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. 1341 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) "Election" means any state or local general, special, recall, or20 primary election.21 (4) "Election campaign" means any campaign in support of or in opposi-22 tion to a candidate for election to public office and any campaign in support23 of or in opposition to a measure.24 (5)(a) "Electioneering communication" means any paid public communi-25 cation that:26 (i) Unambiguously refers to any candidate;27 (ii) Is broadcast, printed, mailed, delivered, made, dis-28 tributed, or disseminated to a recipient by telephone, in a digi-29 tal format online, or by other electronic means during the thirty30 (30) day period before a primary election or the sixty (60) day31 period before a general election; and32 (iii) Is directed to an audience that includes members of the elec-33 torate for the candidate's public office.34 (b) An electioneering communication does not include:35 (i) Any news articles, editorial endorsements, opinion or com-36 mentary, writings, or letters to the editor printed in a newspa-37 per, magazine, or other periodical not owned or controlled by a38 candidate, political action committee, or political party;39 (ii) Media appearances by a candidate on television, radio shows,40 podcasts, or any other type of digital media not owned or con-41 trolled by a candidate, political action committee, or political42 party;43 (iii) Any editorial endorsements or opinions aired by a broadcast44 facility not owned or controlled by a candidate, political action45 committee, or political party;46 (iv) Any communication by persons made in the regular course and47 scope of their business or any communication made by a membership48 organization solely to members of such organization and their fam-49 ilies;50

4 (v) Any communication that refers to any candidate only as part of1 the popular name of a bill or statute; or2 (vi) A communication that constitutes an expenditure by a candi-3 date or political action committee or an independent expenditure4 that is otherwise reported under this chapter.5 (6) "Employee" means an individual who performs a service for wages or6 other compensation from which the individual's employer withholds federal7 employment taxes under a contract for hire, written or oral.8 (7) "Expenditure" includes any payment, contribution, subscription,9 distribution, loan, advance, deposit, or gift of money or anything of value10 and includes a contract, promise, or agreement, whether or not legally en-11 forceable, to make an expenditure. The term "expenditure" also includes a12 promise to pay, a payment or a transfer of anything of value in exchange for13 goods, services, property, facilities, or anything of value for the purpose14 of assisting, benefiting, or honoring any public official or candidate, or15 assisting in furthering or opposing any election campaign. For the purpose16 of determining when an expenditure report should be filed under this chap-17 ter, an expenditure is made on the day that the communication paid for with18 the expenditure is publicly distributed or otherwise viewed by the public or19 on the date payment is made, whichever is earlier.20 (8)(a) "Independent expenditure" means any expenditure by a person21 for a communication expressly advocating the election or defeat of a22 clearly identified candidate that is not made in coordination with the23 candidate.24 (b) As used in this subsection, "expressly advocating" means any com-25 munication containing a message advocating the election or defeat of a26 candidate by using the name of the candidate and using phrases includ-27 ing but not limited to "vote for," "elect," "support," "cast your ballot28 for," "vote against," "defeat," or "reject."29 (c) For the purpose of determining whether an expenditure is made in30 coordination with a candidate or political action committee, the term31 "coordination" means and includes but is not limited to an expenditure32 made with the cooperation of, with the prior consent or knowledge of, in33 consultation with, or at the request or suggestion of, or using nonpub-34 lic information obtained from, a candidate or the candidate's agent or35 paid or unpaid staff or volunteer, a person acting on behalf of a can-36 didate, or a person acting as a conduit for messages to or from a candi-37 date's campaign.38 (9) "Local government office" means any publicly elected office for any39 political subdivision of the state or special district that is not a legisla-40 tive, judicial, statewide, or federal office.41 (10) "Measure" means any proposal submitted to the people for their ap-42 proval or rejection at a statewide or local election, including any initia-43 tive, referendum, recall election, or revision of or amendment to the state44 constitution. An initiative or referendum proposal shall be deemed a mea-45 sure when the attorney general, county prosecutor, or city attorney, as ap-46 propriate, reviews it and gives it a ballot title. A recall shall be deemed47 a measure upon approval of the recall petition as to form pursuant to section48 34-1704, Idaho Code.49

5 (11)(a) "Measure expenditure" means any expenditure by a person for a1 communication expressly advocating the passage or defeat of a clearly2 identified measure.3 (b) As used in this subsection, "expressly advocating" means any com-4 munication containing a message advocating the passage or defeat of a5 measure by using the name of the measure and using phrases including6 but not limited to "vote for," "support," "cast your ballot for," "vote7 against," "defeat," or "reject."8 (12) "Person" means an individual, corporation, association, firm,9 partnership, committee, political party, club, or other organization or10 group of persons.11 (13) "Political action committee" means:12 (a) Any person specifically designated to support or oppose any candi-13 date or measure; or14 (b) Any person who receives contributions and makes expenditures in an15 amount exceeding one thousand dollars ($1,000) in any calendar year for16 the purpose of supporting or opposing one (1) or more candidates or mea-17 sures.18 (14) "Political treasurer" means an individual appointed by a candidate19 as provided in section 74-3-202, Idaho Code, or by a political action commit-20 tee as provided in section 74-3-302, Idaho Code.21 (15) "Public office" means any local, legislative, judicial, or state22 office or position that is filled by election but does not include the office23 of precinct committeeman.24 74-3-103. FOREIGN CONTRIBUTIONS, FOREIGN INDEPENDENT EXPENDITURES,25 AND FOREIGN ELECTIONEERING COMMUNICATIONS PROHIBITED. (1) A foreign na-26 tional shall not make a contribution, directly or indirectly, to any27 candidate, political action committee, or measure or make electioneering28 communications or independent expenditures.29 (2) As used in this section:30 (a) "Foreign national" means:31 (i) An individual who is not a citizen of the United States and is32 not lawfully admitted for permanent residence;33 (ii) A government or subdivision of a foreign country;34 (iii) A foreign political party; or35 (iv) Any entity, such as a partnership, association, corporation,36 organization, union, or other combination of persons, that is or-37 ganized under the laws of or has its principal place of business in38 a foreign country.39 (b) "Indirectly" means making a contribution or payment to a person40 with a designation, instruction, or encumbrance, whether direct or41 indirect, express or implied, oral or written, or involving interme-42 diaries or conduits, that results in any part of the contribution or43 payment being used for a purpose described in subsection (1) of this44 section.45 (3) A violation of the provisions of this section shall be prosecuted46 and punished as provided in part 5 of this chapter. However, any person who47 knowingly and willfully violates the provisions of this section is guilty of48 a felony when:49

6 (a) The aggregate amount of contributions, independent expenditures,1 or cost of electioneering communications made in violation of this sec-2 tion exceeds one thousand dollars ($1,000) in a consecutive twelve (12)3 month period; or4 (b) The person pleads guilty to or is found guilty of a knowing and will-5 ful violation of the provisions of this section for a second time within6 ten (10) years, notwithstanding the form of the judgment or withheld7 judgment.8 (4) If any provision of this section or its application to any person or9 circumstance is held invalid, the remainder of the section or the applica-10 tion of the provision to other persons or circumstances is not affected.11 74-3-104. COMMERCIAL RECORDKEEPING. Each newspaper, periodical,12 broadcasting station, direct mailing company, printer, and advertising13 agency shall keep a current record of any and all obligations incurred by14 a candidate or political action committee and payments made by a candidate15 or political action committee. Such records shall be made available for16 inspection upon request by the secretary of state. Failure to make such17 records available shall result in a civil fine not to exceed one thousand18 dollars ($1,000).19 74-3-105. REPORTS TO BE CERTIFIED. All reports required to be filed20 with the secretary of state under this chapter shall be signed and certi-21 fied as true and correct by the person required to file the same. Electronic22 signatures and certifications shall be governed by the uniform electronic23 transactions act, chapter 50, title 28, Idaho Code.24 74-3-106. IDENTIFICATION OF SOURCE OF CONTRIBUTIONS AND EXPENDITURES25 -- COMMUNICATIONS. (1) No contribution shall be made and no expenditure26 shall be incurred, directly or indirectly, in a fictitious name, anony-27 mously, or by one (1) person through an agent, relative, or other person in28 such a manner as to conceal the identity of the source of the contribution.29 (2)(a) To ensure the proper reporting and identification of the source30 of expenditures, any public communication made that is reportable as an31 expenditure under this chapter shall clearly state: "Paid for by [the32 official name of the candidate, political action committee, or fil-33 ing entity]" and shall further state the filing entity identification34 number, if available, as registered or reported with the secretary of35 state.36 (b) The provisions of this subsection shall not apply to campaign mate-37 rials that are being reused by any candidate who has run for public of-38 fice prior to 2026, as long as the person responsible for such communi-39 cations is clearly indicated on such communications.40 (c) Failure to comply with the provisions of this section shall result41 in a civil fine payable to the secretary of state in the amount of fifty42 dollars ($50.00) plus five percent (5%) of the monetary value of the ex-43 penditure being made, rounded up to the nearest whole number. The sec-44 retary of state shall deposit any civil fines collected pursuant to this45 section to the general fund.46

7 74-3-107. PERSUASIVE POLL CONCERNING CANDIDATE OR MEASURE MUST IDEN-1 TIFY PERSON OR ENTITY PAYING FOR POLL. (1) If a person, candidate, politi-2 cal party, or political committee requests or compensates a person to con-3 duct or cause to be conducted a persuasive poll by telephone concerning a4 candidate or to produce automated or computerized messages by telephone to5 conduct a persuasive poll concerning a candidate, the person conducting the6 poll shall, at the end of the poll, disclose the name and telephone number7 of the person, candidate, political party, or political committee that re-8 quested or compensated the person for the poll.9 (2) As used in this section, "persuasive poll" means the canvassing of10 persons, by means other than an established method of scientific sampling,11 by asking questions concerning a candidate that are designed to provide in-12 formation to advocate for the election, approval, or defeat of a candidate or13 measure. The term does not include a poll that is conducted only to measure14 the public's opinion about or reaction to an issue, fact, or theme.15 (3) A violation of the provisions of this section shall be punishable as16 provided in part 5 of this chapter.17

