Complaints, Enforcement and the Mistakes That Get Campaigns in Trouble

A complaint is a public act with real consequences for the person named in it. Filed well, it gets a missing report filed or a hidden donor named. Filed carelessly, it wastes an investigator's week and hands the target a story about being harassed. This lesson covers who handles what, how to file so the complaint gets acted on, what the penalties are, what has actually happened in Idaho cases, and the mistakes that keep turning up in them.

Who enforces what

Problem	Who takes it	Authority
Campaign finance in statewide, legislative and judicial district races, and statewide measures	Idaho Secretary of State	67-6623
Campaign finance in county, city, school and district races and local measures	County clerk of the home county	67-6623
Prosecuting Sunshine Law violations	Attorney General or county prosecuting attorney, within two years	67-6625
Stopping an ongoing violation	District court, on suit by any citizen, the Secretary of State or a county clerk	67-6626
Lobbyist registration and reports	Secretary of State; Attorney General or county prosecutor	74-712
Public money used to advocate	Attorney General for state agencies; county prosecutor for local entities	74-606
Federal candidates, PACs and Super PACs	Federal Election Commission	Federal Election Campaign Act, 52 U.S.C. Chapter 301
Charity or nonprofit campaign activity	Internal Revenue Service	26 U.S.C. 501, 4955
Broadcast sponsorship, robocalls and texts	Federal Communications Commission	FCC rules

Under 67-6623, the Secretary of State and each county clerk are "charged with enforcement" of the chapter. They investigate filed statements, failures to file and complaints from any person, then report suspected violations for prosecution. A citizen may also go straight to district court for an injunction under 67-6626, though the court may require a written complaint to the Secretary of State or clerk first.

Filing an Idaho complaint

The Secretary of State's disclosure manual says any registered voter may file a complaint, that complaints are filed on Form L-5, and that they "will be thoroughly investigated." The office's website links its online records portal under the label "Sunshine Act Violations." In practice the office sorts what comes in: obvious paperwork lapses get a compliance letter, local races go to the county clerk, and cases that need court action go to the Attorney General.

The volume is real. In the 2024 cycle, the Secretary of State said more than 60 complaints had been filed by mid-May, the Idaho Capital Sun reported, and called the office "the tattle-tale department." Before the May 19, 2026 primary the office investigated more than 40, the Capital Sun reported. Most were resolved without penalties, seven went to county clerks, five were still open at the end of May, and one state Senate candidate withdrew after a complaint challenged his eligibility to hold office. The Capital Sun built that tally from complaint records it obtained from the office.

Keep the office's limits in mind. The Secretary said in 2024 that its role is "not to regulate what people say." It enforces registration, reporting and disclaimers. A false claim with a proper "Paid for by" line is outside its job; what Idaho law says about false campaign statements is covered in lesson 6.

Penalties, by section

Violation	Penalty	Section
Late report	$50 a day, starting 48 hours after the deadline, until filed; the filer is notified within 24 hours of the missed deadline	67-6625A
Treasurer, reporting, limits, independent expenditure, disclaimer, electioneering and source rules (67-6603, 67-6604, 67-6606 to 67-6614A, 67-6624, 67-6627, 67-6628)	Civil fine up to $250 (individual) or $2,500 (anyone else)	67-6625(1)
Knowing and willful violation of those sections, or any violation of 67-6605	Misdemeanor: up to six months in jail, a fine, or both, plus the civil fine	67-6625(2)
Late lobbyist report	$50 a day, starting 48 hours after the deadline	74-713
Public funds used to advocate	Up to $250; up to $1,500 if knowing; up to $2,500 for a repeat within 12 months	74-606

The manual adds two rules people miss. The Secretary of State cannot grant extensions on filing deadlines, and late fees can be waived only for a technical problem reported to the office or clerk before the deadline. A treasurer who emails on the 11th to say the bank statement was late still owes the fee.

What has actually happened: Idaho cases

These are the cases reported in Idaho news and court records, from different sides of different fights. Read the outcomes column closely. It is mostly fixes and small fines.

