T67CH66

Title 67 > T67CH66

Sections (31)

67-6601

TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 66 ELECTION CAMPAIGN CONTRIBUTIONS AND EXPENDITURES 67-6601. Purpose of chapter. The purpose of this chapter is: (1) To promote public confidence in government; and (2) To promote openness in government and to promote transparency by those giving financial support to election campaigns and those promoting or opposing legislation or attempting to influence executive or administrative actions for compensation. History: [67-6601, added Init. Measure 1974, No. 1, sec. 1; am. 2006, ch. 106, sec. 1, p. 294; am. 2019, ch. 288, sec. 1, p. 831.]

67-6602

TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 66 ELECTION CAMPAIGN CONTRIBUTIONS AND EXPENDITURES 67-6602. Definitions. As used in this chapter, the following terms have the following meanings: (1) Candidate means an individual who seeks nomination, election, or reelection to public office and who has taken any of the following actions: (a) Announced the individual’s candidacy publicly; (b) Filed for public office; (c) Received a contribution for the purpose of promoting the individual’s candidacy for office; or (d) Made an expenditure, contracted for services, or reserved space with the intent of promoting the individual’s candidacy for office. For purposes of this chapter, an incumbent shall be presumed to be a candidate in the subsequent election for his or her office until the incumbent has failed to file a declaration of candidacy by the statutory deadline. (2) Compensation includes any advance, conveyance, forgiveness of indebtedness, deposit, distribution, loan, payment, gift, pledge or transfer of money or anything of value, and any contract, agreement, promise or other obligation, whether or not legally enforceable, to do any of the foregoing, for services rendered or to be rendered, but does not include reimbursement of expenses if such reimbursement does not exceed the amount actually expended for such expenses and is substantiated by an itemization of such expenses. (3) Contribution includes any advance, conveyance, forgiveness of indebtedness, deposit, distribution, loan, payment, gift, pledge, subscription or transfer of money or anything of value, and any contract, agreement, promise or other obligation, whether or not legally enforceable, to make a contribution, in support of or in opposition to any candidate, political committee or measure. Such term also includes personal funds or other property of a candidate or members of his household expended or transferred to cover expenditures incurred in support of such candidate but does not include personal funds used to pay the candidate filing fee. Such term also includes the rendering of personal and professional services for less than full consideration, but does not include ordinary home hospitality or the rendering of part-time personal services of the sort commonly performed by volunteer campaign workers or advisors or incidental expenses not in excess of twenty-five dollars ($25.00) personally paid for by any volunteer campaign worker. Part-time services, for the purposes of this definition, means services in addition to regular full-time employment, or, in the case of an unemployed person or persons engaged in part-time employment, services rendered without compensation or reimbursement of expenses from any source other than the candidate or political committee for whom such services are rendered. For the purposes of this act, contributions, other than money or its equivalent shall be deemed to have a money value equivalent to the fair market value of the contribution. (4

67-6603

TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 66 ELECTION CAMPAIGN CONTRIBUTIONS AND EXPENDITURES 67-6603. Appointment of political treasurer. (a) Each candidate and political committee shall appoint a political treasurer and certify the full name and complete address of the political treasurer to the secretary of state. A political treasurer so appointed shall be a registered elector of this state. An individual may be appointed and serve as political treasurer for a candidate and a political committee or two (2) or more candidates or political committees. A candidate may appoint himself his own political treasurer. (b) A candidate or political committee may remove his or its political treasurer. In case of the death, resignation or removal of his or its political treasurer before compliance with all obligations of a political treasurer under this act, such candidate or political committee shall appoint a successor and certify the name and address of the successor in the manner provided in the case of an original appointment. (c) No contribution shall be received or expenditure made by or on behalf of a candidate or political committee: (1) Until the candidate or political committee appoints a political treasurer and certifies the name and address of the political treasurer to the secretary of state or, in the event of a vacancy in the office of political treasurer, has certified the name and address of the successor as provided therein; and (2) Unless the contribution is received or expenditure made by or through the political treasurer for the candidate or political committee. History: [67-6603, added Init. Measure 1974, No. 1, sec. 3; am. 2015, ch. 244, sec. 59, p. 1037.]

67-6604

TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 66 ELECTION CAMPAIGN CONTRIBUTIONS AND EXPENDITURES 67-6604. Accounts of political treasurer. (1) The political treasurer for each candidate or political committee shall keep detailed accounts, current within not more than seven (7) days after the date of receiving the contribution or making an expenditure, of all contributions received and all expenditures made by or on behalf of the candidate or political committee that are required to be set forth in a statement filed under this chapter. (2) Accounts kept by the political treasurer for a candidate or political committee may be inspected before the election to which the accounts refer by the secretary of state, or county clerk for local government offices or measures, or his agent or employee, who is making an investigation pursuant to section 67-6615 , Idaho Code. (3) Accounts kept by a political treasurer shall be preserved by him for at least one (1) year after the date of the election to which the accounts refer or at least one (1) year after the date the last statement is filed under section 67-6607 , Idaho Code, whichever is later. History: [67-6604, added Init. Measure 1974, No. 1, sec. 4; am. 2019, ch. 288, sec. 3, p. 835.]