SECTION 3. That Chapter 3, Title 74, Idaho Code, be, and the same is18 hereby amended by the addition thereto of a NEW PART, to be known and desig-19 nated as Part 2, Chapter 3, Title 74, Idaho Code, and to read as follows:20 PART 221 CANDIDATES22 74-3-201. CANDIDATES FOR PUBLIC OFFICE -- ESTABLISHMENT OF CAMPAIGN23 FINANCE ACCOUNT. (1) A candidate shall be subject to the requirements of this24 chapter once the candidate has taken any of the following actions:25 (a) Announced the individual's candidacy publicly;26 (b) Established a campaign finance account with the secretary of27 state's office;28 (c) Received a contribution for the purpose of promoting the individ-29 ual's candidacy for office; or30 (d) Made an expenditure, contracted for services, or reserved space31 with the intent of promoting the individual's candidacy for office.32 (2) For purposes of this chapter, an incumbent shall be presumed to be33 a candidate in the subsequent election for the incumbent's office until the34 incumbent has failed to file for office by the statutory deadline.35 (3) Each candidate shall establish a campaign finance account with the36 secretary of state's office as prescribed by the secretary of state. The37 candidate shall provide the full name and address of the candidate, the of-38 fice being sought by the candidate, and the name and address of the candi-39 date's political treasurer.40 74-3-202. APPOINTMENT OF POLITICAL TREASURER FOR CANDIDATE. (1) Each41 candidate shall appoint a political treasurer who is a registered elector of42 this state. The candidate shall certify the full name and complete address43 of the political treasurer to the secretary of state at the time the candi-44 date establishes a campaign finance account with the secretary of state's45 office or as soon thereafter as practicable.46

8 (2) No contribution shall be received or expenditure made by or on be-1 half of a candidate until a political treasurer has been appointed pursuant2 to the provisions of this section. Contributions must be received and expen-3 ditures must be made by or through the candidate's political treasurer.4 (3) A candidate may appoint himself to serve as his own political trea-5 surer.6 (4) An individual may be appointed and serve as political treasurer for7 more than one (1) candidate and political action committee.8 (5) A candidate may remove his political treasurer. In the case of the9 death, resignation, or removal of a political treasurer before all obliga-10 tions of a political treasurer under this chapter have been met, the candi-11 date shall appoint a successor political treasurer and certify the name and12 address of the successor in the manner provided in the case of an original ap-13 pointment.14 74-3-203. DUTIES OF POLITICAL TREASURER FOR CANDIDATE. (1) The polit-15 ical treasurer or candidate shall serve as the official point of contact for16 the secretary of state for the candidate's campaign.17 (2) The political treasurer for each candidate shall maintain at least18 one (1) checking account with a financial institution. All moneys received19 by the candidate's campaign shall be deposited in such account. The polit-20 ical treasurer for each candidate shall keep detailed accounts of all con-21 tributions received and all expenditures made by or on behalf of the candi-22 date. The political treasurer shall keep the accounts current within seven23 (7) days after the date of receiving a contribution or making an expenditure.24 A candidate's campaign funds shall be segregated from, and may not be commin-25 gled with, any other account. A candidate who loans his campaign his own per-26 sonal funds must transfer those funds to his campaign account.27 (3) The political treasurer shall be responsible for making and filing28 all reports that are required of a candidate under this chapter. Accounts29 kept by the political treasurer for a candidate are subject to inspection by30 the office of the secretary of state in the case of an investigation pursuant31 to section 74-3-501 or 74-3-502, Idaho Code.32 (4) Accounts kept by a political treasurer shall be preserved by him for33 at least one (1) year after the date of the election to which the accounts re-34 fer or at least one (1) year after the date the last report is filed under sec-35 tion 74-3-205, Idaho Code, whichever is later.36 74-3-204. IDENTIFICATION OF SOURCE OF CONTRIBUTIONS AND EXPENDITURES37 -- CANDIDATES. (1) No contribution shall be made and no expenditure shall be38 incurred, directly or indirectly, in a fictitious name, anonymously, or by39 any person through an agent, relative, or other person in such a manner as to40 conceal the identity of the source of the contribution.41 (2)(a) Any person who contributes to a candidate shall accompany the42 contribution with a report of his full name and complete address.43 (b) If a political treasurer is offered or receives contributions of44 more than one hundred dollars ($100) in the aggregate from the same per-45 son during a calendar year, and there is no report of the full name and46 complete address of the person making the contribution, the contribu-47 tion shall be returned to the contributor if his identity can be ascer-48

9 tained. If the contributor's identity cannot be ascertained, the con-1 tribution shall be transmitted immediately by the political treasurer2 to the secretary of state, who shall transmit it to the state controller3 for deposit in the general fund.4 (3) Contributions shall not be obtained for a candidate's campaign by5 use of coercion or physical force, by making a contribution a condition of6 employment or membership, or by using or threatening to use job discrimina-7 tion or financial reprisals. A violation of the provisions of this section8 shall be punishable as provided in part 5 of this chapter.9 74-3-205. REPORTS OF CONTRIBUTIONS TO AND EXPENDITURES BY CANDI-10 DATES. (1) The political treasurer for each candidate shall file with the11 secretary of state a report of all contributions received and all expen-12 ditures and encumbrances made by or on behalf of the candidate during the13 reporting period, beginning with the month in which the first contribution,14 expenditure, or encumbrance took place. The report shall itemize each15 contribution received and each expenditure or encumbrance made during the16 reporting period and shall include the following:17 (a) Under contributions, the report shall include a list of all the con-18 tributions received, including any funds or property of the candidate19 used to cover expenditures. The report shall list the full name and com-20 plete address of each person who contributed an aggregate amount of more21 than one hundred dollars ($100) and the amount contributed by that per-22 son. The report may list as a single item the total amount of contribu-23 tions of one hundred dollars ($100) or less; and24 (b) Under expenditures, the report shall include the name, city, and25 state of each person to whom an expenditure or encumbrance was made of at26 least twenty-five dollars ($25.00) but no more than one hundred dollars27 ($100) and the amount, date, and purpose of each such expenditure. For28 expenditures of more than one hundred dollars ($100), the report shall29 include the name and address of each person to whom an expenditure or en-30 cumbrance was made and the amount, date, and purpose of each such expen-31 diture. Each expenditure or encumbrance in the amount of twenty-five32 dollars ($25.00) or more shall be evidenced by an invoice, receipt, or33 canceled check or an accurate copy thereof. Such evidence shall not be34 filed with the report but shall be retained by the candidate's treasurer35 for a period of one (1) year after the report has been filed. The re-36 port may list as a single item the total amount of expenditures and en-37 cumbrances of less than twenty-five dollars ($25.00) each without show-38 ing the exact amount of or requiring evidence of each such expenditure39 or encumbrance. Anything of value, other than money, paid for or con-40 tributed by any person shall be listed both as an expenditure and as a41 contribution.42 (2) Regular reports required by this section shall be filed pursuant to43 this subsection.44 (a) In the year in which the candidate's election is to take place, re-45 ports shall be filed on a monthly basis on or before the tenth day of the46 month following the month being reported. Additional reports shall be47 filed:48

10 (i) Three (3) days before the primary election, covering the pe-1 riod from the close of the most recent monthly report through seven2 (7) days before the primary election; and3 (ii) Three (3) days before the general election, covering the pe-4 riod from the close of the most recent monthly report through seven5 (7) days before the general election.6 (b) In any nonelection year for the candidate, reports shall be filed7 on a quarterly basis and shall be due on or before the tenth day of the8 month immediately following the close of the quarter, on April 10, July9 10, October 10, and January 10.10 (3) The political treasurer for a candidate for a judicial office or a11 local government office is exempt from filing reports under this chapter un-12 less and until such time as the candidate receives contributions or expends13 funds in the amount of five hundred dollars ($500) or more. Within seven (7)14 calendar days of the five-hundred-dollar ($500) threshold being met, the po-15 litical treasurer for the candidate shall file a cumulative report covering16 the period from the first contribution or expenditure to the current date and17 shall file all subsequent reports on a regular basis according to the provi-18 sions of subsection (2) of this section, regardless of amounts received or19 expended.20 (4) In addition to the reports required pursuant to subsections (2) and21 (3) of this section, the political treasurer for a candidate shall report22 to the secretary of state any contribution received of one thousand dollars23 ($1,000) or more within forty-eight (48) hours after the receipt of such con-24 tribution. Such a report shall include the name of the candidate, the iden-25 tification of the contributor, and the date of receipt and amount of the con-26 tribution.27 (5) All reports required pursuant to this section shall be filed online28 with the secretary of state by no later than midnight on the date the filing29 is due.30 (6) If no contribution is received or expenditure made by or on behalf31 of a candidate during a monthly reporting period, the political treasurer32 for the candidate shall file with the secretary of state a report to that ef-33 fect by the tenth day of the following month.34 (7) Reports required to be filed under the provisions of this section35 shall be filed until the account no longer shows any unexpended balance of36 contributions or expenditure deficit. Once an account no longer shows a pos-37 itive balance or debt, the candidate may notify the secretary of state's of-38 fice that the account may be closed. If the account has shown no positive39 balance or debt for a period of two (2) years and the candidate has not re-40 quested account closure, the secretary of state may administratively close41 the candidate's account following thirty (30) days' notice to the candidate.42 (8) Candidates for federal office are not required to file contribution43 and expenditure reports with the state under this section. A federal can-44 didate's authorized committee may make contributions to candidates in Idaho45 without filing reports under this subsection if the authorized committee is46 in compliance with federal election commission reporting requirements. Any47 contributions received pursuant to this section shall be reported using the48 official name of the candidate's authorized committee and the identifica-49 tion number as registered with the federal election commission.50

11 74-3-206. LIMITATIONS ON CONTRIBUTIONS TO CANDIDATES.1 (1)(a) Aggregate contributions by any person to a candidate for the2 state legislature, judicial office, or local government office shall be3 limited to no more than one thousand five hundred dollars ($1,500) for4 the primary election and no more than one thousand five hundred dollars5 ($1,500) for the general election.6 (b) Aggregate contributions for a primary election or a general elec-7 tion by any person to a candidate for statewide office shall be limited8 to no more than six thousand dollars ($6,000) for the primary election9 and no more than six thousand dollars ($6,000) for the general election.10 For purposes of this subsection, "statewide office" shall mean an of-11 fice in state government that appears on the primary or general election12 ballot throughout the state.13 (2) The provisions of subsection (1) of this section shall not apply to14 political party committees, including state, county, legislative district,15 or regional central committees. Such committees are governed by the provi-16 sions of section 74-3-402, Idaho Code.17 (3) A candidate may not accept contributions for running in a general18 election until the candidate has won his primary election.19 (4) Candidates may allocate only those contributions received by the20 time the polls close on election day to that election. Contributions re-21 ceived after such time must be allocated by the candidate to a future elec-22 tion.23 (5) For purposes of contribution limits in this section, recall and24 special elections shall be treated the same as general elections.25 (6) Contributions other than money or its equivalent are deemed to have26 a monetary value equivalent to the fair market value of the contribution.27 Services or property or rights furnished at less than their fair market value28 for the purpose of assisting any candidate or political action committee are29 deemed a contribution. A contribution of this kind shall be reported as an30 in-kind contribution at its fair market value and counts toward any applica-31 ble contribution limit of the contributor. Contributions shall not include32 the personal services of volunteers.33 (7) For the purposes of contribution limits, the following provisions34 apply:35 (a) A contribution by a political action committee with funds that have36 all been contributed by one (1) person who exercises exclusive control37 over the distribution of the funds of the political action committee is38 a contribution by the controlling person;39 (b) All contributions made by a person or political action committee40 whose contribution or expenditure activity is financed, maintained, or41 controlled by a trade association, labor union, or collective bargain-42 ing organization shall be considered a contribution from such trade as-43 sociation, labor union, or collective bargaining organization; and44 (c) Two (2) or more entities are treated as a single entity if the enti-45 ties:46 (i) Share the majority of members on their board of directors;47 (ii) Share two (2) or more officers;48 (iii) Are owned or controlled by the same majority shareholder or49 shareholders or persons;50

