2000 Legislation
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HOUSE BILL NO. 682 – Election issue, public funds, use

HOUSE BILL NO. 682

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H0682......................................................by STATE AFFAIRS
ELECTION ISSUES - Amends and adds to existing law to prohibit any person,
governmental entity or educational institution from using public funds to
influence the vote on an issue on the election ballot.
                                                                        
02/24    House intro - 1st rdg - to printing
02/25    Rpt prt - to St Aff

Bill Text


 H0682
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 682
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO ELECTION CAMPAIGN CONTRIBUTIONS AND EXPENDITURES; AMENDING SECTION
  3        67-6602, IDAHO CODE, TO ADD DEFINITIONS AND TO MAKE  A  TECHNICAL  CORREC-
  4        TION;  AMENDING CHAPTER 66, TITLE 67, IDAHO CODE, BY THE ADDITION OF A NEW
  5        SECTION 67-6606A, IDAHO CODE, TO PROVIDE LEGISLATIVE FINDINGS, TO PROHIBIT
  6        ANY PERSON, GOVERNMENTAL  ENTITY  OR  STATE  UNIVERSITY  OR  COLLEGE  THAT
  7        ASSESSES  MANDATORY  STUDENT FEES FROM EXPENDING PUBLIC FUNDS TO INFLUENCE
  8        THE GENERAL PUBLIC ON A MATTER APPEARING ON AN ELECTION BALLOT, TO  AUTHO-
  9        RIZE  EXPENDITURE  OF PUBLIC FUNDS FOR EDUCATION OF THE PUBLIC ON A MATTER
 10        APPEARING ON AN ELECTION BALLOT AFTER A WRITTEN RECORD OF THE  EXPENDITURE
 11        IS  MADE, TO REQUIRE THAT ANY ASSOCIATION OR ENTITY RECEIVING PUBLIC FUNDS
 12        FOR DUES OR MEMBERSHIP REFUND AN AMOUNT EQUAL TO THE  AMOUNT  OF  DUES  OR
 13        MEMBERSHIP  EXPENDED FOR A COMMUNICATION INTENDED TO INFLUENCE THE GENERAL
 14        PUBLIC, TO PROVIDE FOR PERSONAL LIABILITY FOR THE IMPROPER EXPENDITURE  OF
 15        PUBLIC  FUNDS, TO PROVIDE FOR PROSECUTION OF VIOLATIONS AND FOR AN INJUNC-
 16        TION, TO PROVIDE EXEMPTIONS AND TO PROVIDE FOR REPORTING OF  EXPENDITURES;
 17        AMENDING  SECTION  67-6627,  IDAHO CODE, TO REVISE THE SEVERABILITY PROVI-
 18        SIONS OF THIS LAW; AND PROVIDING A STATEMENT OF LEGISLATIVE INTENT.
                                                                        
 19    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 20        SECTION 1.  That Section 67-6602, Idaho Code, be, and the same  is  hereby
 21    amended to read as follows:
                                                                        
 22        67-6602.  DEFINITIONS.  As  used in this act, the following terms have the
 23    following meanings:
 24        (a)  "Candidate" means an individual who has taken affirmative  action  to
 25    seek nomination or election to public office. An individual shall be deemed to
 26    have  taken  affirmative  action to seek such nomination or election to public
 27    office when he first:
 28        (1)  Receives contributions or makes expenditures  or  reserves  space  or
 29        facilities with intent to promote his candidacy for office; or
 30        (2)  Announces publicly or files for office.
 31        (b)  "Compensation"  includes  any  advance,  conveyance,  forgiveness  of
 32    indebtedness,  deposit,  distribution, loan, payment, gift, pledge or transfer
 33    of money or anything of value, and any contract, agreement, promise  or  other
 34    obligation,  whether  or  not legally enforceable, to do any of the foregoing,
 35    for services rendered or to be rendered, but does not include reimbursement of
 36    expenses if such reimbursement does not exceed the  amount  actually  expended
 37    for such expenses and is substantiated by an itemization of such expenses.
 38        (c)  "Contribution"  includes  any  advance,  conveyance,  forgiveness  of
 39    indebtedness, deposit, distribution, loan, payment, gift, pledge, subscription
 40    or  transfer of money or anything of value, and any contract, agreement, prom-
 41    ise or other obligation, whether or not legally enforceable, to make a contri-
 42    bution, in support of or in opposition to any candidate,  political  committee
 43    or measure. Such term also includes personal funds or other property of a can-
                                                                        
