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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 - 2003IN 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 thetenthtwelfth Monday preceding the primary election and 5 p.m., 40 on theeighthtenth 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 exceedtwo hun-53dred fiftyone thousand dollars ($251,000) if an individual, and not more than 9 1twoten thousandfive hundreddollars ($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