S 1449

                    LEGISLATURE OF THE STATE OF IDAHO
 Sixty-eighth Legislature  Second Regular Session - 2026
                                 IN THE SENATE
                             SENATE BILL NO. 1449
                          BY STATE AFFAIRS COMMITTEE
1AN ACT
2  RELATING TO ELECTIONS; AMENDING SECTION 34-1807, IDAHO CODE, TO REVISE PRO-
3      VISIONS REGARDING THE CIRCULATION OF PETITIONS, TO REVISE PROVISIONS
4      REGARDING SIGNATURE GATHERERS, AND TO MAKE TECHNICAL CORRECTIONS;
5      AMENDING CHAPTER 66, TITLE 67, IDAHO CODE, BY THE ADDITION OF A NEW
6      SECTION 67-6628B, IDAHO CODE, TO PROVIDE CERTAIN REQUIREMENTS FOR PER-
7      SONS ENGAGED IN PAID IN-PERSON CANVASSING ACTIVITIES; AMENDING SECTION
8      67-6625, IDAHO CODE, TO PROVIDE A CODE REFERENCE; PROVIDING SEVERABIL-
9      ITY; AND DECLARING AN EMERGENCY.
10 Be It Enacted by the Legislature of the State of Idaho:
11     SECTION 1. That Section 34-1807, Idaho Code, be, and the same is hereby
12 amended to read as follows:
13      34-1807. CIRCULATION OF PETITIONS -- PAID SIGNATURE GATHERERS --
14 VERIFICATION OF PETITION AND SIGNATURE SHEETS -- CERTIFICATION OF PETITION
15 SIGNERS -- CERTAIN PETITIONS AND SIGNATURES VOID. (1) Any person who circu-
16 lates any petition for an initiative or referendum shall be a resident of the
17 state of Idaho and at least eighteen (18) years of age and shall comply with
18 all provisions of section 67-6628B, Idaho Code, in the course of circulating
19 any such petition.
20      (2)(a) Any person who accepts payment to circulate a petition for an
21      initiative or referendum shall, prior to accepting a signature:
22(i) Verbally notify any potential signatory that such person is
23accepting payment to gather signatures and provide the name of the
24person or entity providing payment to such person; and
25(ii) Cause to be printed on each page of any petition for an ini-
26tiative or referendum a prominent and legible declaration that
27such person is receiving payment in exchange for circulating the
28petition and the name of the person providing payment to such per-
29son.
30      (b) At all times a person is circulating a petition pursuant to para-
31      graph (a) of this subsection, such person shall wear a badge that is
32      clearly visible to any potential signatory and that contains the words
33      "paid petition circulator" on it .
34      (c) The Idaho secretary of state shall promulgate rules to implement
35      the provisions of this subsection, which shall provide details re-
36      garding the font specifications that shall be required for the printed
37      declaration required under paragraph (a)(ii) of this subsection and the
38      specifications regarding font, shape, color, and size requirements for
39      the badge required under paragraph (b) of this subsection.
40      (3) (2) Each and every sheet of every such petition for an initiative
41 or referendum containing signatures shall be verified on the face thereof in
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1  substantially the following form, by the person who circulated said sheet of
2  said petition, by his or her affidavit thereon, and as a part thereof:
3      (a) For persons not accepting payment for circulating a petition:
4  State of Idaho  )
5)ss.
6  County of....  )
7I,...., being first duly sworn, say that I am a resident of the State of
8  Idaho and at least eighteen (18) years of age; that I have not and will not
9  accept remuneration in any way related to the petition; that every person who
10 signed this sheet of the foregoing petition signed his or her name thereto in
11 my presence; that I believe that each has stated his or her name, address and
12 residence correctly; and that each signer is a qualified elector of the State
13 of Idaho and a resident of the county of.....
14Signed .................................
15Post office address .....................
16 Subscribed and sworn to before me this.... day of.....
17 (Notary Seal)  Notary Public ..........................
18Residing at ............................
19     (b) For persons accepting payment for circulating a petition:
20 State of Idaho  )
21)ss.
22 County of....  )
23      I,...., being first duly sworn, say that I am a resident of the state
24 State of Idaho and at least eighteen (18) years of age; that every person who
25 signed this sheet of the foregoing petition signed his or her name thereto in
26 my presence, after I verbally notified each individual signer that I will re-
27 ceive payment in exchange for gathering the signatures on this sheet; that
28 I believe that each has stated his or her name, address and residence cor-
29 rectly; and that each signer is a qualified elector of the State of Idaho and
30 a resident of the county of.....
31      I am accepting payment for the circulation of the foregoing petition
32 by.... and the address of such payor is.....
33Signed .................................
34Post office address .....................
35 Subscribed and sworn to before me this.... day of.....
36 (Notary Seal)  Notary Public ..........................
37Residing at ............................
38      (4) (3) In addition to said affidavit, the county clerk shall carefully
39 examine said petitions and strike from the petition any names for which he
40 has determined that the name, address, or signature do not match and confirm
41 that each name, address, and signature matches those of a qualified elector
42 of the proper jurisdiction and that the petitions conform to all other provi-
43 sions of this section. The county clerk shall attach to the signature sheets
44 a certificate to the secretary of state substantially as follows:
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1  State of Idaho        )
2)ss.
