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H0251...................................by JUDICIARY, RULES AND ADMINISTRATION
JUDICIAL INDEPENDENCE ACT - Adds to and amends existing law to provide for the
Idaho Judicial Independence Act; to provide for the Idaho Judicial
Independence Act Trust Fund; to specify sources of funding and terms of
participation; to specify violations; to require a study report to the
Legislature; to change the dates for filing declaration of candidacy; to
provide an additional penalty on any civil penalty for purposes of the Idaho
Judicial Independence Act Trust Fund; to increase fines for violations of
campaign contribution reporting provisions and to dedicate receipts to the
Judicial Independence Act Trust Fund; to create the Commission on Judicial
Election Practices; to provide the powers and duties of the commission; and to
provide the source of funding.
02/12 House intro - 1st rdg - to printing
02/13 Rpt prt - to Jud
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 251
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO CAMPAIGN FINANCE REFORM; AMENDING TITLE 34, IDAHO CODE, BY THE
3 ADDITION OF A NEW CHAPTER 26, TITLE 34, IDAHO CODE, TO PROVIDE A SHORT
4 TITLE, TO STATE PURPOSES OF THE ACT, TO DEFINE TERMS, TO PROVIDE AN ALTER-
5 NATIVE CAMPAIGN FINANCE OPTION, TO CREATE THE IDAHO JUDICIAL INDEPENDENCE
6 ACT TRUST FUND AND SPECIFY SOURCES OF FUNDING, TO SPECIFY TERMS OF PARTIC-
7 IPATION IN THE IDAHO JUDICIAL INDEPENDENCE ACT TRUST FUND PROCESS, TO GOV-
8 ERN ADMINISTRATION OF THE IDAHO JUDICIAL INDEPENDENCE ACT, TO SPECIFY
9 VIOLATIONS AND TO REQUIRE A STUDY REPORT TO THE LEGISLATURE; AMENDING SEC-
10 TION 34-704, IDAHO CODE, TO CHANGE THE DATES FOR FILING DECLARATION OF
11 CANDIDACY; AMENDING CHAPTER 32, TITLE 31, IDAHO CODE, BY THE ADDITION OF A
12 NEW SECTION 31-3201G, IDAHO CODE, TO PROVIDE AN ADDITIONAL PENALTY ON ANY
13 CIVIL PENALTY FOR PURPOSES OF THE IDAHO JUDICIAL INDEPENDENCE ACT TRUST
14 FUND; AMENDING SECTION 67-6625, IDAHO CODE, TO INCREASE FINES FOR VIOLA-
15 TIONS OF CAMPAIGN CONTRIBUTION REPORTING PROVISIONS AND TO DEDICATE
16 RECEIPTS TO THE IDAHO JUDICIAL INDEPENDENCE ACT TRUST FUND; AMENDING TITLE
17 67, IDAHO CODE, BY THE ADDITION OF A NEW CHAPTER 79, TITLE 67, IDAHO CODE,
18 TO CREATE THE COMMISSION ON JUDICIAL ELECTION PRACTICES, TO DEFINE TERMS,
19 TO PROVIDE THE POWERS AND DUTIES OF THE COMMISSION ON JUDICIAL ELECTION
20 PRACTICES AND TO PROVIDE THE SOURCE OF FUNDING FOR THE COMMISSION; PROVID-
21 ING AN ADDITION OF TWO FULL-TIME EQUIVALENT POSITIONS TO THE OFFICE OF THE
22 SECRETARY OF STATE; PROVIDING SEVERABILITY; PROVIDING LIBERAL CONSTRUCTION
23 TO EFFECTUATE THE PURPOSES OF THIS ACT; DECLARING AN EMERGENCY AND PROVID-
24 ING AN EFFECTIVE DATE.
25 Be It Enacted by the Legislature of the State of Idaho:
26 SECTION 1. That Title 34, Idaho Code, be, and the same is hereby amended
27 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap-
28 ter 26, Title 34, Idaho Code, and to read as follows:
29 CHAPTER 26
30 IDAHO JUDICIAL INDEPENDENCE ACT
31 34-2601. SHORT TITLE. This chapter may be known and cited as the "Idaho
32 Judicial Independence Act."
33 34-2602. PURPOSE OF ACT. The people who serve their fellow citizens as
34 judges in Idaho's highest courts hold a deep and sacred trust, which traces
35 its origins to the principles on which the United States of America and the
36 state of Idaho were founded. By opting for a system of selecting supreme court
37 justices that includes an election by the people, the founders of Idaho's con-
38 stitution did not abandon the fundamental principle of an independent judicial
39 branch of government nor could the founders have anticipated the huge increase
40 in private funds being spent to support or oppose candidates for supreme court
41 justice.
