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Idaho Supreme Court Dismisses AG’s Lawsuit Against Prop 1 on Procedural Grounds
Idaho Dispatch ^ | August 14, 2024 | Greg Pruett

Posted on 08/15/2024 2:13:47 PM PDT by Twotone

The Idaho Supreme Court has issued an opinion that dismisses Attorney General Raul Labrador’s lawsuit against the Prop 1 ballot initiative.

If enacted this November, the Prop 1 initiative would implement a “Top Four” primary process and change the general election process to Ranked-Choice Voting. Labrador, in his lawsuit, said the initiative’s organizers gathered signatures fraudulently and that the initiative violated Idaho’s “one subject” rule for initiatives.

A summary of the opinion states that the lawsuit was dismissed on procedural grounds. Here is the summary, which is from court staff and not direct quotes from the opinion itself:

“Today the Idaho Supreme Court dismissed the Attorney General’s Petition on procedural grounds. The Court explained that allegations of fraud in the gathering of signatures in the initiative process are serious, but they must be adjudicated in the district court in the first instance. Article V, section 9 of the Idaho Constitution vests the Idaho Supreme Court with limited original jurisdiction to issue writs of prohibition and mandamus. Those writs are proper only when a state actor like the Secretary of State has a clear legal duty to act.

"While the laws governing initiatives are clear that signatures obtained through fraud are null and void, the Court held that those same statutes do not create a clear legal duty on the part of the Secretary of State to make such a factual determination; that authority rests with the district court.

"As for the Attorney General’s assertion that the Initiative violates the Idaho Constitution’s one-subject rule, the Court held that the issue will not be ripe for judicial review, unless and until, Idaho voters approve the Initiative at the general election in November. The Court explained that its decision did not preclude the Attorney General from filing an action with the district court to adjudicate whether signatures on the petition should be declared null and void due to fraud.”

Idahoans for Open Primaries and Reclaim Idaho celebrated the victory on social media.

IOP posted on X:

‘BIG NEWS: Idaho AG’s lawsuit against Open Primaries Initiative DISMISSED

“The people of Idaho will now have a chance to vote YES on Prop 1 and give all Idaho voters—including independents—the right to participate in every taxpayer-funded election.’

Labrador’s office had the following response to the ISC opinion:

“Today the Idaho Supreme Court dismissed our petition on procedural grounds and acknowledged that our allegations about the Open Primaries Initiative are ‘serious’ but must be adjudicated in the district court.

"We appreciate the Court’s reasoned analysis of the issues at hand. We are now reviewing our options to show that outside interest groups knowingly misled Idaho voters about the petition they were signing and will continue to defend the people’s right to an initiative process free of deception.

"We are disappointed that the court did not take up the single subject issue at this time, but are confident that the people of Idaho and the courts will eventually reject this clearly unconstitutional petition.”


TOPICS:
KEYWORDS: idaho; openprimaries; rankedchoicevoting; raullabrador
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1 posted on 08/15/2024 2:13:47 PM PDT by Twotone
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To: Twotone

How the hell does this ranked choice poison get traction in supposedly conservative states like Alaska and Idaho?

What groups push it? Soros funded? Leaves me scratching my head...


2 posted on 08/15/2024 2:15:44 PM PDT by Nervous Tick ("First the Saturday people, then the Sunday people...": ISLAM is the problem!)
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To: Twotone

Deep State loves RCV...

And RCV-enabled electronic voting machines...


3 posted on 08/15/2024 2:16:04 PM PDT by mewzilla (Never give up; never surrender!)
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To: Nervous Tick

Think about this.

NYC now has RCV for municipal elections.

Hasn’t that worked out well for Gotham.

And Alaska and Maine use RCV.

Nuff said, eh..


4 posted on 08/15/2024 2:18:17 PM PDT by mewzilla (Never give up; never surrender!)
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To: mewzilla
Alaska is supposed to get rid of RCV. The people hate it there.

