TITLE 34 ELECTIONS CHAPTER 2 DUTIES OF OFFICERS 34-213. Mandamus to enforce compliance by county clerk. (1) Whenever it appears to the secretary of state that a county clerk has failed to comply with a lawful directive or instruction prepared and distributed or given under the authority of the secretary of state, the secretary of state may apply to the appropriate district court or a judge thereof for a writ of mandamus to compel the county clerk to comply with such directive or instruction. In any such mandamus proceeding it is a defense that the directive or instruction in question is unlawful. (2) The remedy provided in this section is cumulative and does not exclude any other remedy provided by law against a county clerk who fails to comply with a lawful directive or instruction prepared and distributed or given under the authority of the secretary of state. History:How current is this law?
§ I.C. § 34-213Mandamus to enforce compliance by county clerk
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