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: The House Amendment to House Bill 359 made several changes to the bill. The analysis has been updated, but the rating has not changed.

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 in any partisan election shall disclose the political party affiliation of such candidate, if any, in all election communications made by such candidate, except any election communication included on stickers or any item designed to be worn by a person."

It would further require that the affiliation disclosure "be prominently displayed within each election communication."

It defines "party affiliation" as "the written name of the political party such candidate is registered with or a visual depiction of a commonly recognizable symbol that represents such political party."

The intent language for this bill says its purpose is "combating voter confusion." But it attempts to accomplish this goal by limiting freedom of speech.

Advertising is both an art and a science, and prominently displaying a candidate's political affiliation may not be consistent with an advertisement's design. Government should not restrict or micromanage free speech, even when it involves politics or political campaigns.

(-1)