2005 Legislation
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SENATE BILL NO. 1174 – Electioneering communication, reqmt

SENATE BILL NO. 1174

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Bill Status



S1174......................................................by STATE AFFAIRS
ELECTIONEERING COMMUNICATION - Amends and adds to existing law to provide a
definition of "electioneering communication"; to provide requirements for
persons who conduct or transmit any electioneering communication; to
provide requirements for statements filed with the Secretary of State; and
to provide civil penalties and misdemeanor penalties for failing to report
electioneering communication in compliance with law.
                                                                        
03/03    Senate intro - 1st rdg - to printing
03/04    Rpt prt - to St Aff
03/15    Rpt out - rec d/p - to 2nd rdg
03/16    2nd rdg - to 3rd rdg
03/18    3rd rdg - PASSED - 34-0-0, 1 vacancy
      AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
      Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
      Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst,
      Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce, Richardson,
      Schroeder, Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- (District 21 seat vacant)
    Floor Sponsor - Little
    Title apvd - to House
03/21    House intro - 1st rdg - to St Aff
03/22    Rpt out - rec d/p - to 2nd rdg
03/23    2nd rdg - to 3rd rdg
    Rls susp
03/24    PASSED - 64-4-2
      AYES -- Anderson, Andrus, Barraclough, Bastian, Bayer, Bedke, Bell,
      Bilbao, Black, Block, Boe, Bolz, Bradford, Cannon, Chadderdon, Clark,
      Collins, Deal, Denney, Edmunson(Barker), Eskridge, Field(18),
      Field(23), Garrett, Harwood, Henbest, Henderson, Jaquet, Jones, Kemp,
      Lake, LeFavour, Loertscher, Martinez, Mathews, McGeachin, Miller,
      Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould,
      Ring, Ringo, Roberts, Rusche, Rydalch, Sali, Sayler, Schaefer,
      Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30),
      Smith(24)(Frost), Smylie, Snodgrass, Stevenson, Trail, Wills, Mr.
      Speaker
      NAYS -- Barrett, Hart, McKague, Wood
      Absent and excused -- Crow, Ellsworth
    Floor Sponsor - Miller
    Title apvd - to Senate
03/25    To enrol
03/29    Rpt enrol - Pres signed
03/30    Sp signed - To Governor
04/05    Governor signed
         Session Law Chapter 254
         Effective: 07/01/05

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1174
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE STATE CAMPAIGN FINANCE AND  REPORTING  LAW;  AMENDING  SECTION
  3        67-6602, IDAHO CODE, TO PROVIDE A DEFINITION OF "ELECTIONEERING COMMUNICA-
  4        TION"; AMENDING CHAPTER 66, TITLE 67, IDAHO CODE, BY THE ADDITION OF A NEW
  5        SECTION  67-6630, IDAHO CODE, TO PROVIDE REQUIREMENTS FOR PERSONS WHO CON-
  6        DUCT OR TRANSMIT ANY ELECTIONEERING COMMUNICATION AND TO PROVIDE  REQUIRE-
  7        MENTS  FOR  STATEMENTS FILED WITH THE SECRETARY OF STATE; AMENDING SECTION
  8        67-6625, IDAHO CODE, TO PROVIDE CIVIL PENALTIES AND  MISDEMEANOR PENALTIES
  9        FOR FAILING TO REPORT ELECTIONEERING  COMMUNICATIONS  IN  COMPLIANCE  WITH
 10        LAW;  AMENDING SECTION 31-2012, IDAHO CODE, TO PROVIDE A CORRECT STATUTORY
 11        REFERENCE; AMENDING SECTION 50-477, IDAHO CODE, TO PROVIDE A CORRECT STAT-
 12        UTORY REFERENCE; AND AMENDING SECTION 1-2220A, IDAHO CODE,  TO  PROVIDE  A
 13        CORRECT STATUTORY REFERENCE AND TO MAKE A TECHNICAL CORRECTION.
                                                                        
