Gibbons v. Cenarrusa
| Decision Date | 03 May 2002 |
| Docket Number | No. 28408.,28408. |
| Citation | 140 Idaho 316,92 P.3d 1063 |
| Parties | In the Matter of the Petition for Writ of Mandamus and/or for Writ of Prohibition. Ronda GIBBONS and Roland Almgren, Petitioners, v. Pete CENARRUSA, Secretary of State, State of Idaho, Respondent. |
| Court | Idaho Supreme Court |
Starr Kelso Law Office, Chtd., Coeur d'Alene, for petitioners.
Hon. Alan G. Lance, Attorney General, Boise, for respondent. Michael S. Gilmore argued.
This is an original jurisdiction case in which the Petitioners seek an order declaring H.B. 425, which repealed the Term Limits Act passed as an initiative in 1994, unconstitutional, and an order directing the Secretary of State to instruct all county clerks to comply with the Term Limits Act. The Court expedited hearing on the case and directed the parties to submit briefs setting forth their respective positions. Those briefs have been submitted and reviewed by the Court. Oral argument has been heard.
In 1994 the term Limits Act was passed as a citizen's initiative. This Court held that the Term Limits Act was constitutional. At its last session, the Idaho Legislature passed H.B. 425, which repealed the Term Limits Act. In the body of the law the legislature declared that an emergency existed so that the repeal would become effective on February 1, 2002, rather than July 1, 2002. The Governor vetoed the bill, but the legislature overrode the veto, and the repeal became effective February 1.
Petitioner Gibbons is a resident of Ada County who has filed for the Ada County Commissioner's position currently held by an incumbent who would be ineligible to have his name on the ballot under the Term Limits Act. Petitioner Almgren is a voter in Kootenai County who voted in favor of the Term Limits Act in the 1994 general election.
The Petitioners have filed for a writ of mandamus or a writ of prohibition to declare H.B. 425 unconstitutional, or at least not effective until July 1, 2002, after the primary election will have taken place. In the alternative the Petitioners ask the Court to issue a peremptory writ of mandamus or peremptory writ of prohibition, ordering that the Secretary of State order all county clerks to comply with the Term Limits Act.
Ripeness is one element that must be satisfied for there to be a live case or controversy appropriate for judicial review. "Ripeness asks whether there is any need for court action at the present time." Miles v. Idaho Power Co., 116 Idaho 635, 642, 778 P.2d 757, 764 (1989). The Secretary states that the repealed sections of the initiative have no effect upon any candidate who has filed a declaration of candidacy with the Secretary of State—those statewide officers who would have been subject to term limits have not filed for reelection. The Secretary also argues that his office has no direct supervisory authority over the county clerks, so no writ of mandamus or prohibition would be effective against the county clerks.
The primary election is scheduled for May 28, 2002. The term limits repeal impacts the primary election. If the repeal is invalid, candidates who would otherwise be eligible to be on the ballot will not be eligible. Those potential candidates, the county clerks and the public alike have a need to know who can and who cannot appear on the ballot before the primary election is held. A decision by the Court that will allow the electoral process to proceed with certainty is necessary. The case is ripe for review.
The Secretary of State is a proper respondent in this case. I.C. § 34-201 states, "Secretary of state chief election officer.—The secretary of state is the chief election officer of this state, and it is his responsibility to obtain and maintain uniformity in the application, operation and interpretation of election laws." Further, I.C. § 34-202 states that, "[i]n carrying out his responsibility under section 17 [§ 34-201], the secretary of state shall cause to be prepared and distributed to each county clerk detailed and comprehensive written directives and instructions relating to and based upon the election laws as they apply to elections, registration of electors and voting procedures which by law are under the direction and control of the county clerk." I.C. § 34-203 states, "[i]n carrying out his responsibility under Section 17 [§ 34-201], the secretary of state shall assist and advise each county clerk with regard to the application, operation and interpretation of the election laws as they apply to elections, registration of electors and voting procedures which by law are under the direction and control of the county clerk."
