Two plans go against GOP closed primary rule

Excerpt from the Times-News (March 14, 2008):

By JOHN MILLER

BOISE, Idaho - There’s another effort afoot to resolve Idaho’s ongoing political scuffle over restricting the state’s Republican primary elections to GOP-registered voters.

Secretary of State Ben Ysursa introduced a plan Friday in the Senate State Affairs Committee that would record what ballot a voter choses in the state’s official poll book, if a political party demands it.

Keith Allred, who directs the Idaho good-government group The Common Interest, backed a separate plan to let Republicans vote in Republican primaries, Democrats vote in theirs and still give unregistered independents the choice of either ballot. If either party is unhappy with the plan, Allred’s proposal allows them to hold their own candidate nominating process at their own expense.

The proposals follows a federal lawsuit last year by conservative Republicans who want to close Idaho’s primaries, arguing that crossover voters were skewing results toward more moderate candidates. Rod Beck, who led the legal challenge that was thrown out of U.S. District Court in November, panned both Ysursa’s and Allred’s plans, saying if either were passed, members of the Republican Party would sue again.

“What our party rules specifically say is only those registered in the Republican Party can vote in a Republican primary,” Beck said. “Any system that allows anybody but a publicly registered Republican to vote in a Republican primary is a contravention of Republican Party rules.”

Read entire article …

Idaho Democrats to hold “closed” caucus Feb. 5th

Dear Friends,

On Tuesday February 5th the Idaho Democrat Party will be holding a “closed” caucus in most of the Idaho’s counties to start the process of choosing delegates to their national convention to select the Democratic nominee for President of the United States.  
 
This process is open only to Democrats.  Each person attending will be asked to sign an oath affirming that they are indeed a member of the Democratic Party and contains the following or similar language;
  
“I am or will be a qualified elector by [Nov. 4] for the 2008 general election.  I reside in ______________ County, and I am a member of the Democratic Party.  Should the party desire to publish my name as such, I hereby agree.”
 
If you are curious and would like to know more about how the Democrats hold a closed caucus you can go to their web site here.
 
I respect the right of the Idaho Democrat Party to hold a closed caucus to choose their candidate for President of the United States.  They have every right to prohibit Independents, Republicans and anyone else who is not a member of the Democrat Party from participation. 
 
However, I do object to the hypocrisy that the Idaho Democrat Party displays as they criticize the Idaho Republican Party’s effort to prohibit Democrats, and other non-Republicans from choosing our leaders.  The Idaho Democrat Party bosses have been loud and vocal in their denouncing our efforts to prohibit Democrats and other non-Republicans from helping us choose our candidates. 
 
To demonstrate that the caucus is NOT open to all citizens of Idaho I plan to bring several members of the Idaho press to the Ada County location and ask to enter without signing their oath.  I will of course be denied because I am a Republican.
 
If you have the time, notify your local press and do the same thing in your county.  Remember, we should be respectful of the Democrats’ First Amendment rights to hold a closed selection process.  We are trying to enact a system in Idaho that allows us the same privilege as the Idaho Democrats in the selection of our Republican candidates, namely, to allow just Republicans to select our Republican candidates.      
 
Sincerely,
  
Rod Beck
4257 Tattenham Way
Boise, Idaho 83713
 
H  (20 376-9797
M (20 859-4335

Idaho Republican Central Committee reaffirms solid support for protecting Republican primary process

(Boise) — The Idaho Republican Central Committee is the governing body of the Idaho Republican Party whose members met in Boise on January 12, 2008.  They overwhelmingly voted for a resolution that formally insists upon ending the practice of allowing Democrats and other non-Republicans in Idaho to vote on an Idaho Republican Primary ballot, thus protecting the integrity of the Party’s nominating process.

The vote was a landslide win with 70% supporting the resolution calling on party leaders to implement the rule passed June 2, 2007 either by legislation, or court action, if necessary.  The vote tally was 89 to 39.

Republican legislators, party leaders, including Chairman J. Kirk Sullivan, and the Secretary of State have been duly informed of the Committee’s actions.

Further, the resolution also specifically authorizes party members in the Beck v. Ysursa lawsuit to represent the interests of the Idaho Republican Party in court should party leadership be unsuccessful in passing proper legislation; and subsequently, do not file a lawsuit to fully implement the rule of the Party.

Another provision of the resolution clarifies the process necessary to fully implement the rule, and therefore rejects as too costly and unconstitutionally evasive the legislative proposal (SB 125 which was introduced by Chairman Sullivan as his “closed-primary” bill.

