The Idaho Republican Party’s lawsuit against the state of Idaho seeking to close the state’s primary elections has been sitting in federal court for a month, but the state hasn’t responded. The reason? They’ve never been served with the lawsuit. “As best as I can determine, we have not been served with that lawsuit,” said Bob Cooper, spokesman for the Idaho Attorney General’s office. “When you’re named in a lawsuit, the court activity doesn’t begin, you have to serve the complaint upon the respondent.” That hasn’t occurred, he said.
Rod Beck, the party activist who earlier tried to file a similar lawsuit along with dozens of dissident party members, said, “It means they’ve filed a lawsuit but they don’t have any intent to pursue it.” He said his group is planning to file a 10-day notice today to intervene in the case.
Sid Smith, Idaho GOP executive director, wasn’t aware of the issue. “I am very much a novice in the world of legal proceedings, so I’m sure that our attorney probably has a solid reason, but I don’t know what that might be,” he said. As far as not pursuing the lawsuit, Smith said, “That certainly isn’t the case. We’re doing our due diligence to follow the rules of the party and the lawsuit is what they call for. I really don’t know why, what the reasons may be for the delay, or if it is considered a delay.”