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 ACT1 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 CHAPTER3 HEADING; AMENDING CHAPTER 3, TITLE 74, IDAHO CODE, BY THE ADDITION OF A4 NEW PART 1, CHAPTER 3, TITLE 74, IDAHO CODE, TO PROVIDE FOR THE PURPOSE5 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 THAT8 CERTAIN REPORTS BE CERTIFIED BY THE SECRETARY OF STATE, TO PROVIDE FOR9 THE IDENTIFICATION OF THE SOURCE OF CONTRIBUTIONS AND EXPENDITURES, AND10 TO PROVIDE THAT POLLS CONCERNING A CANDIDATE OR MEASURE MUST IDENTIFY11 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, IDAHO13 CODE, TO ESTABLISH PROVISIONS REGARDING CANDIDATES AND A CAMPAIGN FI-14 NANCE ACCOUNT, TO PROVIDE FOR THE APPOINTMENT OF A POLITICAL TREASURER15 FOR CANDIDATES, TO PROVIDE FOR THE DUTIES OF A POLITICAL TREASURER FOR16 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 LIMITATIONS19 ON CONTRIBUTIONS TO CANDIDATES, TO PROHIBIT CANDIDATE COORDINATION TO20 BENEFIT FROM AN INDEPENDENT EXPENDITURE, TO PROVIDE FOR THE RETIRING21 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 CHAPTER23 3, TITLE 74, IDAHO CODE, BY THE ADDITION OF A NEW PART 3, CHAPTER 3, TITLE24 74, IDAHO CODE, TO PROVIDE FOR POLITICAL ACTION COMMITTEE ORGANIZATION,25 TO PROVIDE FOR THE APPOINTMENT OF A POLITICAL TREASURER FOR POLITICAL26 ACTION COMMITTEES, TO PROVIDE FOR THE DUTIES OF A POLITICAL TREASURER27 FOR POLITICAL ACTION COMMITTEES, TO PROVIDE FOR CONTRIBUTIONS OBTAINED28 BY POLITICAL ACTION COMMITTEES, TO PROVIDE FOR THE USE OF CONTRIBUTED29 AMOUNTS FOR CERTAIN PURPOSES, TO PROVIDE FOR REPORTS OF CONTRIBUTIONS30 TO AND EXPENDITURES BY POLITICAL ACTION COMMITTEES, TO PROHIBIT PO-31 LITICAL ACTION COMMITTEE COORDINATION WITH A CANDIDATE, TO PROVIDE32 FOR CERTAIN REPORTS FOR ELECTIONEERING COMMUNICATIONS, TO PROVIDE FOR33 REPORTS OF INDEPENDENT EXPENDITURES BY POLITICAL ACTION COMMITTEES,34 AND TO PROVIDE FOR REPORTS OF MEASURE EXPENDITURES BY POLITICAL ACTION35 COMMITTEES; AMENDING CHAPTER 3, TITLE 74, IDAHO CODE, BY THE ADDITION36 OF A NEW PART 4, CHAPTER 3, TITLE 74, IDAHO CODE, TO PROVIDE LEGISLATIVE37 INTENT, TO PROVIDE FOR CONTRIBUTIONS, REPORTS, AND LIMITS FOR POLITICAL38 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, IDAHO42 CODE, TO PROVIDE FOR THE DUTIES OF THE SECRETARY OF STATE, TO PROVIDE43 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 FOR45

2 OTHER VIOLATIONS, TO PROVIDE FOR THE ENFORCEMENT OF CIVIL FINES AND LATE1 FEES, TO PROVIDE FOR PROSECUTION, LIMITATIONS, AND VENUE, TO PROVIDE2 FOR INJUNCTIONS, TO PROVIDE SEVERABILITY, AND TO PROVIDE FOR CONSTRUC-3 TION; AMENDING CHAPTER 18, TITLE 34, IDAHO CODE, BY THE ADDITION OF A NEW4 SECTION 34-1807A, IDAHO CODE, TO PROVIDE FOR THE DISCLOSURE OF PAYMENTS5 MADE TO SIGNATURE GATHERERS; AMENDING SECTION 19-5904, IDAHO CODE, TO6 PROVIDE A CORRECT CODE REFERENCE; AMENDING SECTION 19-6004, IDAHO CODE,7 TO PROVIDE A CORRECT CODE REFERENCE; AMENDING SECTION 44-2602, IDAHO8 CODE, TO PROVIDE CORRECT CODE REFERENCES; AMENDING SECTION 44-2605,9 IDAHO CODE, TO PROVIDE CORRECT CODE REFERENCES; AMENDING SECTION10 50-2006, IDAHO CODE, TO PROVIDE A CORRECT CODE REFERENCE; AMENDING SEC-11 TION 67-5282, IDAHO CODE, TO PROVIDE A CORRECT CODE REFERENCE; AMENDING12 SECTION 72-1503, IDAHO CODE, TO PROVIDE A CORRECT CODE REFERENCE; RE-13 PEALING CHAPTER 66, TITLE 67, IDAHO CODE, RELATING TO ELECTION CAMPAIGN14 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 amended18 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 321 CAMPAIGN FINANCE TRANSPARENCY22

SECTION 2. That Chapter 3, Title 74, Idaho Code, be, and the same is23 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 126 PROVISIONS OF GENERAL APPLICATION27 74-3-101. PURPOSE OF CHAPTER. The purpose of this chapter is:28 (1) To promote openness and public confidence in government; and29 (2) To promote transparency by those giving financial support to elec-30 tion campaigns and to persons advocating for or against candidates or ballot31 measures.32 74-3-102. DEFINITIONS. As used in this chapter, the following terms33 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 seeking36 statewide, judicial, legislative, or local government office. For the37 purposes of this chapter, "candidate" does not include individuals seek-38 ing nomination, election, or reelection to federal office or the office of39 precinct committeeman.40 (2) "Contribution" includes any advance, conveyance, forgiveness of41 indebtedness, deposit, distribution, loan, gift, pledge, subscription, or42 transfer of money or anything of value, any contract, agreement, and promise43 or other obligation, whether or not legally enforceable, and any payment,44

