Idaho lawmakers attempted to reinstate presidential primary, but missed the deadline

Niamh Brennan | The Arbiter

With the removal of the state presidential primary, Idaho lawmakers attempted to call a special session to reinstate the primary, but ended up missing the deadline.

Due to a technical error, House Bill 138 removed the presidential primary in the state of Idaho. The bill redefined a primary election and did not include rules for a presidential primary.

“The purpose behind House Bill 138 was to consolidate our primary elections, saving state dollars, and also making it a little bit easier on voters so they would only have to come out to the polls once,” said assistant Democratic Leader, Rep. Lauren Necochea., Democrat from Boise.

To initially amend the issue, a bill known as a “trailer bill” was proposed that would reinstate the presidential primary, but this bill died in committee after a series of state Republican party officials testified in opposition to the bill.

The officials that testified include chairwoman of the Idaho Republican Party Dorothy Moon and Idaho Republican Committee secretary Maria Nate. Moon said in her testimony the party was “not consulted regarding this legislation”.

With the help of house Democrats, a petition drafted by Rep. Lance Clow, Republican from Twin Falls, calling for the repeal of House Bill 138 reached the 60% of members needed to move forward.

“Republicans are deadlocked amongst themselves between dueling petitions for a May versus a March primary, and it is increasingly likely that there will be no primary at all if they cannot reach agreement,” said a press release sent Sept. 25, from House Minority Leader, Rep. Ilana Rubel, Democrat from Boise.

One of these petitions was led by Sen. Scott Herndon, Republican from Sagle, that is for “considering legislation that pertains to Idaho’s presidential primary election,” according to the petition by Herndon.

“Our only option for a special session that would actually change anything for 2024 for the Republicans is to restore a March presidential primary,” Herndon said.

Senate Pro Tem Chuck Winder also sent a petition around congress which reached the 60% threshold in the senate. 

The Winder petition states that “in the event, a political party was unable to find adequate locations and to certify adequate funds… The secretary of State would then be required to hold a presidential primary during the May primary.”

“He did get 60% in the senate but he will not get 60% in the house. The house does not support that version at all,” Herndon said. “That is effectively dead in the water right now.”

Herndon went on to say that Winder is “intransigent on that point” in reference to a March presidential primary.

When asked about the preference for a March primary instead of a May primary, Herndon said, “Effectively by May, if you look back in history over the last 30 years, the presidential nominees for either major party are most often settled by the time of the third Tuesday of May.”

“The Idaho GOP’s position remains resolute: the only conceivable scenario in which a presidential primary could take place is through the repeal of House Bill 138, thereby reinstating the presidential primary to March of 2024,” said Dorothy Moon, the Idaho GOP chairwoman in an emailed statement to The Arbiter.

Moon remained opposed to the calling of a special session for the purpose of reinstating a presidential primary in May.

“Pursuing a special session with the intention of organizing a May presidential primary will needlessly expend taxpayer resources, knowing that it will not result in the Idaho GOP conducting a may presidential primary,” Moon said.

On the other side of the aisle, Democrats are also seeking to amend the removal of the presidential primary. The Idaho Democratic Party voted unanimously in June of 2023 to call the Idaho Legislature to reinstate the presidential primary.

“We supported the move to May for the reasons of saving funds, but we’re willing to compromise if it means voters can vote,” Necochea said.

A caucus requires voters to meet at a designated time and location to vote for who they want to represent the party in the upcoming elections.

“It is very hard for many Idahoans to participate in a caucus. Service members, for example, if they’re deployed, they have no way of participating in a caucus because there’s no form of absentee voting in a caucus,” Necochea said.

In a press release sent on April 18, from the Idaho Democratic Party, the party made a statement on the importance of the primary for voters of every party. 

“The way to ensure Idaho voters — of every party — have their say in our presidential nomination process is to hold a special legislative session and reinstate the presidential primary election” the press release stated. .

The failure to meet for a special legislative session will lead to both parties holding a caucus next year.

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