Bill Description: Senate Bill 1422 would repeal and replace Idaho’s campaign finance laws, imposing new requirements and new limitations on political speech.
Rating: -7
NOTE: Senate Bill 1422 is similar to Senate Bill 1341 (2026). Both bills are significant rewrites of Idaho’s campaign finance laws. The proposed changes are numerous and extensive, and they serve to significantly increase the burdens, reporting requirements, and penalties imposed on candidates for public office.
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?
Senate Bill 1422 is a 37-page bill that would repeal Chapter 66, Title 67, Idaho Code, and effectively replace it with Chapter 3, Title 74, Idaho Code, which the bill would create. This is a significant rewrite of Idaho’s campaign finance law.
One of the more concerning changes is the expansive definition of “coordination” contained in the new language. It says, “the term ‘coordination’ means and includes but is not limited to an expenditure made with the cooperation of, with the prior consent or knowledge of, in consultation with, at the request or suggestion of, or using nonpublic information obtained from a candidate or the candidate's agent or paid or unpaid staff or volunteer or any person acting as a conduit for messages to or from the candidate's campaign. Coordination is presumed if a candidate benefiting from an independent expenditure by a political action committee is also the treasurer or any other board member of that political action committee.”
This is a troubling definition, especially considering the nature of political volunteering, which is often not limited to a single campaign and frequently involves politically involved individuals who serve as precinct committeemen and assist individual candidates.
Also concerning is the reference to board members of a political action committee. Board members of PACs are not public information and are not an official position registered with the Secretary of State.
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Sections 74-3-203 and 74-3-303 of the new chapter would mirror the proposal in House Bill 930 (2026) and House Bill 598 (2026), requiring political treasurers for both candidates and PACs to open a separate bank account for campaign contributions and to transfer any personal loans to the campaign into the separate campaign bank account.
This requirement is particularly restrictive for first-time candidates and those with limited funds. A personal loan from a candidate to his campaign does not necessarily represent cash on hand that can be immediately and fully transferred to a dedicated campaign account; rather, it reflects the financial commitment a candidate is willing to make over the course of a campaign.
Idaho law already requires strict accounting and reporting of contributions and expenditures by candidates and campaigns. The restrictions in this bill would unduly burden first-time and self-funded candidates.
The right to participate in the political process, which includes the right to seek public office, should not be unduly burdened by government restrictions, nor should someone be required to do business with a particular class of private entities (such as a bank) in order to run for office.
These sections also say that these financial accounts “are subject to inspection by the office of the secretary of state…”
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Section 74-3-206(3) would add new language stating, “A candidate may not accept contributions for running in a general election until the candidate has won his primary election.” This is a new prohibition that would substantially change the way fundraising is conducted in Idaho elections.
Currently, candidates may receive contributions for both elections prior to the primary election, and are only required to return the general election portion if they lose the primary election.
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Section 74-3-205(2)(a) would add requirements to file reports “three (3) days before the primary election, covering the period from the close of the most recent monthly report through seven (7) days before the primary election; and three (3) days before the general election, covering the period from the close of the most recent monthly report through seven (7) days before the general election.”
Additionally, sections 74-3-205(2)(b) and 74-3-306(2) would add requirements to file quarterly reports in non-election years instead of just an annual report.
Sections 74-3-205(5) and 74-3-306(4) would say, “All reports required pursuant to this section shall be filed online with the secretary of state by no later than midnight on the date the filing is due.” This is similar to 67-6607(4) in the current law, but it removes language that says, “unless a waiver has been provided under section 67-6623, Idaho Code”. This refers to a provision that says, “The secretary of state may, on an individual basis, grant a hardship waiver and accept a report required by this chapter in another format specified by the secretary of state, which will be entered into the online database by the secretary of state within three (3) days of filing.”
Sections 74-3-309 and 74-3-403 would move the deadlines for reporting independent expenditures and electioneering communication after the sixteenth day before an election, respectively, from within 48 hours of making the expenditure to within 24 hours of making the expenditure.
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Section 74-3-210 would expand the language limiting the use of synthetic media imposed by House Bill 664 (2024). While the current law refers only to its use in “electioneering communication,” the new law would apply to any use in “electioneering communication, expenditure by a candidate, or independent expenditure”.
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The only remotely positive change made by this bill would be in section 74-3-206, which would increase aggregate contribution limits from $1,000 to $1,500 per legislative candidate per election, and from $5,000 to $6,000 per candidate for statewide office per election.
It’s worth noting the inconsistency here, however (50% increase for legislative candidates and only 20% increase for statewide candidates), and the fact that neither of these increases appropriately accounts for inflation. The current limits were set in 1997, and based on the CPI, would need to be adjusted to at least $2,000 and $10,000, respectively, just to catch up to current inflation levels.
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Does it directly or indirectly create or increase penalties for victimless crimes or non-restorative penalties for non-violent crimes? Conversely, does it eliminate or decrease penalties for victimless crimes or non-restorative penalties for non-violent crimes?
Senate Bill 1422 would significantly increase penalties relative to the current law.
Section 74-3-501 would say, “If the imbalance was accrued willfully and knowingly, the secretary of state may assess a fine not to exceed twenty-five percent (25%) of the amount identified to be out of balance and deposit the amount assessed into the general fund.”
Section 74-3-503 would say, “Except as otherwise provided in this section, any person who fails to file a report of contributions, expenditures, independent expenditures, or any other report required by this chapter shall be liable to the secretary of state for a civil fine in the amount of fifty dollars ($50.00) plus five percent (5%) of the monetary value of the amount not reported, rounded up to the nearest whole number.”
Section 74-3-504 would say, “If any person registered with the secretary of state fails to file a report required by this chapter on or before the prescribed deadline, such person shall be liable to the secretary of state for a late fee in the amount of fifty dollars ($50.00) plus ten dollars ($10.00) for each day until the report is filed, which fee shall be deposited in the general fund. The late fee shall not exceed a total of one thousand dollars ($1,000).”
Section 74-3-505 would say, “Any person who violates a provision of this chapter that does not pertain to the failure to file a report or the late filing of a report shall be liable to the secretary of state for a civil fine in the amount of two thousand five hundred dollars ($2,500), plus five percent (5%) of the monetary value of the amount of the expenditure related to the violation, if applicable, rounded up to the nearest whole number.”
Current law sets this fine at up to $250 for an individual and up to $2,500 for a person other than an individual. This change increases the individual penalty by 10X plus 5% of the monetary value of the violation.
All of these penalties would be increased relative to the current law.
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Section 74-3-506 would add a disturbing element of public shaming for late payment, saying, “If any civil fine or late fee prescribed under this part is not paid within sixty (60) days following notice from the secretary of state's office, the secretary of state may publish the delinquent accounts on the public campaign finance website.”
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