Title 74, TRANSPARENT AND ETHICAL GOVERNMENT

74-601. SHORT TITLE. This act shall be known and may be cited as the "Public Integrity in Elections Act."

74-602. LEGISLATIVE INTENT. The legislature finds that it is against the public policy of the state of Idaho for public funds, resources or property to be used to advocate for or against a candidate or ballot measure.

74-603. DEFINITIONS. As used in this chapter: (1)(a) "Advocate" means to campaign for or against a candidate or the outcome of a ballot measure. (b) "Advocate" does not mean providing factual information about a ballot measure and the public entity's reason for the ballot measure…

74-604. PUBLIC FUNDS PROHIBITED. Unless specifically required by law, and except as provided in this chapter: (1) Neither a public entity nor its employees shall make, nor shall a public official make or authorize, an expenditure from public funds to advocate for or against a can…

74-605. EXCLUSIONS. Nothing in this chapter shall prohibit: (1) A public official or employee from speaking, campaigning, contributing personal money or otherwise exercising the public official's or employee's individual first amendment rights for political purposes, provided no …

74-606. VIOLATIONS -- REMEDIES. (1) Any public official or employee who conducts or participates in an activity that violates the provisions of this chapter shall be subject to a civil penalty not to exceed two hundred fifty dollars ($250). (2) Any public official or employee who…

74-701. PURPOSE OF CHAPTER. The purpose of this chapter is: (1) To promote public confidence in government; and (2) To promote openness in government and to provide transparency by those promoting or opposing legislation or attempting to influence executive or administrative acti…

74-702. DEFINITIONS. As used in this chapter, the following terms have the following meanings: (1) "Compensation" includes any advance, conveyance, forgiveness of indebtedness, deposit, distribution, loan, payment, gift, pledge, or transfer of money or anything of value, and any …

74-703. REGISTRATION OF LOBBYISTS. (1) Before doing any lobbying, or within thirty (30) days after being employed, designated, or contracted as a lobbyist, whichever occurs first, a lobbyist shall register by filing with the secretary of state a lobbyist registration statement, i…

74-704. EXEMPTION FROM REGISTRATION. The following persons and activities shall be exempt from registration and reporting under sections 74-703 and 74-705, Idaho Code: (1) Persons who limit their lobbying activities to appearances before public sessions of committees of the legis…

74-705. REPORTING BY LOBBYISTS. (1) Any lobbyist registered under section 74-703, Idaho Code, shall file with the secretary of state a monthly report of his lobbying activities signed by the lobbyist. The reports shall be made in the form and manner prescribed by the secretary of…

74-706. REPORTS BY STATE ENTITIES. Any office or agency of state government or a state-funded educational institution that offers gifts of any kind through interaction with the legislative or executive departments of state government shall file the same reports lobbyists are requ…

74-707. EMPLOYMENT OF UNREGISTERED PERSONS. It shall be a violation of this chapter for any person to employ for pay or any consideration, or to pay or agree to pay any compensation to, a person to lobby who is not registered or exempt from registration under this chapter unless …

74-708. DUTIES OF LOBBYISTS. A person required to register as a lobbyist under this chapter shall also have the following obligations, the violation of which shall constitute cause for revocation of his registration and may subject such person and such person's employer or client…

74-709. DOCKET -- CONTENTS -- REPORTS TO LEGISLATURE -- SUBJECTS OF LEGISLATION. The secretary of state shall prepare and keep a docket in which shall be entered the name and business address of each lobbyist, the name and business address of his employers, and the subjects of le…

74-710. DUTIES OF SECRETARY OF STATE. (1) The secretary of state is charged with enforcement of the provisions of this chapter. (2) In addition to duties otherwise prescribed in this section, it shall be the duty of the secretary of state: (a) To prescribe forms for statements an…

74-711. STATEMENTS TO BE CERTIFIED. All statements required to be filed with the secretary of state under this chapter shall be signed and certified as true and correct by the person required to file such statements. Electronic signatures and certifications shall be governed by t…

74-712. VIOLATIONS -- CIVIL FINE -- MISDEMEANOR PENALTY -- PROSECUTION -- LIMITATION -- VENUE. (1) Any person who violates the provisions of sections 74-703, 74-705, 74-707, 74-708(1), or 74-711, Idaho Code, shall be liable for a civil fine not to exceed two hundred fifty dollars…

74-713. LATE FILING OF REPORT -- FEES. (1) If any person fails to file a report required under this chapter on or before a specified date, he shall be liable to the secretary of state for deposit in the general fund in the amount of fifty dollars ($50.00) per day beginning forty-…

74-714. INJUNCTIONS. The district courts of this state shall have original jurisdiction to issue injunctions to enforce the provisions of this chapter upon application by the secretary of state.

74-715. SEVERABILITY. If any provisions of this chapter or its application to any person or circumstance is held invalid, the remainder of the chapter or the application of the provision to other persons or circumstances shall not be affected.

74-716. CONSTRUCTION. The provisions of this chapter are to be liberally construed to effectuate the policies and purposes of this chapter. In the event of conflict between the provisions of this chapter and any other provision of law, the provisions of this chapter shall govern.