Van Valkenburgh v. Citizens for Term Limits

• Decision Date: 06 December 2000
• Docket Number: No. 26080.,26080.
• Citation: 135 Idaho 121,15 P.3d 1129
• Parties: In the Matter of the Verified Petition for Writ of Prohibition and Application for Declaratory Judgment. Jack VAN VALKENBURGH, an individual, Penny Fletcher, an individual, W. Anthony Park, an individual, Petitioners, v. CITIZENS FOR TERM LIMITS, a proponent of Initiative Measure, 1998 No. 1, 1677 East Miles # 103, Hayden Lake, Idaho 83855; Donald Morgan, in his capacity as Campaign Chairman of Citizens for Term Limits, Pete T. Cenarrusa, in his official Capacity as Secretary of State of the State of Idaho, 700 W. Jefferson, Room 203, PO Box 83720, Boise, Idaho, XXXXX-XXXX, Respondents.
• Court: Idaho Supreme Court

15 P.3d 1129

135 Idaho 121

In the Matter of the Verified Petition for Writ of Prohibition and Application for Declaratory Judgment.

Jack VAN VALKENBURGH, an individual, Penny Fletcher, an individual, W. Anthony Park, an individual, Petitioners, v. CITIZENS FOR TERM LIMITS, a proponent of Initiative Measure, , , Hayden Lake, Idaho 83855; Donald Morgan, in his capacity as Campaign Chairman of Citizens for Term Limits, Pete T. Cenarrusa, in his official Capacity as Secretary of State of the State of Idaho, , PO Box 83720, Boise, Idaho, XXXXX-XXXX, Respondents.

No. 26080.

Supreme Court of Idaho. Boise, March 2000 Term.

December 6, 2000.

Kurt Holzer, Boise, and Elizabeth B. Brandt, Topeka, KS, argued for petitioners.

Hon. Alan G. Lance, Attorney General, Boise, for respondent Pete T. Cenarrusa. Matthew McKeown, Deputy Attorney General, argued.

Paine, Hamblen, Coffin, Brooke & Miller, Coeur d'Alene; Stephen Safranek, Ann Arbor, MI, for respondents Citizens for Term Limits and Donald Morgan. Stephen Safranek argued.

SILAK, Justice.

NATURE OF THE CASE

This is a petition for a writ of prohibition and application for a declaratory judgment seeking to prevent the Secretary of State from taking any action pursuant to I.C. § 34-970B and seeking to have I.C. § 34-907B declared unconstitutional under both the Idaho Constitution and the United States Constitution. The Petitioners, Jack Van Valkenburgh, Penny Fletcher, W. Anthony Park, and Larry Eastland, argue I.C. § 34-907B violates the guarantees of freedom of speech and the right to vote found in both the Idaho Constitution and the United States Constitution. Because we find the ballot legend unconstitutional, we issue a writ of prohibition prohibiting the Secretary of State from carrying out the directions contained in subsections (3) and (4) of I.C. § 34-907B as they pertain to the placement of ballot legends on the ballot. Additionally, because we find that subsection (5) is not severable from the unconstitutional portions of the statute, we also strike down that subsection. Finally, we deny petitioners attorney fees under the private attorney general doctrine.

I. FACTUAL AND PROCEDURAL BACKGROUND

In 1998, proponents of federal term limits successfully campaigned for the passage of a ballot initiative called "The Congressional Term Limits Pledge Act of 1998." This initiative, now codified as I.C. § 34-907B, reads as follows:

34-907B. Term Limits Pledge.—(1) The Secretary of State shall permit but not require any candidate for the United States Congress to submit to the Secretary of State an executed copy of the Term Limits Pledge set forth in subsection (2) of this section up until 15 days prior to the Secretary of State's certification of the ballot in order for the ballot information set forth in subsections (3) and (4) of this section to be included on that ballot.

(2) The Term Limits Pledge will be as set forth herein and will incorporate the applicable language in brackets, "[ ]" for the office the candidate seeks: I voluntarily pledge not to serve in the United States [House of Representatives for more than three (3) terms] [Senate more than two (2) terms] after the effective date of this provision. I understand that informing the voters that I have taken this pledge is important to the voters. I therefore authorize, instruct and ask the Secretary of State to notify voters of this action by placing the applicable ballot information, "Signed TERM LIMITS pledge to serve no more than [three (3) terms] [two (2) terms]" or "Broke TERM LIMITS pledge" next to my name on every election ballot and in all state sponsored voter education material in which my name appears as a candidate for the office to which the pledge refers.

____________ __________ Signature Date

(3) The Secretary of State shall place on every election ballot and in all state sponsored voter education material the applicable ballot information, "Signed TERM LIMITS pledge to serve no more than [three (3) terms] [two (2) terms]" next to the name of any candidate for the office of United States Representative and United States Senator who has ever executed the Term Limits Pledge except when subsection (4) of this section applies.

(4) The Secretary of State shall place on every election ballot and in all state sponsored voter education material the ballot information, "Broke TERM LIMITS pledge" next to the name of any candidate who at any time executes the Term Limits Pledge and thereafter qualifies as a candidate for a term that would exceed the number of terms set forth in the Term Limits Pledge.