12 (iv) Are in a parent-subsidiary relationship; or1 (v) Have bylaws so stating.2 (8) The contribution limits provided for in this section shall not ap-3 ply to a candidate contributing or loaning money to his own campaign account.4 (9) A candidate for state legislative office may terminate his campaign5 account and transfer the balance of funds to a new campaign account if such6 candidate will campaign for a different state legislative office. Any con-7 tributions received in the candidate's closed account, combined with any8 contributions received in the candidate's new account, shall count against9 the contribution limits provided in this section when received from the same10 contributor for the same election date.11 (10) The provisions of this section are hereby declared to be severable12 and if any provision of this section or the application of such provision to13 any person or circumstance is declared invalid for any reason, such declara-14 tion shall not affect the validity of the remaining portions of this section.15 74-3-207. CANDIDATE COORDINATION PROHIBITED. (1) A candidate may not16 coordinate with another person to benefit from an independent expenditure,17 as defined in section 74-3-102, Idaho Code.18 (2) If an expenditure is made in coordination with a candidate, it shall19 be considered a contribution in-kind to the candidate and shall be reported20 by the candidate and be included in the candidate's campaign contribution21 limits.22 (3) An expenditure by a person that is not made in coordination with a23 candidate is not attributed to or reportable by a candidate and must be re-24 ported by the person making the independent expenditure pursuant to the pro-25 visions of section 74-3-404, Idaho Code.26 (4) For the purpose of determining whether an expenditure is made in co-27 ordination with a candidate, the term "coordination" means and includes but28 is not limited to an expenditure made with the cooperation of, with the prior29 consent or knowledge of, in consultation with, at the request or suggestion30 of, or using nonpublic information obtained from a candidate or the candi-31 date's agent or paid or unpaid staff or volunteer or any person acting as a32 conduit for messages to or from the candidate's campaign. Coordination is33 presumed if a candidate benefiting from an independent expenditure by a po-34 litical action committee is also the treasurer or any other board member of35 that political action committee.36 74-3-208. RETIRING DEBT. (1) If a candidate has unpaid debt at the end37 of the reporting periods specified in section 74-3-205, Idaho Code, then the38 candidate may accept additional contributions to retire such unpaid debt,39 provided the contributions do not exceed the applicable contribution limits40 prescribed in this chapter.41 (2) For the purposes of this section, "unpaid debt" means any unpaid42 monetary obligation incurred by the candidate as listed on the reports filed43 through the postelection report period minus any cash balance reported on44 the postelection report. Outstanding loans are considered a type of unpaid45 debt.46

13 74-3-209. USE OF CONTRIBUTED AMOUNTS FOR CERTAIN PURPOSES. (1) A con-1 tribution accepted by a candidate may be used by the candidate:2 (a) For expenditures in connection with the candidate's campaign for3 public office;4 (b) For ordinary and necessary expenses incurred in connection with du-5 ties of the individual as a public officeholder;6 (c) For donations to an organization described in 26 U.S.C. 170(c);7 (d) For transfers, without limitation, to a national, state, or local8 committee of a political party;9 (e) For contributions to state and local candidates subject to the pro-10 visions of state law; or11 (f) For any other lawful purpose unless prohibited by subsection (2) of12 this section.13 (2) A contribution shall not be converted by any person to personal use.14 For the purposes of this subsection, a contribution shall be considered to be15 converted to personal use if the contribution is used to fulfill any commit-16 ment, obligation, or expense of a person that would exist irrespective of the17 candidate's election campaign or individual's duties as a holder of public18 office, including:19 (a) Mortgage, rent, or utility payments for a candidate's residence;20 (b) Clothing, except for items of de minimis value used in a campaign;21 (c) A noncampaign- or nonofficeholder-related automobile expense;22 (d) A country club membership;23 (e) A vacation or other noncampaign-related trip;24 (f) A tuition payment;25 (g) Admission to a sporting event, concert, theater, or other form of26 entertainment not associated with the candidate's campaign;27 (h) Dues, fees, and other payments to a health club or recreational fa-28 cility, except for fees associated with a campaign fundraising event on29 the premises;30 (i) Funeral, cremation, or burial expenses, except if the death arises31 out of or in the course of campaign activity;32 (j) Investment expenses;33 (k) Salary payments to a candidate's immediate family member, unless34 the family member is providing bona fide services and paid at a fair mar-35 ket value; and36 (l) Food purchased for daily consumption inside the home or supplies37 needed to maintain a household.38 74-3-210. USE OF SYNTHETIC MEDIA. (1) This section shall be known and39 may be cited as the "Freedom from AI-Rigged (FAIR) Elections Act."40 (2) For purposes of this section:41 (a) "Information content provider" means any person or entity that is42 responsible, in whole or in part, for the creation or development of in-43 formation provided through the internet or any other interactive com-44 puter service.45 (b) "Interactive computer service" means any information service, sys-46 tem, or access software provider that provides or enables computer ac-47 cess by multiple users to a computer server, including specifically a48

14 service or system that provides access to the internet and such systems1 operated or services offered by libraries or educational institutions.2 (c) "Synthetic media" means an audio recording or a video recording of3 an individual's speech or conduct that has been created through the use4 of generative adversarial network techniques or other digital technol-5 ogy in a manner to create a realistic but false audio or video that:6 (i) Appears to a reasonable individual to be of a real event, ac-7 tion, or speech that did not actually occur in reality; and8 (ii) Provides a fundamentally different understanding or impres-9 sion of the event, action, or speech than a reasonable person would10 have from the unaltered, original version of the audio recording11 or video recording.12 (3) A candidate whose action or speech is deceptively represented13 through the use of synthetic media in an electioneering communication, ex-14 penditure by a candidate, or independent expenditure may seek injunctive or15 other equitable relief prohibiting the publication of such synthetic media.16 (4) A candidate whose action or speech is deceptively represented17 through the use of synthetic media in an electioneering communication, ex-18 penditure by a candidate, or independent expenditure may bring an action for19 general damages, special damages, or both against the information content20 provider. The court may award a prevailing party reasonable attorney's fees21 and costs. The provisions of this subsection do not limit or preclude a22 plaintiff from securing or recovering any other available remedy.23 (5) It shall be an affirmative defense for any action brought pursuant24 to this section that the electioneering communication, expenditure by a25 candidate, or independent expenditure containing synthetic media includes26 a disclosure stating, "This (video/audio) has been manipulated" in the fol-27 lowing manner:28 (a) If the media is a video, the text of the disclosure must be promi-29 nently displayed and appear in a size easily readable by the average30 viewer, and the disclosure must appear for the duration of the video; or31 (b) If the media consists of audio only, the disclosure must be read in32 a clearly spoken manner and in a pitch that can be easily heard by the33 average listener at the beginning of the audio, at the end of the au-34 dio, and, if the audio is greater than two (2) minutes in length, in-35 terspersed within the audio at intervals of no more than two (2) minutes36 each.37 (6) In any action commenced pursuant to this section, the plaintiff38 bears the burden of establishing the use of synthetic media by clear and39 convincing evidence.40 (7) Courts are encouraged to determine matters pursuant to this section41 expediently.42 (8) For an action brought pursuant to this section, the information43 content provider of the electioneering communication, expenditure by a44 candidate, or independent expenditure may be held liable and not the medium45 disseminating the electioneering communication, expenditure by a candi-46 date, or independent expenditure except as provided in subsection (9) of47 this section.48 (9) Except when a licensee, programmer, or operator of a federally li-49 censed broadcasting station transmits an electioneering communication, ex-50

15 penditure by a candidate, or independent expenditure that is subject to 471 U.S.C. 315, a medium may be held liable in a cause of action brought pursuant2 to this section if:3 (a) The medium removes any disclosure described in subsection (5) of4 this section from the electioneering communication, expenditure by a5 candidate, or independent expenditure it disseminates; or6 (b) Subject to affirmative defenses described in this section, the7 medium changes the content of an electioneering communication, ex-8 penditure by a candidate, or independent expenditure such that it9 qualifies as synthetic media.10 (10) No provider or user of an interactive computer service shall be11 treated as the publisher or speaker of any information provided by another12 information content provider. However, an interactive computer service may13 be held liable in accordance with subsection (9) of this section.14

SECTION 4. That Chapter 3, Title 74, Idaho Code, be, and the same is15 hereby amended by the addition thereto of a NEW PART, to be known and desig-16 nated as Part 3, Chapter 3, Title 74, Idaho Code, and to read as follows:17 PART 318 POLITICAL ACTION COMMITTEES19 74-3-301. POLITICAL ACTION COMMITTEE -- ORGANIZATION.20 (1)(a) An individual, corporation, association, firm, partnership,21 committee, political party, club, or other organization or group of22 persons is a political action committee required to report under this23 chapter if it:24 (i) Is specifically designated to support or oppose any candidate25 or measure; or26 (ii) Receives contributions and makes expenditures in an amount27 exceeding one thousand dollars ($1,000) in any calendar year for28 the purpose of supporting or opposing one (1) or more candidates or29 measures.30 (b) A county, legislative district, or regional committee of a recog-31 nized political party shall not be required to report under this chapter32 as a political action committee unless it has expenditures exceeding33 five thousand dollars ($5,000) in a calendar year. Political party com-34 mittees are subject to the requirements for political action committees35 set forth in this part except as otherwise provided in section 74-3-402,36 Idaho Code.37 (2) Each political action committee shall appoint a political trea-38 surer. No contribution shall be received and no expenditure may be made by39 or on behalf of a political action committee until a political treasurer has40 been appointed pursuant to the provisions of section 74-3-302, Idaho Code.41 (3) Each political action committee shall establish a campaign finance42 account with the secretary of state no later than ten (10) days after be-43 coming a political action committee required to report pursuant to the pro-44 visions of subsection (1) of this section. The political action committee45 shall certify:46 (a) The name and address of the committee; and47 (b) The name and address of the political treasurer of the committee.48

