TITLE 74

TRANSPARENT AND ETHICAL GOVERNMENT

CHAPTER 6

PUBLIC INTEGRITY IN ELECTIONS ACT

74-605.  EXCLUSIONS. Nothing in this chapter shall prohibit:

(1)  A public official or employee from speaking, campaigning, contributing personal money or otherwise exercising the public official’s or employee’s individual first amendment rights for political purposes, provided no public funds are used for expenditures supporting the public official or employee in such activity;

(2)  A public entity, public official or employee from the neutral encouragement of voters to vote;

(3)  An elected official or employee from personally campaigning or advocating for or against a ballot measure, provided no public funds, property or resources are used for supporting the elected official or employee in such activity except as provided in subsection (4) of this section;

(4)  An elected and currently serving Idaho legislator personally making use of public property or resources for the sole purpose of advocating for or against an initiative or referendum, provided the use shall only apply to the legislator’s use of public property or resources for communication with the public using electronic or traditional physical correspondence or the use of any portion of any media initially produced using public property or resources from recordings of the legislature or any legislative committees, and provided the use does not apply to any travel-related expenses or any advocacy for or against a candidate;

(5)  A public entity from preparing and distributing to electors an objective statement explaining the purpose and effect of the ballot measure, including in the case of bond or levy elections the cost per taxpayer or taxable value, or similar information based on reasonable estimates prepared in good faith;

(6)  The formulation and publication of statements regarding proposed amendments to the state constitution, as authorized by section 67-453, Idaho Code;

(7)  The publication of information described in sections 34-913, 34-914, and 34-1406, Idaho Code, as applicable, or other provisions of law requiring notices and disclosures in connection with elections and ballot measures; or

(8)  A balanced student classroom discussion or debate of current or pending election issues.

History:

[74-605, added 2018, ch. 260, sec. 1, p. 617; am. 2021, ch. 288, sec. 6, p. 866; am. 2024, ch. 268, sec. 2, p. 931.]