                                           2
                                                                        
  1    didate  or  members of his household expended or transferred to cover expendi-
  2    tures incurred in support of such candidate  but  does  not  include  personal
  3    funds  used  to pay the candidate filing fee. Such term also includes the ren-
  4    dering of personal and professional services for less than full consideration,
  5    but  does  not  include  ordinary  home  hospitality  or  the  rendering    of
  6    "part-time" personal services of the sort commonly performed by volunteer cam-
  7    paign workers or advisors or incidental expenses not in excess of  twenty-five
  8    dollars  ($25.00)  personally  paid  for  by  any  volunteer  campaign worker.
  9    "Part-time" services for the purposes of this definition,  means  services  in
 10    addition  to  regular  full-time  employment, or, in the case of an unemployed
 11    person or persons engaged in part-time employment, services  rendered  without
 12    compensation  or reimbursement of expenses from any source other than the can-
 13    didate or political committee for whom such services  are  rendered.  For  the
 14    purposes of this act, contributions, other than money or its equivalents shall
 15    be  deemed  to  have  a money value equivalent to the fair market value of the
 16    contribution.
 17        (d)  "Education" means actions or statements which, when taken as a whole,
 18    are not argumentative and do not explicitly or implicitly contend for  a  spe-
 19    cific  result  in a matter, but which fairly provide only factual information,
 20    contain a balanced presentation of the competing positions at issue and,  when
 21    taken as a whole, are neutral.
 22        (e)  "Election" means any general, special or primary election.
 23        (f)  "Election  ballot"  means any ballot submitted for vote by the public
 24    at any primary, general, special or other election, whether  submitted  state-
 25    wide or at a city, county, district or zone level.
 26        (eg)  "Election  campaign"  means any campaign in support of or in opposi-
 27    tion to a candidate for election to public office and any campaign in  support
 28    of, or in opposition to, a measure.
 29        (fh)  "Expenditure" includes any payment, contribution, subscription, dis-
 30    tribution,  loan, advance, deposit, or gift of money or anything of value, and
 31    includes a contract, promise, or agreement, whether or  not  legally  enforce-
 32    able,  to  make an expenditure. The term "expenditure" also includes a promise
 33    to pay, a payment or a transfer of anything of value in  exchange  for  goods,
 34    services, property, facilities or anything of value for the purpose of assist-
 35    ing,  benefiting or honoring any public official or candidate, or assisting in
 36    furthering or opposing any election campaign.
 37        (gi)  "Independent expenditure" means any expenditure by a  person  for  a
 38    communication  expressly  advocating  the  election,  passage  or  defeat of a
 39    clearly identified candidate or measure that is not made with the  cooperation
 40    or  with  the prior consent of, or in consultation with, or at the consent of,
 41    or in consultation with, or at the request of a suggestion of, a candidate  or
 42    any agent or authorized committee of the candidate or political committee sup-
 43    porting or opposing a measure. As used in this subsection, "expressly advocat-
 44    ing" means any communication containing a message advocating election, passage
 45    or defeat including, but not limited to, the name of the candidate or measure,
 46    or  expression such as "vote for," "elect," "support," "cast your ballot for,"
 47    "vote against," "defeat" or "reject."
 48        (j)  "Influence" means any statement  or  action  that  is  persuasive  in
 49    nature and:
 50        (1)  Seeks a specific result or vote in a matter; or
 51        (2)  Is  intended  to  or will likely influence those voting on the matter
 52        addressed.
 53    Influence does not include the release of a brief, factual statement of a pub-
 54    lic entity's position on a matter appearing on an election ballot,  when  such
 55    release  is  made either to the news media or to any individual upon a request
                                                                        