16 (4) Any change in organization information previously submitted to the1 secretary of state shall be reported no later than ten (10) days after the2 date of the change.3 74-3-302. POLITICAL ACTION COMMITTEE -- APPOINTMENT OF POLITICAL4 TREASURER. (1) Each political action committee shall appoint a political5 treasurer who is a registered elector of this state.6 (2) An individual may be appointed and serve as political treasurer for7 more than one (1) political action committee and candidate.8 (3) A political action committee may remove its political treasurer.9 In the case of the death, resignation, or removal of its political treasurer10 before all obligations of a political treasurer under this chapter have been11 met, the political action committee shall appoint a successor political12 treasurer and certify the name and address of the successor to the secretary13 of state.14 74-3-303. DUTIES OF POLITICAL TREASURER FOR POLITICAL ACTION COMMIT-15 TEE. (1) The political treasurer shall serve as the official point of contact16 for the secretary of state for the political action committee.17 (2) The political treasurer for each political action committee shall18 maintain at least one (1) checking account with a financial institution. All19 moneys received by the political action committee shall be deposited in such20 account. The political treasurer shall keep detailed accounts of all con-21 tributions received and all expenditures made by or on behalf of the politi-22 cal action committee. The political treasurer shall keep the accounts cur-23 rent within seven (7) days after the date of receiving a contribution or mak-24 ing an expenditure. The political action committee's funds shall be segre-25 gated from and may not be commingled with any other account.26 (3) The political treasurer shall be responsible for making and fil-27 ing all reports that are required of a political action committee under this28 chapter. Accounts kept by the political treasurer for a political action29 committee are subject to inspection by the office of the secretary of state30 in the case of an investigation pursuant to section 74-3-501 or 74-3-502,31 Idaho Code.32 (4) Accounts kept by a political treasurer shall be preserved by him for33 at least one (1) year after the date of the election to which the accounts re-34 fer or at least one (1) year after the date the last report is filed under sec-35 tion 74-3-306, Idaho Code, whichever is later.36 74-3-304. CONTRIBUTIONS OBTAINED BY A POLITICAL ACTION COMMITTEE. (1)37 A political action committee may solicit or obtain contributions from indi-38 viduals as provided in chapter 26, title 44, Idaho Code, or as provided in39 section 44-2004, Idaho Code.40 (2)(a) Any person who contributes to a political action committee shall41 accompany the contribution with a report of his full name and complete42 address.43 (b) If a political treasurer is offered or receives contributions of44 more than one hundred dollars ($100) in the aggregate from the same per-45 son during a calendar year, and there is no report of the full name and46 complete address of the person making the contribution, the contribu-47

17 tion shall be returned to the contributor if his identity can be ascer-1 tained. If the contributor's identity cannot be ascertained, the con-2 tribution shall be transmitted immediately by the political treasurer3 to the secretary of state, who shall transmit it to the state controller4 for deposit in the general fund.5 (3) Contributions shall not be obtained for a political action commit-6 tee by use of coercion or physical force, by making a contribution a condi-7 tion of employment or membership, or by using or threatening to use job dis-8 crimination or financial reprisals. A violation of the provisions of this9 section shall be punishable as provided in part 5 of this chapter.10 74-3-305. USE OF CONTRIBUTED AMOUNTS FOR CERTAIN PURPOSES. (1) A con-11 tribution accepted by a political action committee may be used:12 (a) For expenditures in connection with the political action commit-13 tee's purpose of campaigning for the election or defeat of a candidate14 or measure;15 (b) For the ordinary and necessary expenses of a political action com-16 mittee;17 (c) For donations to an organization described in 26 U.S.C. 170(c);18 (d) For transfers, without limitation, to a national, state, or local19 committee of a political party;20 (e) For contributions to state and local candidates subject to the pro-21 visions of state law; or22 (f) For any other lawful purpose unless prohibited by subsection (2) of23 this section.24 (2) A contribution shall not be converted by any person for personal25 use. For the purposes of this subsection, a contribution shall be considered26 to be converted to personal use if the contribution is used to fulfill any27 commitment, obligation, or expense of a person that would exist irrespective28 of the political action committee's campaign activities.29 74-3-306. REPORTS OF CONTRIBUTIONS TO AND EXPENDITURES BY POLITICAL30 ACTION COMMITTEES. (1) The political treasurer for each political action31 committee shall file with the secretary of state a report each month of all32 contributions received and all expenditures and encumbrances made by or on33 behalf of the political action committee during the preceding month by no34 later than the tenth day of the following month. The report shall itemize35 each contribution received and each expenditure or encumbrance made during36 the monthly reporting period and shall include the following:37 (a) Under contributions, the report shall include a list of all the con-38 tributions received, including any funds or property of the political39 action committee used to cover expenditures. The report shall list the40 full name and complete address of each person who contributed an aggre-41 gate amount of more than one hundred dollars ($100) and the amount con-42 tributed by that person. The report may list as a single item the total43 amount of contributions of one hundred dollars ($100) or less; and44 (b) Under expenditures, the report shall include the name, city, and45 state of each person to whom an expenditure or encumbrance was made of at46 least twenty-five dollars ($25.00) but no more than one hundred dollars47 ($100) and the amount, date, and purpose of each such expenditure. For48

18 expenditures of more than one hundred dollars ($100), the report shall1 include the name and address of each person to whom an expenditure or en-2 cumbrance was made and the amount, date, and purpose of each such expen-3 diture. All expenditures or encumbrances in the amount of twenty-five4 dollars ($25.00) or more shall be evidenced by an invoice, receipt, or5 canceled check or an accurate copy thereof. Such evidence shall not be6 filed with the report but shall be retained by the political treasurer7 for a period of one (1) year after the report has been filed. The re-8 port may list as a single item the total amount of expenditures and en-9 cumbrances of less than twenty-five dollars ($25.00) each without show-10 ing the exact amount of or requiring evidence of each such expenditure11 or encumbrance. Anything of value, other than money, paid for or con-12 tributed by any person shall be listed both as an expenditure and as a13 contribution.14 (2) In any year in which an election is held for a candidate that a po-15 litical action committee supports or opposes by making expenditures or re-16 ceiving contributions related to such candidate's election, the political17 treasurer for such political action committee shall file additional reports18 pursuant to subsection (1) of this section as follows:19 (a) Three (3) days before the primary election, covering the period20 from the close of the most recent monthly report through seven (7) days21 before the primary election; and22 (b) Three (3) days before the general election, covering the period23 from the close of the most recent monthly report through seven (7) days24 before the general election.25 (3) In addition to any other reports required under this section, the26 political treasurer for each political action committee shall report to the27 secretary of state any contribution of one thousand dollars ($1,000) or more28 within forty-eight (48) hours after the receipt of such contribution. Such29 a report shall include the name of the political action committee, the iden-30 tification of the contributor, and the date of receipt and amount of the con-31 tribution. The report shall be in addition to the reporting of these contri-32 butions in the regular monthly reports.33 (4) All reports required pursuant to this section shall be filed online34 with the secretary of state by no later than midnight on the date the filing35 is due.36 (5) If no contribution is received or expenditure made by or on behalf37 of a political action committee during a monthly reporting period, the po-38 litical treasurer for the political action committee shall file with the39 secretary of state a report to that effect by the tenth day of the following40 month.41 (6) Reports required to be filed under the provisions of this section42 shall be filed until the account no longer shows any unexpended balance of43 contributions or expenditure deficit. Once an account no longer shows a pos-44 itive balance or debt, the political treasurer may notify the secretary of45 state's office that the account may be closed. If the account has shown no46 positive balance or debt for a period of two (2) years and the political trea-47 surer has not requested account closure, the secretary of state may admin-48 istratively close the political action committee's account following thirty49 (30) days' notice to the political action committee.50

19 (7) Except as provided in subsection (8) of this section, a political1 action committee that is registered with the federal election commission2 must file reports in accordance with the provisions of this section if the3 political action committee:4 (a) Makes contributions to Idaho candidates;5 (b) Makes an electioneering communication in Idaho; or6 (c) Makes an independent expenditure in Idaho.7 (8) A federal candidate's leadership political action committee may8 make contributions and expenditures in Idaho without filing reports under9 this section if the leadership political action committee is in compli-10 ance with federal election commission reporting requirements and follows11 applicable laws. The recipient of any contributions made pursuant to this12 subsection shall be reported using the official name of the candidate's13 leadership political action committee and the identification number as reg-14 istered with the federal election commission.15 74-3-307. POLITICAL ACTION COMMITTEE COORDINATION. (1) A political16 action committee may not coordinate with a candidate to benefit that candi-17 date with an independent expenditure, as defined in section 74-3-102, Idaho18 Code.19 (2) If an expenditure is made in coordination with a candidate, it shall20 be considered a contribution in-kind to the candidate and shall be reported21 by the candidate and be included in the candidate's campaign contribution22 limits.23 (3) For the purpose of determining whether an expenditure is made in co-24 ordination with a candidate, the term "coordination" means and includes but25 is not limited to an expenditure made with the cooperation of, with the prior26 consent or knowledge of, in consultation with, at the request or suggestion27 of, or by using nonpublic information obtained from a candidate or the can-28 didate's agent or paid or unpaid staff or volunteer or any person acting as29 a conduit for messages to or from the candidate's campaign. Coordination30 shall be presumed if the political action committee's expenditure or inde-31 pendent expenditure benefits a candidate who is also the political action32 committee's treasurer or other board member.33 74-3-308. ELECTIONEERING COMMUNICATIONS. (1) In addition to any other34 reports required under this chapter, the political treasurer for each po-35 litical action committee shall report to the secretary of state any expendi-36 ture for an electioneering communication of one thousand dollars ($1,000) or37 more.38 (a) For electioneering communications made on or before the sixteenth39 day before any primary or general election, the report shall be filed40 within forty-eight (48) hours after the expenditure.41 (b) For electioneering communications made after the sixteenth day be-42 fore an election, but more than twenty-four (24) hours before any pri-43 mary or general election, the report shall be filed within twenty-four44 (24) hours after the expenditure.45 (2) The report shall be in addition to the reporting of these expendi-46 tures in the regular monthly reports. The report shall contain:47

20 (a) The name and address of any third party to whom an expenditure has1 been made by the reporting political action committee in reference to2 any candidate or measure, together with the amount, date, and purpose of3 each such expenditure, including the identity of the referenced candi-4 date or measure; and5 (b) The total sum of all electioneering communications made by the po-6 litical action committee filing the report since the first day of the7 preceding calendar year.8 (3) For the purpose of determining when a report should be filed under9 this section, an electioneering communication is made on the day that the10 electioneering communication is publicly distributed or otherwise viewed by11 the public or on the date payment is made, whichever is earlier.12 74-3-309. INDEPENDENT EXPENDITURES. (1) In addition to any other re-13 ports required under this chapter, the political treasurer for each politi-14 cal action committee shall report to the secretary of state any independent15 expenditure in an aggregate amount of one thousand dollars ($1,000) or more16 as provided in this section.17 (a) In the case of an independent expenditure totaling one thousand18 dollars ($1,000) or more made on or before the sixteenth day be-19 fore a primary or general election, the report shall be filed within20 forty-eight (48) hours of making the expenditure.21 (b) In the case of an independent expenditure totaling one thousand22 dollars ($1,000) or more made after the sixteenth day before an election23 but more than twenty-four (24) hours before a primary or general elec-24 tion, the report shall be filed within twenty-four (24) hours of making25 the expenditure.26 (c) In the case of an independent expenditure totaling less than one27 thousand dollars ($1,000), the report shall be filed by the tenth day of28 the month following the month in which the independent expenditure was29 made.30 (2) The report shall be in addition to the reporting of these expendi-31 tures in the regular monthly reports. The report shall contain:32 (a) The name and address of any third party to whom an independent33 expenditure totaling one thousand dollars ($1,000) or more has been34 made by the reporting political action committee for an independent35 expenditure in support of or in opposition to any candidate or measure,36 together with the amount, date, and purpose of each such expenditure,37 including the identity of the referenced candidate or measure, and38 whether the expenditure was made either in support of or in opposition39 to such candidate or measure; and40 (b) The total sum of all independent expenditures made by the reporting41 political action committee since the first day of the preceding calen-42 dar year in support of or in opposition to any such candidate or measure.43 74-3-310. MEASURE EXPENDITURES. (1) In addition to any other reports44 required under this chapter, the political treasurer for each political ac-45 tion committee shall report to the secretary of state any measure expendi-46 ture in an aggregate amount of one thousand dollars ($1,000) or more as pro-47 vided in this section.48

