Idaho Attorney General Files Suit Against Ranked-Choice Voting/Top Four Primary Ballot Initiative
By Greg Pruett • July 25, 2024Idaho Attorney General Raul Labrador has filed a lawsuit against Prop 1, an Idaho ballot initiative that has enough verified petition signers to be on the ballot this November.
Prop 1 will implement Ranked-Choice Voting for the general election and a Top Four system for the primary.
Labrador released a statement through his office saying the initiative’s organizers, Idahoans for Open Primaries, misled petition signers about its purpose and that it violated Idaho’s “single subject” rule for initiatives.
In the press release, Labrador is quoted as saying,
“The so-called “Open Primary Initiative” has nothing to do with open primaries, and thousands of Idahoans were misled into signing the petition by signature collectors who misrepresented the initiative. Last year, the Idaho Supreme Court refused to let the initiative’s sponsors call the initiative an “Open Primary Initiative” and unambiguously ruled that the initiative does not propose an open primary system. The sponsors have not only ignored the Court’s direction, they have snubbed their nose at the Court’s ruling.
The sponsors also buried ranked-choice voting in the initiative and again misrepresented the initiative to voters. Idaho law does not allow such abuse of the initiative process. It is unacceptable and jeopardizes the integrity of the Court’s prior ruling and the initiative process itself.”
AdvertisementLabrador closes by saying,
“An ‘open primary’ is what Idaho had before 2011,’ but ‘[t]he initiative and the old system have essentially nothing in common.’ Nevertheless, ‘the initiative’s sponsors disregarded the Court’s ruling and sold the initiative as ‘open primaries’ anyway. By doing so, they violated Idaho Code § 34-1815 and voided the signatures supporting their initiative.”
In 2011, the Republican Party changed from an “open primary” system to a “closed primary” system. Under the open primary system, any registered voter could vote in the Republican primary, no matter what party they belonged to or if they were registered as an “Independent.” However, under the “closed primary” system implemented in 2011, only registered Republicans can vote in the Republican primary.
AdvertisementThe Idaho Democratic Party operates under an open primary system. The Constitution Party of Idaho had an open primary system prior to 2024 but closed its primary for the 2024 primary. The Libertarian Party of Idaho also had a closed primary system for 2024.
Labrador is asking the Idaho Supreme Court to order the Idaho Secretary of State’s office to refuse to put the measure on the ballot.
On using the phrase “open primary,” Labrador refers to an ISC opinion from last year. Ashley Prince, who is listed as an employee of Reclaim Idaho, changed the description of the initiative from an “open primary” to a “top four primary” during a dispute over the initiative’s title, which is mentioned in the abovementioned opinion.
Labrador argued then that the term “open primary” is significantly different than what the petitioners were seeking to do in Idaho’s election. The petitioners argued that the term was similar to what is used in other states, but the ISC disagreed and said in Idaho, the term would not be distinctive enough.
The court said the following about the use of the term “open primary” for the initiative:
“In the face of this evidence that an “open primary” means something significantly different than what is proposed by the Initiative, Petitioners still maintain that the term “open primary” is accurate because other states have used it to describe similar primary election systems that have either been adopted or proposed in those states.
While other states may have used the term, we conclude that it is not distinctive in Idaho given Idaho’s history. Use of “open primary” in this state would not be distinctive because it does not accurately distinguish the new voting system the Initiative proposes from Idaho’s previous open primary system.”
Finally, Labrador argues that the Ranked Choice Voting system for the general election and the Top Four system for the primary are two separate issues and violate the Idaho Constitution’s “one subject” rule. The section can be found in Article 3, Section 16, which says,
“UNITY OF SUBJECT AND TITLE. Every act shall embrace but one subject and matters properly connected therewith, which subject shall be expressed in the title; but if any subject shall be embraced in an act which shall not be expressed in the title, such act shall be void only as to so much thereof as shall not be embraced in the title.”
Labrador argues that the Ranked Choice Voting and Top Four primary would need separate initiatives and should not be allowed to be combined into one.
In response to Labrador’s lawsuit, Idahoans for Open Primaries said Labrador was trying to interfere in the election.
The group posted on X,
“AG Labrador is suing to remove Prop 1 from the ballot. Instead of letting voters decide, he’s attempting to interfere in the election to deny voters a voice. He won’t succeed, because there’s nothing unconstitutional about letting all voters participate in primary elections.”
Additionally, the group said Labrador was disregarding the voice of 97,000 voters. They posted an additional comment on X saying,
“With complete disregard for the voices of 97K Idahoans who signed the Open Primaries Initiative, AG Labrador is asking the court to order the Secretary of State “to declare that all signatures supporting the initiative are invalid.” We won’t let that happen. #YesOn1“
Co-founder of Reclaim Idaho, Luke Mayville, said Labrador was trying to hold onto a broken system. He is quoted in the Idaho Press saying,
“The attorney general is one of many politicians who has benefited from a broken system, and is trying to keep it. Many powerful opponents of this initiative don’t like the idea that ordinary voters would choose their own leaders; they want to handpick our leaders themselves.”
According to the lawsuit, the Secretary of State must submit the ballot title to the counties by September 7 for Prop 1.
