Brendan Gomez, the Constitution Party candidate for Idaho’s 1st Congressional District, pleaded guilty Monday to two counts of possessing child sexually exploitative material. The plea agreement resolves a case that began with his arrest in early July by Ada County Sheriff’s Office detectives at a Boise residence.
Criminal Charges and Sentencing Recommendations
State court records indicate Gomez was initially charged with 10 counts of willfully possessing child sex abuse material. Under the terms of the plea deal, he admitted guilt to two counts. Prosecutors have recommended a sentence consisting of a fixed term of three years in prison, followed by an indeterminate term of up to 12 years.
Gomez was booked into the Ada County jail following his arrest and remained held on $500,000 bail pending resolution of the case. His sentencing hearing is scheduled for Nov. 16, just weeks before the general election.
Federal Eligibility Rules vs. State Law
Despite the guilty plea, Gomez remains eligible to appear on the ballot for the U.S. House race. The deadline for candidates to withdraw from the November election was Sept. 4, and Gomez did not file for withdrawal before that date.
Under the Idaho Constitution, individuals convicted of felonies are ineligible for state or local office until they have fulfilled their sentences. However, the state constitution does not impose felony restrictions on federal elected officials. The U.S. Constitution sets specific requirements for members of the House: candidates must be at least 25 years old, U.S. citizens for at least seven years, and inhabitants of the state they represent. There are no additional constitutional bars regarding criminal convictions.
Gomez, 27, meets the age, citizenship, and residency requirements. While the U.S. Constitution does not disqualify him, House rules state that members convicted of crimes carrying sentences of two or more years “should refrain” from participating in votes and “should resign” from any committee assignments.
Political History and Election Context
Gomez has a history of running for public office in Idaho. In 2024, he ran for Congress and earned approximately 1.5% of the vote in the general election. Two years earlier, in 2022, he unsuccessfully challenged incumbent state Sen. Lori Den Hartog for District 22 in the Idaho Legislature.
In the upcoming Nov. 3 general election, Gomez will appear on the ballot alongside incumbent Republican U.S. Rep. Russ Fulcher, Democrat Kaylee Peterson, and independent Sarah Zabel. Voters in Ada County and across the Treasure Valley will have the final say on whether a candidate with pending felony convictions represents Idaho’s 1st District in Washington.
While Idaho law bars convicted felons from holding state office, federal candidates face different constitutional thresholds.