Heideman

MEMORANDUM *

Plaintiff labor unions brought suit against the Idaho attorney general and secretary of state (the “Officials”) seeking to stay enforcement of the Idaho Voluntary Contributions Act (“VCA”). The district court denied the Officials’ motions to dismiss the action on the basis of Eleventh Amendment immunity, and the Officials appeal.

We have jurisdiction under the collateral order doctrine to review the order. See Puerto Rico Aqueduct & Sewer Auth. v. Metcalf & Eddy, Inc., 506 U.S. 139, 143-44 , 113 S.Ct. 684 , 121 L.Ed.2d 605 (1993); Thomas v. Nakatani, 309 F.3d 1203 , 1207-OS (9th Cir.2002). We review de novo whether Eleventh Amendment immunity applies, and affirm. See Savage v. Glendale Union High Sch., Dist. No. 205, 343 F.3d 1036, 1040 (9th Cir.2003), cert. denied, 541 U.S. 1009 , 124 S.Ct. 2067 , 158 L.Ed.2d 618 (2004).

The Officials contend that they are immune from suit because they do not have any authority to enforce the VCA. Idaho’s statutes indicate otherwise.

The VCA’s penalty provision provides that a violation of the Act is a misdemeanor. Idaho Code § 44-2604 (2). Accordingly, primary enforcement authority rests with local prosecutors. Idaho Code §…