Idaho: Full Participation and Democratic Openness v. Narrow Partisan Interests

Yesterday attorney Harry Kresky reported on his recent trip to Idaho to help defend independents there facing attack from a faction of the Idaho Republican Party hoping to close the primaries in order to control the electorate. Idaho does not have partisan registration, so closing the current open primary system in Idaho would require voters to declare a party.

Today Kresky and Idaho attorney Gary Allen filed this post-trial brief commenting on this important case.

Here's the conclusion of the brief and you can read the whole thing below.

The State of Idaho has adopted a primary system that protects important interests, including full participation and democratic openness. The State has determined these considerations are more important than narrow partisan interests. Idaho has a political culture that allows people to function not as Democrats or Republicans, but as citizens seeking to elect the best possible candidates to public office. The evidence shows that this system is working, and virtually all voters are voting sincerely for the person they believe is the best candidate, or at least one who is acceptable. The IRP [Idaho Republican Party] in Government dominates the Idaho legislature, but it has not voted to change the current system. The State's post-trial brief will speak to the substantial administrative burdens and expense of implementing the relief sought by the IRP Organization.

As a final point, Defendant-Intervenors emphasize that, should the IRP Organization prevail, independent voters, now twenty-eight percent of the electorate, would be barred from participating in the election that very often is the only one that counts.

Post Trial Brief Kresky Allen Idaho Case 1-08-Cv-00165-BLW