BOISE, Idaho — Coming up in March, Idaho will host Republican and Democrat presidential primary, but now, new legislation is creating a debate over how that should be done.
Republican Rep. Doug Ricks is sponsoring a bill that spells out how far in advance people need to be registered with a political party before the primary. The 90-day requirement was meant to be conveyed in 2015 legislation, but now it appears it was not.
"Since the presidential primary was not listed in there, there is essentially no timeline to change party affiliation," Ricks said, "That's all I'm trying to do, is fix that flaw."
The 2015 bill in part specified that changing party affiliation needs to be done 90 days before the primary election. Ricks explains though the issue stems from the term "presidential primary" not being specifically outlined.
"House Bill 322 essentially just fixes that, it includes the presidential primary," Ricks said.
Ricks explains this all comes after an attorney general's opinion was published this past December. The opinion said in part that because presidential primaries are specifically different under Idaho law from the general primary, the 2015 bill did not set a time table for when party affiliations needed to be made by.
That's important because to vote in a Republican presidential primary you have to register as Republican. Unaffiliated voters and Democrats are welcome to vote in the Democratic primary. Unaffiliated voters can also register with a party at the polls.
House Bill 322 clarifies that language and solidifies that party registrations need to be made 90 days before the March primary. It also has an emergency clause that sets it to go into effect right after the governor signs it.
"I think it will carry pretty easy in the House and eventually become law," Ricks said.
Democrats are speaking out though, saying there are major issues with the bill.
Democrat Rep. Ilana Rubel's concern is that the bill traps voters who did not change their affiliation already.
"It looks to me like it's a real gotcha, that it is going back in time potentially and telling people who thought they would be able to vote that they can't," Rubel said.
Rubel explains that because people were told recently that the presidential primary was not included under the law, it would be too late now for them to change before the March primary.
"I think it was a real bait and switch that really pulls the carpet from underneath people who were planning to and expecting to vote," Rubel said.
Ada County Clerk Phil McGrane says he hears the concerns, but that a lot of people had already thought it was the law.
"This is catching it up to where, everyone regardless of political affiliation, had thought it was and know we just find ourselves in a unique position that we are so close to the election and we are trying to iron out these details right before we start voting," McGrane said.
McGrane has this advice for anyone worried about changing their registration.
"If anyone is concerned, I'd do it before the legislative process runs out, it will apply to anyone moving forward after the bill takes effect. Anyone who recently changed their party affiliation doesn't need to worry, those things are already in effect and you are already set for the coming up election," said McGrane.