The Republican Party’s governing body on Jan. 12th exercised its First Amendment Rights placing the Idaho Legislature in its proper role of public servants, not masters.
Big Rattler has been tracking the legal and political events surrounding the closed primary issue.
On Jan. 12, 2008 the Idaho Republican Central Committee (its governing body) with a 70% vote insisted on closing the primary to non-registered Republicans and further authorized party members to sue for closure should the legislature and party officials fail to act. This was accomplished by officially granting the party members legal “standing.”
But one has to read Judge Williams’ Nov. 17, 2007 decision on the Beck vs. Ysursa case, especially page 14:
The court explained that the First Amendment associational rights at issue “belong solely to the association ... the Republican Party, not to any individual candidate or voter.”The plaintiffs (the Republican Party members who did not have standing to pursue the case) nevertheless were told by Judge Williams that the party’s First Amendment Rights belong “solely” to the party. That does not mean the Idaho Legislature has superiority to the party’s First Amendment Rights.
The court also noted that even if the state’s election laws violated the associational rules of the party, the party had the ability to define its own remedy.
For example, if the party had adopted a closed party primary rule while the state permitted a blanket primary, the party could voluntarily choose to participate in the blanket primary and adopt the results, or adopt rules deciding who the party’s nominees were following a blanket primary by counting only the votes of registered party members.
The Republican Party’s governing body on Jan. 12th exercised its First Amendment Rights placing the Idaho Legislature in its proper role of public servants, not masters.
Judge Williams went on to say if the Legislature, via the election laws, violated the party’s First Amendment Rights, “the party had the ability to define its own remedy.”
Thus, the 2008 Republican Primary is closed. Should a GOP Legislative District organization choose to not abide by the results of a “blanket” (read, open) primary, then they could meet and possibly choose another candidate to represent them in the general election.
Granted, this is somewhat uncharted legal territory, but the fact remains the Legislature is subservient to the constitutionally protected rights of the party. This is the legal end-game, no matter how much some high-headed legislators like Sen. Dean Cameron wish it was otherwise.
Cameron told the Times-News (1/22/08) he prefers an open system where non-Republicans can influence the outcome of party primaries, but if forced to, he prefers the so-called “modified open primary.”
With all due respect to the good Senator Cameron, nobody gives a plug-nickel on what he prefers. He takes an oath to uphold and defend the Constitution and that means he is to protect the Republican Party’s and the Democratic Party’s and others’ First Amendment Rights to free association. End of story.
The Idaho GOP has clearly and specifically outlined how it wants to associate via a closed primary. The Idaho Democrats choose an open system to select their general election nominees. Cameron doesn’t need to think about it, or add his input; he was elected to insure these rights are protected.
The state’s job, and his, is to enact a proper process whereby these rights are protected. In other words, his job is to SERVE, not DICTATE. Geeeeeze! They have been in power so long, they forget the basics.
The Idaho Republican Party has exercised its First Amendment Rights. It’s time the legislators climbed down off their high-horses and fulfilled their obligation as duly elected officials. Failure to set aside their supersized Mc-Egos and politicize this issue is dereliction of duty.
The honorable course is to fully enact a state election process that protects the various parties’ constitutional rights. This issue is not up for political maneuverings. Either one does his DUTY as a PUBLIC SERVANT and UPHOLD THE OATH OF OFFICE, or one should resign.
The choice is clear for every Idaho Legislator ... Honor or Dishonor the First Amendment.