3 whether by cash, check, or electronic transfer, to make a contribution in1 support of or in opposition to any candidate, political action committee,2 or measure. Such term also includes personal funds or other property of a3 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 includes6 the rendering of personal and professional services for less than full con-7 sideration but does not include ordinary home hospitality or the rendering8 of part-time services of the sort commonly performed by volunteer campaign9 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-11 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 person13 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. For16 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 market18 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 make22 a contribution, independent expenditure, electioneering communication, or23 measure expenditure. A donor's authorization for a commercial payment pro-24 cessor, whose usual and normal business is to process payments, to transmit25 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, or29 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 support32 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 thirty39 (30) day period before a primary election or the sixty (60) day40 period before a general election; and41 (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 a47 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 political1 party;2 (iii) Any editorial endorsements or opinions aired by a broadcast3 facility not owned or controlled by a candidate, political action4 committee, or political party;5 (iv) Any communication by persons made in the regular course and6 scope of their business or any communication made by a membership7 organization solely to members of such organization and their fam-8 ilies;9 (v) Any communication that refers to any candidate only as part of10 the popular name of a bill or statute; or11 (vi) A communication that constitutes an expenditure by a candi-12 date or political action committee or an independent expenditure13 that is otherwise reported under this chapter.14 (7) "Employee" means an individual who performs a service for wages or15 other compensation from which the individual's employer withholds federal16 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 value19 and includes a contract, promise, or agreement, whether or not legally en-20 forceable, to make an expenditure. The term "expenditure" also includes a21 promise to pay, a payment or a transfer of anything of value in exchange for22 goods, services, property, facilities, or anything of value for the purpose23 of assisting, benefiting, or honoring any public official or candidate, or24 assisting in furthering or opposing any election campaign. For the purpose25 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 with27 the expenditure is publicly distributed or otherwise viewed by the public or28 on the date payment is made, whichever is earlier.29 (9)(a) "Independent expenditure" means any expenditure by a person30 for a communication expressly advocating the election or defeat of a31 clearly identified candidate that is not made in coordination with the32 candidate.33 (b) As used in this subsection, "expressly advocating" means any com-34 munication containing a message advocating the election or defeat of a35 candidate by using the name of the candidate and using phrases includ-36 ing but not limited to "vote for," "elect," "support," "cast your ballot37 for," "vote against," "defeat," or "reject."38 (c) For the purpose of determining whether an expenditure is made in39 coordination with a candidate or political action committee, the term40 "coordination" means and includes but is not limited to an expenditure41 made with the cooperation of, with the prior consent or knowledge of, in42 consultation with, or at the request or suggestion of, or using nonpub-43 lic information obtained from, a candidate or the candidate's agent or44 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 person48 with a designation, instruction, or encumbrance, whether direct or indi-49 rect, express or implied, oral or written, or involving intermediaries or50

5 conduits, that results in all or any part of the contribution or payment1 being used to make a contribution to any candidate, political action com-2 mittee, or measure or to make electioneering communications or independent3 expenditures.4 (11) "Local government office" means any publicly elected office for5 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 state10 constitution. An initiative or referendum proposal shall be deemed a mea-11 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 deemed13 a measure upon approval of the recall petition as to form pursuant to section14 34-1704, Idaho Code.15 (13)(a) "Measure expenditure" means any expenditure by a person for a16 communication expressly advocating the passage or defeat of a clearly17 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 a20 measure by using the name of the measure and using phrases including21 but not limited to "vote for," "support," "cast your ballot for," "vote22 against," "defeat," or "reject."23 (14) "Person" means an individual, corporation, association, firm,24 partnership, committee, political party, club, or other organization or25 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; or29 (b) Any person who receives contributions and makes expenditures in an30 amount exceeding one thousand dollars ($1,000) in any calendar year for31 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 candidate34 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 state37 office or position that is filled by election but does not include the office38 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 any42 candidate, political action committee, or measure or make electioneering43 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 not46 lawfully admitted for permanent residence;47 (b) A government or subdivision of a foreign country;48 (c) A foreign political party; or49

6 (d) Any entity, such as a partnership, association, corporation, or-1 ganization, union, or other combination of persons, that is organized2 under the laws of or has its principal place of business in a foreign3 country.4 (3) A violation of the provisions of this section shall be prosecuted5 and punished as provided in part 5 of this chapter. However, any person who6 knowingly and willfully violates the provisions of this section is guilty of7 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)11 month period; or12 (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 within14 ten (10) years, notwithstanding the form of the judgment or withheld15 judgment.16 (4) If any provision of this section or its application to any person or17 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 advertising21 agency shall keep a current record of any and all obligations incurred by22 a candidate or political action committee and payments made by a candidate23 or political action committee. Such records shall be made available for24 inspection upon request by the secretary of state. Failure to make such25 records available shall result in a civil fine not to exceed one thousand26 dollars ($1,000).27 74-3-105. REPORTS TO BE CERTIFIED. All reports required to be filed28 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. Electronic30 signatures and certifications shall be governed by the uniform electronic31 transactions act, chapter 50, title 28, Idaho Code.32 74-3-106. IDENTIFICATION OF SOURCE OF CONTRIBUTIONS AND EXPENDITURES33 -- COMMUNICATIONS. (1) No contribution shall be made and no expenditure34 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 in36 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 source38 of expenditures, any public communication made that is reportable as an39 expenditure under this chapter shall clearly state: "Paid for by [the40 official name of the candidate, political action committee, or fil-41 ing entity]" and shall further state the filing entity identification42 number, if available, as registered or reported with the secretary of43 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 result3 in a civil fine payable to the secretary of state in the amount of fifty4 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 this7 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-11 duct or cause to be conducted a persuasive poll by telephone concerning a12 candidate or to produce automated or computerized messages by telephone to13 conduct a persuasive poll concerning a candidate, the person conducting the14 poll shall, at the end of the poll, disclose the name and telephone number15 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 of18 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 or21 measure. The term does not include a poll that is conducted only to measure22 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 as24 provided in part 5 of this chapter.25

SECTION 3. That Chapter 3, Title 74, Idaho Code, be, and the same is26 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 229 CANDIDATES30 74-3-201. CANDIDATES FOR PUBLIC OFFICE -- ESTABLISHMENT OF CAMPAIGN31 FINANCE ACCOUNT. (1) A candidate shall be subject to the requirements of this32 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 of35 state's office;36 (c) Received a contribution for the purpose of promoting the individ-37 ual's candidacy for office; or38 (d) Made an expenditure, contracted for services, or reserved space39 with the intent of promoting the individual's candidacy for office.40 (2) For purposes of this chapter, an incumbent shall be presumed to be41 a candidate in the subsequent election for the incumbent's office until the42 incumbent has failed to file for office by the statutory deadline.43 (3) Each candidate shall establish a campaign finance account with the44 secretary of state's office as prescribed by the secretary of state. The45 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) Each3 candidate shall appoint a political treasurer who is a registered elector of4 this state. The candidate shall certify the full name and complete address5 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's7 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 pursuant10 to the provisions of this section. Contributions must be received and expen-11 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 for15 more than one (1) candidate and political action committee.16 (5) A candidate may remove his political treasurer. In the case of the17 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 and20 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 for24 the secretary of state for the candidate's campaign.25 (2) The political treasurer for each candidate shall maintain at least26 one (1) checking account with a financial institution. All moneys received27 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 seven31 (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 filing36 all reports that are required of a candidate under this chapter. Accounts37 kept by the political treasurer for a candidate are subject to inspection by38 the office of the secretary of state in the case of an investigation pursuant39 to section 74-3-501 or 74-3-502, Idaho Code.40 (4) Accounts kept by a political treasurer shall be preserved by him for41 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 EXPENDITURES45 -- CANDIDATES. (1) No contribution shall be made and no expenditure shall be46 incurred, directly or indirectly, in a fictitious name, anonymously, or by47

