Idaho Open Primaries Ballot Initiative Challenge (II)

Lawsuit filed by Idaho Attorney General Raúl Labrador (R) against Idahoans for Open Primaries challenging a ballot initiative set to appear on the November 2024 ballot that would reform Idaho’s primary and general election systems. The “Open Primaries Initiative” is a ballot measure that seeks to implement a “top four primary” system in Idaho, in which all candidates would appear on the same ballot regardless of their party affiliation, and all voters would participate in a single, statewide primary to choose among candidates from any party. Under this system, the top four candidates receiving the most votes would appear on the general election ballot. The ballot initiative would also establish ranked choice voting in the state’s general election. When the ballot initiative was first proposed in 2023, the state Supreme Court directed the attorney general to provide new title suggestions for the initiative after holding that its contents could not be described as an “open primary,” and later certified his new title suggestions. The attorney general claims that despite this ruling, Idahoans for Open Primaries has continued to promote their ballot initiative using the phrase “open primaries.” 

The attorney general argues that the ballot initiative’s title and language intentionally misleads voters by using the term “open primary,” which traditionally refers to a system in which parties hold separate primaries but anyone can vote in them regardless of their registered party. The attorney general also claims the ballot initiative violates state law by falsely representing its contents to voters. He asks the court to prohibit the ballot initiative from appearing on the November ballot. The attorney general filed a similar lawsuit with the state Supreme Court in July 2024, which the court rejected.

The attorney general filed his complaint on Aug. 16, 2024.

RESULT: On Sept. 5, 2024, the judge granted the defendants’ summary judgment. The “Open Primaries Initiative” will appear on the November ballot in Idaho. 

Last updated: September 5, 2024 3:22 pm EST