Idaho Supreme Court wrestles with how to describe primary election ballot initiative

Supporters of the open primary initiative cannot move forward with signature drive until ballot titles are resolved

By Clark Corbin Idaho Capital Sun

Questions about how to describe a proposed ballot initiative that would change Idaho elections were the focal point of oral arguments before the Idaho Supreme Court on Aug. 7 in Boise.

The case involves the ballot titles for a proposed ballot initiative brought forward by Idahoans for Open Primaries. The ballot titles are important because they describe to voters and the public what the initiative is and what it does. There is a short ballot title of 20 words or less and a longer ballot title of 200 words or less.

The ballot initiative was in front of the Idaho Supreme Court on Aug. 7 because Idahoans for Open Primaries and Reclaim Idaho filed a legal challenge to the ballot titles that Idaho Attorney General Raúl Labrador’s office assigned to the ballot initiative on June 30. Reclaim Idaho is the same group that was behind the 2018 Medicaid expansion ballot initiative.

The short title from Labrador doesn’t call the ballot initiative an open primary but calls it a nonparty blanket primary.

“MEASURE TO (1) REPLACE VOTER SELECTION OF PARTY NOMINEES WITH NONPARTY BLANKET PRIMARY; (2) REQUIRE RANKEDCHOICE VOTING FOR GENERAL ELECTIONS,” the short ballot title reads.

The hearing Aug. 7 included an array of questions posed by sev- eral of the justices and a lengthy discussion of a tweet Labrador posted May 2 writing, in part, “Let’s defeat these bad ideas coming from liberal outside groups.”

During the hearing, attorney Deborah Ferguson argued Labrador failed at his duty to be an objective and impartial officer in his handling of the ballot titles. Ferguson also argued the term “nonparty blanket primary” is inaccurate.

“Glaringly absent in that title is any mention that the law would create an open primary system in Idaho,” Ferguson said.

“This is such an important part of the initiative process and the short title especially is the headline by which the public will know it,” Ferguson added.

Idahoans for Open Primaries are asking to have Labrador’s ballot titles thrown out and corrected by the court.

Meanwhile, the Idaho Attorney General’s Office is asking for the challenge to be dismissed and the titles to be retained. Idaho Solicitor General Theo Wold, who argued the case for the A.G.’s office, said Labrador followed the law and described the initiative in language that is truthful and neutral.

“Petitioners want the ballot title to call the measure an open primary, but it is not,” Wold argued. “Idaho used to have an open primary, but the system proposed here is distinctly different. The initiative proposes a nonparty blanket primary.”

Wold also argued that in his tweet Labrador was arguing against the concept of ranked choice voting, not the specific ballot initiative he was reviewing and assigning titles for. Wold argued that the justices should simply look at Labrador’s work product to determine he did not violate his role with the initiative.

Will the Idaho Supreme Court supply new ballot titles?

During oral arguments, Idaho Supreme Court justices raised questions about the accuracy of both the supporters’ use of “open primary” and Labrador’s office’s use of “nonparty blanket primary.”

“I was unable to find another external source that referred to this type of primary as an open primary,” Idaho Supreme Court Justice Colleen D. Zahn said during the beginning of the hearing. “Instead, they appeared to define open primary as still a party primary, but anybody, regardless of party affiliation is allowed to vote.”

About 20 minutes later, Zahn questioned Wold over how the Idaho Attorney General’s Office came up with the term it used.

“I couldn’t find where the term ‘nonparty blanket primary’ has ever been used by anybody other than the attorney general,” Zahn said.

During oral arguments, Ferguson and Idaho Supreme Court Justice Gregory W. Moeller discussed the possibility of instead using new ballot titles that refer to it as “a top-four open primary” with “ranked choice voting” in the general election.

Zahn also discussed the term “top-four primary.”

Oral arguments lasted just over an hour on Aug. 7. At the end, Chief Justice G. Richard Bevan announced the justices would take the matter under advisement. The justices did not announce a deadline for issuing a ruling.

In some notable recent cases, the Idaho Supreme Court has issued rulings in a matter of weeks.

For example, in the 2020 case of former Superintendent of Public

Instruction Sherri Ybarra vs. the Idaho Legislature, the court held oral arguments June 5 of that year and issued a ruling June 22.

What happens next for the Idahoans for Open Primaries ballot initiative?

