2004 Legislation
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SENATE BILL NO. 1421 – Election campaign/candidate/define


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Bill Status

S1421......................................................by STATE AFFAIRS
ELECTION CAMPAIGNS - Amends existing law relating to election campaigns to
further define the term "candidate."
03/02    Senate intro - 1st rdg - to printing
03/03    Rpt prt - to St Aff

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                       IN THE SENATE
                                    SENATE BILL NO. 1421
                                 BY STATE AFFAIRS COMMITTEE
  1                                        AN ACT
  4        AN EMERGENCY.
  5    Be It Enacted by the Legislature of the State of Idaho:
  6        SECTION 1.  That Section 67-6602, Idaho Code, be, and the same  is  hereby
  7    amended to read as follows:
  8        67-6602.  DEFINITIONS.  As  used in this chapter, the following terms have
  9    the following meanings:
 10        (a)  "Candidate" means an individual who has taken affirmative  action  to
 11    seek nomination or election to public office. An individual shall be deemed to
 12    have  taken  affirmative  action to seek such nomination or election to public
 13    office when he first:
 14        (1)  Receives contributions or makes expenditures  or  reserves  space  or
 15        facilities with intent to promote his candidacy for office; or
 16        (2)  Announces publicly or files for office.
 17        (3)  For  purposes of this chapter, an incumbent shall be presumed to be a
 18        candidate in the subsequent election for his or her office.  Contributions
 19        received  by  an  incumbent  candidate  shall not be in excess of the pre-
 20        scribed contribution limits for  the  subsequent  election  by  which  the
 21        incumbent  candidate's name would first appear on the ballot. An incumbent
 22        shall no longer be a candidate for his or her office  after  the  deadline
 23        for the filing of a declaration of candidacy to first appear on the ballot
 24        for that office has expired.
 25        (b)  "Compensation"  includes  any  advance,  conveyance,  forgiveness  of
 26    indebtedness,  deposit,  distribution, loan, payment, gift, pledge or transfer
 27    of money or anything of value, and any contract, agreement, promise  or  other
 28    obligation,  whether  or  not legally enforceable, to do any of the foregoing,
 29    for services rendered or to be rendered, but does not include reimbursement of
 30    expenses if such reimbursement does not exceed the  amount  actually  expended
 31    for such expenses and is substantiated by an itemization of such expenses.
 32        (c)  "Contribution"  includes  any  advance,  conveyance,  forgiveness  of
 33    indebtedness, deposit, distribution, loan, payment, gift, pledge, subscription
 34    or  transfer of money or anything of value, and any contract, agreement, prom-
 35    ise or other obligation, whether or not legally enforceable, to make a contri-
 36    bution, in support of or in opposition to any candidate,  political  committee
 37    or measure. Such term also includes personal funds or other property of a can-
 38    didate  or  members of his household expended or transferred to cover expendi-
 39    tures incurred in support of such candidate  but  does  not  include  personal
 40    funds  used  to pay the candidate filing fee. Such term also includes the ren-
 41    dering of personal and professional services for less than full consideration,
 42    but does not include ordinary home hospitality or the rendering of "part-time"
 43    personal services of the sort commonly performed by volunteer campaign workers
  1    or advisors or incidental  expenses  not  in  excess  of  twenty-five  dollars
  2    ($25.00)  personally  paid  for  by any volunteer campaign worker. "Part-time"
  3    services for the purposes of this definition, means services  in  addition  to
  4    regular  full-time employment, or, in the case of an unemployed person or per-
  5    sons engaged in part-time employment, services rendered  without  compensation
  6    or  reimbursement  of  expenses  from  any  source other than the candidate or
  7    political committee for whom such services are rendered. For the  purposes  of
  8    this  act, contributions,  other than money or its equivalents shall be deemed
  9    to have a money value equivalent to the fair market value of the contribution.
 10        (d)  "Election" means any general, special or primary election.
 11        (e)  "Election campaign" means any campaign in support of or in opposition
 12    to a candidate for election to public office and any campaign in  support  of,
 13    or in opposition to, a measure.
 14        (f)  "Expenditure"  includes any payment, contribution, subscription, dis-
 15    tribution, loan, advance, deposit, or gift of money or anything of value,  and
 16    includes  a  contract,  promise, or agreement, whether or not legally enforce-