Rod Beck, former Senate Majority Leader and plaintiff on the lawsuit Beck v. Ysursa, said, “Sullivan’s bill forces the Idaho Democratic Party and other parties into compliance with party registration against their will by using the power of the Secretary of State.”  Beck said, “I believe the U.S. Supreme Court’s rulings demonstrate that Sullivan’s bill is clearly unconstitutional.”

Beck also rejected Sullivan’s effort to re-register every Idaho voter via a massive mail campaign that calls for expending over $800,000 state taxpayer dollars and possibly $500,000 property tax money from counties. 

Instead, Beck points out that when a person wishes to vote in a Republican primary that they simply check a box stating they requested a Republican ballot and they will be automatically registered Republican.

Below is the full text of the Resolution passed 89-39 by the Idaho Republican State Central Committee Saturday January 12, 2008:

Resolution of the Central Committee of the Idaho Republican Party to provide for Implementation of the Idaho Republican Party Closed Primary Rule:

Whereas, on June 2, 2007, the Idaho Republican Party State Central Committee, the governing body of the Idaho Republican Party, adopted the following rule requiring persons to register as a Republican prior to the Primary Election in order to vote on an Idaho Republican Party ballot in that Primary Election. That Rule, hereinafter referred to as the “Closed Republican Party Primary Rule,” states as follows:

 ”Section 4. Only persons who have registered as a Republican prior to the Primary Election will be allowed to vote on an Idaho Republican Party ballot in that Primary Election.”

Whereas, this Rule only requires that people who want to vote in the Republican primary be registered as Republicans and does not require that any other person be registered by party; and       

Whereas, this Rule only requires that registration occur prior to the casting of a vote in the Primary Election, and therefore, permits registration by Party at the polling place, without the expenditure of additional funds by the State of Idaho to conduct a registration campaign by mail; and does not require the State of Idaho to register or re-register Democrats or Independents or any other political Party by Party; and 

Whereas, 71 members of the Idaho Republican party brought suit in the United States District Court in a case entitled, Rod Beck, et. al., v. Ben Ysursa, Case No. 1:07 CV - 00299 to implement the Closed Republican Party Primary Rule, hereinafter the “Beck v. Ysursa” lawsuit; and

Whereas, that lawsuit was dismissed without prejudice, and therefore may be filed again in the event that the Closed Republican Party Primary Rule is not fully implemented by statute through legislative action in the 2008 legislative session; and

Whereas, the Idaho Republican Party remains committed to the prompt and full implementation of the Closed Republican Party Primary Rule through all available means; and

Whereas, in the event that the Idaho State Legislature and Governor of Idaho fails to enact legislation into statute that provides for full implementation of the Closed Republican Party Primary Rule by the close of the 2008 legislative session, the Idaho Republican Party should promptly institute litigation in the United States District Court demanding the full and immediate implementation of the Closed Republican Party Primary Rule; and

Whereas, in the event that the Idaho Republican Party does not institute that litigation, its members should be authorized to do so on behalf of the Idaho Republican Party in order to obtain the immediate and full implementation of the Closed Republican Party Primary Rule;

THEREFORE, BE IT RESOLVED that the Idaho Republican Party is directed to present legislation to the 2008 Session of the Idaho Legislature within the first month of the legislative session. That legislation shall provide for the immediate and full implementation of the Closed Republican Party Primary Rule; and

BE IT FURTHER RESOLVED that if the Idaho State Legislature and Governor of the State of Idaho fail to enact legislation into statute in the 2008 Legislative session that provides for the full and immediate implementation of the Closed Republican Party Primary Rule, then within 10 days of the close of the 2008 legislative session, the Idaho Republican Party shall institute litigation in the United States District Court for the District of Idaho against the Secretary of State of the State of Idaho and any other necessary parties. In that suit, the Idaho Republican Party shall demand the full and immediate implementation of the Closed Republican Party Primary Rule by the State of Idaho; and

BE IT FURTHER RESOLVED that the Idaho Republican Party shall pursue this litigation vigorously and without undue delay; and

BE IT FURTHER RESOLVED that in the event that the Idaho Republican Party fails to take any of the actions set out above, then the Plaintiffs in the Beck v. Ysursa lawsuit and any other members of the Idaho Republican Party are authorized, upon ten (10) days notice, but without further demand upon the Idaho Republican Party, to immediately institute litigation in the United States District Court for the District of Idaho against the Secretary of State of the State of Idaho and any other necessary parties on behalf of the Idaho Republican Party and to represent its interests in obtaining the full and immediate implementation of the Closed Republican Party Primary Rule by the State of Idaho. 