67-6605

TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 66 ELECTION CAMPAIGN CONTRIBUTIONS AND EXPENDITURES 67-6605. Contributions obtained by a political committee. Contributions shall not be obtained for a political committee by use of coercion or physical force, by making a contribution a condition of employment or membership, or by using or threatening to use job discrimination or financial reprisals. A political committee may solicit or obtain contributions from individuals as provided in chapter 26, title 44 , Idaho Code, or as provided in section 44-2004 , Idaho Code. A violation of the provisions of this section shall be punished as provided in section 67-6625 (2), Idaho Code. History: [67-6605, added 1997, ch. 393, sec. 2, p. 1252; am. 2003, ch. 97, sec. 3, p. 314; am. 2021, ch. 237, sec. 3, p. 728.]

67-6606

TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 66 ELECTION CAMPAIGN CONTRIBUTIONS AND EXPENDITURES 67-6606. Expenditures by nonbusiness entity. (1) Any nonbusiness entity that is not a political committee as defined in section 67-6602 , Idaho Code, making expenditures in or directed to voters in the state of Idaho in an amount exceeding one thousand dollars ($1,000)inanycalendaryearforthepurposeofsupportingoropposingone(1)ormorecandidatesormeasuresshallfileastatementwiththesecretaryofstate.Thestatementshallinclude:(a)Thenameandaddressofthenonbusinessentityandthenameandaddressofitsprincipalofficerordirectors.(b)Thenameandaddressofeachpersonwhosefees,dues,paymentsorotherconsiderationpaidtosuchnonbusinessentityduringeitherofthepriortwo(2)calendaryearshasexceededfivehundreddollars($500) or who has paid or has agreed to pay fees, dues, payments or other consideration exceeding five hundred dollars ($500)tosuchentityduringthecurrentyear.(2)Thisstatementshallbefiledwithinthirty(30)daysofwhentheonethousanddollar($1,000) threshold mentioned in subsection (1) of this section is exceeded. History: [67-6606, added 1994, ch. 379, sec. 3, p. 1221; am. 2015, ch. 284, sec. 2, p. 1154; am. 2019, ch. 288, sec. 4, p. 836; am. 2019, ch. 290, sec. 2, p. 853.]

67-6607

TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 66 ELECTION CAMPAIGN CONTRIBUTIONS AND EXPENDITURES 67-6607. REPORTS OF CONTRIBUTIONS AND EXPENDITURES BY CANDIDATES AND POLITICAL COMMITTEES. (1) Each candidate or the political treasurer for each candidate, and each political committee or the political treasurer of each political committee, shall file with the secretary of state a statement of all contributions received and all expenditures and encumbrances made by or on behalf of the candidate or political committee, according to the schedule provided in this section. The statement shall itemize each contribution received and each expenditure or encumbrance made during the reporting period and shall include the following: (a) Under contributions, the statement shall include a list of all the contributions received, including any funds or property of the candidate used to cover expenditures. The statement shall list the full name and complete address of each person who contributed an aggregate amount of more than fifty dollars ($50.00)andtheamountcontributedbythatperson.Thestatementmaylistasasingleitemthetotalamountofcontributionsoffiftydollars($50.00) or less; and (b) Under expenditures, the statement shall include the name and address of each person to whom an expenditure or encumbrance was made in the amount of twenty-five dollars ($25.00)ormore,andtheamount,date,andpurposeofeachsuchexpenditure.Eachexpenditureorencumbranceintheamountoftwenty-fivedollars($25.00) or more shall be evidenced by an invoice, receipt, or canceled check or an accurate copy thereof. Such evidence shall not be filed with the statement but shall be retained by the committee or candidate for a period of one (1) year after the statement has been filed. The statement may list as a single item the total amount of expenditures and encumbrances of less than twenty-five dollars ($25.00) without showing the exact amount of or requiring evidence of each such expenditure or encumbrance. Anything of value, other than money, paid for or contributed by any person shall be listed both as an expenditure and as a contribution. (2) For the first report under this section, the reporting period shall cover the period beginning with the first contribution, expenditure, or encumbrance through the end of the current reporting period. Each candidate and each political committee, or the treasurer for a candidate or political committee or ballot measure, shall file the report described under subsection (1) of this section as follows: (a) In the year of the election, a monthly report shall be filed for each month of the year. Each report shall be filed by the tenth day of the month following the month being reported; and (b) For the nonelection year, an annual report covering the nonelection year shall be filed by January 10 of the following year. (3) Notwithstanding any other reports required under this section, each candidate and each political