2
1 (1) The Idaho legislature, by enacting this chapter, finds and declares
2 that the current system of exclusively privately financed campaigns for elec-
3 tion to judicial office undermines the impartial administration of justice and
4 the independence of the judicial system in the following principal ways:
5 (a) It violates the principle of "one person, one vote" and diminishes
6 the meaning of the right to vote by allowing large contributions to have a
7 deleterious influence on the process by which judges are elected.
8 (b) It violates the rights of all citizens to equal and meaningful par-
9 ticipation in the electoral process.
10 (c) It diminishes the free speech rights of nonwealthy voters and candi-
11 dates whose voices are drowned out by those who can afford to monopolize
12 the arena of paid political communications.
13 (d) It undermines the first amendment right of voters and candidates to
14 be heard in the political process; it undermines the first amendment right
15 of voters to hear all candidates' speeches; and it undermines the core
16 first amendment value of open and robust debate in the political process.
17 (e) It fuels the public perception of corruption and undermines public
18 confidence in the integrity of the judiciary.
19 (f) It diminishes elected judges' accountability to the people by compel-
20 ling them to appear to be accountable to the major contributors who
21 finance their election campaigns.
22 (g) It creates a danger of actual corruption by encouraging judges to
23 take money from private interests that are directly affected by decisions
24 the court has made or may make in the future.
25 (h) It drives up the cost of election campaigns, making it difficult for
26 qualified candidates without access to large contributors or personal
27 fortunes to mount competitive campaigns for judicial office.
28 (i) It inhibits communication with the electorate by candidates without
29 access to large sums of private campaign money.
30 (j) It burdens candidates with the incessant rigors of fundraising and
31 thus decreases the time available to carry out their judicial responsibil-
32 ities.
33 (2) The Idaho legislature finds and declares that providing a voluntary
34 campaign finance system for judges competing in contested races in the primary
35 election and in contested runoff races in the general election would enhance
36 judicial integrity and independence and the election system. The Idaho legis-
37 lature further finds and declares that the unique factual circumstances in
38 Idaho require that the provisions of this chapter be enacted to promote the
39 compelling state interests listed in subsection (1) of this section. The
40 chapter's provisions are designed to create a rough proportionality between
41 the benefits and restrictions that apply to participating candidates.
42 34-2603. DEFINITIONS. As used in this chapter, the following terms have
43 the following meanings:
44 (1) "Certified candidate" means a candidate in Idaho running for state
45 supreme court or court of appeals who chooses to participate in the Idaho
46 judicial independence act and who has met the requirements in section 34-2606,
47 Idaho Code, to become a certified candidate.
48 (2) "Commission" means the commission on judicial election practices
49 within the Idaho secretary of state's office established by chapter 79, title
50 67, Idaho Code.
51 (3) "Contribution" means the same as in the definition of "contribution"
52 in section 67-6602, Idaho Code.
53 (4) "Nonparticipating candidate" means a candidate running for state
54 supreme court or court of appeals who does not choose to participate in the
3
1 Idaho judicial independence act and who is not seeking to be certified as an
2 Idaho judicial independence act candidate under section 34-2606, Idaho Code.
3 (5) "Participating candidate" means a candidate running for state supreme
4 court or court of appeals who is seeking to be certified as an Idaho judicial
5 independence act candidate under section 34-2606, Idaho Code.
6 (6) "Qualifying contribution" means a donation:
7 (a) Of five dollars ($5.00) in the form of a check, money order or cash,
8 if accompanied by a receipt with the name and address of the contributor
9 and signed by the contributor, payable to the trust fund in support of a
10 candidate;
11 (b) Made by a qualified elector within the state of Idaho;
12 (c) Made during the qualifying period and obtained with the knowledge and
13 approval of the participating candidate; and
14 (d) That is acknowledged by a written receipt that provides the name and
15 address of the donor on forms provided by the commission.
16 (7) "Qualifying period" begins January 1 of the election year and ends at
17 5:00 p.m. on the tenth Friday preceding the primary election.
18 (8) "Seed money contribution" means a contribution of no more than one
19 hundred dollars ($100) per individual made to a candidate, including every
20 contribution from the candidate or the candidate's family. To be eligible for
21 certification, a candidate may collect and spend only seed money contributions
22 subsequent to becoming a participating candidate as defined by this chapter
23 and throughout the qualifying period. A candidate may not collect or spend
24 seed money contributions after certification as an Idaho judicial independence
25 act candidate. The primary purpose of a seed money contribution is to enable a
26 participating candidate to collect qualifying contributions. A seed money con-
27 tribution must be reported according to the procedures developed by the com-
28 mission.
29 (9) "Trust fund" means the Idaho judicial independence act trust fund
30 established in section 34-2605, Idaho Code.
