Lesson 3 of 10 · about 20 minutes
Filing: Declarations, Petitions and Fees
You'll be able to
- Work out the filing window for any local election from the election date
- Name the filing office, fee and petition rule for county, city, school and district seats
- File a complete declaration of candidacy and a petition that survives signature checking
- Explain write-in, withdrawal and uncontested-seat rules and the deadlines that go with them
Start here: the short version
- For county and district seats, the filing window opens at 8 a.m. on the twelfth Monday before the election and closes at 5 p.m. on the tenth Friday. For November 2, 2027 that is August 16 to 27, 2027.
- County candidates file with the county clerk and pay $40 or file a five-signature petition. City candidates file with the city clerk, $40 or five signatures. School and district candidates file a nominating petition with five signatures from their zone or subdistrict.
- Since July 1, 2026, 34-1404 sends district petitions to the county clerk. Some older district statutes still name the district's clerk, so confirm the office in writing before the window opens.
- Withdrawals and write-in declarations are due at 5 p.m. on the ninth Friday before the election. In most nonpartisan races, if only one person files, no election is held and that person is declared elected.
More local candidacies die at the filing counter than at the ballot box. The window is two weeks long, it opens almost three months before the election, and it closes at 5 p.m. sharp. The forms are short but sworn. The petitions need only five signatures, but the wrong five do not count. This lesson walks through every step for county, city, school and special district seats, with the statute for each rule and the 2026 and 2027 dates from the Secretary of State's election calendars.
The filing windows
Idaho counts filing deadlines backward from election day in weeks. The formulas sit in statute, and the Secretary of State turns them into dates each year in the election calendar.
- County offices, precinct committeemen and countywide highway districts (partisan, May primary): 8 a.m. on the twelfth Monday before the primary to 5 p.m. on the tenth Friday, filed with the county clerk (34-704(3)).
- Federal, state and legislative offices, for comparison: 8 a.m. on the thirteenth Monday to 5 p.m. on the twelfth Friday before the primary, filed with the Secretary of State (34-704(2)). House Bill 278 (2025) shortened that state-level window to one week while keeping two weeks for other offices, as part of a bill to standardize clerk deadlines.
- School, highway, fire, library, cemetery, recreation, hospital, water and sewer and other districts under the uniform district election law: 8 a.m. on the twelfth Monday to 5 p.m. on the tenth Friday before the election (34-1404(4)).
- City offices: the same 34-1404 window, applied by 50-410(1), filed with the city clerk.
- Irrigation districts are outside chapter 14: nominations go to the district secretary not less than 40 or more than 60 days before the election (43-201(4)).
| Election | Who files | Filing window | Write-in and withdrawal deadline | 34-219 challenge deadline |
|---|---|---|---|---|
| May 19, 2026 primary | County offices, precinct committeemen, May district seats | March 2 to 13, 2026 | March 20, 2026 | March 27, 2026 |
| November 3, 2026 general | Nonpartisan candidates on the November ballot | August 17 to 28, 2026 | September 4, 2026 | September 18, 2026 |
| May 18, 2027 | Highway, library, hospital, water and sewer and other May district seats | March 1 to 12, 2027 | March 19, 2027 | March 26, 2027 |
| November 2, 2027 | City, school trustee, fire, cemetery, recreation, soil and water and other November seats | August 16 to 27, 2027 | September 3, 2027 | September 10, 2027 |
Source: Idaho Secretary of State 2026 and 2027 Election Calendars (the 2027 edition is dated September 9, 2026 and may change after the 2027 session). Filing closes at 5 p.m. on the last day.
Example: counting the weeks for a fire board seat
A resident of the invented town of Cold Spur wants to run for the Cold Spur Rural Fire Protection District board on November 2, 2027.
Count Fridays back from Tuesday, November 2: October 29 is the first, October 22 the second, and so on. The tenth Friday is August 27. Count Mondays back: November 1 is the first, and the twelfth is August 16. So the petition can go in from 8 a.m. Monday, August 16 to 5 p.m. Friday, August 27, 2027. The ninth Friday, September 3, is the last day to withdraw or for a rival to file as a write-in.
