TITLE 67

STATE GOVERNMENT AND STATE AFFAIRS

CHAPTER 9

SECRETARY OF STATE

67-906.  electronic filing system — requirements — rules. (1) The secretary of state may develop and implement a statewide electronic filing system to accommodate the electronic filing of records and documents that are required to be filed in the office of the secretary of state. If the secretary of state develops and implements a statewide electronic filing system under this section:

(a)  The secretary of state shall establish a central database for all records and documents filed electronically with the secretary of state;

(b)  The secretary of state may require users of the system to provide personal information, such as a user email address, physical address, or phone number, in order for the user to create an account from which the user can access the statewide electronic filing system. Such personal information gathered by the secretary of state for user account purposes shall be exempt from public disclosure as outlined in section 74-106(34), Idaho Code, except that campaign contact phone numbers for candidates or committees contained in declarations of candidacy shall be made publicly available upon request;

(c)  The secretary of state may adopt rules that:

(i)   Provide procedures for entering data;

(ii)  Provide security and protection of information in the system and monitor the database and other components of the system to ensure that unauthorized entry is prevented;

(iii) Require standardized information for entry into the system;

(iv)  Prescribe an identification procedure for a person filing records or other documents or otherwise accessing the system; and

(v)   Require each individual who is required to sign a document that is filed electronically to be specifically identified as acknowledging the document and giving assent to the electronic filing through an identification procedure unique to that individual.

(d)  All records filed and recorded in the statewide electronic filing system are subject to the same requirements as if those records had been filed in paper form, subject to the provisions of the uniform electronic transactions act, chapter 50, title 28, Idaho Code.

(2)  All persons filing records in any type of electronic filing system established by the secretary of state are subject to the same civil and criminal penalties applicable to a person who would otherwise file the same record in a nonelectronic format.

History:

[67-906, added 2017, ch. 146, sec. 1, p. 352; am. 2022, ch. 305, sec. 4, p. 966.]