The Idaho Education Association has sent a response to the Idaho Secretary of State's office's demand that it disclose its contributors, since it made in-kind contributions to the “No on Props 1,2,3” campaign of more than $180,000. In the letter from its attorney, the IEA says it's not a political committee, but does fall under under a clause in Idaho law for a “non-business entity,” a category for non-profit organizations that in the previous year have received contributions or membership fees that exceed 10 percent of its receipts for the year. Under Idaho law, a “non-business entity” is required to disclose all contributions of more than $500, as opposed to political committees, which must disclose all contributions of more than $50.
The IEA said its money all came from annual member dues that are less than $500. So it'll formally declare itself a non-business entity and file the required disclosure forms, but it won't have any contributions over $500 to disclose. In a news release, IEA chief counsel Paul Stark said, “The IEA has always endeavored to be fully compliant with all laws that pertain to the organization. We will continue to do that as we have throughout our 120-year history.”
To qualify as a “non-business entity” under Idaho law, an organization must have been in existence for at least a calendar year. That means the new group that sparked the issue, Education Voters of Idaho, which just formed in August, isn't a “non-business entity.” The Secretary of State's office contends EVI is a political committee that must disclose contributors over $50; a 4th District judge has set a hearing on the issue for Friday.