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H05012026 Regular Session

Amends existing law to require signature gatherers to be qualified electors and to require paid signature gatherers to provide the name of the persons or entities that are paying them on their badge.

BALLOT MEASURES -- Amends existing law to require signature gatherers to be qualified electors and to require paid signature gatherers to provide the name of the persons or entities that are paying them on their badge.

IntroducedIn CommitteeFloor VoteEnacted

Committee: State Affairs

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This legislation amends Idaho Code 34-1807 to require paid signature gatherers, on certain petitions, to wear a badge with their name and the name of persons or entities that are providing payment to those persons, if any. This legislation increases transparency to the petition process.

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This legislation will have no discernible fiscal impact on any state political subdivision nor the state general fund. Any enforcement costs will be managed within existing budgets.

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LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 501 BY STATE AFFAIRS COMMITTEE AN ACT1 RELATING TO BALLOT MEASURES; AMENDING SECTION 34-1807, IDAHO CODE, TO RE-2 VISE PROVISIONS REGARDING THE CIRCULATION OF PETITIONS, TO PROVIDE CER-3 TAIN REQUIREMENTS FOR SIGNATURE GATHERERS, AND TO MAKE TECHNICAL COR-4 RECTIONS; AND DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE.5

Be It Enacted by the Legislature of the State of Idaho:6

SECTION 1. That Section 34-1807, Idaho Code, be, and the same is hereby7 amended to read as follows:8 34-1807. CIRCULATION OF PETITIONS -- PAID SIGNATURE GATHERERS --9 VERIFICATION OF PETITION AND SIGNATURE SHEETS -- CERTIFICATION OF PETITION10 SIGNERS -- CERTAIN PETITIONS AND SIGNATURES VOID. (1) Any person who cir-11 culates any petition for an initiative or referendum shall be a resident12 qualified elector of the state of Idaho and at least eighteen (18) years of13 age.14 (2)(a) Any person who accepts payment to circulate a petition for an15 initiative or referendum shall, prior to accepting a signature:16 (i) Verbally notify any potential signatory that such person is17 accepting payment to gather signatures and provide the name of the18 person or entity providing payment to such person; and19 (ii) Cause to be printed on each page of any petition for an ini-20 tiative or referendum a prominent and legible declaration that21 such person is receiving payment in exchange for circulating the22 petition and the name of the person persons or entities providing23 payment to such person.24 (b) At all times a person is circulating a petition pursuant to para-25 graph (a) of this subsection, such person shall wear a badge that is26 clearly visible to any potential signatory and that contains the words27 "paid petition circulator" on it as well as the name of the persons or28 entities providing payment to such person.29 (c) The Idaho secretary of state shall promulgate rules to implement30 the provisions of this subsection, which shall provide details re-31 garding the font specifications that shall be required for the printed32 declaration required under paragraph (a)(ii) of this subsection and the33 specifications regarding font, shape, color, and size requirements for34 the badge required under paragraph (b) of this subsection.35 (3) Each and every sheet of every such petition containing signatures36 shall be verified on the face thereof in substantially the following form,37 by the person who circulated said sheet of said petition, by his or her affi-38 davit thereon, and as a part thereof:39 (a) For persons not accepting payment for circulating a petition:40

2 State of Idaho )1 )ss.2 County of.... )3 I,...., being first duly sworn, say that I am a resident qualified elec-4 tor of the State of Idaho and at least eighteen (18) years of age; that I have5 not and will not accept remuneration in any way related to the petition; that6 every person who signed this sheet of the foregoing petition signed his or7 her name thereto in my presence; that I believe that each has stated his or8 her name, address and residence correctly; and that each signer is a quali-9 fied elector of the State of Idaho and a resident of the county of.....10 Signed.................................11 Post office address.....................12 Subscribed and sworn to before me this.... day of.....13 (Notary Seal) Notary Public ..........................14 Residing at ............................15 (b) For persons accepting payment for circulating a petition:16 State of Idaho )17 )ss.18 County of.... )19 I,...., being first duly sworn, say that I am a resident qualified elec-20 tor of the state State of Idaho and at least eighteen (18) years of age; that21 every person who signed this sheet of the foregoing petition signed his or22 her name thereto in my presence, after I verbally notified each individual23 signer that I will receive payment in exchange for gathering the signatures24 on this sheet; that I believe that each has stated his or her name, address25 and residence correctly; and that each signer is a qualified elector of the26 State of Idaho and a resident of the county of.....27 I am accepting payment for the circulation of the foregoing petition28 by.... and the address of such payor is.....29 Signed.................................30 Post office address.....................31 Subscribed and sworn to before me this.... day of.....32 (Notary Seal) Notary Public ..........................33 Residing at ............................34 (4) In addition to said affidavit, the county clerk shall carefully ex-35 amine said petitions and strike from the petition any names for which he has36 determined that the name, address, or signature do not match and confirm that37 each name, address, and signature matches those of a qualified elector of the38 proper jurisdiction and that the petitions conform to all other provisions39 of this section. The county clerk shall attach to the signature sheets a cer-40 tificate to the secretary of state substantially as follows:41 State of Idaho )42 )ss.43 County of.... )44 To the Honorable...., Secretary of State for the State of Idaho:45 I,...., County Clerk of.... County, hereby certify that.... signatures on46

3 this petition are those of qualified electors in Legislative District Num-1 ber.....2 Signed.................................3 County Clerk or Deputy.4 (Seal of office)5 (5) The county clerk shall deliver the petition or any part thereof to6 the person from whom he received it with his certificate attached thereto7 as above provided. The forms herein given are not mandatory and if substan-8 tially followed in any petition, it shall be sufficient, disregarding cleri-9 cal and merely technical error.10 (6) Any petition on which signatures are obtained by a person not a11 resident qualified elector of the state of Idaho and at least eighteen (18)12 years of age shall be void. The definition of resident qualified elector in13 section 34-107 34-104, Idaho Code, shall apply to the circulators of initia-14 tive and referendum petitions.15 (7) Any signature that is not a physical signature, including an elec-16 tronic signature, is void.17 (8) Any petition for an initiative or referendum on which signatures18 are obtained that is circulated in violation of the disclosure provisions19 provided in subsection (2) of this section is void.20

SECTION 2. An emergency existing therefor, which emergency is hereby21 declared to exist, this act shall be in full force and effect on and after22 July 1, 2026.23

house Chamber· Feb 18, 2026

House Third Reading

✓ Passed
65 Yea
0 Nay
5 absentPassed by 65 votes
Republican
57 yea/0 nay
Democrat
8 yea/0 nay
Show all 65 voter names

Introduced, read first time; referred to: State Affairs