# # #

Contact:  Rod Beck at 376-9797 or 859-4335

Where we go from here

Fellow Republicans: 

As you know, earlier this week a Federal Judge dismissed our case to get the state of Idaho to not allow Democrats the right to vote in our Republican Primary.  The Judge agreed with the state’s claim that we didn’t have standing to bring the suit.  Furthermore, the Judge also indicated he didn’t think that we followed all the requirements to achieve derivative status. 

We don’t agree and believe we have grounds to appeal, however, we will not appeal because of the time and expense and we believe can achieve our goal of a closed Republican primary faster, by NOT appealing.  

The Judge drew us a fairly detailed road map for us to be recognized in a derivative suit.  So we are starting that process now. 
 
Also interesting in the Court’s decision (see page 14) is the fact that we did win on the merits of the case.  “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.” 

This means that party rule trumps state law.  In other words, if J.Kirk Sullivan and other party leaders had joined us in pursuing the legitimate interests of the Idaho Republican Party we would be participating in a closed primary next May.  It’s probably too late for that now.
 
As I indicated earlier, I am drafting a resolution to be presented to the Republican Central Committee meeting in January.  I have discussed this with Barry Peterson, the Chairman of the Republican Resolutions committee, who is also a co-plaintiff with us, and I’m sure we can get the resolution passed.  However, that is going to take a lot of effort on our part. 
 
I’ll have the resolution complete and to you early next week.  Please take it to your various County meetings and try to get them to support our efforts.
 
Thanks again for your support in this important effort.  Please give me a call if you have any questions or concerns.
 
Thanks again and call me if you would like additional information,

Rod Beck  (20 376-9797

Court rules against us — possible appeal

Fellow Republicans:

Not good news for us from the U.S. District Court. 
 
The Court dismissed our suit for lack of standing; you can read the Court’s decision here.  Our lawyer is out of town for depositions so I have not had a chance to review the decision with him.  However, one thing is clear.  If we are to achieve our goal of a closed primary in Idaho we MUST officially get the Idaho GOP to join us in the suit or get the Idaho Legislature to pass a bill providing for the same.  Passage of that resolution in January shouldn’t be a problem considering the huge majorities that the rule passed both at the GOP convention and the Central Committee in June. 
 
I am preparing a resolution to be presented at the next GOP Central committee meeting in January that would officially direct and authorize the Idaho GOP to join in our suit if the Idaho legislature fails to allow for full implementation of the official rules of the Idaho Republican Party.  I’ll send the resolution to you when I have it ready. 
 
As soon as I’ve had a chance to review the official Court order with our Lawyer I’ll let you know if there is a chance for an appeal.    Thank you for hanging in there with us.  We can still achieve our goal with passage of the resolution and further pressure on the Idaho Legislature and even possibly and appeal to the Ninth Circuit Court.
 
Please feel free to give me a call if you have any questions.  
 
Thanks again,
 
Rod Beck    (20 376-9797

Court date Nov. 15th! State files another weak claim

Dear Friends, 

The AG just recently filed the attached memo in opposition to our motion for preliminary injunction.  Not surprisingly, they simply focused on their contention that we lack standing to pursue our own constitutional rights without the Idaho Republican Party to filter those rights.  Amazing as it sounds that is their main argument; that WE are NOT the party in interest.  Their arguments are so weak they even resort to quoting from the Idaho Republican Party platform in a weak attempt to buttress their position.  Now we can file a reply memo to simply strengthen our own arguments. 
 
Remember November 15, 2007 @ 10:30 AM at the James A McClure Federal Courthouse in Boise is our scheduled hearing on OUR motion for preliminary injunction and the States’ motion to dismiss.  I hope to see you there.
 
Thanks again for your help,
 
Rod Beck — (20 376-9797

Click here to read: AG memo opp preliminary injunction

It’s Court Time … Mark you schedules

The Federal Court has just scheduled a hearing on our motion for preliminary and permanent injunction against the state of Idaho for November 15, 2007 @ 10:30 AM at the James A. McClure Federal Courthouse in Boise. 

Coincident to that hearing the Judge will also consider the states motion to dismiss.  This is a significant event.  Federal Court rules do not require the judge to hold a hearing on our motions. 

If the judge grants our motion, the Republican primary election next May will only be available to persons who have registered as a Republican.        