21 (a) In the case of a measure expenditure totaling one thousand dollars1 ($1,000) or more made on or before the sixteenth day before a primary2 or general election, the report shall be filed within forty-eight (48)3 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 a primary or general election,7 the report shall be filed within twenty-four (24) hours of making the8 expenditure.9 (c) In the case of a measure expenditure 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 expenditure was made.12 (2) The report shall be in addition to the reporting of these expendi-13 tures in the regular monthly reports. The report shall contain:14 (a) The name and address of any third party to whom a measure expendi-15 ture totaling one thousand dollars ($1,000) or more has been made by the16 reporting political action committee for a measure expenditure in sup-17 port of or in opposition to any measure, together with the amount, date,18 and purpose of each such expenditure, including the identity of the ref-19 erenced measure, and whether the expenditure was made either in support20 of or in opposition to such measure; and21 (b) The total sum of all measure expenditures made by the reporting po-22 litical action committee since the first day of the preceding calendar23 year in support of or in opposition to any such measure.24

SECTION 5. That Chapter 3, Title 74, Idaho Code, be, and the same is25 hereby amended by the addition thereto of a NEW PART, to be known and desig-26 nated as Part 4, Chapter 3, Title 74, Idaho Code, and to read as follows:27 PART 428 OTHER PERSONS REQUIRED TO REPORT29 74-3-401. LEGISLATIVE INTENT. In order to promote transparency re-30 garding the impact of all election-related financial contributions or31 expenditures, it is the intent of the legislature that all persons, not just32 those who are required to register as a candidate or a political action com-33 mittee, shall be required to publicly report financial contributions made or34 expenditures paid. All such persons making electioneering communications35 or independent expenditures in Idaho shall file reports with the secretary36 of state according to the provisions of this part.37 74-3-402. POLITICAL PARTY COMMITTEES AND CAUCUSES -- CONTRIBUTIONS --38 REPORTS -- LIMITS. (1) Contributions by political party central committees,39 including state, county, and legislative district, and legislative caucuses40 of a recognized political party qualified under section 34-501, Idaho Code,41 are governed by the provisions of this section.42 (2) Except as otherwise provided in subsection (6) of this section, po-43 litical party committees and caucuses governed by this section shall file44 reports of their expenditures and contributions at the same time and in the45 same manner as political action committees pursuant to part 3 of this chap-46 ter.47

22 (3) For state legislative races, a committee governed by this section1 shall not contribute to any single candidate more than three thousand dol-2 lars ($3,000) in the aggregate for a primary election and three thousand dol-3 lars ($3,000) in the aggregate for a general election.4 (4) For statewide office races, a committee governed by this section5 shall not contribute to any single candidate more than twelve thousand dol-6 lars ($12,000) in the aggregate for the primary election and twelve thousand7 dollars ($12,000) in the aggregate for the general election.8 (5) No contribution may be made for a general election to a candidate9 who has not won his primary election, if any.10 (6) A county or legislative district central committee of a recognized11 political party shall not be considered a political action committee for the12 purposes of filing reports under this chapter unless such political party13 committee has expenditures exceeding five thousand dollars ($5,000) in a14 calendar year.15 74-3-403. ELECTIONEERING COMMUNICATIONS. (1) Any person other than a16 political action committee who makes an electioneering communication, as17 defined in section 74-3-102, Idaho Code, in an aggregate amount of one hun-18 dred dollars ($100) or more must file a report with the secretary of state.19 The report shall contain the following information:20 (a) The name and address of any third party to whom an expenditure in21 excess of fifty dollars ($50.00) has been made by the reporting person22 in reference to any candidate, political action committee, or measure,23 together with the amount, date, and purpose of each such expenditure,24 including the identity of the referenced candidate or measure;25 (b) The total sum of all electioneering communications made by the26 person filing the report since the first day of the preceding calendar27 year; and28 (c) The name and address of any donor who made aggregate contributions29 of one thousand dollars ($1,000) or more to the person filing the report30 since the first day of the preceding calendar year to the date of the re-31 port for the purpose of furthering the reported electioneering communi-32 cation. The report may list as a single item the total amount of contri-33 butions made by donors who gave less than one thousand dollars ($1,000).34 (2) The report shall be filed with the secretary of state pursuant to35 this subsection.36 (a) In the case of an electioneering communication totaling one thou-37 sand dollars ($1,000) or more made on or before the sixteenth day before38 a primary or general election at which the referenced candidate will ap-39 pear on the ballot, the report shall be filed within forty-eight (48)40 hours of making the expenditure.41 (b) In the case of an electioneering communication totaling one thou-42 sand dollars ($1,000) or more made after the sixteenth day before an43 election but more than twenty-four (24) hours before a primary or gen-44 eral election at which the referenced candidate will appear on the45 ballot, the report shall be filed within twenty-four (24) hours of mak-46 ing the expenditure.47 (c) In the case of electioneering communications totaling less than one48 thousand dollars ($1,000), the report shall be filed by the tenth day49

23 of the month following the month in which the electioneering communica-1 tions were made.2 (3) For the purpose of determining when a report should be filed under3 this section, an electioneering communication is made on the day that the4 electioneering communication is publicly distributed or otherwise viewed by5 the public or on the date payment is made, whichever is earlier.6 74-3-404. INDEPENDENT EXPENDITURES. (1) An independent expenditure,7 as defined in section 74-3-102, Idaho Code, is an expenditure by any person8 for a communication expressly advocating the election, passage, or defeat of9 a clearly identified candidate or measure if the expenditure is not coordi-10 nated with the candidate. An expenditure that is independent of a candidate11 is not attributed to or reportable by a candidate and must be reported by the12 person making the independent expenditure pursuant to the provisions of this13 section.14 (2) If an expenditure is made in coordination with the candidate, it15 shall be considered a contribution in-kind to the candidate, reported by the16 candidate, and included in the candidate's campaign contribution limits.17 (3) For the purpose of determining whether an expenditure is made in co-18 ordination with a candidate, the term "coordination" means and includes but19 is not limited to an expenditure made with the cooperation of, with the prior20 consent or knowledge of, in consultation with, at the request or suggestion21 of, or using nonpublic information obtained from a candidate or the candi-22 date's agent or paid or unpaid staff or volunteer or by a person acting as a23 conduit for messages to or from a candidate's campaign.24 (4) Each person who makes an independent expenditure in an aggregate25 amount of one hundred dollars ($100) or more shall file a report of the expen-26 diture with the secretary of state. The report shall contain:27 (a) The name and address of any third party to whom an expenditure in ex-28 cess of fifty dollars ($50.00) has been made by the reporting person for29 an independent expenditure in support of or in opposition to any can-30 didate or measure, together with the amount, date, and purpose of each31 such expenditure, including the identity of the referenced candidate or32 measure, and whether the expenditure was made either in support of or in33 opposition to such candidate or measure;34 (b) The total sum of all independent expenditures made by the reporting35 person since the first day of the preceding calendar year in support of36 or in opposition to any such candidate or measure; and37 (c) The name and address of any donor who made aggregate contributions38 of one thousand dollars ($1,000) or more to the person making the report39 since the first day of the preceding calendar year for the purpose of40 furthering the reported independent expenditure. The report may list41 as a single item the total amount of contributions made by donors who42 gave less than one thousand dollars ($1,000).43 (5) The report shall be filed with the secretary of state pursuant to44 this subsection.45 (a) In the case of an independent expenditure totaling one thousand46 dollars ($1,000) or more made on or before the sixteenth day before a47 primary or general election at which the referenced candidate will ap-48

24 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 independent expenditure totaling one thousand3 dollars ($1,000) or more made after the sixteenth day before an elec-4 tion but more than twenty-four (24) hours before a primary or general5 election at which the referenced candidate will appear on the ballot,6 the report shall be filed within twenty-four (24) hours of making the7 expenditure.8 (c) In the case of independent expenditures 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 independent expenditures11 were made.12 74-3-405. MEASURE EXPENDITURES. (1) A measure expenditure, as defined13 in section 74-3-102, Idaho Code, is an expenditure by any person for a commu-14 nication expressly advocating the passage or defeat of a clearly identified15 measure. An expenditure that is independent of a political action committee16 sponsoring a measure is not attributed to or reportable by such political ac-17 tion committee and must be reported by the person making the measure expendi-18 ture pursuant to the provisions of this section.19 (2) Each person who makes a measure expenditure in an aggregate amount20 of one hundred dollars ($100) or more shall file a report of the expenditure21 with the secretary of state. The report shall contain:22 (a) The name and address of any third party to whom an expenditure in ex-23 cess of fifty dollars ($50.00) has been made by the reporting person for24 a measure expenditure in support of or in opposition to any measure, to-25 gether with the amount, date, and purpose of each such expenditure, in-26 cluding the identity of the referenced measure, and whether the expen-27 diture was made either in support of or in opposition to such measure;28 (b) The total sum of all measure expenditures made by the reporting per-29 son since the first day of the preceding calendar year in support of or30 in opposition to any such measure; and31 (c) The name and address of any donor who made aggregate contributions32 of one thousand dollars ($1,000) or more to the person making the re-33 port since the first day of the preceding calendar year for the purpose34 of furthering the reported measure expenditure. The report may list as35 a single item the total amount of contributions made by donors who gave36 less than one thousand dollars ($1,000).37 (3) The report shall be filed with the secretary of state pursuant to38 this subsection.39 (a) In the case of a measure expenditure totaling one thousand dollars40 ($1,000) or more made on or before the sixteenth day before the election41 at which the referenced measure will appear on the ballot, the report42 shall be filed within forty-eight (48) hours of making the expenditure.43 (b) In the case of a measure expenditure totaling one thousand dollars44 ($1,000) or more made after the sixteenth day before an election but45 more than twenty-four (24) hours before the election at which the ref-46 erenced measure will appear on the ballot, the report shall be filed47 within twenty-four (24) hours of making the expenditure.48

