Constitutional Law

Federal court sides with Idaho GOP in open-primary fight

By By The Associated Press

BOISE, Idaho — A federal judge yesterday declared Idaho?s 38-year-old system for holding open primaries unconstitutional and handed conservatives in the state Republican Party a victory in their bid to make sure only registered party faithful take part in primary contests.

The ruling by U.S. District Judge B. Lynn Winmill deals specifically with Republican primary elections and paves the way for the GOP controlled Legislature to begin working on changing state law to revise the rules for casting ballots in those early nominating contests.

The decision was cheered by Republican party leaders, who for years have complained the open-primary system allowed Democrats and Independents to cross over and skew results in some of most competitive primary races.

?This decision will allow the Idaho Republican Party to decide how to conduct its primary elections,? Republican Party Chairman Norm Semanko said in a statement. ?We only ask, and have a right to expect, that members of the Democrat Party or other political parties will not choose our candidates for us.?

The state party filed its lawsuit in 2008, setting up a legal and philosophical tussle with some of the state?s top elected Republican officials.

The secretary of state, Republican Ben Ysursa, defended the state?s open-primary system in court, and Republican Gov. C.L. ?Butch? Otter at one point questioned the merits of dismantling an election process that has enabled Republicans of all stripes to dominate the statehouse and Idaho?s four congressional seats.

Ysursa called the ruling disappointing and said no decision had been made yet whether to appeal.

?My personal feelings on this have been clear throughout: I don?t know what?s broken here,? Ysursa told the Associated Press. ?I think the Republican Party?s success in recent years has been quite remarkable with the open-primary system. It?s pretty hard to argue against the success we?ve had at the polls.?

Idaho Republicans even strengthened their stranglehold on Gem State politics last year. In the current Legislature, Republicans hold 28 seats in the Senate, compared to 7 Democrats. In the House, the GOP has 57 of the 70 seats. Republicans own all the top elected state offices and all four congressional seats.

But a growing conservative wing in the party was far from satisfied and contended that voters they call ?Republican lite? or identify more with moderates and independents hold too much sway in the primary races.

During a trial last fall, party attorneys claimed the open primary, by its very nature, infringed on their First Amendment right to free association. They argued that the open primary lumps die-hard, registered Republicans in the same voting bloc as nonmembers.

Too often, the open-primary system diluted the nominating process by forcing candidates in tight races to moderate their message to appeal to a broad spectrum of voters.

Winmill agreed, saying the right to free association is also founded on the right not to be required to associate with certain groups. He also validated evidence presented at trial showing that past primaries were influenced by crossover voting by Democrats and Independents.

?Idaho?s current open primary system, as applied, forces the Idaho Republican Party to associate with, and have their nominees and positions determined by those who have refused to affiliate with the party,? Winmill wrote. ?The current primary system in Idaho imposes a severe burden on the Idaho Republican Party?s First Amendment rights.?

Ysursa said he expects legislation will emerge in coming weeks to close the GOP primary.

Idaho Democrats said voters will ultimately be the biggest victims in a future of closed primaries.

?Public elections are not meant for private clubs,? said Larry Grant, the new Idaho Democratic Party chairman. ?Once again, the Republican Party is purging their ranks and requiring a loyalty oath to participate in the voting process. The Democratic Party welcomes all those voters across the state who have now been thrown out by the Republicans.?

Full post as published by First Amendment Center on March 02, 2011 (boomark / email).