9 any person through an agent, relative, or other person in such a manner as to1 conceal the identity of the source of the contribution.2 (2)(a) Any person who contributes to a candidate shall accompany the3 contribution with a report of his full name and complete address.4 (b) If a political treasurer is offered or receives contributions of5 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 and7 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 treasurer11 to the secretary of state, who shall transmit it to the state controller12 for deposit in the general fund.13 (3) Contributions shall not be obtained for a candidate's campaign by14 use of coercion or physical force, by making a contribution a condition of15 employment or membership, or by using or threatening to use job discrimina-16 tion or financial reprisals. A violation of the provisions of this section17 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 the20 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 the22 reporting period, beginning with the month in which the first contribution,23 expenditure, or encumbrance took place. The report shall itemize each24 contribution received and each expenditure or encumbrance made during the25 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 candidate28 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 more30 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; and33 (b) Under expenditures, the report shall include the name, city, and34 state of each person to whom an expenditure or encumbrance was made of at35 least twenty-five dollars ($25.00) but no more than one hundred dollars36 ($100) and the amount, date, and purpose of each such expenditure. For37 expenditures of more than one hundred dollars ($100), the report shall38 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-five41 dollars ($25.00) or more shall be evidenced by an invoice, receipt, or42 canceled check or an accurate copy thereof. Such evidence shall not be43 filed with the report but shall be retained by the candidate's treasurer44 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 expenditure48 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 a1 contribution.2 (2) Regular reports required by this section shall be filed pursuant to3 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 the6 month following the month being reported. Additional reports shall be7 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 seven10 (7) days before the primary election; and11 (ii) Three (3) days before the general election, covering the pe-12 riod from the close of the most recent monthly report through seven13 (7) days before the general election.14 (b) In any nonelection year for the candidate, reports shall be filed15 on a quarterly basis and shall be due on or before the tenth day of the16 month immediately following the close of the quarter, on April 10, July17 10, October 10, and January 10.18 (3) The political treasurer for a candidate for a judicial office or a19 local government office is exempt from filing reports under this chapter un-20 less and until such time as the candidate receives contributions or expends21 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 covering24 the period from the first contribution or expenditure to the current date and25 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 or27 expended.28 (4) In addition to the reports required pursuant to subsections (2) and29 (3) of this section, the political treasurer for a candidate shall report30 to the secretary of state any contribution received of one thousand dollars31 ($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 online36 with the secretary of state by no later than midnight on the date the filing37 is due.38 (6) If no contribution is received or expenditure made by or on behalf39 of a candidate during a monthly reporting period, the political treasurer40 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 section43 shall be filed until the account no longer shows any unexpended balance of44 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 positive47 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 close49 the candidate's account following thirty (30) days' notice to the candidate.50

11 (8) Candidates for federal office are not required to file contribution1 and expenditure reports with the state under this section. A federal can-2 didate's authorized committee may make contributions to candidates in Idaho3 without filing reports under this subsection if the authorized committee is4 in compliance with federal election commission reporting requirements. Any5 contributions received pursuant to this section shall be reported using the6 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 the10 state legislature, judicial office, or local government office shall be11 limited to no more than one thousand five hundred dollars ($1,500) for12 the primary election and no more than one thousand five hundred dollars13 ($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 limited16 to no more than six thousand dollars ($6,000) for the primary election17 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 election20 ballot throughout the state.21 (2) The provisions of subsection (1) of this section shall not apply to22 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 general26 election until the candidate has won his primary election.27 (4) Candidates may allocate only those contributions received by the28 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 and32 special elections shall be treated the same as general elections.33 (6) Contributions other than money or its equivalent are deemed to have34 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 value36 for the purpose of assisting any candidate or political action committee are37 deemed a contribution. A contribution of this kind shall be reported as an38 in-kind contribution at its fair market value and counts toward any applica-39 ble contribution limit of the contributor. Contributions shall not include40 the personal services of volunteers.41 (7) For the purposes of contribution limits, the following provisions42 apply:43 (a) A contribution by a political action committee with funds that have44 all been contributed by one (1) person who exercises exclusive control45 over the distribution of the funds of the political action committee is46 a contribution by the controlling person;47 (b) All contributions made by a person or political action committee48 whose contribution or expenditure activity is financed, maintained, or49

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; and3 (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 or8 shareholders or persons;9 (iv) Are in a parent-subsidiary relationship; or10 (v) Have bylaws so stating.11 (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 campaign14 account and transfer the balance of funds to a new campaign account if such15 candidate will campaign for a different state legislative office. Any con-16 tributions received in the candidate's closed account, combined with any17 contributions received in the candidate's new account, shall count against18 the contribution limits provided in this section when received from the same19 contributor for the same election date.20 (10) The provisions of this section are hereby declared to be severable21 and if any provision of this section or the application of such provision to22 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 not25 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 shall28 be considered a contribution in-kind to the candidate and shall be reported29 by the candidate and be included in the candidate's campaign contribution30 limits.31 (3) An expenditure by a person that is not made in coordination with a32 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 but37 is not limited to an expenditure made with the cooperation of, with the prior38 consent or knowledge of, in consultation with, at the request or suggestion39 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 a41 conduit for messages to or from the candidate's campaign. Coordination is42 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 of44 that political action committee.45 74-3-208. RETIRING DEBT. (1) If a candidate has unpaid debt at the end46 of the reporting periods specified in section 74-3-205, Idaho Code, then the47 candidate may accept additional contributions to retire such unpaid debt,48

