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  (208) 376-9797
M (208) 859-4335

(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 1258) 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

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  (208) 376-9797

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    (208) 376-9797

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 — (208) 376-9797

Click here to read: AG memo opp preliminary injunction

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  (208) 376-9797

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

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

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

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