CAMPAIGN FINANCE – Amends, repeals, and adds to existing law to provide for campaign finance transparency.

LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
SENATE
SENATE
BILL
NO.
1422
BY
STATE
AFFAIRS
COMMITTEE
AN
ACT
1
RELATING
TO
CAMPAIGN
FINANCE;
AMENDING
TITLE
74,
IDAHO
CODE,
BY
THE
AD
-
2
DITION
OF
A
NEW
CHAPTER
3,
TITLE
74,
IDAHO
CODE,
TO
PROVIDE
A
CHAPTER
3
HEADING;
AMENDING
CHAPTER
3,
TITLE
74,
IDAHO
CODE,
BY
THE
ADDITION
OF
A
4
NEW
PART
1,
CHAPTER
3,
TITLE
74,
IDAHO
CODE,
TO
PROVIDE
FOR
THE
PURPOSE
5
OF
THE
CHAPTER,
TO
DEFINE
TERMS,
TO
PROHIBIT
FOREIGN
CONTRIBUTIONS,
6
FOREIGN
INDEPENDENT
EXPENDITURES,
AND
FOREIGN
ELECTIONEERING
COMMU
-
7
NICATIONS,
TO
PROVIDE
FOR
COMMERCIAL
RECORDKEEPING,
TO
PROVIDE
THAT
8
CERTAIN
REPORTS
BE
CERTIFIED
BY
THE
SECRETARY
OF
STATE,
TO
PROVIDE
FOR
9
THE
IDENTIFICATION
OF
THE
SOURCE
OF
CONTRIBUTIONS
AND
EXPENDITURES,
AND
10
TO
PROVIDE
THAT
POLLS
CONCERNING
A
CANDIDATE
OR
MEASURE
MUST
IDENTIFY
1
1
THE
PERSON
OR
ENTITY
PAYING
FOR
THE
POLL;
AMENDING
CHAPTER
3,
TITLE
74,
12
IDAHO
CODE,
BY
THE
ADDITION
OF
A
NEW
PART
2,
CHAPTER
3,
TITLE
74,
IDAHO
13
CODE,
TO
ESTABLISH
PROVISIONS
REGARDING
CANDIDATES
AND
A
CAMPAIGN
FI
-
14
NANCE
ACCOUNT,
TO
PROVIDE
FOR
THE
APPOINTMENT
OF
A
POLITICAL
TREASURER
15
FOR
CANDIDATES,
TO
PROVIDE
FOR
THE
DUTIES
OF
A
POLITICAL
TREASURER
FOR
16
CANDIDATES,
TO
PROVIDE
FOR
THE
IDENTIFICATION
OF
THE
SOURCE
OF
CONTRI
-
17
BUTIONS
AND
EXPENDITURES
BY
CANDIDATES,
TO
PROVIDE
FOR
REPORTS
OF
CON
-
18
TRIBUTIONS
TO
AND
EXPENDITURES
BY
CANDIDATES,
TO
PROVIDE
LIMITATIONS
19
ON
CONTRIBUTIONS
TO
CANDIDATES,
TO
PROHIBIT
CANDIDATE
COORDINATION
TO
20
BENEFIT
FROM
AN
INDEPENDENT
EXPENDITURE,
TO
PROVIDE
FOR
THE
RETIRING
21
OF
DEBT,
TO
PROVIDE
FOR
THE
USE
OF
CONTRIBUTED
AMOUNTS
FOR
CERTAIN
PUR
-
22
POSES,
AND
TO
PROVIDE
FOR
THE
USE
OF
SYNTHETIC
MEDIA;
AMENDING
CHAPTER
23
3,
TITLE
74,
IDAHO
CODE,
BY
THE
ADDITION
OF
A
NEW
PART
3,
CHAPTER
3,
TITLE
24
74,
IDAHO
CODE,
TO
PROVIDE
FOR
POLITICAL
ACTION
COMMITTEE
ORGANIZATION,
25
TO
PROVIDE
FOR
THE
APPOINTMENT
OF
A
POLITICAL
TREASURER
FOR
POLITICAL
26
ACTION
COMMITTEES,
TO
PROVIDE
FOR
THE
DUTIES
OF
A
POLITICAL
TREASURER
27
FOR
POLITICAL
ACTION
COMMITTEES,
TO
PROVIDE
FOR
CONTRIBUTIONS
OBTAINED
28
BY
POLITICAL
ACTION
COMMITTEES,
TO
PROVIDE
FOR
THE
USE
OF
CONTRIBUTED
29
AMOUNTS
FOR
CERTAIN
PURPOSES,
TO
PROVIDE
FOR
REPORTS
OF
CONTRIBUTIONS
30
TO
AND
EXPENDITURES
BY
POLITICAL
ACTION
COMMITTEES,
TO
PROHIBIT
PO
-
31
LITICAL
ACTION
COMMITTEE
COORDINATION
WITH
A
CANDIDATE,
TO
PROVIDE
32
FOR
CERTAIN
REPORTS
FOR
ELECTIONEERING
COMMUNICATIONS,
TO
PROVIDE
FOR
33
REPORTS
OF
INDEPENDENT
EXPENDITURES
BY
POLITICAL
ACTION
COMMITTEES,
34
AND
TO
PROVIDE
FOR
REPORTS
OF
MEASURE
EXPENDITURES
BY
POLITICAL
ACTION
35
COMMITTEES;
AMENDING
CHAPTER
3,
TITLE
74,
IDAHO
CODE,
BY
THE
ADDITION
36
OF
A
NEW
PART
4,
CHAPTER
3,
TITLE
74,
IDAHO
CODE,
TO
PROVIDE
LEGISLATIVE
37
INTENT,
TO
PROVIDE
FOR
CONTRIBUTIONS,
REPORTS,
AND
LIMITS
FOR
POLITICAL
38
PARTY
COMMITTEES
AND
CAUCUSES,
TO
PROVIDE
FOR
CERTAIN
REPORTS
FOR
ELEC
-
39
TIONEERING
COMMUNICATIONS,
TO
PROVIDE
FOR
INDEPENDENT
EXPENDITURES,
40
AND
TO
PROVIDE
FOR
MEASURE
EXPENDITURES;
AMENDING
CHAPTER
3,
TITLE
74,
41
IDAHO
CODE,
BY
THE
ADDITION
OF
A
NEW
PART
5,
CHAPTER
3,
TITLE
74,
IDAHO
42
CODE,
TO
PROVIDE
FOR
THE
DUTIES
OF
THE
SECRETARY
OF
STATE,
TO
PROVIDE
43
FOR
THE
DUTIES
OF
COUNTY
CLERKS
AND
PROSECUTORS,
TO
PROVIDE
FOR
VIOLA
-
44
TIONS
AND
FINES,
TO
PROVIDE
FOR
LATE
FILINGS
AND
FEES,
TO
PROVIDE
FOR
45

2
OTHER
VIOLATIONS,
TO
PROVIDE
FOR
THE
ENFORCEMENT
OF
CIVIL
FINES
AND
LATE
1
FEES,
TO
PROVIDE
FOR
PROSECUTION,
LIMITATIONS,
AND
VENUE,
TO
PROVIDE
2
FOR
INJUNCTIONS,
TO
PROVIDE
SEVERABILITY,
AND
TO
PROVIDE
FOR
CONSTRUC
-
3
TION;
AMENDING
CHAPTER
18,
TITLE
34,
IDAHO
CODE,
BY
THE
ADDITION
OF
A
NEW
4
SECTION
34
-
1807A,
IDAHO
CODE,
TO
PROVIDE
FOR
THE
DISCLOSURE
OF
PAYMENTS
5
MADE
TO
SIGNATURE
GATHERERS;
AMENDING
SECTION
19
-
5904,
IDAHO
CODE,
TO
6
PROVIDE
A
CORRECT
CODE
REFERENCE;
AMENDING
SECTION
19
-
6004,
IDAHO
CODE,
7
TO
PROVIDE
A
CORRECT
CODE
REFERENCE;
AMENDING
SECTION
44
-
2602,
IDAHO
8
CODE,
TO
PROVIDE
CORRECT
CODE
REFERENCES;
AMENDING
SECTION
44
-
2605,
9
IDAHO
CODE,
TO
PROVIDE
CORRECT
CODE
REFERENCES;
AMENDING
SECTION
10
50
-
2006,
IDAHO
CODE,
TO
PROVIDE
A
CORRECT
CODE
REFERENCE;
AMENDING
SEC
-
1
1
TION
67
-
5282,
IDAHO
CODE,
TO
PROVIDE
A
CORRECT
CODE
REFERENCE;
AMENDING
12
SECTION
72
-
1503,
IDAHO
CODE,
TO
PROVIDE
A
CORRECT
CODE
REFERENCE;
RE
-
13
PEALING
CHAPTER
66,
TITLE
67,
IDAHO
CODE,
RELATING
TO
ELECTION
CAMPAIGN
14
CONTRIBUTIONS
AND
EXPENDITURES;
PROVIDING
APPLICABILITY;
AND
DECLAR
-
15
ING
AN
EMERGENCY
AND
PROVIDING
AN
EFFECTIVE
DATE.
16
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
17
SECTION
1.
That
Title
74,
Idaho
Code,
be,
and
the
same
is
hereby
amended
18
by
the
addition
thereto
of
a
NEW
CHAPTER
,
to
be
known
and
designated
as
Chap
-
19
ter
3,
Title
74,
Idaho
Code,
and
to
read
as
follows:
20
CHAPTER
3
21
CAMPAIGN
FINANCE
TRANSPARENCY
22
SECTION
2.
That
Chapter
3,
Title
74,
Idaho
Code,
be,
and
the
same
is
23
hereby
amended
by
the
addition
thereto
of
a
NEW
PART
,
to
be
known
and
desig
-
24
nated
as
Part
1,
Chapter
3,
Title
74,
Idaho
Code,
and
to
read
as
follows:
25
PART
1
26
PROVISIONS
OF
GENERAL
APPLICATION
27
74
-
3
-
101.
PURPOSE
OF
CHAPTER.
The
purpose
of
this
chapter
is:
28
(1)
To
promote
openness
and
public
confidence
in
government;
and
29
(2)
To
promote
transparency
by
those
giving
financial
support
to
elec
-
30
tion
campaigns
and
to
persons
advocating
for
or
against
candidates
or
ballot
31
measures.
32
74
-
3
-
102.
DEFINITIONS.
As
used
in
this
chapter,
the
following
terms
33
have
the
following
meanings:
34
(1)
"Candidate"
means
an
individual
who
seeks
nomination,
election,
35
or
reelection
to
public
office
in
Idaho
and
includes
individuals
seeking
36
statewide,
judicial,
legislative,
or
local
government
office.
For
the
37
purposes
of
this
chapter,
"candidate"
does
not
include
individuals
seek
-
38
ing
nomination,
election,
or
reelection
to
federal
office
or
the
office
of
39
precinct
committeeman.
40
(2)
"Contribution"
includes
any
advance,
conveyance,
forgiveness
of
41
indebtedness,
deposit,
distribution,
loan,
gift,
pledge,
subscription,
or
42
transfer
of
money
or
anything
of
value,
any
contract,
agreement,
and
promise
43
or
other
obligation,
whether
or
not
legally
enforceable,
and
any
payment,
44

3
whether
by
cash,
check,
or
electronic
transfer,
to
make
a
contribution
in
1
support
of
or
in
opposition
to
any
candidate,
political
action
committee,
2
or
measure.
Such
term
also
includes
personal
funds
or
other
property
of
a
3
candidate
or
members
of
his
household
expended
or
transferred
to
cover
ex
-
4
penditures
incurred
in
support
of
such
candidate
but
does
not
include
per
-
5
sonal
funds
used
to
pay
the
candidate
filing
fee.
Such
term
also
includes
6
the
rendering
of
personal
and
professional
services
for
less
than
full
con
-
7
sideration
but
does
not
include
ordinary
home
hospitality
or
the
rendering
8
of
part
-
time
services
of
the
sort
commonly
performed
by
volunteer
campaign
9
workers
or
advisors
or
incidental
expenses
not
in
excess
of
twenty
-
five
dol
-
10
lars
($25.00)
personally
paid
for
by
any
volunteer
campaign
worker.
"Part
-
1
1
time
services,"
for
the
purposes
of
this
definition,
means
services
in
addi
-
12
tion
to
regular
full
-
time
employment,
or,
in
the
case
of
an
unemployed
person
13
or
persons
engaged
in
part
-
time
employment,
services
rendered
without
com
-
14
pensation
or
reimbursement
of
expenses
from
any
source
other
than
the
candi
-
15
date
or
political
action
committee
for
whom
such
services
are
rendered.
For
16
the
purposes
of
this
chapter,
contributions
other
than
money
or
its
equiva
-
17
lent
shall
be
deemed
to
have
a
monetary
value
equivalent
to
the
fair
market
18
value
of
the
contribution.
19
(3)
"Earmark"
or
"earmarked"
means
a
designation,
instruction,
or
en
-
20
cumbrance,
whether
directly
or
indirectly,
express
or
implied,
oral
or
writ
-
21
ten,
that
results
in
all
or
any
part
of
a
contribution
being
used
to
make
22
a
contribution,
independent
expenditure,
electioneering
communication,
or
23
measure
expenditure.
A
donor's
authorization
for
a
commercial
payment
pro
-
24
cessor,
whose
usual
and
normal
business
is
to
process
payments,
to
transmit
25
funds
from
the
donor
to
a
nonprofit
corporation,
association,
or
other
or
-
26
ganization
in
the
commercial
payment
processor's
ordinary
course
of
busi
-
27
ness
does
not
in
itself
constitute
an
earmark.
28
(4)
"Election"
means
any
state
or
local
general,
special,
recall,
or
29
primary
election.
30
(5)
"Election
campaign"
means
any
campaign
in
support
of
or
in
opposi
-
31
tion
to
a
candidate
for
election
to
public
office
and
any
campaign
in
support
32
of
or
in
opposition
to
a
measure.
33
(6)(a)
"Electioneering
communication"
means
any
paid
public
communi
-
34
cation
that:
35
(i)
Unambiguously
refers
to
any
candidate;
36
(ii)
Is
broadcast,
printed,
mailed,
delivered,
made,
dis
-
37
tributed,
or
disseminated
to
a
recipient
by
telephone,
in
a
digi
-
38
tal
format
online,
or
by
other
electronic
means
during
the
thirty
39
(30)
day
period
before
a
primary
election
or
the
sixty
(60)
day
40
period
before
a
general
election;
and
41
(iii)
Is
directed
to
an
audience
that
includes
members
of
the
elec
-
42
torate
for
the
candidate's
public
office.
43
(b)
An
electioneering
communication
does
not
include:
44
(i)
Any
news
articles,
editorial
endorsements,
opinion
or
com
-
45
mentary,
writings,
or
letters
to
the
editor
printed
in
a
newspa
-
46
per,
magazine,
or
other
periodical
not
owned
or
controlled
by
a
47
candidate,
political
action
committee,
or
political
party;
48
(ii)
Media
appearances
by
a
candidate
on
television,
radio
shows,
49
podcasts,
or
any
other
type
of
digital
media
not
owned
or
con
-
50

4
trolled
by
a
candidate,
political
action
committee,
or
political
1
party;
2
(iii)
Any
editorial
endorsements
or
opinions
aired
by
a
broadcast
3
facility
not
owned
or
controlled
by
a
candidate,
political
action
4
committee,
or
political
party;
5
(iv)
Any
communication
by
persons
made
in
the
regular
course
and
6
scope
of
their
business
or
any
communication
made
by
a
membership
7
organization
solely
to
members
of
such
organization
and
their
fam
-
8
ilies;
9
(v)
Any
communication
that
refers
to
any
candidate
only
as
part
of
10
the
popular
name
of
a
bill
or
statute;
or
1
1
(vi)
A
communication
that
constitutes
an
expenditure
by
a
candi
-
12
date
or
political
action
committee
or
an
independent
expenditure
13
that
is
otherwise
reported
under
this
chapter.
14
(7)
"Employee"
means
an
individual
who
performs
a
service
for
wages
or
15
other
compensation
from
which
the
individual's
employer
withholds
federal
16
employment
taxes
under
a
contract
for
hire,
written
or
oral.
17
(8)
"Expenditure"
includes
any
payment,
contribution,
subscription,
18
distribution,
loan,
advance,
deposit,
or
gift
of
money
or
anything
of
value
19
and
includes
a
contract,
promise,
or
agreement,
whether
or
not
legally
en
-
20
forceable,
to
make
an
expenditure.
The
term
"expenditure"
also
includes
a
21
promise
to
pay,
a
payment
or
a
transfer
of
anything
of
value
in
exchange
for
22
goods,
services,
property,
facilities,
or
anything
of
value
for
the
purpose
23
of
assisting,
benefiting,
or
honoring
any
public
official
or
candidate,
or
24
assisting
in
furthering
or
opposing
any
election
campaign.
For
the
purpose
25
of
determining
when
an
expenditure
report
should
be
filed
under
this
chap
-
26
ter,
an
expenditure
is
made
on
the
day
that
the
communication
paid
for
with
27
the
expenditure
is
publicly
distributed
or
otherwise
viewed
by
the
public
or
28
on
the
date
payment
is
made,
whichever
is
earlier.
29
(9)(a)
"Independent
expenditure"
means
any
expenditure
by
a
person
30
for
a
communication
expressly
advocating
the
election
or
defeat
of
a
31
clearly
identified
candidate
that
is
not
made
in
coordination
with
the
32
candidate.
33
(b)
As
used
in
this
subsection,
"expressly
advocating"
means
any
com
-
34
munication
containing
a
message
advocating
the
election
or
defeat
of
a
35
candidate
by
using
the
name
of
the
candidate
and
using
phrases
includ
-
36
ing
but
not
limited
to
"vote
for,"
"elect,"
"support,"
"cast
your
ballot
37
for,"
"vote
against,"
"defeat,"
or
"reject."
38
(c)
For
the
purpose
of
determining
whether
an
expenditure
is
made
in
39
coordination
with
a
candidate
or
political
action
committee,
the
term
40
"coordination"
means
and
includes
but
is
not
limited
to
an
expenditure
41
made
with
the
cooperation
of,
with
the
prior
consent
or
knowledge
of,
in
42
consultation
with,
or
at
the
request
or
suggestion
of,
or
using
nonpub
-
43
lic
information
obtained
from,
a
candidate
or
the
candidate's
agent
or
44
paid
or
unpaid
staff
or
volunteer,
a
person
acting
on
behalf
of
a
can
-
45
didate,
or
a
person
acting
as
a
conduit
for
messages
to
or
from
a
candi
-
46
date's
campaign.
47
(10)
"Indirectly"
means
making
a
contribution
or
payment
to
a
person
48
with
a
designation,
instruction,
or
encumbrance,
whether
direct
or
indi
-
49
rect,
express
or
implied,
oral
or
written,
or
involving
intermediaries
or
50