13 provided the contributions do not exceed the applicable contribution limits1 prescribed in this chapter.2 (2) For the purposes of this section, "unpaid debt" means any unpaid3 monetary obligation incurred by the candidate as listed on the reports filed4 through the postelection report period minus any cash balance reported on5 the postelection report. Outstanding loans are considered a type of unpaid6 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 for10 public office;11 (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 local15 committee of a political party;16 (e) For contributions to state and local candidates subject to the pro-17 visions of state law; or18 (f) For any other lawful purpose unless prohibited by subsection (2) of19 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 be22 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 the24 candidate's election campaign or individual's duties as a holder of public25 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 of33 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 on36 the premises;37 (i) Funeral, cremation, or burial expenses, except if the death arises38 out of or in the course of campaign activity;39 (j) Investment expenses;40 (k) Salary payments to a candidate's immediate family member, unless41 the family member is providing bona fide services and paid at a fair mar-42 ket value; and43 (l) Food purchased for daily consumption inside the home or supplies44 needed to maintain a household.45 74-3-210. USE OF SYNTHETIC MEDIA. (1) This section shall be known and46 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 is1 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 a7 service or system that provides access to the internet and such systems8 operated or services offered by libraries or educational institutions.9 (c) "Synthetic media" means an audio recording or a video recording of10 an individual's speech or conduct that has been created through the use11 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; and15 (ii) Provides a fundamentally different understanding or impres-16 sion of the event, action, or speech than a reasonable person would17 have from the unaltered, original version of the audio recording18 or video recording.19 (3) A candidate whose action or speech is deceptively represented20 through the use of synthetic media in an electioneering communication, ex-21 penditure by a candidate, or independent expenditure may seek injunctive or22 other equitable relief prohibiting the publication of such synthetic media.23 (4) A candidate whose action or speech is deceptively represented24 through the use of synthetic media in an electioneering communication, ex-25 penditure by a candidate, or independent expenditure may bring an action for26 general damages, special damages, or both against the information content27 provider. The court may award a prevailing party reasonable attorney's fees28 and costs. The provisions of this subsection do not limit or preclude a29 plaintiff from securing or recovering any other available remedy.30 (5) It shall be an affirmative defense for any action brought pursuant31 to this section that the electioneering communication, expenditure by a32 candidate, or independent expenditure containing synthetic media includes33 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 average37 viewer, and the disclosure must appear for the duration of the video; or38 (b) If the media consists of audio only, the disclosure must be read in39 a clearly spoken manner and in a pitch that can be easily heard by the40 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) minutes43 each.44 (6) In any action commenced pursuant to this section, the plaintiff45 bears the burden of establishing the use of synthetic media by clear and46 convincing evidence.47 (7) Courts are encouraged to determine matters pursuant to this section48 expediently.49

15 (8) For an action brought pursuant to this section, the information1 content provider of the electioneering communication, expenditure by a2 candidate, or independent expenditure may be held liable and not the medium3 disseminating the electioneering communication, expenditure by a candi-4 date, or independent expenditure except as provided in subsection (9) of5 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 479 U.S.C. 315, a medium may be held liable in a cause of action brought pursuant10 to this section if:11 (a) The medium removes any disclosure described in subsection (5) of12 this section from the electioneering communication, expenditure by a13 candidate, or independent expenditure it disseminates; or14 (b) Subject to affirmative defenses described in this section, the15 medium changes the content of an electioneering communication, ex-16 penditure by a candidate, or independent expenditure such that it17 qualifies as synthetic media.18 (10) No provider or user of an interactive computer service shall be19 treated as the publisher or speaker of any information provided by another20 information content provider. However, an interactive computer service may21 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 is23 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 326 POLITICAL ACTION COMMITTEES27 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 of30 persons is a political action committee required to report under this31 chapter if it:32 (i) Is specifically designated to support or oppose any candidate33 or measure; or34 (ii) Receives contributions and makes expenditures in an amount35 exceeding one thousand dollars ($1,000) in any calendar year for36 the purpose of supporting or opposing one (1) or more candidates or37 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 chapter40 as a political action committee unless it has expenditures exceeding41 five thousand dollars ($5,000) in a calendar year. Political party com-42 mittees are subject to the requirements for political action committees43 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 by47

16 or on behalf of a political action committee until a political treasurer has1 been appointed pursuant to the provisions of section 74-3-302, Idaho Code.2 (3) Each political action committee shall establish a campaign finance3 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 committee6 shall certify:7 (a) The name and address of the committee; and8 (b) The name and address of the political treasurer of the committee.9 (4) Any change in organization information previously submitted to the10 secretary of state shall be reported no later than ten (10) days after the11 date of the change.12 74-3-302. POLITICAL ACTION COMMITTEE -- APPOINTMENT OF POLITICAL13 TREASURER. (1) Each political action committee shall appoint a political14 treasurer who is a registered elector of this state.15 (2) An individual may be appointed and serve as political treasurer for16 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 treasurer19 before all obligations of a political treasurer under this chapter have been20 met, the political action committee shall appoint a successor political21 treasurer and certify the name and address of the successor to the secretary22 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 contact25 for the secretary of state for the political action committee.26 (2) The political treasurer for each political action committee shall27 maintain at least one (1) checking account with a financial institution. All28 moneys received by the political action committee shall be deposited in such29 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 this37 chapter. Accounts kept by the political treasurer for a political action38 committee are subject to inspection by the office of the secretary of state39 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 for42 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 in1 section 44-2004, Idaho Code.2 (2)(a) Any person who contributes to a political action committee shall3 accompany the contribution with a report of his full name and complete4 address.5 (b) If a political treasurer is offered or receives contributions of6 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 and8 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-11 tribution shall be transmitted immediately by the political treasurer12 to the secretary of state, who shall transmit it to the state controller13 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 this18 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 candidate23 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 local28 committee of a political party;29 (e) For contributions to state and local candidates subject to the pro-30 visions of state law; or31 (f) For any other lawful purpose unless prohibited by subsection (2) of32 this section.33 (2) A contribution shall not be converted by any person for personal34 use. For the purposes of this subsection, a contribution shall be considered35 to be converted to personal use if the contribution is used to fulfill any36 commitment, obligation, or expense of a person that would exist irrespective37 of the political action committee's campaign activities.38 74-3-306. REPORTS OF CONTRIBUTIONS TO AND EXPENDITURES BY POLITICAL39 ACTION COMMITTEES. (1) The political treasurer for each political action40 committee shall file with the secretary of state a report each month of all41 contributions received and all expenditures and encumbrances made by or on42 behalf of the political action committee during the preceding month by no43 later than the tenth day of the following month. The report shall itemize44 each contribution received and each expenditure or encumbrance made during45 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 political48