Year	Who	Issue	Outcome
2012	Education Voters of Idaho	Self-described 501(c)(4) spent on ads backing three education measures without naming donors	The Secretary of State sued; a district judge ordered disclosure; the group filed, showing more than $641,000 from 25 donors (lesson 8)
2022	North Idaho Republicans	Bought a newspaper voter guide ad before registering as a PAC	Fined $2,500, the maximum; it formed a PAC and paid, the Coeur d'Alene Press reported
2022	Kootenai County Republican Central Committee and The People's Pen	Complaint that the party controlled and paid for a publication that should have been reported as electioneering	The publication registered in Idaho as a foreign business entity May 31 after an Attorney General's letter; the Secretary of State closed the case September 13, finding the evidence did not prove the committee controlled and paid for it, with no charges or fines, the Capital Sun reported
2023	Idaho Falls School District 91	District-paid bond materials challenged as advocacy under 74-604	Settled December 2023; the complaint against the spokesperson was dismissed and the former superintendent's $250 fine was paid with non-district money (lesson 9)
2024	A southern Idaho voter-guide group	Distributed unofficial voter guides without registering as a political committee	Ordered to stop distributing until in compliance; fined $1,000, the Capital Sun reported
2024	Retire Career Politicians	Washington, D.C. group spent $76,000 opposing the House Speaker without registering in Idaho	Asked to register by a deadline
2025	Teton County Republican Central Committee	Did not comply with state financial reporting	Fined $50, the Jackson Hole News&Guide reported; a PAC in the same races was still working out discrepancies
2026	Three LLCs with one owner	Each gave $1,000 to the same two legislators, though related businesses share one limit	Candidates returned the excess; no fine reported, the Capital Sun reported
2026	A billboard and a campaign sign	Missing "Paid for by" disclosures	Disclosures added
2026	Idaho Values First	TV ads and mailers opposing four state senators; not registered, no electioneering reports	Three complaints; investigations open as of May 29, 2026
2026	The Secretary of State's own campaign	A legislative candidate alleged mailers endorsing other candidates needed a 48-hour expense report	Referred to the Attorney General, who confirmed an investigation; the Secretary said the campaign spent about $16,000 on the mailers and allocated about $750 as in-kind contributions to the endorsed candidates, to appear on his May report, according to the Capital Sun's report

When the 2026 complaint named the Secretary of State's own campaign, his office sent it to the Attorney General instead of judging it. That is the right handling for a conflict, and it is worth asking about whenever an enforcer is also a candidate. And some 2026 complaints went nowhere because nobody could be found: unsigned texts opposing a legislator had no disclaimer, and the office could not identify the sender. Disclosure law only reaches people who can be traced.

Federal complaints

FEC. A complaint about a federal candidate, PAC or Super PAC must be in writing, with the filer's full name and address, signed, sworn to and notarized, with the notary's certificate stating it was sworn or affirmed under penalty of perjury, per the FEC. It should state the facts, identify each respondent, attach records, and say which facts come from personal knowledge. Email it to EnfComplaint@fec.gov or mail it to the Office of General Counsel. The FEC assigns a Matter Under Review number, gives respondents 15 days to answer, and needs four commissioners to find "reason to believe" before it investigates. The case stays confidential until it closes, though you may share your own complaint.

IRS. For a charity endorsing a candidate or a nonprofit acting outside its tax status, the IRS's help page on complaints about exempt organizations points to the online referral at IRS.gov/SubmitATip. Many older guides cite Form 13909, the IRS's paper complaint form for exempt organizations; the help page checked in October 2026 sends people to the online referral instead. The IRS keeps your identity confidential and, because of tax privacy law, will not send an acknowledgment or tell you the outcome. The page also suggests notifying state charity regulators.

FCC. The FCC's rules for campaign calls and texts require prior express consent for autodialed or prerecorded political calls and autodialed texts to cell phones. Residential landlines can get prerecorded political calls without consent, up to three in any 30 days. Prerecorded or artificial voice messages must identify the caller at the start and give a call-back number. Campaign calls are exempt from the Do Not Call list. File complaints at consumercomplaints.fcc.gov or 1-888-225-5322, and forward unwanted texts to 7726. Broadcast sponsorship problems go to the FCC too. The Idaho Secretary of State has said missing "Paid for by" lines on robocalls and texts are a common Idaho violation as well, so a bad robocall in a state race can draw both complaints.

