Print Friendly SENATE BILL NO. 1174 – Electioneering communication, reqmt
SENATE BILL NO. 1174
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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
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.
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
]]]] 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-
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
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-
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,
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
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
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.
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-
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-
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 67-66 2830, Idaho Code, insofar as they relate to the reporting of campaign
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 67-66 2830, 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-
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 67-66 2930, 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
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.
Minimal impact to the office of the Secretary of State.
Name: Sen. Brad Little
Secretary of State, Ben Ysursa
STATEMENT OF PURPOSE/FISCAL NOTE S 1174