The resident should also check the fire district's own residency clock (one year in the district, 90 consecutive days in the subdistrict under 31-1409) against the filing date, not just election day.
Where you file
County offices are simple. Idaho Code 34-705 says candidates for county offices, single countywide highway district offices, and party precinct offices file with the county clerk, whether they are party or independent candidates.
City offices are filed with the city clerk under 50-410. Before a petition of candidacy is filed, the county clerk verifies the signatures as provided in 34-1807, with the city clerk standing in for the Secretary of State. The city clerk then checks the declaration and fee or petition against chapter 4 of Title 50 before accepting it.
School and special districts changed this year. Until July 1, 2026, 34-1404 said district nominating petitions were filed with the clerk of the political subdivision, who notified the county clerk. Senate Bill 1376, Session Law Chapter 235, rewrote it: petitions "shall be filed with the county clerk," the county clerk notifies the district and verifies qualifications within five days after filing closes, and the district clerk reviews and certifies the nominees to the county clerk within 48 hours. Each district must also give the county clerk a current map of its subdistricts by January 1 of any election year. The bill's statement of purpose says many districts in smaller counties "do not have regular hours of operation during the tight filing window."
The 2026 bill amended only 34-1404. Several district statutes still name another office:
- 33-502 still says a trustee declaration is filed "with the clerk of the board of trustees of the school district as provided in section 34-1404."
- 40-1305C says highway district petitions are filed with "the election official of the highway district."
- 22-2721 says soil and water conservation petitions are filed with "the secretary of the district."
- The Secretary of State's 2027 calendar lists the May 2027 window as filing "with the county clerk" and the November 2027 window as filing "with the clerk of the political subdivision" (citing 34-1404 and 50-410).
Until the legislature or the Secretary of State reconciles these, the safe course is to ask the county clerk, in writing, where your petition for your specific seat must be filed, and to keep the answer. If the answer names two offices, file a copy in both and get each one date-stamped.
Fees and petitions
| Seat | Filing fee | Petition | Statute |
|---|---|---|---|
| County office (party candidate) | $40, to the county treasury | Or, in lieu of the fee, 5 qualified electors; commissioner signers must live in the commissioner district | 34-617 to 34-623; 34-626 |
| County office (independent) | See your clerk | Required: 5 qualified electors, plus a declaration of no party affiliation | 34-708 |
| Precinct committeeman | None | None | 34-624 |
| Countywide highway district (Ada) | $10, to the county current expense fund | Independents: 5-signature petition under 34-708 (added for these districts in 2026). 34-626, the petition-in-lieu section, lists only offices in 34-604 to 34-623 | 34-625 |
| Mayor or city council | $40 nonrefundable, to the city treasury | Or a petition of candidacy signed by at least 5 registered qualified electors of the city | 50-406 |
| School trustee | None in statute | Required: at least 5 school district electors living in the candidate's trustee zone | 33-502 |
| Fire, library, cemetery, recreation, hospital, water and sewer, highway (ordinary) | None in 34-1404 | Required: at least 5 electors of the candidate's zone or district | 34-1404(1); 40-1305C |
| Soil and water conservation | None in statute | Required: at least 5 qualified electors owning land or living in the district | 22-2721 |
| Irrigation district | None in statute | Required: 6 electors (under 100 resident electors) or 12 (over 100), plus a nominee's oath | 43-201 |
Under 34-701(4), fees may be paid in cash, cashier's check, money order, personal check, or credit or debit card, and the office may add its card processing cost to the fee. Under 34-717, fees are not refunded if you withdraw.
The declaration of candidacy
The Secretary of State prescribes one statewide form for declarations and petitions (34-701(1)). What the law requires it to contain:
- A sworn verification that you meet the legal qualifications for the office (34-701(3)). You are swearing to it, so the eligibility homework in lesson 2 comes first.
- Homestead disclosure. Whether you have claimed the homeowner's exemption under 63-602G, and the address of any such homestead, for you and a spouse (34-701(3)).
