2003 Legislation
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HOUSE BILL NO. 251 – Judicial Independence Act

HOUSE BILL NO. 251

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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

Bill Text


                                                                        
                                                                        
  ||||              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 / Fiscal Impact



                       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