(5) The Secretary of State, or designated election official, at every election for U.S. Representative or U.S. Senator held after the effective date of this act, and notwithstanding the provisions of any other potential conflicting statute, including Idaho Code sections 18-2318 and 18-2323, shall post in a conspicuous place in every polling location a copy of the Term Limits Pledge set forth in subsection (2).

(6) For the purpose of this section, service in office for more than one-half of a term shall be deemed service for a term.

(7) The state recognized proponents and sponsors of this initiative shall have standing to defend this initiative against any challenge in any court.

(8) The Secretary of State shall implement this act by rule as long as such rules do not alter the intent of this section.

(9) If any portion, clause or phrase of this act is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, the remaining portions, clauses, and phrases shall not be affected, but shall remain in full force and effect.

The Petitioners, all registered voters in the State of Idaho, filed a petition in this Court seeking a writ of prohibition preventing the Secretary of State from implementing I.C. § 34-907B and a declaratory judgment finding I.C. § 34-907B unconstitutional. This Court then entered an order allowing the Secretary of State and Citizens for Federal Term Limits (CFTL), the primary proponents of the initiative, to respond to the Petitioners and set the case for oral argument. After briefing and oral argument, this Court issued an order directing the Secretary of State to refrain from implementing the statute until we could fully consider the matter and issue a decision.

II. JURISDICTION

This Court has original jurisdiction, pursuant to Article 5, § 9 of the Idaho Constitution, to "issue writs of mandamus, certiorari, prohibition, and habeas corpus, and all writs necessary or proper to the complete exercise of its appellate authority." IDAHO CONST., art. V, § 9. This Court "will exercise jurisdiction to review a petition for extraordinary relief where the petition alleges sufficient facts concerning a possible constitutional violation of an urgent nature." Idaho Watersheds Project v. State Board of Land Commissioners, 133 Idaho 55, 57, 982 P.2d 358, 360 (1999). In this case, the Petitioners have alleged I.C. § 34-907B violates both the right to free speech and the right to vote as guaranteed by the Idaho Constitution and the United States Constitution. Additionally, at the time, the Petitioners alleged the violation was of an urgent nature because the Secretary of State had to certify the primary election ballot by April 10, 2000. The implementation of the statute has only been delayed by our order requiring the Secretary of State to wait until we issued this decision. This Court, therefore, has jurisdiction to hear this petition, and our review is "limited to a simple declaration of [the statute's] constitutionality or lack thereof." Mead v. Arnell, 117 Idaho 660, 664, 791 P.2d 410, 414 (1990).

III. DISCUSSION

A. Standing.

It is a fundamental tenet of American jurisprudence that a person wishing to invoke a court's jurisdiction must have standing. Because I.C. § 34-907B, by its terms, applies only to those seeking election, or reelection, to a seat in the U.S. Congress, we must first determine whether the Petitioners, as registered voters in the State of Idaho, have standing to challenge the constitutionality of I.C. § 34-907B. This Court has previously stated, "[t]he doctrine of standing focuses on the party seeking relief and not on the issues the party wishes to have adjudicated." Miles v. Idaho Power Co., 116 Idaho 635, 641, 778 P.2d 757, 763 (1989) (citing Valley Forge Christian College v. Americans United for Separation of Church & State, Inc., 454 U.S. 464, 102 S.Ct. 752, 70 L.Ed.2d 700 (1982)). In order to satisfy the case or controversy requirement of standing, a litigant must "allege or demonstrate an injury in fact and a substantial likelihood that the judicial relief requested will prevent or redress the claimed injury." Miles, 116 Idaho at 641,778 P.2d at 763; see also Boundary Backpackers v. Boundary County, 128 Idaho 371, 375, 913 P.2d 1141, 1145 (1996); Selkirk-Priest Basin Ass'n v. State, 128 Idaho 831, 833-34, 919 P.2d 1032, 1034-35 (1996). Additionally, "a citizen and taxpayer may not challenge a governmental enactment where the injury is one suffered by all citizens and taxpayers alike." Miles, 116 Idaho at 641,778 P.2d at 763; see also Boundary Backpackers, 128 Idaho at 375,913 P.2d at 1145; Selkirk-Priest Basin Ass'n, 128 Idaho at 833-34, 919 P.2d at 1034-35.

Based on the standard set forth above, the first question to be answered is whether the Petitioners have alleged or demonstrated an injury caused by the Respondents' action. Here, the Petitioners have alleged they will suffer a "distinct palpable injury" to their right to vote if the Secretary of State is allowed to implement I.C. § 34-907B. Miles, 116 Idaho at 641, 778 P.2d at 763 (quoting Duke Power Co. v. Carolina Env. Study Group, 438 U.S. 59, 72, 98 S.Ct. 2620, 2630, 57 L.Ed.2d 595, 610 (1978)). The Petitioners allege the law violates their right to vote because the law will infringe on the rights of qualified voters to cast their votes effectively by "greatly...