67-6608

TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 66 ELECTION CAMPAIGN CONTRIBUTIONS AND EXPENDITURES 67-6608. SPECIAL PROVISION FOR certain ELECTIONS AND MEASURES. (1) The political treasurer for a candidate for a judicial office or a local government office, or for a political committee that is specifically designated to support or oppose a candidate or local ballot measure, is exempt from filing reports under section 67-6607 , Idaho Code, unless and until such time as the candidate receives contributions or expends funds in the amount of five hundred dollars ($500)ormore.Withinseven(7)calendardaysofthefivehundreddollar($500) threshold being met, the political treasurer for the candidate shall file a cumulative report covering the period from the first contribution or expenditure to the current date and shall file all subsequent reports according to section 67-6607 , Idaho Code, regardless of amounts received or expended. (2) The political treasurer for a political committee that is not specifically designated to support or oppose any candidate or measure, but that receives contributions and makes expenditures for the purpose of supporting or opposing a candidate for a judicial office, a local government office, or a local ballot measure, is exempt from filing reports under section 67-6607 , Idaho Code, unless and until such time as the political committee receives contributions or expends funds in the amount of one thousand dollars ($1,000)ormore.Withinseven(7)calendardaysoftheonethousanddollar($1,000) threshold being met, the political treasurer for the political committee shall file a cumulative report covering the period from the first contribution or expenditure to the current date and shall file all subsequent reports according to section 67-6607 , Idaho Code, regardless of amounts received or expended. History: [67-6608, added 2019, ch. 288, sec. 7, p. 837; am. 2020, ch. 70, sec. 1, p. 159.]

67-6609

TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 66 ELECTION CAMPAIGN CONTRIBUTIONS AND EXPENDITURES 67-6609. STATEMENT AS TO NO CONTRIBUTION OR EXPENDITURE. If no contribution is received or expenditure made by or on behalf of a candidate or political committee during a period described in section 67-6607 , Idaho Code, the political treasurer for the candidate or political committee shall file with the secretary of state, at the time required by such section of this act for the period, a statement to that effect. History: [67-6609, added Init. Measure 1974, No. 1, sec. 9; am. 2019, ch. 288, sec. 8, p. 838.]

67-6610

TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 66 ELECTION CAMPAIGN CONTRIBUTIONS AND EXPENDITURES 67-6610. Contribution in excess of fifty dollars. (a) Any person who contributes more than fifty dollars ($50.00)(includingoneormoresmallercontributionswhichaggregatemorethanfiftydollars($50.00) in any one calendar year) to a candidate or political committee shall accompany the contribution with a statement of his full name and complete address. (b) If a political treasurer is offered or receives a payment or contribution of more than fifty dollars ($50.00),orwhichtogetherwithpriorcontributionsfromthesamepersonduringthatcalendaryearexceedsfiftydollars($50.00), and there is no statement of the full name and complete address of the person making the contribution, the contribution shall be returned to the contributor if his identity can be ascertained. If the contributor’s identity cannot be ascertained, the contribution shall be transmitted immediately by the political treasurer who received it to the state controller for deposit in the public school fund. History: [67-6610, added Init. Measure 1974, No. 1, sec. 10; am. 1994, ch. 180, sec. 229, p. 562.]

67-6610A

TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 66 ELECTION CAMPAIGN CONTRIBUTIONS AND EXPENDITURES 67-6610A. Limitations on contributions. (1) Except as provided in subsection (2) of this section, aggregate contributions for a primary election or a general election made by a corporation, political committee, other recognized legal entity or an individual shall be subject to the limitations of this subsection. This subsection shall not apply to a candidate contributing or loaning money to his own campaign account or to a candidate for a state legislative office who, in terminating his campaign account, transfers the balance of funds to that candidate’s new campaign account for a different state legislative office. In such case, any contributions received in the closed account, combined with any contributions received in the new account, shall count against the contribution limits provided in this subsection when received from the same contributor for the same election date. (a) Aggregate contributions by a corporation, political committee, other recognized legal entity, or an individual to a candidate for the state legislature, judicial office, or local government office, and political committees organized on the candidate’s behalf, shall be limited to an amount not to exceed one thousand dollars ($1,000)fortheprimaryelectionandanamountnottoexceedonethousanddollars($1,000) for the general election. (b) Aggregate contributions for a primary election or a general election by a corporation, political committee, other recognized legal entity or an individual to a candidate for statewide office and political committees organized on the candidate’s behalf shall be limited to an amount not to exceed five thousand dollars ($5,000)fortheprimaryelectionandanamountnottoexceedfivethousanddollars($5,000) for the general election. (2) Aggregate contributions for a primary election or for a general election made by a county central committee or by the state central committee of the political parties qualified under section 34-501 , Idaho Code, to a candidate for the state legislature and political committees organized on the candidate’s behalf shall be limited to an amount not to exceed two thousand dollars ($2,000)fortheprimaryelectionandanamountnottoexceedtwothousanddollars($2,000) for the general election. Aggregate contributions for the primary election or the general election by the state central committee of the political parties qualified under section 34-501 , Idaho Code, to a candidate for statewide office and political committees organized on the candidate’s behalf shall be limited to an amount not to exceed ten thousand dollars ($10,000)fortheprimaryelectionandanamountnottoexceedtenthousanddollars($10,000) for the general election. (3) For purposes of this section, statewide office shall mean an office in state government that shall appear on the primary or general election ballot throughout