- Campaign contact information, including phone numbers (34-701(2)). District petitions must also include email addresses (34-1404(6)).
- Party affiliation, for partisan candidates. Under 34-704(1), a party candidate must be affiliated with the party at the time of filing, shown by a party affiliation form submitted with the declaration, and the clerk must reject a partisan primary declaration from someone who is not affiliated.
- No party, for city candidates. 50-406 says the city declaration shall make "no mention relating to party."
The city form printed in 50-407 ends with "Subscribed and sworn to before me" and a notary block, and each petition sheet carries a circulator's sworn statement that every signer signed in the circulator's presence. Plan for a notary. Many clerk's offices have one on staff; ask when you pick up the form.
Everything on these forms is public. Under 34-704(6) and 34-1404(7), the information in declarations and nominating petitions is available on request, with a narrow exception for judicial officers' home addresses and phone numbers. Your phone number and email will be in the hands of reporters, opponents and every group with a candidate questionnaire within days. Use a campaign phone and a campaign email.
Myth: Any five signatures will do
Only the right five count. For county commissioner, signers must live in the commissioner district (34-626). For a school trustee, they must be electors living in your trustee zone (33-502). For district seats, electors of your zone or subdistrict (34-1404). For city seats, registered qualified electors of the city (50-407). The county clerk checks every name, address and signature against the voter roll under 34-1807 and strikes any that do not match. A friend who lives one street over, a spouse who never updated their registration, a signer who printed instead of signing: each one can sink a five-signature petition. Collect at least ten or twelve.
Petitions: getting them right
The signature rules borrow from the initiative chapter. Idaho Code 34-1807 requires each sheet to carry a circulator's affidavit and has the county clerk examine the petition, strike names where the name, address or signature do not match a qualified elector of the proper area, and certify the count. City petitions go to the county clerk for verification before they can be filed with the city clerk (50-410). Leave time for that step: the clerk's office is checking petitions for every seat on the ballot during the same two weeks.
Several separate petition sheets may circulate at once, and they are treated as one petition when filed (50-407). Each signer writes a printed name, residence address and date, and signs. The circulator signs the affidavit, often before a notary, after the signatures are collected.
After you file
The filing officer verifies your qualifications and certifies the nominees for the ballot. For district races, 34-1404 now gives the county clerk five days after the close of filing. Then the challenge clock runs: any registered voter may ask the clerk to investigate your qualifications under 34-219 until the deadline the clerk sets (no earlier than 14 days after filing closes). The county clerk also publishes a notice of the filing deadline for all taxing districts 7 to 14 days before it closes (34-1405) and, each December, the county's election calendar for the next year.
Withdrawing
You may withdraw by filing a notarized statement of withdrawal with the office where you filed, stating who you are, the office and the reason. For county and precinct committeeman candidates the deadline is 5 p.m. on the ninth Friday before any election (34-717(3)), and for district candidates the same day (34-1405A). The fee stays with the county or city. And under 34-717(4), a partisan candidate who withdraws may not later be appointed to fill a vacancy unless the vacancy arose from a previous candidate's death. After the deadline, your name stays on the ballot whether you campaign or not.
Write-in candidates
Idaho counts write-in votes only for people who filed a declaration of intent saying they want the office and are legally qualified for it (34-702A(1)). Votes for anyone else are not counted, which is why a write-in campaign for a neighbor who never filed does nothing.
- County office or precinct committeeman (primary): declaration of intent with the county clerk by 5 p.m. on the ninth Friday before the primary (34-702A(3)). To become the party's nominee from a primary write-in, the candidate must also get at least five write-in votes (34-702(1)).
- Nonpartisan district offices: declaration of intent by 5 p.m. on the ninth Friday before the election, filed with the clerk of the political subdivision under 34-1407. The 2027 calendar says to file it with the county clerk. Ask which.
- City offices: 50-410 sends write-ins to 34-1407.
- How voters vote: in counties using optical scan ballots, a voter may not use a sticker or stamp, only handwriting (34-702A(5)).