5
conduits,
that
results
in
all
or
any
part
of
the
contribution
or
payment
1
being
used
to
make
a
contribution
to
any
candidate,
political
action
com
-
2
mittee,
or
measure
or
to
make
electioneering
communications
or
independent
3
expenditures.
4
(11)
"Local
government
office"
means
any
publicly
elected
office
for
5
any
political
subdivision
of
the
state
or
special
district
that
is
not
a
leg
-
6
islative,
judicial,
statewide,
or
federal
office.
7
(12)
"Measure"
means
any
proposal
submitted
to
the
people
for
their
ap
-
8
proval
or
rejection
at
a
statewide
or
local
election,
including
any
initia
-
9
tive,
referendum,
recall
election,
or
revision
of
or
amendment
to
the
state
10
constitution.
An
initiative
or
referendum
proposal
shall
be
deemed
a
mea
-
1
1
sure
when
the
attorney
general,
county
prosecutor,
or
city
attorney,
as
ap
-
12
propriate,
reviews
it
and
gives
it
a
ballot
title.
A
recall
shall
be
deemed
13
a
measure
upon
approval
of
the
recall
petition
as
to
form
pursuant
to
section
14
34
-
1704,
Idaho
Code.
15
(13)(a)
"Measure
expenditure"
means
any
expenditure
by
a
person
for
a
16
communication
expressly
advocating
the
passage
or
defeat
of
a
clearly
17
identified
measure.
18
(b)
As
used
in
this
subsection,
"expressly
advocating"
means
any
com
-
19
munication
containing
a
message
advocating
the
passage
or
defeat
of
a
20
measure
by
using
the
name
of
the
measure
and
using
phrases
including
21
but
not
limited
to
"vote
for,"
"support,"
"cast
your
ballot
for,"
"vote
22
against,"
"defeat,"
or
"reject."
23
(14)
"Person"
means
an
individual,
corporation,
association,
firm,
24
partnership,
committee,
political
party,
club,
or
other
organization
or
25
group
of
persons.
26
(15)
"Political
action
committee"
means:
27
(a)
Any
person
specifically
designated
to
support
or
oppose
any
candi
-
28
date
or
measure;
or
29
(b)
Any
person
who
receives
contributions
and
makes
expenditures
in
an
30
amount
exceeding
one
thousand
dollars
($1,000)
in
any
calendar
year
for
31
the
purpose
of
supporting
or
opposing
one
(1)
or
more
candidates
or
mea
-
32
sures.
33
(16)
"Political
treasurer"
means
an
individual
appointed
by
a
candidate
34
as
provided
in
section
74
-
3
-
202,
Idaho
Code,
or
by
a
political
action
commit
-
35
tee
as
provided
in
section
74
-
3
-
302,
Idaho
Code.
36
(17)
"Public
office"
means
any
local,
legislative,
judicial,
or
state
37
office
or
position
that
is
filled
by
election
but
does
not
include
the
office
38
of
precinct
committeeman.
39
74
-
3
-
103.
FOREIGN
CONTRIBUTIONS,
FOREIGN
INDEPENDENT
EXPENDITURES,
40
AND
FOREIGN
ELECTIONEERING
COMMUNICATIONS
PROHIBITED.
(1)
A
foreign
na
-
41
tional
shall
not
make
a
contribution,
directly
or
indirectly,
to
any
42
candidate,
political
action
committee,
or
measure
or
make
electioneering
43
communications
or
independent
expenditures.
44
(2)
As
used
in
this
section,
"foreign
national"
means:
45
(a)
An
individual
who
is
not
a
citizen
of
the
United
States
and
is
not
46
lawfully
admitted
for
permanent
residence;
47
(b)
A
government
or
subdivision
of
a
foreign
country;
48
(c)
A
foreign
political
party;
or
49

6
(d)
Any
entity,
such
as
a
partnership,
association,
corporation,
or
-
1
ganization,
union,
or
other
combination
of
persons,
that
is
organized
2
under
the
laws
of
or
has
its
principal
place
of
business
in
a
foreign
3
country.
4
(3)
A
violation
of
the
provisions
of
this
section
shall
be
prosecuted
5
and
punished
as
provided
in
part
5
of
this
chapter.
However,
any
person
who
6
knowingly
and
willfully
violates
the
provisions
of
this
section
is
guilty
of
7
a
felony
when:
8
(a)
The
aggregate
amount
of
contributions,
independent
expenditures,
9
or
cost
of
electioneering
communications
made
in
violation
of
this
sec
-
10
tion
exceeds
one
thousand
dollars
($1,000)
in
a
consecutive
twelve
(12)
1
1
month
period;
or
12
(b)
The
person
pleads
guilty
to
or
is
found
guilty
of
a
knowing
and
will
-
13
ful
violation
of
the
provisions
of
this
section
for
a
second
time
within
14
ten
(10)
years,
notwithstanding
the
form
of
the
judgment
or
withheld
15
judgment.
16
(4)
If
any
provision
of
this
section
or
its
application
to
any
person
or
17
circumstance
is
held
invalid,
the
remainder
of
the
section
or
the
applica
-
18
tion
of
the
provision
to
other
persons
or
circumstances
is
not
affected.
19
74
-
3
-
104.
COMMERCIAL
RECORDKEEPING.
Each
newspaper,
periodical,
20
broadcasting
station,
direct
mailing
company,
printer,
and
advertising
21
agency
shall
keep
a
current
record
of
any
and
all
obligations
incurred
by
22
a
candidate
or
political
action
committee
and
payments
made
by
a
candidate
23
or
political
action
committee.
Such
records
shall
be
made
available
for
24
inspection
upon
request
by
the
secretary
of
state.
Failure
to
make
such
25
records
available
shall
result
in
a
civil
fine
not
to
exceed
one
thousand
26
dollars
($1,000).
27
74
-
3
-
105.
REPORTS
TO
BE
CERTIFIED.
All
reports
required
to
be
filed
28
with
the
secretary
of
state
under
this
chapter
shall
be
signed
and
certi
-
29
fied
as
true
and
correct
by
the
person
required
to
file
the
same.
Electronic
30
signatures
and
certifications
shall
be
governed
by
the
uniform
electronic
31
transactions
act,
chapter
50,
title
28,
Idaho
Code.
32
74
-
3
-
106.
IDENTIFICATION
OF
SOURCE
OF
CONTRIBUTIONS
AND
EXPENDITURES
33
-
-
COMMUNICATIONS.
(1)
No
contribution
shall
be
made
and
no
expenditure
34
shall
be
incurred,
directly
or
indirectly,
in
a
fictitious
name,
anony
-
35
mously,
or
by
one
(1)
person
through
an
agent,
relative,
or
other
person
in
36
such
a
manner
as
to
conceal
the
identity
of
the
source
of
the
contribution.
37
(2)(a)
To
ensure
the
proper
reporting
and
identification
of
the
source
38
of
expenditures,
any
public
communication
made
that
is
reportable
as
an
39
expenditure
under
this
chapter
shall
clearly
state:
"Paid
for
by
[the
40
official
name
of
the
candidate,
political
action
committee,
or
fil
-
41
ing
entity]"
and
shall
further
state
the
filing
entity
identification
42
number,
if
available,
as
registered
or
reported
with
the
secretary
of
43
state.
44
(b)
The
provisions
of
this
subsection
shall
not
apply
to
campaign
mate
-
45
rials
that
are
being
reused
by
any
candidate
who
has
run
for
public
of
-
46

7
fice
prior
to
2026,
as
long
as
the
person
responsible
for
such
communi
-
1
cations
is
clearly
indicated
on
such
communications.
2
(c)
Failure
to
comply
with
the
provisions
of
this
section
shall
result
3
in
a
civil
fine
payable
to
the
secretary
of
state
in
the
amount
of
fifty
4
dollars
($50.00)
plus
five
percent
(5%)
of
the
monetary
value
of
the
ex
-
5
penditure
being
made,
rounded
up
to
the
nearest
whole
number.
The
sec
-
6
retary
of
state
shall
deposit
any
civil
fines
collected
pursuant
to
this
7
section
to
the
general
fund.
8
74
-
3
-
107.
PERSUASIVE
POLL
CONCERNING
CANDIDATE
OR
MEASURE
MUST
IDEN
-
9
TIFY
PERSON
OR
ENTITY
PAYING
FOR
POLL.
(1)
If
a
person,
candidate,
politi
-
10
cal
party,
or
political
committee
requests
or
compensates
a
person
to
con
-
1
1
duct
or
cause
to
be
conducted
a
persuasive
poll
by
telephone
concerning
a
12
candidate
or
to
produce
automated
or
computerized
messages
by
telephone
to
13
conduct
a
persuasive
poll
concerning
a
candidate,
the
person
conducting
the
14
poll
shall,
at
the
end
of
the
poll,
disclose
the
name
and
telephone
number
15
of
the
person,
candidate,
political
party,
or
political
committee
that
re
-
16
quested
or
compensated
the
person
for
the
poll.
17
(2)
As
used
in
this
section,
"persuasive
poll"
means
the
canvassing
of
18
persons,
by
means
other
than
an
established
method
of
scientific
sampling,
19
by
asking
questions
concerning
a
candidate
that
are
designed
to
provide
in
-
20
formation
to
advocate
for
the
election,
approval,
or
defeat
of
a
candidate
or
21
measure.
The
term
does
not
include
a
poll
that
is
conducted
only
to
measure
22
the
public's
opinion
about
or
reaction
to
an
issue,
fact,
or
theme.
23
(3)
A
violation
of
the
provisions
of
this
section
shall
be
punishable
as
24
provided
in
part
5
of
this
chapter.
25
SECTION
3.
That
Chapter
3,
Title
74,
Idaho
Code,
be,
and
the
same
is
26
hereby
amended
by
the
addition
thereto
of
a
NEW
PART
,
to
be
known
and
desig
-
27
nated
as
Part
2,
Chapter
3,
Title
74,
Idaho
Code,
and
to
read
as
follows:
28
PART
2
29
CANDIDATES
30
74
-
3
-
201.
CANDIDATES
FOR
PUBLIC
OFFICE
-
-
ESTABLISHMENT
OF
CAMPAIGN
31
FINANCE
ACCOUNT.
(1)
A
candidate
shall
be
subject
to
the
requirements
of
this
32
chapter
once
the
candidate
has
taken
any
of
the
following
actions:
33
(a)
Announced
the
individual's
candidacy
publicly;
34
(b)
Established
a
campaign
finance
account
with
the
secretary
of
35
state's
office;
36
(c)
Received
a
contribution
for
the
purpose
of
promoting
the
individ
-
37
ual's
candidacy
for
office;
or
38
(d)
Made
an
expenditure,
contracted
for
services,
or
reserved
space
39
with
the
intent
of
promoting
the
individual's
candidacy
for
office.
40
(2)
For
purposes
of
this
chapter,
an
incumbent
shall
be
presumed
to
be
41
a
candidate
in
the
subsequent
election
for
the
incumbent's
office
until
the
42
incumbent
has
failed
to
file
for
office
by
the
statutory
deadline.
43
(3)
Each
candidate
shall
establish
a
campaign
finance
account
with
the
44
secretary
of
state's
office
as
prescribed
by
the
secretary
of
state.
The
45
candidate
shall
provide
the
full
name
and
address
of
the
candidate,
the
of
-
46

8
fice
being
sought
by
the
candidate,
and
the
name
and
address
of
the
candi
-
1
date's
political
treasurer.
2
74
-
3
-
202.
APPOINTMENT
OF
POLITICAL
TREASURER
FOR
CANDIDATE.
(1)
Each
3
candidate
shall
appoint
a
political
treasurer
who
is
a
registered
elector
of
4
this
state.
The
candidate
shall
certify
the
full
name
and
complete
address
5
of
the
political
treasurer
to
the
secretary
of
state
at
the
time
the
candi
-
6
date
establishes
a
campaign
finance
account
with
the
secretary
of
state's
7
office
or
as
soon
thereafter
as
practicable.
8
(2)
No
contribution
shall
be
received
or
expenditure
made
by
or
on
be
-
9
half
of
a
candidate
until
a
political
treasurer
has
been
appointed
pursuant
10
to
the
provisions
of
this
section.
Contributions
must
be
received
and
expen
-
1
1
ditures
must
be
made
by
or
through
the
candidate's
political
treasurer.
12
(3)
A
candidate
may
appoint
himself
to
serve
as
his
own
political
trea
-
13
surer.
14
(4)
An
individual
may
be
appointed
and
serve
as
political
treasurer
for
15
more
than
one
(1)
candidate
and
political
action
committee.
16
(5)
A
candidate
may
remove
his
political
treasurer.
In
the
case
of
the
17
death,
resignation,
or
removal
of
a
political
treasurer
before
all
obliga
-
18
tions
of
a
political
treasurer
under
this
chapter
have
been
met,
the
candi
-
19
date
shall
appoint
a
successor
political
treasurer
and
certify
the
name
and
20
address
of
the
successor
in
the
manner
provided
in
the
case
of
an
original
ap
-
21
pointment.
22
74
-
3
-
203.
DUTIES
OF
POLITICAL
TREASURER
FOR
CANDIDATE.
(1)
The
polit
-
23
ical
treasurer
or
candidate
shall
serve
as
the
official
point
of
contact
for
24
the
secretary
of
state
for
the
candidate's
campaign.
25
(2)
The
political
treasurer
for
each
candidate
shall
maintain
at
least
26
one
(1)
checking
account
with
a
financial
institution.
All
moneys
received
27
by
the
candidate's
campaign
shall
be
deposited
in
such
account.
The
polit
-
28
ical
treasurer
for
each
candidate
shall
keep
detailed
accounts
of
all
con
-
29
tributions
received
and
all
expenditures
made
by
or
on
behalf
of
the
candi
-
30
date.
The
political
treasurer
shall
keep
the
accounts
current
within
seven
31
(7)
days
after
the
date
of
receiving
a
contribution
or
making
an
expenditure.
32
A
candidate's
campaign
funds
shall
be
segregated
from,
and
may
not
be
commin
-
33
gled
with,
any
other
account.
A
candidate
who
loans
his
campaign
his
own
per
-
34
sonal
funds
must
transfer
those
funds
to
his
campaign
account.
35
(3)
The
political
treasurer
shall
be
responsible
for
making
and
filing
36
all
reports
that
are
required
of
a
candidate
under
this
chapter.
Accounts
37
kept
by
the
political
treasurer
for
a
candidate
are
subject
to
inspection
by
38
the
office
of
the
secretary
of
state
in
the
case
of
an
investigation
pursuant
39
to
section
74
-
3
-
501
or
74
-
3
-
502,
Idaho
Code.
40
(4)
Accounts
kept
by
a
political
treasurer
shall
be
preserved
by
him
for
41
at
least
one
(1)
year
after
the
date
of
the
election
to
which
the
accounts
re
-
42
fer
or
at
least
one
(1)
year
after
the
date
the
last
report
is
filed
under
sec
-
43
tion
74
-
3
-
205,
Idaho
Code,
whichever
is
later.
44
74
-
3
-
204.
IDENTIFICATION
OF
SOURCE
OF
CONTRIBUTIONS
AND
EXPENDITURES
45
-
-
CANDIDATES.
(1)
No
contribution
shall
be
made
and
no
expenditure
shall
be
46
incurred,
directly
or
indirectly,
in
a
fictitious
name,
anonymously,
or
by
47