31 34-2604. ALTERNATIVE CAMPAIGN FINANCING OPTION. This chapter establishes
32 a voluntary alternative campaign financing option available to candidates run-
33 ning for state supreme court or court of appeals in Idaho. This alternative
34 campaign financing option is available to candidates for elections to be held
35 beginning in the year 2004, if the commission determines that there are suffi-
36 cient funds in the trust fund to provide a reasonable level of funding for the
37 anticipated number of candidates who may qualify to run under the Idaho judi-
38 cial independence act. If sufficient funds exist in the trust fund to provide
39 funding for the anticipated number of candidates who may qualify to run under
40 the Idaho judicial independence act for some but not all offices covered by
41 the option, the commission shall determine which offices shall receive the
42 funding that year and which shall wait until subsequent election years, based
43 on the following priority:
44 (1) Idaho supreme court justice;
45 (2) Idaho court of appeals judge.
46 The commission shall administer this Idaho judicial independence act and the
47 trust fund. Candidates participating in the Idaho judicial independence act
48 must also comply with all election and campaign laws and regulations.
49 34-2605. THE IDAHO JUDICIAL INDEPENDENCE ACT TRUST FUND ESTABLISHED --
50 SOURCES OF FUNDING. (1) The Idaho judicial independence act trust fund is
51 established to finance the election campaigns of certified Idaho judicial
52 independence act candidates running for state supreme court and court of
53 appeals and to pay administrative and enforcement costs of the commission
4
1 related to this chapter. This trust fund is a special, nonlapsing fund and any
2 interest generated by the trust fund shall be credited to the trust fund. The
3 commission on judicial election practices shall administer the trust fund. The
4 commission shall keep a record of all moneys deposited in the Idaho judicial
5 independence act trust fund that shall indicate the source from which the
6 moneys are derived, the interest earned and the activity or program against
7 which any withdrawal is charged.
8 (2) The following must be deposited into the trust fund:
9 (a) The qualifying contributions required under section 34-2606, Idaho
10 Code, and any excess qualifying contributions when those contributions are
11 submitted to the office;
12 (b) Seed money contributions collected pursuant to section 34-2606, Idaho
13 Code, remaining unspent after a candidate has become a certified candi-
14 date;
15 (c) Trust fund revenues which were distributed to an Idaho judicial inde-
16 pendence act candidate and which remain unspent after the candidate has
17 lost a primary election or after all general elections;
18 (d) Other unspent funds distributed to any Idaho judicial independence
19 act candidate who does not remain a candidate throughout a primary or gen-
20 eral election cycle;
21 (e) Voluntary donations made directly to the trust fund;
22 (f) Fines collected under sections 34-2608 and 67-6625, Idaho Code;
23 (g) Revenue from a surcharge on civil assessments in the district courts
24 of Idaho pursuant to section 31-3201G, Idaho Code; and
25 (h) Any other funds as designated by the Idaho state legislature.
26 (3) By November 1 preceding each election year, the commission shall pub-
27 lish an estimate of the revenue in the trust fund available for distribution
28 to the certified candidates during the upcoming year's election, and shall
29 state whether some or all of the offices shall be covered by the Idaho judi-
30 cial independence act pursuant to section 34-2604, Idaho Code.
31 (4) All moneys placed in the trust fund are hereby perpetually appropri-
32 ated to the secretary of state for administration and allocation as provided
33 by this chapter. All expenditures from the trust fund shall be paid out in
34 warrants drawn by the state controller upon presentation of proper vouchers
35 from the secretary of state. The provisions of section 67-3516(3) and (4),
36 Idaho Code, are hereby specifically declared not to apply to the administra-
37 tion of the trust fund.
38 34-2606. TERMS OF PARTICIPATION. (1) A participating candidate must file
39 a declaration of intent to seek certification as an Idaho judicial indepen-
40 dence act candidate and comply with the requirements of this chapter. The dec-
41 laration of intent must be filed with the commission prior to or during the
42 qualifying period, except as provided in subsection (13) of this section,
43 according to forms and procedures developed by the commission. A participating
44 candidate must submit a declaration of intent prior to collecting qualifying
45 contributions under this chapter.
46 (2) Subsequent to becoming a candidate as defined in section 67-6602,
47 Idaho Code, and prior to certification, a participating candidate shall not
48 accept contributions, except for seed money contributions. A participating
49 candidate shall limit the candidate's total seed money contributions to ten
50 thousand dollars ($10,000). The commission may, by rule, revise this amount to
51 ensure effective implementation of this chapter.
52 (3) During the qualifying period, participating candidates must obtain
53 qualifying contributions from no less than two thousand (2,000) qualified
54 electors of the state of Idaho who support the candidacy of the participating
5
1 candidate. A payment, gift or anything of value may not be given, or caused to
2 be given, in exchange for a qualifying contribution.