5 posted on 08/15/2024 2:24:28 PM PDT by Governor Dinwiddie (LORD, grant thy people grace to withstand the temptations of the world, the flesh, and the devil.)
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To: Nervous Tick

Leftists have been leaving their shit encrusted nests in Oregon, Washington, and California and infecting Idaho. It ain’t the Idaho of the past.


6 posted on 08/15/2024 2:26:15 PM PDT by Right Brother (From Biden to Harris. From pee pads to kneepads.)
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To: Twotone

You do NOT want Ranked Choice Voting. It has destroyed ay sane choices here in Alaska.


7 posted on 08/15/2024 2:27:50 PM PDT by hattend
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To: Governor Dinwiddie
Alaska is supposed to get rid of RCV. The people hate it there.

Let's see if getting rid of it is as easy as getting it was.

8 posted on 08/15/2024 2:40:00 PM PDT by Steely Tom ([Voter Fraud] == [Civil War])
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To: Twotone

Raul Labrador is a name of someone who is not likely a fourth-generation American—nor one descended from the “Greatest Generation”.

Beware of such names who write for today’s fourth estate.


9 posted on 08/15/2024 2:42:12 PM PDT by Does so ( 🇺🇦......Say it fast...Kamala D. Harris = KALAMITY Harris...)
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To: Twotone

Ranked Choice Voting favors Democrats and moderate Republicans.

1. Democrats are purists. They don’t compromise. That’s why there are no DINOs.

2. Republicans have no problem voting for “The Lesser of Two Evils”. That’s why RINOs outnumber conservatives.

RCV is a win/win situation for Democrats and the GOP establishment.


10 posted on 08/15/2024 2:48:20 PM PDT by Mr. N. Wolfe
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To: Does so

Raul Labrador does more for conservatism in this country each day before breakfast than you have done in your entire life.


11 posted on 08/15/2024 2:56:52 PM PDT by Renfrew (Muscovia delenda est)
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To: Right Brother

Also Native residents are asleep.


12 posted on 08/15/2024 3:15:21 PM PDT by Bayard
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To: AdmSmith; AnonymousConservative; Arthur Wildfire! March; Berosus; Bockscar; BraveMan; cardinal4; ...

13 posted on 08/15/2024 3:40:45 PM PDT by SunkenCiv (Putin should skip ahead to where he kills himself in the bunker.)
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To: Renfrew

“Assimilation” is apparently not in his lexicon.


14 posted on 08/15/2024 3:47:40 PM PDT by Does so ( 🇺🇦......Say it fast...Kamala D. Harris = KALAMITY Harris...)
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To: Twotone
“Rank Choice Voting” is an important part of the Rat Party's grand plan to steal elections in perpetuity.
15 posted on 08/15/2024 4:14:14 PM PDT by Gay State Conservative (Import The Third World,Become The Third World)
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To: Twotone

I live in Idaho and I’m voting “NO” against this piece of 💩. Just so you’ll know


16 posted on 08/15/2024 4:15:21 PM PDT by Equine1952
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To: Twotone

Idaho is currently solid republican. If this passes it’ll quickly become purple.


17 posted on 08/15/2024 4:44:33 PM PDT by aquila48 (Do not let them make you "care" ! Guilting you is how they control you. )
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To: Twotone

Minneapolis uses Ranked Choice Cheating in their city elections. It has worked wonders....for the Democrats.


18 posted on 08/15/2024 4:47:06 PM PDT by Fireone ("and dumb & silent we may be led, like sheep, to the Slaughter." G. Washington 1783)
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To: Mr. N. Wolfe

Bkmk


19 posted on 08/15/2024 5:14:01 PM PDT by ptsal (Vote R.E.D. >>>Remove Every Democrat ***)
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To: Nervous Tick

“How the hell does this ranked choice poison get traction in supposedly conservative states like Alaska and Idaho?”

You just saw how. A bunch of fraudsters got it in a ballot measure. Then the the courts declared that it was valid unless proven in another court that it was a fraud. Gone are the days that a law could say it was invalid unless proven to be in accordance to law. Just another example of how corrupt and crooked the courts in American have become.


20 posted on 08/15/2024 5:31:30 PM PDT by Revel
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