Sims' name restored to ballot

COEUR d'ALENE — Kathy Sims' week began with being notified by the Idaho Secretary of State her name would be crossed out on early-voting ballots for the May 15 primary, but it ended on Friday with a judge's ruling stating her name should be reinstated as a choice in the race for Idaho House Seat B in District 3.

First District Court Judge Rich Christensen said Sims’ name should be left on the ballot.

The Secretary of State’s office on Tuesday instructed the Kootenai County Elections Department to line out Sims' name because, according to her voter registration records, she hasn't lived in the district at least a year before the November general election.

However, Christensen found Sims met the residency requirement.

Sims said she has utility bills and her affidavit of owner-occupied primary address for her homeowners exemption to prove her residency meets the requirements.

"The Constitution does mean something," a beaming Sims said after the decision. "I'm a legal candidate. I've been at that (Post Falls) address 414 days — there's 365 days in a year."

Art Macomber, Sims' attorney, said it was also a victory for District 3 voters.

"The voters of District 3 won because they get a choice," he said.

The decision came after 54 people voted early in the District 3 Republican race at the county's Elections Office from Tuesday until Christensen's decision Friday afternoon.

Kootenai County Clerk Jim Brannon said his department did what it could to soften the blow in case the Secretary of State's decision was reversed by the judge.

Online sample ballots were not changed and absentee ballots were not sent this week due to the possible change. Rather, he said, the absentee ballots were sent on Friday afternoon after the judge's decision.

Voters who cast a ballot with Sims' name lined out — and that was the only reason they voted for opponent Tony Wisniewski instead — should contact the Secretary of State's office for direction if they have concerns, Brannon said.

Brannon said the Elections Office can't allow those voters to vote again because doing so could affect other races.

Brannon said if voters filled in the oval next to Sims' name on the ballot — even though her name was lined out — their vote will still be counted.

Sims, who is attempting to make a legislative comeback after earlier serving in both the House and Senate, seemed to take the early voting snafu in stride.

"It will be what it is," said Sims, formerly of Coeur d'Alene and owner of Coeur d'Alene Honda. "I'm going to keep campaigning. The voters have trusted me for eight years, and I think they will continue."

It's possible the Secretary of State's office could challenge the judge's ruling after the primary.

Macomber and Sims said they hope the residency snafu can be clarified during the next legislative session, so it doesn't come up again.

Sims said she's relieved to put the court battle behind her.

"It's been a long, long week," she said.

Brannon said it's possible the county will have to order more ballots because there's a stack that has Sims' name lined out.

"There will be a cost, but it certainly will not be on this county," he said, adding that the week was "quite challenging" on his elections team.

Brannon said he was following the Secretary of State's directive to line out Sims' name and is glad the judge made a quick decision amid early voting.

"I'm sorry for Ms. Sims and Mr. Wisniewski, too, because who knows what will really happen," he said, referring to any possible implications the hiccup will have on the race.

Sims and Wisniewski are seeking the GOP nomination to the House seat formerly held by Rep. Don Cheatham, R-Post Falls. The winner will face Democrat Dan Hanks in the November general election.

Cheatham is running unopposed for a Senate seat in both the primary and general elections.