3 (4) A participating candidate must submit all qualifying contributions to
4 the commission during the qualifying period according to procedures developed
5 by the commission, except as provided in subsection (13) of this section.
6 (5) Upon receipt of a final submittal of qualifying contributions by a
7 participating candidate, the commission shall determine whether or not the
8 candidate has:
9 (a) Signed and filed a declaration of intent to participate in the Idaho
10 judicial independence act;
11 (b) Submitted the appropriate number of valid qualifying contributions;
12 (c) Met the requirements to become a candidate under section 67-6602,
13 Idaho Code;
14 (d) Not accepted contributions, except for seed money contributions, and
15 otherwise complied with seed money restrictions; and
16 (e) Otherwise met the requirements for certification in this chapter.
17 (6) The commission shall certify a candidate complying with the require-
18 ments of this section as an Idaho judicial independence act candidate as soon
19 as possible and no later than three (3) business days after the candidate's
20 final submittal of qualifying contributions.
21 Upon certification, a certified candidate must transfer to the trust fund
22 any unspent seed money contributions. A certified candidate must comply with
23 all requirements of this chapter after certification and throughout the pri-
24 mary and general election cycles. Failure to do so is a violation of this
25 chapter.
26 (7) After certification, a certified candidate must limit the candidate's
27 campaign expenditures and obligations, including outstanding obligations, to
28 the revenues distributed to the candidate from the trust fund and may not
29 accept any contributions unless specifically authorized by the commission. All
30 revenues distributed to certified candidates from the trust fund must be used
31 for campaign-related purposes. The commission shall publish guidelines
32 outlining permissible campaign-related expenditures.
33 (8) The commission shall distribute to certified candidates revenues from
34 the trust fund in amounts determined under subsection (9) of this section in
35 the following manner:
36 (a) Within three (3) business days after the tenth Friday before the pri-
37 mary election, for certified candidates who are in a contested election.
38 Funds may not be distributed for uncontested primary elections;
39 (b) Within three (3) business days after the primary election, in the
40 event the certified candidate by virtue of the results of the primary
41 election faces a contested runoff election in the general election.
42 Funds may be distributed to certified candidates under this section by any
43 mechanism that is expeditious, ensures accountability and safeguards the
44 integrity of the trust fund.
45 (9) Each year prior to the election year, the commission shall determine
46 the amount of funds from the trust fund to be distributed to participating
47 candidates based on evidence of past elections for state supreme court and
48 court of appeals in Idaho. If the commission determines that there is insuffi-
49 cient data on the cost to run a campaign for a particular office based on pre-
50 vious contested elections for that office, the commission may use discretion
51 to determine an appropriate amount. In the determination of trust funds to be
52 distributed for candidates for elections to be held in the year 2004, the com-
53 mission may reduce the amounts to be distributed by its estimate of
54 fundraising costs, which a certified candidate would not have.
55 (10) When any campaign finance report of a noncertified candidate who is
6
1 opposed by one (1) or more certified candidates shows that the sum of the
2 noncertified candidate's expenditures or obligations, or funds raised or bor-
3 rowed, whichever is greater, reported under section 67-6607, Idaho Code,
4 exceeds the distribution amount under subsection (9) of this section, the com-
5 mission shall issue immediately to all certified candidates opposing the
6 noncertified candidate an additional amount equivalent to the reported excess.
7 Matching funds are limited to two (2) times the amount originally distributed
8 under subsection (9) of this section.
9 (11) Notwithstanding any other provision of law, participating and certi-
10 fied candidates shall report all money collected, all campaign expenditures,
11 obligations and related activities to the commission according to procedures
12 developed by the commission. Upon the filing of a report of expenditures under
13 section 67-6607, Idaho Code, thirty (30) days after the primary election in
14 which the candidate was elected or defeated or for all certified candidates
15 participating in the general election thirty (30) days after the general elec-
16 tion, all certified candidates shall return all unspent trust fund revenues to
17 the commission. In developing these procedures, the commission shall utilize
18 existing campaign reporting procedures whenever practicable.
19 (12) The commission may not distribute revenues to certified candidates in
20 excess of the total amount of money deposited in the trust fund established in
21 section 34-2605, Idaho Code. Notwithstanding any other provisions of this
22 chapter, if the commission determines that the revenues in the trust fund are
23 insufficient to meet distributions under subsection (8) or (9) of this sec-
24 tion, the commission may permit certified candidates to accept and spend con-
25 tributions, reduced by any seed money contributions, aggregating no more than
26 five hundred dollars ($500) per donor per election for candidates for state
27 supreme court or court of appeals up to the applicable amounts set forth in
28 subsections (8) and (9) of this section according to the rules adopted by the
29 commission.