9
any
person
through
an
agent,
relative,
or
other
person
in
such
a
manner
as
to
1
conceal
the
identity
of
the
source
of
the
contribution.
2
(2)(a)
Any
person
who
contributes
to
a
candidate
shall
accompany
the
3
contribution
with
a
report
of
his
full
name
and
complete
address.
4
(b)
If
a
political
treasurer
is
offered
or
receives
contributions
of
5
more
than
one
hundred
dollars
($100)
in
the
aggregate
from
the
same
per
-
6
son
during
a
calendar
year,
and
there
is
no
report
of
the
full
name
and
7
complete
address
of
the
person
making
the
contribution,
the
contribu
-
8
tion
shall
be
returned
to
the
contributor
if
his
identity
can
be
ascer
-
9
tained.
If
the
contributor's
identity
cannot
be
ascertained,
the
con
-
10
tribution
shall
be
transmitted
immediately
by
the
political
treasurer
1
1
to
the
secretary
of
state,
who
shall
transmit
it
to
the
state
controller
12
for
deposit
in
the
general
fund.
13
(3)
Contributions
shall
not
be
obtained
for
a
candidate's
campaign
by
14
use
of
coercion
or
physical
force,
by
making
a
contribution
a
condition
of
15
employment
or
membership,
or
by
using
or
threatening
to
use
job
discrimina
-
16
tion
or
financial
reprisals.
A
violation
of
the
provisions
of
this
section
17
shall
be
punishable
as
provided
in
part
5
of
this
chapter.
18
74
-
3
-
205.
REPORTS
OF
CONTRIBUTIONS
TO
AND
EXPENDITURES
BY
CANDI
-
19
DATES.
(1)
The
political
treasurer
for
each
candidate
shall
file
with
the
20
secretary
of
state
a
report
of
all
contributions
received
and
all
expen
-
21
ditures
and
encumbrances
made
by
or
on
behalf
of
the
candidate
during
the
22
reporting
period,
beginning
with
the
month
in
which
the
first
contribution,
23
expenditure,
or
encumbrance
took
place.
The
report
shall
itemize
each
24
contribution
received
and
each
expenditure
or
encumbrance
made
during
the
25
reporting
period
and
shall
include
the
following:
26
(a)
Under
contributions,
the
report
shall
include
a
list
of
all
the
con
-
27
tributions
received,
including
any
funds
or
property
of
the
candidate
28
used
to
cover
expenditures.
The
report
shall
list
the
full
name
and
com
-
29
plete
address
of
each
person
who
contributed
an
aggregate
amount
of
more
30
than
one
hundred
dollars
($100)
and
the
amount
contributed
by
that
per
-
31
son.
The
report
may
list
as
a
single
item
the
total
amount
of
contribu
-
32
tions
of
one
hundred
dollars
($100)
or
less;
and
33
(b)
Under
expenditures,
the
report
shall
include
the
name,
city,
and
34
state
of
each
person
to
whom
an
expenditure
or
encumbrance
was
made
of
at
35
least
twenty
-
five
dollars
($25.00)
but
no
more
than
one
hundred
dollars
36
($100)
and
the
amount,
date,
and
purpose
of
each
such
expenditure.
For
37
expenditures
of
more
than
one
hundred
dollars
($100),
the
report
shall
38
include
the
name
and
address
of
each
person
to
whom
an
expenditure
or
en
-
39
cumbrance
was
made
and
the
amount,
date,
and
purpose
of
each
such
expen
-
40
diture.
Each
expenditure
or
encumbrance
in
the
amount
of
twenty
-
five
41
dollars
($25.00)
or
more
shall
be
evidenced
by
an
invoice,
receipt,
or
42
canceled
check
or
an
accurate
copy
thereof.
Such
evidence
shall
not
be
43
filed
with
the
report
but
shall
be
retained
by
the
candidate's
treasurer
44
for
a
period
of
one
(1)
year
after
the
report
has
been
filed.
The
re
-
45
port
may
list
as
a
single
item
the
total
amount
of
expenditures
and
en
-
46
cumbrances
of
less
than
twenty
-
five
dollars
($25.00)
each
without
show
-
47
ing
the
exact
amount
of
or
requiring
evidence
of
each
such
expenditure
48
or
encumbrance.
Anything
of
value,
other
than
money,
paid
for
or
con
-
49

10
tributed
by
any
person
shall
be
listed
both
as
an
expenditure
and
as
a
1
contribution.
2
(2)
Regular
reports
required
by
this
section
shall
be
filed
pursuant
to
3
this
subsection.
4
(a)
In
the
year
in
which
the
candidate's
election
is
to
take
place,
re
-
5
ports
shall
be
filed
on
a
monthly
basis
on
or
before
the
tenth
day
of
the
6
month
following
the
month
being
reported.
Additional
reports
shall
be
7
filed:
8
(i)
Three
(3)
days
before
the
primary
election,
covering
the
pe
-
9
riod
from
the
close
of
the
most
recent
monthly
report
through
seven
10
(7)
days
before
the
primary
election;
and
1
1
(ii)
Three
(3)
days
before
the
general
election,
covering
the
pe
-
12
riod
from
the
close
of
the
most
recent
monthly
report
through
seven
13
(7)
days
before
the
general
election.
14
(b)
In
any
nonelection
year
for
the
candidate,
reports
shall
be
filed
15
on
a
quarterly
basis
and
shall
be
due
on
or
before
the
tenth
day
of
the
16
month
immediately
following
the
close
of
the
quarter,
on
April
10,
July
17
10,
October
10,
and
January
10.
18
(3)
The
political
treasurer
for
a
candidate
for
a
judicial
office
or
a
19
local
government
office
is
exempt
from
filing
reports
under
this
chapter
un
-
20
less
and
until
such
time
as
the
candidate
receives
contributions
or
expends
21
funds
in
the
amount
of
five
hundred
dollars
($500)
or
more.
Within
seven
(7)
22
calendar
days
of
the
five
-
hundred
-
dollar
($500)
threshold
being
met,
the
po
-
23
litical
treasurer
for
the
candidate
shall
file
a
cumulative
report
covering
24
the
period
from
the
first
contribution
or
expenditure
to
the
current
date
and
25
shall
file
all
subsequent
reports
on
a
regular
basis
according
to
the
provi
-
26
sions
of
subsection
(2)
of
this
section,
regardless
of
amounts
received
or
27
expended.
28
(4)
In
addition
to
the
reports
required
pursuant
to
subsections
(2)
and
29
(3)
of
this
section,
the
political
treasurer
for
a
candidate
shall
report
30
to
the
secretary
of
state
any
contribution
received
of
one
thousand
dollars
31
($1,000)
or
more
within
forty
-
eight
(48)
hours
after
the
receipt
of
such
con
-
32
tribution.
Such
a
report
shall
include
the
name
of
the
candidate,
the
iden
-
33
tification
of
the
contributor,
and
the
date
of
receipt
and
amount
of
the
con
-
34
tribution.
35
(5)
All
reports
required
pursuant
to
this
section
shall
be
filed
online
36
with
the
secretary
of
state
by
no
later
than
midnight
on
the
date
the
filing
37
is
due.
38
(6)
If
no
contribution
is
received
or
expenditure
made
by
or
on
behalf
39
of
a
candidate
during
a
monthly
reporting
period,
the
political
treasurer
40
for
the
candidate
shall
file
with
the
secretary
of
state
a
report
to
that
ef
-
41
fect
by
the
tenth
day
of
the
following
month.
42
(7)
Reports
required
to
be
filed
under
the
provisions
of
this
section
43
shall
be
filed
until
the
account
no
longer
shows
any
unexpended
balance
of
44
contributions
or
expenditure
deficit.
Once
an
account
no
longer
shows
a
pos
-
45
itive
balance
or
debt,
the
candidate
may
notify
the
secretary
of
state's
of
-
46
fice
that
the
account
may
be
closed.
If
the
account
has
shown
no
positive
47
balance
or
debt
for
a
period
of
two
(2)
years
and
the
candidate
has
not
re
-
48
quested
account
closure,
the
secretary
of
state
may
administratively
close
49
the
candidate's
account
following
thirty
(30)
days'
notice
to
the
candidate.
50

11
(8)
Candidates
for
federal
office
are
not
required
to
file
contribution
1
and
expenditure
reports
with
the
state
under
this
section.
A
federal
can
-
2
didate's
authorized
committee
may
make
contributions
to
candidates
in
Idaho
3
without
filing
reports
under
this
subsection
if
the
authorized
committee
is
4
in
compliance
with
federal
election
commission
reporting
requirements.
Any
5
contributions
received
pursuant
to
this
section
shall
be
reported
using
the
6
official
name
of
the
candidate's
authorized
committee
and
the
identifica
-
7
tion
number
as
registered
with
the
federal
election
commission.
8
74
-
3
-
206.
LIMITATIONS
ON
CONTRIBUTIONS
TO
CANDIDATES.
9
(1)(a)
Aggregate
contributions
by
any
person
to
a
candidate
for
the
10
state
legislature,
judicial
office,
or
local
government
office
shall
be
1
1
limited
to
no
more
than
one
thousand
five
hundred
dollars
($1,500)
for
12
the
primary
election
and
no
more
than
one
thousand
five
hundred
dollars
13
($1,500)
for
the
general
election.
14
(b)
Aggregate
contributions
for
a
primary
election
or
a
general
elec
-
15
tion
by
any
person
to
a
candidate
for
statewide
office
shall
be
limited
16
to
no
more
than
six
thousand
dollars
($6,000)
for
the
primary
election
17
and
no
more
than
six
thousand
dollars
($6,000)
for
the
general
election.
18
For
purposes
of
this
subsection,
"statewide
office"
shall
mean
an
of
-
19
fice
in
state
government
that
appears
on
the
primary
or
general
election
20
ballot
throughout
the
state.
21
(2)
The
provisions
of
subsection
(1)
of
this
section
shall
not
apply
to
22
political
party
committees,
including
state,
county,
legislative
district,
23
or
regional
central
committees.
Such
committees
are
governed
by
the
provi
-
24
sions
of
section
74
-
3
-
402,
Idaho
Code.
25
(3)
A
candidate
may
not
accept
contributions
for
running
in
a
general
26
election
until
the
candidate
has
won
his
primary
election.
27
(4)
Candidates
may
allocate
only
those
contributions
received
by
the
28
time
the
polls
close
on
election
day
to
that
election.
Contributions
re
-
29
ceived
after
such
time
must
be
allocated
by
the
candidate
to
a
future
elec
-
30
tion.
31
(5)
For
purposes
of
contribution
limits
in
this
section,
recall
and
32
special
elections
shall
be
treated
the
same
as
general
elections.
33
(6)
Contributions
other
than
money
or
its
equivalent
are
deemed
to
have
34
a
monetary
value
equivalent
to
the
fair
market
value
of
the
contribution.
35
Services
or
property
or
rights
furnished
at
less
than
their
fair
market
value
36
for
the
purpose
of
assisting
any
candidate
or
political
action
committee
are
37
deemed
a
contribution.
A
contribution
of
this
kind
shall
be
reported
as
an
38
in
-
kind
contribution
at
its
fair
market
value
and
counts
toward
any
applica
-
39
ble
contribution
limit
of
the
contributor.
Contributions
shall
not
include
40
the
personal
services
of
volunteers.
41
(7)
For
the
purposes
of
contribution
limits,
the
following
provisions
42
apply:
43
(a)
A
contribution
by
a
political
action
committee
with
funds
that
have
44
all
been
contributed
by
one
(1)
person
who
exercises
exclusive
control
45
over
the
distribution
of
the
funds
of
the
political
action
committee
is
46
a
contribution
by
the
controlling
person;
47
(b)
All
contributions
made
by
a
person
or
political
action
committee
48
whose
contribution
or
expenditure
activity
is
financed,
maintained,
or
49

12
controlled
by
a
trade
association,
labor
union,
or
collective
bargain
-
1
ing
organization
shall
be
considered
a
contribution
from
such
trade
as
-
2
sociation,
labor
union,
or
collective
bargaining
organization;
and
3
(c)
Two
(2)
or
more
entities
are
treated
as
a
single
entity
if
the
enti
-
4
ties:
5
(i)
Share
the
majority
of
members
on
their
board
of
directors;
6
(ii)
Share
two
(2)
or
more
officers;
7
(iii)
Are
owned
or
controlled
by
the
same
majority
shareholder
or
8
shareholders
or
persons;
9
(iv)
Are
in
a
parent
-
subsidiary
relationship;
or
10
(v)
Have
bylaws
so
stating.
1
1
(8)
The
contribution
limits
provided
for
in
this
section
shall
not
ap
-
12
ply
to
a
candidate
contributing
or
loaning
money
to
his
own
campaign
account.
13
(9)
A
candidate
for
state
legislative
office
may
terminate
his
campaign
14
account
and
transfer
the
balance
of
funds
to
a
new
campaign
account
if
such
15
candidate
will
campaign
for
a
different
state
legislative
office.
Any
con
-
16
tributions
received
in
the
candidate's
closed
account,
combined
with
any
17
contributions
received
in
the
candidate's
new
account,
shall
count
against
18
the
contribution
limits
provided
in
this
section
when
received
from
the
same
19
contributor
for
the
same
election
date.
20
(10)
The
provisions
of
this
section
are
hereby
declared
to
be
severable
21
and
if
any
provision
of
this
section
or
the
application
of
such
provision
to
22
any
person
or
circumstance
is
declared
invalid
for
any
reason,
such
declara
-
23
tion
shall
not
affect
the
validity
of
the
remaining
portions
of
this
section.
24
74
-
3
-
207.
CANDIDATE
COORDINATION
PROHIBITED.
(1)
A
candidate
may
not
25
coordinate
with
another
person
to
benefit
from
an
independent
expenditure,
26
as
defined
in
section
74
-
3
-
102,
Idaho
Code.
27
(2)
If
an
expenditure
is
made
in
coordination
with
a
candidate,
it
shall
28
be
considered
a
contribution
in
-
kind
to
the
candidate
and
shall
be
reported
29
by
the
candidate
and
be
included
in
the
candidate's
campaign
contribution
30
limits.
31
(3)
An
expenditure
by
a
person
that
is
not
made
in
coordination
with
a
32
candidate
is
not
attributed
to
or
reportable
by
a
candidate
and
must
be
re
-
33
ported
by
the
person
making
the
independent
expenditure
pursuant
to
the
pro
-
34
visions
of
section
74
-
3
-
404,
Idaho
Code.
35
(4)
For
the
purpose
of
determining
whether
an
expenditure
is
made
in
co
-
36
ordination
with
a
candidate,
the
term
"coordination"
means
and
includes
but
37
is
not
limited
to
an
expenditure
made
with
the
cooperation
of,
with
the
prior
38
consent
or
knowledge
of,
in
consultation
with,
at
the
request
or
suggestion
39
of,
or
using
nonpublic
information
obtained
from
a
candidate
or
the
candi
-
40
date's
agent
or
paid
or
unpaid
staff
or
volunteer
or
any
person
acting
as
a
41
conduit
for
messages
to
or
from
the
candidate's
campaign.
Coordination
is
42
presumed
if
a
candidate
benefiting
from
an
independent
expenditure
by
a
po
-
43
litical
action
committee
is
also
the
treasurer
or
any
other
board
member
of
44
that
political
action
committee.
45
74
-
3
-
208.
RETIRING
DEBT.
(1)
If
a
candidate
has
unpaid
debt
at
the
end
46
of
the
reporting
periods
specified
in
section
74
-
3
-
205,
Idaho
Code,
then
the
47
candidate
may
accept
additional
contributions
to
retire
such
unpaid
debt,
48

13
provided
the
contributions
do
not
exceed
the
applicable
contribution
limits
1
prescribed
in
this
chapter.
2
(2)
For
the
purposes
of
this
section,
"unpaid
debt"
means
any
unpaid
3
monetary
obligation
incurred
by
the
candidate
as
listed
on
the
reports
filed
4
through
the
postelection
report
period
minus
any
cash
balance
reported
on
5
the
postelection
report.
Outstanding
loans
are
considered
a
type
of
unpaid
6
debt.
7
74
-
3
-
209.
USE
OF
CONTRIBUTED
AMOUNTS
FOR
CERTAIN
PURPOSES.
(1)
A
con
-
8
tribution
accepted
by
a
candidate
may
be
used
by
the
candidate:
9
(a)
For
expenditures
in
connection
with
the
candidate's
campaign
for
10
public
office;
1
1
(b)
For
ordinary
and
necessary
expenses
incurred
in
connection
with
du
-
12
ties
of
the
individual
as
a
public
officeholder;
13
(c)
For
donations
to
an
organization
described
in
26
U.S.C.
170(c);
14
(d)
For
transfers,
without
limitation,
to
a
national,
state,
or
local
15
committee
of
a
political
party;
16
(e)
For
contributions
to
state
and
local
candidates
subject
to
the
pro
-
17
visions
of
state
law;
or
18
(f)
For
any
other
lawful
purpose
unless
prohibited
by
subsection
(2)
of
19
this
section.
20
(2)
A
contribution
shall
not
be
converted
by
any
person
to
personal
use.
21
For
the
purposes
of
this
subsection,
a
contribution
shall
be
considered
to
be
22
converted
to
personal
use
if
the
contribution
is
used
to
fulfill
any
commit
-
23
ment,
obligation,
or
expense
of
a
person
that
would
exist
irrespective
of
the
24
candidate's
election
campaign
or
individual's
duties
as
a
holder
of
public
25
office,
including:
26
(a)
Mortgage,
rent,
or
utility
payments
for
a
candidate's
residence;
27
(b)
Clothing,
except
for
items
of
de
minimis
value
used
in
a
campaign;
28
(c)
A
noncampaign
-
or
nonofficeholder
-
related
automobile
expense;
29
(d)
A
country
club
membership;
30
(e)
A
vacation
or
other
noncampaign
-
related
trip;
31
(f)
A
tuition
payment;
32
(g)
Admission
to
a
sporting
event,
concert,
theater,
or
other
form
of
33
entertainment
not
associated
with
the
candidate's
campaign;
34
(h)
Dues,
fees,
and
other
payments
to
a
health
club
or
recreational
fa
-
35
cility,
except
for
fees
associated
with
a
campaign
fundraising
event
on
36
the
premises;
37
(i)
Funeral,
cremation,
or
burial
expenses,
except
if
the
death
arises
38
out
of
or
in
the
course
of
campaign
activity;
39
(j)
Investment
expenses;
40
(k)
Salary
payments
to
a
candidate's
immediate
family
member,
unless
41
the
family
member
is
providing
bona
fide
services
and
paid
at
a
fair
mar
-
42
ket
value;
and
43
(l)
Food
purchased
for
daily
consumption
inside
the
home
or
supplies
44
needed
to
maintain
a
household.
45
74
-
3
-
210.
USE
OF
SYNTHETIC
MEDIA.
(1)
This
section
shall
be
known
and
46
may
be
cited
as
the
"Freedom
from
AI
-
Rigged
(FAIR)
Elections
Act."
47
(2)
For
purposes
of
this
section:
48