18 action committee used to cover expenditures. The report shall list the1 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 total4 amount of contributions of one hundred dollars ($100) or less; and5 (b) Under expenditures, the report shall include the name, city, and6 state of each person to whom an expenditure or encumbrance was made of at7 least twenty-five dollars ($25.00) but no more than one hundred dollars8 ($100) and the amount, date, and purpose of each such expenditure. For9 expenditures of more than one hundred dollars ($100), the report shall10 include the name and address of each person to whom an expenditure or en-11 cumbrance was made and the amount, date, and purpose of each such expen-12 diture. All expenditures or encumbrances in the amount of twenty-five13 dollars ($25.00) or more shall be evidenced by an invoice, receipt, or14 canceled check or an accurate copy thereof. Such evidence shall not be15 filed with the report but shall be retained by the political treasurer16 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 expenditure20 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 a22 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 political26 treasurer for such political action committee shall file additional reports27 pursuant to subsection (1) of this section as follows:28 (a) Three (3) days before the primary election, covering the period29 from the close of the most recent monthly report through seven (7) days30 before the primary election; and31 (b) Three (3) days before the general election, covering the period32 from the close of the most recent monthly report through seven (7) days33 before the general election.34 (3) In addition to any other reports required under this section, the35 political treasurer for each political action committee shall report to the36 secretary of state any contribution of one thousand dollars ($1,000) or more37 within forty-eight (48) hours after the receipt of such contribution. Such38 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 online43 with the secretary of state by no later than midnight on the date the filing44 is due.45 (5) If no contribution is received or expenditure made by or on behalf46 of a political action committee during a monthly reporting period, the po-47 litical treasurer for the political action committee shall file with the48 secretary of state a report to that effect by the tenth day of the following49 month.50

19 (6) Reports required to be filed under the provisions of this section1 shall be filed until the account no longer shows any unexpended balance of2 contributions or expenditure deficit. Once an account no longer shows a pos-3 itive balance or debt, the political treasurer may notify the secretary of4 state's office that the account may be closed. If the account has shown no5 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 thirty8 (30) days' notice to the political action committee.9 (7) Except as provided in subsection (8) of this section, a political10 action committee that is registered with the federal election commission11 must file reports in accordance with the provisions of this section if the12 political action committee:13 (a) Makes contributions to Idaho candidates;14 (b) Makes an electioneering communication in Idaho; or15 (c) Makes an independent expenditure in Idaho.16 (8) A federal candidate's leadership political action committee may17 make contributions and expenditures in Idaho without filing reports under18 this section if the leadership political action committee is in compli-19 ance with federal election commission reporting requirements and follows20 applicable laws. The recipient of any contributions made pursuant to this21 subsection shall be reported using the official name of the candidate's22 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 political25 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, Idaho27 Code.28 (2) If an expenditure is made in coordination with a candidate, it shall29 be considered a contribution in-kind to the candidate and shall be reported30 by the candidate and be included in the candidate's campaign contribution31 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 but34 is not limited to an expenditure made with the cooperation of, with the prior35 consent or knowledge of, in consultation with, at the request or suggestion36 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 as38 a conduit for messages to or from the candidate's campaign. Coordination39 shall be presumed if the political action committee's expenditure or inde-40 pendent expenditure benefits a candidate who is also the political action41 committee's treasurer or other board member.42 74-3-308. ELECTIONEERING COMMUNICATIONS. (1) In addition to any other43 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) or46 more.47

20 (a) For electioneering communications made on or before the sixteenth1 day before any primary or general election, the report shall be filed2 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-four6 (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 has10 been made by the reporting political action committee in reference to11 any candidate or measure, together with the amount, date, and purpose of12 each such expenditure, including the identity of the referenced candi-13 date or measure; and14 (b) The total sum of all electioneering communications made by the po-15 litical action committee filing the report since the first day of the16 preceding calendar year.17 (3) For the purpose of determining when a report should be filed under18 this section, an electioneering communication is made on the day that the19 electioneering communication is publicly distributed or otherwise viewed by20 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 independent24 expenditure in an aggregate amount of one thousand dollars ($1,000) or more25 as provided in this section.26 (a) In the case of an independent expenditure totaling one thousand27 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 within29 forty-eight (48) hours of making the expenditure.30 (b) In the case of an independent expenditure totaling one thousand31 dollars ($1,000) or more made after the sixteenth day before an election32 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 making34 the expenditure.35 (c) In the case of an independent expenditure totaling less than one36 thousand dollars ($1,000), the report shall be filed by the tenth day of37 the month following the month in which the independent expenditure was38 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 independent42 expenditure totaling one thousand dollars ($1,000) or more has been43 made by the reporting political action committee for an independent44 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, and47 whether the expenditure was made either in support of or in opposition48 to such candidate or measure; and49

21 (b) The total sum of all independent expenditures made by the reporting1 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 reports4 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 dollars9 ($1,000) or more made on or before the sixteenth day before a primary10 or general election, the report shall be filed within forty-eight (48)11 hours of making the expenditure.12 (b) In the case of a measure expenditure totaling one thousand dollars13 ($1,000) or more made after the sixteenth day before an election but14 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 the16 expenditure.17 (c) In the case of a measure expenditure totaling less than one thousand18 dollars ($1,000), the report shall be filed by the tenth day of the month19 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 the24 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 support28 of or in opposition to such measure; and29 (b) The total sum of all measure expenditures made by the reporting po-30 litical action committee since the first day of the preceding calendar31 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 is33 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 436 OTHER PERSONS REQUIRED TO REPORT37 74-3-401. LEGISLATIVE INTENT. In order to promote transparency re-38 garding the impact of all election-related financial contributions or39 expenditures, it is the intent of the legislature that all persons, not just40 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 or42 expenditures paid. All such persons making electioneering communications43 or independent expenditures in Idaho shall file reports with the secretary44 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 caucuses3 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 file7 reports of their expenditures and contributions at the same time and in the8 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 section11 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 section15 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 thousand17 dollars ($12,000) in the aggregate for the general election.18 (5) No contribution may be made for a general election to a candidate19 who has not won his primary election, if any.20 (6) A county or legislative district central committee of a recognized21 political party shall not be considered a political action committee for the22 purposes of filing reports under this chapter unless such political party23 committee has expenditures exceeding five thousand dollars ($5,000) in a24 calendar year.25 74-3-403. ELECTIONEERING COMMUNICATIONS. (1) Any person other than a26 political action committee who makes an electioneering communication, as27 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 in31 excess of fifty dollars ($50.00) has been made by the reporting person32 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 the36 person filing the report since the first day of the preceding calendar37 year; and38 (c) The name and address of any donor who made aggregate contributions39 of one thousand dollars ($1,000) or more to the person filing the report40 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 by43 donors who gave less than one thousand dollars ($1,000).44 (2) The report shall be filed with the secretary of state pursuant to45 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 before48 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 an4 election but more than twenty-four (24) hours before a primary or gen-5 eral election at which the referenced candidate will appear on the6 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 one9 thousand dollars ($1,000), the report shall be filed by the tenth day10 of the month following the month in which the electioneering communica-11 tions were made.12 (3) For the purpose of determining when a report should be filed under13 this section, an electioneering communication is made on the day that the14 electioneering communication is publicly distributed or otherwise viewed by15 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 person18 for a communication expressly advocating the election, passage, or defeat of19 a clearly identified candidate or measure if the expenditure is not coordi-20 nated with the candidate. An expenditure that is independent of a candidate21 is not attributed to or reportable by a candidate and must be reported by the22 person making the independent expenditure pursuant to the provisions of this23 section.24 (2) If an expenditure is made in coordination with the candidate, it25 shall be considered a contribution in-kind to the candidate, reported by the26 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 but29 is not limited to an expenditure made with the cooperation of, with the prior30 consent or knowledge of, in consultation with, at the request or suggestion31 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 a33 conduit for messages to or from a candidate's campaign.34 (4) Each person who makes an independent expenditure in an aggregate35 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 for39 an independent expenditure in support of or in opposition to any can-40 didate or measure, together with the amount, date, and purpose of each41 such expenditure, including the identity of the referenced candidate or42 measure, and whether the expenditure was made either in support of or in43 opposition to such candidate or measure;44 (b) The total sum of all independent expenditures made by the reporting45 person since the first day of the preceding calendar year in support of46 or in opposition to any such candidate or measure; and47 (c) The name and address of any donor who made aggregate contributions48 of one thousand dollars ($1,000) or more to the person making the report49