67-6610B

TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 66 ELECTION CAMPAIGN CONTRIBUTIONS AND EXPENDITURES 67-6610B. Retiring debt. (1) If a political committee organized on behalf of a candidate has unpaid debt at the end of the reporting periods specified in section 67-6607 , Idaho Code, then the committee may accept additional contributions to retire such unpaid debt, provided the contributions do not exceed the applicable contribution limits prescribed. (2) For the purposes of this section, unpaid debt means any unpaid monetary obligation incurred by the political committee as listed on the reports filed through the postelection report period minus any cash balance reported on the postelection report. Outstanding loans are considered a type of unpaid debt. History: [67-6610B, added 2004, ch. 277, sec. 1, p. 767; am. 2019, ch. 288, sec. 10, p. 839.]

67-6610C

TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 66 ELECTION CAMPAIGN CONTRIBUTIONS AND EXPENDITURES 67-6610C. Use of contributed amounts for certain purposes. (1) Permitted uses. A contribution accepted by a candidate may be used by the candidate: (a) For expenditures in connection with the campaign for public office of the candidate; (b) For ordinary and necessary expenses incurred in connection with duties of the individual as a holder of public office; (c) For contributions to an organization described in section 170(c) of the Internal Revenue Code of 1986; (d) For transfers, without limitation, to a national, state or local committee of a political party; (e) For donations to state and local candidates subject to the provisions of state law; or (f) For any other lawful purpose unless prohibited by subsection (2) of this section. (2) Prohibited use. (a) In general. A contribution shall not be converted by any person to personal use. (b) Conversion. For the purposes of subsection (2)(a) of this section, a contribution shall be considered to be converted to personal use if the contribution is used to fulfill any commitment, obligation or expense of a person that would exist irrespective of the candidate’s election campaign or individual’s duties as a holder of public office, including: (i) A home mortgage, rent or utility payment; (ii) A clothing purchase except for items of de minimis value such as campaign shirts or hats; (iii) A noncampaign or nonofficeholder related automobile expense; (iv) A country club membership; (v) A vacation or other noncampaign-related trip; (vi) A tuition payment; (vii) Admission to a sporting event, concert, theater or other form of entertainment not associated with an election campaign; (viii) Dues, fees and other payments to a health club or recreational facility; and (ix) Meals, groceries or other food expense, except for tickets to meals that the candidate attends solely for the purpose of enhancing the candidacy of another person or meal expenses which are incurred as part of a campaign activity or as part of a function that is related to the candidate’s or officeholder’s responsibilities. History: [67-6610C, added 2006, ch. 36, sec. 2, p. 100.]

67-6610D

TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 66 ELECTION CAMPAIGN CONTRIBUTIONS AND EXPENDITURES 67-6610D. foreign contributions, foreign independent expenditures, and foreign electioneering communications prohibited. (1) A foreign national shall not make a contribution, directly or indirectly, to any candidate, political committee, or measure or make electioneering communications or independent expenditures. (2) As used in this section, foreign national means: (a) An individual who is not a citizen of the United States and is not lawfully admitted for permanent residence; (b) A government or subdivision of a foreign country; (c) A foreign political party; or (d) Any entity, such as a partnership, association, corporation, organization, union, or other combination of persons, that is organized under the laws of or has its principal place of business in a foreign country. (3) A violation of the provisions of this section shall be prosecuted and punished as provided in section 67-6625 (2) through (5), Idaho Code. Provided, however, any person who knowingly and willfully violates the provisions of this section is guilty of a felony when: (a) The aggregate amount of contributions, independent expenditures, or cost of electioneering communications made in violation of this section exceeds one thousand dollars ($1,000) in a consecutive twelve (12) month period; or (b) The person pleads guilty to or is found guilty of a knowing and willful violation of the provisions of this section for a second time within ten (10) years, notwithstanding the form of the judgment or withheld judgment. (4) If any provision of this section or its application to any person or circumstance is held invalid, the remainder of the section or the application of the provision to other persons or circumstances is not affected. History: [67-6610D, added 2021, ch. 237, sec. 1, p. 727.]

