Summary of House Bill 308 (H 308) — Campaign Finance Transparency
Status and timing
- Introduced: February 21, 2025
- Current status: Reported Printed and Referred to State Affairs (February 24, 2025)
- Legislative actions: Introduced and referred to JRA for printing; later referred to State Affairs
Purpose and overall intent
- The bill reorganizes Idaho’s campaign finance laws to increase transparency, simplify reporting, and strengthen enforcement to reflect modern campaign practices and spending.
- It relocates and consolidates campaign finance provisions into a new Chapter 3 of Title 74, Idaho Code, separating campaign finance reporting from lobbying reporting.
Key provisions and changes
1) General framework and definitions (Part 1)
- Establishes the purpose: promote openness and transparency in campaign finance and related advocacy.
- Defines core terms, including:
- Candidate: Idaho public office seekers (state, judicial, legislative, local) but excluding federally seeking candidates.
- Contribution: broad definition including money, in-kind services, loans, forgiven debt, etc., with some carve-outs (e.g., personal funds used to pay a candidate filing fee and ordinary volunteer services under specified limits).
- Election/electioneering communications: defines the scope and timing (including proximity to elections).
2) Candidates and campaign finance accounts (Part 2)
- Creates requirements for a campaign finance account and appoints a political treasurer for candidates.
- Requires identification of the source of contributions and expenditures.
- Establishes contribution limits and rules governing use of contributed funds, including restrictions on candidate coordination with independent expenditures.
- Addresses debt retirement and certain exceptions related to contributions.
- Includes provisions on the use of synthetic media.
3) Political Action Committees (PACs) (Part 3)
- Establishes organization rules for PACs, including appointment and duties of a PAC treasurer.
- Regulates sources and uses of contributions by PACs and reporting requirements for those contributions and expenditures.
- Prohibits coordination between PACs and a candidate, and regulates electioneering communications and related reporting.
- Extends the framework of reporting to PACs and related entities.
4) Reporting requirements and party entities (Part 4)
- Adds detailed reporting requirements for political party committees and caucuses.
- Includes provisions on electioneering communications and associated reports, as well as independent expenditures.
5) Enforcement, penalties, and administration (Part 5)
- Outlines duties of the Secretary of State, county clerks, and prosecutors.
- Establishes violations, fines, late filing fees, and enforcement mechanisms (including civil actions and injunctions).
- Addresses applicability, severability, and effective date, with an emphasis on enhanced penalties and enforcement tools.
Administrative and related changes
- Adds a new Section 34-1807A to require disclosure of payments to signature gatherers.
- Repeals and amends several existing campaign finance provisions (e.g., consolidating and updating references, removing outdated provisions, and making technical corrections).
Fiscal impact
- A fiscal note accompanying the bill estimates:
- One full-time investigator (SOS) required ($66,560/year with benefits, totaling about $94,300 annually; $5,000 one-time capital outlay).
- Costs expected to be offset by newly collected fines deposited to the General Fund, resulting in zero net cost to the General Fund.
- The fiscal note reflects funding needs tied to enhanced enforcement and reporting oversight.
Who is affected
- Candidates for Idaho public office (state, judicial, legislative, local).
- Political Action Committees (PACs) and party caucuses.
- Independent political actors engaging in election-related communications.
- Signature gatherers (with new disclosure requirements).
- County clerks, prosecutors, and the Secretary of State responsible for administration and enforcement.
Notes
- The bill represents a significant overhaul of Idaho’s campaign finance law, both reorganizing the legal regime and expanding reporting, transparency, and enforcement mechanisms.