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 item2 the total amount of contributions made by donors who gave less than one3 thousand dollars ($1,000).4 (5) The report shall be filed with the secretary of state pursuant to5 this subsection.6 (a) In the case of an independent expenditure totaling one thousand7 dollars ($1,000) or more made on or before the sixteenth day before a8 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.11 (b) In the case of an independent expenditure totaling one thousand12 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 general14 election at which the referenced candidate will appear on the ballot,15 the report shall be filed within twenty-four (24) hours of making the16 expenditure.17 (c) In the case of independent expenditures totaling less than one18 thousand dollars ($1,000), the report shall be filed by the tenth day19 of the month following the month in which the independent expenditures20 were made.21 74-3-405. MEASURE EXPENDITURES. (1) A measure expenditure, as defined22 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 identified24 measure. An expenditure that is independent of a political action committee25 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 amount29 of one hundred dollars ($100) or more shall file a report of the expenditure30 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 for33 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 or39 in opposition to any such measure; and40 (c) The name and address of any donor who made aggregate contributions41 of one thousand dollars ($1,000) or more to the person making the report42 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 to47 this subsection.48

25 (a) In the case of a measure expenditure totaling one thousand dollars1 ($1,000) or more made on or before the sixteenth day before the election2 at which the referenced measure will appear on the ballot, the report3 shall be filed within forty-eight (48) hours of making the expenditure.4 (b) In the case of a measure expenditure totaling one thousand dollars5 ($1,000) or more made after the sixteenth day before an election but6 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 filed8 within twenty-four (24) hours of making the expenditure.9 (c) In the case of measure expenditures totaling less than one thousand10 dollars ($1,000), the report shall be filed by the tenth day of the month11 following the month in which the measure expenditures were made.12

SECTION 6. That Chapter 3, Title 74, Idaho Code, be, and the same is13 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 516 ADMINISTRATION OF CHAPTER -- DUTIES -- ENFORCEMENT -- VIOLATIONS --17 PENALTIES18 74-3-501. DUTIES OF SECRETARY OF STATE. (1) The secretary of state is19 charged with the enforcement of the provisions of this chapter.20 (2) The secretary of state shall maintain an online filing system for21 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 pursuant24 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 online26 filing system shall be accessible on the secretary of state's website and be27 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 filed31 pursuant to this chapter for statewide, legislative, and judicial district32 offices or measures within two (2) days after the due date of the report or33 after the date it is filed, whichever is later. The secretary of state shall34 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 by36 law or that a report filed by the person does not conform to law; or37 (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 not40 conform to law or to the truth.41 (4) The secretary of state may require any person to answer in writing42 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 the46 account to correct any imbalances identified. If the imbalance was accrued47 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 balance1 and deposit the amount assessed into the general fund.2 (6) In addition to duties otherwise prescribed in this section, it3 shall be the duty of the secretary of state:4 (a) To make investigations of reports filed under the provisions of5 this chapter with respect to statewide, legislative, and judicial of-6 fices and measures and alleged failures to file any report required7 under the provisions of this chapter and upon complaint by any person8 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;11 (c) To prescribe and publish rules, subject to legislative approval, in12 accordance with the provisions of chapter 52, title 67, Idaho Code, and13 to take such other actions as may be appropriate to carry out the provi-14 sions of this chapter; and15 (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 offices19 or measures for which the county is the home county, as defined in section20 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, a23 county clerk may enter into an agreement with the clerk of a different county24 to investigate any complaints or potential violations of the provisions of25 this chapter.26 (3) Notwithstanding any provision of law to the contrary, any fines27 collected by a county clerk pursuant to this chapter shall be deposited in28 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 who31 fails to file a report of contributions, expenditures, independent expen-32 ditures, or any other report required by this chapter shall be liable to the33 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 deposit36 any civil fines collected pursuant to this section in the general fund. The37 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 required41 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 registered44 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 the46 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 fee1 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 report4 is filed. The secretary of state shall notify the person and the political5 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 filing8 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.11 74-3-505. OTHER VIOLATIONS -- CIVIL FINES -- MISDEMEANOR. (1) Except12 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 to14 file a report or the late filing of a report shall be liable to the secretary15 of state for a civil fine in the amount of two thousand five hundred dollars16 ($2,500), plus five percent (5%) of the monetary value of the amount of the17 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 for20 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 report23 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 fine26 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 state28 may publish the delinquent accounts on the public campaign finance website.29 Any civil fine or late fee remaining unpaid after sixty (60) days following30 notice from the secretary of state's office may be referred to the office of31 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 chapter36 must be commenced within two (2) years after the date on which the violation37 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 be40 in the county of residence of the defendant if the defendant is a resident of41 the state of Idaho, otherwise venue shall be in Ada county.42 74-3-508. INJUNCTIONS. The district courts of this state shall have43 original jurisdiction to issue injunctions to enforce the provisions of this44 chapter upon application by any citizen of this state, by the secretary of45 state, or by a county clerk. The court may in its discretion require the46

28 citizen plaintiff to file a written complaint with the secretary of state1 or county clerk prior to seeking injunctive relief. A successful plaintiff2 is entitled to be reimbursed for reasonable costs of litigation, including3 reasonable attorney's fees, by the person or persons named defendant in such4 injunctive action. A successful defendant is entitled to be reimbursed for5 reasonable costs of litigation, including reasonable attorney's fees, if6 the court determines that the plaintiff's action was without substantial7 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 of10 the chapter or the application of the provision to other persons or circum-11 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. In14 the event of conflict between the provisions of this chapter and any other15 chapter, the provisions of this chapter shall govern.16

