Bill Description: House Bill 359 would require election communications from political candidates or those supporting them to prominently display the candidate's political affiliation.
Rating: -1
NOTE: House Bill 359 is related to House Bill 259, introduced earlier in the 2025 Legislative session.
Does it violate the spirit or the letter of either the United States Constitution or the Idaho Constitution? Examples include restrictions on speech, public assembly, the press, privacy, private property, or firearms. Conversely, does it restore or uphold the protections guaranteed in the US Constitution or the Idaho Constitution?
House Bill 359 would amend Section 67-6614A, Idaho Code, to say, "Every candidate shall include the political party affiliation of such candidate in all election communications made by such candidate in any partisan election."
The bill would impose a similar mandate on others who engage in election communication, requiring "all election communications that support or oppose a candidate in a partisan election and that are funded in full or in part by any independent expenditures" to "prominently state the political affiliation of the candidate being supported or opposed."
The bill says, "The disclosure of party affiliation in election communications pursuant to this subsection shall be stated prominently as follows: '[name of candidate], [party affiliation]'. If the candidate for partisan office is running as a candidate with no party affiliation, the election communication of the candidate shall state that the candidate has no party affiliation or state prominently as follows: 'independent'.
The bill would provide a list of exceptions for editorial endorsements, clothing, and some unpaid online content.
The intent language for this bill says its purpose is "combating voter confusion." But it attempts to accomplish this goal by infringing on the free speech of candidates and those who engage in political messaging.
Advertising is both an art and a science, and sometimes using a candidate's name or political affiliation may not be consistent with an advertisement's design. Government should not restrict or micromanage free speech, especially when it involves politics or political campaigns.
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