Legislative update

By Rep. Mark Sauter, R-Sandpoint
Reader Contributor

The 2024 presidential race is upon us. Idahoans will have a say in the selection process twice (primary and general election), but just how we decide is in question. 

Some history and current information follows: 

The nomination of candidates in Idaho is the responsibility of the political party. Whether a party chooses to use a voting process or a caucus is their decision. In 2011, the Legislature passed House Bill 351 creating a closed primary system. Persons who are not members of the party are not allowed to participate unless the party opens their process to unaffiliated voters. 

In 2012, the Republican Party held a presidential primary caucus in March. The process worked but participation was low. In 2015, then-Gov. C.L. “Butch” Otter proposed legislation for a statewide primary date for presidential primaries in March. School levies and bonds were allowed to be on the ballot as well. In 2016, the state held elections in March and May for primaries and a general election in November. 

Rep. Mark Sauter. File photo.

Earlier this year, the 67th Legislature ran two bills. House Bill 138 consolidated the presidential primary with the state primary elections in May. The rationale behind this bill was the cost savings ($2.7 million per election), voter turnout and efficiency (only one springtime election). I supported this bill. 

House Bill 292 was primarily a property tax reform bill. However, one element of it was the further consolidation of elections. HB 292 limited the number of elections for school levy and bond issues to three (May, August and November). The rationale provided for the change to the elections schedule was voter participation, costs and voter fatigue. 

I also supported this bill because I believed our district would benefit from the property tax savings and voters would not want to give up those savings to keep other election dates. 

After HB 138 had been signed into law and before the end of the 67th session, a problem was found in the language of the bill that required an amendment be passed to clarify the consolidation of the presidential primary. Without the amendment — Senate Bill 1186 — the state would not be holding a presidential primary at all in 2024. 

The Senate passed the amendment that clarified the issue — establishing that the state would hold a presidential primary in May — and SB 1186 was heard by the House State Affairs committee, but no action was taken. 

The legislative session closed without further action. Since the end of the session there has been dialogue among the Legislature about the “fix.” The Idaho GOP passed a resolution in July to hold a statewide caucus in March 2024, absent the action of any legislative fix prior to Oct. 1 (a deadline for the Republican National Committee). 

In late August, Senate Pro Tem Winder circulated a petition to call back the Legislature, requiring a 60% vote, and proposed the presidential primary be reinstated as per SB 1186, reinstating the traditional primary held in May. The petition garnered enough Senate signatures to call back the Legislature, but still needs 60% of House members to satisfy the requirements of gavelling into session. However, the Idaho GOP has weighed in with its position that the primary must be in March. 

The conflicting dates have led to an alternative House petition written by Rep. Lance Clow, R-Twin Falls. His proposal reinstates the presidential primary to March, but not the option for school levy and bond elections in March. 

There are many active conversations about this issue among the many parties involved.

We know the following: 

There is a GOP presidential primary caucus scheduled for March 2, 2024, paid for by the GOP, for GOP voters. 

A traditional primary, with state funding, will be offered in May for local elections, statewide representatives, and for school bonds and levies for all voters. 

There is no agreement or uniform petition (between the Senate and the House) to reconvene a special session of the 67th Legislature currently. If a special session is called, the estimated cost is approximately $30,000 per day, plus travel and other expenses.

The GOP timeline for our state to support a presidential primary is Oct. 1. 

Have thoughts or questions? Please email me at [email protected].

Rep. Mark Sauter is a Republican legislator representing District 1A. He serves on the Agricultural; Education; and Judiciary, Rules and Administration committees.