The ballot titles are an important part of the initiative process, and supporters of the initiative cannot move forward with their signature drive until the ballot titles are in place.

As things stand now, the group Idahoans for Open Primaries has until May 1 to turn in signatures to qualify the initiative for the 2024 general election. To qualify, they will need signatures from 6% of Idaho voters statewide and 6% in 18 of the state’s 35 legislative districts. To meet the 6% statewide total, supporters will need to gather about 63,000 signatures from registered voters.

Then, if the initiative makes the election, it would take a simple majority of voters to approve it at the polls.

The initiative supporters have also requested an extension to their deadline to turn in signatures, saying the case over the ballot title issues has already dealt a significant setback to the effort.

This story was produced by Boise-based nonprofit news outlet the Idaho Capital Sun, which is part of the States Newsroom nationwide reporting project. For more information, visit idahocapitalsun.com.

Fire danger prompts Stage II fire restrictions across North Idaho

By Reader Staff

Moderate to severe drought conditions coupled with persistent high temperatures have contributed to the decision to raise fire restrictions to Stage II across North Idaho fire districts. These lands include those managed or administered by the U.S. Forest Service; Idaho Panhandle National Forests; Bureau of Land Management; the Coeur d’Alene Tribe; the Idaho Department of Lands; and the

U.S. Fish and Wildlife Service in Benewah, Bonner, Boundary, Kootenai and Shoshone counties.

Restrictions will remain in effect until further notice.

The fire danger rating has been listed at “extreme” across North Idaho since July 31, and has not changed, with multiple geographic areas experiencing large wildfires.

Under Stage II fire restrictions, the following acts are prohibited on restricted private, tribal, state, and federally managed or protected lands, roads and trails:

•Building, maintaining, attending or using a fire, campfire or stove fire;

•Smoking, except within an enclosed vehicle or building, a designated recreational site or while stopped in an area at least three feet in diameter that is barren or cleared of all flammable materials;

•Operating motorized vehicles off designated roads and trails in accordance with existing travel management plans for non-commercial purposes, including ATVs, UTVs and pickups;

• And, from 1 p.m. to 1 a.m., operating a chainsaw or other equipment powered by an internal combustion engine; blasting, welding or other activities that generate flame or flammable material; and using an explosive.

In local wildfire updates, the Buckskin 2 Fire reported on Aug.

4 is currently listed at 185 acres as of Aug. 8. Due to steep terrain, the fire is currently listed at 0% containment, with 80 personnel working on fire suppression. Road closures include the intersection of USFS roads 203 and 332, the intersection of 1021 and 332, as well as roads 1533 and 305 in Clark Fork.

For a full list of exemptions to the Stage II fire restrictions, see idl.idaho.gov.

Bouquets:

•We recently received a generous donation and a very generous donation from two members of our community. I’ll keep their names a secret, but I would like to thank them — and everyone who donates to the Reader — for such kindness. We really appreciate the support and we couldn’t make it without you all.

•Sometimes, I take for granted how good we locals have it sometimes. Sure, we can’t afford to buy a home, work menial jobs and often deal with some entitled tourists, but in another couple weeks or so, the town will drift back to the shoulder season and we can enjoy this place we love without all the hassles. A Bouquet goes out to all you locals out there, biding your time until the seasonal slowdown.

Barbs:

•There are a few areas around Sandpoint that are natural bottlenecks where traffic sometimes slows to a crawl because some drivers don’t take the time to know the rules of the road. I’m talking about the left turn lane at Yoke’s directly across from McDonald’s. When turning north into Yoke’s, drivers are supposed to skip the first ingress and turn at the second one, but it seems most people try to turn left right away, causing major congestion with traffic leaving Yoke’s and McDonald’s. Luckily, the lines were recently repainted, so it’s very obvious now where to enter Yoke’s parking lot. Another cluster seems to happen at the corner of Cedar Street and Second Avenue, with the curse of the “phantom stop sign.” I admit, this intersection makes me lose my cool sometimes, as I sit watching car after car stop on Cedar Street even though there’s no stop sign. With the slow crawl of summer traffic moving through downtown, this intersection can rob you of five minutes of your life before you can say “useless downtown street redesign.”

‘Message in a baggie’...

Dear editor, I ride my bike on early mornings and cruise town when the streets are void of cars. On a recent Sunday, I rode the northwest corner of town and noted plastic bags lying on the streets. Riding so quickly, I paid no attention and assumed it was leftover trash from a Friday trash pick-up. I began to see the same baggies on a number of other streets.

