Update 8/10/24 8:25am:
UPDATE: GOP House nominee Kent Marmon was told by the Secretary of State’s office that the error was on their end – someone in the office had told LD11 Democrats that switching candidates was fine.
The office’s solution is to undo the switch, returning the candidates to the races they were initially filed for. Toni Ferro will face Camille Blaylock for Senate, and Anthony Porto will face Marmon for House seat A.
Marmon says this is not over yet, and shared a letter with me that was sent by a D11 constituent to the Attorney General’s office requesting action.
Original story 8/9/24:
According to the Secretary of State’s website, the Idaho Democratic Party decided to switch up their district 11 campaigns after the primary election. Originally, Toni Ferro filed to run for Senate in district 11, while Anthony Porto filed for House in seat A.
On June 18, however, both Ferro and Porto withdrew and were appointed by the District 11 Democrats to fill each other’s now-vacant slots.
It is unclear if the switch was prompted by a change in expectations regarding their Republican opponents. Camille Blaylock defeated incumbent Sen. Chris Trakel, while Kent Marmon defeated incumbent Rep. Julie Yamamoto.
District 11 is mostly confined to the city of Caldwell.
Legislative district committees have the responsibility of filling vacancies on the legislative ballot according to Idaho Code Title 34, Chapter 7, Section 15. Withdrawals are handled in section 17:
34-717. Withdrawal of candidacy.
(1) A candidate for nomination or candidate for election to a partisan office may withdraw from the election by filing a notarized statement of withdrawal with the officer with whom his declaration of candidacy was filed. The statement must contain all information necessary to identify the candidate and the office sought and the reason for withdrawal. The filing officer shall immediately notify the proper central committee of the party, if any, of the individual withdrawing. A candidate may not withdraw later than forty-five (45) days before an election, except in the case of a primary election, when the deadline shall be no later than the eighth Friday preceding the primary election, or a general election, when the deadline shall be no later than September 7. Filing fees paid by the candidate shall not be refunded.
(2) Any candidate who has filed a statement of withdrawal pursuant to this section shall not be allowed to be appointed to fill a vacancy unless such vacancy occurs because of the death of a previous candidate.
Idaho Code 34-717
Paragraph 2 in the law appears to preclude candidates who have withdrawn from the ballot from being appointed to fill any vacancy, unless the vacancy came about due to the death of the previous candidate. Clearly, neither Ferro nor Porto are deceased.
Marmon, the Republican candidate for House seat A, brought this apparent violation of state law to the attention of the Secretary of State’s office, who has forwarded it to the Attorney General. Stay tuned for a resolution to this issue.
Edit: Clarified that appointment to the ballot is in Section 7-15 while withdrawals are in 7-17.
