‘Pro-Life’ needs clarifier for Senate ballot

BOISE – With a candidate for the U.S. Senate who’s legally changed his name to just “Pro-Life,” Idaho’s top election official is worried that voters might be confused – and vote for both Pro-Life and the candidate of their choice in the crowded race for retiring Sen. Larry Craig’s seat.

“This is about voters,” Secretary of State Ben Ysursa told a state Senate committee Monday. “Confusion could lead to over-voting,” thus disqualifying ballots.

Ysursa proposed legislation to require that a candidate who changes his or her name to a political slogan have a parenthetical note after the name on the ballot, stating, “A person formerly known as …”

Lawmakers were so enthusiastic about the bill that it not only got introduced in committee Monday morning and sent to the full Senate, it also passed the Senate Monday afternoon on a unanimous 33-0 vote and headed to the House.

Pro-Life, the candidate formerly known as Marvin Richardson, told The Spokesman-Review he opposes the bill. “It’s pretty stupid, really, to say that a voter doesn’t know what he’s doing,” he said.

The 66-year-old organic strawberry farmer and anti-abortion activist accused Lt. Gov. Jim Risch, who’s also running for the Senate seat, of pushing for the legislation. “It’s just the Republican establishment trying to ensure that they’re going to win,” the farmer-candidate said. He said Republicans are concerned “so there isn’t any spoiled ballots between Pro-Life Risch and Pro-Life Richardson.”

Risch declined to comment, saying only, “Gov. Risch has no input on this matter and is referring all questions to the Legislature.” Questioned further, Risch repeated that line several times.

Thirteen candidates are running for the open U.S. Senate seat: eight Republicans, two Democrats, one Libertarian and two independents, including “Pro-Life.”

Senate Majority Leader Bart Davis, R-Idaho Falls, suggested fast-tracking the bill “just for the sake of the possibility we’d be done this week.” Lawmakers had hoped to wrap up their legislative session last Friday, but are still bogged down on several issues including transportation funding.

Ysursa said several states have had problems with candidates legally changing their names to political slogans such as “Less Taxes,” “None of the Above” and “Pro-Life.”

“Never underestimate the ingenuity of a person’s name and what they could put on the ballot,” he said. Ysursa said the problem is that a voter, looking at a list of names and a slogan, could think, “You bet I’m pro-life,” and check that box in addition to voting for the voter’s candidate of choice. “There’s the over-vote,” Ysursa said. “To me it’s serious business, and this is at times trying to make a mockery of what we do. It’s our important right.”

Two years ago, Richardson ran for governor and legally changed his middle name to Pro-Life. At that time, the Secretary of State’s office refused to list the new full middle name on the ballot, offering him instead a choice of being listed as “Marvin Richardson” or “Marvin P. Richardson.” Richardson chose to forgo the middle initial.

Ysursa noted that other states have sought to remove such slogan-names from the ballot, but his legislation would still allow the legal name to appear, as long as the clarifying note is added.

Ysursa, who is an attorney, cited an Idaho Supreme Court case, Van Valkenburgh v. Citizens for Term Limits, in which Idaho’s highest court ruled that “the ballot is not to be used to try to express a particularized political message,” Ysursa said. “The ballot serves primarily as a means to elect candidates, not as a forum for political expression.”

Pro-Life said, “This is ridiculous. I think it shows that we’re a real debased kind of unintelligent society and we’re looking to government to solve all of our problems.”