14
(a)
"Information
content
provider"
means
any
person
or
entity
that
is
1
responsible,
in
whole
or
in
part,
for
the
creation
or
development
of
in
-
2
formation
provided
through
the
internet
or
any
other
interactive
com
-
3
puter
service.
4
(b)
"Interactive
computer
service"
means
any
information
service,
sys
-
5
tem,
or
access
software
provider
that
provides
or
enables
computer
ac
-
6
cess
by
multiple
users
to
a
computer
server,
including
specifically
a
7
service
or
system
that
provides
access
to
the
internet
and
such
systems
8
operated
or
services
offered
by
libraries
or
educational
institutions.
9
(c)
"Synthetic
media"
means
an
audio
recording
or
a
video
recording
of
10
an
individual's
speech
or
conduct
that
has
been
created
through
the
use
1
1
of
generative
adversarial
network
techniques
or
other
digital
technol
-
12
ogy
in
a
manner
to
create
a
realistic
but
false
audio
or
video
that:
13
(i)
Appears
to
a
reasonable
individual
to
be
of
a
real
event,
ac
-
14
tion,
or
speech
that
did
not
actually
occur
in
reality;
and
15
(ii)
Provides
a
fundamentally
different
understanding
or
impres
-
16
sion
of
the
event,
action,
or
speech
than
a
reasonable
person
would
17
have
from
the
unaltered,
original
version
of
the
audio
recording
18
or
video
recording.
19
(3)
A
candidate
whose
action
or
speech
is
deceptively
represented
20
through
the
use
of
synthetic
media
in
an
electioneering
communication,
ex
-
21
penditure
by
a
candidate,
or
independent
expenditure
may
seek
injunctive
or
22
other
equitable
relief
prohibiting
the
publication
of
such
synthetic
media.
23
(4)
A
candidate
whose
action
or
speech
is
deceptively
represented
24
through
the
use
of
synthetic
media
in
an
electioneering
communication,
ex
-
25
penditure
by
a
candidate,
or
independent
expenditure
may
bring
an
action
for
26
general
damages,
special
damages,
or
both
against
the
information
content
27
provider.
The
court
may
award
a
prevailing
party
reasonable
attorney's
fees
28
and
costs.
The
provisions
of
this
subsection
do
not
limit
or
preclude
a
29
plaintiff
from
securing
or
recovering
any
other
available
remedy.
30
(5)
It
shall
be
an
affirmative
defense
for
any
action
brought
pursuant
31
to
this
section
that
the
electioneering
communication,
expenditure
by
a
32
candidate,
or
independent
expenditure
containing
synthetic
media
includes
33
a
disclosure
stating,
"This
(video/audio)
has
been
manipulated"
in
the
fol
-
34
lowing
manner:
35
(a)
If
the
media
is
a
video,
the
text
of
the
disclosure
must
be
promi
-
36
nently
displayed
and
appear
in
a
size
easily
readable
by
the
average
37
viewer,
and
the
disclosure
must
appear
for
the
duration
of
the
video;
or
38
(b)
If
the
media
consists
of
audio
only,
the
disclosure
must
be
read
in
39
a
clearly
spoken
manner
and
in
a
pitch
that
can
be
easily
heard
by
the
40
average
listener
at
the
beginning
of
the
audio,
at
the
end
of
the
au
-
41
dio,
and,
if
the
audio
is
greater
than
two
(2)
minutes
in
length,
in
-
42
terspersed
within
the
audio
at
intervals
of
no
more
than
two
(2)
minutes
43
each.
44
(6)
In
any
action
commenced
pursuant
to
this
section,
the
plaintiff
45
bears
the
burden
of
establishing
the
use
of
synthetic
media
by
clear
and
46
convincing
evidence.
47
(7)
Courts
are
encouraged
to
determine
matters
pursuant
to
this
section
48
expediently.
49

15
(8)
For
an
action
brought
pursuant
to
this
section,
the
information
1
content
provider
of
the
electioneering
communication,
expenditure
by
a
2
candidate,
or
independent
expenditure
may
be
held
liable
and
not
the
medium
3
disseminating
the
electioneering
communication,
expenditure
by
a
candi
-
4
date,
or
independent
expenditure
except
as
provided
in
subsection
(9)
of
5
this
section.
6
(9)
Except
when
a
licensee,
programmer,
or
operator
of
a
federally
li
-
7
censed
broadcasting
station
transmits
an
electioneering
communication,
ex
-
8
penditure
by
a
candidate,
or
independent
expenditure
that
is
subject
to
47
9
U.S.C.
315,
a
medium
may
be
held
liable
in
a
cause
of
action
brought
pursuant
10
to
this
section
if:
1
1
(a)
The
medium
removes
any
disclosure
described
in
subsection
(5)
of
12
this
section
from
the
electioneering
communication,
expenditure
by
a
13
candidate,
or
independent
expenditure
it
disseminates;
or
14
(b)
Subject
to
affirmative
defenses
described
in
this
section,
the
15
medium
changes
the
content
of
an
electioneering
communication,
ex
-
16
penditure
by
a
candidate,
or
independent
expenditure
such
that
it
17
qualifies
as
synthetic
media.
18
(10)
No
provider
or
user
of
an
interactive
computer
service
shall
be
19
treated
as
the
publisher
or
speaker
of
any
information
provided
by
another
20
information
content
provider.
However,
an
interactive
computer
service
may
21
be
held
liable
in
accordance
with
subsection
(9)
of
this
section.
22
SECTION
4.
That
Chapter
3,
Title
74,
Idaho
Code,
be,
and
the
same
is
23
hereby
amended
by
the
addition
thereto
of
a
NEW
PART
,
to
be
known
and
desig
-
24
nated
as
Part
3,
Chapter
3,
Title
74,
Idaho
Code,
and
to
read
as
follows:
25
PART
3
26
POLITICAL
ACTION
COMMITTEES
27
74
-
3
-
301.
POLITICAL
ACTION
COMMITTEE
-
-
ORGANIZATION.
28
(1)(a)
An
individual,
corporation,
association,
firm,
partnership,
29
committee,
political
party,
club,
or
other
organization
or
group
of
30
persons
is
a
political
action
committee
required
to
report
under
this
31
chapter
if
it:
32
(i)
Is
specifically
designated
to
support
or
oppose
any
candidate
33
or
measure;
or
34
(ii)
Receives
contributions
and
makes
expenditures
in
an
amount
35
exceeding
one
thousand
dollars
($1,000)
in
any
calendar
year
for
36
the
purpose
of
supporting
or
opposing
one
(1)
or
more
candidates
or
37
measures.
38
(b)
A
county,
legislative
district,
or
regional
committee
of
a
recog
-
39
nized
political
party
shall
not
be
required
to
report
under
this
chapter
40
as
a
political
action
committee
unless
it
has
expenditures
exceeding
41
five
thousand
dollars
($5,000)
in
a
calendar
year.
Political
party
com
-
42
mittees
are
subject
to
the
requirements
for
political
action
committees
43
set
forth
in
this
part
except
as
otherwise
provided
in
section
74
-
3
-
402,
44
Idaho
Code.
45
(2)
Each
political
action
committee
shall
appoint
a
political
trea
-
46
surer.
No
contribution
shall
be
received
and
no
expenditure
may
be
made
by
47

16
or
on
behalf
of
a
political
action
committee
until
a
political
treasurer
has
1
been
appointed
pursuant
to
the
provisions
of
section
74
-
3
-
302,
Idaho
Code.
2
(3)
Each
political
action
committee
shall
establish
a
campaign
finance
3
account
with
the
secretary
of
state
no
later
than
ten
(10)
days
after
be
-
4
coming
a
political
action
committee
required
to
report
pursuant
to
the
pro
-
5
visions
of
subsection
(1)
of
this
section.
The
political
action
committee
6
shall
certify:
7
(a)
The
name
and
address
of
the
committee;
and
8
(b)
The
name
and
address
of
the
political
treasurer
of
the
committee.
9
(4)
Any
change
in
organization
information
previously
submitted
to
the
10
secretary
of
state
shall
be
reported
no
later
than
ten
(10)
days
after
the
1
1
date
of
the
change.
12
74
-
3
-
302.
POLITICAL
ACTION
COMMITTEE
-
-
APPOINTMENT
OF
POLITICAL
13
TREASURER.
(1)
Each
political
action
committee
shall
appoint
a
political
14
treasurer
who
is
a
registered
elector
of
this
state.
15
(2)
An
individual
may
be
appointed
and
serve
as
political
treasurer
for
16
more
than
one
(1)
political
action
committee
and
candidate.
17
(3)
A
political
action
committee
may
remove
its
political
treasurer.
18
In
the
case
of
the
death,
resignation,
or
removal
of
its
political
treasurer
19
before
all
obligations
of
a
political
treasurer
under
this
chapter
have
been
20
met,
the
political
action
committee
shall
appoint
a
successor
political
21
treasurer
and
certify
the
name
and
address
of
the
successor
to
the
secretary
22
of
state.
23
74
-
3
-
303.
DUTIES
OF
POLITICAL
TREASURER
FOR
POLITICAL
ACTION
COMMIT
-
24
TEE.
(1)
The
political
treasurer
shall
serve
as
the
official
point
of
contact
25
for
the
secretary
of
state
for
the
political
action
committee.
26
(2)
The
political
treasurer
for
each
political
action
committee
shall
27
maintain
at
least
one
(1)
checking
account
with
a
financial
institution.
All
28
moneys
received
by
the
political
action
committee
shall
be
deposited
in
such
29
account.
The
political
treasurer
shall
keep
detailed
accounts
of
all
con
-
30
tributions
received
and
all
expenditures
made
by
or
on
behalf
of
the
politi
-
31
cal
action
committee.
The
political
treasurer
shall
keep
the
accounts
cur
-
32
rent
within
seven
(7)
days
after
the
date
of
receiving
a
contribution
or
mak
-
33
ing
an
expenditure.
The
political
action
committee's
funds
shall
be
segre
-
34
gated
from
and
may
not
be
commingled
with
any
other
account.
35
(3)
The
political
treasurer
shall
be
responsible
for
making
and
fil
-
36
ing
all
reports
that
are
required
of
a
political
action
committee
under
this
37
chapter.
Accounts
kept
by
the
political
treasurer
for
a
political
action
38
committee
are
subject
to
inspection
by
the
office
of
the
secretary
of
state
39
in
the
case
of
an
investigation
pursuant
to
section
74
-
3
-
501
or
74
-
3
-
502,
40
Idaho
Code.
41
(4)
Accounts
kept
by
a
political
treasurer
shall
be
preserved
by
him
for
42
at
least
one
(1)
year
after
the
date
of
the
election
to
which
the
accounts
re
-
43
fer
or
at
least
one
(1)
year
after
the
date
the
last
report
is
filed
under
sec
-
44
tion
74
-
3
-
306,
Idaho
Code,
whichever
is
later.
45
74
-
3
-
304.
CONTRIBUTIONS
OBTAINED
BY
A
POLITICAL
ACTION
COMMITTEE.
(1)
46
A
political
action
committee
may
solicit
or
obtain
contributions
from
indi
-
47

17
viduals
as
provided
in
chapter
26,
title
44,
Idaho
Code,
or
as
provided
in
1
section
44
-
2004,
Idaho
Code.
2
(2)(a)
Any
person
who
contributes
to
a
political
action
committee
shall
3
accompany
the
contribution
with
a
report
of
his
full
name
and
complete
4
address.
5
(b)
If
a
political
treasurer
is
offered
or
receives
contributions
of
6
more
than
one
hundred
dollars
($100)
in
the
aggregate
from
the
same
per
-
7
son
during
a
calendar
year,
and
there
is
no
report
of
the
full
name
and
8
complete
address
of
the
person
making
the
contribution,
the
contribu
-
9
tion
shall
be
returned
to
the
contributor
if
his
identity
can
be
ascer
-
10
tained.
If
the
contributor's
identity
cannot
be
ascertained,
the
con
-
1
1
tribution
shall
be
transmitted
immediately
by
the
political
treasurer
12
to
the
secretary
of
state,
who
shall
transmit
it
to
the
state
controller
13
for
deposit
in
the
general
fund.
14
(3)
Contributions
shall
not
be
obtained
for
a
political
action
commit
-
15
tee
by
use
of
coercion
or
physical
force,
by
making
a
contribution
a
condi
-
16
tion
of
employment
or
membership,
or
by
using
or
threatening
to
use
job
dis
-
17
crimination
or
financial
reprisals.
A
violation
of
the
provisions
of
this
18
section
shall
be
punishable
as
provided
in
part
5
of
this
chapter.
19
74
-
3
-
305.
USE
OF
CONTRIBUTED
AMOUNTS
FOR
CERTAIN
PURPOSES.
(1)
A
con
-
20
tribution
accepted
by
a
political
action
committee
may
be
used:
21
(a)
For
expenditures
in
connection
with
the
political
action
commit
-
22
tee's
purpose
of
campaigning
for
the
election
or
defeat
of
a
candidate
23
or
measure;
24
(b)
For
the
ordinary
and
necessary
expenses
of
a
political
action
com
-
25
mittee;
26
(c)
For
donations
to
an
organization
described
in
26
U.S.C.
170(c);
27
(d)
For
transfers,
without
limitation,
to
a
national,
state,
or
local
28
committee
of
a
political
party;
29
(e)
For
contributions
to
state
and
local
candidates
subject
to
the
pro
-
30
visions
of
state
law;
or
31
(f)
For
any
other
lawful
purpose
unless
prohibited
by
subsection
(2)
of
32
this
section.
33
(2)
A
contribution
shall
not
be
converted
by
any
person
for
personal
34
use.
For
the
purposes
of
this
subsection,
a
contribution
shall
be
considered
35
to
be
converted
to
personal
use
if
the
contribution
is
used
to
fulfill
any
36
commitment,
obligation,
or
expense
of
a
person
that
would
exist
irrespective
37
of
the
political
action
committee's
campaign
activities.
38
74
-
3
-
306.
REPORTS
OF
CONTRIBUTIONS
TO
AND
EXPENDITURES
BY
POLITICAL
39
ACTION
COMMITTEES.
(1)
The
political
treasurer
for
each
political
action
40
committee
shall
file
with
the
secretary
of
state
a
report
each
month
of
all
41
contributions
received
and
all
expenditures
and
encumbrances
made
by
or
on
42
behalf
of
the
political
action
committee
during
the
preceding
month
by
no
43
later
than
the
tenth
day
of
the
following
month.
The
report
shall
itemize
44
each
contribution
received
and
each
expenditure
or
encumbrance
made
during
45
the
monthly
reporting
period
and
shall
include
the
following:
46
(a)
Under
contributions,
the
report
shall
include
a
list
of
all
the
con
-
47
tributions
received,
including
any
funds
or
property
of
the
political
48

18
action
committee
used
to
cover
expenditures.
The
report
shall
list
the
1
full
name
and
complete
address
of
each
person
who
contributed
an
aggre
-
2
gate
amount
of
more
than
one
hundred
dollars
($100)
and
the
amount
con
-
3
tributed
by
that
person.
The
report
may
list
as
a
single
item
the
total
4
amount
of
contributions
of
one
hundred
dollars
($100)
or
less;
and
5
(b)
Under
expenditures,
the
report
shall
include
the
name,
city,
and
6
state
of
each
person
to
whom
an
expenditure
or
encumbrance
was
made
of
at
7
least
twenty
-
five
dollars
($25.00)
but
no
more
than
one
hundred
dollars
8
($100)
and
the
amount,
date,
and
purpose
of
each
such
expenditure.
For
9
expenditures
of
more
than
one
hundred
dollars
($100),
the
report
shall
10
include
the
name
and
address
of
each
person
to
whom
an
expenditure
or
en
-
1
1
cumbrance
was
made
and
the
amount,
date,
and
purpose
of
each
such
expen
-
12
diture.
All
expenditures
or
encumbrances
in
the
amount
of
twenty
-
five
13
dollars
($25.00)
or
more
shall
be
evidenced
by
an
invoice,
receipt,
or
14
canceled
check
or
an
accurate
copy
thereof.
Such
evidence
shall
not
be
15
filed
with
the
report
but
shall
be
retained
by
the
political
treasurer
16
for
a
period
of
one
(1)
year
after
the
report
has
been
filed.
The
re
-
17
port
may
list
as
a
single
item
the
total
amount
of
expenditures
and
en
-
18
cumbrances
of
less
than
twenty
-
five
dollars
($25.00)
each
without
show
-
19
ing
the
exact
amount
of
or
requiring
evidence
of
each
such
expenditure
20
or
encumbrance.
Anything
of
value,
other
than
money,
paid
for
or
con
-
21
tributed
by
any
person
shall
be
listed
both
as
an
expenditure
and
as
a
22
contribution.
23
(2)
In
any
year
in
which
an
election
is
held
for
a
candidate
that
a
po
-
24
litical
action
committee
supports
or
opposes
by
making
expenditures
or
re
-
25
ceiving
contributions
related
to
such
candidate's
election,
the
political
26
treasurer
for
such
political
action
committee
shall
file
additional
reports
27
pursuant
to
subsection
(1)
of
this
section
as
follows:
28
(a)
Three
(3)
days
before
the
primary
election,
covering
the
period
29
from
the
close
of
the
most
recent
monthly
report
through
seven
(7)
days
30
before
the
primary
election;
and
31
(b)
Three
(3)
days
before
the
general
election,
covering
the
period
32
from
the
close
of
the
most
recent
monthly
report
through
seven
(7)
days
33
before
the
general
election.
34
(3)
In
addition
to
any
other
reports
required
under
this
section,
the
35
political
treasurer
for
each
political
action
committee
shall
report
to
the
36
secretary
of
state
any
contribution
of
one
thousand
dollars
($1,000)
or
more
37
within
forty
-
eight
(48)
hours
after
the
receipt
of
such
contribution.
Such
38
a
report
shall
include
the
name
of
the
political
action
committee,
the
iden
-
39
tification
of
the
contributor,
and
the
date
of
receipt
and
amount
of
the
con
-
40
tribution.
The
report
shall
be
in
addition
to
the
reporting
of
these
contri
-
41
butions
in
the
regular
monthly
reports.
42
(4)
All
reports
required
pursuant
to
this
section
shall
be
filed
online
43
with
the
secretary
of
state
by
no
later
than
midnight
on
the
date
the
filing
44
is
due.
45
(5)
If
no
contribution
is
received
or
expenditure
made
by
or
on
behalf
46
of
a
political
action
committee
during
a
monthly
reporting
period,
the
po
-
47
litical
treasurer
for
the
political
action
committee
shall
file
with
the
48
secretary
of
state
a
report
to
that
effect
by
the
tenth
day
of
the
following
49
month.
50