Anyone can attend the hearing, so if you have time on November 15, take a drive to Boise and join us at the Federal Courthouse. 

We may plan some sort of an event on that date as well.  If you are interested in reading the paperwork in our case, the information is found below in earlier posts.

If you need additional information, please post a reply here or call me.

Rod Beck  (20 376-9797

State replies to lawsuit … frankly, it’s a bit weak

Yesterday, the State of Idaho filed a reply to our brief in opposition to the State’s motion to dismiss our suit.  It is a somewhat weak reply and our lawyer believes we have a great case and will more than likely prevail.

We now wait for the Judge to either decide the standing issue from the bench or call for a hearing.  It is completely up to the Judge.  I’ll let you know as soon as I get word from our Attorney.

Click here: State’s reply to our brief in opp to motion to dismiss

Rod Beck

Lawsuit Overview

For you convenience, here is a list of links containing all the Federal Court filings plus the letters exchanged between our attorney Christ Troupis and Idaho GOP Chairman J. Kirk Sullivan.

• Complaint
• Motion for Preliminary Injunction
• Memorandum in Support for Preliminary Injunction
• Affidavit of Rod Beck in Support of Motion
• Exhibit A — The Idaho Republican Party Platform
• Exhibit B — Idaho Republican Resolution passed June, 16, 2006
• Exhibit C — Bill Cope’s Boise Weekly article titled “Clown Control.”
• Exhibit D — Idaho Attorney General’s Opinion, March 1, 2007
• Request for Judicial Notice
• Letter from Kirk J. Sullivan
• Letter to Kirk J. Sullivan
• Memorandum motion to dismiss suit 8-02-07
• Motion to dismiss suit 8-02-07
• Sullivan Affidavit in support of motion to dismiss
• Sullivan Memorandum 08-07
• First Amended Complaint 08-16-07
• Sullivan letter 08-16-07
• Geddes letter0001
• Response to opp to motion to dismiss 8-22-07
• State’s reply to our brief in opp to motion to dismiss
• AG memo opp preliminary injunction

Boise Weekly pens an article on closed primaries

Here is a link to Shea Anderson’s Boise Weekly article dated 8/21/07:

http://www.boiseweekly.com/gyrobase/Content?oid=oid%3A292912

Update from Rod Beck: GOP Chairman’s “update memo,” and we amend our complaint

Idaho GOP Chairman Sullivan’s “Closed Primary Update” memo annoys many and bolsters Grassroots amended complaint. 

Lots of action and quite a bit to cover in this update … 

First, many have read or heard about Idaho GOP Chair J. Kirk Sullivan’s recent memo about Closed Primaries. (Click here).  His tone is rather condescending and actually, inadvertently, helps our cause. 

He starts out by telling all of us why our ideas about closed primaries are bad. Then Mr. Sullivan tells us how he agreed to be a co-sponsor of a Senate bill that didn’t even get a hearing last session.  He said time just ran out. 

His claim is in direct contrast to that of the chief sponsor of the closed primary bills, Rep. Marv Hagedorn (R-Meridian) who wrote on his blog about Mr. Sullivan’s memo: “[Sullivan] seemed to ‘forget’ that I and others ran a number of versions of legislative bills starting early during the 2007 session … the same bills he covertly worked against in both the House and Senate.” 

Mr. Sullivan then says, “As party chairman, it is my responsibility to see this change through.”  But, this is where he gets condescending, “and believe it now should be up to the Republican-controlled Legislature … [to] implement the rule change.” 

Then, Mr. Sullivan claims that we listed the Idaho Republican Party as a plaintiff in the Federal Court case.  A first year journalist major can prove Mr. Sullivan’s claim is false simply by reading the list of 71 plaintiffs listed on the court document.  The Idaho Republican Party is not listed. 

This Just In:  Read our DEMAND LETTER to Mr. Sullivan that he issue a retraction for his misstatements.

Attached to his memo is an odd resolution from the Executive Committee stating their “decision” to go the legislative route (and this is how they phrased it): “disfavors judicial activism.”  What is that about?  Their “decision!?!”  The Central Committee is the governing body and the Executive Committee acts on their behalf.  Missing a big step, wouldn’t you say?

(Aside:  This would be a good time to print off a petition calling for a special Central Committee meeting.)

Today, Grassroots Idaho GOP (that’s us) filed an amended complaint which was unintentionally bolstered by Mr. Sullivan’s memo. The amended filing asserts that we represent the interests of the Idaho Republican Party.  Simply stated, some in the leadership of the party have done their utmost to derail and oppose closed primaries; they clearly do not represent the repeated actions taken by the party as a whole. 

