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Valkenburgh v. Citizens for Term Limits

12/6/2000

at the law "violates the rights of voters and candidates for federal office." While Petitioner Fletcher notes that she has been a candidate in the past, she does not claim to be a political candidate in the future. Finally, Petitioner Eastland repeats the generalized claims of the other petitioners that the law "damages the integrity of the electoral process." He and the other petitioners do not explain how the electoral process is damaged or what part of the U.S. or Idaho Constitutions are being violated.


Thus, none of the petitioners allege that the rights being violated are different from those "shared in substantially equal measure by all or a large class of citizens." SPBA II, 128 Idaho at 834, 919 P.2d at 1035. Not one of the petitioners allege that they are candidates for elected offices. On the contrary, Petitioner Van Valkenburgh conceded that no "current officeholders or declared candidates were willing to serve in the role of petitioner in this case." The generalized concerns alleged by the petitioners about the "integrity of the electoral process," are the same types of concerns shared by all voters. These generalized concerns of the voting public are the same as those of the appellants in SPBA II, where this Court denied standing under just such circumstances.


D. Conclusion


Therefore, in conclusion, my analysis makes it clear to me that neither Idaho nor the U.S. laws or Constitutions have been violated as the law exists at this time. Further, the petitioners should have utilized the legal system that was available rather than ask this Court to grant extra-ordinary relief. Finally, the petitioners' case fails because they have not shown any personal or unique injury . It is my view that lawsuits should be utilized to remedy wrongs or injuries; not as a means of political expression.




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