25 (c) In the case of measure expenditures totaling less than one thousand1 dollars ($1,000), the report shall be filed by the tenth day of the month2 following the month in which the measure expenditures were made.3

SECTION 6. That Chapter 3, Title 74, Idaho Code, be, and the same is4 hereby amended by the addition thereto of a NEW PART, to be known and desig-5 nated as Part 5, Chapter 3, Title 74, Idaho Code, and to read as follows:6 PART 57 ADMINISTRATION OF CHAPTER -- DUTIES -- ENFORCEMENT -- VIOLATIONS --8 PENALTIES9 74-3-501. DUTIES OF SECRETARY OF STATE. (1) The secretary of state is10 charged with the enforcement of the provisions of this chapter.11 (2) The secretary of state shall maintain an online filing system for12 the filing and publication of all reports required pursuant to this chapter.13 The online filing system shall accommodate the filings of all candidates,14 political action committees, and others who are required to report pursuant15 to this chapter. The online filing system shall be designed to aid and en-16 sure compliance with the reporting requirements of this chapter. The online17 filing system shall be accessible on the secretary of state's website and be18 searchable by the public by candidate, committee, contribution, contribu-19 tor, date, expense, office, party, purpose, and any other content deemed ap-20 propriate by the secretary of state.21 (3) The secretary of state shall confirm the filing of each report filed22 pursuant to this chapter for statewide, legislative, and judicial district23 offices or measures within two (2) days after the due date of the report or24 after the date it is filed, whichever is later. The secretary of state shall25 notify a person required to file a report under this chapter immediately if:26 (a) It appears that the person has failed to file a report as required by27 law or that a report filed by the person does not conform to law; or28 (b) A written complaint is filed with the secretary of state by any reg-29 istered voter alleging that a person has failed to file a report as re-30 quired by law or that a report filed with the secretary of state does not31 conform to law or to the truth.32 (4) The secretary of state may require any person to answer in writing33 and under oath or affirmation any question within the knowledge of that per-34 son concerning the source of any contribution or expenditure.35 (5) The secretary of state may make administrative adjustments to cam-36 paign finance accounts in coordination with the political treasurer of the37 account to correct any imbalances identified. If the imbalance was accrued38 willfully and knowingly, the secretary of state may assess a fine not to ex-39 ceed twenty-five percent (25%) of the amount identified to be out of balance40 and deposit the amount assessed into the general fund.41 (6) In addition to duties otherwise prescribed in this section, it42 shall be the duty of the secretary of state:43 (a) To make investigations of reports filed under the provisions of44 this chapter with respect to statewide, legislative, and judicial of-45 fices and measures and alleged failures to file any report required46 under the provisions of this chapter and upon complaint by any person47 with respect to alleged violations of any part of this chapter;48

26 (b) To report suspected criminal violations of law to the attorney gen-1 eral for referral to the appropriate law enforcement authorities;2 (c) To prescribe and publish rules, subject to legislative approval, in3 accordance with the provisions of chapter 52, title 67, Idaho Code, and4 to take such other actions as may be appropriate to carry out the provi-5 sions of this chapter; and6 (d) To assess fees and fines authorized by the provisions of this chap-7 ter.8 74-3-502. DUTIES OF COUNTY CLERKS AND PROSECUTORS. (1) For all report-9 ing requirements prescribed by this chapter for all local government offices10 or measures for which the county is the home county, as defined in section11 34-1401, Idaho Code, the county clerk shall serve in the place of the secre-12 tary of state and the county prosecutor in the place of the attorney general.13 (2) In the event of a potential conflict of interest by a county clerk, a14 county clerk may enter into an agreement with the clerk of a different county15 to investigate any complaints or potential violations of the provisions of16 this chapter.17 (3) Notwithstanding any provision of law to the contrary, any fines18 collected by a county clerk pursuant to this chapter shall be deposited in19 the county general fund of such county.20 74-3-503. FAILURE TO REPORT -- VIOLATIONS -- CIVIL FINES -- MISDE-21 MEANOR. (1) Except as otherwise provided in this section, any person who22 fails to file a report of contributions, expenditures, independent expen-23 ditures, or any other report required by this chapter shall be liable to the24 secretary of state for a civil fine in the amount of fifty dollars ($50.00)25 plus five percent (5%) of the monetary value of the amount not reported,26 rounded up to the nearest whole number. The secretary of state shall deposit27 any civil fines collected pursuant to this section in the general fund. The28 burden of proof for such civil liability shall be met by showing a preponder-29 ance of the evidence.30 (2) In addition to the fines set forth in subsection (1) of this sec-31 tion, any person who knowingly and willfully fails to file a report required32 by this chapter is guilty of a misdemeanor and, upon conviction, may be im-33 prisoned for up to six (6) months.34 74-3-504. LATE FILING OF REPORT -- FEES. (1) If any person registered35 with the secretary of state fails to file a report required by this chap-36 ter on or before the prescribed deadline, such person shall be liable to the37 secretary of state for a late fee in the amount of fifty dollars ($50.00)38 plus ten dollars ($10.00) for each day until the report is filed, which fee39 shall be deposited in the general fund. The late fee shall not exceed a to-40 tal of one thousand dollars ($1,000). Such fees shall be assessed begin-41 ning forty-eight (48) hours after the deadline and extend until the report42 is filed. The secretary of state shall notify the person and the political43 treasurer, if any, that a late fee has been assessed and will continue to ac-44 crue until the report has been filed. The notification shall be made by tele-45 phone or electronic means within twenty-four (24) hours of the missed filing46 deadline.47

27 (2) The remedy provided in this section is cumulative and does not ex-1 clude any other remedy or penalty prescribed in this chapter.2 74-3-505. OTHER VIOLATIONS -- CIVIL FINES -- MISDEMEANOR. (1) Except3 as otherwise provided in subsection (2) of this section, any person who vi-4 olates a provision of this chapter that does not pertain to the failure to5 file a report or the late filing of a report shall be liable to the secretary6 of state for a civil fine in the amount of two thousand five hundred dollars7 ($2,500), plus five percent (5%) of the monetary value of the amount of the8 expenditure related to the violation, if applicable, rounded up to the near-9 est whole number. The secretary of state shall deposit any civil fines col-10 lected pursuant to this section in the general fund. The burden of proof for11 such civil liability shall be met by showing a preponderance of the evidence.12 (2) Any person who knowingly and willfully commits a violation of a pro-13 vision of this chapter that does not pertain to the failure to file a report14 or the late filing of a report is guilty of a misdemeanor and, upon convic-15 tion, may be imprisoned for up to six (6) months.16 74-3-506. ENFORCEMENT OF CIVIL FINES AND LATE FEES. If any civil fine17 or late fee prescribed under this part is not paid within sixty (60) days fol-18 lowing notice from the secretary of state's office, the secretary of state19 may publish the delinquent accounts on the public campaign finance website.20 Any civil fine or late fee remaining unpaid after sixty (60) days following21 notice from the secretary of state's office may be referred to the office of22 the attorney general or to the appropriate prosecuting attorney for collec-23 tion.24 74-3-507. PROSECUTION -- LIMITATION -- VENUE. (1) The attorney gen-25 eral may prosecute any violations of this chapter.26 (2) Prosecution for a civil or misdemeanor violation of this chapter27 must be commenced within two (2) years after the date on which the violation28 occurred. Prosecution for a felony violation of this chapter must be com-29 menced pursuant to the provisions of section 19-402, Idaho Code.30 (3) Venue for prosecution under the provisions of this chapter shall be31 in the county of residence of the defendant if the defendant is a resident of32 the state of Idaho, otherwise venue shall be in Ada county.33 74-3-508. INJUNCTIONS. The district courts of this state shall have34 original jurisdiction to issue injunctions to enforce the provisions of this35 chapter upon application by any citizen of this state, by the secretary of36 state, or by a county clerk. The court may in its discretion require the37 citizen plaintiff to file a written complaint with the secretary of state38 or county clerk prior to seeking injunctive relief. A successful plaintiff39 is entitled to be reimbursed for reasonable costs of litigation, including40 reasonable attorney's fees, by the person or persons named defendant in such41 injunctive action. A successful defendant is entitled to be reimbursed for42 reasonable costs of litigation, including reasonable attorney's fees, if43 the court determines that the plaintiff's action was without substantial44 merit.45

28 74-3-509. SEVERABILITY. If any provision of this chapter or its ap-1 plication to any person or circumstance is held invalid, the remainder of2 the chapter or the application of the provision to other persons or circum-3 stances is not affected.4 74-3-510. CONSTRUCTION. The provisions of this chapter are to be lib-5 erally construed to effectuate the policies and purposes of this chapter. In6 the event of conflict between the provisions of this chapter and any other7 chapter, the provisions of this chapter shall govern.8

SECTION 7. That Chapter 18, Title 34, Idaho Code, be, and the same is9 hereby amended by the addition thereto of a NEW SECTION, to be known and des-10 ignated as Section 34-1807A, Idaho Code, and to read as follows:11 34-1807A. DISCLOSURE OF PAYMENTS MADE TO SIGNATURE GATHERERS. (1) Any12 person who pays or provides other valuable consideration in an aggregate13 amount of one hundred dollars ($100) or more to another person or persons in14 exchange for their actions or intended actions of gathering signatures on a15 ballot initiative petition or referendum shall file a report of the expendi-16 ture with the secretary of state.17 (2) The provisions of this section shall apply beginning on the date18 that the ballot initiative or referendum petitioners receive from the secre-19 tary of state the official ballot title for which the person is paying to have20 signatures gathered and shall continue for as long as the filer makes pay-21 ments to a signature gatherer or gatherers.22 (3) Reports shall be filed on or before the twentieth day of the month23 following the month during which the payments to the signature gatherers24 were made.25 (4) The report shall contain the following information:26 (a) The name and address of any signature gatherer to whom a payment27 in excess of fifty dollars ($50.00) has been made during the reported28 month; and29 (b) The total sum of all payments made to signature gatherers in the ag-30 gregate during the reported month.31 (5) In addition to the reports filed under subsection (3) of this sec-32 tion, any person who pays a signature gatherer or gatherers an aggregate33 amount of one thousand dollars ($1,000) or more shall file a notice of the34 expenditures with the secretary of state within forty-eight (48) hours of35 making the expenditure. The notice shall include the information required36 under subsection (4) of this section.37 (6) The secretary of state shall prescribe the form of the report re-38 quired under this section. The powers and duties of the secretary of state39 set forth in part 5, chapter 3, title 74, Idaho Code, shall apply and be40 available to the secretary of state for enforcement of the provisions of this41 section.42

SECTION 8. That Section 19-5904, Idaho Code, be, and the same is hereby43 amended to read as follows:44 19-5904. STATE APPELLATE PUBLIC DEFENDER -- APPOINTMENT -- TERM --45 QUALIFICATIONS -- PROHIBITED CONDUCT -- REMOVAL -- VACANCIES -- COMPEN-46