 14    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 15        SECTION  1.  That  Section 67-6602, Idaho Code, be, and the same is hereby
 16    amended to read as follows:
                                                                        
 17        67-6602.  DEFINITIONS. As used in this chapter, the following  terms  have
 18    the following meanings:
 19        (a)  "Candidate"  means  an individual who has taken affirmative action to
 20    seek nomination or election to public office. An individual shall be deemed to
 21    have taken affirmative action to seek such nomination or  election  to  public
 22    office when he first:
 23        (1)  Receives  contributions  or  makes  expenditures or reserves space or
 24        facilities with intent to promote his candidacy for office; or
 25        (2)  Announces publicly or files for office.
 26        (3)  For purposes of this chapter, an incumbent shall be presumed to be  a
 27        candidate  in the subsequent election for his or her office. Contributions
 28        received by an incumbent candidate shall not be  in  excess  of  the  pre-
 29        scribed  contribution  limits  for  the  subsequent  election by which the
 30        incumbent candidate's name would first appear on the ballot. An  incumbent
 31        shall  no  longer  be a candidate for his or her office after the deadline
 32        for the filing of a declaration of candidacy to first appear on the ballot
 33        for that office has expired.
 34        (b)  "Compensation"  includes  any  advance,  conveyance,  forgiveness  of
 35    indebtedness, deposit, distribution, loan, payment, gift, pledge  or  transfer
 36    of  money  or anything of value, and any contract, agreement, promise or other
 37    obligation, whether or not legally enforceable, to do any  of  the  foregoing,
 38    for services rendered or to be rendered, but does not include reimbursement of
 39    expenses  if  such  reimbursement does not exceed the amount actually expended
 40    for such expenses and is substantiated by an itemization of such expenses.
 41        (c)  "Contribution"  includes  any  advance,  conveyance,  forgiveness  of
 42    indebtedness, deposit, distribution, loan, payment, gift, pledge, subscription
 43    or transfer of money or anything of value, and any contract, agreement,  prom-
                                                                        
                                           2
                                                                        
  1    ise or other obligation, whether or not legally enforceable, to make a contri-
  2    bution,  in  support of or in opposition to any candidate, political committee
  3    or measure. Such term also includes personal funds or other property of a can-
  4    didate or members of his household expended or transferred to  cover  expendi-
  5    tures  incurred  in  support  of  such candidate but does not include personal
  6    funds used to pay the candidate filing fee. Such term also includes  the  ren-
  7    dering  of  personal  and  professional services for  less than full consider-
  8    ation, but does not include ordinary home  hospitality  or  the  rendering  of
  9    "part-time" personal services of the sort commonly performed by volunteer cam-
 10    paign  workers or advisors or incidental expenses not in excess of twenty-five
 11    dollars ($25.00)  personally  paid  for  by  any  volunteer  campaign  worker.
 12    "Part-time"  services  for  the purposes of this definition, means services in
 13    addition to regular full-time employment, or, in the  case  of  an  unemployed
 14    person  or  persons engaged in part-time employment, services rendered without
 15    compensation or reimbursement of expenses from any source other than the  can-
 16    didate  or  political  committee  for whom such services are rendered. For the
 17    purposes of this act, contributions, other than money or its equivalents shall
 18    be deemed to have a money value equivalent to the fair  market  value  of  the
 19    contribution.
 20        (d)  "Election" means any general, special or primary election.
 21        (e)  "Election campaign" means any campaign in support of or in opposition
 22    to  a  candidate for election to public office and any campaign in support of,
 23    or in opposition to, a measure.
 24        (f)  (1) "Electioneering communication" means any communication  broadcast
 25        by television or radio, printed in a newspaper or on a billboard, directly
 26        mailed  or  delivered  by  hand to personal residences, or telephone calls
 27        made to personal residences, or otherwise distributed that:
 28             (i)   Unambiguously refers to any candidate; and
 29             (ii)  Is broadcasted, printed, mailed, delivered, made or distributed
 30             within thirty (30) days before a primary election or sixty (60)  days
 31             before a general election; and
 32             (iii) Is  broadcasted  to,  printed  in  a newspaper, distributed to,
 33             mailed to or delivered by hand to, telephone calls made to, or other-
 34             wise distributed to an audience that includes members of the elector-
 35             ate for such public office.
 36        (2)  "Electioneering communication" does not include:
 37             (i)   Any news articles, editorial endorsements, opinion  or  commen-
 38             tary, writings, or letter to the editor printed in a newspaper, maga-
 39             zine,  or  other periodical not owned or controlled by a candidate or
 40             political party;
 41             (ii)  Any editorial endorsements or opinions  aired  by  a  broadcast
 42             facility not owned or controlled by a candidate or political party;
 43             (iii) Any  communication  by  persons  made in the regular course and
 44             scope of their business or any communication  made  by  a  membership
 45             organization  solely  to members of such organization and their fami-
 46             lies;
 47             (iv)  Any communication which refers to any candidate only as part of
 48             the popular name of a bill or statute;
 49             (v)   A communication which constitutes an expenditure or an indepen-
 50             dent expenditure under this chapter.
 51        (g)  "Expenditure" includes any payment, contribution, subscription,  dis-
 52    tribution,  loan, advance, deposit, or gift of money or anything of value, and
 53    includes a contract, promise, or agreement, whether or  not  legally  enforce-
 54    able,  to  make an expenditure. The term "expenditure" also includes a promise
 55    to pay, a payment or a transfer of anything of value in  exchange  for  goods,
                                                                        
