H 970

                    LEGISLATURE OF THE STATE OF IDAHO
 Sixty-eighth Legislature  Second Regular Session - 2026
                       IN THE HOUSE OF REPRESENTATIVES
                              HOUSE BILL NO. 970
                                   BY SCOTT
1AN ACT
2  RELATING TO CAMPAIGN DISCLOSURES; AMENDING SECTION 67-6607, IDAHO CODE, TO
3      REQUIRE CERTAIN ADDITIONAL REPORTING FOR POLITICAL COMMITTEES SUPPORT-
4      ING ANY MEASURE; AMENDING SECTION 67-6610D, IDAHO CODE, TO PROHIBIT
5      CERTAIN FOREIGN INFLUENCE OF CANDIDATES, POLITICAL COMMITTEES, AND
6      MEASURES; AMENDING CHAPTER 66, TITLE 67, IDAHO CODE, BY THE ADDITION OF
7      A NEW SECTION 67-6610E, IDAHO CODE, TO PROVIDE RESTRICTIONS ON COLLEC-
8      TION AND RELEASE OF CERTAIN DONOR INFORMATION AND TO PROVIDE A PENALTY
9      FOR VIOLATIONS; AND DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE
10     DATE.
11 Be It Enacted by the Legislature of the State of Idaho:
12     SECTION 1. That Section 67-6607, Idaho Code, be, and the same is hereby
13 amended to read as follows:
14      67-6607. REPORTS OF CONTRIBUTIONS AND EXPENDITURES BY CANDIDATES AND
15 POLITICAL COMMITTEES. (1) Each candidate or the political treasurer for each
16 candidate, and each political committee or the political treasurer of each
17 political committee, shall file with the secretary of state a statement of
18 all contributions received and all expenditures and encumbrances made by or
19 on behalf of the candidate or political committee, according to the schedule
20 provided in this section. The statement shall itemize each contribution re-
21 ceived and each expenditure or encumbrance made during the reporting period
22 and shall include the following:
23      (a) Under contributions, the statement shall include a list of all the
24      contributions received, including any funds or property of the candi-
25      date used to cover expenditures. The statement shall list the full name
26      and complete address of each person who contributed an aggregate amount
27      of more than fifty dollars ($50.00) and the amount contributed by that
28      person. The statement may list as a single item the total amount of con-
29      tributions of fifty dollars ($50.00) or less; and
30      (b) Under expenditures, the statement shall include the name and ad-
31      dress of each person to whom an expenditure or encumbrance was made in
32      the amount of twenty-five dollars ($25.00) or more, and the amount,
33      date, and purpose of each such expenditure. Each expenditure or encum-
34      brance in the amount of twenty-five dollars ($25.00) or more shall be
35      evidenced by an invoice, receipt, or canceled check or an accurate copy
36      thereof. Such evidence shall not be filed with the statement but shall
37      be retained by the committee or candidate for a period of one (1) year
38      after the statement has been filed. The statement may list as a single
39      item the total amount of expenditures and encumbrances of less than
40      twenty-five dollars ($25.00) without showing the exact amount of or re-
41      quiring evidence of each such expenditure or encumbrance. Anything of
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1value, other than money, paid for or contributed by any person shall be
2listed both as an expenditure and as a contribution.
3(2) For the first report under this section, the reporting period shall
4  cover the period beginning with the first contribution, expenditure, or en-
5  cumbrance through the end of the current reporting period. Each candidate
6  and each political committee, or the treasurer for a candidate or political
7  committee or ballot measure, shall file the report described under subsec-
8  tion (1) of this section as follows:
9(a) In the year of the election, a monthly report shall be filed for each
10      month of the year. Each report shall be filed by the tenth day of the
11      month following the month being reported; and
12      (b) For the nonelection year, an annual report covering the nonelection
13      year shall be filed by January 10 of the following year.
