Bill Description: House Bill 259 would require political disclosure statements on more materials and require individuals to reveal their party affiliation when engaging in certain political communication.
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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 259 would amend Section 67-6614A, Idaho Code, to require political disclosure statements on more materials.
Idaho law currently says that "whenever any person makes an expenditure for the purpose of financing communications expressly advocating the election, approval or defeat of a candidate, measure or person standing for election to the position of precinct committeeman through any broadcasting station, newspaper, magazine, outdoor advertising facility, direct mailing or any other type of general public political advertising, the person responsible for such communication shall be clearly indicated on such communication."
The bill would apply this disclosure requirement to any website, mobile application, text message, yard sign, bumper sticker, pamphlet, display card, poster, billboard, or campaign button. This substantially expands the requirement and goes well beyond traditional mediums of advertising to include methods of personal expression.
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House Bill 259 would also create a new requirement that any of the political communication addressed above (both found in current law and newly added by this bill) disclose the "person's political party affiliation, if any, and if the political statement is in support of a candidate the party affiliation of the candidate, if any."
This requirement is troubling for several reasons. Candidates are generally required to disclose their political affiliation when running for a partisan office, but this requirement would apply to all candidates — including those seeking a nonpartisan office.
Even more concerning, the requirement would apply to any individual engaging in political communication, not just candidates seeking office. This would apply even when the communication is about a nonpartisan candidate or a ballot measure, which, of course, has no official party affiliation.
This means if an individual created a website advocating against a ballot measure, the website would have to include the individual's name and party affiliation.
This requirement violates privacy rights, creates a chilling effect on free speech, and could discourage some people from affiliating with a political party when registering to vote in order to avoid these disclosure mandates.
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