As Idaho starts its primary election season, many people become interested in the laws which pertain to political campaigning and advertising. This page is included on the prosecutor's web site to allow people to obtain quick access to those laws. The focus of this page will be on laws candidates must comply with as they campaign and laws governing voting. No attempt has been made to address the legal qualifications for each of the elected offices.
OFFICIALS WHO OVERSEE THE ELECTION PROCESS
The election process is primarily overseen by the County Clerk and the Idaho Secretary of State. These two officials are primarily responsible for ensuring that the various filing requirements are met and provide information to the candidates about their various obligations.
The Secretary of State has a web page dedicated to election information. It can be viewed at the Secretary of State's Election Division Web Page. The Secretary of State's web page includes campaign finance information, an election calendar with important deadlines, and various publications and document links.
CAMPAIGN FINANCE AND LOBBYIST LAWS
(SUNSHINE LAWS)
Idaho has legislation regarding financial contributions to election campaigns and lobbying activities. These statutes are found at Title 67, Chapter 66, of the Idaho Code. These laws are frequently referred to as "Sunshine Laws," because they are intended to shed light on where candidates are receiving their financial backing and people's lobbying activities. Violations of these laws are misdemeanors. You can read these statutes by clicking the number next to statute title listed below.
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67-6601 PURPOSE OF ACT |
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67-6602 DEFINITIONS |
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67-6603 APPOINTMENT OF POLITICAL TREASURER |
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67-6604 ACCOUNTS OF POLITICAL TREASURER |
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67-6605 CONTRIBUTIONS OBTAINED BY A POLITICAL COMMITTEE |
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67-6606 EXPENDITURES BY NONBUSINESS ENTITY |
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67-6607 REPORTS OF CONTRIBUTIONS AND EXPENDITURES |
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67-6608 DISPOSITION OF UNEXPENDED BALANCES |
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67-6609 STATEMENT AS TO NO CONTRIBUTION OR EXPENDITURE |
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67-6610 CONTRIBUTION IN EXCESS OF FIFTY DOLLARS |
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67-6610A LIMITATIONS ON CONTRIBUTIONS |
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67-6610C USE OF CONTRIBUTIONS FOR CERTAIN PURPOSES BY CANDIDATE OR OFFICEHOLDER |
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67-6611 INDEPENDENT EXPENDITURES |
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67-6612 CONTENTS OF REPORTS |
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67-6613 COMMERCIAL REPORTING |
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67-6614 IDENTIFICATION OF SOURCE OF CONTRIBUTIONS AND EXPENDITURES |
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67-6614A PUBLICATION OR DISTRIBUTION OF POLITICAL STATEMENTS |
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67-6615 INSPECTION BY SECRETARY OF STATE |
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67-6616 EXAMINATION OF STATEMENTS |
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67-6617 REGISTRATION OF LOBBYISTS |
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67-6618 EXEMPTION FROM REGISTRATION |
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67-6619 REPORTING BY LOBBYISTS |
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67-6620 EMPLOYMENT OF UNREGISTERED PERSONS |
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67-6621 DUTIES OF LOBBYISTS |
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67-6622 DOCKET -- CONTENTS -- REPORTS TO LEGISLATURE -- SUBJECTS OF LEGISLATION -- WRITTEN AUTHORIZATION |
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67-6623 DUTIES OF SECRETARY OF STATE |
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67-6624 STATEMENTS TO BE CERTIFIED |
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67-6625 VIOLATIONS -- CIVIL FINE -- MISDEMEANOR PENALTY -- PROSECUTION -- LIMITATION -- VENUE |
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67-6625A LATE FILING OF STATEMENT OR REPORT -- FEES |
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67-6626 INJUNCTIONS |
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67-6627 SEVERABILITY |
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67-6628 CONSTRUCTION |
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67-6629 PERSUASIVE POLL CONCERNING CANDIDATE MUST IDENTIFY PERSON OR ENTITY PAYING FOR POLL |
CRIMINAL LAWS REGARDING THE CONDUCT OF ELECTIONS
Idaho law makes criminal offenses out of certain activities related to the conducting of an election. These activities address such areas as campaigning at polling places, tampering with ballots, etc. These statutes are located in Title 18, Chapter 23 of the Idaho Code. You can read these statutes by clicking the number next to statute title listed below.
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18-2301 OFFICIAL NEGLECT OR MALFEASANCE |
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18-2302 FALSE SWEARING AS TO QUALIFICATIONS AS VOTER |
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18-2303 REFUSAL TO BE SWORN OR TO ANSWER QUESTIONS |
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18-2304 PROCURING ILLEGAL VOTES |
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18-2305 INTIMIDATION, CORRUPTION AND FRAUDS |
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18-2306 ILLEGAL VOTING OR INTERFERENCE WITH ELECTION |
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18-2307 ATTEMPTING TO VOTE WHEN NOT QUALIFIED, OR TO REPEAT VOTING |
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18-2308 ATTEMPT OF OFFICER TO ASCERTAIN VOTE |
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18-2309 OFFICERS ATTEMPTING TO CHANGE RESULT |
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18-2310 FORGING OR COUNTERFEITING RETURNS |
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18-2311 ADDING TO OR SUBTRACTING FROM VOTES |
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18-2312 AIDING AND ABETTING ELECTION OFFENSES |
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18-2313 RIOTOUS CONDUCT AND INTERFERENCE WITH ELECTION |
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18-2314 BETTING ON ELECTIONS |
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18-2315 ELECTION OFFENSES NOT OTHERWISE PROVIDED FOR |
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18-2316 TAMPERING WITH CERTIFICATES OF NOMINATION OR BALLOTS |
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18-2317 DESTROYING OR DEFACING SUPPLIES |
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18-2318 ELECTIONEERING AT POLLS |
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18-2319 ATTEMPT TO INFLUENCE VOTES |
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18-2320 BRIBERY OF ELECTORS |
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18-2321 FRAUDULENT PERMISSION OF REGISTRATION |
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18-2322 ILLEGAL REGISTRATION BY VOTER |
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18-2323 PLACING PLACARDS IN BOOTHS |
LAWS ON CAMPAIGN SIGNS AND LITERATURE
Idaho has a criminal statute which makes it a misdemeanor offense to post signs or posters on private property without permission of the property owner. This also prohibits the leaving of campaign literature on a person's real or personal property, but only if the property is posted to indicate the doing so is prohibited. You can read the statute by clicking on this link to Idaho Code 18-7029.
Idaho Code 40-313 and Idaho Administrative Rule 39.03.42.801 prohibit the placing of signs and displays on a public road right-of-ways or any portion thereof. These rules also allow the Idaho Transportation Department to remove these items if found in the right-of-way of a State highway right-of-way. There are no criminal penalties attached to violation of these rules. However, ITD is authorized to initiate legal action to recover the costs of removal of such signs.
LAWS GOVERNING THE VOTING PROCESS
Idaho's laws regarding when elections are held, parties that oversee the elections, the processes for setting up polling places, and ballot counting are found in Title 34 of the Idaho Code. You can review these laws by clicking on the number next to the statute titles listed below.
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