Idaho Attorney General Finds Twin Falls School Board Chair Violated Elections Integrity Law
Why It Matters
A formal cease-and-desist warning from the Idaho Attorney General’s Office to a Twin Falls school board chairman is putting public officials on notice across the state: using school property, school time, and taxpayer resources to influence elections — even without naming candidates directly — can constitute a violation of state law.
The ruling has implications for public school administrators, teachers’ union officials, and elected trustees statewide as Idaho’s May primary election approaches and school funding debates continue to shape the political landscape.
What Happened
The Idaho Attorney General’s Office determined that Eric Smallwood, board chair of the Twin Falls School District, violated the Public Integrity in Elections Act based on comments he made at a mandatory staff meeting on January 5 held on school property.
At the meeting, Smallwood spoke about the importance of electing “pro-education” candidates in the May primary. He referenced voter turnout in the 2024 primary and cited two election results — one decided by 782 votes and another by 1,247 votes — figures that correspond to the elections of Twin Falls Republicans Rep. David Leavitt and Sen. Josh Kohl, respectively.
Deputy Attorney General Jeff Nye sent Smallwood a letter dated April 23, warning him that his conduct violated the law and ordering him to cease and desist from similar activity. Smallwood declined to comment when reached for a response.
Key Quotes from the Attorney General’s Letter
Nye’s letter was direct in its findings. “You may not have named them, but your message was clear: the staff should support public education by participating in the Republican primary and voting against the candidates who won the two races you cited from 2024,” Nye wrote.
The letter further stated: “In your public position as the school board chairman in the Twin Falls School District, you requested a meeting to discuss the upcoming primary, held the meeting on public property, made the meeting mandatory for public educators, provided a breakfast at the school district’s expense, and then used that opportunity to advocate against two candidates in Twin Falls County.”
Nye warned that future violations would result in civil penalties and attorney fees. “If we are asked to review your future conduct and find a violation of the act, we will seek a civil penalty as well as attorney fees to recoup the public expense of enforcement,” he wrote.
By the Numbers
- 782 votes — the margin in the 2024 Twin Falls primary race corresponding to Rep. David Leavitt’s election
- 1,247 votes — the margin corresponding to Sen. Josh Kohl’s election, both cited by Smallwood at the January meeting
- 4 Republican lawmakers from Twin Falls signed the formal complaint to Attorney General Raúl Labrador
- 1 cease-and-desist letter issued by the Attorney General’s Office as of April 23
- All 4 Republican signatories — Leavitt, Kohl, Sen. Glenneda Zuiderveld, and Rep. Clint Hostetler — are facing primary challengers in May
Teachers’ Unions and Coordinated Messaging
Nye’s letter also flagged the timing of Smallwood’s presentation alongside the Idaho Education Association’s “May Matters” campaign, which similarly emphasized the importance of primary election participation. The letter noted that the campaign’s talking points bore “striking similarities” to Smallwood’s own remarks.
Nye clarified that the IEA and Twin Falls Education Association are free to exercise their First Amendment rights as private organizations, but warned that Smallwood, as a public trustee, cannot use his official position to coordinate advocacy that circumvents election law.
The finding comes on the heels of broader legislative action targeting teachers’ union activity in public schools. Governor Brad Little signed HB 516 into law in April, prohibiting public schools from using taxpayer resources to accommodate teachers’ unions — a measure that passed in the final days of the legislative session. Rep. Hostetler, one of the four complaint signatories, debated in favor of the bill, arguing that union dues fund ideology that does not belong in the classroom.
What’s Next
Smallwood has been ordered to cease and desist from any similar conduct. Should the Attorney General’s Office review future activity and find another violation, civil penalties and attorney fee recovery are on the table.
The May primary election — the very election at the center of the controversy — is approaching quickly, and questions about public officials abusing their platforms are likely to draw continued scrutiny from Attorney General Raúl Labrador’s office and from Idaho lawmakers who have already moved aggressively to limit union influence in public schools.
The case sets a precedent that Idaho public officials must carefully separate their official roles from any election advocacy activity, regardless of whether candidate names are mentioned explicitly.
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