                                           3
                                                                        
  1    services, property, facilities or anything of value for the purpose of assist-
  2    ing,  benefiting or honoring any public official or candidate, or assisting in
  3    furthering or opposing any election campaign.
  4        (gh)  "Independent expenditure" means any expenditure by a  person  for  a
  5    communication  expressly  advocating  the  election,  passage  or  defeat of a
  6    clearly identified candidate or measure that is not made with the  cooperation
  7    or  with  the prior consent of, or in consultation with, or at the consent of,
  8    or in consultation with, or at the request of a suggestion of, a candidate  or
  9    any agent or authorized committee of the candidate or political committee sup-
 10    porting    or opposing a measure. As used in this subsection, "expressly advo-
 11    cating" means any communication containing a message advocating election, pas-
 12    sage or defeat including, but not limited to, the name  of  the  candidate  or
 13    measure, or expression such as "vote for," "elect," "support," "cast your bal-
 14    lot for," "vote against," "defeat" or "reject."
 15        (hi)  "Lobby"  and "lobbying" each means attempting through contacts with,
 16    or causing others to make contact with, members of the legislature or legisla-
 17    tive committees, to influence the approval, modification or rejection  of  any
 18    legislation by the legislature of the state of Idaho or any committee thereof.
 19    Neither   "lobby"   nor   "lobbying"   includes   an  association's  or  other
 20    organization's act of communicating with the members of  that  association  or
 21    organization.
 22        (ij)  "Lobbyist" includes any person who lobbies.
 23        (jk)  "Lobbyist's employer" means the person or persons by whom a lobbyist
 24    is employed, directly or indirectly, and all persons by whom he is compensated
 25    for acting as a lobbyist.
 26        (kl)  "Measure"  means  any  proposal, to be voted statewide, submitted to
 27    the people for their approval or rejection at an election, including any  ini-
 28    tiative,  referendum or revision of or amendment to the state constitution. An
 29    initiative or referendum proposal shall be deemed a measure  when the attorney
 30    general reviews it and gives it a ballot title.
 31        (lm)  "Nonbusiness entity" means any group (of two (2) or  more  individu-
 32    als),  corporation,  association,  firm, partnership, committee, club or other
 33    organization which:
 34        (1)  Does not have as its principal purpose the conduct of business activ-
 35        ities for profit; and
 36        (2)  Received during the preceding calendar year contributions,  gifts  or
 37        membership fees, which in the aggregate exceeded ten percent (10%)  of its
 38        total receipts for such year.
 39        (mn)  "Person"  means an individual, corporation, association, firm, part-
 40    nership, committee, political party, club or other organization  or  group  of
 41    persons.
 42        (no)  "Political committee" means:
 43        (1)  Any person specifically designated to support or oppose any candidate
 44        or measure; or
 45        (2)  Any  person  who  receives contributions and makes expenditures in an
 46        amount exceeding five hundred dollars ($500) in any calendar year for  the
 47        purpose  of supporting or opposing one (1) or more candidates or measures.
 48        Any entity registered with the federal election commission  shall  not  be
 49        considered a political committee for purposes of this chapter.
 50        (3)  A  county,  district  or regional committee of a recognized political
 51        party shall not be considered a political committee for  the  purposes  of
 52        this  chapter  unless such party committee has expenditures exceeding five
 53        thousand dollars ($5,000) in a calendar year.
 54        (op)  "Political treasurer" means an individual appointed by  a  candidate
 55    or political committee as provided in section 67-6603, Idaho Code.
                                                                        
