BOISE, Idaho — UPDATE: This event has been canceled, read more here.
This story originally appeared in the Idaho Press.
A GOP candidate for the Idaho state Senate is planning a “Daddy-Daughter Dance” campaign fundraiser Saturday at Centennial High School with admission costing $40 to $50, despite a 2018 state law that specifically forbids public property or resources from being used for candidates’ campaigns.
Current state Rep. Codi Galloway, R-Boise, who is running for the Senate, told the Idaho Press in an email, “I paid to rent the cafeteria at Centennial. West Ada rents many of its facilities to businesses, non-profits, etc.”
The West Ada School District also sent out electronic flyers about the event to more than 700 households that have students at Spalding STEM Academy, at Galloway’s request, according to district spokesman Greg Wilson.
“We have a very open rental policy,” Wilson told the Idaho Press. “We’re merely renting it out.”
However, the 2018 Idaho state law, entitled the Public Integrity in Elections Act, says in Idaho Code Section 74-604, “Neither a public entity nor any of its employees shall use, nor shall a public official authorize or use, public property or resources to advocate for or against a candidate or a ballot measure.”
Galloway, who defeated fifth-term Sen. Fred Martin, R-Boise, in May’s GOP primary, faces Democrat Rick Just on the November ballot for the District 15 Senate seat.
Wilson said Galloway’s application to rent the high school facility, for which she paid $716.74, identified herself as the renter, for “individual (personal use)” and made no mention of her campaign. She also selected the rate category for a “for-profit business.”
“The way she inputted it on our system was that it was ‘individual personal use,’” Wilson said. “We rent to a lot of different people.”
However, on Thursday afternoon, Galloway told the Idaho Press, “This Saturday’s event is a fundraiser for Codi 4 Idaho. I rented the gym like any other organization would rent any other venue.”
Wilson said Galloway’s rental request drew little attention because she’s previously rented the facility for two similar events, both “Daddy-Daughter Dance” events for the Summerwind Skippers, a non-profit competitive kids jump rope team. One of those was in February of 2019, the other in April of this year.
“It’s not tracked about who was the recipient of the funds raised at these events,” Wilson said.
However, the wording of the state law appears to make both the school district and Galloway, as a current elected official, liable for violations of the Public Integrity in Elections Act if public property or resources are used to benefit a candidate’s campaign.
An amendment to the law passed the Legislature this year, aimed at authorizing the longstanding practice of the Ada County Republican Party Central Committee holding its meetings at the Ada County Courthouse. However, that addition to the law addressed only “political parties,” exempting them “provided that all political parties are given equal and fair access.”
It didn’t change the existing definition of “property or resources,” which remains: “Goods, services, equipment, computer software and hardware, college extra credit, other items of intangible property, or facilities provided to or for the benefit of a candidate, a candidate’s personal campaign committee, a political issues committee for political purposes, or advocacy for or against a ballot measure or candidate.”
Galloway voted for this year’s bill, HB 566, which passed the House 67-1. It also included a minor change to the definition of public property or resources “that are available to the general public,” which are exempted from the section, by adding, “at such times and in such manner as they are available to the general public.”
The bill’s Statement of Purpose said, “This legislation allows for public property that is available to the general public to be used by a political party provided that all political parties are given equal and fair access.” It didn’t say anything about candidates.
Erik Berg, chairman of the Ada County Democrats, sent a formal letter of complaint to the school district Wednesday evening, noting both the scheduled campaign fundraiser event at the school and the district’s distribution of flyers about the event to students.
“It appears this event was scheduled with the approval of Centennial High School administration, though it is unclear if administration knew it had approved the use of public school facilities for a private partisan political fundraising event,” Berg wrote. “Nevertheless, Centennial High School authorizing the use of its facilities for a private partisan political fundraiser in support of Codi Galloway’s state Senate campaign is in direct violation of this statute which could subject both the school district and Codi Galloway to civil penalties provided for in law.”
He added, “With such increased focus on ensuring that our teachers are free of partisan bias in their instruction and classrooms, it is disappointing that West Ada administrators did not hold themselves to the same standard as our educators when they cosigned the use of a school district property for a partisan political fundraiser.”
Berg wrote that if he doesn’t receive confirmation by 5 p.m. Friday that the event has been canceled, he’ll file complaints with both the Ada County Prosecutor’s office and the Idaho Attorney General’s office.
Neither office would comment on the legal issue. “We can’t give a legal opinion on a matter regarding a situation or fact scenario that may at some point come to us for formal review,” Emily Lowe, public information officer for Ada County Prosecutor Jan Bennetts, said in an email Thursday afternoon.
Wilson said the West Ada School District’s in-house attorney, Amy White, researched the issue on Thursday and concluded that the district hadn’t violated the law.
“As a public agency, West Ada School District opens its facilities to individuals and organizations for renting,” Wilson said in an email. “The rental or use of a West Ada facility does not constitute an expressed or implied endorsement of any individual or organization.”
He also pointed to the district’s policy for rental of facilities, which states, in part, “Approval will require that the activity be deemed appropriate and in the best interest of the District and its students.” No mention is made of partisan political fundraisers.
“Because we’re a public entity, we have a very broad definition,” Wilson said. “And I think if the role was reversed and there was someone of the other partisan persuasion or another political entity doing this, I don’t think we would unwind it.”
“Our counsel believes we’re good,” he said.
Berg told the Idaho Press late Thursday afternoon, “That’s disappointing to hear. … I haven’t heard anything from them. And I would have thought they would have wanted to get on this pretty quickly.”
He noted that he’s long been involved with political events. “It had always been made very clear to me that you cannot fundraise on property such as schools,” Berg said.
The 2018 law, sponsored by Rep. Jason Monks, R-Meridian, said in its Statement of Purpose that it “ensures that public funds, resources and property are not used to influence the outcome at the ballot box.” The bill passed the House 58-9 and the Senate unanimously.
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