The mistakes that keep showing up

Across the cases above and the Secretary of State's own descriptions, the same errors recur:

• Spending before registering. A group that buys ads or prints guides before it registers as a committee is behind two of the fines in the table.
• Missing disclaimers, on signs, billboards, robocalls and texts. Usually fixed by adding the line, but only after a complaint.
• Related businesses each giving the maximum. Common ownership means one limit.
• Fake or placeholder names in the Sunshine system, which the Secretary of State named as a problem in 2024.
• Using the state seal in political ads, another problem the office named in 2024.
• Late reports and missed 48-hour notices, with no extensions available.
• Mixing money. As amended in 2026, 67-6604(2) says campaign and committee funds must be segregated and not commingled with any other account.

Questions and answers

These are the questions people ask before and after they file. For questions about who may give to whom, see lesson 13.

Do I have to be a registered voter to file an Idaho complaint?

The Secretary of State's disclosure manual says any registered voter may file, on Form L-5. Under 67-6623, the office and county clerks also investigate complaints "by any person" and can open a matter on their own. If you are not registered, file anyway and say so; the office decides what to do with the facts.

Can I file anonymously?

Not in a way that helps. The Idaho form asks for your name and contact information, and an investigator with a question needs someone to ask. The FEC requires a signed, notarized complaint with your full name and address and sends it to the people you name. The IRS is the exception: it keeps a referral's identity confidential under federal tax privacy law. For Idaho and the FEC, assume the person you name will learn who you are.

How long will it take, and will anyone tell me the result?

The Sunshine Law sets no deadline for an investigation. Prosecutors have two years from the violation to bring a case under 67-6625. Most Idaho complaints end with a compliance letter and a fix. Ask the office in writing whether your matter was closed, fixed or referred. The FEC notifies complainants when a matter closes. The IRS will not tell you anything.

The problem is in a city council race. Where does it go?

To the county clerk of the city's home county, the county where its business office is located, under 67-6623 and 34-1401. Clerks handle county, city, school district and other local races and local measures, and refer suspected violations to the county prosecutor. In 2026 the Secretary of State sent seven complaints it received to county clerks for that reason.

Can I go to court myself?

Yes. Idaho Code 67-6626 lets any Idaho citizen ask a district court for an injunction to enforce the Sunshine Law, though the court may require a written complaint to the Secretary of State or clerk first. A citizen who wins can recover reasonable costs and fees. A citizen whose suit lacked substantial merit can be ordered to pay the other side's.

We missed a monthly report by three days. What will it cost?

Late fees under 67-6625A are $50 a day, starting 48 hours after the deadline. A report filed three days late owes about one day's fee: the first 48 hours are free and the fee runs from there. File immediately, because the fee keeps running, and do not ask for an extension: the office has no power to grant one.

A church in town endorsed a candidate from the pulpit. Who handles that?

The IRS, through the referral at IRS.gov/SubmitATip described on its exempt organization complaint page. The Idaho Secretary of State does not enforce federal tax law, though a church that spends money on an Idaho race may have state reporting duties covered in lesson 12.

An ad lies about my record. Can I file a complaint over that?

Not with the Secretary of State, which enforces who paid and whether it was reported. A false statement about a candidate can be the basis for a defamation suit, under the actual-malice standard for public figures covered in lesson 6. If the ad also lacks a "Paid for by" line or its sponsor never registered, that part is a Sunshine Law complaint.

Hard questions

Aren't campaign finance complaints mostly a weapon against opponents?

Some are. Anyone can file, complaints spike in the weeks before a primary, and a complaint filed the week before an election gets news coverage whether or not it has merit. Idaho's system blunts that in a few ways. Most complaints end in a quiet fix, not a headline-ready penalty. A citizen who goes to court over a meritless claim can be ordered to pay the other side's costs under 67-6626. And the FEC requires a sworn, notarized complaint. The other side of the ledger: without complaints from opponents and residents, the offices would catch far less, because they do not monitor every mailer in the state.