The Secretary of State has the responsibility of issuing directives and instructions to the county clerks for compliance with the election laws, which could be that certain candidates would be ineligible because of term limits.
The Secretary of State is a proper party.
"It is a fundamental tenet of American jurisprudence that a person wishing to invoke a court's jurisdiction must have standing." Van Valkenburgh v. Citizens for Term Limits, 135 Idaho 121, 125, 15 P.3d 1129, 1132 (2000). "The doctrine of standing focuses on the party seeking relief and not on the issues the party wishes to have adjudicated." Miles, 116 Idaho at 641, 778 P.2d at 763. In order to satisfy the requirement of standing, a party must "allege or demonstrate an injury in fact and a substantial likelihood that the judicial relief requested will prevent or redress the claimed injury." Id. However, "a citizen and taxpayer may not challenge a governmental enactment where the injury is one suffered by all citizens and taxpayers alike." Id. As such, a party must "establish a peculiar or personal injury that is different than that suffered by any other member of the public." Selkirk-Priest Basin Ass'n v. State, 128 Idaho 831, 833-34, 919 P.2d 1032, 1034-35 (1996).
Almgren argues that he has standing because he is a voter who voted in favor of the term limits initiative in 1994. Gibbons is running for the Ada County Commissioner seat against an incumbent who would be ineligible to run for office if the repeal were deemed unconstitutional.
Regardless of whether Almgren has standing, it is clear that Gibbons has standing— she is running for election against an opponent who would be ineligible to run for office if the repeal of the Term Limits Act were unconstitutional. The legislature's repeal impacts her campaign, and she demonstrates a particularized and sufficient injury to establish standing.
The Secretary argues that the writs requested should not issue because the Petitioners seek action that the Secretary of State has no authority to take, that the Petitioners did not pursue an adequate remedy at law and that they delayed their petition to the detriment of others. Writs of prohibition are extraordinary and are issued with caution. Crane Creek Country Club v. City of Boise, 121 Idaho 485, 487, 826 P.2d 446, 448 (1990).
The Secretary maintains that the writ should not issue because the Petitioners are asking the Court to expand the Secretary's duties. This is not correct. The Petitioners seek directions and instructions from the Secretary to the county clerks to comply with the term limits initiative, which the Secretary may do under I.C. § 34-202 and § 203.
The Secretary also argues that under I.C. § 34-215, any person adversely affected by a county clerk's actions could sue in the district court in the county in which the alleged wrongful act occurred. In this situation this could result in suits in numerous counties, the potential of inconsistent results, and the possibility of actions in the district courts following the primary election. In fact, a suit has been filed in district court in Ada County prior to filing this action challenging the validity of the repeal on different grounds. Hearing in that case is scheduled too late for a decision that would allow an orderly primary election with certainty as to who could properly be on the ballot. The resolution of the issue before the primary is critical to the electoral process. It is appropriate for this Court to act.
The Secretary also argues that the Petitioners delayed to the detriment of others, and that it is too late for the writs to issue. Particularly, the Secretary argues that the county clerks have already certified local candidates and that some clerks will have already begun mailing absentee ballots by the time of oral argument. The Secretary cites Fishman v. Schaffer, 429 U.S. 1325, 97 S.Ct. 14, 50 L.Ed.2d 56 (1976) in which a writ was sought before an election. In his capacity as Circuit Justice, Justice Marshall stated, Fishman, 429 U.S. at 1330, 97 S.Ct. at 17, 50 L.Ed.2d at 61.
Timing is clearly a critical concern in this case. This Court has expedited the case and renders its decision on the merits to allow the primary election to proceed with certainty as to the current state of the law.
The people's right to pass initiatives is contained in Article III, § 1 of the Idaho Constitution. It states:
The people reserve to themselves the power to propose laws, and enact the same at the polls independent of the legislature. This power is known as the initiative, and legal voters may, under such conditions and in such manner as may be provided by acts of the legislature,...
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