A write-in declaration also matters where the law cancels uncontested elections, because a single write-in filing can turn a no-contest seat into a contested one. Under 34-1407(2), where a district statute says no election is held with one candidate, write-ins may still file until the ninth Friday, and if no candidate has filed by then, no election is held.
When only one person files
Idaho saves money on uncontested nonpartisan races by not holding them.
- Cities under 100,000: under 50-405(2), revised in 2024 by Senate Bill 1260, no election is held for mayor if one person has filed (counting write-ins), for a numbered seat if one person filed for it, or for at-large council seats if the number of filers is equal to or fewer than the seats. The city clerk declares the winners, who are installed at the first council meeting in January.
- School trustees: under 33-502B, if only one qualified candidate is nominated for a zone, or only one write-in has filed and turned in five zone electors' signatures, the board declares that person elected.
- Special districts: fire (31-1410(5)), cemetery (27-111(3)), library (33-2717), recreation (31-4306(2)), hospital (39-1330), water and sewer (42-3211), soil and water conservation (22-2721(4)) and irrigation (43-201A) all have their own version.
- County offices are different. Chapter 7 of Title 34 has no cancellation rule for partisan county races, so an unopposed county candidate still appears on the primary and general ballots.
Your name on the ballot
The ballot name comes from your declaration. Idaho has one statute on gaming it. Under 34-903A, if a candidate has legally changed their name to words that convey a political message, and a note would reduce voter confusion, the clerk must print "(A person, formerly known as ...)" after the name. Use the name people know you by, as it appears on your registration, and ask the clerk how they handle nicknames before you file.
How to: the filing checklist
- Confirm the seat, the term (four-year, two-year or unexpired) and, for cities with numbered seats, the seat number.
- Confirm in writing where to file and the exact window. Put the closing time, 5 p.m., in your calendar with an alarm two days earlier.
- Get the current year's declaration form from the clerk or voteidaho.gov. Do not use last cycle's form.
- Fill it out with your legal name, residence address, campaign phone and campaign email. Answer the homestead question accurately.
- Sign the sworn verification before a notary or the filing officer, as the form directs.
- Bring the $40 fee (county or city) or the verified petition. Ask whether a card fee will be added.
- Get a date-stamped copy of everything you hand over.
- Set up your campaign finance paperwork the same week. Once you raise or spend $500, a treasurer appointment and reports are required (see lesson 5 and Running a Candidate Committee).
How to: the petition checklist
- Get a map of your zone, subdistrict or commissioner district from the county clerk.
- Print the official petition sheets. Fill in the candidate name, office and term at the top before anyone signs.
- Ask each signer to confirm they are registered at their current address inside the area. Look them up on voteidaho.gov if unsure.
- Have each signer sign, print their name, write the residence address (not a P.O. box) and date it, in your presence.
- Collect at least double the required number.
- Sign the circulator's affidavit, before a notary where the form calls for one.
- Take the sheets to the county clerk for verification early in the window, and get the certified count back before filing.
How to: check your race after filing closes
- The day after filing closes, ask the clerk for the list of filed candidates for your seat.
- Watch for write-in declarations until the ninth Friday.
- Note the 34-219 challenge deadline and keep your residency documents together until it passes.
- If you are the only filer in a nonpartisan race, ask the clerk whether the seat will be declared and when you will receive the certificate of election.
- If you are running against an incumbent, read their declaration too. It is a public record.
How to: get out cleanly if you must
- Decide before the ninth Friday. After that, your name stays on the ballot.
- Get the withdrawal form from the office where you filed and sign it before a notary.
- State the reason briefly. It becomes public.
- Close or wind down your campaign finance committee as lesson 5 describes. Withdrawing does not end reporting duties for money already raised.
If you report on this
Ask the county clerk for every declaration, petition and withdrawal filed for the election; all are public under 34-704(6) and 34-1404(7). Check the city clerk separately for city offices. Count uncontested seats and seats with no filer. After the 2026 change to 34-1404, ask the clerk and two or three district secretaries where candidates actually filed, and whether any petition was turned away for going to the wrong office. That is a real story if it happens.
Go further
- Secretary of State, Candidate Filing, with the run.voteidaho.gov list of filed candidates.
