BOISE - Two pieces of legislation aimed at resolving Idaho's primary election dispute were introduced Friday, but neither received support from the Republican leading the charge to close the contests. That leaves open the possibility for further legal action.

One proposal, from Keith Allred of the non-partisan citizen's group The Common Interest, would provide a modified open primary election whereby voters at the polls mark a box listing their party or "unaffiliated." Those who declare a party choice are required to vote in that party's primary.

The other proposal, from Secretary of State Ben Ysursa, would require voters to select a specific party's or independent ballot. Idaho has held open primary elections and about one third of voters call themselves independent.

"Party registration to me is unnecessary and costly," Ysursa told the Senate State Affairs Committee. "The state of Idaho's never had party registration. This preserves that long-held tradition."

Allred's proposal also includes a provision for a political party to conduct its own method private election, including a closed caucus if it decides to. Allred said that while presidential caucuses are legal in Idaho, only case law - not state law - authorize them through state elections. The first elections affected would be 2010.

Both bills would create at least some type of public record. Ysursa's bill would include the voters' actions - whether they selected a Republican ballot or a non-Republican ballot - with a polling book that lists all registered voters (which is currently public record). Allred's bill would also make registration open to the public, but voters who selected "unaffiliated" would not list which primary they participated in.

But it remains unclear whether the proposals will be granted hearings. Legislators have said they are comfortable with the current system, and Senate Majority Leader Bart Davis, R-Idaho Falls, said during Friday's committee meeting that the current system works well. A bill to limit primary elections to party members earlier this year never received a hearing.

The U.S. Supreme Court ruled states can't force political parties to associate with those who don't share their political beliefs. Three separate proposals to close primaries failed to clear the 2007 Legislature.

In November, a judge dismissed a lawsuit brought by 71 Republicans who sued the secretary of state, ruling that the plaintiffs lacked grounds since it wasn't brought by the party itself. Many interpreted the decision as validation of their claims once approved by the party.

Rod Beck, a former state legislator leading the effort to close primaries, said he opposed Allred's bill and was skeptical of Ysursa's but hadn't reviewed it yet.

The state central committee in January passed a resolution that says only Republicans can vote in primary elections - and that the plaintiffs in the original suit can sue on behalf of the party. If lawmakers don't close the primaries, the plaintiffs can sue within 10 days after the session ends.

Many lawmakers wonder why the party wants to alter a system that helped Republicans win 79 of 105 positions in the state Legislature and all statewide positions. For more than 30 years, Idaho has held open primaries, meaning anyone can vote in any primary without registering.

Meanwhile, Democrats opposed both bills, and issued a statement that criticized the bills as costly and giving up voters' privacy. The cost of Ysursa's bill is estimated at $200,000 and Allred's bill at more than $400,000 over two years.

"We believe the voters' conscience should be their guide - not their political party and certainly not their government," Senate Minority Leader Clint Stennett, D-Ketchum, said.

Efforts last year from Allred, a Twin Falls native and former Harvard professor, for a modified primary election ultimately died. He told lawmakers Friday that modified closed primaries reflect the electorate better than open or closed primaries.

Jared S. Hopkins may be reached at 420-8371 or jhopkins@magicvalley.com