Idaho Supreme Court Throws Out Ballot Titles for Primary Election Initiative
The Idaho Supreme Court has invalidated the ballot titles assigned by the office of Idaho Attorney General Raúl Labrador for a new ballot initiative related to Idaho’s primary elections. The court ordered Labrador to deliver new ballot titles by Friday afternoon following a legal challenge filed by Idahoans for Open Primaries and Reclaim Idaho.
Ballot titles are crucial as they inform the public and voters about the content and purpose of the ballot initiative. They need to be in place before Idahoans for Open Primaries can begin collecting signatures to qualify their initiative for the November 2024 general election.
The challenge alleged that the original ballot titles supplied by Labrador’s office were misleading and inaccurate. Supporters of the initiative also claimed that Labrador displayed personal bias against it due to a tweet he posted on May 2.
In their unanimous opinion, the Idaho Supreme Court justices agreed with some of the arguments put forth by Idahoans for Open Primaries and Reclaim Idaho. They found that the term nonparty blanket primary, used in the short ballot title, was not commonly understood and could lead to prejudice against the initiative. The court also noted inaccuracies in Labrador’s description of the ballot initiative, particularly regarding the requirement of ranked-choice voting for general elections.
While the court supported several of the challenges raised by the initiative’s supporters, it declined to extend the deadline for submitting signatures, stating that the Secretary of State’s Office was not legally obligated to do so.
If the initiative qualifies for the November 2024 general election and receives majority approval from Idaho voters, it would bring significant changes to Idaho’s primary and general elections. The closed party primary elections would be replaced with a single open primary that allows all candidates and voters, regardless of party affiliation, to participate. The top four vote-getters from the primary would then advance to the general election, irrespective of their party.
Additionally, the initiative would introduce an instant runoff or ranked-choice voting system for the general election. Voters would choose their preferred candidate in the general election and have the option to rank the remaining three candidates in order of preference. If no candidate receives a majority of votes, the candidate with the fewest votes would be eliminated, and their votes would be transferred to the second-choice candidate on those ballots. This process continues until a candidate secures a majority of votes and is declared the winner. It is important to note that voters would only need to vote once, and there would be no need for multiple general elections.
The Idaho Supreme Court’s decision is seen as a significant victory by supporters of the ballot initiative. They believe it will give all voters, regardless of party affiliation, the opportunity to participate in primary elections and reduce the influence of special-interest groups in selecting elected officials.
Labrador’s office has been instructed to submit revised ballot titles for the initiative by 4 p.m. on Friday. The court also awarded attorney fees to Idahoans for Open Primaries and Reclaim Idaho.
The Idaho Supreme Court’s ruling not only impacts the ballot initiative but also raises questions about the accuracy of the term open primary, suggesting that a more appropriate description for the proposed primary system would be a top four primary.
While the court’s decision has addressed some concerns, it remains to be seen how the initiative will progress and whether it will ultimately bring about the desired changes to Idaho’s primary and general elections.
