Print Friendly HOUSE BILL NO. 175 – Poll, persuasive, defined
HOUSE BILL NO. 175
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H0175......................................................by STATE AFFAIRS
POLLS - PERSUASIVE - Amends existing law to clarify the definition of a
persuasive poll; and to provide for penalties and prosecution.
02/08 House intro - 1st rdg - to printing
02/09 Rpt prt - to St Aff
02/26 Rpt out - rec d/p - to 2nd rdg
02/27 2nd rdg - to 3rd rdg
02/28 3rd rdg - PASSED - 65-2-3
AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Black, Boe, Bolz,
Bradford, Bruneel, Callister, Campbell, Chase, Clark, Collins, Cuddy,
Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20),
Gagner, Gould, Hadley, Hammond, Harwood, Henbest, Higgins, Jaquet,
Jones, Kellogg, Kendell, Kunz, Lake, Langford, Loertscher, Mader,
Marley, McKague, Meyer, Montgomery, Moss, Moyle, Pearce, Pischner,
Pomeroy, Raybould, Ridinger, Roberts, Robison, Schaefer, Sellman,
Shepherd, Smith, Smylie, Stevenson, Stone, Tilman, Trail, Wheeler,
Wood, Young, Mr. Speaker
NAYS -- Hornbeck, Sali
Absent and excused -- Crow, Mortensen, Swan
Floor Sponsor -- Jaquet
Title apvd - to Senate
03/01 Senate intro - 1st rdg - to St Aff
03/06 Rpt out - rec d/p - to 2nd rdg
03/07 2nd rdg - to 3rd rdg
03/16 3rd rdg - PASSED - 34-0-1
AYES -- Andreason, Branch(Bartlett), Boatright, Brandt, Bunderson,
Burtenshaw, Cameron, Danielson, Darrington, Davis, Deide, Dunklin,
Frasure, Geddes, Goedde, Hawkins, Ingram, Ipsen, Keough,
King-Barrutia, Lee, Lodge, Noh, Richardson, Risch, Sandy, Schroeder,
Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Whitworth
NAYS -- None
Absent and excused -- Williams
Floor Sponsors -- Geddes & Stennett
Title apvd - to House
03/19 To enrol
03/20 Rpt enrol - Sp signed
03/21 Pres signed - to Governor
03/22 Governor signed
Session Law Chapter 106
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 175
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO CAMPAIGN CONTRIBUTIONS; AMENDING SECTION 67-6629, IDAHO CODE, TO
3 CLARIFY THE DEFINITION OF A PERSUASIVE POLL AND TO MAKE A TECHNICAL COR-
4 RECTION; AND AMENDING SECTION 67-6625, IDAHO CODE, TO CLARIFY PENALTIES
5 AND VENUE FOR PROSECUTION AND TO MAKE A TECHNICAL CORRECTION.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 67-6629, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 67-6629. PERSUASIVE POLL CONCERNING CANDIDATE MUST IDENTIFY PERSON OR
10 ENTITY PAYING FOR POLL. (1) If a person, candidate, political party or politi-
11 cal committee requests or compensates a person to:
12 (a) Conduct or cause to be conducted a persuasive poll by telephone con-
13 cerning a candidate; or
14 (b) Produce automated or computerized messages by telephone to conduct a
15 persuasive poll concerning a candidate.
16 The person conducting the poll shall, at the end of the poll, disclose the
17 name and telephone number of the person, candidate, political party or politi-
18 cal committee that requested or compensated the person for the poll.
19 (2) As used in this section, "persuasive poll" means the canvassing of
20 persons, by means other than an established method of scientific sampling, by
21 asking questions or other information concerning a candidate which is designed
22 to provide information that is negative or derogatory about the candidate or
23 his family designed to advocate the election, approval or defeat of a candi-
24 date or measure. The term does not include a poll that is conducted only to
25 measure the public's opinion about or reaction to an issue, fact or theme.
26 (3) A violation of the provisions of this section shall be punished pun-
27 ishable as provided in section 67-6625, Idaho Code.
28 SECTION 2. That Section 67-6625, Idaho Code, be, and the same is hereby
29 amended to read as follows:
30 67-6625. VIOLATIONS -- CIVIL FINE -- MISDEMEANOR PENALTY -- PROSECUTION
31 -- LIMITATION -- VENUE. (a) Any person who violates the provisions of section
32 67-6603 through 67-6614A, 67-6617, 67-6619, 67-6620, 67-6621(a), or 67-6624 or
33 67-6629, Idaho Code, shall be liable for a civil fine not to exceed two hun-
34 dred fifty dollars ($250) if an individual, and not more than two thousand
35 five hundred dollars ($2,500) if a person other than an individual. The burden
36 of proof for such civil liability shall be met by showing a preponderance of
37 the evidence.
38 (b) Any person who violates section 67-6605 or 67-6621(b), Idaho Code,
39 and any person who knowingly and willfully violates section 67-6603 through
40 67-6614A, 67-6617, 67-6619, 67-6620, 67-6621(a), or 67-6624 or 67-6629, Idaho
41 Code, is guilty of a misdemeanor and, upon conviction, in addition to the
1 fines set forth in subsection (a) of this section, may be imprisoned for not
2 more than six (6) months or be both fined and imprisoned.
3 (c) The attorney general or the appropriate prosecuting attorney may
4 prosecute any violations of this act.
5 (d) Prosecution for violation of this act must be commenced within two
6 (2) years after the date on which the violation occurred.
7 (e) Venue for prosecution under the provisions of this chapter shall be
8 in the county of residence of the defendant if the defendant is a resident of
9 the state of Idaho, otherwise venue shall be in Ada county.
STATEMENT OF PURPOSE
The purpose of this legislation is to amend section 67-6629 of Idaho
Code relating to campaign contributions. The act clarifies the
definition of a "persuasive poll" in section 2, to mean a canvassing of
persons, which is designed to advocate the approval or defeat of a
candidate or measure, while removing the terms "negative" and
"derogatory" from the definition. The act also clarifies the penalties
applicable to the violation of the code making it comparable to
existing code for other campaign techniques.
There will be no fiscal impact.
STATEMENT OF PURPOSE/FISCAL NOTE H 175
Name: Rep. Wendy Jaquet
Phone: 332 1130