Coeur d’Alene resident Jim Brannon filed a civil lawsuit today in First District Court challenging the results of the November 3, 2009, city election for Council seat #2.  According to the official canvass approved by the Coeur d’Alene City Council on November 9, incumbent Mike Kennedy received 3,165 votes while challenger Jim Brannon received 3,160 votes.

The lawsuit names the City of Coeur d’Alene; City Clerk Susan Weathers; Mike Kennedy in his capacity as incumbent candidate for Council Seat #2 ; City Council members Ron Edinger, Deanna Goodlander, Mike Kennedy, Al Hassell, Woody McEvers, and John Bruning; Mayor Sandi Bloem; Kootenai County Clerk Dan English; Deedie Beard as the Elections Manager for Kootenai County, and Jane and John Does A Through Z whose true and correct names are unknown as defendants.

In his complaint to set aside, void, and annul the election, Brannon alleges that the defendants failed to follow and comply with the Idaho Municipal Election Laws.  There are several specific items that allege shortcomings and irregularities in the administration of the election.

The lawsuit was assigned to District Court Judge John Mitchell.    A trial date has not yet been set.

Brannon stated that he did not take lightly the decision to contest the election.  He noted that he feels a strong obligation to his supporters who took the time to study his positions and then vote for him.  He said that not only his supporters but all those who voted deserved assurance that the weight of their individual vote was not canceled by a vote that was improperly counted.

Brannon chose not to ask for a simple recount of the votes.  The recount only runs the same ballots through the same counting equipment.  A hand count of the ballots is not permitted in the recount.  He also observed that the counting equipment has no way to differentiate between ballots lawfully cast and those that may have been unlawfully cast.  Consequently, he determined that to proceed with a machine recount would be a waste of money for the citizens of Coeur d’Alene.

Brannon stated emphatically that his challenge is not an attempt to second-guess the voters.  “My concern is for election results which not only follow the law but also put into effect the decisions made by the electorate,” he said.

He went on to say that the filing of the lawsuit is not an indictment of the city of Coeur d’Alene, Kootenai County, Dan English, Deedie Beard, or Mike Kennedy.  Rather, it is an effort to ensure that built-in election safeguards are followed in future elections.  Those safeguards must be meticulously followed out of respect for the voters.

Brannon commented:

“The voters of the City of Coeur d’Alene are entitled to this election challenge to make certain that their wishes are carried out.  All electors who vote lawfully are entitled to know that their lawful votes were not nullified by unlawful votes.  To be denied this reassurance is to discourage future lawful electors from voting.  If the integrity of the electoral process cannot be unquestionably assured, what is the value of our vote?  In this case, ‘close enough’ is not.”

Brannon concluded by saying he hopes that the outcome of his challenge is that all of the voters will know that each of their votes were counted and are important in the election process.

Addendum on 12-01-2009:   Here is a link to the exhibits attached to Jim Brannon’s complaint (linked above).