30 (13) A candidate who has been denied certification as an Idaho judicial
31 independence act certified candidate or the opponent of a candidate who has
32 been granted certification as an Idaho judicial independence act certified
33 candidate may challenge a certification decision by petitioning the commission
34 as follows:
35 (a) A petitioner may petition to the full commission within three (3)
36 business days of the certification decision. The petition must be in writ-
37 ing and must set forth the reasons for the petition.
38 (b) Within five (5) business days after a petition is properly made by a
39 petitioner and after notice is given to the petitioner and every candidate
40 for the office affected, the commission shall hold a hearing. The peti-
41 tioner has the burden of providing evidence to demonstrate that the com-
42 mission decision was improper. The commission must rule on the petition
43 within three (3) business days after the completion of the hearing.
44 (c) A petitioner may appeal the decision of the commission rendered pur-
45 suant to subsection (b) of this subsection by commencing an action in dis-
46 trict court.
47 (d) A candidate whose certification by the commission as an Idaho judi-
48 cial independence act certified candidate is revoked by the commission or
49 a court must return to the commission all revenues distributed from the
50 trust fund. If the commission or court finds that a petition or appeal was
51 made frivolously or to cause delay or hardship, the commission or court
52 may require the petitioner or appellant to pay costs and attorney's fees
53 of the commission, court and opposing parties, if any.
54 34-2607. ADMINISTRATION OF THE IDAHO JUDICIAL INDEPENDENCE ACT. The com-
7
1 mission on judicial election practices, within the office of the secretary of
2 state, shall adopt rules to ensure effective administration of this chapter.
3 These rules must include, but are not limited to, procedures for obtaining
4 qualifying contributions, certification as an Idaho judicial independence act
5 candidate, circumstances involving special elections, vacancies, withdrawals
6 or replacements, collection of revenues for the trust fund, distribution of
7 trust fund revenue to certified candidates, return of unspent trust fund dis-
8 bursements and compliance with the Idaho judicial independence act.
9 34-2608. VIOLATIONS. (1) In addition to any other penalties that may be
10 applicable, a person who violates any provision of this chapter is subject to
11 a civil penalty not to exceed thirty thousand dollars ($30,000) per violation,
12 payable to the trust fund. This penalty is recoverable in a civil action. In
13 addition to any fine, for good cause shown, a candidate found in violation of
14 this chapter may be required to return to the trust fund all amounts distrib-
15 uted to the candidate from the trust fund plus interest. If the commission
16 makes a determination that a violation of this chapter has occurred, the com-
17 mission shall assess a fine or transmit the finding to the attorney general
18 for prosecution. Fines paid under this section must be deposited in the trust
19 fund. In determining whether or not a candidate is in violation of the expen-
20 diture limits of this chapter, the commission may consider as a mitigating
21 factor any circumstances out of the candidate's control.
22 (2) A person who willfully or knowingly violates this chapter, or any
23 rules of the commission, or who willfully or knowingly makes a false statement
24 in any report required by this chapter, commits a felony and, if certified as
25 an Idaho judicial independence act candidate, must return to the trust fund
26 all amounts distributed by the trust fund to the candidate.
27 34-2609. STUDY REPORT. By January 30, 2007, and every four (4) years
28 thereafter, the commission shall prepare for the Idaho judicial council, the
29 Idaho supreme court and the Idaho legislature a report documenting, evaluating
30 and making recommendations relating to the administration, implementation,
31 funding and enforcement of the Idaho judicial independence act and the Idaho
32 judicial independence act trust fund.
33 SECTION 2. That Section 34-704, Idaho Code, be, and the same is hereby
34 amended to read as follows:
35 34-704. DECLARATION OF CANDIDACY. Any person legally qualified to hold
36 such office is entitled to become a candidate and file his declaration of can-
37 didacy. Each political party candidate for precinct, state, district or county
38 office shall file his declaration of candidacy in the proper office between 8
39 a.m., on the tenth twelfth Monday preceding the primary election and 5 p.m.,
40 on the eighth tenth Friday preceding the primary election. All political party
41 candidates shall declare their party affiliation in their declaration of can-
42 didacy, except candidates for nonpartisan office.
43 Candidates who file a declaration of candidacy under a party name and are
44 not nominated at the primary election shall not be allowed to appear on the
45 general election ballot under any other political party name, nor as an inde-
46 pendent candidate. Independent candidates shall file their declaration of can-
47 didacy in the manner provided in section 34-708, Idaho Code.
48 SECTION 3. That Chapter 32, Title 31, Idaho Code, be, and the same is
49 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
50 ignated as Section 31-3201G, Idaho Code, and to read as follows:
8
1 31-3201G. ADDITIONAL PENALTIES. (1) In addition to any other penalty
2 assessment provided by law, a penalty assessment shall be levied in an amount
3 of three percent (3%) on every fine, penalty and forfeiture imposed and col-
4 lected by the courts for any civil penalty imposed and collected for a civil
5 traffic violation and fine, penalty or forfeiture for a violation of the motor
6 vehicle statutes, for any local ordinance relating to the stopping, standing
7 or operation of a vehicle or for a violation of the fish and game statutes in
8 title 36, Idaho Code.
