Eye on Boise: Kayne West’s appearance on Idaho presidential ballot isn’t only one raising questions

Kanye West isn’t the only independent candidate on Idaho’s November presidential ballot about whom there are eligibility questions. There’s another one: Rocky De La Fuente of San Diego.

Here’s the issue: De La Fuente, a businessman and perennial candidate, also ran in the Republican primary for president in Idaho in March, garnering 637 votes.

And last week’s court hearing over the unsuccessful legal challenge to West’s ballot status brought out the fact that Idaho has not one, but two laws regarding “party disaffiliation” for independent candidates. The one at issue in the West case, Idaho Code 34-708, merely requires an independent candidate to declare that he or she isn’t affiliated with any political party.

The other, Idaho Code 34-704, is nicknamed the “sore loser” law and states that any candidate who runs in a party primary “shall not be allowed to appear on the general election ballot under any other political party name, nor as an independent candidate.”

Carl Withroe, attorney for the Idaho Democratic Party and two Idaho voters, discussed both statutes in his arguments in court to 4th District Judge Jason D. Scott. He didn’t make the connection to De La Fuente, but I did.

So I asked Idaho Secretary of State Lawerence Denney about the “sore loser” law and De La Fuente’s candidacy.

Denney said he saw little difference between that and the West case. “Y’know, again, I think the judge was very clear that I don’t have the authority to keep anybody off the ballot that files the paperwork,” he said.

He also noted that no one’s sued over De La Fuente’s ballot status.

Idaho ballots started going out to military and overseas voters on Friday, with both West and De La Fuente listed as independents running for president.

Withroe, a Boise attorney and former deputy Idaho attorney general, when asked about the De La Fuente candidacy, said in his legal opinion, it “would seem to violate” Idaho law.

“I would’ve thought it would have been easy enough … to know that this particular candidate appeared on the ballot in the primary,” he said. “I suppose the buck stops with the Secretary of State.”

New 50-year lease

Fresh off a successful membership and fundraising drive, the Idaho Botanical Garden got a new 50-year lease last week, approved unanimously by the state Land Board. The garden had been in financial straits due to the impacts of the COVID-19 pandemic, including cancellations of its mainstay concerts and weddings; but its fundraising drive that launched Aug. 1 was so successful it exceeded its $150,000 goal and raised more than $180,000.

The garden is on state land that’s part of the Old Idaho Penitentiary Historic District, which is managed by the Idaho State Historical Society. The boards of both the Historical Society and the garden approved the new 50-year lease in late August.

Under the new lease, annual rent will start at $10,000 a year, with inflation-based escalators of up to 3.5% per year and reappraisals every 10 years to reset the rental rate. “The discounted lease rate recognizes the educational value,” ISHS Director Janet Gallimore told the Land Board. “The garden currently serves over 150,000 visitors annually and offers education and public programming to over 13,000 schoolkids and 2,000 adults.”

Gov. Brad Little, who chairs the Land Board, said, “There’s lots of affinity for the Botanical Garden in the Treasure Valley.” He recalled performing a wedding there years ago, his first as the state’s lieutenant governor. “Everybody loves the Botanical Garden,” Little said.

Hill to retire, successor named

Tim Hill, the longtime public school finance director for the state Department of Education under four superintendents, retired on Friday after 23 years with the department, and Julie Oberle, the department’s senior financial management analyst, has been named his successor. Oberle has worked with Hill since 1998, and Hill said she’s been “cross-training on my major responsibilities for the last several years,” including the complex process of calculating state payments to districts and charter schools.

“This is truly the end of an era, and Tim leaves big shoes to fill,” state schools Superintendent Sherri Ybarra said in a statement. “Tim is a true expert and a great partner and has earned the respect and admiration of people throughout state government and Idaho schools.”

Hill served under elected superintendents from both parties, and is widely respected as a knowledgeable professional.