19
(6)
Reports
required
to
be
filed
under
the
provisions
of
this
section
1
shall
be
filed
until
the
account
no
longer
shows
any
unexpended
balance
of
2
contributions
or
expenditure
deficit.
Once
an
account
no
longer
shows
a
pos
-
3
itive
balance
or
debt,
the
political
treasurer
may
notify
the
secretary
of
4
state's
office
that
the
account
may
be
closed.
If
the
account
has
shown
no
5
positive
balance
or
debt
for
a
period
of
two
(2)
years
and
the
political
trea
-
6
surer
has
not
requested
account
closure,
the
secretary
of
state
may
admin
-
7
istratively
close
the
political
action
committee's
account
following
thirty
8
(30)
days'
notice
to
the
political
action
committee.
9
(7)
Except
as
provided
in
subsection
(8)
of
this
section,
a
political
10
action
committee
that
is
registered
with
the
federal
election
commission
1
1
must
file
reports
in
accordance
with
the
provisions
of
this
section
if
the
12
political
action
committee:
13
(a)
Makes
contributions
to
Idaho
candidates;
14
(b)
Makes
an
electioneering
communication
in
Idaho;
or
15
(c)
Makes
an
independent
expenditure
in
Idaho.
16
(8)
A
federal
candidate's
leadership
political
action
committee
may
17
make
contributions
and
expenditures
in
Idaho
without
filing
reports
under
18
this
section
if
the
leadership
political
action
committee
is
in
compli
-
19
ance
with
federal
election
commission
reporting
requirements
and
follows
20
applicable
laws.
The
recipient
of
any
contributions
made
pursuant
to
this
21
subsection
shall
be
reported
using
the
official
name
of
the
candidate's
22
leadership
political
action
committee
and
the
identification
number
as
reg
-
23
istered
with
the
federal
election
commission.
24
74
-
3
-
307.
POLITICAL
ACTION
COMMITTEE
COORDINATION.
(1)
A
political
25
action
committee
may
not
coordinate
with
a
candidate
to
benefit
that
candi
-
26
date
with
an
independent
expenditure,
as
defined
in
section
74
-
3
-
102,
Idaho
27
Code.
28
(2)
If
an
expenditure
is
made
in
coordination
with
a
candidate,
it
shall
29
be
considered
a
contribution
in
-
kind
to
the
candidate
and
shall
be
reported
30
by
the
candidate
and
be
included
in
the
candidate's
campaign
contribution
31
limits.
32
(3)
For
the
purpose
of
determining
whether
an
expenditure
is
made
in
co
-
33
ordination
with
a
candidate,
the
term
"coordination"
means
and
includes
but
34
is
not
limited
to
an
expenditure
made
with
the
cooperation
of,
with
the
prior
35
consent
or
knowledge
of,
in
consultation
with,
at
the
request
or
suggestion
36
of,
or
by
using
nonpublic
information
obtained
from
a
candidate
or
the
can
-
37
didate's
agent
or
paid
or
unpaid
staff
or
volunteer
or
any
person
acting
as
38
a
conduit
for
messages
to
or
from
the
candidate's
campaign.
Coordination
39
shall
be
presumed
if
the
political
action
committee's
expenditure
or
inde
-
40
pendent
expenditure
benefits
a
candidate
who
is
also
the
political
action
41
committee's
treasurer
or
other
board
member.
42
74
-
3
-
308.
ELECTIONEERING
COMMUNICATIONS.
(1)
In
addition
to
any
other
43
reports
required
under
this
chapter,
the
political
treasurer
for
each
po
-
44
litical
action
committee
shall
report
to
the
secretary
of
state
any
expendi
-
45
ture
for
an
electioneering
communication
of
one
thousand
dollars
($1,000)
or
46
more.
47

20
(a)
For
electioneering
communications
made
on
or
before
the
sixteenth
1
day
before
any
primary
or
general
election,
the
report
shall
be
filed
2
within
forty
-
eight
(48)
hours
after
the
expenditure.
3
(b)
For
electioneering
communications
made
after
the
sixteenth
day
be
-
4
fore
an
election,
but
more
than
twenty
-
four
(24)
hours
before
any
pri
-
5
mary
or
general
election,
the
report
shall
be
filed
within
twenty
-
four
6
(24)
hours
after
the
expenditure.
7
(2)
The
report
shall
be
in
addition
to
the
reporting
of
these
expendi
-
8
tures
in
the
regular
monthly
reports.
The
report
shall
contain:
9
(a)
The
name
and
address
of
any
third
party
to
whom
an
expenditure
has
10
been
made
by
the
reporting
political
action
committee
in
reference
to
1
1
any
candidate
or
measure,
together
with
the
amount,
date,
and
purpose
of
12
each
such
expenditure,
including
the
identity
of
the
referenced
candi
-
13
date
or
measure;
and
14
(b)
The
total
sum
of
all
electioneering
communications
made
by
the
po
-
15
litical
action
committee
filing
the
report
since
the
first
day
of
the
16
preceding
calendar
year.
17
(3)
For
the
purpose
of
determining
when
a
report
should
be
filed
under
18
this
section,
an
electioneering
communication
is
made
on
the
day
that
the
19
electioneering
communication
is
publicly
distributed
or
otherwise
viewed
by
20
the
public
or
on
the
date
payment
is
made,
whichever
is
earlier.
21
74
-
3
-
309.
INDEPENDENT
EXPENDITURES.
(1)
In
addition
to
any
other
re
-
22
ports
required
under
this
chapter,
the
political
treasurer
for
each
politi
-
23
cal
action
committee
shall
report
to
the
secretary
of
state
any
independent
24
expenditure
in
an
aggregate
amount
of
one
thousand
dollars
($1,000)
or
more
25
as
provided
in
this
section.
26
(a)
In
the
case
of
an
independent
expenditure
totaling
one
thousand
27
dollars
($1,000)
or
more
made
on
or
before
the
sixteenth
day
be
-
28
fore
a
primary
or
general
election,
the
report
shall
be
filed
within
29
forty
-
eight
(48)
hours
of
making
the
expenditure.
30
(b)
In
the
case
of
an
independent
expenditure
totaling
one
thousand
31
dollars
($1,000)
or
more
made
after
the
sixteenth
day
before
an
election
32
but
more
than
twenty
-
four
(24)
hours
before
a
primary
or
general
elec
-
33
tion,
the
report
shall
be
filed
within
twenty
-
four
(24)
hours
of
making
34
the
expenditure.
35
(c)
In
the
case
of
an
independent
expenditure
totaling
less
than
one
36
thousand
dollars
($1,000),
the
report
shall
be
filed
by
the
tenth
day
of
37
the
month
following
the
month
in
which
the
independent
expenditure
was
38
made.
39
(2)
The
report
shall
be
in
addition
to
the
reporting
of
these
expendi
-
40
tures
in
the
regular
monthly
reports.
The
report
shall
contain:
41
(a)
The
name
and
address
of
any
third
party
to
whom
an
independent
42
expenditure
totaling
one
thousand
dollars
($1,000)
or
more
has
been
43
made
by
the
reporting
political
action
committee
for
an
independent
44
expenditure
in
support
of
or
in
opposition
to
any
candidate
or
measure,
45
together
with
the
amount,
date,
and
purpose
of
each
such
expenditure,
46
including
the
identity
of
the
referenced
candidate
or
measure,
and
47
whether
the
expenditure
was
made
either
in
support
of
or
in
opposition
48
to
such
candidate
or
measure;
and
49

21
(b)
The
total
sum
of
all
independent
expenditures
made
by
the
reporting
1
political
action
committee
since
the
first
day
of
the
preceding
calen
-
2
dar
year
in
support
of
or
in
opposition
to
any
such
candidate
or
measure.
3
74
-
3
-
310.
MEASURE
EXPENDITURES.
(1)
In
addition
to
any
other
reports
4
required
under
this
chapter,
the
political
treasurer
for
each
political
ac
-
5
tion
committee
shall
report
to
the
secretary
of
state
any
measure
expendi
-
6
ture
in
an
aggregate
amount
of
one
thousand
dollars
($1,000)
or
more
as
pro
-
7
vided
in
this
section.
8
(a)
In
the
case
of
a
measure
expenditure
totaling
one
thousand
dollars
9
($1,000)
or
more
made
on
or
before
the
sixteenth
day
before
a
primary
10
or
general
election,
the
report
shall
be
filed
within
forty
-
eight
(48)
1
1
hours
of
making
the
expenditure.
12
(b)
In
the
case
of
a
measure
expenditure
totaling
one
thousand
dollars
13
($1,000)
or
more
made
after
the
sixteenth
day
before
an
election
but
14
more
than
twenty
-
four
(24)
hours
before
a
primary
or
general
election,
15
the
report
shall
be
filed
within
twenty
-
four
(24)
hours
of
making
the
16
expenditure.
17
(c)
In
the
case
of
a
measure
expenditure
totaling
less
than
one
thousand
18
dollars
($1,000),
the
report
shall
be
filed
by
the
tenth
day
of
the
month
19
following
the
month
in
which
the
measure
expenditure
was
made.
20
(2)
The
report
shall
be
in
addition
to
the
reporting
of
these
expendi
-
21
tures
in
the
regular
monthly
reports.
The
report
shall
contain:
22
(a)
The
name
and
address
of
any
third
party
to
whom
a
measure
expendi
-
23
ture
totaling
one
thousand
dollars
($1,000)
or
more
has
been
made
by
the
24
reporting
political
action
committee
for
a
measure
expenditure
in
sup
-
25
port
of
or
in
opposition
to
any
measure,
together
with
the
amount,
date,
26
and
purpose
of
each
such
expenditure,
including
the
identity
of
the
ref
-
27
erenced
measure,
and
whether
the
expenditure
was
made
either
in
support
28
of
or
in
opposition
to
such
measure;
and
29
(b)
The
total
sum
of
all
measure
expenditures
made
by
the
reporting
po
-
30
litical
action
committee
since
the
first
day
of
the
preceding
calendar
31
year
in
support
of
or
in
opposition
to
any
such
measure.
32
SECTION
5.
That
Chapter
3,
Title
74,
Idaho
Code,
be,
and
the
same
is
33
hereby
amended
by
the
addition
thereto
of
a
NEW
PART
,
to
be
known
and
desig
-
34
nated
as
Part
4,
Chapter
3,
Title
74,
Idaho
Code,
and
to
read
as
follows:
35
PART
4
36
OTHER
PERSONS
REQUIRED
TO
REPORT
37
74
-
3
-
401.
LEGISLATIVE
INTENT.
In
order
to
promote
transparency
re
-
38
garding
the
impact
of
all
election
-
related
financial
contributions
or
39
expenditures,
it
is
the
intent
of
the
legislature
that
all
persons,
not
just
40
those
who
are
required
to
register
as
a
candidate
or
a
political
action
com
-
41
mittee,
shall
be
required
to
publicly
report
financial
contributions
made
or
42
expenditures
paid.
All
such
persons
making
electioneering
communications
43
or
independent
expenditures
in
Idaho
shall
file
reports
with
the
secretary
44
of
state
according
to
the
provisions
of
this
part.
45

22
74
-
3
-
402.
POLITICAL
PARTY
COMMITTEES
AND
CAUCUSES
-
-
CONTRIBUTIONS
-
-
1
REPORTS
-
-
LIMITS.
(1)
Contributions
by
political
party
central
committees,
2
including
state,
county,
and
legislative
district,
and
legislative
caucuses
3
of
a
recognized
political
party
qualified
under
section
34
-
501,
Idaho
Code,
4
are
governed
by
the
provisions
of
this
section.
5
(2)
Except
as
otherwise
provided
in
subsection
(6)
of
this
section,
po
-
6
litical
party
committees
and
caucuses
governed
by
this
section
shall
file
7
reports
of
their
expenditures
and
contributions
at
the
same
time
and
in
the
8
same
manner
as
political
action
committees
pursuant
to
part
3
of
this
chap
-
9
ter.
10
(3)
For
state
legislative
races,
a
committee
governed
by
this
section
1
1
shall
not
contribute
to
any
single
candidate
more
than
three
thousand
dol
-
12
lars
($3,000)
in
the
aggregate
for
a
primary
election
and
three
thousand
dol
-
13
lars
($3,000)
in
the
aggregate
for
a
general
election.
14
(4)
For
statewide
office
races,
a
committee
governed
by
this
section
15
shall
not
contribute
to
any
single
candidate
more
than
twelve
thousand
dol
-
16
lars
($12,000)
in
the
aggregate
for
the
primary
election
and
twelve
thousand
17
dollars
($12,000)
in
the
aggregate
for
the
general
election.
18
(5)
No
contribution
may
be
made
for
a
general
election
to
a
candidate
19
who
has
not
won
his
primary
election,
if
any.
20
(6)
A
county
or
legislative
district
central
committee
of
a
recognized
21
political
party
shall
not
be
considered
a
political
action
committee
for
the
22
purposes
of
filing
reports
under
this
chapter
unless
such
political
party
23
committee
has
expenditures
exceeding
five
thousand
dollars
($5,000)
in
a
24
calendar
year.
25
74
-
3
-
403.
ELECTIONEERING
COMMUNICATIONS.
(1)
Any
person
other
than
a
26
political
action
committee
who
makes
an
electioneering
communication,
as
27
defined
in
section
74
-
3
-
102,
Idaho
Code,
in
an
aggregate
amount
of
one
hun
-
28
dred
dollars
($100)
or
more
must
file
a
report
with
the
secretary
of
state.
29
The
report
shall
contain
the
following
information:
30
(a)
The
name
and
address
of
any
third
party
to
whom
an
expenditure
in
31
excess
of
fifty
dollars
($50.00)
has
been
made
by
the
reporting
person
32
in
reference
to
any
candidate,
political
action
committee,
or
measure,
33
together
with
the
amount,
date,
and
purpose
of
each
such
expenditure,
34
including
the
identity
of
the
referenced
candidate
or
measure;
35
(b)
The
total
sum
of
all
electioneering
communications
made
by
the
36
person
filing
the
report
since
the
first
day
of
the
preceding
calendar
37
year;
and
38
(c)
The
name
and
address
of
any
donor
who
made
aggregate
contributions
39
of
one
thousand
dollars
($1,000)
or
more
to
the
person
filing
the
report
40
since
the
first
day
of
the
preceding
calendar
year
to
the
date
of
the
re
-
41
port
earmarked
for
the
reported
electioneering
communication.
The
re
-
42
port
may
list
as
a
single
item
the
total
amount
of
contributions
made
by
43
donors
who
gave
less
than
one
thousand
dollars
($1,000).
44
(2)
The
report
shall
be
filed
with
the
secretary
of
state
pursuant
to
45
this
subsection.
46
(a)
In
the
case
of
an
electioneering
communication
totaling
one
thou
-
47
sand
dollars
($1,000)
or
more
made
on
or
before
the
sixteenth
day
before
48
a
primary
or
general
election
at
which
the
referenced
candidate
will
ap
-
49

23
pear
on
the
ballot,
the
report
shall
be
filed
within
forty
-
eight
(48)
1
hours
of
making
the
expenditure.
2
(b)
In
the
case
of
an
electioneering
communication
totaling
one
thou
-
3
sand
dollars
($1,000)
or
more
made
after
the
sixteenth
day
before
an
4
election
but
more
than
twenty
-
four
(24)
hours
before
a
primary
or
gen
-
5
eral
election
at
which
the
referenced
candidate
will
appear
on
the
6
ballot,
the
report
shall
be
filed
within
twenty
-
four
(24)
hours
of
mak
-
7
ing
the
expenditure.
8
(c)
In
the
case
of
electioneering
communications
totaling
less
than
one
9
thousand
dollars
($1,000),
the
report
shall
be
filed
by
the
tenth
day
10
of
the
month
following
the
month
in
which
the
electioneering
communica
-
1
1
tions
were
made.
12
(3)
For
the
purpose
of
determining
when
a
report
should
be
filed
under
13
this
section,
an
electioneering
communication
is
made
on
the
day
that
the
14
electioneering
communication
is
publicly
distributed
or
otherwise
viewed
by
15
the
public
or
on
the
date
payment
is
made,
whichever
is
earlier.
16
74
-
3
-
404.
INDEPENDENT
EXPENDITURES.
(1)
An
independent
expenditure,
17
as
defined
in
section
74
-
3
-
102,
Idaho
Code,
is
an
expenditure
by
any
person
18
for
a
communication
expressly
advocating
the
election,
passage,
or
defeat
of
19
a
clearly
identified
candidate
or
measure
if
the
expenditure
is
not
coordi
-
20
nated
with
the
candidate.
An
expenditure
that
is
independent
of
a
candidate
21
is
not
attributed
to
or
reportable
by
a
candidate
and
must
be
reported
by
the
22
person
making
the
independent
expenditure
pursuant
to
the
provisions
of
this
23
section.
24
(2)
If
an
expenditure
is
made
in
coordination
with
the
candidate,
it
25
shall
be
considered
a
contribution
in
-
kind
to
the
candidate,
reported
by
the
26
candidate,
and
included
in
the
candidate's
campaign
contribution
limits.
27
(3)
For
the
purpose
of
determining
whether
an
expenditure
is
made
in
co
-
28
ordination
with
a
candidate,
the
term
"coordination"
means
and
includes
but
29
is
not
limited
to
an
expenditure
made
with
the
cooperation
of,
with
the
prior
30
consent
or
knowledge
of,
in
consultation
with,
at
the
request
or
suggestion
31
of,
or
using
nonpublic
information
obtained
from
a
candidate
or
the
candi
-
32
date's
agent
or
paid
or
unpaid
staff
or
volunteer
or
by
a
person
acting
as
a
33
conduit
for
messages
to
or
from
a
candidate's
campaign.
34
(4)
Each
person
who
makes
an
independent
expenditure
in
an
aggregate
35
amount
of
one
hundred
dollars
($100)
or
more
shall
file
a
report
of
the
expen
-
36
diture
with
the
secretary
of
state.
The
report
shall
contain:
37
(a)
The
name
and
address
of
any
third
party
to
whom
an
expenditure
in
ex
-
38
cess
of
fifty
dollars
($50.00)
has
been
made
by
the
reporting
person
for
39
an
independent
expenditure
in
support
of
or
in
opposition
to
any
can
-
40
didate
or
measure,
together
with
the
amount,
date,
and
purpose
of
each
41
such
expenditure,
including
the
identity
of
the
referenced
candidate
or
42
measure,
and
whether
the
expenditure
was
made
either
in
support
of
or
in
43
opposition
to
such
candidate
or
measure;
44
(b)
The
total
sum
of
all
independent
expenditures
made
by
the
reporting
45
person
since
the
first
day
of
the
preceding
calendar
year
in
support
of
46
or
in
opposition
to
any
such
candidate
or
measure;
and
47
(c)
The
name
and
address
of
any
donor
who
made
aggregate
contributions
48
of
one
thousand
dollars
($1,000)
or
more
to
the
person
making
the
report
49