29 SATION. (1) The state appellate public defender shall be appointed by the1 governor, with the advice and consent of the senate, to serve a four (4) year2 term and may be reappointed to subsequent terms in the same manner.3 (2) The state appellate public defender must meet the following quali-4 fications on the effective date of his appointment:5 (a) Be at least thirty (30) years of age;6 (b) Be a citizen of the United States;7 (c) Have held a license to practice law or a judicial office in one (1)8 or more jurisdictions of the United States for at least five (5) contin-9 uous years immediately preceding such appointment;10 (d) Be or become an active member of the Idaho state bar within one (1)11 year of appointment and remain an active member in good standing there-12 after; and13 (e) Have at least five (5) years of criminal defense or appellate expe-14 rience, or a combination thereof.15 (3) The state appellate public defender shall not:16 (a) Engage in the practice of law outside his role in the office of the17 state appellate public defender, except for the practice of law that is18 permitted for a judge by the Idaho code of judicial conduct;19 (b) Hold or be a candidate for any federal, state, county, municipal,20 judicial, district, or other elective office; provided, however, this21 section shall not be interpreted to prohibit the state appellate public22 defender from seeking appointment to another office, including state or23 federal judicial office;24 (c) Serve as the agent, representative, officer, political treasurer,25 or employee, for profit or otherwise, of any political party, political26 committee, or candidate, as such terms are defined in chapter 66, title27 67 chapter 3, title 74, Idaho Code; or28 (d) Hold any other public or private sector position, for profit or oth-29 erwise, except for volunteer positions that are not inconsistent with30 the duties of the state appellate public defender.31 (4) The state appellate public defender may be removed from office by32 the governor for failing to retain the qualifications of his office estab-33 lished in subsection (2) of this section, for engaging in prohibited conduct34 set forth in subsection (3) of this section, or for good cause shown. If the35 state appellate public defender is removed from office, the governor shall36 provide the house of representatives and the senate written notice of the re-37 moval, the effective date of removal, and the reason or reasons therefor.38 (5) If the state appellate public defender resigns, dies, or is removed39 from office as provided by law, the governor shall appoint a person who meets40 the qualifications established in this section, subject to the advice and41 consent of the senate, to fill the remainder of the unexpired term.42 (6) The state appellate public defender shall be compensated in an43 amount determined by the governor.44

SECTION 9. That Section 19-6004, Idaho Code, be, and the same is hereby45 amended to read as follows:46 19-6004. STATE PUBLIC DEFENDER -- APPOINTMENT -- TERM -- PROHIBITED47 CONDUCT -- REMOVAL -- VACANCIES -- REAPPOINTMENT -- COMPENSATION. (1) The48 state public defender shall reside in the office of the state public defender49

30 and shall be appointed by the governor, in a manner consistent with subsec-1 tion (6) of this section, to serve a four (4) year term.2 (2) The state public defender must meet the following qualifications on3 the effective date of appointment:4 (a) Be at least thirty (30) years of age;5 (b) Be a citizen of the United States;6 (c) Have held a license to practice law or a judicial office in one (1)7 or more jurisdictions of the United States for at least five (5) contin-8 uous years immediately preceding the appointment;9 (d) Be or become an active member of the Idaho state bar within one (1)10 year of appointment and remain an active member in good standing there-11 after; and12 (e) Have at least five (5) years of criminal defense experience.13 (3) The state public defender shall not:14 (a) Engage in the practice of law outside his role in the office of the15 state public defender, except for the practice of law that is permitted16 for a judge by the Idaho code of judicial conduct;17 (b) Hold or be a candidate for any federal, state, county, municipal,18 judicial, district, or other elective office; provided, however, this19 paragraph does not prohibit the state public defender from seeking ap-20 pointment to another office, including state or federal judicial of-21 fice;22 (c) Serve as the agent, representative, officer, political treasurer,23 or employee, whether for profit or otherwise, of any political party,24 political committee, or candidate, as such terms are defined in chapter25 1, title 34, Idaho Code, and chapter 66, title 67 chapter 3, title 74,26 Idaho Code; or27 (d) Hold any other public or private sector position, for profit or oth-28 erwise, except for volunteer positions that are not inconsistent with29 the duties of the state public defender.30 (4) The state public defender may be removed from office by the gover-31 nor for failing to retain the qualifications of his office provided in sub-32 section (2) of this section, for engaging in prohibited conduct set forth in33 subsection (3) of this section, or for good cause shown. If the state pub-34 lic defender is removed from office, the governor shall provide the house of35 representatives and the senate written notice of the removal, the effective36 date of removal, and the reason or reasons therefor.37 (5) If the state public defender resigns, dies, or is removed from of-38 fice as provided by law, the governor shall appoint a person who meets the39 qualifications established in this section, in a manner consistent with sub-40 section (6) of this section, to fill the unexpired term.41 (6) The governor shall appoint a state public defender in the following42 manner:43 (a) Whenever a vacancy arises in the position of state public defender,44 the governor shall appoint a panel with seven (7) members, with one45 (1) panel member appointed from the membership of each of the seven (7)46 district magistrates commissions. Not less than two (2) but not more47 than (3) panel members shall be attorneys, not more than two (2) but not48 less than one (1) panel member shall be a county commissioner, and one49 (1) member shall be a mayor. The governor shall not appoint to the panel50

31 any member of a district magistrates commission who is a judge, who is1 employed as a criminal prosecutor, or who otherwise prosecutes or aids2 in the prosecution of criminal cases, or any person employed in a law3 enforcement agency. The governor shall select a member of the panel to4 serve as chairman. The provisions of section 1-2203B(4), Idaho Code,5 regarding current or former law partners shall apply to any attorney6 serving on the panel. Members of the panel shall be compensated by the7 office of the state public defender as provided in section 59-509(b),8 Idaho Code.9 (b) It shall be the duty of the panel to recruit applicants, review can-10 didates, and submit to the governor a list of not less than three (3),11 but not more than five (5), attorneys who meet the qualifications es-12 tablished in this chapter, and the governor shall appoint the state pub-13 lic defender from the list, with the advice and consent of the senate.14 If three (3) qualified candidates or fewer apply, the panel shall sub-15 mit all applicants to the governor and may communicate to the governor16 or the governor's representative, in executive session pursuant to sec-17 tion 74-206(1)(a), Idaho Code, a ranking of the applicants, and the gov-18 ernor shall appoint the state public defender from the list, with the19 advice and consent of the senate. The governor and the office of the20 state public defender may assist the panel in drawing the largest pool21 of qualified applicants.22 (c) Once the governor appoints the state public defender, the panel23 shall disband until reconstituted by the governor consistent with this24 section.25 (7) When the state public defender's term expires under the law, the26 governor may reappoint the state public defender to subsequent four (4) year27 terms, with the advice and consent of the senate, or the governor may con-28 stitute a panel consistent with subsection (6) of this section to nominate29 candidates and appoint a state public defender from the list produced by the30 panel, with the advice and consent of the senate.31 (8) The state public defender shall be compensated in an amount deter-32 mined by the governor.33

SECTION 10. That Section 44-2602, Idaho Code, be, and the same is hereby34 amended to read as follows:35 44-2602. DEFINITIONS. (1) As used in this chapter the following terms36 have the following meanings:37 (a) "Ballot proposition" includes initiatives, referenda, proposed38 constitutional amendments, and any other items submitted to the voters39 for their approval or rejection.40 (b) "Filing entity" means a candidate, officeholder, political commit-41 tee, political party, and each other entity required to report contri-42 butions under chapter 66, title 67 chapter 3, title 74, Idaho Code.43 (c) "Fund" means the separate segregated fund established by a labor44 organization for political purposes according to the procedures and re-45 quirements of this chapter.46 (d)(i) "Labor organization" means any association or organi-47 zation of employees, and any agency, employee representation48 committee, or plan in which employees participate that exists, in49

32 whole or in part, to advocate on behalf of employees about griev-1 ances, labor disputes, wages, rates of pay, hours of employment or2 conditions of employment.3 (ii) Except as provided in subsection (1)(d)(iii) of this sec-4 tion, "labor organization" includes each employee association and5 union for employees of public and private sector employers.6 (iii) "Labor organization" does not include organizations gov-7 erned by the national labor relations act, 29 U.S.C. section 151,8 et seq. or the railway labor act, 45 U.S.C. section 151, et seq.9 (e) "Political activities" means electoral activities, independent10 expenditures, or expenditures made to any candidate, political party,11 political action committee or political issues committee or in support12 of or against any ballot measure.13 (f) "Union dues" means dues, fees or other moneys required as a condi-14 tion of membership in a labor organization.15 (2) Other terms defined in chapter 66, title 67 chapter 3, title 74,16 Idaho Code, apply to this chapter.17

SECTION 11. That Section 44-2605, Idaho Code, be, and the same is hereby18 amended to read as follows:19 44-2605. REGISTRATION -- DISCLOSURE. Each fund established by a labor20 organization under this chapter shall:21 (1) Register as a political committee as required by chapter 66, title22 67 chapter 3, title 74, Idaho Code; and23 (2) File the financial reports for political committees required by24 chapter 66, title 67 chapter 3, title 74, Idaho Code.25

SECTION 12. That Section 50-2006, Idaho Code, be, and the same is hereby26 amended to read as follows:27 50-2006. URBAN RENEWAL AGENCY -- AUTHORIZATION -- DISSOLUTION.28 (1)(a) There is hereby created in each municipality an independent pub-29 lic body corporate and politic to be known as the "urban renewal agency"30 that was created by resolution as provided in section 50-2005, Idaho31 Code, before July 1, 2011, for the municipality; provided, that such32 agency shall not transact any business or exercise its powers hereunder33 until or unless the local governing body has made the findings pre-34 scribed in section 50-2005, Idaho Code.35 (b) An urban renewal agency created after July 1, 2011, shall not trans-36 act any business or exercise its powers provided for in this chapter37 until a majority of qualified electors, voting in a citywide or coun-38 tywide election, depending on the municipality in which such agency is39 created, vote to authorize such agency to transact business and exer-40 cise its powers provided for in this chapter. If prior to July 1, 2011,41 the local governing body has made the findings prescribed in paragraph42 (a) of this subsection, then such agency shall transact business and43 shall exercise its powers hereunder and is not subject to the require-44 ments of this paragraph.45 (2) Upon satisfaction of the requirements under subsection (1) of this46 section, the urban renewal agency is authorized to transact the business and47