SECTION 7. That Chapter 18, Title 34, Idaho Code, be, and the same is17 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) Any20 person who pays or provides other valuable consideration in an aggregate21 amount of one hundred dollars ($100) or more to another person or persons in22 exchange for their actions or intended actions of gathering signatures on a23 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 date26 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 have28 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 month31 following the month during which the payments to the signature gatherers32 were made.33 (4) The report shall contain the following information:34 (a) The name and address of any signature gatherer to whom a payment35 in excess of fifty dollars ($50.00) has been made during the reported36 month; and37 (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 aggregate41 amount of one thousand dollars ($1,000) or more shall file a notice of the42 expenditures with the secretary of state within forty-eight (48) hours of43 making the expenditure. The notice shall include the information required44 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 state47

29 set forth in part 5, chapter 3, title 74, Idaho Code, shall apply and be1 available to the secretary of state for enforcement of the provisions of this2 section.3

SECTION 8. That Section 19-5904, Idaho Code, be, and the same is hereby4 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 the8 governor, with the advice and consent of the senate, to serve a four (4) year9 term and may be reappointed to subsequent terms in the same manner.10 (2) The state appellate public defender must meet the following quali-11 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; and20 (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 the24 state appellate public defender, except for the practice of law that is25 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, this28 section shall not be interpreted to prohibit the state appellate public29 defender from seeking appointment to another office, including state or30 federal judicial office;31 (c) Serve as the agent, representative, officer, political treasurer,32 or employee, for profit or otherwise, of any political party, political33 committee, or candidate, as such terms are defined in chapter 66, title34 67 chapter 3, title 74, Idaho Code; or35 (d) Hold any other public or private sector position, for profit or oth-36 erwise, except for volunteer positions that are not inconsistent with37 the duties of the state appellate public defender.38 (4) The state appellate public defender may be removed from office by39 the governor for failing to retain the qualifications of his office estab-40 lished in subsection (2) of this section, for engaging in prohibited conduct41 set forth in subsection (3) of this section, or for good cause shown. If the42 state appellate public defender is removed from office, the governor shall43 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 removed46 from office as provided by law, the governor shall appoint a person who meets47 the qualifications established in this section, subject to the advice and48 consent of the senate, to fill the remainder of the unexpired term.49

30 (6) The state appellate public defender shall be compensated in an1 amount determined by the governor.2

SECTION 9. That Section 19-6004, Idaho Code, be, and the same is hereby3 amended to read as follows:4 19-6004. STATE PUBLIC DEFENDER -- APPOINTMENT -- TERM -- PROHIBITED5 CONDUCT -- REMOVAL -- VACANCIES -- REAPPOINTMENT -- COMPENSATION. (1) The6 state public defender shall reside in the office of the state public defender7 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 on10 the effective date of appointment:11 (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; and19 (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 the22 state public defender, except for the practice of law that is permitted23 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, this26 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 chapter32 1, title 34, Idaho Code, and chapter 66, title 67 chapter 3, title 74,33 Idaho Code; or34 (d) Hold any other public or private sector position, for profit or oth-35 erwise, except for volunteer positions that are not inconsistent with36 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 in40 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 of42 representatives and the senate written notice of the removal, the effective43 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 the46 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 following1 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 one4 (1) panel member appointed from the membership of each of the seven (7)5 district magistrates commissions. Not less than two (2) but not more6 than (3) panel members shall be attorneys, not more than two (2) but not7 less than one (1) panel member shall be a county commissioner, and one8 (1) member shall be a mayor. The governor shall not appoint to the panel9 any member of a district magistrates commission who is a judge, who is10 employed as a criminal prosecutor, or who otherwise prosecutes or aids11 in the prosecution of criminal cases, or any person employed in a law12 enforcement agency. The governor shall select a member of the panel to13 serve as chairman. The provisions of section 1-2203B(4), Idaho Code,14 regarding current or former law partners shall apply to any attorney15 serving on the panel. Members of the panel shall be compensated by the16 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 governor25 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 the28 advice and consent of the senate. The governor and the office of the29 state public defender may assist the panel in drawing the largest pool30 of qualified applicants.31 (c) Once the governor appoints the state public defender, the panel32 shall disband until reconstituted by the governor consistent with this33 section.34 (7) When the state public defender's term expires under the law, the35 governor may reappoint the state public defender to subsequent four (4) year36 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 nominate38 candidates and appoint a state public defender from the list produced by the39 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 hereby43 amended to read as follows:44 44-2602. DEFINITIONS. (1) As used in this chapter the following terms45 have the following meanings:46 (a) "Ballot proposition" includes initiatives, referenda, proposed47 constitutional amendments, and any other items submitted to the voters48 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 labor4 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 representation8 committee, or plan in which employees participate that exists, in9 whole or in part, to advocate on behalf of employees about griev-10 ances, labor disputes, wages, rates of pay, hours of employment or11 conditions of employment.12 (ii) Except as provided in subsection (1)(d)(iii) of this sec-13 tion, "labor organization" includes each employee association and14 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, independent19 expenditures, or expenditures made to any candidate, political party,20 political action committee or political issues committee or in support21 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 hereby27 amended to read as follows:28 44-2605. REGISTRATION -- DISCLOSURE. Each fund established by a labor29 organization under this chapter shall:30 (1) Register as a political committee as required by chapter 66, title31 67 chapter 3, title 74, Idaho Code; and32 (2) File the financial reports for political committees required by33 chapter 66, title 67 chapter 3, title 74, Idaho Code.34

SECTION 12. That Section 50-2006, Idaho Code, be, and the same is hereby35 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, Idaho40 Code, before July 1, 2011, for the municipality; provided, that such41 agency shall not transact any business or exercise its powers hereunder42 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 chapter46 until a majority of qualified electors, voting in a citywide or coun-47

