Can a political party hold its presidential caucus in a public school building, city hall, or other public facility in Idaho?
Plain-English summary
In 2022 Idaho passed the Public Integrity in Elections Act, which generally bars the use of public funds, resources, or property for candidate or ballot-measure advocacy. After Idaho switched to political-party caucuses for presidential nominations, Secretary of State Phil McGrane asked the AG whether parties could still use public spaces (state meeting rooms, city halls, schools) to run those caucuses. AG Raul Labrador concluded yes, there is an exemption that lets political parties use public facilities for caucuses, but it has two ironclad conditions:
- The facility has to be available to the general public "at such times and in such manner" the party wants to use it. That phrase tracks the legislative history: a space does not have to be open 24/7, but it does need to be the kind of public space that is normally rentable or open to outsiders.
- Every recognized political party (per § 34-109) must be given equal and fair access to the same facility. A city cannot let one party use the council chambers and refuse another.
The opinion is short and practical. It draws explicit line-drawing examples: a public school during school hours is not "open to the general public" and cannot host a caucus. The same school after hours or on weekends, when it is rented for community events, is fair game so long as access is open to all parties on equal terms.
What this means for you
If you are a political party chair planning a caucus
Pick public facilities that are already in the rental pool: community centers, school cafeterias rented after hours, city or county meeting rooms. Avoid facilities that are not normally open to the public during the hours you want them. Get permission in writing from the facility manager: Rep. Monks's testimony at H.B. 566 hearings made the point that getting permission "in writing" is the prudent practice.
If you are turned away, ask whether the facility manager has rented the space to other political parties at comparable times. The "equal and fair access" requirement creates a paper trail that supports a complaint or a request for reconsideration.
If you manage a public facility (school, city hall, library, county building)
Treat political party requests like any other community-rental request. The Public Integrity in Elections Act does not require you to open a facility that you would not otherwise rent out, but it does require you to apply the same rules to all parties.
Practical steps:
- Use a written rental policy that lists the facility's general public-rental hours and conditions.
- Charge the same rental fees and security deposits to all party requesters.
- Keep a log of which parties have requested and used the space.
- Do not advertise or promote a particular party's event; the facility's role is venue host, not endorser.
If you operate a school, the AG drew the line at school hours: during the regular school day the facility is for enrolled students and staff, not the general public, so it cannot be used for caucuses. After hours and weekends, when the facility is open for community use, it can be.
If you are a voter or party member
If your party rents a public facility for a caucus, that does not mean the facility is endorsing the party. The facility is providing equal-access rental space, not advocacy. If you suspect a public facility is favoring one party over another (different fees, different hours, different rules), you can raise the issue with the facility's governing body or, in some circumstances, file a complaint with the Idaho Secretary of State.
If you draft local government policies
This opinion is a roadmap for how to write a public-facility-rental policy that complies with both § 74-603(5) and § 74-601 et seq. Bake the equal-access requirement into your policy explicitly. State the public-rental hours, the fee schedule, and the booking procedure. Apply them uniformly to political parties.
Common questions
Q: Does this apply only to presidential caucuses?
A: The opinion was written in the context of presidential caucuses (the Secretary of State's specific question), but the underlying statutory exemption in § 74-603(5) applies to political-party use of public property generally, not just presidential caucuses.
Q: Can a city charge political parties a rental fee for using a public meeting room?
A: Yes, as long as the same fee applies to all parties (and presumably to comparable non-party renters). The exemption is from the prohibition on using public resources for advocacy, not from normal facility-rental fees.
Q: Can a school be used for a caucus during a school day?
A: No. The opinion is explicit: schools during school hours are not "generally open to the public," so they fall outside the exemption.
Q: What happens if a city refuses to rent its facility to one party but rents to another?
A: That violates the "equal and fair access" requirement. The party denied access can challenge the decision and request equal treatment. The opinion does not specify the enforcement mechanism, but the Public Integrity in Elections Act provides remedies in §§ 74-601 to 74-606.
Q: Is private property covered?
A: No. Senator Stennett asked this exact question in committee and Rep. Monks confirmed the bill applies only to publicly owned properties.
Q: What counts as "in such manner as they are available to the general public"?
A: Use the facility for the kind of activity the facility is designed for, in the way other community renters use it. A meeting in a meeting room is fine; turning a public swimming pool into a campaign rally is not (the manner does not match the facility's general use).
Background and statutory framework
The Public Integrity in Elections Act was enacted as H.B. 566 in 2022 and codified at Idaho Code §§ 74-601 to 74-606. The general rule in § 74-603 prohibits using public property or resources for political advocacy. § 74-603(5) defines "property or resources" broadly (goods, services, equipment, software, college extra credit, intangible property, facilities) but includes the carve-out at issue here: public property or resources that are "available to the general public, at such times and in such manner as they are available to the general public," can be used by a political party as defined in § 34-109, "provided that all political parties are given equal and fair access."
