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Feb 21
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Idaho Legislature – VOTE NO on H0735 - Elections, canvassing activities (Posted: 02/21/26, may be unconstitutional)

Summary (ai assisted)

Grok analysis link: grok.com/share/c2hhcmQt…

H0735 requires disclosures and qualifications for paid in-person canvassers influencing voters on candidates or ballot measures. It includes exemptions along with enforcement and penalties for violation. (No fiscal impact.)

Definitions

  • Paid in-person canvassing: Activities by compensated individuals soliciting residences or public spots to communicate or distribute materials about candidates/ballot measures, conduct get-out-the-vote efforts, or engage in direct interactions affecting electoral participation/ preferences.

  • Phone banking: Organized calls to Idaho electors to persuade, inform, or mobilize voting.

Requirements

  • Canvassers must meet qualified elector criteria under Idaho Code §34-104, except those under 18 need only 30 days Idaho residency.

  • Verbally disclose compensation and payer name to communicated persons.

  • Wear visible badge stating "paid political advocate" during activities.

  • Secretary of state to promulgate rules on badge font, shape, color, size.

Exemptions

  • Uncompensated volunteers (beyond incidental expenses).

  • Individuals with incidental canvassing in broader campaign roles.

  • Phone banking.

  • Candidates canvassing for own campaigns.

Enforcement

  • Secretary of state website system for complaints and investigations.

  • Violations referred to attorney general or prosecutor under Idaho Code §67-6625.

  • Civil fines: Up to $250 for individuals, $2,500 for others.

  • Knowing/willful violations: Misdemeanor, up to 6 months imprisonment plus fines.

  • Prosecution: By attorney general/prosecuting attorney; civil/misdemeanor within 2 years, felony per §19-402.

  • Venue: Defendant's county if Idaho resident, else Ada County.

Amendments Amends Idaho Code §67-6625 to reference new §67-6628B in violations.

Potential Constitutional Contradictions

  • Badge and verbal disclosure requirements contradict U.S. Supreme Court ruling in Buckley v. American Constitutional Law Foundation, Inc. (1999), invalidating similar compelled speech for paid petition circulators as First Amendment violation.

  • No identified contradictions with Idaho Constitution.

Reason for Recommendation to VOTE NO

While we like the idea of identifying paid canvassers – especially with boundless money influencing today’s political landscape – the US Supreme Court in a 6-3 vote found a similar law in Colorado violated the first amendment.

From Buckley v. American Constitutional Law Foundation analysis (see Related link):

Question: Did the State of Colorado's imposition of name, badge, and financial disclosure requirements, on initiative-petition proponents and their circulators, violate the First Amendment's freedom of speech protections?

Conclusion: Yes. In a 6-to-3 decision, the Court found the name, badge, and disclosure requirements to be unconstitutional. Weighing Colorado's need to protect the integrity of the initiative-petition process against the burdens that its guidelines placed on political expression, the Court found that the latter outweighed the former. Noting that the appellate court upheld a requirement that each circulator submit an affidavit setting out, among several particulars, his or her name and address, the Court explained that the vital information sought by the three additional restrictions at issue was already being secured either directly or indirectly.

Perhaps there’s a way to amend this bill to eliminate Constitutional issues. For now, please vote NO.

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