Four conservative state legislators from Twin Falls say they’ve asked the Idaho Attorney General’s Office to review their concerns over comments the Twin Falls School District’s board chair made at a district staff meeting this month.
Board Chair Eric Smallwood, who is also president-elect of the Idaho School Boards Association, encouraged district employees at the Jan. 5 staff meeting to vote in the May primary election and talked about supporting pro-education candidates. Smallwood did not name specific candidates or legislators.
“I got to thinking about the importance of voting and about how public education is kind of under attack from a certain subset in our state,” Smallwood told EdNews on Tuesday.
But Twin Falls Sens. Glenneda Zuiderveld and Josh Kohl and Reps. Clint Hostetler and David Leavitt say some of Smallwood’s comments may have violated Idaho Statute 74-604, which prohibits public officials or employees from advocating for or against a candidate or ballot measure. The lawmakers signed a Jan. 8 letter to Smallwood alleging the violation.
The four Republicans are members of the hardline conservative “Gang of Eight,” which supports spending cuts and maintenance-only budget requests.
The letter to Smallwood questions whether it was appropriate to use district authority and public resources to address a partisan election, and if the trustee’s comments constituted political advocacy rather than neutral civic information.
Zuiderveld published a Substack blog post Monday evening with a series of quotes that Smallwood made at the staff meeting, which started at 8 a.m. and was required for staff members working that day.
“Idaho Code § 74-604 exists to protect public employees from political pressure, preserve institutional neutrality, and ensure that taxpayer-funded entities are not used — directly or indirectly — to advance electoral objectives,” Zuiderveld wrote in her blog post.
The lawmakers’ letter keys in on when and where Smallwood made his comments to district staff.
“You addressed political and electoral topics in a workplace setting convened by the district and attended by subordinate employees during paid worktime,” the lawmakers wrote.
READ: Full transcript of Eric Smallwood’s comments
In the full transcript of Smallwood’s comments, which Twin Falls School District sent to EdNews on Tuesday, the board chair began with an overview of how the Idaho Legislature is organized and then said there are “quite a few” legislators who don’t support public education.
“We need your help electing legislators who support public education,” Smallwood told district employees, according to the transcript. “Our mission and our ability to carry on the mission of public education depends on it.”
Smallwood told the employees that legislators introduced 108 education bills last year, some of which had the goal of “dismantling public education as we know it.” He encouraged registered Republicans in the crowd to pay attention and vote in the primary. Only registered party members can vote for candidates in Idaho’s closed primaries.
Smallwood noted that a small portion of residents actually participate in the primaries. In District 25, the city of Twin Falls, 3,008 residents voted for Kohl and 2,744 voted for Leavitt in the May 2024 primary, according to state election results. There are about 54,000 residents in the district.
Though Smallwood did not mention names in his speech, he told the employees in attendance that they could swing the upcoming May primary election.
“And let me be clear on one thing though,” he said, according to the transcript. “I’m not telling you who to vote or how to vote or who to affiliate with or anything. I am asking, begging, pleading for you to vote though, especially those of you affiliated with Republicans because you are the only ones whose vote will end up mattering.”
Smallwood concluded by telling the staff members that they can contact him if they have questions about which candidates support public education and which do not.
“I am at your disposal if you have any questions on how we can help public education,” Smallwood said at the meeting.
The trustee’s comments raised “serious concerns,” the lawmakers wrote in their letter to Smallwood.
Zuiderveld’s blog post includes Smallwood’s response.
“I have read and reviewed your letter. I don’t believe I violated Idaho Code 74-604 at all,” Smallwood wrote. “Thank you for your concern for our approximately 9,000 students and staff.”
The attorney general’s office did not immediately respond to a request for comments about the lawmakers’ complaint.
