The ballot measure that could bring open primaries and ranked choice voting to Idaho may be shot down before it appears before voters.
Idaho Attorney General Raul Labrador has filed a petition with the Idaho Supreme Court asking for the measure to be disqualified for two reasons: (1) because it promotes the measure as the "open primary initiative" despite the court ruling the measure “does not describe an ‘open primary’ system" and (2) the initiative makes "distinct changes to the primary election and separately to the voting system used in general election, which violates the single-subject rule for legislation and initiatives."
Activists submitted more than 97,000 signatures to qualify the measure. Idaho state law requires valid signatures from six percent of voters in half of the state's 35 legislative districts.
In addition to opening the primaries to all voters (instead of just parties choosing their candidates), the measure would implement ranked choice voting (RCV) in the general election. The controversial voting system would require voters to rank candidates in their order of preference. Votes would be counted in rounds, as the candidate with the fewest votes would be eliminated, and those votes would be transferred to the second choice. If voters only chose one candidate, their vote could be tossed out.
As we previously reported, coupling the issues (open primaries and RCV) together in the same measure raises serious constitutional concerns. Moving to a clean open primary is a debate worth having (preferably a Top Two).
But Article 3, Section 16 of the Idaho State Constitution makes it clear that “every act shall embrace but one subject and matters properly connected therewith.” Several years ago, lawmakers amended state law to require ballot initiatives only address a single subject.
The reasoning here is simple: to ensure that it is easy to interpret voter intent. If a measure has multiple subjects, it is difficult to know what voters may have been approving or rejecting.
A single subject rule is not unusual. Of the states that allow for a citizen-initiated ballot measure, more than half have single-subject rules.
Single subject rules also exist to clarify actions of legislatures. In fact, 43 state constitutions contain single subject requirements for legislation. Mississippi and Arkansas apply the requirement to just spending bills.
As it currently stands, are voters supporting open primaries or ranked choice voting with the ballot measure? They are two very different things. By linking the subjects together, voters are being denied the opportunity to support one or the other - something single subject restrictions are designed to prevent.
In 2024, Princeton University professor Nolan McCarty conducted a study of ranked-choice elections in New York City and Alaska and found that minority voters are
disproportionately impacted by this type of election process. Professor McCarty noted:
“In recent years, ranked-choice voting has been hyped as a solution to many perceived problems in American elections. Unfortunately, the hype has often outpaced the evidence. My research raises major concerns about whether RCV may work to further reduce the electoral influence of racial and ethnic minority communities.”
As we point out in our 2024 Policy Manual, adopting open primaries need not be limited to a take-it-or-leave- it proposition tied to the controversy of ranked-choice voting.