Repeals and adds to existing law to provide for the crime of illegal voting, to provide for the crime of interference with an election, and to provide for the crime of tampering with voting machines or vote tally systems.

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 697 BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE AN ACT1 RELATING TO ELECTIONS; REPEALING SECTION 18-2306, IDAHO CODE, RELATING TO2 ILLEGAL VOTING, INTERFERENCE WITH AN ELECTION, AND TAMPERING WITH VOT-3 ING MACHINES OR VOTE TALLY SYSTEMS; AMENDING CHAPTER 23, TITLE 18, IDAHO4 CODE, BY THE ADDITION OF A NEW SECTION 18-2306, IDAHO CODE, TO PROVIDE5 FOR THE CRIME OF ILLEGAL VOTING; AMENDING CHAPTER 23, TITLE 18, IDAHO6 CODE, BY THE ADDITION OF A NEW SECTION 18-2306A, IDAHO CODE, TO PROVIDE7 FOR THE CRIME OF INTERFERENCE WITH AN ELECTION; AMENDING CHAPTER 23,8 TITLE 18, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 18-2306B, IDAHO9 CODE, TO PROVIDE FOR THE CRIME OF TAMPERING WITH VOTING MACHINES OR VOTE10 TALLY SYSTEMS; AND DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE11 DATE.12

Be It Enacted by the Legislature of the State of Idaho:13

SECTION 1. That Section 18-2306, Idaho Code, be, and the same is hereby14 repealed.15

SECTION 2. That Chapter 23, Title 18, Idaho Code, be, and the same is16 hereby amended by the addition thereto of a NEW SECTION, to be known and des-17 ignated as Section 18-2306, Idaho Code, and to read as follows:18 18-2306. ILLEGAL VOTING. Every person not entitled to vote who fraudu-19 lently votes and every person who votes more than once at any one (1) election20 or knowingly hands in two (2) or more tickets folded together shall be guilty21 of a felony.22

SECTION 3. That Chapter 23, Title 18, Idaho Code, be, and the same is23 hereby amended by the addition thereto of a NEW SECTION, to be known and des-24 ignated as Section 18-2306A, Idaho Code, and to read as follows:25 18-2306A. INTERFERENCE WITH ELECTION. (1) Every person who changes26 any ballot after the same has been deposited in the ballot box, or who adds,27 or attempts to add, any ballot to those legally polled at any election, ei-28 ther by fraudulently introducing the same into the ballot box before or after29 the ballots therein have been counted, or by adding to or mixing with, or30 attempting to add to or mix with, the ballots lawfully polled, other ballots,31 while the same are being counted or canvassed, or at any other time, with32 intent to change the result of such election shall be guilty of a felony.33 (2) Every person who carries away or destroys, or attempts to carry away34 or destroy, any poll list, ballots, or ballot box, for the purpose of break-35 ing up or invalidating such election, or who willfully detains, mutilates,36 or destroys any election returns, or who in any manner so interferes with the37 officers holding such election or conducting such canvass or with the voters38 lawfully exercising their rights of voting at such election, as to prevent39

2 such election or canvass from being fairly held and lawfully conducted shall1 be guilty of a felony.2

SECTION 4. That Chapter 23, Title 18, Idaho Code, be, and the same is3 hereby amended by the addition thereto of a NEW SECTION, to be known and des-4 ignated as Section 18-2306B, Idaho Code, and to read as follows:5 18-2306B. TAMPERING WITH VOTING MACHINES OR VOTE TALLY SYSTEMS. Every6 person who violates the provisions of section 34-2404(1) or (2), Idaho Code,7 by tampering with a voting machine or vote tally system shall be guilty of a8 felony.9

SECTION 5. An emergency existing therefor, which emergency is hereby10 declared to exist, this act shall be in full force and effect on and after11 July 1, 2026.12