by Logan Finney, Idaho Reports

The Idaho Senate approved a bill on Tuesday that would increase the distance from the polls where voters and campaigns are not allowed to solicit ballot initiative signatures or rally support for candidates.

Sen. Linda Wright Hartgen, R-Twin Falls, and Sen. Geoff Schroeder, R-Mountain Home, carried Senate Bill 1244. They argued the legislation is needed to protect access to the polls.  

“Idaho has one of the most pure election procedures in the nation, and our county clerks are to be commended for all of the hard work that they do,” Wright Hartgen said. “SB 1244 is before us today to make clear what is expected and taking away any ambiguity out of this process.”

The legislation would add specificity to Idaho’s existing law that bans electioneering at the polls, and would increase the radius from a polling place where electioneering is prohibited from 100 feet to 250 feet. It also would clarify that the electioneering prohibition does not apply to private land within that distance.

“We just augmented what was already in this title,” Wright Hartgen said. “You cannot advocate for or against any candidate or measure within 250 feet. You cannot solicit votes in any manner or shape, or by any means, you cannot give someone something for their vote.”

She highlighted letters of support from the Idaho associations of police chiefs, sheriffs, and county clerks.

“A lot of the language in the bill I actually like,” said Sen. Scott Herndon, R-Sagle. “I think it adds clarity. I think it makes it easier to understand what the law is.”

However, Herndon shared an anecdote about a couple in his district who for years have put up a tent and table to share hot dogs and candidate information with the voters at their precinct. He said increasing the distance to 250 feet would no longer allow them to do so in that particular parking lot.

“I would suggest, that if we want to do something else with this bill, that we just change it back to 100 feet,” Herndon said. “Most states are 100 feet, and I think that’s a reasonable limitation along with the other language contained in this bill.”

Schroeder said the legislation is needed to stop political campaigns and their supporters from infringing on Idahoans’ right to access the polls. He said he personally witnessed Reclaim Idaho signature gatherers blocking traffic from entering a polling place parking lot during the Mountain Home mayoral runoff election in December.

“This conduct shouldn’t be occurring in a parking lot that’s required for you to park in, to get in there and vote,” Schroeder said. “I shouldn’t have to endure yet another barrage of people trying to persuade me on the last minute of the last day.”

Other lawmakers expressed concern that the bill would encroach on free speech rights by expanding the footprint around polling places where voters cannot advocate for their positions.

“With the lack of trust of our constituents of where our elections are at, to me this is just sending a message that we do not trust them to actually have good civil talks,” said Sen. Glenneda Zuiderveld, R-Twin Falls.

“My assertion is you’re going to have the same problems at 250 feet or 500 feet or a thousand feet that we’re experiencing at 100 feet. The solution to this problem, if there is a solution, is strict enforcement,” said Sen. Dan Foreman, R-Viola.

The bill passed the Senate in a 23-12 vote and advances to the House.

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