The baggies were lying at the center of every driveway and I thought there must be a message. Perhaps some event was to take place, an invitation to a block party or a birthday party in the neighborhood. I stopped and picked up a baggie and opened it. It had two little rocks and a folded flier. In ominous large block letters, a bunch of anti-Semitic language alongside with photos of President Joe Biden’s cabinet ministers and their titles.

There is a message here. It indicates there remains a cadre of hateful people in our community and they are at it again. These hurtful feelings are pernicious, persistent and cowardly, as usual. Littering (regardless of the message) is illegal.

City of Sandpoint Code 5-2-2: Littering Public Thoroughfares

Prohibited:

“It shall be unlawful for any person to scatter or throw upon the public thoroughfares any handbills, posters, advertisements or papers. Nothing herein shall be construed to authorize any person to obstruct the public thoroughfares or create any nuisance therein. These provisions shall not interfere or prevent the posting of notices required by law to be posted.” (1958 Code)

To the litterers: Give it up, your crusade is dead.

Barry Burgess Sandpoint

Dear editor,

Recently there was a letter from Sagle. The writer slammed our teachers and said that our young folks aren’t the sharpest tacks in the shed. This is an example of bullying. To me that was a horrible statement. Shame

Then there was a notice about a fundraiser for the trustees being recalled. It said “Keep West Bonner conservative.” Completely political. Schools should not be subject to political ideas. It should be about all people — regardless of political affiliations — working together and sharing ideas to provide the best education possible for our youth.

I also want to comment on residents coming to live here from different parts of the country. You left wherever you’re from for your own reasons. Why try to change your new choice to something you left behind? Fifty years ago, I moved here from New York because I was tired of the rat race. I embraced my new home here for what is. Thankful that it was not like the area I migrated from. And I hope to H— it stays that way, with normal progression.

Then there is a local pastor taking a stand on this non-religious debacle. That doesn’t sound ethical to me.

And finally, I want to remind you to vote. The day is approaching in a hurry: Tuesday, Aug. 29. Mark it on your calendar. Don’t rely on your neighbors or friends to carry the vote. It’s up to all of us. Get out there and vote. No excuses.

This is critically important for the future of our school district and our kiddos’ lives. Do this for all of us. Vote in favor of the recall. Recall, replace, rebuild.

Ernie Schoeffel Priest River

Dear editor, To King Bradshaw and Prince Omodt: When will you represent all the people of Bonner County, instead of simply running roughshod over anything proposed/ suggested/presented brought up by Serf Williams? Having Omodt in Dan McDonald’s old seat is like still having McDonald in the chair. Bradshaw and McDonald or Bradshaw and Omodt sure does not make much difference about our county commissioners and how they vote.

Still spending money on Sewell Engineering regarding the fairgrounds, when the Fair Board, County Planning and Zoning and the sheriff are all opposed to the Omodt/ Bradshaw proposal/land usage.

Not allowing for public comments/input at board meetings?

Who do you two think you are? Is there something going on behind the scenes that the public is not aware of? Exactly what’s in it for these two commissioners?

It’s time for you to listen to public input, whether for or against what you’re doing.

As far as I’m concerned, the two of you can take your dictatorial attitude and shove into the garbage can. You are supposed to represent the people of Bonner

County, not represent your own special interests.

The phrase, “Sandpoint: A beautiful place destroyed by ugly people,” seems appropriate.

Michael Harmelin Sandpoint

Dear editor, Reading Jennifer Ekstom’s article “Appreciating North Idaho’s great lakes” in the July 27, 2023 issue of the Reader reminded me of the Great Lakes of Michigan. Being raised near the shore of Lake Erie was magical. My dad taught me to fish on its shores, we went boating, swimming, watched fireworks, and played at the amusement parks on Boblo Island and at Cedar Paint. Wonderful memories, much like those near our beautiful Lake Pend Oreille.

But in the last decade those wonderful memories took a dark turn. We began to hear reports of toxic algae blooms appearing in Lake Erie and the other Great Lakes as well. One late night a news alert reported that toxicity had become dangerously high: “Don’t drink the water, bathe in it, wash dishes or clothes in it!” Terrifying!

There was communal panic. My husband had to drive 30 miles to get water for us until it started being distributed from the back of trucks at the township hall. Reading Ms. Ekstrom’s article brought all those memories, wonderful and horrific, flooding back.