14      (3) Notwithstanding any other reports required under this section,
15 each candidate and each political committee, or the political treasurer for
16 each candidate and each political committee, shall notify the secretary of
17 state of any contribution of one thousand dollars ($1,000) or more. This
18 notification shall be made within forty-eight (48) hours after the receipt
19 of such contribution and shall include the name of the candidate, political
20 committee or measure, the identification of the contributor, and the date of
21 receipt and amount of the contribution. The notification shall be in addi-
22 tion to the reporting of these contributions in the regular reports.
23      (4) All reports required pursuant to this section shall be filed online
24 with the secretary of state, unless a waiver has been provided under section
25 67-6623, Idaho Code, by no later than midnight on the date the filing is due.
26      (5)(a) In the case of any political committee organized for the purpose
27      of supporting any measure, the following additional information shall
28      be included in its reports filed pursuant to subsection (2) of this sec-
29      tion:
30(i) A certification from the political treasurer of the political
31committee that no preliminary activity was funded by any foreign
32national, whether directly or indirectly; and
33(ii) A certification from the political treasurer of the politi-
34cal committee that the donor associated with each contribution is
35not a foreign national and such donor has not knowingly or will-
36fully received, solicited, or accepted, whether directly or indi-
37rectly, contributions or expenditures from one (1) or more foreign
38nationals in excess of ten thousand dollars ($10,000) within the
39four (4) year period immediately preceding the date of the contri-
40bution.
41      (b) Upon receipt of a contribution, the political treasurer of the
42      political committee shall obtain a written certification from each
43      donor that the donor is not a foreign national and has not knowingly or
44      willfully accepted funds aggregating in excess of ten thousand dollars
45      ($10,000) from one (1) or more foreign nationals within the four (4)
46      year period immediately preceding the date of the contribution. The
47      donor certifications shall be retained by the committee but are not
48      required to be filed with the political treasurer certifications re-
49      quired by paragraph (a) of this subsection. If the committee does not
50      receive this certification from each donor, the contribution shall be
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1divested in the same manner as unlawful contributions pursuant to sec-
2tion 67-6610(b), Idaho Code.
3(6) Each person, or political treasurer of any entity, who makes any ex-
4  penditure supporting or opposing any measure shall certify that such person
5  has not knowingly or willfully accepted funds aggregating in excess of ten
6  thousand dollars ($10,000) from one (1) or more foreign nationals within the
7  four (4) year period immediately preceding the date the expenditure is made
8  and that such person will not do so through the remainder of the calendar year
9  in which the ballot initiative or referendum will appear on the ballot.
10      (7) For the purposes of this section:
11      (a) "Foreign national" has the same meaning as defined in section
12      67-6610D, Idaho Code.
13      (b) "Preliminary activity" means any activity undertaken by the propo-
14      nents of a proposed measure prior to the time such proposal is deemed a
15      measure pursuant to the provisions of section 67-6602(11), Idaho Code.
16      Such activity includes but is not limited to conducting a poll, draft-
17      ing ballot measure language, conducting a focus group, making telephone
18      calls, or undertaking travel related to the proposed measure.
19      (5) (8) Reports required to be filed under the provisions of this sec-
20 tion shall be filed until the account no longer shows any unexpended balance
21 of contributions or expenditure deficit.
22     SECTION 2. That Section 67-6610D, Idaho Code, be, and the same is hereby
23 amended to read as follows:
24     67-6610D. FOREIGN CONTRIBUTIONS, FOREIGN INDEPENDENT EXPENDITURES,
25 AND FOREIGN ELECTIONEERING COMMUNICATIONS, AND FOREIGN INFLUENCE PROHIB-
26 ITED.
27     (1)(a) A Except as provided in paragraph (b) of this subsection, a for-
28     eign national shall not make a contribution, directly or indirectly, to
29     any candidate, political committee, or measure or, make electioneer-
30     ing communications or, make independent expenditures, or direct, dic-
31     tate, control, or directly or indirectly participate in the decision-
32     making process related to any election campaign, including any deci-
33     sions concerning the making of contributions or expenditures to influ-
34     ence an election campaign. A foreign national shall not solicit, di-
35     rectly or indirectly, the making of a contribution or expenditure by an-
36     other person to influence an election campaign, and no candidate or po-
37     litical committee shall knowingly or willfully receive, solicit, or ac-
38     cept contributions from any foreign national, whether directly or indi-
39     rectly.