A $250 fine is a cost of doing business. Why would anyone obey?

For a well-funded committee, $250 is small, and the cap for a committee or business is $2,500 per violation under 67-6625. Late fees add up at $50 a day with no extensions. Knowing and willful violations can be misdemeanors with up to six months in jail. Much of the deterrent is practical: a complaint becomes a public story, and a candidate who has to return money or amend reports in October loses time and votes. Whether the caps are too low is a decision for the Legislature, which amended parts of the chapter again in 2026.

Why does an elected, partisan Secretary of State enforce the law against people running against his allies?

Because 67-6623 gives enforcement to the Secretary of State and county clerks, all elected, and 67-6625 gives prosecution to the Attorney General and county prosecutors, also elected. The safeguards are procedural: the office sends cases needing court action to prosecutors, and in 2026 it sent a complaint about its own officeholder's campaign to the Attorney General instead of judging it. Readers can check whether similar complaints get similar treatment by requesting the complaint log. Anyone who thinks the structure itself is wrong can press the Legislature for a separate commission.

Why doesn't anyone police lies in campaign ads?

Because the First Amendment makes it hard. In United States v. Alvarez (2012), the U.S. Supreme Court rejected the idea that false statements as a category fall outside constitutional protection. A state office deciding which campaign claims are true would be deciding political speech, which most people would not trust any officeholder to do. Defamation law remains for false statements of fact about a person made with actual malice. The cost of this choice is real: a misleading ad with a proper disclaimer can run until Election Day.

The FEC needs four votes to act. Isn't a federal complaint pointless?

Not pointless, but slow and uncertain. The FEC's process requires four commissioners to find reason to believe before it investigates, and the commission is built with no more than three members of one party. Matters can end without action when the commissioners split. A sworn complaint still creates a public record when the matter closes, and it puts the facts in front of the respondent and the press.

Pictures, Numbers and Infographics

The figures below come from news reports built on filed Sunshine reports. Totals change with every new filing, so each one carries its date. No verified count of registered committees was available, so that number is left out.

Figure	Amount	As of	Source
Raised by Idahoans United for Women and Families PAC, supporting 2026 Proposition 1	About $4.9 million, from more than 3,000 donors	September 29, 2026	Idaho Capital Sun, October 5, 2026
Raised by Too Extreme for Idaho PAC, opposing 2026 Proposition 1	About $2.5 million	Late September 2026	Idaho Capital Sun, October 5, 2026
Spent by the two Proposition 1 PACs combined	About $1.3 million	Late September 2026	Idaho Capital Sun, October 5, 2026
Independent expenditures on 2026 Proposition 1	$29,142.79 opposing; about $250 supporting	September 30, 2026	Idaho Capital Sun, October 5, 2026
Raised by Idahoans for Open Primaries for the 2024 open primaries initiative	More than $5.6 million (about $2.9 million of it raised by mid-October 2024)	Whole 2024 campaign	Idaho Capital Sun, October 5, 2026; mid-October figure from Idaho Education News, October 17, 2024
Campaign finance complaints to the Secretary of State	More than 60 (2024 cycle, by mid-May); more than 40 (before the May 19, 2026 primary)	May 2024; May 2026	Idaho Capital Sun, May 16, 2024 and May 29, 2026

Put the two Proposition 1 committees side by side and the outside money looks small. Supporters had raised about $4.9 million and opponents about $2.5 million, nearly $7.5 million together, while independent spenders had put in about $29,400. That is 29,400 / 7,500,000, or about 0.4 percent of what the two committees raised. So far in the 2026 fight, the committees carry the money, and their donor lists are public on the Sunshine portal. The 2024 measure ran differently: the same report put independent expenditures supporting the open primaries initiative above $4.4 million, against about $553,000 opposing. The Capital Sun also cautioned that inconsistent measure names in state records may leave some independent spending out of its totals.