Bill Description: House Bill 599 would criminalize ballot harvesting.

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NOTE: The statement of purpose for House Bill 599 defines "ballot harvesting" as "the practice of third party individuals and groups, many of them political activists or political parties, 'harvesting' absentee or mail ballots from voters and then delivering them to election officials for processing and counting." While neither the term "ballot harvesting" nor this definition appears in the bill, this is the problem House Bill 599 is designed to address.

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 599 would create Section 18-2324, Idaho Code, to say that, with some specific exceptions, "no person shall knowingly collect or convey another voter's voted or unvoted ballot."

A violation of this law would be a misdemeanor in most cases. It would be a felony if "the person was paid by anyone other than the voter to collect and convey the voter's ballot or if the cumulative number of ballots collected or conveyed in violation of the provisions of this section is ten (10) or more in any election."

The bill includes exceptions for a person who "collects or conveys another voter's voted or unvoted ballot in the course of such person's regular duties" as an "elections official," "United States postal service worker or other person specifically authorized by law to transmit United States mail," or "employee or contractor of a common carrier."

There is an additional exception for "a person who receives compensation from the voter in exchange for collecting or conveying the voter's voted or unvoted ballot." This should cover employees such as housekeepers, secretaries, or personal assistants, who might routinely assist in conveying their employer's mail.

There are also limited exceptions for a person who is "related to the voter, whether by adoption, marriage, or blood, within the fifth degree of consanguinity," "a member of the voter's household," or "a caregiver of the voter, unless the voter is under care for memory or cognitive impairment." People conveying ballots under these exceptions would be limited to conveying no more than "six (6) total voted ballots and six (6) total unvoted ballots in any election."

These exceptions would not apply to "a person who is a candidate for elective office on the ballot or who is employed by or volunteers for a political party, candidate for elective office on the ballot, or organization that supports or opposes any ballot measure or candidate for elective office on the ballot." Such individuals would not be allowed to collect or convey another voter's ballot, even for their own spouse. 

The bill also clarifies that anyone who lawfully collects or conveys another voter's ballot under any of these exceptions "shall not attempt to influence the voter in any way."

Compared to other versions of this proposal introduced in previous legislative sessions, this bill strikes a better balance between protecting election integrity and not overly inconveniencing voters and their families.

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