                                           4
                                                                        
  1        (pq)  "Public  office"  means any state office or position, state senator,
  2    state representative, and judge of the district court that is filled by  elec-
  3    tion.
                                                                        
  4        SECTION  2.  That  Chapter  66,  Title 67, Idaho Code, be, and the same is
  5    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
  6    ignated as Section 67-6630, Idaho Code, and to read as follows:
                                                                        
  7        67-6630.  ELECTIONEERING  COMMUNICATIONS -- STATEMENTS. (1) Any person who
  8    conducts or transmits any electioneering communication shall  be  required  to
  9    file  a  statement  on a form provided by the secretary of state.  Contents of
 10    the statement shall include the amount spent on such communications, the  name
 11    and address of the person, and the names and addresses of any persons who con-
 12    tribute  fifty  dollars  ($50.00) or more to any person described in this sec-
 13    tion.
 14        (2)  Any person that incurs costs in excess of one hundred dollars  ($100)
 15    when  making  an electioneering communication shall file a statement in accor-
 16    dance with the time limits established by section 67-6611(2), Idaho Code.
 17        (3)  In addition to the requirements of subsection (2)  of  this  section,
 18    any  person  that  incurs costs of one thousand dollars ($1,000) or more  when
 19    making an electioneering communication shall file a statement as  provided  in
 20    subsection  (1) of this section within forty-eight (48) hours of incurring the
 21    costs for such communication.
                                                                        
 22        SECTION 3.  That Section 67-6625, Idaho Code, be, and the same  is  hereby
 23    amended to read as follows:
                                                                        
 24        67-6625.  VIOLATIONS  --  CIVIL FINE -- MISDEMEANOR PENALTY -- PROSECUTION
 25    -- LIMITATION -- VENUE. (a) Any person who violates the provisions of  section
 26    67-6603  through  67-6614A, 67-6617, 67-6619, 67-6620, 67-6621(a), 67-6624, or
 27    67-6629 or 67-6630, Idaho Code, shall be liable for a civil fine not to exceed
 28    two hundred fifty dollars ($250) if an individual, and not more than two thou-
 29    sand five hundred dollars ($2,500) if a person other than an  individual.  The
 30    burden  of proof for such civil liability shall be met by showing a preponder-
 31    ance of the evidence.
 32        (b)  Any person who violates section 67-6605 or  67-6621(b),  Idaho  Code,
 33    and  any  person  who knowingly and willfully violates section 67-6603 through
 34    67-6614A, 67-6617,  67-6619,  67-6620,  67-6621(a),  67-6624,  or  67-6629  or
 35    67-6630, Idaho Code, is guilty of a misdemeanor and, upon conviction, in addi-
 36    tion  to the fines set forth in subsection (a) of this section, may be impris-
 37    oned for not more than six (6) months or be both fined and imprisoned.
 38        (c)  The attorney general or  the  appropriate  prosecuting  attorney  may
 39    prosecute any violations of this act.
 40        (d)  Prosecution  for  violation  of this act must be commenced within two
 41    (2) years after the date on which the violation occurred.
 42        (e)  Venue for prosecution under the provisions of this chapter  shall  be
 43    in  the county of residence of the defendant if the defendant is a resident of
 44    the state of Idaho, otherwise venue shall be in Ada county.
                                                                        
