(a) The contestant shall file with the secretary of state a bond in the amount of five hundred dollars ($500) conditioned to pay the contestee's costs in case the election be confirmed by the legislature. (b) The contestants are liable for witness fees and the costs of discovery made by them respectively. If the election is upheld by the legislature, the legislature may assess costs against the contestant. If the election is annulled by the legislature, the legislature may assess costs against the contestee. (c) If the election is set aside or annulled on the grounds of fraud or error by the election officials in conducting the election or in canvassing the returns, the contest costs shall be a charge against the county in which the fraud or error occurred. (d) If a special election is called by the legislature pursuant to section 34-2121 , Idaho Code, the costs associated with the special election shall be allocated in equal amounts to the state of Idaho and the county or counties where the special election is held.
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