67-6611

TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 66 ELECTION CAMPAIGN CONTRIBUTIONS AND EXPENDITURES 67-6611. Independent expenditures. (1) Each person who makes independent expenditures in an aggregate amount exceeding one hundred dollars ($100)insupportoforinoppositiontoanyone(1)candidate,politicalcommittee,ormeasureshallfileastatementoftheexpenditurewiththesecretaryofstate.(2)Statementsshallbefiledwiththesecretaryofstate,notlessthanseven(7)dayspriortotheprimaryandgeneralelectionandthirty(30)daysaftertheprimaryandgeneralelection.(3)Thestatementshallcontainthefollowinginformation:(a)Thenameandaddressofanypersontowhomanexpenditureinexcessoffiftydollars($50.00) has been made by any such person in support of or in opposition to any such candidate or measure during the reporting period, together with the amount, date, and purpose of each such expenditure, including the identity of the candidate or measure, and whether the expenditure was made either in support of or in opposition to such candidate or measure; and (b) The total sum of all expenditures made in support of or in opposition to any such candidate or measure. (4) In addition to the requirements set forth in subsections (1) and (2) of this section, each person who makes independent expenditures in an aggregate amount of one thousand dollars ($1,000) or more after the sixteenth day before, but more than forty-eight (48) hours before, any primary or general election shall file a written statement of the expenditure with the secretary of state not more than forty-eight (48) hours from the time of such expenditure. The statement shall include the information required in subsection (3) of this section. History: [67-6611, added 1997, ch. 393, sec. 5, p. 1254; am. 1999, ch. 29, sec. 1, p. 41; am. 2003, ch. 20, sec. 1, p. 76; am. 2004, ch. 148, sec. 1, p. 478; am. 2021, ch. 150, sec. 1, p. 423.]

67-6612

TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 66 ELECTION CAMPAIGN CONTRIBUTIONS AND EXPENDITURES 67-6612. disclosure of payments made to signature gatherers. (1) Any person who pays or provides other valuable consideration in an aggregate amount of one hundred dollars ($100)ormoretoanotherpersonorpersons,inexchangefortheiractionsorintendedactionsofgatheringsignaturesonaballotinitiativepetitionorreferendum,shallfileastatementoftheexpenditurewiththesecretaryofstate.(2)Theprovisionsofthissectionshallapplybeginningonthedatethattheballotinitiativeorreferendumpetitionersreceivefromthesecretaryofstatetheofficialballottitleforwhichthepersonispayingtohavesignaturesgatheredandshallcontinueforaslongasthefilermakespaymentstoasignaturegathererorgatherers.(3)Statementsshallbefiledonorbeforethetwentiethdayofthemonthfollowingthemonthduringwhichthepaymentstothesignaturegatherersweremade.(4)Thestatementshallcontainthefollowinginformation:(a)Thenameandaddressofanysignaturegatherertowhomapaymentinexcessoffiftydollars($50.00) has been made during the reported month; and (b) The total sum of all payments made to signature gatherers in the aggregate during the reported month. (5) In addition to the statements filed under subsection (3) of this section, any person who pays a signature gatherer or gatherers the aggregate amount of one thousand dollars ($1,000) or more during the fourteen (14) days prior to the election shall file a notice of the expenditures with the secretary of state not more than forty-eight (48) hours from the time of the expenditure. The notice shall include the information required under subsection (4) of this section. History: [67-6612, added 2020, ch. 336, sec. 4, p. 979.]

67-6613

TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 66 ELECTION CAMPAIGN CONTRIBUTIONS AND EXPENDITURES 67-6613. Commercial reporting. Each newspaper, periodical, broadcasting station, direct mailing company, printer and advertising agency which accepts expenditures from a political treasurer shall keep a current record (available to the public) listing the amounts paid and the obligations incurred by each candidate, political committee or political treasurer to such newspaper, periodical, broadcasting station, direct mailing company, printer or advertising agency. History: [67-6613, added Init. Measure 1974, No. 1, sec. 13.]

67-6614

TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 66 ELECTION CAMPAIGN CONTRIBUTIONS AND EXPENDITURES 67-6614. Identification of source of contributions and expenditures. No contribution shall be made and no expenditure shall be incurred, directly or indirectly, in a fictitious name, anonymously, or by one (1) person through an agent, relative or other person in such a manner as to conceal the identity of the source of the contribution. History: [67-6614, added Init. Measure 1974, No. 1, sec. 14.]

