Fifth District Judge Randy Stoker has denied the motion to dismiss Barry Peterson’s lawsuit over chairman of the Idaho Republican Party, saying he’ll instead move to hear the full merits of the case this morning, after a 10-minute break. The judge said he believes state statute cites party rules, so they can be enforced by the court. “I think that this case involves both political questions and questions of whether there has been a statutory and therefore a rule violation,” Stoker said. “It’s a mixed issue.” A 1908 Idaho Supreme Court case involving a fight between competing delegations in the Idaho Democratic Party set the precedent on that, he said.
“The court has no stake in who is elected chairman or vice chairman or secretary or treasurer of this party or any other party,” Stoker said. “The issue that I have is are you following the rules, it’s just that simple.” He said his decision to deny the motion to dismiss shouldn’t be taken as a sign he’s leaning either way on the case as a whole. Peterson is seeking an injunction to block the Idaho Republican Party from holding an Aug. 2 state central committee meeting to select new leaders.
Betsy Z. Russell covers Idaho news from The Spokesman-Review's bureau in Boise.
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