Lake Pend Oreille is a treasure — even more so than Lake Erie. Maintaining the quality of our lake means everything. Don’t take it for granted. With pollution issues already being reported, sewage treatment unable to keep up, the explosion of new housing further stressing the system, we need to act now.

Go to a meeting. The Kootenai Ponderay Sewer District meets Monday, Aug. 14 at 6 p.m. You could also call them at 208-263-0229 or write to 511 Whiskey Jack, Sandpoint, ID 83864 and ask that they suspend new hookups. Stay informed. The Idaho Conservation League is just one place to do so: idahoconservation.org.

Patricia Hofmann Kootenai

Dear editor,

Here are the actual facts to set the record straight:

•Was the WBCSD office staff fired? Yes, they absolutely were. They were sent emails from Mr. Durst that they were all terminated and no longer employed by the district. They were fired, they did not quit;

•Did the ELA curriculum cost $20,000 to return? No, but it was not the $3,300 that they are telling you. It was a total of $9,075.66. The district office has the receipts, that’s a fact.

The recall effort is not a political one. Those in favor of the recall are community members, parents, grandparents, former teachers, business owners and good-hearted people. Our children’s education is our top priority. Spreading misinformation is not.

Vote for the recall Tuesday, Aug. 29.

Tamara Hirst Priest River

Dear editor,

During contract negotiations, Branden Durst has shown a lack of financial understanding in regards to the district budget, and is relying heavily on the support and assistance from the Idaho Department of Education for clarification and understanding of the district’s budget.

He has also demonstrated a lack of understanding regarding the software programs and procedures to run the district efficiently.

In and of itself, the two above instances are cause for concern. But the salient issue is that Durst wasn’t hired for his expertise in managing a school district (remember, he has zero experience).

In fact, it’s obvious that WBCSD Board Members Rutledge and Brown aren’t concerned a bit about Durst’s poor performance as long as their overall objective is met: first, to annihilate the district as it currently stands; second, to replace it with Christian charter schools.

Durst has admitted on his Twitter account (Dec. 29, 2022) that he will be, “Putting together incorporation documents and an application to open Idaho’s first Christian charter school. The school will leverage Hillsdale curriculum. There will be emphasis on biblical worldview and training up the next generation in Truth.”

There is nothing wrong, per se, with having a Christian worldview. The First Amendment protects that right.

Why, then, do Rutledge, Brown and Durst feel the need to rely on obfuscation and misrepresentation of what their true intentions are, while harming the very thing they are purporting to save? Not only is that un-Christian, but grounds for recall.

Mark your calendars for Tuesday, Aug. 29. Recall. Rebuild. Replace.

Glenn R. Hines Priest River

‘Inaction and distraction’...

Dear editor,

In 2018 I wondered why we were spending so much of our time working on problems facing Idaho, rather than enjoying our own lives. My sister said, “Because we are doing the work the government is not doing.”

Inaction and distraction by the Legislature forces us to resort to citizen initiatives to get critical things done.

We have Medicaid expansion because of a citizens’ initiative. More school funding was on the way in last year’s citizens’ initiative, except that the governor promised school funding and then — after we withdrew the initiative — he broke his promise.The Legislature even passed legislation aimed at making citizens’ initiatives impossible!

Legislators are attacking individual rights and meddling in family business. Prime examples are the right to read in our libraries, and legislators forcing the closure of an entire department in our hospital and driving doctors out of Idaho.

These moves are distractions from what Idahoans need and want, using up time and money, and expanding the power of state government. By offering circuses without bread, they cover up inaction on the part of too many of our elected officials.

Something’s gotta give, and we are ones who have to make it give.

Nancy Gerth Sagle

In support of aquatic herbicide treatments…

Dear editor,

There was a letter on Aug. 3 titled, “One thing we can all agree on is having clean water” [by Meryl Kastin and neighbors, of Sandpoint], and I absolutely agree with that notion on many fronts.

Good water quality is inherently essential, and especially important to me being that I swim in the Pend Oreille system on a near daily basis throughout the summer, every year.

The aquatic noxious weed flowering rush harbors the intermediate host that causes swimmer’s itch — something that contributes to what I would consider a degradation in clean water. The planned herbicide treatments by the U.S. Army Corp of Engineers targeting flowering rush is aiming to cover 26 total acres across six sites on Lake Pend Oreille using two chemistries — diquat and endothall — not glyphosate, as asserted in the referenced letter.

