May 17, 2012 in Idaho

Primary voters oust Hart

Tax-protesting lawmaker loses in four-way GOP race
By The Spokesman-Review
Vote totals

District 1

i Raul Labrador (R) 57,876

Reed McCandless (R) 13,898

Jimmy Farris (D) 5,355

Cynthia Clinkingbeard (D) 4,721


Senate District 2

i Steve Vick (R) 3,487

Mike Jorgenson (R) 2,159

House District 2a

i Vito Barbieri (R) 3,147

Mark Fisher (R) 2,373

House District 2b

i Phil Hart (R) 1,746

Ed Morse (R) 1,984

Ronald Vieselmeyer (R) 1,116

Fritz Wiedenhoff (R) 751

House District 3a

Ron Mendive (R) 1,667

Jeff Tyler (R) 1,658

House District 3b

Frank Henderson (R) 1,926

Jack Schroeder (R) 1,540

House District 4a

Jeff Ames (R) 1,032

Luke Malek (R) 1,959

Kootenai County Commission

District 1

i Todd Tondee (R) 4,548

Gerald Arno (R) 233

Marc Eberlein (R) 4,262

Bruce Noble (R) 1,389

Tim Herzog (R) 1,773

District 3

i Dan Green (R) 5,517

Vic Holmes (R) 2,777

Larry Spencer (R) 3,948

Kootenai County sheriff

Ben Wolfinger (R) 5,489

Keith Hutcheson (R) 3,795

John Green (R) 3,450

Kootenai County prosecutor

i Barry McHugh (R) 7,591

Donald Gary (R) 4,517

BOISE – Tax-protesting Idaho state Rep. Phil Hart’s legislative career appears done.

Hart was defeated in a four-way Republican primary Tuesday, according to unofficial results, edged out by Ed Morse, a longtime real estate appraiser from Hayden. Morse will face former longtime Kootenai County Clerk Dan English in the Nov. 6 general election.

Despite high-dollar attempts by interest groups and even other lawmakers to target various legislative incumbents around the state for defeat, Hart and eastern Idaho state Rep. Jim Marriott, R-Blackfoot, were the only legislative incumbents defeated by challengers in the primary. Both incumbent Kootenai County commissioners also held their seats.

Meanwhile, concern over Idaho’s new closed primary elections continued to mount as officials noted record low turnout of just 23 percent of registered voters.

English was a little wistful Wednesday about Hart’s loss. “Phil Hart needed to be replaced, and I’m glad that he was – so that’s the big picture,” he said. “In my own picture, I would have enjoyed a race with him, and I think that would have been probably the starkest contrast between myself and him.”

The former longtime Kootenai County clerk, English for many years was the only elected Democrat in Kootenai County. He’s now running in a legislative district that hasn’t elected a Democrat since 1994, and until this year hasn’t had one run since 2002.

Morse said throughout his campaign he heard concerns from voters in the heavily GOP district that includes Hayden, Hayden Lake and the Rathdrum Prairie.

“Voters are concerned about the size and cost of government, concerned about dissension and lack of cooperation amongst political parties and politicians, and there was an awful lot of frustration with Mr. Hart in the voters that I talked to,” he said.

In the past two years, news emerged that Hart is locked in an ongoing court fight over back state and federal income taxes – a fight that has included a failed appeal to the Idaho Supreme Court and a pending federal lawsuit in which the U.S. Justice Department is seeking to foreclose on his Athol home for $550,000 in back federal income taxes, penalties and interest.

At least half a dozen times during his four terms in the Legislature, Hart, who claims both state and federal income taxes are unconstitutional, has cited legislative privilege to seek delays in his tax fights or defend his actions. Last month a federal judge rejected the defense and ordered Hart to stand trial Nov. 6.

Two close Hart allies, Rep. Vito Barbieri and Sen. Steve Vick, both Dalton Gardens Republicans, won re-election in the same primary in which Hart lost.

“It’s going to give Phil a little chance to get his act together,” said Barbieri, who like Vick was recruited to run for the Legislature by Hart two years ago. “I was surprised. I thought a four-way race would diffuse the anti-Phil votes.”

He added that Hart has “got the ideas. He works on them independently, so I think the Legislature will be the worse without him.”

Barbieri said he stayed home on election night, reluctant to celebrate with any of the various GOP splinter groups in Kootenai County. “There was a lot of vitriol, a lot of mudslinging,” he said. “We need to figure out how to get one voice.”

Other victors in the primary in Kootenai County were Rep. Frank Henderson, R-Post Falls, who defeated challenger Jack Schroeder; Ron Mendive, who narrowly edged Jeff Tyler for the GOP nomination for Nonini’s current seat; and Luke Malek, who beat Jeff Ames in the GOP primary for retiring Rep. Marge Chadderdon’s seat.

In the new District 7, which now takes in all of Shoshone County, Sen. Sheryl Nuxoll, R-Cottonwood, defeated Mary Wade Heston in the GOP primary and will face independent Jon Cantamessa in November; and Rep. Shannon McMillan, R-Silverton, defeated two challengers in the primary including former gubernatorial candidate Rex Rammell.

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