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H 307

ELECTIONS – Adds to existing law to provide that the Secretary of State shall investigate false claims against candidates.

68th Legislature, 1st Regular Session (2025)

Idaho Secretary of State must investigate false claims about candidates and publish verifiably false findings online after allowing a response; emergency, effective July 1, 2025.

Reported Printed and Referred to State Affairs
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Bill Summary · H 307

Summary of Idaho House Bill H 307 (2025)

Overview

House Bill 307 adds a new section to Idaho Code that requires the Secretary of State to investigate false claims published about candidates during an election campaign. If the claims are found verifiably false, the Secretary of State must publish the findings on the office’s website after allowing the publishing party an opportunity to respond. The bill includes an emergency clause and would take effect July 1, 2025.

  • Bill: H 307
  • Title: Elections – Adds to existing law to provide that the Secretary of State shall investigate false claims against candidates
  • Introduced: February 21, 2025
  • Status: Reported Printed and Referred to State Affairs
  • Effective Date: July 1, 2025 (emergency provision)

Purpose and Intent

The legislation aims to address the spread of clearly false information about political candidates during campaigns by providing a formal mechanism for verification and public disclosure of findings when accusations are false.

Key Provisions

  • New statute added: 34-221, Idaho Code
  • (1) Procedure for false-claims investigations
    • Any candidate who believes false information has been published about them may report the claim to the Secretary of State.
    • The Secretary of State shall investigate the claim.
    • If the claim is verifiably false, the publishing party may respond to the findings.
    • Normal timeline: publishing party has 7 days to respond.
    • Near-election timeline: if the claim is found false within two weeks of an election, the publishing party has 48 hours to respond.
    • After receiving the response (if any), the Secretary of State must post the findings on the office’s website by the end of the next business day.
  • (2) Definition of “publish”
    • “Publish” means communicating information to one or more persons by telephone, radio, television, internet, or in writing of any kind.
  • (3) Emergency clause
    • The act is declared to have an emergency and shall be in full force and effect on and after July 1, 2025.

Affected Parties

  • Primary: Candidates who believe false information has been published about them.
  • Publishing Party: Those who published the claims (the process provides a right to respond).
  • Secretary of State: Responsible for investigating and posting findings publicly.
  • Public: Access to findings via the Secretary of State’s website.

Timelines and Procedural Details

  • Report to Secretary of State: Candidate initiates report.
  • Verification and response window:
    • Normal: 7 days for the publishing party to respond if claims are verifiably false.
    • Election window: 48 hours to respond if the claim is found false within two weeks of an election.
  • Publication of findings: Secretary of State must post findings on the website by the end of the next business day after receiving the publishing party’s response.
  • Effective date: July 1, 2025 (emergency provision).

Fiscal Impact

  • Fiscal note indicates no net revenue impact for public funds.
  • Activities are expected to be seasonal and performed by existing staff; no additional funding required.

Legislative Status

  • Introduced: February 21, 2025
  • Reported Printed and Referred to State Affairs: February 24, 2025

Potential Considerations (Objective Context)

  • The bill creates a centralized, public-facing process for adjudicating false campaign claims.
  • It relies on verifiability standards, the Secretary of State’s investigative role, and a binding public disclosure mechanism.
  • The broad definition of “publish” includes various modern and traditional media, potentially covering a wide range of claim types.

This summary reflects the bill’s stated text and fiscal note as of its current legislative status.

Compiled from official sources — confirm details with the bill’s official record.

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