Bill Description: House Bill 365 would grant the Idaho attorney general concurrent authority to investigate and prosecute election violations.

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NOTE: House Bill 365 deals with one of the elements found in 2024’s House Bill 470, which narrowly failed to pass the House. 

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 365 would create Section 67-1417, Idaho Code, to grant the Idaho attorney general concurrent authority to investigate and prosecute election violations.

It would say, "The attorney general may investigate and prosecute all criminal and civil violations of chapter 23, title 18, Idaho Code, and title 34, Idaho Code,” which deal with elections. 

This bill would not remove any authority from county prosecutors, nor would it require intervention by the attorney general. The bill would simply allow the attorney general to engage in election-related investigations or prosecutions when a county cannot (or perhaps will not) do what is required to ensure election integrity.

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