Calls for Investigation into Democrat Candidate Swapping in Canyon County

Republican Precinct Committeewoman, Heidi Smith of Canyon County, has asked the Idaho Attorney General’s office to investigate the Idaho Secretary of State’s office regarding the attempt by Democrats to swat two of their candidates in District 11, which allegedly violated Idaho law.

Several days ago, Idaho Dispatch broke a story about two Democratic candidates, Toni Ferro and Anthony Porto, who withdrew from their legislative races and were appointed to different races by the Canyon County Democratic Party. However, the Republican candidate for District 11, House Seat A, Kent Marmon, challenged the change under Idaho Code 34-717(2); a candidate cannot be reappointed to another race unless the candidate who was previously running in the race has died.

Idaho Dispatch obtained a copy of the email Smith sent to the Idaho Attorney General’s office, which says,

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“Dear AG Labrador:

Yesterday I copied you on an email to our Secretary of State Phil McGrane regarding the violation of Idaho Code 34-717 which occurred when two Democratic candidates in District 11 withdrew from their races and were subsequently each appointed by the Idaho Democratic party to the race from which the other withdrew.

Today, Rob McQuade from the Secretary of State’s office contacted at least one of the District 11 GOP candidates impacted by this switch-and-bait tactic, and indicated that someone in the Secretary of State’s office had told the Democratic party that this was permissible. McQuade indicated that the Secretary of State’s solution to the problem was simply to nullify the withdrawals and continue forward as if nothing had happened.

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With regard to election integrity, this solution is unacceptable. In a common paraphrase of a statement made by Thomas Jefferson, “Ignorance of the law is no defense.” It is disturbing that Democratic officials and candidates would suggest such a scheme to begin with. As a matter of ethics, making this kind of a switch cannot be construed as anything less than trying to manipulate the upcoming legislative races to their advantage (real or perceived). Both the Democratic party officials who made the appointments and the two candidates who agreed to this switch attempted to undermine fair election policies with last-minute “jockeying,” and should have been well aware of 34-717.

Given the intent of manipulation and the fact that the only LEGAL move they made was to withdraw, that action on their part should stand; at that point the law should apply so that they are both completely out of the two races in question. Furthermore, since the Democratic party was clearly complicit in these actions in violation of state code, they should be barred from appointing anyone else to either race for this election cycle. Unless there is enforcement of the code, there is no sense in having the code at all!

With regard to Phil McGrane’s office, there should be an investigation of this event with full transparency. WHO told the Democrats this was acceptable? Is there a lack of training of Mr. McGrane’s staff and/or a lack of protocol to follow? Such errors are a threat to our election integrity.

I firmly believe that this is an issue which needs to be taken up at the state level, and likewise as a Republican holding a minor office myself, it is my belief that as a party, we also have a responsibility to ensure accountability in the offices headed up by people of our own party. I would add that it would be unfair to only sanction the Democrat players in this malfeasance without sanctioning those in our own party who allowed it to happen.

Election integrity is a highly concerning issue for Idaho’s citizens. We need followup and appropriate actions taken to stop these kinds of abuses from happening, rather than just putting figurative bandaids on them and expecting them to go away.

Sincerely,
Heidi Smith
PC 01-09 (Canyon County)
Parma, Idaho”

Idaho Dispatch spoke with Idaho Secretary of State Phil McGrane, who confirmed that someone in their office told the two candidates they could withdraw and be appointed to different races. McGrane said that was a mistake on their part because the code does not allow for this type of change.

McGrane said his office is in contact with the AG’s office to find a remedy for the situation, and he will announce it soon.

Idaho Dispatch contacted the Idaho Democratic Party for comment but did not receive a reply.