Amends and adds to existing law to require certain disclosures by individuals engaged in paid in-person canvasing activities and to revise provisions governing signature gatherers.

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE SENATE SENATE BILL NO. 1411 BY STATE AFFAIRS COMMITTEE AN ACT1 RELATING TO ELECTIONS; AMENDING SECTION 34-1807, IDAHO CODE, TO REVISE PRO-2 VISIONS REGARDING THE CIRCULATION OF PETITIONS, TO REVISE PROVISIONS3 REGARDING SIGNATURE GATHERERS, AND TO MAKE TECHNICAL CORRECTIONS;4 AMENDING CHAPTER 66, TITLE 67, IDAHO CODE, BY THE ADDITION OF A NEW5 SECTION 67-6628B, IDAHO CODE, TO PROVIDE CERTAIN REQUIREMENTS FOR PER-6 SONS ENGAGED IN PAID IN-PERSON CANVASSING ACTIVITIES; AMENDING SECTION7 67-6625, IDAHO CODE, TO PROVIDE A CODE REFERENCE; AND DECLARING AN EMER-8 GENCY AND PROVIDING AN EFFECTIVE DATE.9

Be It Enacted by the Legislature of the State of Idaho:10

SECTION 1. That Section 34-1807, Idaho Code, be, and the same is hereby11 amended to read as follows:12 34-1807. CIRCULATION OF PETITIONS -- PAID SIGNATURE GATHERERS --13 VERIFICATION OF PETITION AND SIGNATURE SHEETS -- CERTIFICATION OF PETITION14 SIGNERS -- CERTAIN PETITIONS AND SIGNATURES VOID. (1) Any person who cir-15 culates any petition for an initiative or referendum shall be a resident16 qualified elector of the state of Idaho and at least eighteen (18) years of17 age and shall comply with all provisions of section 67-6628B, Idaho Code, in18 the course of circulating any such petition.19 (2)(a) Any person who accepts payment to circulate a petition for an20 initiative or referendum shall, prior to accepting a signature:21 (i) Verbally notify any potential signatory that such person is22 accepting payment to gather signatures and provide the name of the23 person or entity providing payment to such person; and24 (ii) Cause to be printed on each page of any petition for an ini-25 tiative or referendum a prominent and legible declaration that26 such person is receiving payment in exchange for circulating the27 petition and the name of the person providing payment to such per-28 son.29 (b) At all times a person is circulating a petition pursuant to para-30 graph (a) of this subsection, such person shall wear a badge that is31 clearly visible to any potential signatory and that contains the words32 "paid petition circulator" on it .33 (c) The Idaho secretary of state shall promulgate rules to implement34 the provisions of this subsection, which shall provide details re-35 garding the font specifications that shall be required for the printed36 declaration required under paragraph (a)(ii) of this subsection and the37 specifications regarding font, shape, color, and size requirements for38 the badge required under paragraph (b) of this subsection.39 (3) (2) Each and every sheet of every such petition for an initiative40 or referendum containing signatures shall be verified on the face thereof in41

2 substantially the following form, by the person who circulated said sheet of1 said petition, by his or her affidavit thereon, and as a part thereof:2 (a) For persons not accepting payment for circulating a petition:3 State of Idaho )4 )ss.5 County of.... )6 I,...., being first duly sworn, say that I am a resident qualified elec-7 tor of the State of Idaho and at least eighteen (18) years of age; that I have8 not and will not accept remuneration in any way related to the petition; that9 every person who signed this sheet of the foregoing petition signed his or10 her name thereto in my presence; that I believe that each has stated his or11 her name, address and residence correctly; and that each signer is a quali-12 fied elector of the State of Idaho and a resident of the county of.....13 Signed.................................14 Post office address.....................15 Subscribed and sworn to before me this.... day of.....16 (Notary Seal) Notary Public ..........................17 Residing at ............................18 (b) For persons accepting payment for circulating a petition:19 State of Idaho )20 )ss.21 County of.... )22 I,...., being first duly sworn, say that I am a resident qualified elec-23 tor of the state State of Idaho and at least eighteen (18) years of age; that24 every person who signed this sheet of the foregoing petition signed his or25 her name thereto in my presence, after I verbally notified each individual26 signer that I will receive payment in exchange for gathering the signatures27 on this sheet; that I believe that each has stated his or her name, address28 and residence correctly; and that each signer is a qualified elector of the29 State of Idaho and a resident of the county of.....30 I am accepting payment for the circulation of the foregoing petition31 by.... and the address of such payor is.....32 Signed.................................33 Post office address.....................34 Subscribed and sworn to before me this.... day of.....35 (Notary Seal) Notary Public ..........................36 Residing at ............................37 (4) (3) In addition to said affidavit, the county clerk shall carefully38 examine said petitions and strike from the petition any names for which he39 has determined that the name, address, or signature do not match and confirm40 that each name, address, and signature matches those of a qualified elector41 of the proper jurisdiction and that the petitions conform to all other provi-42 sions of this section. The county clerk shall attach to the signature sheets43 a certificate to the secretary of state substantially as follows:44

