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An article in this morning’s Coeur d’Alene Press reveals that once again, Kootenai County Clerk Dan English has chosen to ignore the law. This time, he has directed his staff to participate in electioneering by handing out cards with the names of write-in candidates.
Tim Hurst, chief deputy secretary of state, said, “That’s akin to electioneering at the polls.” Akin to electioneering? No, that is electioneering. Idaho Code 18-2318(1)(b) prohibits circulating cards or handbills “of any kind” within 100 feet of a polling place on the day of election. I presume that “on the day of any … election” means on any day the polling place is open to voting, including early voting.
And what did English say? According to the article, he had gotten approval from an employee at the Secretary of State’s Office. If he got approval as the newspaper article said, it’s because he sought approval — not because he asked if it was lawful. Isn’t that the “Nuremberg Defense?”