Legislation targets electioneering, improprieties

What I consider to be one of the most important bills we have had before us this session passed off the floor last week. 

S1244 covers the rather obscure topic of “electioneering,” and essentially addresses what is permissible behavior at, and around, polling facilities during an election. Originally, Idaho Code 18-2318 prohibited electioneering activities within a polling place, as well as for a 100-foot radius around a polling place. This prohibition was in effect during primary, general, and special elections, and the law spelled out what action was prohibited, as well as what fines could be assessed by law enforcement.

S1244 amends the existing law in a number of ways: First, it pushes the radius out to 250 feet and identifies that the measurement is from the primary entrance and exit of the polling facility. There was some debate under the original law as to where the 100-foot radius began, and it was left up to each county clerk to determine where the line was. S1244 clarifies where the line of prohibited activity ends. 

Second, S1244 adds to the prohibited activity list to include advocating for, or against, any candidate or measure, and explicitly states the interfering with voters, or the administration of the polling place, is expressly forbidden. Third, the bill reinforces that none of these restrictions are applicable on private property located adjacent to a polling place, and fourth, it increases the fine for violating the law and qualifies a misdemeanor charge for repeated violations.

Why do I consider this bill so important? Since I have been serving our district, there has been a consistent effort to reduce the opportunity for voter fraud, and an encouragement to get people to the polls themselves, as opposed to absentee and early voting. The reasons for this effort span from the purely political to the purely philosophical but a gradual movement has been made over the years toward these ends. In what most of us can recognize, the past few years have given us a political rhetoric that has grown more acerbic, aggressive, and manipulative, while efforts for good policy have been replaced by a stronger effort to gain political power. 

This effort has exposed itself clearly at the polls in two primary ways in different areas of the state. In the Southwest, Reclaim Idaho had signature gatherers posted at polling locations, and well within the 100-foot radius, who were stopping voters entering and exiting the polls to promote a ballot initiative. This was more of an annoyance than a threat but still was a clear violation of the law. In the three northern counties, and to a lesser extent the east, a different tactic was used. Imported from out-of-state activists, “voter information booths” were set up at nearly every polling location. By itself, there is nothing wrong with having information available for voters outside of the prohibited radius, but what accompanied these booths was where the problem began.

Frequently, the people manning these booths would be aggressively promoting their slate of candidates, yelling at voters entering the polls, and proclaiming that theirs was the only legitimate organization to recommend candidates. This then extended into cars being stopped as they entered the parking lots of polling locations and pamphlets being forced into people’s hands as well as their vehicles. In Boundary and Kootenai Counties, poll officials had to intervene when verbal altercations grew to become physical, and multiple pleas for help made to law enforcement in District 1 were ignored. Many voters felt threatened, and intimidated, with some leaving the location to never cast their vote.

Legislators working on an answer to this problem heard from many frustrated voters, as well as poll officials, election managers, County Clerks, and the Kootenai County Sheriff, all asking for a solution. Legislation proposed last year failed to make it through the process, but a revised effort was able to pass both bodies and should be signed into law by the Governor early this week. The bill also contains an emergency clause which means it goes into effect the moment the Governor signs it, which will offer protection for this year’s primary election. The right to participate in selecting who represents our interests in government is fundamental to our republic. As is the nature of man, there will always be someone trying to manipulate the process to their own ends, but the responsibility of government is to protect against those attempts. S1244 is a strong effort to aid in protecting future elections from what we experienced two years ago.

As this is my last article for the session, as well as my last as your representative, I would like to once again offer my sincere thanks for being allowed to serve District One for the past ten years. Similar to most of our state, our District has changed in that time I have been in office. I am grateful to have had the opportunity to work on preserving and promoting our traditional industries and values, as well as preparing for success in the future. It has been my honor to meet, work with, and learn from so many of our friends and neighbors in District 1. Lord bless each one of you, and may He also bless the great state of Idaho.

Rep. Sage Dixon represents Bonner and Boundary counties in District 1A in the Idaho House of Representatives.