9 (2) If any deposit of bail or bond or deposit for an alleged civil traf-
10 fic violation is to be made for a violation, the court shall require a suffi-
11 cient amount to include the assessment prescribed in this section for for-
12 feited bail, bond or deposit. If bail, bond or deposit is forfeited, the court
13 shall transmit the amount of the assessment pursuant to subsection (5) of this
14 section. If bail, bond or deposit is returned, the assessment made pursuant to
15 this article shall also be returned.
16 (3) After addition of the penalty assessment, the court may round the
17 total amount due to the nearest one-quarter (1/4) dollar.
18 (4) The judge may waive all or part of the civil penalty, fine, forfei-
19 ture and penalty assessment, except for mandatory civil penalties and fines,
20 the payment of which would work a hardship on the persons convicted or adjudi-
21 cated or on their immediate families. If a fine or civil penalty is manda-
22 tory, the judge may waive only all or part of the penalty assessments pre-
23 scribed by subsection (1) of this section. If a fine or civil penalty is not
24 mandatory and if a portion of the civil penalty, fine, forfeiture and penalty
25 assessment is waived or suspended, the amount assessed must be divided accord-
26 ing to the proportion that the civil penalty, fine, bail or bond or the pen-
27 alty assessment represents of the total amount due.
28 (5) After a determination by the court of the amount due, the court shall
29 transmit, on the last day of each month, the assessments collected pursuant to
30 subsections (1) and (2) of this section and a remittance report of the fines,
31 civil penalties and assessments collected pursuant to subsections (1) and (2)
32 of this section to the county treasurer, except that the magistrates division
33 of the district court shall transmit the assessments and the remittance report
34 of the fines, civil penalties and assessments to the city treasurer.
35 (6) The appropriate authorities specified in subsection (5) of this sec-
36 tion shall transmit the three percent (3%) penalty assessment prescribed in
37 subsection (1) of this section and the remittance report as required in sub-
38 section (5) of this section to the state treasurer on or before the fifteenth
39 day of each month for deposit in the Idaho judicial independence act trust
40 fund established in section 34-2605, Idaho Code.
41 (7) Partial payments of the amount due shall be transmitted as prescribed
42 in subsections (5) and (6) of this section and shall be divided according to
43 the proportion that the civil penalty, fine, bail or bond or penalty assess-
44 ment represents of the total amount due.
45 (8) This section shall be of no force and effect on and after January 1,
46 2016.
47 SECTION 4. That Section 67-6625, Idaho Code, be, and the same is hereby
48 amended to read as follows:
49 67-6625. VIOLATIONS -- CIVIL FINE -- MISDEMEANOR PENALTY -- PROSECUTION
50 -- LIMITATION -- VENUE. (a) Any person who violates the provisions of section
51 67-6603 through 67-6614A, 67-6617, 67-6619, 67-6620, 67-6621(a), 67-6624 or
52 67-6629, Idaho Code, shall be liable for a civil fine not to exceed two hun-
53 dred fifty one thousand dollars ($251,000) if an individual, and not more than
9
1 two ten thousand five hundred dollars ($2,510,000) if a person other than an
2 individual. The burden of proof for such civil liability shall be met by show-
3 ing a preponderance of the evidence. All fines collected under this section
4 shall be deposited in the Idaho judicial independence act trust fund as estab-
5 lished in section 34-2605, Idaho Code.
6 (b) Any person who violates section 67-6605 or 67-6621(b), Idaho Code,
7 and any person who knowingly and willfully violates section 67-6603 through
8 67-6614A, 67-6617, 67-6619, 67-6620, 67-6621(a), 67-6624 or 67-6629, Idaho
9 Code, is guilty of a misdemeanor and, upon conviction, in addition to the
10 fines set forth in subsection (a) of this section, may be imprisoned for not
11 more than six (6) months or be both fined and imprisoned.
12 (c) The attorney general or the appropriate prosecuting attorney may
13 prosecute any violations of this act.
14 (d) Prosecution for violation of this act must be commenced within two
15 (2) years after the date on which the violation occurred.
16 (e) Venue for prosecution under the provisions of this chapter shall be
17 in the county of residence of the defendant if the defendant is a resident of
18 the state of Idaho, otherwise venue shall be in Ada county.