Tags: Idaho Attorney General, Idaho Supreme Court, Idahoans for Open Primaries, Luke Mayville, open primary, Phil McGrane, Ranked Choice Voting, Raul Labrador, Reclaim Idaho, Top Four Primary
19 thoughts on “Idaho Attorney General Files Suit Against Ranked-Choice Voting/Top Four Primary Ballot Initiative”
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Ranked-choice voting explained.
https://www.youtube.com/watch?v=XXdmq_pTr8A
Another way.
https://www.youtube.com/watch?v=oHRPMJmzBBw
Lots of Californians moving to Idaho. Most Californians will destroy where ever they swarm to , as they destroyed California.
So I get to decide where your liberal vote goes towards? Sweet! I promise it’ll go towards your second choice!
Mr. Attorney General…you are a gentleman and a scholar, sir. My hat is off to you for continuing to do the right thing in the face of the left…
Thank you, sir for upholding the law.
I couldn’t have said it better myself! I second that motion, Habennaro!
Keep on fighting communism, corruption, and stupidity, AG Labrador. Idahoans and, indeed, all Americans thank you.
Why are they trying to fix something that isn’t broken, very suspicious! Let’s keep the voting procedures that we’ve always had. They’ve worked. Thank you Attorney General Labrador.
If Labrador’s suit doesn’t keep this initiative off the ballot and it is passed in November, the Secretary of State’s office did verify that, if passed, the Legislature will be able to overturn the initiative. Closed primaries are not the “voting procedures that we’ve always had.”
Democrats have created this. Idaho republicans have closed primaries because democrats use crossover voting to manipulate primary voting. They register as republicans during the primaries to elect the weakest candidate, then switch to democrat to vote in the general elections to elect their democratic candidate. They have done this very successfully in my area for years. Called crossover voting. Now they want Rank Choice Voting. No thanks.
Without a doubt AG Labrador is one of the most effective AG’s in the country. He is a shining star in the Idaho political landscape. God Bless this man.
Praising Jesus for AG,Raul Labrador! There are many who want Idaho to be like California! NO!
Those who want that need to leave Idaho! Go live in California, New York, Chicago, etc.
Leave Idaho alone, we have more conservatives here than ever! No Rank Choice Voting!!! Keep & protect our Farmlands!
Don’t give into those buying up land to build massive apartments or to push our farmers out, or turn Idaho into concrete cities!! Take a stand to protect Idaho from brainless idiots and woke ideologies!
All people needGOD.com
I think what closed primary system has become is completely unacceptable. This deceptive bill, however, is worse.
Political parties have the right to choose their own candidates for office without subterfuge and manipulation by their opponents. If you disagree, I refer you to the First Amendment’s association clause.
Kent, Commiefornia is calling. They have some nice places that are available. They’ll have all the policies that you deem “acceptable”. By your comments it seems Commiefornia would be a “more acceptable” place for you to live. If you do, make sure to hold your wallet tight from all the illegal freeloader invaders (who are welcomed by the commie governor) who think what’s yours is theirs, and their sj governor who thinks everything is his to give out as he sees fit. Ah, the joys of communism. Enjoy!
Ps- they have plenty of “free housing” on the sidewalks thanks to the “caring” governor (tyrant)
I had no idea what these people were up to until I checked out the Rand Choice Voting system in Alaska. Thank you for checking and finding what else they were up to when they had the petitions signed. There is no room in Idaho for such deception!
The Idahoan’s keep reelecting the incumbents that steal and redistribute their income. Can’t fix stupid
Ranked Choice Voting is a scam, designed to combine the votes for the losers to defeat the top choice candidate.
“Ranked choice voting” (RCV) (a democrat hand up) is another scam from the freedom hating fascist democrats.
RCV is voting welfare for the democrats. They love “free stuff” so much that now they want free votes. What else can you expect from the party of the criminal. The party that doesn’t prosecute open theft in stores!!! which invites more theft from the criminals (their constituents).
Some of their best scams to date have been the scamdemic, the scam 2020 election, the J6 “insurrection” (infiltration) scam, the “save our democracy” scam, the fake kidnap of MI governor scam, the “global warming” scam, etc, etc, etc.
The last initiative (Medicaid Expansion) approved by a MAJORITY of the MInority who actually vote has ended up being the single biggest item now in the state budget, even bigger than public education, and is NOW costing Idaho taxpayers millions of dollars! And it will CONTINUE TO GROW BIGGER AND BIGGER EACH YEAR!
And yet, in the four or five years preceeding that initiative, the legislature had REPEATEDLY REFUSED TO FUND MEDICAID!
WHY DIDN’T THE PEOPLE LISTEN TO THEIR ELECTED REPRESENTATIVES?
NOW, once again we find that the Idaho Legislature passed a bill outlawing Ranked Choice Voting.
And now, once again, here comes the initiative supporting Ranked Choice Voting but confusing the issue by presenting another issue at the same time (WHICH VIOLATES IDAHO LAW WICH ALLOWS ONLY ONE ISSUE AT A TIME) – OPEN PRIMARIES in order to deflect attention from Ranked Choice Voting!
Hence the LAWSUIT by the Idaho Attorney General.
When will the people ever learn?
Medicaid Expansion, Ranked Choice Voting and Open Primaries are ALL VERY BAD IDEAS and will end up costing taxpayers millions and millions of $$$$$$!
25 – 40 MILLION JUST TO IMPLEMENT Ranked Choice Voting!
Several states, having adopted Ranked Choice Voting are now trying to GET RID OF IT!
And that will cost even more money!
When will we ever learn?
Just say NO to RANKED CHOICE VOTING and OPEN PRIMARIES before it is too late!
Thank you for fighting for our rights to have a legal vote. Thank you for fighting these demarats who always lie and cheat.