 45        SECTION 4.  That Section 31-2012, Idaho Code, be, and the same  is  hereby
 46    amended to read as follows:
                                                                        
 47        31-2012.  APPLICATION  OF  CAMPAIGN  REPORTING LAW TO CERTAIN COUNTY ELEC-
 48    TIONS. The provisions of sections 67-6601 through 67-6616 and 67-6623  through
 49    67-662830,  Idaho  Code,  insofar  as they relate to the reporting of campaign
                                                                        
                                           5
                                                                        
  1    contributions and expenditures are hereby made applicable to all elections for
  2    county elected officers in counties of the state, except that the clerk of the
  3    district court shall stand in place of the secretary of state.
                                                                        
  4        SECTION 5.  That Section 50-477, Idaho Code, be, and the  same  is  hereby
  5    amended to read as follows:
                                                                        
  6        50-477.  APPLICATION  OF  CAMPAIGN EXPENDITURES REPORTING LAW TO ELECTIONS
  7    IN CERTAIN CITIES. The provisions of  sections  67-6601  through  67-6616  and
  8    67-6623 through 67-662830, Idaho Code, insofar as they relate to the reporting
  9    of  campaign  contributions,  are  hereby made applicable to all elections for
 10    mayor, councilman and citywide measures in cities of five thousand (5,000)  or
 11    more population, except that the city clerk shall stand in place of the secre-
 12    tary of state, and the city attorney shall stand in place of the attorney gen-
 13    eral.
                                                                        
 14        SECTION  6.  That  Section 1-2220A, Idaho Code, be, and the same is hereby
 15    amended to read as follows:
                                                                        
 16        1-2220A.  REPORTING OF CAMPAIGN CONTRIBUTIONS AND EXPENDITURES  --  MAGIS-
 17    TRATE RETENTION ELECTIONS. The provisions of sections 67-6601 through 67-6616,
 18    Idaho  Code,  and  sections  67-6623 through 67-662930, Idaho Code, insofar as
 19    they relate to the reporting of campaign contributions and  expenditures,  are
 20    hereby made applicable to all magistrate retention elections except that, with
 21    the  exception  of  section  67-6623(f), Idaho Code, the clerk of the district
 22    court shall stand in place of the secretary of state as it relates to the pro-
 23    visions cited in this section.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                            RS 15032c3

The purpose of this legislation is to amend the "Sunshine Law" to
provide for disclosure of those responsible for "electioneering
communications", similar to existing sunshine laws for
candidates.  Electioneering communications are those
communications which are not express advocacy and therefore have
previously been exempt from any disclosure requirement.  This
bill provides for a definition of electioneering communications,
(comparable to federal law) which basically states that
communications which reference a candidate 30 days before a
primary or 60 days before a general election must be identified
and disclosed.  This legislation does not prohibit electioneering
communications but simply provides for their disclosure.    


                           FISCAL NOTE

Minimal impact to the office of the Secretary of State.



Contact:
Name:  Sen. Brad Little 
Phone: 332-1303
       Secretary of State, Ben Ysursa
       334-2300



STATEMENT OF PURPOSE/FISCAL NOTE                     S 1174