67-6614A

TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 66 ELECTION CAMPAIGN CONTRIBUTIONS AND EXPENDITURES 67-6614A. Publication or distribution of political statements. Whenever any person makes an expenditure for the purpose of financing communications expressly advocating the election, approval or defeat of a candidate, measure or person standing for election to the position of precinct committeeman through any broadcasting station, newspaper, magazine, outdoor advertising facility, direct mailing or any other type of general public political advertising, the person responsible for such communication shall be clearly indicated on such communication. History: [67-6614A, added 1977, ch. 180, sec. 4, p. 505; am. 1992, ch. 196, sec. 4, p. 609.; am. 2016, ch. 304, sec. 1, p. 858.]

67-6615

TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 66 ELECTION CAMPAIGN CONTRIBUTIONS AND EXPENDITURES 67-6615. Inspection by secretary of state and county clerks. (1) It is the intent of the legislature to consolidate filings for all offices and measures in a central online database established by the secretary of state. (2) The secretary of state shall inspect each statement filed pursuant to this chapter for statewide, legislative, and judicial district offices or measures, and the county clerk shall inspect each statement filed for all local government offices or measures for which the county is the home county, as defined in section 34-1401 , Idaho Code, within two (2) days after the date it is filed. He shall notify a person required to file a statement under this chapter immediately if: (a) It appears that the person has failed to file a statement as required by law or that a statement filed by the person does not conform to law; or (b) A written complaint is filed with the secretary of state or county clerk by any registered voter alleging that a statement filed with the secretary of state does not conform to law or to the truth or that a person has failed to file a statement required by law. History: [67-6615, added Init. Measure 1974, No. 1, sec. 15; am. 2019, ch. 288, sec. 12, p. 840.]

67-6616

TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 66 ELECTION CAMPAIGN CONTRIBUTIONS AND EXPENDITURES 67-6616. Examination of statements. Within three (3) months after the date of each election, the secretary of state shall examine such statement filed pursuant to this chapter for statewide, legislative, and judicial district offices or measures, and the county clerk shall inspect each statement filed for all local government offices or measures for which the county is the home county, as defined in section 34-1401 , Idaho Code; and referring to the election, determine whether the statement conforms to law. Such examinations shall include a comparison of reports and statements received by the secretary of state pursuant to sections 67-6607 through 67-6609 , 67-6611 , and 67-6614 , Idaho Code. The secretary of state or county clerk may require any person to answer in writing and under oath or affirmation any question within the knowledge of that person concerning the source of any contribution. History: [67-6616, added Init. Measure 1974, No. 1, sec. 16; am. 2019, ch. 288, sec. 13, p. 840.]

67-6623

TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 66 ELECTION CAMPAIGN CONTRIBUTIONS AND EXPENDITURES 67-6623. Duties of secretary of state and county clerks. (1) The secretary of state and each county clerk is charged with enforcement of the provisions of this chapter. (2) In addition to duties otherwise prescribed in this section, it shall be the duty of the secretary of state: (a) To prescribe forms for statements and other information required to be filed by this act, and to furnish such forms and instruction manual to persons required to file such statements and information; (b) To make statements and other information filed with him available for public inspection and copying during regular office hours, and to make copying facilities available at a charge not to exceed actual cost; (c) To preserve such statements and other information for a period of four (4) years from date of receipt; (d) With respect to statewide, legislative, and judicial district offices and measures, to make investigations of statements filed under the provisions of this chapter, and with respect to alleged failures to file any statement required under the provisions of this chapter, and upon complaint by any person with respect to alleged violations of any part of this chapter; (e) To report suspected violations of law to the appropriate law enforcement authorities; (f) To prescribe and publish rules in accordance with the provisions of chapter 52, title 67 , Idaho Code, and to take such other actions as may be appropriate to carry out the provisions of this chapter; (g) To require and prescribe methods for the filing of reports in an online database established by the secretary of state’s office for the filing and publication of all reports required pursuant to this chapter. The online database shall accommodate the filings of all state and local government candidates, political committees, measures, and lobbyists. The online database shall be accessible on the secretary of state’s website and be searchable by the public by address, candidate, committee, contribution, contributor, date, expense, office, party, purpose, and any other content deemed appropriate by the secretary of state. The secretary of state may, on an individual basis, grant a hardship waiver and accept a report required by this chapter in another format specified by the secretary of state, which will be entered into the online database by the secretary of state within three (3) days of filing. (3) It shall be the duty of the county clerk with respect to all local government offices or measures for which the county is the home county, as defined in section 34-1401 , Idaho Code, to make investigations of statements required to be filed under this chapter of alleged failures to file any required statement and of any complaint filed by any person of an alleged violation of any part of this chapter with respect to local government offices or measures in the county. The county clerk shall report any

67-6624

TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 66 ELECTION CAMPAIGN CONTRIBUTIONS AND EXPENDITURES 67-6624. Statements to be certified. All statements required to be filed with the secretary of state under this act shall be signed and certified as true and correct by the person required to file the same. Electronic signatures and certifications shall be governed by the uniform electronic transactions act, chapter 50, title 28 , Idaho Code. History: [67-6624, added Init. Measure 1974, No. 1, sec. 24; am. 2017, ch. 142, sec. 3, p. 337.]

