Bill Description: House Bill 362 would clarify that, in most cases, someone elected to federal, statewide, or legislative office cannot also serve as an elected officer of a city, school district, or highway district.

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NOTE: House Bill 362 is related to House Bill 497, introduced during the 2024 Legislative session. While House Bill 497 would have been applied consistently, House Bill 362 creates carve-outs for elected officials in small cities, school districts, and highway districts. 

Does it in any way restrict public access to information related to government activity or otherwise compromise government transparency, accountability, or election integrity? Conversely, does it increase public access to information related to government activity or increase government transparency, accountability, or election integrity?

House Bill 362 would amend Section 59-901, Idaho Code, to say, "Subscribing to the oath of office for an elective federal, statewide, or legislative office shall create a vacancy in any other elective office held by the individual" in any "city with a population of one thousand (1,000) or more"; "school district with five hundred (500) or more enrolled students"; or "highway district located primarily in a county with a population of ten thousand (10,000) or more."

It would clarify that this provision would not apply to "a person who subscribes to the oath of office for a legislative office as a temporary substitute pursuant to section 67-412, Idaho Code, or as an emergency interim successor pursuant to sections 67-413 through 67-426, Idaho Code."

Although it is not typical for someone who is elected to a federal, statewide, or legislative office to remain in an elected position for a city, school district, or highway district, it does happen occasionally, and it creates serious conflicts of interest. 

House Bill 362 would prevent such conflicts in most cases. Unfortunately, it makes exceptions for elected officials in small cities, school districts, and highway districts. The size of the jurisdiction is largely unrelated to the conflicts of interest created when a person serves simultaneously in two elected positions.

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