19 SECTION 5. That Title 67, Idaho Code, be, and the same is hereby amended
20 by the addition of a NEW CHAPTER, to be known and designated as Chapter 79,
21 Title 67, Idaho Code, and to read as follows:
22 CHAPTER 79
23 IDAHO COMMISSION ON JUDICIAL ELECTION PRACTICES
24 67-7901. COMMISSION ON JUDICIAL ELECTION PRACTICES CREATED. There is
25 hereby created and established in the office of the Idaho secretary of state
26 the "Idaho Commission on Judicial Election Practices" appointed as follows:
27 (1) By May 1, 2003, and as needed after that date, the Idaho state bar,
28 the Idaho judicial council and the Idaho secretary of state shall jointly
29 establish and publish a nomination period during which the members of the pub-
30 lic may nominate qualified individuals to the governor for appointment to the
31 commission. The initial nomination period must close by September 1, 2003.
32 (2) The governor shall appoint the members of the commission, taking into
33 consideration nominations made during the nomination period. The commission
34 shall be composed of five (5) qualified electors of Idaho. No more than two
35 (2) members of the commission shall be members of any one (1) political party.
36 No more than two (2) members of the commission shall be residents of the same
37 county. No more than three (3) nor less than two (2) members of the commission
38 shall be licensed to practice law in the state of Idaho.
39 (3) The terms of the commission will be staggered so that the first term
40 of two (2) commissioners shall expire on December 31, 2004, the first term of
41 two (2) commissioners shall expire on December 31, 2005, and the first term of
42 one (1) commissioner shall expire on December 31, 2006.
43 (4) Except as set forth in subsection (3) of this section, the term of
44 office shall be three (3) years and no commissioner shall serve for more than
45 two (2) consecutive terms. The commissioners shall elect a chairman for a term
46 of one (1) year.
47 (5) Except as set forth in subsection (3) of this section, the term of
48 office shall commence on January 1 and expire on December 31.
49 (6) Vacancies shall be filled as terms expire. Each of the commissioners
50 shall hold office until his or her successor has been appointed and qualified.
51 (7) A majority of the members of said commission shall constitute a quo-
52 rum for the transaction of all business and the carrying out of the duties of
10
1 said commission. Before entering on the discharge of their duties as members
2 of said commission, each member shall take and subscribe to the oath of office
3 prescribed for state officers.
4 (8) Each member of the commission shall be compensated as provided by
5 section 59-509(d), Idaho Code.
6 (9) Members of the commission may, by joint decision of the governor and
7 the secretary of state, be removed for substantial neglect of duty, gross mis-
8 conduct in office, inability to discharge the powers and duties of office or
9 violation of this section, after written notice and opportunity for a
10 response.
11 67-7902. DEFINITIONS. In this chapter, the following terms shall have the
12 following meanings:
13 (1) "Commission" shall mean the Idaho commission on judicial election
14 practices.
15 (2) "Trust fund" shall mean the Idaho judicial independence act trust
16 fund established in section 34-2605, Idaho Code.
17 67-7903. POWERS AND DUTIES OF THE COMMISSION ON JUDICIAL ELECTION PRAC-
18 TICES. The commission shall have the following powers and duties:
19 (1) Administer the Idaho judicial independence act trust fund.
20 (2) The commission shall adopt rules to ensure effective administration
21 of this chapter. These rules shall include, but shall not be limited to, pro-
22 cedures for obtaining qualifying contributions, certification of candidates
23 under the Idaho judicial independence act, collection of revenues for the
24 trust fund, distribution of trust fund revenues in a timely manner to certi-
25 fied candidates, return of unspent trust fund disbursements and compliance
26 with the Idaho judicial independence act.
27 (3) By January 30, 2007, and every four (4) years thereafter, the commis-
28 sion shall prepare for the Idaho supreme court, the Idaho judicial council and
29 the Idaho legislature a report documenting, evaluating and making recommenda-
30 tions relating to the administration, implementation, funding and enforcement
31 of the Idaho judicial independence act and the Idaho judicial independence act
32 trust fund.
33 (4) By October 1 preceding each election year, the commission shall pub-
34 lish an estimate of the revenue in the fund available for distribution to the
35 certified candidates during the upcoming year's election, and shall state
36 whether some or all of the offices shall be covered by the Idaho judicial
37 independence act pursuant to section 34-2604, Idaho Code.
38 (5) The commission may, by rule, revise the limits of seed money contri-
39 butions in section 34-2606, Idaho Code, to ensure effective implementation of
40 the Idaho judicial independence act.
41 (6) Upon receipt of a final submittal of qualifying contributions by a
42 participating candidate, the commission shall determine whether or not the
43 candidate has:
44 (a) Signed and filed a declaration of intent to participate in the Idaho
45 judicial independence act;
46 (b) Submitted the appropriate number of valid qualifying contributions;
47 (c) Qualified as a candidate by petition or other means;
48 (d) Not accepted contributions, except for seed money contributions, and
49 otherwise complied with seed money restrictions; and
50 (e) Otherwise met the requirements for participation in the Idaho judi-
51 cial independence act.