33 tywide election, depending on the municipality in which such agency is1 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 paragraph4 (a) of this subsection, then such agency shall transact business and5 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 this8 section, the urban renewal agency is authorized to transact the business and9 exercise the powers hereunder by a board of commissioners to be established10 as follows:11 (a) Unless provided otherwise in this section, the mayor, by and with12 the advice and consent of the local governing body, shall appoint a13 board of commissioners of the urban renewal agency, which shall consist14 of not less than three (3) commissioners nor more than nine (9) commis-15 sioners. In the order of appointment, the mayor shall designate the16 number of commissioners to be appointed, and the term of each, provided17 that the original term of office of no more than two (2) commissioners18 shall expire in the same year. The commissioners shall serve for terms19 not to exceed five (5) years, from the date of appointment, except that20 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 body23 only after a hearing and after he shall have been given a copy of the24 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 position26 that becomes vacant at a time other than the expiration of a term shall27 be filled by the mayor or chair of the board of county commissioners, if28 that is the local governing body, by and with the advice and consent of29 the local governing body, including the mayor, if applicable, and shall30 be filled for the unexpired term.31 (c) By enactment of an ordinance, the local governing body may appoint32 and designate, from among its members, members of the board of commis-33 sioners of the urban renewal agency, provided that such representation34 shall be less than a majority of the board of commissioners of the urban35 renewal agency of the members of the local governing body on and after36 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 local39 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 separate41 and distinct from the municipality, to achieve, perform, and accomplish42 the public purposes prescribed and provided by said urban renewal law of43 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 agency47 for not more than one (1) calendar year.48 (e) By enactment of an ordinance, the local governing body may provide49 that the board of commissioners of the urban renewal agency shall be50

34 elected at an election held for such purpose on one (1) of the November1 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 renewal4 law of 1965, and as amended, in an appointed board of commissioners,5 shall be vested in the elected board of commissioners of the urban6 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 separate8 and distinct from the municipality, to achieve, perform, and accomplish9 the public purposes prescribed and provided by said urban renewal law10 of 1965, and as amended. The provisions of chapter 66, title 67 chapter11 3, title 74, Idaho Code, shall apply to elected commissioners, and the12 county election law shall apply to the person running for commissioner13 as if the person were running for county commissioner. In the event of a14 vacancy in an elected commissioner position, the replacement shall be15 appointed by the mayor or chair of the board of county commissioners, if16 that is the local governing body, by and with the advice and consent of17 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 renewal20 agency is located or is doing business.21 (4) A commissioner shall receive no compensation for his services but22 shall be entitled to the necessary expenses, including travel expenses, in-23 curred in the discharge of his duties. Each commissioner shall hold office24 until his successor has been appointed and has qualified. A certificate of25 the appointment or reappointment of any commissioner shall be filed with the26 clerk of the municipality and such certificate shall be conclusive evidence27 of the due and proper appointment of such commissioner.28 (5)(a) The powers of an urban renewal agency shall be exercised by the29 commissioners thereof. A majority of the commissioners shall consti-30 tute a quorum for the purpose of conducting business and exercising the31 powers of the agency and for all other purposes. Action may be taken by32 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 vice35 chairman for a term of one (1) year from among their members. An agency36 may employ an executive director, technical experts, and such other37 agents and employees, permanent and temporary, as it may require, and38 determine their qualifications, duties, and compensation. For such39 legal service as it may require, an agency may employ or retain its own40 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 these47 findings and take comments from the public. At the time of filing the48 report, the agency shall publish in a newspaper of general circulation49 in the community a notice to the effect that such report has been filed50

35 with the municipality and the state controller and that the report is1 available for inspection during business hours in the office of the city2 clerk or county recorder, in the office of the agency, and at all times3 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 and7 file with its local governing body an annual financial report and shall8 prepare, approve, and adopt an annual budget for filing with the local9 governing body, for informational purposes. A budget means an annual10 estimate of revenues and expenses for the following fiscal year of the11 agency.12 (6) An urban renewal agency shall comply with the public records law13 pursuant to chapter 1, title 74, Idaho Code, open meetings law pursuant to14 chapter 2, title 74, Idaho Code, the ethics in government law pursuant to15 chapter 4, title 74, Idaho Code, and the competitive bidding provisions of16 chapter 28, title 67, Idaho Code.17 (7) A local governing body that has created an urban renewal agency may18 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 an20 urban renewal agency, it shall adopt a resolution of intent to dissolve the21 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 any24 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 renewal27 agency shall then participate in a joint meeting to discuss dissolution. If28 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, by31 ordinance, for a dissolution of the agency. The ordinance shall be effec-32 tive upon publication. The ordinance shall be recorded in the real property33 records of the county in which the agency operated. The local governing body34 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 renewal37 agency, title to all property of the urban renewal agency shall revert to the38 municipality.39

SECTION 13. That Section 67-5282, Idaho Code, be, and the same is hereby40 amended to read as follows:41 67-5282. DUTIES AND PROHIBITED CONDUCT OF THE CHIEF ADMINISTRATIVE42 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 proceedings46 as are conducted by the office of administrative hearings in accordance47 with section 67-5280(2)(a) and (b), Idaho Code;48

36 (c) Devote full-time to the office of administrative hearings and his1 obligations as chief administrative law judge;2 (d) Subject to applicable law and regulation, appoint, supervise, and3 remove administrative law judges and staff as he deems appropriate to4 the proper functioning of the office of administrative hearings, deter-5 mine the duties of such appointees as he deems appropriate, and, from6 among the administrative law judges employed by the office of adminis-7 trative hearings, designate a deputy chief administrative law judge to8 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 provisions11 of this chapter, to implement sections 67-5280 through 67-5286, Idaho12 Code;13 (f) Establish a hearing officer code of conduct that shall, among other14 things, provide for independent and unbiased decision-making by hear-15 ing officers both as perceived and in fact and provide for a system to16 monitor compliance with, and sanction violations of, the hearing offi-17 cer code of conduct;18 (g) Protect and ensure the decisional independence of administrative19 law judges and independent contractor hearing officers;20 (h) Implement a system for monitoring the quality of contested case21 proceedings and such other proceedings as are conducted by the office of22 administrative hearings in accordance with section 67-5280(2)(a) and23 (b), Idaho Code;24 (i) At his discretion, unless otherwise prohibited by state or federal25 law, retain independent contractor hearing officers at reasonable and26 consistent rates of compensation; provided that an independent con-27 tractor hearing officer with specialized expertise may be compensated28 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 in30 order to obtain such expertise; and31 (j) Contract with agencies to conduct such adjudicatory hearings, me-32 diations, and arbitrations authorized by section 67-5280(2)(b), Idaho33 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 of36 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 administrative39 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, title45 34 or chapter 66, title 67 chapter 3, title 74, Idaho Code, or otherwise;46 and47 (d) Hold any other public or private-sector position, whether for48 profit or otherwise, except for volunteer or adjunct faculty positions49

37 that are not inconsistent with his duties as chief administrative law1 judge.2

SECTION 14. That Section 72-1503, Idaho Code, be, and the same is hereby3 amended to read as follows:4 72-1503. POLITICAL ACTIVITIES PROHIBITED. No person may serve on the5 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 person7 serving on the commission becomes a candidate, a vacancy on the commission8 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 is10 hereby repealed.11

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 the14 person's next annual report is due.15

SECTION 17. An emergency existing therefor, which emergency is hereby16 declared to exist, this act shall be in full force and effect on and after17 July 1, 2026.18