3 State of Idaho )1 )ss.2 County of.... )3 To the Honorable...., Secretary of State for the State of Idaho:4 I,...., County Clerk of.... County, hereby certify that.... signatures on5 this petition are those of qualified electors in Legislative District Num-6 ber.....7 Signed.................................8 County Clerk or Deputy.9 (Seal of office)10 (5) (4) The county clerk shall deliver the petition or any part thereof11 to the person from whom he received it with his certificate attached thereto12 as above provided. The forms herein given are not mandatory and if substan-13 tially followed in any petition, it shall be sufficient, disregarding cleri-14 cal and merely technical error.15 (6) (5) Any petition on which signatures are obtained by a person not a16 resident qualified elector of the state of Idaho and at least eighteen (18)17 years of age shall be void. The definition of resident qualified elector in18 section 34-107 34-104, Idaho Code, shall apply to the circulators of initia-19 tive and referendum petitions.20 (7) (6) Any signature that is not a physical signature, including an21 electronic signature, is void.22 (8) (7) Any petition for an initiative or referendum on which signa-23 tures are obtained that is circulated in violation of the disclosure provi-24 sions provided in subsection (2) of this section 67-6628B, Idaho Code, is25 void.26

SECTION 2. That Chapter 66, Title 67, Idaho Code, be, and the same is27 hereby amended by the addition thereto of a NEW SECTION, to be known and des-28 ignated as Section 67-6628B, Idaho Code, and to read as follows:29 67-6628B. PAID IN-PERSON CANVASSING ACTIVITIES -- DISCLOSURES. (1)30 For the purposes of this section:31 (a) "Paid in-person canvassing activities" means canvassing activi-32 ties performed by an individual who accepts financial compensation for33 the purpose of influencing how a person votes, including but not limited34 to circulating any petition for an initiative or referendum; soliciting35 personal residences or public locations to communicate with or distrib-36 ute materials to possible voters about political candidates or ballot37 measures; conducting in-person get-out-the-vote efforts in relation to38 any candidate or ballot measure; and any other direct, in-person con-39 tact or interaction intended to affect an individual's electoral par-40 ticipation or preferences.41 (b) "Phone banking activities" means any organized outreach activity42 in which telephone calls are made to Idaho qualified electors for the43 purpose of persuading such electors to vote or to vote in a particular44 manner, providing information to such electors regarding an election or45 voting, or mobilizing such electors to vote.46 (2) Persons who engage in any paid in-person canvassing activities47 shall:48

4 (a) Meet all of the qualifications of a qualified elector, as defined1 in section 34-104, Idaho Code, except that a person under eighteen (18)2 years of age shall only be required to have resided in this state for at3 least thirty (30) days;4 (b) Verbally notify any person with whom they communicate that they are5 being compensated to perform paid in-person canvassing activities and6 provide the name of the persons or entities providing payment to such7 person; and8 (c) At all times, while engaging in paid in-person canvassing activi-9 ties, wear a badge that is clearly visible to any person with whom they10 intend to communicate with that contains the words "paid political ad-11 vocate" as well as the name of the persons or entities providing payment12 to such person.13 (3) The Idaho secretary of state may promulgate rules to implement the14 provisions of this section, including specifications regarding font, shape,15 color, and size requirements for the badge required pursuant to subsection16 (2)(c) of this section.17 (4) The provisions of this section shall not apply to:18 (a) Volunteers acting without compensation or reimbursement beyond in-19 cidental expenses;20 (b) Individuals whose paid in-person canvassing activities are inci-21 dental to broader campaign employment responsibilities;22 (c) Phone banking activities; or23 (d) Candidates engaged in in-person canvassing activities for their24 own election campaign.25

SECTION 3. That Section 67-6625, Idaho Code, be, and the same is hereby26 amended to read as follows:27 67-6625. VIOLATIONS -- CIVIL FINE -- MISDEMEANOR PENALTY -- PROSECU-28 TION -- LIMITATION -- VENUE. (1) Any person who violates the provisions of29 sections 67-6603, 67-6604, 67-6606 through 67-6614A, 67-6624, 67-6627 or,30 67-6628, or 67-6628B, Idaho Code, shall be liable for a civil fine not to ex-31 ceed two hundred fifty dollars ($250) if an individual, and not more than two32 thousand five hundred dollars ($2,500) if a person other than an individual.33 The burden of proof for such civil liability shall be met by showing a prepon-34 derance of the evidence.35 (2) Any person who violates section 67-6605, Idaho Code, and any per-36 son who knowingly and willfully violates sections 67-6603 through 67-6614A,37 67-6624, 67-6627 or, 67-6628, or 67-6628B, Idaho Code, is guilty of a misde-38 meanor and, upon conviction, in addition to the fines set forth in subsection39 (1) of this section, may be imprisoned for not more than six (6) months or be40 both fined and imprisoned.41 (3) The attorney general or the appropriate prosecuting attorney may42 prosecute any violations of this chapter.43 (4) Prosecution for a civil or misdemeanor violation of this chapter44 must be commenced within two (2) years after the date on which the violation45 occurred. Prosecution for a felony violation of this chapter must be com-46 menced pursuant to the provisions of section 19-402, Idaho Code.47

5 (5) Venue for prosecution under the provisions of this chapter shall be1 in the county of residence of the defendant if the defendant is a resident of2 the state of Idaho, otherwise venue shall be in Ada county.3

SECTION 4. An emergency existing therefor, which emergency is hereby4 declared to exist, this act shall be in full force and effect on and after5 July 1, 2026.6