                                           3
                                                                        
  1    by that individual.
  2        (hk)  "Lobby" and "lobbying" each means attempting through contacts  with,
  3    or causing others to make contact with, members of the legislature or legisla-
  4    tive  committees,  to influence the approval, modification or rejection of any
  5    legislation by the legislature of the state of Idaho or any committee thereof.
  6    Neither  "lobby"  nor  "lobbying"   includes   an   association's   or   other
  7    organization's  act  of  communicating with the members of that association or
  8    organization.
  9        (il)  "Lobbyist" includes any person who lobbies.
 10        (jm)  "Lobbyist's employer" means the person or persons by whom a lobbyist
 11    is employed, directly or indirectly, and all persons by whom he is compensated
 12    for acting as a lobbyist.
 13        (kn)  "Measure" means any proposal, to be voted  statewide,  submitted  to
 14    the  people for their approval or rejection at an election, including any ini-
 15    tiative, referendum or revision of or amendment to the state constitution.  An
 16    initiative or referendum proposal shall be deemed a measure  when the attorney
 17    general reviews it and gives it a ballot title.
 18        (lo)  "Nonbusiness  entity"  means any group (of two (2) or more individu-
 19    als), corporation, association, firm, partnership, committee,  club  or  other
 20    organization which:
 21        (1)  Does not have as its principal purpose the conduct of business activ-
 22        ities for profit; and
 23        (2)  Received  during  the preceding calendar year contributions, gifts or
 24        membership fees, which in the aggregate exceeded ten percent (10%) of  its
 25        total receipts for such year.
 26        (mp)  "Person"  means an individual, corporation, association, firm, part-
 27    nership, committee, political party, club or other organization  or  group  of
 28    persons.
 29        (nq)  "Political committee" means:
 30        (1)  Any person specifically designated to support or oppose any candidate
 31        or measure; or
 32        (2)  Any  person  who  receives contributions and makes expenditures in an
 33        amount exceeding five hundred dollars ($500) in any calendar year for  the
 34        purpose  of supporting or opposing one (1) or more candidates or measures.
 35        Any entity registered with the federal election commission  shall  not  be
 36        considered a political committee for purposes of this chapter.
 37        (3)  A  county,  district  or regional committee of a recognized political
 38        party shall not be considered a political committee for  the  purposes  of
 39        this chapter unless such a party committee has expenditures exceeding five
 40        thousand dollars ($5,000) in a calendar year.
 41        (or)  "Political  treasurer"  means an individual appointed by a candidate
 42    or political committee as provided in section 67-6603, Idaho Code.
 43        (s)  "Public funds" includes both money and any benefit derived from  con-
 44    sumptive  use  of  personal property, which, irrespective of its source, is in
 45    the hands of or belongs to any entity of government or any department or  sub-
 46    division thereof.
 47        (pt)  "Public  office" means any state office or position, including state
 48    senator, state representative, and judge of the district court that is  filled
 49    by election.
                                                                        
 50        SECTION  2.  That  Chapter  66,  Title 67, Idaho Code, be, and the same is
 51    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 52    ignated as Section 67-6606A, Idaho Code, and to read as follows:
                                                                        
 53        67-6606A.  EXPENDITURE  OF  PUBLIC  FUNDS. (1)  The legislature finds that
                                                                        
                                           4
                                                                        
  1    the expenditure of public funds to influence members of the general public  on
  2    matters  appearing  on  an  election ballot is not a proper public purpose for
  3    such funds and shall be forbidden. The legislature also finds  that,  particu-
  4    larly at colleges and universities, the expenditure of public funds to educate
  5    the  public  regarding  matters  appearing on an election ballot, if done in a
  6    fair, neutral and balanced manner, may be a proper  public  purpose  for  such
  7    funds.  The legislature further finds that associations, boards or other enti-
  8    ties shall be required to refund the amount of public money received for  dues
  9    and  memberships  which is expended to influence the general  public regarding
 10    matters appearing on an election ballot. The purpose of  this  section  is  to
 11    establish   remedies  for the improper expenditure of public funds and to pro-
 12    vide for penalties, punishment  and  enforcement  whenever  public  funds  are
 13    expended in any manner not designated herein.
 14        (2)  (a)  No  person  or  governmental entity may use, expend or authorize
 15        the expenditure of public funds to influence members of the general public
 16        on a matter appearing on an election  ballot.  This  paragraph  shall  not
 17        apply  to public funds held by community colleges, state colleges or state
 18        universities.
 19        (b)  The state board of education shall  promulgate  rules  sufficient  in
 20        scope to prohibit the use or expenditure of public funds directly or indi-
 21        rectly by any community colleges, state colleges or state universities, or
 22        any  nonbusiness  entity  receiving public funds from any such educational
 23        institution when such use or expenditure of public funds would violate the
 24        United States or Idaho constitutions.
 25        (3)  A governmental entity, state university or state college  may  autho-
 26    rize the use of public funds for education of the public on a matter appearing
 27    on  an  election ballot only after a written record of the expenditure is made
 28    which includes the amount, the name of the  person  or  entity  receiving  the
 29    expenditure and the name of the person authorizing or making such expenditure.
 30    Such  record shall be retained by the governmental entity, state university or
 31    state college and shall be available to the  public  pursuant  to  chapter  3,
 32    title 9, Idaho Code.
 33        (4)  Any  association  or  other entity receiving public funds for dues or
 34    membership and which expends funds to influence the  general  public  about  a
 35    matter  appearing on an election ballot shall publicly disclose a statement of
 36    its revenue and expenses sufficient to disclose the expenditure of any  public
 37    funds  for  such  influence.  Any such association or other entity making such
 38    expenditure of public funds to so influence the general public shall refund an
 39    amount equal to the amount of dues or membership fees received by the associa-
 40    tion or entity in the year in which such expenditure was made.
 41        (5)  In addition to the penalties provided in section 67-6625, Idaho Code,
 42    any person violating the provisions of this section shall be personally liable
 43    for repayment of all public funds which that  person  improperly  expended  or
 44    authorized for expenditure, plus fifty dollars ($50.00).
 45        (6)  Any  citizen  of  this state may prosecute violations of this section
 46    and, in all cases where violation of this section or of  any  rules  regarding
 47    matters  addressed by this section is alleged an injunction may be sought pur-
 48    suant to section 67-6626, Idaho  Code,  and  an  expedited  hearing  shall  be
 49    afforded.  Expenditure  of public funds in violation of the provisions of this
 50    section or any rules regarding matters addressed by this section shall  create
 51    a  rebuttable  presumption  of  irreparable harm. Costs of litigation in cases
 52    prosecuted by citizens shall be awarded pursuant  to  section  67-6626,  Idaho
 53    Code.
 54        (7)  Otherwise proper expenditures of public funds by elected officials in
 55    the  exercise  of the duties of such office and expenditure of public funds as
                                                                        
