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October 8, 2011

McEuen Field Advisory Vote?

Filed under: Probable Cause — Tags: , — Bill @ 11:56 am

An article in today’s Coeur d’Alene Press  reported two City Council candidates’ ideas about an advisory vote on the proposed McEuen Field project.  One candidate, Dan Gookin, said he favored the vote.  The other candidate, George Sayler, said he would second a Council motion for a vote so the merits of an advisory vote could be discussed.

How do you feel about an advisory vote?  Should one be taken?  If so, who would administer it fairly and honestly enough for you to trust the results? (more…)

October 7, 2011

Keeping Our Elections Honest and Accessible

Today the Kootenai County Clerk’s Office sent out a press release titled Some Absentee Ballot Requests Show Confusion About Eligibility.  In that release, County Clerk Cliff Hayes revealed that for the upcoming November 8 cities and fire districts elections, his office has received almost 1500 requests for absentee ballots.  Of those requests, 469 were rejected because they were from voters whose residence address places them outside a city and in a fire district which has no contested races.

Some people will probably just ask, “So, who cares?”  But more timely and appropriate questions might be, “What difference does it make?” and “How did he know that?”  (more…)

September 27, 2011

On Appeal — The 2009 Coeur d’Alene City Election Contest

Coeur d’Alene attorney Starr Kelso has filed his opening brief appealing the First District Court’s (court) decision in the November 2009 Coeur d’Alene City election contest lawsuit.  The brief was filed with the Idaho Supreme Court (Court) on behalf of Appellant Jim Brannon.  A link to the entire brief is provided near the end of this post.

Before going to the brief, however, readers should first understand that an appeal brief is not written as entertainment reading for the general public.  It is a road map to guide the Idaho Supreme Court justices through the 2,676 pages of documents in the trial court record, 111 exhibits consisting of 563 pages, 876 pages of trial transcript, and transcripts of numerous other hearings held before and after the trial.  Much of that information is available to the justices during their preparation and deliberation.  Readers expecting the appeal brief to give them the complete picture of every detail will be disappointed.  (For more detailed information about the case as it developed, see my February 2011 report titled  The Coeur d’Alene, Idaho, Election Contest Lawsuit – 2009-2011.)

This current post with the link to the appeal brief will identify the ten issues raised on appeal and then briefly try to explain each issue. (more…)

September 7, 2011

Voting By Mail

Filed under: Probable Cause — Tags: — Bill @ 7:01 am

Kootenai County Clerk Cliff Hayes sent out a press release on September 6, 2011, announcing that voters who choose to mail their absentee ballots for the November 8 elections will get the postage paid on their returned ballots.    The process is intended to make it easier and more economical for persons throughout the county to vote early by absentee ballot.  Additionally, it should save the County money, because  paying the postage to have the ballots mailed back is less expensive than staffing outlying absent elector’s voting places (satellite locations).  The Kootenai County Elections Department office will still be the absent elector’s voting place for absentee in-person early voting as required by state law

And as noted in my post titled Pulling the Plug on Satellites, the new process will eliminate the need for bulk voting materials to be delivered, handled, and stored at satellite locations.  To whatever extent first class US Mail is secure, this enhances the security of the voting process.

Any comments about the new process?

ADDENDUM 09-07-2011:  This is in response to Ancientemplar’s comment.  Assuming you are already registered to vote, you can complete this Application for Absent Elector’s Ballot and either mail or fax it to the Kootenai County Clerk’s Office.

August 28, 2011

Yes, Shame on You!

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The Sunday, August 28, 2011,  Coeur d’Alene Press contained an unattributed editorial comment decrying the deceptions the Press had supposedly uncovered in actions taken by the Coeur d’Alene city government and the North Idaho College Board of Trustees.  One of the lines in the editorial read, “Shame on us for believing and reporting what city sources had told us, for accepting their word that no raises had been given the previous year.”

Yes, Press owner Hagadone Corporation.  Yes, Press Publisher Jim Thompson.  Yes, Press Editor Mike Patrick.  Shame on all of you.  (more…)

August 22, 2011

Pulling the Plug on Satellites

Filed under: Probable Cause — Tags: , , — Bill @ 1:33 pm

Sunday’s Coeur d’Alene Press ran a story headlined Vote here, only.  The story reported that newly-inaugurated Kootenai County Clerk Cliff Hayes had decided to not provide satellite polling places for absentee, in-person voting.  For residents of Coeur d’Alene (and Canada), that means voters will no longer be able to cast an absentee in-person ballot at Coeur d’Alene City Hall.  Rather, they will have to drive for about 6 minutes over the 1.9 miles to get to the County Elections Office at 3rd and Locust.

Predictably, the usual suspects were indignant!  Councilman Mike Kennedy huffed and puffed at the August 16 Council meeting that the County Clerk was “depressing the [voter] turnout” and “removing a service that had served the citizens well for a long time. ”  According to the news/views/skews paper article, Kennedy and Coeur d’Alene City Clerk Susan Weathers said this makes it harder for people to vote.

There’s more to the story within the Press story, however.  (more…)

August 4, 2011

The Residency Police

Filed under: Probable Cause — Tags: , — Bill @ 3:52 pm

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One of the lame excuses offered by the previous Kootenai County Clerk and his Elections Office manager was, “We are not the residency police.”  The underlying premise seemed to be that no one had the authority or the time to make sure registered voters were in fact lawfully registered to vote in each election in Kootenai County.

This press release issued today by  the present Kootenai County Clerk Cliff Hayes seems to blast that lame excuse to smithereens.  The Clerk and his staff deserve praise for making the effort to not only ensure that only lawfully registered voters can vote, but also to help correct inadvertent oversights by well-intended registrants so they can vote lawfully.

 

July 15, 2011

Election Contest Update

Filed under: Probable Cause — Tags: — Bill @ 4:24 pm

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Today I attended the pre-trial conference of Susan Harris and Ronald Prior.  They were each charged one count of violating Idaho Code 18-2322 – Illegal Registration by Voter in the November 3, 2009, Coeur d’Alene City election.   The conduct of that election was contested by Jim Brannon.  Harris and Prior were scheduled to go to trial later in July, however Magistrate Judge Burton accepted an Alford Plea from both of them today and fined each of them $200 and gave them each 90 days unsupervised probation.

In an Alford Plea, the defendant does not admit the act, but admits that the prosecution could likely prove the charge at trial. The court then  pronounces the defendant guilty.

April 28, 2011

2009 Election Update

Filed under: Probable Cause — Tags: , — Bill @ 9:38 am

The Wednesday, April 27, 2011, edition of the Coeur d’Alene Press ran an article headlined “Illegal voter hit with fine.”  The article was by Press staff writer Tom Hasslinger.  It began on page C1 and then concluded on page C6.  It did not appear online, so I cannot link to it directly.    There is more information available in the public record that will clarify and elaborate on Wednesday’s Press article.   (more…)

February 11, 2011

Follow Your Money

Filed under: Probable Cause — Tags: , , — Bill @ 12:27 pm

[Today’s Coeur d’Alene Press article headlined City will not fine Brannon was a diversion, erroneously implying former City Council candidate Jim [Brannon had evaded complying with Idaho campaign finance law.   If the City of Coeur d’Alene had decided donations to help pay Brannon’s election [contest lawsuit expenses were a campaign contribution, readers would have immediately realized that the $69,660 of our tax dollars the City Council [gave to fellow Councilman Mike Kennedy on December 7, 2010, was a campaign contribution.  The City’s decision reported today was to protect [Kennedy from that scrutiny, [not relieve Brannon of a non-existent obligation.

[Here is the story behind today’s Press story. (more…)

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