67-6625

TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 66 ELECTION CAMPAIGN CONTRIBUTIONS AND EXPENDITURES 67-6625. Violations — Civil fine — Misdemeanor penalty — Prosecution — Limitation — Venue. (1) Any person who violates the provisions of sections 67-6603 , 67-6604 , 67-6606 through 67-6614A , 67-6624 , 67-6627 or 67-6628 , Idaho Code, shall be liable for a civil fine not to exceed two hundred fifty dollars ($250)ifanindividual,andnotmorethantwothousandfivehundreddollars($2,500) if a person other than an individual. The burden of proof for such civil liability shall be met by showing a preponderance of the evidence. (2) Any person who violates section 67-6605 , Idaho Code, and any person who knowingly and willfully violates sections 67-6603 through 67-6614A , 67-6624 , 67-6627 or 67-6628 , Idaho Code, is guilty of a misdemeanor and, upon conviction, in addition to the fines set forth in subsection (1) of this section, may be imprisoned for not more than six (6) months or be both fined and imprisoned. (3) The attorney general or the appropriate prosecuting attorney may prosecute any violations of this chapter. (4) Prosecution for a civil or misdemeanor violation of this chapter must be commenced within two (2) years after the date on which the violation occurred. Prosecution for a felony violation of this chapter must be commenced pursuant to the provisions of section 19-402 , Idaho Code. (5) Venue for prosecution under the provisions of this chapter shall be in the county of residence of the defendant if the defendant is a resident of the state of Idaho, otherwise venue shall be in Ada county. History: [67-6625, added Init. Measure 1974, No. 1, sec. 25; am. 1976, ch. 227, sec. 1, p. 812; am. 1977, ch. 169, sec. 1, p. 434; am. 1978, ch. 43, sec. 1, p. 77; am. 1997, ch. 393, sec. 6, p. 1254; am. 2001, ch. 106, sec. 2, p. 350; am. 2005, ch. 254, sec. 3, p. 780; am. 2017, ch. 142, sec. 4, p. 338; am. 2021, ch. 237, sec. 2, p. 727; am. 2025, ch. 280, sec. 12, p. 1198.]

67-6625A

TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 66 ELECTION CAMPAIGN CONTRIBUTIONS AND EXPENDITURES 67-6625A. Late filing of statement or report — Fees. (1) If any person fails to file a report or statement required under this chapter on or before a specified date, he shall be liable to the secretary of state for deposit in the general fund in the amount of fifty dollars ($50.00) per day beginning forty-eight (48) hours after the deadline until the statement or report is filed. The secretary of state or the county clerk shall notify the person and his treasurer, if any, that a fine has been assessed and will continue to accrue until the report or statement has been filed. The notification shall be made by telephone or electronic means within twenty-four (24) hours of the missed filing deadline. (2) The remedy provided in this section is cumulative and does not exclude any other remedy or penalty prescribed in section 67-6625 , Idaho Code. History: [67-6625A, added 1977, ch. 169, sec. 2, p. 435; am. 1993, ch. 203, sec. 3, p. 559; am. 2019, ch. 288, sec. 16, p. 842.]

67-6626

TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 66 ELECTION CAMPAIGN CONTRIBUTIONS AND EXPENDITURES 67-6626. Injunctions. The district courts of this state shall have original jurisdiction to issue injunctions to enforce the provisions of this chapter upon application by any citizen of this state, by the secretary of state or by the county clerk. The court may in its discretion require the citizen plaintiff to file a written complaint with the secretary of state or county clerk prior to seeking injunctive relief. A successful plaintiff is entitled to be reimbursed for reasonable costs of litigation, including reasonable attorney’s fees, by the person or persons named defendant in said injunctive action. A successful defendant is entitled to be reimbursed for reasonable costs of litigation, including reasonable attorney’s fees, if the court determines that plaintiff’s action was without substantial merit. History: [67-6626, added Init. Measure 1974, No. 1, sec. 26; am. 2019, ch. 288, sec. 17, p. 842.]