24
since
the
first
day
of
the
preceding
calendar
year
earmarked
for
the
re
-
1
ported
independent
expenditure.
The
report
may
list
as
a
single
item
2
the
total
amount
of
contributions
made
by
donors
who
gave
less
than
one
3
thousand
dollars
($1,000).
4
(5)
The
report
shall
be
filed
with
the
secretary
of
state
pursuant
to
5
this
subsection.
6
(a)
In
the
case
of
an
independent
expenditure
totaling
one
thousand
7
dollars
($1,000)
or
more
made
on
or
before
the
sixteenth
day
before
a
8
primary
or
general
election
at
which
the
referenced
candidate
will
ap
-
9
pear
on
the
ballot,
the
report
shall
be
filed
within
forty
-
eight
(48)
10
hours
of
making
the
expenditure.
1
1
(b)
In
the
case
of
an
independent
expenditure
totaling
one
thousand
12
dollars
($1,000)
or
more
made
after
the
sixteenth
day
before
an
elec
-
13
tion
but
more
than
twenty
-
four
(24)
hours
before
a
primary
or
general
14
election
at
which
the
referenced
candidate
will
appear
on
the
ballot,
15
the
report
shall
be
filed
within
twenty
-
four
(24)
hours
of
making
the
16
expenditure.
17
(c)
In
the
case
of
independent
expenditures
totaling
less
than
one
18
thousand
dollars
($1,000),
the
report
shall
be
filed
by
the
tenth
day
19
of
the
month
following
the
month
in
which
the
independent
expenditures
20
were
made.
21
74
-
3
-
405.
MEASURE
EXPENDITURES.
(1)
A
measure
expenditure,
as
defined
22
in
section
74
-
3
-
102,
Idaho
Code,
is
an
expenditure
by
any
person
for
a
commu
-
23
nication
expressly
advocating
the
passage
or
defeat
of
a
clearly
identified
24
measure.
An
expenditure
that
is
independent
of
a
political
action
committee
25
sponsoring
a
measure
is
not
attributed
to
or
reportable
by
such
political
ac
-
26
tion
committee
and
must
be
reported
by
the
person
making
the
measure
expendi
-
27
ture
pursuant
to
the
provisions
of
this
section.
28
(2)
Each
person
who
makes
a
measure
expenditure
in
an
aggregate
amount
29
of
one
hundred
dollars
($100)
or
more
shall
file
a
report
of
the
expenditure
30
with
the
secretary
of
state.
The
report
shall
contain:
31
(a)
The
name
and
address
of
any
third
party
to
whom
an
expenditure
in
ex
-
32
cess
of
fifty
dollars
($50.00)
has
been
made
by
the
reporting
person
for
33
a
measure
expenditure
in
support
of
or
in
opposition
to
any
measure,
to
-
34
gether
with
the
amount,
date,
and
purpose
of
each
such
expenditure,
in
-
35
cluding
the
identity
of
the
referenced
measure,
and
whether
the
expen
-
36
diture
was
made
either
in
support
of
or
in
opposition
to
such
measure;
37
(b)
The
total
sum
of
all
measure
expenditures
made
by
the
reporting
per
-
38
son
since
the
first
day
of
the
preceding
calendar
year
in
support
of
or
39
in
opposition
to
any
such
measure;
and
40
(c)
The
name
and
address
of
any
donor
who
made
aggregate
contributions
41
of
one
thousand
dollars
($1,000)
or
more
to
the
person
making
the
report
42
since
the
first
day
of
the
preceding
calendar
year
earmarked
for
the
re
-
43
ported
measure
expenditure.
The
report
may
list
as
a
single
item
the
to
-
44
tal
amount
of
contributions
made
by
donors
who
gave
less
than
one
thou
-
45
sand
dollars
($1,000).
46
(3)
The
report
shall
be
filed
with
the
secretary
of
state
pursuant
to
47
this
subsection.
48

25
(a)
In
the
case
of
a
measure
expenditure
totaling
one
thousand
dollars
1
($1,000)
or
more
made
on
or
before
the
sixteenth
day
before
the
election
2
at
which
the
referenced
measure
will
appear
on
the
ballot,
the
report
3
shall
be
filed
within
forty
-
eight
(48)
hours
of
making
the
expenditure.
4
(b)
In
the
case
of
a
measure
expenditure
totaling
one
thousand
dollars
5
($1,000)
or
more
made
after
the
sixteenth
day
before
an
election
but
6
more
than
twenty
-
four
(24)
hours
before
the
election
at
which
the
ref
-
7
erenced
measure
will
appear
on
the
ballot,
the
report
shall
be
filed
8
within
twenty
-
four
(24)
hours
of
making
the
expenditure.
9
(c)
In
the
case
of
measure
expenditures
totaling
less
than
one
thousand
10
dollars
($1,000),
the
report
shall
be
filed
by
the
tenth
day
of
the
month
1
1
following
the
month
in
which
the
measure
expenditures
were
made.
12
SECTION
6.
That
Chapter
3,
Title
74,
Idaho
Code,
be,
and
the
same
is
13
hereby
amended
by
the
addition
thereto
of
a
NEW
PART
,
to
be
known
and
desig
-
14
nated
as
Part
5,
Chapter
3,
Title
74,
Idaho
Code,
and
to
read
as
follows:
15
PART
5
16
ADMINISTRATION
OF
CHAPTER
-
-
DUTIES
-
-
ENFORCEMENT
-
-
VIOLATIONS
-
-
17
PENALTIES
18
74
-
3
-
501.
DUTIES
OF
SECRETARY
OF
STATE.
(1)
The
secretary
of
state
is
19
charged
with
the
enforcement
of
the
provisions
of
this
chapter.
20
(2)
The
secretary
of
state
shall
maintain
an
online
filing
system
for
21
the
filing
and
publication
of
all
reports
required
pursuant
to
this
chapter.
22
The
online
filing
system
shall
accommodate
the
filings
of
all
candidates,
23
political
action
committees,
and
others
who
are
required
to
report
pursuant
24
to
this
chapter.
The
online
filing
system
shall
be
designed
to
aid
and
en
-
25
sure
compliance
with
the
reporting
requirements
of
this
chapter.
The
online
26
filing
system
shall
be
accessible
on
the
secretary
of
state's
website
and
be
27
searchable
by
the
public
by
candidate,
committee,
contribution,
contribu
-
28
tor,
date,
expense,
office,
party,
purpose,
and
any
other
content
deemed
ap
-
29
propriate
by
the
secretary
of
state.
30
(3)
The
secretary
of
state
shall
confirm
the
filing
of
each
report
filed
31
pursuant
to
this
chapter
for
statewide,
legislative,
and
judicial
district
32
offices
or
measures
within
two
(2)
days
after
the
due
date
of
the
report
or
33
after
the
date
it
is
filed,
whichever
is
later.
The
secretary
of
state
shall
34
notify
a
person
required
to
file
a
report
under
this
chapter
immediately
if:
35
(a)
It
appears
that
the
person
has
failed
to
file
a
report
as
required
by
36
law
or
that
a
report
filed
by
the
person
does
not
conform
to
law;
or
37
(b)
A
written
complaint
is
filed
with
the
secretary
of
state
by
any
reg
-
38
istered
voter
alleging
that
a
person
has
failed
to
file
a
report
as
re
-
39
quired
by
law
or
that
a
report
filed
with
the
secretary
of
state
does
not
40
conform
to
law
or
to
the
truth.
41
(4)
The
secretary
of
state
may
require
any
person
to
answer
in
writing
42
and
under
oath
or
affirmation
any
question
within
the
knowledge
of
that
per
-
43
son
concerning
the
source
of
any
contribution
or
expenditure.
44
(5)
The
secretary
of
state
may
make
administrative
adjustments
to
cam
-
45
paign
finance
accounts
in
coordination
with
the
political
treasurer
of
the
46
account
to
correct
any
imbalances
identified.
If
the
imbalance
was
accrued
47
willfully
and
knowingly,
the
secretary
of
state
may
assess
a
fine
not
to
ex
-
48

26
ceed
twenty
-
five
percent
(25%)
of
the
amount
identified
to
be
out
of
balance
1
and
deposit
the
amount
assessed
into
the
general
fund.
2
(6)
In
addition
to
duties
otherwise
prescribed
in
this
section,
it
3
shall
be
the
duty
of
the
secretary
of
state:
4
(a)
To
make
investigations
of
reports
filed
under
the
provisions
of
5
this
chapter
with
respect
to
statewide,
legislative,
and
judicial
of
-
6
fices
and
measures
and
alleged
failures
to
file
any
report
required
7
under
the
provisions
of
this
chapter
and
upon
complaint
by
any
person
8
with
respect
to
alleged
violations
of
any
part
of
this
chapter;
9
(b)
To
report
suspected
criminal
violations
of
law
to
the
attorney
gen
-
10
eral
for
referral
to
the
appropriate
law
enforcement
authorities;
1
1
(c)
To
prescribe
and
publish
rules,
subject
to
legislative
approval,
in
12
accordance
with
the
provisions
of
chapter
52,
title
67,
Idaho
Code,
and
13
to
take
such
other
actions
as
may
be
appropriate
to
carry
out
the
provi
-
14
sions
of
this
chapter;
and
15
(d)
To
assess
fees
and
fines
authorized
by
the
provisions
of
this
chap
-
16
ter.
17
74
-
3
-
502.
DUTIES
OF
COUNTY
CLERKS
AND
PROSECUTORS.
(1)
For
all
report
-
18
ing
requirements
prescribed
by
this
chapter
for
all
local
government
offices
19
or
measures
for
which
the
county
is
the
home
county,
as
defined
in
section
20
34
-
1401,
Idaho
Code,
the
county
clerk
shall
serve
in
the
place
of
the
secre
-
21
tary
of
state
and
the
county
prosecutor
in
the
place
of
the
attorney
general.
22
(2)
In
the
event
of
a
potential
conflict
of
interest
by
a
county
clerk,
a
23
county
clerk
may
enter
into
an
agreement
with
the
clerk
of
a
different
county
24
to
investigate
any
complaints
or
potential
violations
of
the
provisions
of
25
this
chapter.
26
(3)
Notwithstanding
any
provision
of
law
to
the
contrary,
any
fines
27
collected
by
a
county
clerk
pursuant
to
this
chapter
shall
be
deposited
in
28
the
county
general
fund
of
such
county.
29
74
-
3
-
503.
FAILURE
TO
REPORT
-
-
VIOLATIONS
-
-
CIVIL
FINES
-
-
MISDE
-
30
MEANOR.
(1)
Except
as
otherwise
provided
in
this
section,
any
person
who
31
fails
to
file
a
report
of
contributions,
expenditures,
independent
expen
-
32
ditures,
or
any
other
report
required
by
this
chapter
shall
be
liable
to
the
33
secretary
of
state
for
a
civil
fine
in
the
amount
of
fifty
dollars
($50.00)
34
plus
five
percent
(5%)
of
the
monetary
value
of
the
amount
not
reported,
35
rounded
up
to
the
nearest
whole
number.
The
secretary
of
state
shall
deposit
36
any
civil
fines
collected
pursuant
to
this
section
in
the
general
fund.
The
37
burden
of
proof
for
such
civil
liability
shall
be
met
by
showing
a
preponder
-
38
ance
of
the
evidence.
39
(2)
In
addition
to
the
fines
set
forth
in
subsection
(1)
of
this
sec
-
40
tion,
any
person
who
knowingly
and
willfully
fails
to
file
a
report
required
41
by
this
chapter
is
guilty
of
a
misdemeanor
and,
upon
conviction,
may
be
im
-
42
prisoned
for
up
to
six
(6)
months.
43
74
-
3
-
504.
LATE
FILING
OF
REPORT
-
-
FEES.
(1)
If
any
person
registered
44
with
the
secretary
of
state
fails
to
file
a
report
required
by
this
chap
-
45
ter
on
or
before
the
prescribed
deadline,
such
person
shall
be
liable
to
the
46
secretary
of
state
for
a
late
fee
in
the
amount
of
fifty
dollars
($50.00)
47

27
plus
ten
dollars
($10.00)
for
each
day
until
the
report
is
filed,
which
fee
1
shall
be
deposited
in
the
general
fund.
The
late
fee
shall
not
exceed
a
to
-
2
tal
of
one
thousand
dollars
($1,000).
Such
fees
shall
be
assessed
begin
-
3
ning
forty
-
eight
(48)
hours
after
the
deadline
and
extend
until
the
report
4
is
filed.
The
secretary
of
state
shall
notify
the
person
and
the
political
5
treasurer,
if
any,
that
a
late
fee
has
been
assessed
and
will
continue
to
ac
-
6
crue
until
the
report
has
been
filed.
The
notification
shall
be
made
by
tele
-
7
phone
or
electronic
means
within
twenty
-
four
(24)
hours
of
the
missed
filing
8
deadline.
9
(2)
The
remedy
provided
in
this
section
is
cumulative
and
does
not
ex
-
10
clude
any
other
remedy
or
penalty
prescribed
in
this
chapter.
1
1
74
-
3
-
505.
OTHER
VIOLATIONS
-
-
CIVIL
FINES
-
-
MISDEMEANOR.
(1)
Except
12
as
otherwise
provided
in
subsection
(2)
of
this
section,
any
person
who
vi
-
13
olates
a
provision
of
this
chapter
that
does
not
pertain
to
the
failure
to
14
file
a
report
or
the
late
filing
of
a
report
shall
be
liable
to
the
secretary
15
of
state
for
a
civil
fine
in
the
amount
of
two
thousand
five
hundred
dollars
16
($2,500),
plus
five
percent
(5%)
of
the
monetary
value
of
the
amount
of
the
17
expenditure
related
to
the
violation,
if
applicable,
rounded
up
to
the
near
-
18
est
whole
number.
The
secretary
of
state
shall
deposit
any
civil
fines
col
-
19
lected
pursuant
to
this
section
in
the
general
fund.
The
burden
of
proof
for
20
such
civil
liability
shall
be
met
by
showing
a
preponderance
of
the
evidence.
21
(2)
Any
person
who
knowingly
and
willfully
commits
a
violation
of
a
pro
-
22
vision
of
this
chapter
that
does
not
pertain
to
the
failure
to
file
a
report
23
or
the
late
filing
of
a
report
is
guilty
of
a
misdemeanor
and,
upon
convic
-
24
tion,
may
be
imprisoned
for
up
to
six
(6)
months.
25
74
-
3
-
506.
ENFORCEMENT
OF
CIVIL
FINES
AND
LATE
FEES.
If
any
civil
fine
26
or
late
fee
prescribed
under
this
part
is
not
paid
within
sixty
(60)
days
fol
-
27
lowing
notice
from
the
secretary
of
state's
office,
the
secretary
of
state
28
may
publish
the
delinquent
accounts
on
the
public
campaign
finance
website.
29
Any
civil
fine
or
late
fee
remaining
unpaid
after
sixty
(60)
days
following
30
notice
from
the
secretary
of
state's
office
may
be
referred
to
the
office
of
31
the
attorney
general
or
to
the
appropriate
prosecuting
attorney
for
collec
-
32
tion.
33
74
-
3
-
507.
PROSECUTION
-
-
LIMITATION
-
-
VENUE.
(1)
The
attorney
gen
-
34
eral
may
prosecute
any
violations
of
this
chapter.
35
(2)
Prosecution
for
a
civil
or
misdemeanor
violation
of
this
chapter
36
must
be
commenced
within
two
(2)
years
after
the
date
on
which
the
violation
37
occurred.
Prosecution
for
a
felony
violation
of
this
chapter
must
be
com
-
38
menced
pursuant
to
the
provisions
of
section
19
-
402,
Idaho
Code.
39
(3)
Venue
for
prosecution
under
the
provisions
of
this
chapter
shall
be
40
in
the
county
of
residence
of
the
defendant
if
the
defendant
is
a
resident
of
41
the
state
of
Idaho,
otherwise
venue
shall
be
in
Ada
county.
42
74
-
3
-
508.
INJUNCTIONS.
The
district
courts
of
this
state
shall
have
43
original
jurisdiction
to
issue
injunctions
to
enforce
the
provisions
of
this
44
chapter
upon
application
by
any
citizen
of
this
state,
by
the
secretary
of
45
state,
or
by
a
county
clerk.
The
court
may
in
its
discretion
require
the
46

