Is Prop 1 Legal? The Idaho AG's attempt to remove Prop 1 from ballot fails, but legal questions remain. By Secure Idaho Elections (09/13/24)

secureidahoelections.substack.com/p/is-…

Proposition 1, technically titled Idaho Open Primaries Act, combines Top 4 (Jungle) Primaries with Ranked Choice Voting (RCV) General Elections.

The Secure Idaho Elections post summarizes failed challenges by Idaho’s Attorney General Labrador to stop Prop 1 from appearing on the November 5 ballot, as well as other legal and constitutional challenges Proposition 1 will face if it passes.

Attorney General Defeats:

1. Ballot Title Issue: Idahoans for Open Primaries successfully challenged AG Labrador’s titling the proposition as “non-party blanket primary.” Prop 1 now uses the term “Top 4 Primary” throughout.

2. Idaho Supreme Court Dismissal: AG filed suit on two issues:

   1. Signature collection process for the initiative was misleading. The Court ruled that suit must first be taken up by a lower court, which then dismissed it.

   2. Violation of the single subject requirement for initiatives. Court will rule only if the proposition passes.

Additional Legal Questions:

1. Does Prop1 Violate the US Constitution? The US Supreme Court (Jones vs Democratic Party of California) ruled political parties have a First Amendment right of association and can therefore decide who is or is not a member of the party. In other words, political parties have a right to close their primary.

2. Does Prop1 Violate Idaho State Constitution?

   1. Article III.16: Legislation must stick to a single subject. AG Labrador says Prop 1 has two subjects (Top 4 primary plus Ranked Choice Voting general election). Proponents claim just one subject: Elections.

   2. Article IV.2: For the seven highest statewide offices (Governor, Lt. Governor, Attorney General, Secretary of State, Treasurer, Controller, and School Superintendent), the Idaho Constitution says ‘highest number of votes’ wins, with no exception that they also have over 50%. Prop 1 requires over 50% and uses ‘ranked choice voting’ (RCV) computer-managed calculations to determine the winner.

      The complex issues involving Top 4 primaries for the seven aforementioned state offices as well as different handling for the lower offices are untenable for smooth, fiscally responsible operations and fair elections.

   3. Article III.19: Prop 1 could illegally infringe on the counties’ right to run their own elections. Combined with the Article IV violation, Prop 1 could be disallowed in county and municipal elections; thus, its only use would be federal elections of US Representatives and Senators.

See also: eolson47.substack.com/p/jungle-primarie…

🚫 DEFEAT PROPOSITION 1 👎 VOTE NO!

Proposition 1: Top-Four/Jungle Primaries + Ranked Choice Voting = Idaho Elections Disaster