67-6627

TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 66 ELECTION CAMPAIGN CONTRIBUTIONS AND EXPENDITURES 67-6627. Persuasive poll concerning candidate must identify person or entity paying for poll. (1) If a person, candidate, political party or political committee requests or compensates a person to: (a) Conduct or cause to be conducted a persuasive poll by telephone concerning a candidate; or (b) Produce automated or computerized messages by telephone to conduct a persuasive poll concerning a candidate. The person conducting the poll shall, at the end of the poll, disclose the name and telephone number of the person, candidate, political party or political committee that requested or compensated the person for the poll. (2) As used in this section, persuasive poll means the canvassing of persons, by means other than an established method of scientific sampling, by asking questions or other information concerning a candidate which is designed to provide information that is designed to advocate the election, approval or defeat of a candidate or measure. The term does not include a poll that is conducted only to measure the public’s opinion about or reaction to an issue, fact or theme. (3) A violation of the provisions of this section shall be punishable as provided in section 67-6625 , Idaho Code. History: [(67-6627) 67-6629, added 2000, ch. 153, sec. 1, p. 389; am. 2001, ch. 106, sec. 1, p. 349; am. and redesig. 2017, ch. 142, sec. 7, p. 338.]

67-6628

TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 66 ELECTION CAMPAIGN CONTRIBUTIONS AND EXPENDITURES 67-6628. Electioneering communications — Statements. (1) Any person who conducts or transmits any electioneering communication shall be required to file a statement on a form provided by the secretary of state. Contents of the statement shall include the amount spent on such communications, the name and address of the person, and the names and addresses of any persons who contribute fifty dollars ($50.00)ormoretoanypersondescribedinthissection.(2)Anypersonthatincurscostsinexcessofonehundreddollars($100) when making an electioneering communication shall file a statement in accordance with the time limits established by section 67-6611 (2), Idaho Code. (3) In addition to the requirements of subsection (2) of this section, any person that incurs costs of one thousand dollars ($1,000) or more when making an electioneering communication shall file a statement as provided in subsection (1) of this section within forty-eight (48) hours of incurring the costs for such communication. History: [(67-6628) 67-6630, added 2005, ch. 254, sec. 2, p. 780; am. and redesig. 2017, ch. 142, sec. 8, p. 339.]

67-6628A

TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 66 ELECTION CAMPAIGN CONTRIBUTIONS AND EXPENDITURES 67-6628A. electioneering communications — use of synthetic media. (1) This section shall be known and may be cited as the Freedom From AI-Rigged (FAIR) Elections Act. (2) For purposes of this section: (a) Information content provider means any person or entity that is responsible, in whole or in part, for the creation or development of information provided through the internet or any other interactive computer service. (b) Interactive computer service means any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the internet and such systems operated or services offered by libraries or educational institutions. (c) Synthetic media means an audio recording or a video recording of an individual’s speech or conduct that has been created through the use of generative adversarial network techniques or other digital technology in a manner to create a realistic but false audio or video that: (i) To a reasonable individual is of a real event, action, or speech that did not actually occur in reality; and (ii) Provides a fundamentally different understanding or impression of the event, action, or speech than a reasonable person would have from the unaltered, original version of the audio recording or video recording. (3) A candidate whose action or speech is deceptively represented through the use of synthetic media in an electioneering communication may seek injunctive or other equitable relief prohibiting the publication of such synthetic media. (4) A candidate whose action or speech is deceptively represented through the use of synthetic media in an electioneering communication may bring an action for general damages, special damages, or both against the information content provider. The court may also award a prevailing party reasonable attorney’s fees and costs. The provisions of this subsection do not limit or preclude a plaintiff from securing or recovering any other available remedy. (5) It shall be an affirmative defense for any action brought pursuant to this section that the electioneering communication containing synthetic media includes a disclosure stating, This (video/audio) has been manipulated in the following manner: (a) If the media is a video, the text of the disclosure must be prominently displayed and appear in a size easily readable by the average viewer, and the disclosure must appear for the duration of the video; or (b) If the media consists of audio only, the disclosure must be read in a clearly spoken manner and in a pitch that can be easily heard by the average listener at the beginning of the audio, at the end of the audio, and, if the audio is greater than two (2) minutes in length, interspersed within the audio at intervals of no more than two (2) minutes each. (6) In any

67-6629

TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 66 ELECTION CAMPAIGN CONTRIBUTIONS AND EXPENDITURES 67-6629. Severability. If any provisions of this act or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected. History: [(67-6629) 67-6627, added Init. Measure 1974, No. 1, sec. 27; am. and redesig. 2017, ch. 142, sec. 5, p. 338.]

67-6630

TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 66 ELECTION CAMPAIGN CONTRIBUTIONS AND EXPENDITURES 67-6630. Construction. The provisions of this act are to be liberally construed to effectuate the policies and purposes of this act. In the event of conflict between the provisions of this act and any other act, the provisions of this act shall govern. History: [(67-6630) 67-6628, added Init. Measure 1974, No. 1, sec. 28; am. and redesig. 2017, ch. 142, sec. 6, p. 338.]