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DURST v. IDAHO COM'N FOR REAPPORTIONMENT

Docket Nos. 49261, 49267, 49295, 49353.

505 P.3d 324 (2022)

Branden John DURST, a qualified elector of the State of Idaho, Petitioner, and Canyon County, a duly formed and existing county pursuant to the laws and Constitution of the State of Idaho, Intervenor-Petitioner, v. IDAHO COMMISSION FOR REAPPORTIONMENT, and Lawerence Denney, Secretary of State of the State of Idaho, in his official capacity, Respondents, Ada County, a duly formed and existing county pursuant to the laws and Constitution of the State of Idaho, Petitioner, v. Idaho Commission for Reapportionment, and Lawerence Denney, Secretary of State of the State of Idaho, in his official capacity, Respondents. Spencer Stucki, registered voter pursuant to the laws and Constitution of the State of Idaho, Petitioner, v. Idaho Commission for Reapportionment, and Lawerence Denney, Secretary of State of the State of Idaho, in his official capacity, Respondents. Chief J. Allan, a registered voter of the State of Idaho and Chairman of the Coeur d'Alene, Tribe, and Devon Boyer, a registered voter of the State of Idaho and Chairman of the Shoshone-Bannock Tribes, Petitioners, v. Idaho Commission for Reapportionment, and Lawerence Denney, Secretary of State of the State of Idaho, in his official capacity, Respondents.

Supreme Court of Idaho, Boise, January 2022 Term.

Opinion Filed: March 1, 2022.

Attorney(s) appearing for the Case

Bryan D. Smith , Smith Driscoll & Associates, PLLC, Boise, for petitioner, Branden Durst. Bryan D. Smith argued.

Bryan F. Taylor , Canyon County Prosecuting Attorney, Caldwell, for intervenor-petitioner, Canyon County. Alexis Klempel argued.

Jan M. Bennetts , Ada County Prosecuting Attorney, Boise, for petitioner, Ada County. Lorna Jorgensen argued.

Spencer Stucki, petitioner pro se.

Deborah A. Ferguson and Craig Durham , Ferguson Durham, PLLC, Boise, for petitioners Chief J. Allan and Devon Boyer. Deborah A. Ferguson argued.

Lawrence G. Wasden , Idaho Attorney General, Boise, for respondents, Idaho Commission for Reapportionment and Lawerence Denney. Megan A. Larrondo argued.

SUBSTITUTE OPINION, THE COURT'S PRIOR OPINION DATED JANUARY 27, 2022, IS WITHDRAWN

This case arises out of multiple petitions challenging the constitutionality of Plan L03, the legislative redistricting plan adopted by the Idaho Commission for Reapportionment ("the Commission") following the 2020 federal census.

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