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Proposed bill to create 'elections crimes and security' office omits Idaho Secretary of State

Sponsors drafted House Bill 470 without consulting Idaho Secretary of State Phil McGrane. The proposed new office would report to the Attorney General.

BOISE, Idaho — A seemingly simple election integrity bill moved out of the House State Affairs Committee Wednesday to create a full-time office dedicated to investigating election fraud reports.

It passed committee with only one from the majority party in opposition through Rep. Christopher Allgood (R-Caldwell). His reasoning was simple - Secretary of State Phil McGrane was not included in the bill or consulted by bill sponsors.

Rep. Joe Alfieri (R-Coeur d'Alene) and Rep. Brandon Mitchell (R-Moscow) are co-sponsors.

"It's fairly unique in terms of legislation, because it's all housed within the Attorney General's Office," Secretary of State Phil McGrane said. "It raises questions about whether we're enforcing the laws as the way they are. And I can say, at the local level we are."

The legislation is modeled after other states, according to McGrane. Florida, for example, recently created a similar office. However, the Sunshine State organized the office to report to the Secretary.

McGrane prefers that method.

"We do the investigative work, we reach out to law enforcement, not to prosecutors or the Attorney General to continue to do that legal legwork, and then it gets passed off to the attorneys to go and force it in the courtroom. And really, that's probably what we need to see happen here," McGrane said. "It will be impossible for this group to do any of its work without working with us who are working in elections."

The sponsors consulted Idaho Attorney General Raúl Labrador when drafting the legislation, the AG confirmed to KTVB. Labrador did not approach the lawmakers and ask for the bill; they approached him, he said.

Rep. Julianne Young (R-Blackfoot) supported the bill in Committee. She believed granting the AG additional power and resources to investigate is a "separation of power." Both offices belong to the executive branch.

McGrane testified against the bill despite supporting the overall intent. McGrane testified against the bill despite supporting the overall intent.

"It's also worth noting, the Attorney General serves as the attorney for the Secretary of State. So, you just kind of have this unusual relationship in this instance," McGrane said. "I'm actually hopeful to have conversations with the bill sponsors to see is there an opportunity for us to rework this."

The bill moves to the House floor.

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