33 exercise the powers hereunder by a board of commissioners to be established1 as follows:2 (a) Unless provided otherwise in this section, the mayor, by and with3 the advice and consent of the local governing body, shall appoint a4 board of commissioners of the urban renewal agency, which shall consist5 of not less than three (3) commissioners nor more than nine (9) commis-6 sioners. In the order of appointment, the mayor shall designate the7 number of commissioners to be appointed, and the term of each, provided8 that the original term of office of no more than two (2) commissioners9 shall expire in the same year. The commissioners shall serve for terms10 not to exceed five (5) years, from the date of appointment, except that11 all vacancies shall be filled for the unexpired term.12 (b) For inefficiency or neglect of duty or misconduct in office, a com-13 missioner may be removed by a majority vote of the local governing body14 only after a hearing and after he shall have been given a copy of the15 charges at least ten (10) days prior to such hearing and have had an op-16 portunity to be heard in person or by counsel. Any commission position17 that becomes vacant at a time other than the expiration of a term shall18 be filled by the mayor or chair of the board of county commissioners, if19 that is the local governing body, by and with the advice and consent of20 the local governing body, including the mayor, if applicable, and shall21 be filled for the unexpired term.22 (c) By enactment of an ordinance, the local governing body may appoint23 and designate, from among its members, members of the board of commis-24 sioners of the urban renewal agency, provided that such representation25 shall be less than a majority of the board of commissioners of the urban26 renewal agency of the members of the local governing body on and after27 July 1, 2017, in which case all the rights, powers, duties, privileges,28 and immunities vested by the urban renewal law of 1965, and as amended,29 in an appointed board of commissioners, shall be vested in the local30 governing body, which shall, in all respects when acting as an urban re-31 newal agency, be acting as an arm of state government, entirely separate32 and distinct from the municipality, to achieve, perform, and accomplish33 the public purposes prescribed and provided by said urban renewal law of34 1965, and as amended.35 (d) By enactment of an ordinance, the local governing body may termi-36 nate the appointed board of commissioners and thereby appoint and des-37 ignate itself as the board of commissioners of the urban renewal agency38 for not more than one (1) calendar year.39 (e) By enactment of an ordinance, the local governing body may provide40 that the board of commissioners of the urban renewal agency shall be41 elected at an election held for such purpose on one (1) of the November42 dates provided in section 34-106, Idaho Code, and the ordinance may pro-43 vide term limits for the commissioners. In this case, all the rights,44 powers, duties, privileges, and immunities vested by the urban renewal45 law of 1965, and as amended, in an appointed board of commissioners,46 shall be vested in the elected board of commissioners of the urban47 renewal agency, which shall, in all respects when acting as an urban re-48 newal agency, be acting as an arm of state government, entirely separate49 and distinct from the municipality, to achieve, perform, and accomplish50

34 the public purposes prescribed and provided by said urban renewal law1 of 1965, and as amended. The provisions of chapter 66, title 67 chapter2 3, title 74, Idaho Code, shall apply to elected commissioners, and the3 county election law shall apply to the person running for commissioner4 as if the person were running for county commissioner. In the event of a5 vacancy in an elected commissioner position, the replacement shall be6 appointed by the mayor or chair of the board of county commissioners, if7 that is the local governing body, by and with the advice and consent of8 the local governing body, and shall be filled for the unexpired term.9 (3) In all instances, a member of the board of commissioners of the ur-10 ban renewal agency must be a resident of the county where the urban renewal11 agency is located or is doing business.12 (4) A commissioner shall receive no compensation for his services but13 shall be entitled to the necessary expenses, including travel expenses, in-14 curred in the discharge of his duties. Each commissioner shall hold office15 until his successor has been appointed and has qualified. A certificate of16 the appointment or reappointment of any commissioner shall be filed with the17 clerk of the municipality and such certificate shall be conclusive evidence18 of the due and proper appointment of such commissioner.19 (5)(a) The powers of an urban renewal agency shall be exercised by the20 commissioners thereof. A majority of the commissioners shall consti-21 tute a quorum for the purpose of conducting business and exercising the22 powers of the agency and for all other purposes. Action may be taken by23 the agency upon a vote of a majority of the commissioners present, un-24 less in any case the bylaws shall require a larger number.25 (b) The commissioners shall elect the chairman, cochairman, or vice26 chairman for a term of one (1) year from among their members. An agency27 may employ an executive director, technical experts, and such other28 agents and employees, permanent and temporary, as it may require, and29 determine their qualifications, duties, and compensation. For such30 legal service as it may require, an agency may employ or retain its own31 counsel and legal staff.32 (c) An agency authorized to transact business and exercise powers un-33 der this chapter shall file, with the local governing body, on or be-34 fore March 31 of each year a report of its activities for the preced-35 ing calendar year, which report shall include the financial data and au-36 dit reports required under sections 67-1075 and 67-1076, Idaho Code.37 The agency shall be required to hold a public meeting to report these38 findings and take comments from the public. At the time of filing the39 report, the agency shall publish in a newspaper of general circulation40 in the community a notice to the effect that such report has been filed41 with the municipality and the state controller and that the report is42 available for inspection during business hours in the office of the city43 clerk or county recorder, in the office of the agency, and at all times44 on the website of the state controller.45 (d) An urban renewal agency shall have the same fiscal year as a mu-46 nicipality and shall be subject to the same audit requirements as a mu-47 nicipality. An urban renewal agency shall be required to prepare and48 file with its local governing body an annual financial report and shall49 prepare, approve, and adopt an annual budget for filing with the local50

35 governing body, for informational purposes. A budget means an annual1 estimate of revenues and expenses for the following fiscal year of the2 agency.3 (6) An urban renewal agency shall comply with the public records law4 pursuant to chapter 1, title 74, Idaho Code, open meetings law pursuant to5 chapter 2, title 74, Idaho Code, the ethics in government law pursuant to6 chapter 4, title 74, Idaho Code, and the competitive bidding provisions of7 chapter 28, title 67, Idaho Code.8 (7) A local governing body that has created an urban renewal agency may9 dissolve the urban renewal agency by the enactment of an ordinance as pro-10 vided in this subsection. Before such local governing body may dissolve an11 urban renewal agency, it shall adopt a resolution of intent to dissolve the12 urban renewal agency, which resolution shall be transmitted to the urban re-13 newal agency. Upon the adoption of the resolution of intent to dissolve,14 the urban renewal agency shall no longer have any authority to initiate any15 new urban renewal projects or to take on any additional financial obliga-16 tions other than such obligations as are necessary to wind down its affairs.17 The local governing body and the board of commissioners of the urban renewal18 agency shall then participate in a joint meeting to discuss dissolution. If19 following the joint meeting the local governing body of an authorized munic-20 ipality makes a finding that there no longer exists a need for the urban re-21 newal agency in the municipality, the local governing body shall provide, by22 ordinance, for a dissolution of the agency. The ordinance shall be effec-23 tive upon publication. The ordinance shall be recorded in the real property24 records of the county in which the agency operated. The local governing body25 shall transmit a copy of the recorded dissolution ordinance to the urban re-26 newal agency, the county clerk, and the state tax commission within ten (10)27 business days of the recording date. Upon dissolution of the urban renewal28 agency, title to all property of the urban renewal agency shall revert to the29 municipality.30

SECTION 13. That Section 67-5282, Idaho Code, be, and the same is hereby31 amended to read as follows:32 67-5282. DUTIES AND PROHIBITED CONDUCT OF THE CHIEF ADMINISTRATIVE33 LAW JUDGE. (1) The chief administrative law judge shall:34 (a) Serve as the administrator of the office of administrative hear-35 ings;36 (b) Conduct such contested case proceedings and such other proceedings37 as are conducted by the office of administrative hearings in accordance38 with section 67-5280(2)(a) and (b), Idaho Code;39 (c) Devote full-time to the office of administrative hearings and his40 obligations as chief administrative law judge;41 (d) Subject to applicable law and regulation, appoint, supervise, and42 remove administrative law judges and staff as he deems appropriate to43 the proper functioning of the office of administrative hearings, deter-44 mine the duties of such appointees as he deems appropriate, and, from45 among the administrative law judges employed by the office of adminis-46 trative hearings, designate a deputy chief administrative law judge to47 act in place of the chief administrative law judge when the chief admin-48 istrative law judge is unable to perform his duties;49

36 (e) Have the authority to promulgate rules, pursuant to the provisions1 of this chapter, to implement sections 67-5280 through 67-5286, Idaho2 Code;3 (f) Establish a hearing officer code of conduct that shall, among other4 things, provide for independent and unbiased decision-making by hear-5 ing officers both as perceived and in fact and provide for a system to6 monitor compliance with, and sanction violations of, the hearing offi-7 cer code of conduct;8 (g) Protect and ensure the decisional independence of administrative9 law judges and independent contractor hearing officers;10 (h) Implement a system for monitoring the quality of contested case11 proceedings and such other proceedings as are conducted by the office of12 administrative hearings in accordance with section 67-5280(2)(a) and13 (b), Idaho Code;14 (i) At his discretion, unless otherwise prohibited by state or federal15 law, retain independent contractor hearing officers at reasonable and16 consistent rates of compensation; provided that an independent con-17 tractor hearing officer with specialized expertise may be compensated18 at a higher rate if such expertise is necessary to the proper adjudica-19 tion of the case and such higher rate of compensation is necessary in20 order to obtain such expertise; and21 (j) Contract with agencies to conduct such adjudicatory hearings, me-22 diations, and arbitrations authorized by section 67-5280(2)(b), Idaho23 Code.24 (2) The chief administrative law judge shall not:25 (a) Engage in the practice of law outside of his role in the office of26 administrative hearings, except for the practice of law that is permit-27 ted for a judge by the Idaho code of judicial conduct and is not incon-28 sistent with the code of conduct or his duties as chief administrative29 law judge;30 (b) Hold, or be a candidate for, any federal, state, county, municipal,31 district, or other elective office;32 (c) Serve as the agent, representative, officer, political treasurer,33 or employee, whether for profit or otherwise, of any political party,34 political committee, or candidate as defined in either chapter 1, title35 34 or chapter 66, title 67 chapter 3, title 74, Idaho Code, or otherwise;36 and37 (d) Hold any other public or private-sector position, whether for38 profit or otherwise, except for volunteer or adjunct faculty positions39 that are not inconsistent with his duties as chief administrative law40 judge.41

SECTION 14. That Section 72-1503, Idaho Code, be, and the same is hereby42 amended to read as follows:43 72-1503. POLITICAL ACTIVITIES PROHIBITED. No person may serve on the44 commission who is a candidate for political office as the term "candidate"45 is defined in section 67-6602 74-3-102, Idaho Code. In the event a person46 serving on the commission becomes a candidate, a vacancy on the commission47 shall be declared by the secretary of state, and filled as provided by law.48

37

SECTION 15. That Chapter 66, Title 67, Idaho Code, be, and the same is1 hereby repealed.2

SECTION 16. APPLICABILITY. Any person already registered with the sec-3 retary of state prior to July 1, 2026, shall bring his reports into compli-4 ance with the provisions of this act by no later than the date on which the5 person's next annual report is due.6

SECTION 17. An emergency existing therefor, which emergency is hereby7 declared to exist, this act shall be in full force and effect on and after8 July 1, 2026.9