BOISE — Fourth District Judge Jason Scott published a decision Tuesday ruling that rapper Kanye West will remain on the Idaho November election ballot as a presidential candidate.
The Idaho Democratic Party and two voters filed a lawsuit on Sept. 11, after West and Michelle Tidball filed a declaration of candidacy for president and vice president as Independents. The party’s complaint argues that both West and Tidball listed their residency as being in Wyoming. West is a registered Republican in Wyoming.
But on his Federal Election Commission forms, West stated his party affiliation as “BDY,” which apparently is the “Birthday Party,” according to the complaint. The complaint argues that the “Birthday Party” is not a recognized political party in Idaho.
It goes on to allege that Idaho Secretary of State Lawerence Denney said on Sept. 10 that West should not have been on the ballot because he is ineligible. The complaint asked that the state order county clerks to issue new ballots without West’s name.
A copy of Scott’s written decision states the court will not instruct the state to issue new ballots.
He wrote that it is not Denney’s role to require proof that certification is real, according to law. Scott said “an independent presidential candidate satisfies the ‘no political party affiliation’ requirement merely by certifying the absence of an affiliation.”
“The Idaho Democratic Party presumably exists in large part to advance the electoral prospects of persons running for office as Democrats,” Scott wrote. “Not surprisingly, its preferred candidate in the upcoming presidential election is Joe Biden, the Democratic nominee. If West remains on the ballot, the Idaho Democratic Party allegedly will need to expend resources to help Biden compete for voters who might consider casting their ballots for West.”
The judge stated that no evidence had been presented about any steps the Idaho Democratic Party might take — beyond filing this complaint — to deal with West’s candidacy. He wrote that the party failed to establish standing for the suit.