The legislative history shows the carve-out was designed for events that were already common practice. As Rep. Monks explained to the House State Affairs Committee on February 11, 2022: "These events have taken place on occasion as it was assumed they were allowed to do so but it would be prudent to get permissions in writing." The statute codified that prudent practice into a rule with two conditions: open-to-the-public and equal-access.
The opinion's most useful contribution is the school example. Schools occupy a unique status under Idaho property and education law: they are public buildings restricted during operations to enrolled students and staff. The opinion holds that this restriction means schools are not "generally open to the public" during school hours, and so do not qualify for the exemption during those hours. The same building, after hours, when offered for community rental, does qualify.
Citations and references
Statutes:
- Idaho Code § 74-601 et seq. (Public Integrity in Elections Act)
- Idaho Code § 74-603(5) (definition of property or resources, equal-access exemption)
- Idaho Code § 34-109 (definition of political party)
Legislative history:
- H.B. 566 (2022)
- House State Affairs Committee minutes, Feb. 11, 2022 (Rep. Monks's explanation)
- Senate State Affairs Committee minutes, Feb. 11, 2022 (Sen. Stennett's question, Rep. Monks's response on private property)
Source
- Landing page: https://www.ag.idaho.gov/office-resources/opinions/
- Original PDF: https://www.ag.idaho.gov/content/uploads/2023/09/23-87499-Response-OPN-23-3.pdf
Original opinion text
Best-effort transcription from a scanned PDF. Minor errors may remain — the linked PDF is authoritative.
STATE OF IDAHO
OFFICE OF THE ATTORNEY GENERAL
RAUL R. LABRADOR
ATTORNEY GENERAL OPINION NO. 23-03
TO: The Honorable Phil McGrane
Idaho Secretary of State
700 W. Jefferson Street, E205
Boise, Idaho 83702
Per Request for Attorney General's Opinion.
You requested an opinion from the Attorney General on whether Idaho law allows caucuses to be held in public facilities. This opinion addresses the question you have presented.
QUESTIONS PRESENTED
- Whether public facilities (i.e., state meeting rooms, city halls, schools, etc.) can be used by the political parties to conduct caucuses for the nomination of presidential candidates?
ANALYSIS
The Public Integrity in Elections Act generally disallows public funds, resources, or property to be used to advocate for candidates or ballot measures. However, there is an exemption that seems to allow political parties to run caucuses at public facilities so long as all political parties are given "equal and fair access" to the public facility. The applicable language of this Act is referenced below:
(5) "Property or resources" means 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. Public property or resources that are available to the general public, at such times and in such manner as they are available to the general public, are exempt from this exclusion and may be used by a political party as defined in section 34-109, Idaho Code, provided that all political parties are given equal and fair access.
Idaho Code § 74-603(5) (emphasis added).
The clear language of the statute indicates that political parties can use "[p]ublic property or resources that are available to the public." The only limiting language in the Act clarifies that the public property and resources must be used "at such time and in such manner as they are available to the general public."
The statute does not define the phrase, "at such time and in such manner as they are available to the general public." Fortunately, the legislative meeting minutes pertaining to HB 566, which was eventually codified as Idaho Code sections 74-601 to 74-606, shed additional light on this language. For example:
Rep. Monks presented H 566 which would allow equitable use of public areas for all recognized political parties wanting to have an event that is in accordance with the function of the location. These events have taken place on occasion as it was assumed they were allowed to do so but it would be prudent to get permissions in writing.
House State Affairs Committee meeting minutes, February 11, 2022, p.3 (emphasis added).
Senator Stennett asked if the bill would distinguish between general public areas and private properties with meeting rooms. Representative Monks responded that the bill applied only to publicly owned properties. He said the bill would only apply to areas where one had to request authorization for the use, such as a meeting room. He clarified that a space would not have to be always open to be considered generally available to the public, as long as it was open fairly to all parties.
Senate State Affairs Committee meeting minutes, February 11, 2022, p.3 (emphasis added).
Based on the comments captured in these legislative minutes, it appears that the legislature intended to allow access to political parties to utilize public facilities at a time when such facilities were open to the general public and in accordance with the function of the location.
While schools are open to enrolled students and educators during school hours, they are not generally open to the public at large. Thus, a school would not be available for political party use during regular school hours. If the school facility is open to the general public after hours and/or the weekend, however, political parties should be granted permission to use the facility. The school would also have to allow equal and fair access to any other political party wanting to use its facilities.
CONCLUSION
The clear language of the Public Integrity in Elections Act generally disallows the use of public funds, resources, or property for the advocacy of candidates or ballot measures. However, it allows political parties to hold caucuses at public facilities so long as all political parties are given "equal and fair access" to the public facility.
AUTHORITIES CONSIDERED
- Idaho Code:
§ 34-109
§ 74-601, et seq.
§ 74-603(5)
Dated this 15th day of September, 2023.
RAUL R. LABRADOR
Attorney General
Analysis By:
YVONNE DUNBAR
Division Chief, Deputy Attorney General
JEFFERY J. VENTRELLA
Associate Attorney General