52 (7) The commission shall certify a candidate complying with the require-
53 ments of this section as an Idaho judicial independence act candidate as soon
11
1 as possible and no later than three (3) business days after final submittal of
2 qualifying contributions.
3 (8) The commission shall publish guidelines outlining permissible
4 campaign-related expenditures.
5 (9) The commission shall distribute to certified candidates revenues from
6 the trust fund in amounts determined under section 34-2606, Idaho Code.
7 (10) The commission shall work with the office of the secretary of state
8 to ensure the timely public access to campaign finance data, including storing
9 and dissemination of information.
10 (11) The commission shall hear contests over eligibility for funding under
11 chapter 26, title 34, Idaho Code.
12 (12) The commission shall issue any other rules as are necessary for this
13 chapter and the Idaho judicial independence act, chapter 26, title 34, Idaho
14 Code.
15 67-7904. FUNDING. The funding for the expenses of administering the com-
16 mission on judicial election practices, as established in chapter 26, title
17 34, Idaho Code, shall be from the Idaho judicial independence act trust fund
18 plus any additional funds appropriated by the Idaho legislature.
19 SECTION 6. There is hereby added to the staff of the Idaho Secretary of
20 State an additional two (2) full-time equivalent (FTE) positions to ensure
21 effective implementation of the Idaho Judicial Independence Act and to provide
22 staff to the Idaho Commission on Judicial Election Practices. Funds for these
23 positions shall be provided from the Idaho Judicial Independence Act Trust
24 Fund plus any additional funds appropriated by the Idaho Legislature.
25 SECTION 7. The provisions of this act are hereby declared to be severable
26 and if any provision of this act or the application of such provision to any
27 person or circumstance is declared invalid for any reason, such declaration
28 shall not affect the validity of the remaining portions of this act.
29 SECTION 8. The provisions of this act are to be liberally construed to
30 effectuate the policies and purposes of this act. In the event of conflict
31 between the provisions of this act and any other act, the provisions of this
32 act shall govern.
33 SECTION 9. An emergency existing therefor, which emergency is hereby
34 declared to exist, this act shall be in full force and effect on and after May
35 1, 2003.
STATEMENT OF PURPOSE
RS 12427C3
The Idaho Judicial Independence Act provides a voluntary system
of public financing for Idaho Supreme Court and Court of Appeals
candidates to address the increasing demand for judicial
candidates to raise private funds to run for election. As the
amount of money that must be raised goes up, the risk that the
donors have interests pending in the appellate court also
increases. This system, similar to that in place in North
Carolina and Wisconsin, is recommended by the American Bar
Association for states that elect appellate judges in face to
face contests.
To qualify, candidates must demonstrate a base of support by
collecting 2000 contributions of $5 each. Those $5 contributions
can only come from registered voters in the state and are
deposited with the Idaho Judicial Independence Act Trust Fund.
Once a candidate qualifies, she/he must then agree not to spend
any more private money (from donations or from their own personal
funds) and in exchange she/he receives a set amount of funds from
the Trust Fund. The Trust Fund does not come from tax revenues
but comes from several sources, the largest of which is a
surcharge of 3% on civil penalties (i.e. traffic infractions,
fish & game fines, etc...) as well as donations and the $5
qualifying contributions.
If a qualifying candidate faces an opponent who opts to raise
money from private sources and, therefore, is not limited in the
amount she/he may spend, the qualifying candidate may receive
matching funds from the Trust Fund only if the opponent reports
spending more than the amount distributed to the qualifying
candidates. However, the qualifying candidate is still limited
to twice the original amount distributed.
The act sets up a Commission on Judicial Election Practices
within the Idaho Secretary of State's office to oversee the
functioning of the system. Funds for staff and for the operation
of the commission come from the Trust Fund. The provision that
imposes the 3% surcharge on civil penalties (section 4) expires
on January 1, 2016. This means the legislature must revisit the
funding mechanism prior to that time.
FISCAL IMPACT
The act is set up to operate with new revenues dedicated to the
Judicial Independence Act Trust Fund and therefore has no impact
on existing funds. The cost of the act, including the cost of
staff and the commission within the Secretary of State's office
is estimated on the high end to average $1,500,000 per year (or
$3,000,000 over two years). In non-election years, the bulk of
the funds coming in will carry forward into the next election
year when it will be needed. Based on the average amount of
civil penalties the courts imposed each year in 1998-2000, it is
estimated that the 3% surcharge on civil penalties will generate
not less than $1,200,000 and probably no more than $1,600,000 per
year on average.
Contact:
Name: Rep Tom Trail
Phone: 332-1202
Name: Rep David Beiter
Phone: 332-1243
STATEMENT OF PURPOSE/FISCAL NOTE H 251