The amended complaint lists the bona fides of 71 fellow Republicans. 

Send this update to anyone who you think might be interested in keeping up on the closed GOP primary debate. 

More later … Rod

Red Skelton’s Pledge of Allegiance

This is posted on the Michigan Republican Party’s blog.

State files to oppose, GOP Chairman Sullivan joins in opposition

From Rod Beck: 

As I predicted, the state of Idaho has filed a motion to dismiss our suit, along with the affidavit of J. Kirk Sullivan in support of the motion to dismiss.  The court filings from the State of Idaho are posted below on this blog.

Our lawyer is reviewing the documents and will have our response filed timely.  However, now we know for sure the strategy of the State of Idaho we must secure the appropriate number of signatures from members of the state central committee on our petition.  I will have the petition posted so we can get started.

Thanks,

Rod Beck

State’s Memorandum motion to dismiss suit 8-02-07

State’s Motion to dismiss suit 8-02-07

Sullivan Affidavit in support of motion to dismiss

Lawsuit Update from Rod Beck

Just a quick update on our suit to close the Idaho Primary elections.

Ben Ysursa has until Friday August 3, 2007 to respond to our suit.  As of today we have received no response.  However, it seems we might have an indication of the strategy they intend to use.  That would also answer the question as to why J. Kirk Sullivan sent us the attached letter shortly after his meeting with Ben Ysursa. 

Our lawyer sent Mr. Sullivan a response to his letter this week which is also attached.  I’ll let you know as soon as we receive a response to our lawsuit.   

“The question of standing and who should be allowed to sue is certainly at the forefront of this case,” said Idaho Secretary of State Ben Ysursa, in an interview. “I’m sure that’s what the attorney general will be pursuing.”

POSTED ON JULY 25, 2007:

Where Do You Stand?

By BW Staff

There are more questions than answers about the Republican lawsuit against the Idaho Secretary of State’s Office. First off, will the 70 people signed on to the suit have legal standing to sue?

On July 11, 71 activists and officers in the Idaho Republican Party filed a lawsuit arguing that Idaho’s open primary system is unconstitutional. Since then, one member of the litigating group died.

But some officials in the Idaho Attorney General’s Office, which will be defending the state against the suit if it goes to trial, are pondering the standing question. Although the Idaho Republican Party’s central committee voted in June to approve the concept of a closed primary, the party itself is not attached to the lawsuit.

“The question of standing and who should be allowed to sue is certainly at the forefront of this case,” said Idaho Secretary of State Ben Ysursa, in an interview. “I’m sure that’s what the attorney general will be pursuing.”

At least one national elections expert, Richard Winger, editor of the online publication Ballot Access News, said in an e-mail to BW that the GOP suit “would be stronger if the Idaho Republican Party itself were a co-plaintiff.”

Idaho Democrats have been quick to pounce on the issue, not least because they fear that the open primary system, which they say helps them draw Idaho’s numerous independent voters, would be changed.

But even that outcome isn’t certain, said Ysursa.

“I don’t know how it will play out,” Ysursa said.

The primary-closure move has been divisive, to say the least, among members of the Republican Party. With all of the statewide constitutional offices held by Republicans like Ysursa, the ownership of all Congressional seats, and with a solid majority in the Idaho Legislature, some of the party’s leaders have publicly wondered just what is so broken that it needs fixing.

Idaho may be overwhelmed by a national trend toward closed primaries. More than 30 states have closed primaries of some form or another.

“The pendulum is certainly swinging toward a closed primary,” Ysursa said. “That’s foreign to us, but that’s rather a common element in most states.”

Likewise, Rep. Marv Hagedorn, a Meridian Republican, wrote on his blog recently that, “it’s time to update our process like over 30 other states have done.”

Ultimately, the ball may land in the Legislature’s court. At the tail end of the 2007 session, a bill to change Idaho’s primary system fell just short of approval. The measure, which had the support of Idaho Democratic Party Chairman Richard Stallings, as well as Rod Beck, the conservative activist now leading the GOP lawsuit, would have required voters to choose a party in order to to participate in the primary. Independents would have been allowed to vote in the primary of their choice.

URL for this story: http://www.boiseweekly.com/gyrobase/Content?oid=245784

Pick your presidential candidate — Just a little GOP fun

This is a good test to see if you are supporting the presidential candidate who closely matches up with your views.

It is also helpful for those studying the candidates.

Click here to take the test.

Post your comments, if you care to share …