Be It Enacted by the People of the State of Idaho.
Section 1. That section 67-6610, Idaho Code, be, and the same is hereby amended to read as follows:
67-6610. CONTRIBUTION IN EXCESS OF FIFTY DOLLARS. CONTRIBUTION VERIFICATION. (a) Any person who contributes more than fifty dollars ($50.00) (including one or more smaller contributions which aggregate more than fifty dollars ($50.00) in any one calendar year) to a candidate or political committee shall accompany the contribution with a statement of his full name and complete address. Any person who contributes to a candidate or a political committee earmarked for a candidate must be a constituent of the office being sought. To be accepted, all contributions made to or for a candidate shall be accompanied with a full statement of the contributor's full name and complete address which provides verification of constituency.
(b) If a political treasurer is offered or receives a payment or contribution of more than fifty dollars ($50.00), or which together with prior contributions from the same person during that calendar year exceeds fifty dollars ($50.00), and there is no statement of the full name and complete address of the person making the contribution, the contribution shall be returned to the contributor if his identity can be ascertained. If the contributor's identity cannot be ascertained, the contribution shall be transmitted immediately by the political treasurer who received it to the state controller for deposit in the public school fund.
67-6610A. LIMITATIONS ON CONTRIBUTIONS. (1) Except as provided in subsection (2) of this section, aggregate contributions for a primary election or a general election made by a corporation, political committee, other recognized legal entity or an individual, other than the candidate, to a candidate for the state legislature, and political committees organized on the candidate's behalf shall be limited to an amount not to exceed one thousand dollars ($1,000) for the primary election and an amount not to exceed one thousand dollars ($1,000) for the general election. Aggregate contributions for a primary election or a general election by a corporation, political committee, other recognized legal entity or an individual, other than the candidate, to a candidate for statewide office and political committees organized on the candidate's behalf shall be limited to an amount not to exceed five thousand dollars ($5,000) for the primary election and an amount not to exceed five thousand dollars ($5,000) for the general election. Aggregate contributions made by a candidate to the candidate's own election is without limit. Aggregate contributions made by a constituent to a candidate or an authorized candidate committee is without limit and must be accompanied by a statement of the contributor's full name and complete address. Aggregate contributions made by a constituent to a PAC or State Party Committee is without limit. Aggregate contributions made by a non-constituent is permissible only to a PAC or a State Party Committee and is without limit but cannot be earmarked for the candidate. Aggregate contributions made by a corporation or other recognized Legal Entity is permissible only to a PAC or a State Party Committee and is without limit but cannot be earmarked for the candidate. Contributions to an authorized candidate committee from a PAC (Political Action Committee) or any other political organization is limited to contributions from a constituent earmarked for the candidate accompanied by a statement of the contributor's full name and complete address.
(2) Aggregate contributions for a primary election or for a general election made by a county central committee or by the state central committee of the political parties qualified under section 34-501, Idaho Code, to a candidate for the state legislature, and political committees organized on the candidate's behalf shall be limited to an amount not to exceed two thousand dollars ($2,000) for the primary election and an amount not to exceed two thousand dollars ($2,000) for the general election. Aggregate contributions for the primary election or the general election by the state central committee of the political parties qualified under section 34-501, Idaho Code, to a candidate for statewide office and political committees organized on the candidate's behalf shall be limited to an amount not to exceed ten thousand dollars ($10,000) for the primary election and an amount not to exceed ten thousand dollars ($10,000) for the general election. Aggregate contributions for a primary election or for a general election to a candidate is limited to contributions from constituents without limits and can be collected and forwarded by a county central committee or by the state central committee of the political parties qualified under section 34-501, Idaho Code.
(3) For purposes of this section "statewide office" shall mean an office in state government which shall appear on the primary or general election ballot throughout the state.
(4) Recall elections, for purposes of this section, shall be treated the same as general elections for contribution limits.
(5) Contributions other than money or its equivalent are deemed to have a monetary value equivalent to the fair market value of the contribution. Services or property or rights furnished at less than their fair market value for the purpose of assisting any candidate or political committee are deemed a contribution. A contribution of this kind shall be reported as an in-kind contribution at its fair market value and counts toward any applicable contribution limit of the contributor. Contributions shall not include the personal services of volunteers.
(6) The contribution limits for the state legislature shall apply to judicial district offices, city offices and county offices regulated by this chapter.
(7) For the purposes of contribution limits, the following apply:
(a) A contribution by a political committee with funds that have all been contributed by one (1) person who exercises exclusive control over the distribution of the funds of the political committee is a contribution by the controlling person.
(b) All contributions made by a person or political committee whose contribution or expenditure activity is financed, maintained or controlled by a trade association, labor union or collective bargaining organization shall be considered a contribution from such trade association, labor union or collective bargaining organization.
(c) Two (2) or more entities are treated as a single entity if the entities:
(i) Share the majority of members on their board of directors:
(ii) Share two (2) or more officers;
(iii) Are owned or controlled by the same majority shareholder or shareholders or persons;
(iv) Are in a parent-subsidiary relationship; or
(v) Have bylaws so stating.
(87) The provisions of this section are hereby declared to be severable and if any provision of this section or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of this section.
67-6614. IDENTIFICATION OF SOURCE OF CONTRIBUTIONS AND EXPENDITURES. No contribution shall be made and no expenditure shall be incurred, directly or indirectly by a constituent, in a fictitious name, anonymously, or by one (1) person through an agent, relative, or other person in such a manner as to conceal the identity of the source of the contribution. No contribution shall be made and no expenditure shall be incurred, directly or indirectly by a non-constituent. |