40     (b) A foreign national, pursuant to subsection (2)(e) of this section,
41     may make contributions and independent expenditures if such contri-
42     butions or expenditures originate entirely from funds generated by
43     such entity's United States operations and all decisions concerning
44     such contributions or expenditures, except for setting overall budget
45     amounts, are made by individuals who are United States citizens or per-
46     manent residents.
47     (2) As used in this section, "foreign national" means:
48     (a) An individual who is not a citizen of the United States and is not
49     lawfully admitted for permanent residence;
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1(b) A government or subdivision of a foreign country;
2(c) A foreign political party; or
3(d) Any entity, such as a partnership, association, corporation, or-
4ganization, union, or other combination of persons, that is organized
5under the laws of or has its principal place of business in a foreign
6country.; or
7(e) Any entity, such as a partnership, association, corporation, or-
8ganization, union, or other combination of persons, that is organized
9under the laws of the United States or has its principal place of busi-
10      ness in the United States that is wholly owned or majority-owned by any
11      foreign national.
12      (3) A violation of the provisions of this section shall be prosecuted
13 and punished as provided in section 67-6625(2) through (5), Idaho Code. Pro-
14 vided, however, any person who knowingly and willfully violates the provi-
15 sions of this section is guilty of a felony when:
16      (a) The aggregate amount of contributions, independent expenditures,
17      or cost of electioneering communications made in violation of this sec-
18      tion exceeds one thousand dollars ($1,000) in a consecutive twelve (12)
19      month period; or
20      (b) The person pleads guilty to or is found guilty of a knowing and will-
21      ful violation of the provisions of this section for a second time within
22      ten (10) years, notwithstanding the form of the judgment or withheld
23      judgment.
24      (4) If any provision of this section or its application to any person or
25 circumstance is held invalid, the remainder of the section or the applica-
26 tion of the provision to other persons or circumstances is not affected.
27     SECTION 3. That Chapter 66, Title 67, Idaho Code, be, and the same is
28 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
29 ignated as Section 67-6610E, Idaho Code, and to read as follows:
30      67-6610E. RESTRICTIONS ON COLLECTION AND RELEASE OF DONOR INFORMATION
31 -- PENALTY. (1) Lawful donors to a tax-exempt organization possess a right
32 of privacy in their donations. Any investigation of an alleged violation of
33 section 67-6607 or 67-6610D, Idaho Code, must occur in a manner that shields
34 the identity of lawful donors as much as possible. The secretary of state,
35 county clerks, and other state or local governmental entities may not col-
36 lect or require the submission of information on the identity of any donor
37 to a tax-exempt organization other than those directly related to an alleged
38 violation of section 67-6607 or 67-6610D, Idaho Code.
39      (2) The secretary of state, county clerks, and other state or local gov-
40 ernmental entities may not disclose to the public, or to another government
41 official not directly involved in the investigation, information revealing
42 the identity of any donor to a tax-exempt organization, unless the informa-
43 tion is regarding the identity of a donor that engaged in conduct prohibited
44 by section 67-6607 or 67-6610D, Idaho Code, after a final determination has
45 been made confirming that such violation occurred.
46      (3) Knowing or willful violations of this section shall be punishable
47 as a misdemeanor.
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1     SECTION 4. An emergency existing therefor, which emergency is hereby
2 declared to exist, this act shall be in full force and effect on and after
3 July 1, 2026.