Their planned glyphosate treatment is to target terrestrial noxious weeds on the Clark Fork Drift Yard control booms — a separate project from the submersed treatments.

Glyphosate deserves more content than can be shared in a 300-word LTE, but in short, it has gone through the EPA’s re-review process and maintains registration for use in the United States. As for the EU opting not to continue registration for diquat, I cannot find any information beyond abstracts to back up their decision. When any of these chemistries are used in accordance with label directions and dosages, non-target safety is upheld and the integrity of water quality is not compromised. Equate it to using Tylenol — it is safe when used in proper dosages, for the specific purpose of alleviating pain.

The Corps has my support for the planned flowering rush treatments, and Jeremey Varley with the Idaho State Department of Agriculture also has my support for any potential treatments led by the state in the future.

Chase Youngdahl Sandpoint

Editor’s note: Chase Youngdahl is the noxious weed manager for Bonner County.

Junk mail…

Dear editor,

I received a piece of junk mail the other day in my mailbox. The word “junk” hardly describes it. It’s the type of propaganda that is the stock in trade of the extreme rightwing political agenda. Yes, the mailer had all the right catch words like “Woke” and “CRT” and “Progressives” and pictures of children playing and daydreaming and the usual logo of a donkey with a red line across it.

The controversy over the West Bonner County School District rages on into a recall.

What opponents of the recall would like you to ignore is that this is all part of the plan to promote the ideology of the far-right power grab in all our local institutions. Didn’t we just get a completely unqualified county assessor appointed by Scott Herndon and his minions? Thankfully, they were denied their try at the library by voters who saw through that power play. Now he and his agenda are on to the WBCSD via the school board.

The voters of the WBCSD are parents and good citizens who are trying to bring a balance to the school board that will include all the interests of those who are involved — not the ideology of just one narrow-thinking group.

As it is now, we have unqualified persons appointed by this agenda to run the future education of our children — at outrageously expensive contracts and benefits. This is wrong. You know it, I know it. This recall is a way to promote and nurture democracy in our community.

Vote for the recall on Tuesday, Aug. 29.

Darwin Jensen Sandpoint

Dear editor,

On Aug. 17, The Bonner County Zoning Commission will hold a public hearing regarding the proposed 117-unit Providence subdivision.

In 2012, when a development of only 39 homes was proposed on the same site, the city of Sandpoint would only agree to grant water rights if it annexed the subdivision into Kootenai.

In 2023, the developer received a “will serve water” from the the city of Sandpoint, for more than three times the amount of homes in the 2012 plan.

The developer has chosen not to annex into Kootenai, so as to avoid impact fees for its roads and services, yet managed to acquire water rights from Sandpoint.

If the board approves this, the developer will pay for none of the added stress on Kootenai’s roads and services, despite the inevitable impact that these 117 additional units will have on the surrounding area.

Unfortunately, this subdivision is likely to be rubber stamped.

How is this acceptable given the amount of growth in the past 11 years?

Kootenai will get nothing but more traffic congestion and water runoff from paved wetlands.

As proposed, this subdivision will add roughly 1,200 trips a day off Providence Road, and there will only be one ingress and egress.

At the very least, an alternative route would diffuse traffic congestion — already an issue on Highway 200 and Kootenai Bay Road — and allow residents on Providence to evacuate in the event of a fire, such as the one that leveled Paradise, Calif., where there was a similar lack of alternative routes.

But no, thanks to the Sandpoint’s “will serve” letter for water, the wellbeing of the residents of this community are being put at risk in favor saving the developer money.

Comments are needed. Our way of life is perishing for lack of vision.

Jeanelle Shields Sandpoint

Dear editor,

Thank you Jason Welker for realizing that the residents of Pine Street (and others) might like to see it remain a residential street. In all the conversations about the Couplet that may or may not be needed in 20 years, I was dismayed to hear the plans for Pine Street presented as a fait accompli, with seemingly little room for public comment.

I therefore appreciate our councilmember(s) taking up the cause. And, while they are at it, could they ask why we need another entrance to Route 2 on Ella? First, it will take additional traffic directly past the toddler park. And secondly, there is a perfectly good entrance one block over on Olive.

Let’s take some time to think about this folks!

Weslie Kary Sandpoint