The Idaho House has voted 53-16 in favor of HB 270, the third version of Rep. Jason Monks’ bill to ban local governments or school districts from in any way using public funds to influence the outcome of an election on a bond or levy. The measure, scaled back from the earlier versions, is limited to just bond and levy votes, and specifically notes that public officials’ First Amendment rights to express their own personal views on a measure wouldn’t be restricted – but Monks said that applies only in individual communications, not in mass communications of any kind, including group emails sent from a publicly funded account. It also includes provisions for an election to be declared invalid if it was influenced by public funds or property; violations by public officials could bring criminal fines of up to $1,000 and orders to pay restitution.

“When you are using taxpayer money to advocate for the outcome of an election, or taxpayer resources, that’s not fair, it’s not appropriate,” Monks, R-Meridian, told the House, “because those are not available for the opposite side.” He distributed various examples of what would be prohibited under his bill, including a flier in which a mayor and city council endorsed a proposed funding measure and urged support.

Rep. Christy Zito, R-Hammett, spoke in favor of the bill, saying she’s concerned that “automated calls had been made from school districts, fancy fliers had been sent out from school districts and things like that.” Zito said a woman spoke at the committee hearing on the bill saying “she had received a fancy flier in the mail pushing for a levy,” but when she went to the local school district and asked to use its facilities to make up and send out her own flier opposing the levy, “She was told she couldn’t. So she didn’t have access to the same resources that those who were in favor of it did.”

Rep. Ilana Rubel, D-Boise, spoke against the bill. “I think this is really a move in the wrong direction,” she said. “We have chronically underfunded schools.” She noted that millions in supplemental levies and bond measures are on the ballot today in school districts across the state. “Now we’re throwing tacks in the path of those who are trying to get that supplemental funding. This creates a criminal offense for those who would go out and advocate, and might make a misstep. … The mayors of these cities, they’re not trying to fund a trip to the Bahamas for this, they’re trying to get funding to do this, and now we’re going to be threatening them with criminal penalties for doing this," she said. "We can’t keep putting the squeeze on.”

The 16 “no” votes came from all 11 House Democrats plus five House Republicans, Reps. Bell, Clow, Gibbs, Kauffman, and Wood. HB 270 now moves to the Senate side.