Op-Ed: When A Public Vote Isn’t Legal

In the Coeur d’Alene election for mayor and council, the major campaign pledge of one set of candidates is that, if elected, they will have a public vote on any major controversial issue: “Let the people decide.” In 1983, as attorney for the City of Coeur d’Alene, I argued before the Idaho Supreme Court that it was lawful and right for the city to set an election for a public vote upon a major controversialissue; we lost. Gumprecht v. City of Coeur d’Alene, 104 Idaho 615, (1983). Last year, the advocates petitioning to recall the mayor and three council members proclaimed their major grievance as the refusal of these four to allow a public vote upon the McEuen Park Plan. The Idaho Supreme Court, interpreting the Idaho Constitution and Idaho Code, has in three important cases held that neither a city nor a county can hold an election on any issue except on bonds/ Scott Reed , op-ed column, Coeur d’Alene Press. More here. (SR file photo, of Scott Reed)

Thoughts?