28
citizen
plaintiff
to
file
a
written
complaint
with
the
secretary
of
state
1
or
county
clerk
prior
to
seeking
injunctive
relief.
A
successful
plaintiff
2
is
entitled
to
be
reimbursed
for
reasonable
costs
of
litigation,
including
3
reasonable
attorney's
fees,
by
the
person
or
persons
named
defendant
in
such
4
injunctive
action.
A
successful
defendant
is
entitled
to
be
reimbursed
for
5
reasonable
costs
of
litigation,
including
reasonable
attorney's
fees,
if
6
the
court
determines
that
the
plaintiff's
action
was
without
substantial
7
merit.
8
74
-
3
-
509.
SEVERABILITY.
If
any
provision
of
this
chapter
or
its
ap
-
9
plication
to
any
person
or
circumstance
is
held
invalid,
the
remainder
of
10
the
chapter
or
the
application
of
the
provision
to
other
persons
or
circum
-
1
1
stances
is
not
affected.
12
74
-
3
-
510.
CONSTRUCTION.
The
provisions
of
this
chapter
are
to
be
lib
-
13
erally
construed
to
effectuate
the
policies
and
purposes
of
this
chapter.
In
14
the
event
of
conflict
between
the
provisions
of
this
chapter
and
any
other
15
chapter,
the
provisions
of
this
chapter
shall
govern.
16
SECTION
7.
That
Chapter
18,
Title
34,
Idaho
Code,
be,
and
the
same
is
17
hereby
amended
by
the
addition
thereto
of
a
NEW
SECTION
,
to
be
known
and
des
-
18
ignated
as
Section
34
-
1807A,
Idaho
Code,
and
to
read
as
follows:
19
34
-
1807A.
DISCLOSURE
OF
PAYMENTS
MADE
TO
SIGNATURE
GATHERERS.
(1)
Any
20
person
who
pays
or
provides
other
valuable
consideration
in
an
aggregate
21
amount
of
one
hundred
dollars
($100)
or
more
to
another
person
or
persons
in
22
exchange
for
their
actions
or
intended
actions
of
gathering
signatures
on
a
23
ballot
initiative
petition
or
referendum
shall
file
a
report
of
the
expendi
-
24
ture
with
the
secretary
of
state.
25
(2)
The
provisions
of
this
section
shall
apply
beginning
on
the
date
26
that
the
ballot
initiative
or
referendum
petitioners
receive
from
the
secre
-
27
tary
of
state
the
official
ballot
title
for
which
the
person
is
paying
to
have
28
signatures
gathered
and
shall
continue
for
as
long
as
the
filer
makes
pay
-
29
ments
to
a
signature
gatherer
or
gatherers.
30
(3)
Reports
shall
be
filed
on
or
before
the
twentieth
day
of
the
month
31
following
the
month
during
which
the
payments
to
the
signature
gatherers
32
were
made.
33
(4)
The
report
shall
contain
the
following
information:
34
(a)
The
name
and
address
of
any
signature
gatherer
to
whom
a
payment
35
in
excess
of
fifty
dollars
($50.00)
has
been
made
during
the
reported
36
month;
and
37
(b)
The
total
sum
of
all
payments
made
to
signature
gatherers
in
the
ag
-
38
gregate
during
the
reported
month.
39
(5)
In
addition
to
the
reports
filed
under
subsection
(3)
of
this
sec
-
40
tion,
any
person
who
pays
a
signature
gatherer
or
gatherers
an
aggregate
41
amount
of
one
thousand
dollars
($1,000)
or
more
shall
file
a
notice
of
the
42
expenditures
with
the
secretary
of
state
within
forty
-
eight
(48)
hours
of
43
making
the
expenditure.
The
notice
shall
include
the
information
required
44
under
subsection
(4)
of
this
section.
45
(6)
The
secretary
of
state
shall
prescribe
the
form
of
the
report
re
-
46
quired
under
this
section.
The
powers
and
duties
of
the
secretary
of
state
47

29
set
forth
in
part
5,
chapter
3,
title
74,
Idaho
Code,
shall
apply
and
be
1
available
to
the
secretary
of
state
for
enforcement
of
the
provisions
of
this
2
section.
3
SECTION
8.
That
Section
19
-
5904,
Idaho
Code,
be,
and
the
same
is
hereby
4
amended
to
read
as
follows:
5
19
-
5904.
STATE
APPELLATE
PUBLIC
DEFENDER
-
-
APPOINTMENT
-
-
TERM
-
-
6
QUALIFICATIONS
-
-
PROHIBITED
CONDUCT
-
-
REMOVAL
-
-
VACANCIES
-
-
COMPEN
-
7
SATION.
(1)
The
state
appellate
public
defender
shall
be
appointed
by
the
8
governor,
with
the
advice
and
consent
of
the
senate,
to
serve
a
four
(4)
year
9
term
and
may
be
reappointed
to
subsequent
terms
in
the
same
manner.
10
(2)
The
state
appellate
public
defender
must
meet
the
following
quali
-
1
1
fications
on
the
effective
date
of
his
appointment:
12
(a)
Be
at
least
thirty
(30)
years
of
age;
13
(b)
Be
a
citizen
of
the
United
States;
14
(c)
Have
held
a
license
to
practice
law
or
a
judicial
office
in
one
(1)
15
or
more
jurisdictions
of
the
United
States
for
at
least
five
(5)
contin
-
16
uous
years
immediately
preceding
such
appointment;
17
(d)
Be
or
become
an
active
member
of
the
Idaho
state
bar
within
one
(1)
18
year
of
appointment
and
remain
an
active
member
in
good
standing
there
-
19
after;
and
20
(e)
Have
at
least
five
(5)
years
of
criminal
defense
or
appellate
expe
-
21
rience,
or
a
combination
thereof.
22
(3)
The
state
appellate
public
defender
shall
not:
23
(a)
Engage
in
the
practice
of
law
outside
his
role
in
the
office
of
the
24
state
appellate
public
defender,
except
for
the
practice
of
law
that
is
25
permitted
for
a
judge
by
the
Idaho
code
of
judicial
conduct;
26
(b)
Hold
or
be
a
candidate
for
any
federal,
state,
county,
municipal,
27
judicial,
district,
or
other
elective
office;
provided,
however,
this
28
section
shall
not
be
interpreted
to
prohibit
the
state
appellate
public
29
defender
from
seeking
appointment
to
another
office,
including
state
or
30
federal
judicial
office;
31
(c)
Serve
as
the
agent,
representative,
officer,
political
treasurer,
32
or
employee,
for
profit
or
otherwise,
of
any
political
party,
political
33
committee,
or
candidate,
as
such
terms
are
defined
in
chapter
66,
title
34
67
chapter
3,
title
74
,
Idaho
Code;
or
35
(d)
Hold
any
other
public
or
private
sector
position,
for
profit
or
oth
-
36
erwise,
except
for
volunteer
positions
that
are
not
inconsistent
with
37
the
duties
of
the
state
appellate
public
defender.
38
(4)
The
state
appellate
public
defender
may
be
removed
from
office
by
39
the
governor
for
failing
to
retain
the
qualifications
of
his
office
estab
-
40
lished
in
subsection
(2)
of
this
section,
for
engaging
in
prohibited
conduct
41
set
forth
in
subsection
(3)
of
this
section,
or
for
good
cause
shown.
If
the
42
state
appellate
public
defender
is
removed
from
office,
the
governor
shall
43
provide
the
house
of
representatives
and
the
senate
written
notice
of
the
re
-
44
moval,
the
effective
date
of
removal,
and
the
reason
or
reasons
therefor.
45
(5)
If
the
state
appellate
public
defender
resigns,
dies,
or
is
removed
46
from
office
as
provided
by
law,
the
governor
shall
appoint
a
person
who
meets
47
the
qualifications
established
in
this
section,
subject
to
the
advice
and
48
consent
of
the
senate,
to
fill
the
remainder
of
the
unexpired
term.
49

30
(6)
The
state
appellate
public
defender
shall
be
compensated
in
an
1
amount
determined
by
the
governor.
2
SECTION
9.
That
Section
19
-
6004,
Idaho
Code,
be,
and
the
same
is
hereby
3
amended
to
read
as
follows:
4
19
-
6004.
STATE
PUBLIC
DEFENDER
-
-
APPOINTMENT
-
-
TERM
-
-
PROHIBITED
5
CONDUCT
-
-
REMOVAL
-
-
VACANCIES
-
-
REAPPOINTMENT
-
-
COMPENSATION.
(1)
The
6
state
public
defender
shall
reside
in
the
office
of
the
state
public
defender
7
and
shall
be
appointed
by
the
governor,
in
a
manner
consistent
with
subsec
-
8
tion
(6)
of
this
section,
to
serve
a
four
(4)
year
term.
9
(2)
The
state
public
defender
must
meet
the
following
qualifications
on
10
the
effective
date
of
appointment:
1
1
(a)
Be
at
least
thirty
(30)
years
of
age;
12
(b)
Be
a
citizen
of
the
United
States;
13
(c)
Have
held
a
license
to
practice
law
or
a
judicial
office
in
one
(1)
14
or
more
jurisdictions
of
the
United
States
for
at
least
five
(5)
contin
-
15
uous
years
immediately
preceding
the
appointment;
16
(d)
Be
or
become
an
active
member
of
the
Idaho
state
bar
within
one
(1)
17
year
of
appointment
and
remain
an
active
member
in
good
standing
there
-
18
after;
and
19
(e)
Have
at
least
five
(5)
years
of
criminal
defense
experience.
20
(3)
The
state
public
defender
shall
not:
21
(a)
Engage
in
the
practice
of
law
outside
his
role
in
the
office
of
the
22
state
public
defender,
except
for
the
practice
of
law
that
is
permitted
23
for
a
judge
by
the
Idaho
code
of
judicial
conduct;
24
(b)
Hold
or
be
a
candidate
for
any
federal,
state,
county,
municipal,
25
judicial,
district,
or
other
elective
office;
provided,
however,
this
26
paragraph
does
not
prohibit
the
state
public
defender
from
seeking
ap
-
27
pointment
to
another
office,
including
state
or
federal
judicial
of
-
28
fice;
29
(c)
Serve
as
the
agent,
representative,
officer,
political
treasurer,
30
or
employee,
whether
for
profit
or
otherwise,
of
any
political
party,
31
political
committee,
or
candidate,
as
such
terms
are
defined
in
chapter
32
1,
title
34,
Idaho
Code,
and
chapter
66,
title
67
chapter
3,
title
74
,
33
Idaho
Code;
or
34
(d)
Hold
any
other
public
or
private
sector
position,
for
profit
or
oth
-
35
erwise,
except
for
volunteer
positions
that
are
not
inconsistent
with
36
the
duties
of
the
state
public
defender.
37
(4)
The
state
public
defender
may
be
removed
from
office
by
the
gover
-
38
nor
for
failing
to
retain
the
qualifications
of
his
office
provided
in
sub
-
39
section
(2)
of
this
section,
for
engaging
in
prohibited
conduct
set
forth
in
40
subsection
(3)
of
this
section,
or
for
good
cause
shown.
If
the
state
pub
-
41
lic
defender
is
removed
from
office,
the
governor
shall
provide
the
house
of
42
representatives
and
the
senate
written
notice
of
the
removal,
the
effective
43
date
of
removal,
and
the
reason
or
reasons
therefor.
44
(5)
If
the
state
public
defender
resigns,
dies,
or
is
removed
from
of
-
45
fice
as
provided
by
law,
the
governor
shall
appoint
a
person
who
meets
the
46
qualifications
established
in
this
section,
in
a
manner
consistent
with
sub
-
47
section
(6)
of
this
section,
to
fill
the
unexpired
term.
48

31
(6)
The
governor
shall
appoint
a
state
public
defender
in
the
following
1
manner:
2
(a)
Whenever
a
vacancy
arises
in
the
position
of
state
public
defender,
3
the
governor
shall
appoint
a
panel
with
seven
(7)
members,
with
one
4
(1)
panel
member
appointed
from
the
membership
of
each
of
the
seven
(7)
5
district
magistrates
commissions.
Not
less
than
two
(2)
but
not
more
6
than
(3)
panel
members
shall
be
attorneys,
not
more
than
two
(2)
but
not
7
less
than
one
(1)
panel
member
shall
be
a
county
commissioner,
and
one
8
(1)
member
shall
be
a
mayor.
The
governor
shall
not
appoint
to
the
panel
9
any
member
of
a
district
magistrates
commission
who
is
a
judge,
who
is
10
employed
as
a
criminal
prosecutor,
or
who
otherwise
prosecutes
or
aids
1
1
in
the
prosecution
of
criminal
cases,
or
any
person
employed
in
a
law
12
enforcement
agency.
The
governor
shall
select
a
member
of
the
panel
to
13
serve
as
chairman.
The
provisions
of
section
1
-
2203B(4),
Idaho
Code,
14
regarding
current
or
former
law
partners
shall
apply
to
any
attorney
15
serving
on
the
panel.
Members
of
the
panel
shall
be
compensated
by
the
16
office
of
the
state
public
defender
as
provided
in
section
59
-
509(b),
17
Idaho
Code.
18
(b)
It
shall
be
the
duty
of
the
panel
to
recruit
applicants,
review
can
-
19
didates,
and
submit
to
the
governor
a
list
of
not
less
than
three
(3),
20
but
not
more
than
five
(5),
attorneys
who
meet
the
qualifications
es
-
21
tablished
in
this
chapter,
and
the
governor
shall
appoint
the
state
pub
-
22
lic
defender
from
the
list,
with
the
advice
and
consent
of
the
senate.
23
If
three
(3)
qualified
candidates
or
fewer
apply,
the
panel
shall
sub
-
24
mit
all
applicants
to
the
governor
and
may
communicate
to
the
governor
25
or
the
governor's
representative,
in
executive
session
pursuant
to
sec
-
26
tion
74
-
206(1)(a),
Idaho
Code,
a
ranking
of
the
applicants,
and
the
gov
-
27
ernor
shall
appoint
the
state
public
defender
from
the
list,
with
the
28
advice
and
consent
of
the
senate.
The
governor
and
the
office
of
the
29
state
public
defender
may
assist
the
panel
in
drawing
the
largest
pool
30
of
qualified
applicants.
31
(c)
Once
the
governor
appoints
the
state
public
defender,
the
panel
32
shall
disband
until
reconstituted
by
the
governor
consistent
with
this
33
section.
34
(7)
When
the
state
public
defender's
term
expires
under
the
law,
the
35
governor
may
reappoint
the
state
public
defender
to
subsequent
four
(4)
year
36
terms,
with
the
advice
and
consent
of
the
senate,
or
the
governor
may
con
-
37
stitute
a
panel
consistent
with
subsection
(6)
of
this
section
to
nominate
38
candidates
and
appoint
a
state
public
defender
from
the
list
produced
by
the
39
panel,
with
the
advice
and
consent
of
the
senate.
40
(8)
The
state
public
defender
shall
be
compensated
in
an
amount
deter
-
41
mined
by
the
governor.
42
SECTION
10.
That
Section
44
-
2602,
Idaho
Code,
be,
and
the
same
is
hereby
43
amended
to
read
as
follows:
44
44
-
2602.
DEFINITIONS.
(1)
As
used
in
this
chapter
the
following
terms
45
have
the
following
meanings:
46
(a)
"Ballot
proposition"
includes
initiatives,
referenda,
proposed
47
constitutional
amendments,
and
any
other
items
submitted
to
the
voters
48
for
their
approval
or
rejection.
49

32
(b)
"Filing
entity"
means
a
candidate,
officeholder,
political
commit
-
1
tee,
political
party,
and
each
other
entity
required
to
report
contri
-
2
butions
under
chapter
66,
title
67
chapter
3,
title
74
,
Idaho
Code.
3
(c)
"Fund"
means
the
separate
segregated
fund
established
by
a
labor
4
organization
for
political
purposes
according
to
the
procedures
and
re
-
5
quirements
of
this
chapter.
6
(d)(i)
"Labor
organization"
means
any
association
or
organi
-
7
zation
of
employees,
and
any
agency,
employee
representation
8
committee,
or
plan
in
which
employees
participate
that
exists,
in
9
whole
or
in
part,
to
advocate
on
behalf
of
employees
about
griev
-
10
ances,
labor
disputes,
wages,
rates
of
pay,
hours
of
employment
or
1
1
conditions
of
employment.
12
(ii)
Except
as
provided
in
subsection
(1)(d)(iii)
of
this
sec
-
13
tion,
"labor
organization"
includes
each
employee
association
and
14
union
for
employees
of
public
and
private
sector
employers.
15
(iii)
"Labor
organization"
does
not
include
organizations
gov
-
16
erned
by
the
national
labor
relations
act,
29
U.S.C.
section
151,
17
et
seq.
or
the
railway
labor
act,
45
U.S.C.
section
151,
et
seq.
18
(e)
"Political
activities"
means
electoral
activities,
independent
19
expenditures,
or
expenditures
made
to
any
candidate,
political
party,
20
political
action
committee
or
political
issues
committee
or
in
support
21
of
or
against
any
ballot
measure.
22
(f)
"Union
dues"
means
dues,
fees
or
other
moneys
required
as
a
condi
-
23
tion
of
membership
in
a
labor
organization.
24
(2)
Other
terms
defined
in
chapter
66,
title
67
chapter
3,
title
74
,
25
Idaho
Code,
apply
to
this
chapter.
26
SECTION
11.
That
Section
44
-
2605,
Idaho
Code,
be,
and
the
same
is
hereby
27
amended
to
read
as
follows:
28
44
-
2605.
REGISTRATION
-
-
DISCLOSURE.
Each
fund
established
by
a
labor
29
organization
under
this
chapter
shall:
30
(1)
Register
as
a
political
committee
as
required
by
chapter
66,
title
31
67
chapter
3,
title
74
,
Idaho
Code;
and
32
(2)
File
the
financial
reports
for
political
committees
required
by
33
chapter
66,
title
67
chapter
3,
title
74
,
Idaho
Code.
34
SECTION
12.
That
Section
50
-
2006,
Idaho
Code,
be,
and
the
same
is
hereby
35
amended
to
read
as
follows:
36
50
-
2006.
URBAN
RENEWAL
AGENCY
-
-
AUTHORIZATION
-
-
DISSOLUTION.
37
(1)(a)
There
is
hereby
created
in
each
municipality
an
independent
pub
-
38
lic
body
corporate
and
politic
to
be
known
as
the
"urban
renewal
agency"
39
that
was
created
by
resolution
as
provided
in
section
50
-
2005,
Idaho
40
Code,
before
July
1,
2011,
for
the
municipality;
provided,
that
such
41
agency
shall
not
transact
any
business
or
exercise
its
powers
hereunder
42
until
or
unless
the
local
governing
body
has
made
the
findings
pre
-
43
scribed
in
section
50
-
2005,
Idaho
Code.
44
(b)
An
urban
renewal
agency
created
after
July
1,
2011,
shall
not
trans
-
45
act
any
business
or
exercise
its
powers
provided
for
in
this
chapter
46
until
a
majority
of
qualified
electors,
voting
in
a
citywide
or
coun
-
47