 17    able, to make an expenditure. The term "expenditure" also includes  a  promise
 18    to  pay,  a  payment or a transfer of anything of value in exchange for goods,
 19    services, property, facilities or anything of value for the purpose of assist-
 20    ing, benefiting or honoring any public official or candidate, or assisting  in
 21    furthering or opposing any election campaign.
 22        (g)  "Independent  expenditure"  means  any  expenditure by a person for a
 23    communication expressly advocating  the  election,  passage  or  defeat  of  a
 24    clearly  identified candidate or measure that is not made with the cooperation
 25    or with the prior consent of, or in consultation with, or at the  consent  of,
 26    or  in consultation with, or at the request of a suggestion of, a candidate or
 27    any agent or authorized committee of the candidate or political committee sup-
 28    porting or opposing a measure. As used in this subsection, "expressly advocat-
 29    ing" means any communication containing a message advocating election, passage
 30    or defeat including, but not limited to, the name of the candidate or measure,
 31    or expression such as "vote for," "elect," "support," "cast your ballot  for,"
 32    "vote against," "defeat" or "reject."
 33        (h)  "Lobby"  and  "lobbying" each means attempting through contacts with,
 34    or causing others to make contact with, members of the legislature or legisla-
 35    tive committees, to influence the approval, modification or rejection  of  any
 36    legislation by the legislature of the state of Idaho or any committee thereof.
 37    Neither   "lobby"   nor   "lobbying"   includes   an  association's  or  other
 38    organization's act of communicating with the members of  that  association  or
 39    organization.
 40        (i)  "Lobbyist" includes any person who lobbies.
 41        (j)  "Lobbyist's  employer" means the person or persons by whom a lobbyist
 42    is employed, directly or indirectly, and all persons by whom he is compensated
 43    for acting as a lobbyist.
 44        (k)  "Measure" means any proposal, to be voted statewide, submitted to the
 45    people for their approval or rejection at an election, including  any  initia-
 46    tive,  referendum  or  revision  of or amendment to the state constitution. An
 47    initiative or referendum proposal shall be deemed a measure  when the attorney
 48    general reviews it and gives it a ballot title.
 49        (l)  "Nonbusiness entity" means any group (of two (2)  or  more  individu-
 50    als),  corporation,  association,  firm, partnership, committee, club or other
 51    organization which:
 52        (1)  Does not have as its principal purpose the conduct of business activ-
 53        ities for profit; and
 54        (2)  Received during the preceding calendar year contributions,  gifts  or
 55        membership fees, which in the aggregate exceeded ten percent (10%)  of its
  1        total receipts for such year.
  2        (m)  "Person"  means  an individual, corporation, association, firm, part-
  3    nership, committee, political party, club or other organization  or  group  of
  4    persons.
  5        (n)  "Political committee" means:
  6        (1)  Any person specifically designated to support or oppose any candidate
  7        or measure; or
  8        (2)  Any  person  who  receives contributions and makes expenditures in an
  9        amount exceeding five hundred dollars ($500) in any calendar year for  the
 10        purpose  of supporting or opposing one (1) or more candidates or measures.
 11        Any  entity  registered  with the federal election commission shall not be
 12        considered a political committee for purposes of this chapter.
 13        (3)  A county, district or regional committee of  a  recognized  political
 14        party  shall  not  be considered a political committee for the purposes of
 15        this chapter unless such party committee has expenditures  exceeding  five
 16        thousand dollars ($5,000) in a calendar year.
 17        (o)  "Political treasurer" means an individual appointed by a candidate or
 18    political committee as provided in section 67-6603, Idaho Code.
 19        (p)  "Public  office"  means  any state office or position, state senator,
 20    state representative, and judge of the district court that is filled by  elec-
 21    tion.
 22        SECTION  2.  An  emergency  existing  therefor,  which emergency is hereby
 23    declared to exist, this act shall be in full force and effect on and after its
 24    passage and approval.

Statement of Purpose / Fiscal Impact

                       STATEMENT OF PURPOSE

The purpose of this legislation is to further define the term
"candidate" and to stipulate that contributions received as an
incumbent candidate shall not be in excess of the prescribed
contribution limits for the subsequent election by which the
incumbent candidate's name would first appear on the ballot.

                          FISCAL IMPACT


Name: Senator Sheila Sorensen 
Phone: 332-1319

STATEMENT OF PURPOSE/FISCAL NOTE                      S 1421