                                           5
                                                                        
  1    specifically authorized by statute or other law are exempt from  the  applica-
  2    tion of this section.
  3        (8)  Legitimate  news  organizations operating at the state's universities
  4    and colleges are exempt from the provisions of this section  when  these  news
  5    organizations are providing bona fide news coverage.
  6        (9)  Any  person,  nonbusiness entity, governmental or other entity making
  7    an expenditure of public funds to influence those  eligible  to  vote  on  any
  8    election  ballot,  shall  make a report regarding all such expenditures at the
  9    times and in the manner set out in section 67-6607, Idaho Code.
                                                                        
 10        SECTION 3.  That Section 67-6627, Idaho Code, be, and the same  is  hereby
 11    amended to read as follows:
                                                                        
 12        67-6627.  SEVERABILITY.  If  any one (1) or more provisions, section, sub-
 13    section, sentence, clause, phrase or word of this act or its  the  application
 14    thereof  to any person or circumstance is held invalid found to be unconstitu-
 15    tional, the remainder of the act, or the application of the provision to other
 16    persons or circumstances is not affected same is hereby declared to be  sever-
 17    able  and  the balance of this act shall remain effective notwithstanding such
 18    unconstitutionality. The legislature hereby declares that it would have passed
 19    this act and each provision, section, subsection, sentence, clause, phrase  or
 20    word  thereof  irrespective  of  the fact that any one (1) or more provisions,
 21    sections, subsections, sentences, clauses, phrases or words be declared uncon-
 22    stitutional.
                                                                        
 23        SECTION 4.  LEGISLATIVE INTENT. It is legislative intent that, if an asso-
 24    ciation at a college or university expends public funds to  sponsor  an  event
 25    intended  for  entertainment,  cultural  enrichment,  or academic lecture, and
 26    beyond the control and knowledge of the association, the event is construed to
 27    present biased or nonfactual information which may influence those  in  atten-
 28    dance  on  a  matter  appearing on an election ballot, then in the interest of
 29    promoting the free exchange of ideas at colleges and universities, the associ-
 30    ation and the college or university  in  question  shall  not  be  liable  for
 31    alleged violations of section 67-6606A, Idaho Code.

Statement of Purpose / Fiscal Impact


                STATEMENT OF PURPOSE 
                       RS10025 
                           
     The purpose of this legislation is to codify Attorney General's Opinion 6-75
     relating to the expenditures of public funds during elections. The language
     provides statutory definition of those actions which the Attorney General has
     determined are unlawful. 
     
     Additionally, the Attorney General's Office submitted a legal guideline on January
     20, 1997, further outlining the proper role of public funds expended during
     elections. 
     
     Public funds have been used appropriately to educate voters about various ballot
     items. However, many times the publicly financed education is clearly one-sided
     and outside ethical guidelines. 
     
     This legislation provides for the proper use of public funds during elections and
     provides for enforcement and penalties. 
     
     
                           
                     FISCAL NOTE
     
     None. 
     
     
     
     
     
               CONTACT:  Rep. Jeff Alltus (800) 626-0471 or (208) 332-1000
                                                                 Rep. Bill Sali        "        "        "           "
      
     
                                                  STATEMENT OF PURPOSE/ FISCAL NOTE                           H 682