Update: SB 1114 has been reintroduced as SB 1183.
The ACLU of Idaho opposes SB 1114 given the overly broad definition for “electioneering communication” and electioneering communication statements requiring donor disclosure. Both proposals outlined in this legislation directly impacts the First Amendment rights of non-profit organizations who operate in Idaho, as well as Idaho donors who financially support the charitable work of many of these non-profit entities throughout the state. The updated definition of “electioneering communication” could potentially restrict non-profit communications aimed at encouraging Idahoans to engage on a purely legislative policy issue. And because the definition of “electioneering communication” is so broad, it could potentially require disclosure of a non-profit’s donor database, unnecessarily exposing those who choose to financially support the organizations of their choice. Instead, we call on the legislature to amend SB 1114 to provide reasonable exemptions to organizations/individuals participating in non-election related speech and to ensure that the privacy rights of Idaho donors is maintained.