BOISE, Idaho — The Idaho Republican Party is accusing the Bonneville County Republican Central Committee of violating election laws and party rules by distributing flyers listing endorsements of the "official Republican Party," a statement the Idaho GOP says is deceiving and against the party's policy of staying neutral in primary races.
Attorneys working on behalf of the Idaho Republican Party and its chairman, Tom Luna, filed a complaint Thursday in Fourth District Court. They’re asking the court to issue a temporary restraining order to prevent the Bonneville County Republican Central Committee and the BCRCC chairman, Mark Fuller, from continuing to distribute the flyer and “similar false statements, which threaten irreparable harm to voters, candidates and the electoral process.”
The Idaho GOP argues that the BCRCC violated party bylaws by endorsing candidates in contested Republican primary election contests for the U.S. Senate, U.S. House, the Idaho Legislature and statewide offices. Under Idaho law, the Idaho GOP argues, bylaws and Idaho GOP rules are binding contracts on party members, including members of the BCRCC.
One exhibit included in the Idaho GOP’s verified complaint, obtained Thursday by KTVB, is a flyer stating, “the OFFICIAL Republican Party recommends these conservative candidates,” and urges the reader to go to the Bonneville County GOP’s website for “vetting results” and to take the flyer, dubbed a “sample ballot,” to the polls. The flyer lists specific “recommended” candidates running in contested races as well as those running unopposed in the May 17 primary.
Among the defendants named in the Idaho GOP's complaint is Bryan Smith, who is running in the Republican primary against incumbent Rep. Mike Simpson for the Second Congressional District U.S. House seat. Smith is among the candidates recommended on the Bonneville GOP flyer.
"Indeed, voters have already started showing up at polling places with the false and misleading flyer, and on information and belief, Defendants (the BCRCC, etc.) plan to continue distributing the flyer through the close of voting on Tuesday. Nothing short of judicial intervention can safeguard the rights of Plaintiffs and Idaho's candidates and voters," the complaint states.
The Idaho GOP states in its complaint that rather than supporting its mission to ensure a fair and orderly process "in which both candidates and voters can be heard," and following the state party's rules against endorsing state and federal candidates, "the BCRCC and its Chairman, and most of its members, have gone rogue."
“The bylaws of the BCRCC unambiguously require it to remain neutral in Republican-party primaries,” the Idaho GOP states in its motion for a temporary restraining order.
The Idaho GOP also alleges that the BCRCC made “direct cash contributions” to Republican candidates in contested primary races.
The Idaho GOP says it is seeking a court order against the BCRCC because, “absent a preliminary injunction, the Idaho GOP will suffer irreparable harm if the BCRCC’s illegal conduct alters the outcome of the May 17 primary elections. There is no question that the BCRCC’s intent is to encourage Idahoans to vote for particular Republican candidates over others.”
The Idaho GOP argues “speedy relief before the primaries occur” is crucial because “it would almost certainly be impractical, if not impossible, to invalidate the primary elections should the BCRCC’s conduct be deemed illegal following the primary elections.”
“The consequences of the BCRCC action not only put the BCRCC at legal risk, but also the Idaho Republican Party. One of my responsibilities as Chairman of the Idaho Republican Party is to defend the party and its brand, and I intend to do just that,” Luna said in a news release. “Either the Republican Party is the party of law and order or we’re not.”
Tuesday, before the complaint was filed in court, Luna issued a statement saying, in part, "normally, the Idaho Republican Party would not comment on political materials distributed during a primary election. In instances where the official Republican Party of the state is called into question, however, the Idaho Republican Party is compelled to respond."
In a post on its Facebook page, the Bonneville County Republican Party calls itself "the official Republican Party in Bonneville County," and said Wednesday that it "stands behind the hard work of our volunteers, our candidate recommendations, and the publications that we have sent out.
"We follow party rules, and we take our responsibility to inform voters seriously. Any accusation to the contrary is false...
"Voters won't get a straight story from liberals in the media, and they won't get a straight story from the mountains of biased campaign literature, either. If you want to know who the best conservative Republican candidates are, your best source is the party itself," the Bonneville County GOP statement concludes, in a post that once again shared the flyer being challenged by the Idaho GOP.
The Bonneville County Republican Party has not issued any public comment in response to the Idaho Republican Party complaint filed in court.
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