- 2027 Idaho Election Calendar (PDF) and 2026 calendar (PDF).
- Withdrawal of Candidacy form (PDF).
- Senate Bill 1376 (2026), the change to where district candidates file.
- Secretary of State quick guide to campaign finance for local office (PDF).
- Filing and research tools in course 46.
Check yourself
1. For a district or city election on a consolidated date, when does the candidate filing window run under Idaho Code 34-1404?
34-1404(4) sets the window from 8 a.m. on the twelfth Monday to 5 p.m. on the tenth Friday before the election. For May 18, 2027 that is March 1 to 12; for November 2, 2027 it is August 16 to 27.
2. What does a candidate for county sheriff pay to file, if not filing a petition instead?
34-618(4) sets a $40 filing fee, the same as the other county offices in 34-617 to 34-623. Under 34-626 a petition with five county electors' signatures may be filed instead.
3. What did Senate Bill 1376 (2026) change?
S1376, Session Law Chapter 235, effective July 1, 2026, amended 34-1404 so district nominating petitions are filed with the county clerk, who notifies the district and verifies qualifications within five days after filing closes; the district clerk then certifies the nominees to the county clerk within 48 hours.
4. A city has 40,000 people. After the write-in deadline, only one person has filed for mayor. What happens?
50-405(2) says cities under 100,000 hold no election for an office with only one filed or write-in candidate after the write-in deadline, and the city clerk declares the candidate elected.
5. A county commission candidate wants off the May primary ballot. What must they do and by when?
34-717 requires a notarized statement of withdrawal with the filing officer, and 34-717(3) sets the deadline for county candidates at 5 p.m. on the ninth Friday before any election. Filing fees are not refunded.
6. A write-in candidate for a county office wins the party's May primary with 3 write-in votes and no one else running. Is the candidate the party's nominee?
34-702(1) requires at least five write-in votes for a county office, plus a declaration of intent under 34-702A, for a primary write-in to become the party's candidate at the general election.
Terms in this lesson
- Declaration of candidacy
- The sworn form a candidate files to get on the ballot, stating the office, term and qualifications. The Secretary of State prescribes the form.
- Nominating petition
- A sheet of voter signatures supporting a candidate. District candidates must file one; county and city candidates may file one instead of paying the fee.
- Petition in lieu of filing fee
- A petition signed by the number of qualified electors set in Idaho Code 34-626 (five for a county office) that replaces the filing fee.
- Declaration of intent
- The form a write-in candidate must file by the deadline. Without it, write-in votes for that person are not counted.
- Statement of withdrawal
- The notarized form a candidate files with the filing officer to come off the ballot before the withdrawal deadline.
- Certification of nominees
- The filing officer's official list of qualified candidates to be printed on the ballot.
Sources
- Idaho Code 34-1404, Declaration of candidacy (uniform district election law) checked 2026-10
- Senate Bill 1376 (2026) text and statement of purpose checked 2026-10
- House Bill 278 (2025), Elections, filing deadlines, statement of purpose checked 2026-10
- Idaho Code 34-704 and 34-705, Declarations of candidacy and with whom filed checked 2026-10
- Idaho Code 34-626, Petition in lieu of filing fee checked 2026-10
- Idaho Code 34-701, Form, sworn verification, filing fee payment checked 2026-10
- Idaho Code 50-406, 50-407 and 50-410, city declarations, petitions and filing checked 2026-10
- Idaho Code 33-502 and 33-502B, School trustee declarations and one nomination checked 2026-10
- Idaho Code 34-702 and 34-702A, Write-in candidates checked 2026-10
- Idaho Code 34-1407, Write-in candidates (districts) checked 2026-10
- Idaho Code 34-717 and 34-1405A, Withdrawal of candidacy checked 2026-10
- Idaho Code 50-405, No election for unopposed city offices checked 2026-10
- Idaho Code 34-903A, Name on ballot checked 2026-10
- Idaho Secretary of State, 2026 and 2027 Election Calendars checked 2026-10
- Idaho Secretary of State, Candidate Filing checked 2026-10