State to secret-donors group: You must disclose donors, so must IEA, NEA

The state of Idaho has sent a formal response to Christ Troupis, attorney for Education Voters of Idaho, the secret-donations group backing the school reform ballot measures, Propositions 1, 2, and 3, calling the group’s position “not acceptable” and reiterating that the state believes the group is “a political committee that must comply with the reporting requirements of Idaho Code 67-6607.”

The letter, from Deputy Attorney General Michael Gilmore, says, “EVI’s status as a Section 501 (c)(4) corporation has no bearing on the issue of its status as a political committee or not. Any corporation that receives donations that are in turn spent in support of or opposition to ballot measures is a political committee when it exceeds the monetary thresholds of Idaho Code 67-6602(p) without regard to whether promoting or opposing the ballot measures is the corporation’s principal mission or only part of a larger mission.”

He adds, “You are correct that the IEA and NEA are in many ways similar to the EVI with regard to receiving contributions and in turn forwarding them to other political committees. That is why similar demands are also being directed to them.”

The letter also responds to Troupis’ contention that the state’s demand that the group disclose its donors violates the group’s 1st Amendment rights. “In the absence of the most extreme circumstances, e.g., where persons who exercise their First Amendment right might be in danger if their identities became known, there is no First Amendment right to keep one’s significant contributions to political speech secret,” Gilmore wrote. “The Secretary of State is aware of no such circumstances here.” You can read the full letter here .