33
tywide
election,
depending
on
the
municipality
in
which
such
agency
is
1
created,
vote
to
authorize
such
agency
to
transact
business
and
exer
-
2
cise
its
powers
provided
for
in
this
chapter.
If
prior
to
July
1,
2011,
3
the
local
governing
body
has
made
the
findings
prescribed
in
paragraph
4
(a)
of
this
subsection,
then
such
agency
shall
transact
business
and
5
shall
exercise
its
powers
hereunder
and
is
not
subject
to
the
require
-
6
ments
of
this
paragraph.
7
(2)
Upon
satisfaction
of
the
requirements
under
subsection
(1)
of
this
8
section,
the
urban
renewal
agency
is
authorized
to
transact
the
business
and
9
exercise
the
powers
hereunder
by
a
board
of
commissioners
to
be
established
10
as
follows:
1
1
(a)
Unless
provided
otherwise
in
this
section,
the
mayor,
by
and
with
12
the
advice
and
consent
of
the
local
governing
body,
shall
appoint
a
13
board
of
commissioners
of
the
urban
renewal
agency,
which
shall
consist
14
of
not
less
than
three
(3)
commissioners
nor
more
than
nine
(9)
commis
-
15
sioners.
In
the
order
of
appointment,
the
mayor
shall
designate
the
16
number
of
commissioners
to
be
appointed,
and
the
term
of
each,
provided
17
that
the
original
term
of
office
of
no
more
than
two
(2)
commissioners
18
shall
expire
in
the
same
year.
The
commissioners
shall
serve
for
terms
19
not
to
exceed
five
(5)
years,
from
the
date
of
appointment,
except
that
20
all
vacancies
shall
be
filled
for
the
unexpired
term.
21
(b)
For
inefficiency
or
neglect
of
duty
or
misconduct
in
office,
a
com
-
22
missioner
may
be
removed
by
a
majority
vote
of
the
local
governing
body
23
only
after
a
hearing
and
after
he
shall
have
been
given
a
copy
of
the
24
charges
at
least
ten
(10)
days
prior
to
such
hearing
and
have
had
an
op
-
25
portunity
to
be
heard
in
person
or
by
counsel.
Any
commission
position
26
that
becomes
vacant
at
a
time
other
than
the
expiration
of
a
term
shall
27
be
filled
by
the
mayor
or
chair
of
the
board
of
county
commissioners,
if
28
that
is
the
local
governing
body,
by
and
with
the
advice
and
consent
of
29
the
local
governing
body,
including
the
mayor,
if
applicable,
and
shall
30
be
filled
for
the
unexpired
term.
31
(c)
By
enactment
of
an
ordinance,
the
local
governing
body
may
appoint
32
and
designate,
from
among
its
members,
members
of
the
board
of
commis
-
33
sioners
of
the
urban
renewal
agency,
provided
that
such
representation
34
shall
be
less
than
a
majority
of
the
board
of
commissioners
of
the
urban
35
renewal
agency
of
the
members
of
the
local
governing
body
on
and
after
36
July
1,
2017,
in
which
case
all
the
rights,
powers,
duties,
privileges,
37
and
immunities
vested
by
the
urban
renewal
law
of
1965,
and
as
amended,
38
in
an
appointed
board
of
commissioners,
shall
be
vested
in
the
local
39
governing
body,
which
shall,
in
all
respects
when
acting
as
an
urban
re
-
40
newal
agency,
be
acting
as
an
arm
of
state
government,
entirely
separate
41
and
distinct
from
the
municipality,
to
achieve,
perform,
and
accomplish
42
the
public
purposes
prescribed
and
provided
by
said
urban
renewal
law
of
43
1965,
and
as
amended.
44
(d)
By
enactment
of
an
ordinance,
the
local
governing
body
may
termi
-
45
nate
the
appointed
board
of
commissioners
and
thereby
appoint
and
des
-
46
ignate
itself
as
the
board
of
commissioners
of
the
urban
renewal
agency
47
for
not
more
than
one
(1)
calendar
year.
48
(e)
By
enactment
of
an
ordinance,
the
local
governing
body
may
provide
49
that
the
board
of
commissioners
of
the
urban
renewal
agency
shall
be
50

34
elected
at
an
election
held
for
such
purpose
on
one
(1)
of
the
November
1
dates
provided
in
section
34
-
106,
Idaho
Code,
and
the
ordinance
may
pro
-
2
vide
term
limits
for
the
commissioners.
In
this
case,
all
the
rights,
3
powers,
duties,
privileges,
and
immunities
vested
by
the
urban
renewal
4
law
of
1965,
and
as
amended,
in
an
appointed
board
of
commissioners,
5
shall
be
vested
in
the
elected
board
of
commissioners
of
the
urban
6
renewal
agency,
which
shall,
in
all
respects
when
acting
as
an
urban
re
-
7
newal
agency,
be
acting
as
an
arm
of
state
government,
entirely
separate
8
and
distinct
from
the
municipality,
to
achieve,
perform,
and
accomplish
9
the
public
purposes
prescribed
and
provided
by
said
urban
renewal
law
10
of
1965,
and
as
amended.
The
provisions
of
chapter
66,
title
67
chapter
1
1
3,
title
74
,
Idaho
Code,
shall
apply
to
elected
commissioners,
and
the
12
county
election
law
shall
apply
to
the
person
running
for
commissioner
13
as
if
the
person
were
running
for
county
commissioner.
In
the
event
of
a
14
vacancy
in
an
elected
commissioner
position,
the
replacement
shall
be
15
appointed
by
the
mayor
or
chair
of
the
board
of
county
commissioners,
if
16
that
is
the
local
governing
body,
by
and
with
the
advice
and
consent
of
17
the
local
governing
body,
and
shall
be
filled
for
the
unexpired
term.
18
(3)
In
all
instances,
a
member
of
the
board
of
commissioners
of
the
ur
-
19
ban
renewal
agency
must
be
a
resident
of
the
county
where
the
urban
renewal
20
agency
is
located
or
is
doing
business.
21
(4)
A
commissioner
shall
receive
no
compensation
for
his
services
but
22
shall
be
entitled
to
the
necessary
expenses,
including
travel
expenses,
in
-
23
curred
in
the
discharge
of
his
duties.
Each
commissioner
shall
hold
office
24
until
his
successor
has
been
appointed
and
has
qualified.
A
certificate
of
25
the
appointment
or
reappointment
of
any
commissioner
shall
be
filed
with
the
26
clerk
of
the
municipality
and
such
certificate
shall
be
conclusive
evidence
27
of
the
due
and
proper
appointment
of
such
commissioner.
28
(5)(a)
The
powers
of
an
urban
renewal
agency
shall
be
exercised
by
the
29
commissioners
thereof.
A
majority
of
the
commissioners
shall
consti
-
30
tute
a
quorum
for
the
purpose
of
conducting
business
and
exercising
the
31
powers
of
the
agency
and
for
all
other
purposes.
Action
may
be
taken
by
32
the
agency
upon
a
vote
of
a
majority
of
the
commissioners
present,
un
-
33
less
in
any
case
the
bylaws
shall
require
a
larger
number.
34
(b)
The
commissioners
shall
elect
the
chairman,
cochairman,
or
vice
35
chairman
for
a
term
of
one
(1)
year
from
among
their
members.
An
agency
36
may
employ
an
executive
director,
technical
experts,
and
such
other
37
agents
and
employees,
permanent
and
temporary,
as
it
may
require,
and
38
determine
their
qualifications,
duties,
and
compensation.
For
such
39
legal
service
as
it
may
require,
an
agency
may
employ
or
retain
its
own
40
counsel
and
legal
staff.
41
(c)
An
agency
authorized
to
transact
business
and
exercise
powers
un
-
42
der
this
chapter
shall
file,
with
the
local
governing
body,
on
or
be
-
43
fore
March
31
of
each
year
a
report
of
its
activities
for
the
preced
-
44
ing
calendar
year,
which
report
shall
include
the
financial
data
and
au
-
45
dit
reports
required
under
sections
67
-
1075
and
67
-
1076,
Idaho
Code.
46
The
agency
shall
be
required
to
hold
a
public
meeting
to
report
these
47
findings
and
take
comments
from
the
public.
At
the
time
of
filing
the
48
report,
the
agency
shall
publish
in
a
newspaper
of
general
circulation
49
in
the
community
a
notice
to
the
effect
that
such
report
has
been
filed
50

35
with
the
municipality
and
the
state
controller
and
that
the
report
is
1
available
for
inspection
during
business
hours
in
the
office
of
the
city
2
clerk
or
county
recorder,
in
the
office
of
the
agency,
and
at
all
times
3
on
the
website
of
the
state
controller.
4
(d)
An
urban
renewal
agency
shall
have
the
same
fiscal
year
as
a
mu
-
5
nicipality
and
shall
be
subject
to
the
same
audit
requirements
as
a
mu
-
6
nicipality.
An
urban
renewal
agency
shall
be
required
to
prepare
and
7
file
with
its
local
governing
body
an
annual
financial
report
and
shall
8
prepare,
approve,
and
adopt
an
annual
budget
for
filing
with
the
local
9
governing
body,
for
informational
purposes.
A
budget
means
an
annual
10
estimate
of
revenues
and
expenses
for
the
following
fiscal
year
of
the
1
1
agency.
12
(6)
An
urban
renewal
agency
shall
comply
with
the
public
records
law
13
pursuant
to
chapter
1,
title
74,
Idaho
Code,
open
meetings
law
pursuant
to
14
chapter
2,
title
74,
Idaho
Code,
the
ethics
in
government
law
pursuant
to
15
chapter
4,
title
74,
Idaho
Code,
and
the
competitive
bidding
provisions
of
16
chapter
28,
title
67,
Idaho
Code.
17
(7)
A
local
governing
body
that
has
created
an
urban
renewal
agency
may
18
dissolve
the
urban
renewal
agency
by
the
enactment
of
an
ordinance
as
pro
-
19
vided
in
this
subsection.
Before
such
local
governing
body
may
dissolve
an
20
urban
renewal
agency,
it
shall
adopt
a
resolution
of
intent
to
dissolve
the
21
urban
renewal
agency,
which
resolution
shall
be
transmitted
to
the
urban
re
-
22
newal
agency.
Upon
the
adoption
of
the
resolution
of
intent
to
dissolve,
23
the
urban
renewal
agency
shall
no
longer
have
any
authority
to
initiate
any
24
new
urban
renewal
projects
or
to
take
on
any
additional
financial
obliga
-
25
tions
other
than
such
obligations
as
are
necessary
to
wind
down
its
affairs.
26
The
local
governing
body
and
the
board
of
commissioners
of
the
urban
renewal
27
agency
shall
then
participate
in
a
joint
meeting
to
discuss
dissolution.
If
28
following
the
joint
meeting
the
local
governing
body
of
an
authorized
munic
-
29
ipality
makes
a
finding
that
there
no
longer
exists
a
need
for
the
urban
re
-
30
newal
agency
in
the
municipality,
the
local
governing
body
shall
provide,
by
31
ordinance,
for
a
dissolution
of
the
agency.
The
ordinance
shall
be
effec
-
32
tive
upon
publication.
The
ordinance
shall
be
recorded
in
the
real
property
33
records
of
the
county
in
which
the
agency
operated.
The
local
governing
body
34
shall
transmit
a
copy
of
the
recorded
dissolution
ordinance
to
the
urban
re
-
35
newal
agency,
the
county
clerk,
and
the
state
tax
commission
within
ten
(10)
36
business
days
of
the
recording
date.
Upon
dissolution
of
the
urban
renewal
37
agency,
title
to
all
property
of
the
urban
renewal
agency
shall
revert
to
the
38
municipality.
39
SECTION
13.
That
Section
67
-
5282,
Idaho
Code,
be,
and
the
same
is
hereby
40
amended
to
read
as
follows:
41
67
-
5282.
DUTIES
AND
PROHIBITED
CONDUCT
OF
THE
CHIEF
ADMINISTRATIVE
42
LAW
JUDGE.
(1)
The
chief
administrative
law
judge
shall:
43
(a)
Serve
as
the
administrator
of
the
office
of
administrative
hear
-
44
ings;
45
(b)
Conduct
such
contested
case
proceedings
and
such
other
proceedings
46
as
are
conducted
by
the
office
of
administrative
hearings
in
accordance
47
with
section
67
-
5280(2)(a)
and
(b),
Idaho
Code;
48

36
(c)
Devote
full
-
time
to
the
office
of
administrative
hearings
and
his
1
obligations
as
chief
administrative
law
judge;
2
(d)
Subject
to
applicable
law
and
regulation,
appoint,
supervise,
and
3
remove
administrative
law
judges
and
staff
as
he
deems
appropriate
to
4
the
proper
functioning
of
the
office
of
administrative
hearings,
deter
-
5
mine
the
duties
of
such
appointees
as
he
deems
appropriate,
and,
from
6
among
the
administrative
law
judges
employed
by
the
office
of
adminis
-
7
trative
hearings,
designate
a
deputy
chief
administrative
law
judge
to
8
act
in
place
of
the
chief
administrative
law
judge
when
the
chief
admin
-
9
istrative
law
judge
is
unable
to
perform
his
duties;
10
(e)
Have
the
authority
to
promulgate
rules,
pursuant
to
the
provisions
1
1
of
this
chapter,
to
implement
sections
67
-
5280
through
67
-
5286,
Idaho
12
Code;
13
(f)
Establish
a
hearing
officer
code
of
conduct
that
shall,
among
other
14
things,
provide
for
independent
and
unbiased
decision
-
making
by
hear
-
15
ing
officers
both
as
perceived
and
in
fact
and
provide
for
a
system
to
16
monitor
compliance
with,
and
sanction
violations
of,
the
hearing
offi
-
17
cer
code
of
conduct;
18
(g)
Protect
and
ensure
the
decisional
independence
of
administrative
19
law
judges
and
independent
contractor
hearing
officers;
20
(h)
Implement
a
system
for
monitoring
the
quality
of
contested
case
21
proceedings
and
such
other
proceedings
as
are
conducted
by
the
office
of
22
administrative
hearings
in
accordance
with
section
67
-
5280(2)(a)
and
23
(b),
Idaho
Code;
24
(i)
At
his
discretion,
unless
otherwise
prohibited
by
state
or
federal
25
law,
retain
independent
contractor
hearing
officers
at
reasonable
and
26
consistent
rates
of
compensation;
provided
that
an
independent
con
-
27
tractor
hearing
officer
with
specialized
expertise
may
be
compensated
28
at
a
higher
rate
if
such
expertise
is
necessary
to
the
proper
adjudica
-
29
tion
of
the
case
and
such
higher
rate
of
compensation
is
necessary
in
30
order
to
obtain
such
expertise;
and
31
(j)
Contract
with
agencies
to
conduct
such
adjudicatory
hearings,
me
-
32
diations,
and
arbitrations
authorized
by
section
67
-
5280(2)(b),
Idaho
33
Code.
34
(2)
The
chief
administrative
law
judge
shall
not:
35
(a)
Engage
in
the
practice
of
law
outside
of
his
role
in
the
office
of
36
administrative
hearings,
except
for
the
practice
of
law
that
is
permit
-
37
ted
for
a
judge
by
the
Idaho
code
of
judicial
conduct
and
is
not
incon
-
38
sistent
with
the
code
of
conduct
or
his
duties
as
chief
administrative
39
law
judge;
40
(b)
Hold,
or
be
a
candidate
for,
any
federal,
state,
county,
municipal,
41
district,
or
other
elective
office;
42
(c)
Serve
as
the
agent,
representative,
officer,
political
treasurer,
43
or
employee,
whether
for
profit
or
otherwise,
of
any
political
party,
44
political
committee,
or
candidate
as
defined
in
either
chapter
1,
title
45
34
or
chapter
66,
title
67
chapter
3,
title
74
,
Idaho
Code,
or
otherwise;
46
and
47
(d)
Hold
any
other
public
or
private
-
sector
position,
whether
for
48
profit
or
otherwise,
except
for
volunteer
or
adjunct
faculty
positions
49

37
that
are
not
inconsistent
with
his
duties
as
chief
administrative
law
1
judge.
2
SECTION
14.
That
Section
72
-
1503,
Idaho
Code,
be,
and
the
same
is
hereby
3
amended
to
read
as
follows:
4
72
-
1503.
POLITICAL
ACTIVITIES
PROHIBITED.
No
person
may
serve
on
the
5
commission
who
is
a
candidate
for
political
office
as
the
term
"candidate"
6
is
defined
in
section
67
-
6602
74
-
3
-
102
,
Idaho
Code.
In
the
event
a
person
7
serving
on
the
commission
becomes
a
candidate,
a
vacancy
on
the
commission
8
shall
be
declared
by
the
secretary
of
state,
and
filled
as
provided
by
law.
9
SECTION
15.
That
Chapter
66,
Title
67,
Idaho
Code,
be,
and
the
same
is
10
hereby
repealed.
1
1
SECTION
16.
APPLICABILITY.
Any
person
already
registered
with
the
sec
-
12
retary
of
state
prior
to
July
1,
2026,
shall
bring
his
reports
into
compli
-
13
ance
with
the
provisions
of
this
act
by
no
later
than
the
date
on
which
the
14
person's
next
annual
report
is
due.
15
SECTION
17.
An
emergency
existing
therefor,
which
emergency
is
hereby
16
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
17
July
1,
2026.
18