Caldwell election challenge: First court date set for Monday

Only four votes separated Toni Waters and Thomas Britten during the May 19 election for the Caldwell School District’s Zone 2 seat.

To complicate things, an error at the polls meant five residents of Zone 1 — which didn’t have an election that day — voted anyway.

Waters, who lost with 104 votes, officially challenged the outcome of the vote in late May. Now, 3rd District Judge Christopher Nye will decide if the election needs to be held again.

The first hearing in that case has now been set. Nye will hold a status conference at 9 a.m. Monday in the Canyon County Courthouse in Caldwell, according to Idaho’s online court records system.

Because the error was made by election officials, it’s not likely Waters would have to pay to hold a new vote, Canyon County spokesman Joe Decker said in May. He said it’s possible the election could piggyback on another scheduled election — there are four possible dates a year under Idaho’s consolidated election law — or a special election would have to be held.