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Valkenburgh v. Citizens for Term Limits12/6/2000
nally, petitioners lack legal standing under existing Idaho law to adjudicate this matter.
For each of these reasons, I respectfully dissent.
A. The Term Limits Pledge Does Not Violate Either The Idaho Constitution Or The United States Constitution.
The right of suffrage, is a fundamental constitutional right and any infringement upon that right is subject to strict scrutiny legal analysis. The majority opinion recognizes this right and there is no disagreement from me on this bedrock fundamental principle. However, I am unable to find an infringement of that right within the voluntary provisions of the statute before us.
The majority holds that the ballot legends here violate the right of suffrage under the Idaho Constitution. It is important to note that ballot legends are not in and of themselves a problem. It is well accepted that ballot legends indicating a candidate's political party do not violate one's right to suffrage. In addition, in Idaho the judicial ballots contain a ballot legend indicating incumbency. Party designation and incumbency ballot legends undoubtedly influence voters. Perhaps logical consistency would require this Court to invalidate party designations and judicial incumbency ballot legends if a similar extra-ordinary writ were brought by well intentioned individuals. The point is rhetorical, but illustrates the slippery slope the majority opinion creates.
The majority opinion argues that "allowing a state official to place a particular message on the ballot, and to determine the circumstances under which such message should be placed, appears to be in conflict with Article I, section 19 of the Idaho Constitution." In interpreting the Idaho Constitution it is very important to give it the required strict scrutiny legal analysis referred to above. Article I, section 19 provides:
"No power, civil or military, shall at any time interfere with or prevent the free and lawful exercise of the right of suffrage."
Obviously, the drafters intended that the government would not interfere with the individual's right to cast his or her vote. The reference to military power obviously means that troops or soldiers cannot in any way be used to discourage or interfere with an individual's right to vote. No such problem is presented here. The reference to civil power undoubtedly indicates that the government cannot place any obstacles or impediments in the way of each person's right to vote at the ballot box. The law here, which began as an initiative, contains specific provisions that provide the candidate with a voluntary choice of whether to take the pledge or not. This is awkward and quite inconvenient, but no legal authority has been uncovered that provides that a voluntary pledge violates a person's right to suffrage.
Idaho Code, title 34, chapter 9 (I.C. ยงยง 34-907(A) and -907(B)) contains the term limits' voluntary provisions under consideration. Nothing in the two statutes that comprise this scheme sets up a civil or military power that infringes upon or interferes with the right of suffrage. The statutes do not suggest that all congressional aspirants must take the term limits pledge. Further, candidates who have taken the pledge may choose to ignore it. Thus, the contemplated ballot legends "Signed TERM LIMITS pledge" and "Broke TERM LIMITS pledge" are voluntary to the candidates. In this way the pledge creates the opportunity for those who support term limits to help identify the candidate of his or her own choice. Alternatively, the pledge imposes on those who take the pledge the negative affiliation with those voters who do not support term limits.
Put more succinctly, party de
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