Idaho Open Primaries Ballot Initiative Challenge (I)

Petition filed by Idaho Attorney General Raúl Labrador (R) against Idaho Secretary of State Phil McGrane (R) and Idahoans for Open Primaries challenging a ballot initiative set to appear on the November 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. 

The attorney general argues that the ballot initiative’s title 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 claims the ballot initiative violates state law by falsely representing its contents to voters. He also argues the initiative violates the Idaho Constitution’s “single-subject rule,” which requires that ballot initiatives focus on only one subject. He asks the state Supreme Court to prohibit the ballot initiative from appearing on the November ballot. 

RESULT: On Aug. 13, 2024, the Idaho Supreme Court rejected the attorney general’s petition. The “Open Primaries Initiative” will appear on the November ballot.

Last updated: August 14, 2024 8:49 am EST