3  County of....  )
4      To the Honorable...., Secretary of State for the State of Idaho:
5  I,...., County Clerk of.... County, hereby certify that.... signatures on
6  this petition are those of qualified electors in Legislative District Num-
7  ber.....
8Signed .................................
9County Clerk or Deputy.
10 (Seal of office)
11      (5) (4) The county clerk shall deliver the petition or any part thereof
12 to the person from whom he received it with his certificate attached thereto
13 as above provided. The forms herein given are not mandatory and if substan-
14 tially followed in any petition, it shall be sufficient, disregarding cleri-
15 cal and merely technical error.
16      (6) (5) Any petition on which signatures are obtained by a person not a
17 resident of the state of Idaho and at least eighteen (18) years of age shall
18 be void. The definition of resident in section 34-107, Idaho Code, shall ap-
19 ply to the circulators of initiative and referendum petitions.
20      (7) (6) Any signature that is not a physical signature, including an
21 electronic signature, is void.
22      (8) (7) Any petition for an initiative or referendum on which signa-
23 tures are obtained that is circulated in violation of the disclosure provi-
24 sions provided in subsection (2) of this section 67-6628B, Idaho Code, is
25 void.
26     SECTION 2. That Chapter 66, Title 67, Idaho Code, be, and the same is
27 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
28 ignated as Section 67-6628B, Idaho Code, and to read as follows:
29      67-6628B. PAID IN-PERSON CANVASSING ACTIVITIES -- DISCLOSURES. (1)
30 For the purposes of this section:
31      (a) "Paid in-person canvassing activities" means canvassing activi-
32      ties performed by an individual who accepts financial compensation for
33      the purpose of influencing how a person votes, including but not limited
34      to circulating any petition for an initiative or referendum; soliciting
35      personal residences or public locations to communicate with or distrib-
36      ute materials to possible voters about political candidates or ballot
37      measures; conducting in-person get-out-the-vote efforts in relation to
38      any candidate or ballot measure; and any other direct, in-person con-
39      tact or interaction intended to affect an individual's electoral par-
40      ticipation or preferences.
41      (b) "Phone banking activities" means any organized outreach activity
42      in which telephone calls are made to Idaho qualified electors for the
43      purpose of persuading such electors to vote or to vote in a particular
44      manner, providing information to such electors regarding an election or
45      voting, or mobilizing such electors to vote.
46      (2) Persons who engage in any paid in-person canvassing activities
47 shall:
48      (a) Be a resident of the state of Idaho;
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1      (b) Verbally notify any person with whom they communicate that they are
2      being compensated to perform paid in-person canvassing activities and
3      provide the name of the persons or entities providing payment to such
4      person; and
5      (c) At all times, while engaging in paid in-person canvassing activi-
6      ties, wear a badge that is clearly visible to any person with whom they
7      intend to communicate with that contains the words "paid political ad-
8      vocate" as well as the name of the persons or entities providing payment
9      to such person.
10     (3) The Idaho secretary of state may promulgate rules to implement the
11 provisions of this section, including specifications regarding font, shape,
12 color, and size requirements for the badge required pursuant to subsection
13 (2)(c) of this section.
14     (4) The provisions of this section shall not apply to:
15     (a) Volunteers acting without compensation or reimbursement beyond in-
16     cidental expenses;
17     (b) Individuals whose paid in-person canvassing activities are inci-
18     dental to broader campaign employment responsibilities;
19     (c) Phone banking activities; or
20     (d) Candidates engaged in in-person canvassing activities for their
21     own election campaign.
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 -- PROSECU-
25 TION -- LIMITATION -- VENUE. (1) Any person who violates the provisions of
26 sections 67-6603, 67-6604, 67-6606 through 67-6614A, 67-6624, 67-6627 or,
27 67-6628, or 67-6628B, Idaho Code, shall be liable for a civil fine not to ex-
28 ceed two hundred fifty dollars ($250) if an individual, and not more than two
29 thousand five hundred dollars ($2,500) if a person other than an individual.
30 The burden of proof for such civil liability shall be met by showing a prepon-
31 derance of the evidence.
32      (2) Any person who violates section 67-6605, Idaho Code, and any per-
33 son who knowingly and willfully violates sections 67-6603 through 67-6614A,
34 67-6624, 67-6627 or, 67-6628, or 67-6628B, Idaho Code, is guilty of a misde-
35 meanor and, upon conviction, in addition to the fines set forth in subsection
36 (1) of this section, may be imprisoned for not more than six (6) months or be
37 both fined and imprisoned.
38      (3) The attorney general or the appropriate prosecuting attorney may
39 prosecute any violations of this chapter.
40      (4) Prosecution for a civil or misdemeanor violation of this chapter
41 must be commenced within two (2) years after the date on which the violation
42 occurred. Prosecution for a felony violation of this chapter must be com-
43 menced pursuant to the provisions of section 19-402, Idaho Code.
44      (5) Venue for prosecution under the provisions of this chapter shall be
45 in the county of residence of the defendant if the defendant is a resident of
46 the state of Idaho, otherwise venue shall be in Ada county.
47      SECTION 4. SEVERABILITY. The provisions of this act are hereby declared
48 to be severable and if any provision of this act or the application of such
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1 provision to any person or circumstance is declared invalid for any reason,
2 such declaration shall not affect the validity of the remaining portions of
3 this act.
4     SECTION 5. An emergency existing therefor, which emergency is hereby
5 declared to exist, this act shall be in full force and effect on and after its
6 passage and approval.