This page contains a single entry from the blog posted on May 1, 2006 3:25 AM. The previous post in this blog was The 411 on getting to second base. The next post in this blog is Vote early and often. Many more can be found on the main index page or by looking through the archives.

E-mail, Feeds, 'n' Stuff

Monday, May 1, 2006

What's wrong with this picture?

From the Multnomah County Charter:

11.15. Election Of Officers.

(1) All elective county offices shall be nonpartisan.

* * * * *

(3) Petitions or declarations of candidacy shall contain no reference to any political party ballot or to the political party affiliation of the candidate.

From my mailbox:

Comments (32)

Maybe "democrat" is Klingon for "I didn't screw up"


Given her unilateral and behind-closed-doors decisions, I think she'd have a hard time arguing that she intended to mean a little "d" democrat.

The fact she has the nerve to ask to be re-elected?

Along with Eric Sten and many others, the city could get better leaders if selection was by way of throwing a dart at a phone book.

From what I have read Wheeler appears to be that of a significant upgrade to the status quo.

The mere act of throwing Linn, Sten, Saltzman and a few others OUT can only help.

Vote sanity,
Vote Lister, Fritz, Wheeler.

With all of that, and I agree that something is wrong with that picture, I think the most concerning thing is that you are up and worrying about that at 3:25 in the morning.

Chosing between Linn or Wheeler is chosing between dumb and dumber. Presently dumber holds the office it might be nice to upgrade to dumb (even then it will only feel like the gripe on my ba*ls is just slightly looser).

Here's a question - and I don't know the answer.... is junk mail considered "Petitions or declarations of candidacy" ?

>"Here's a question - and I don't know the answer.... is junk mail considered "Petitions or declarations of candidacy" ?">"Here's a question - and I don't know the answer.... is junk mail considered "Petitions or declarations of candidacy" ?"

Well there's Kari, on task, looking for the linchpin for the blue status quo.

I think the best part of all this is that Jack probably only got this because he's now registered as an "independent". That adds a nice level of irony to the whole post.

Diane is playing to her strong suit, i.e., being a liberal Democrat incumbent in Multnomah County. And I am one who worries that it could be enough.

That said, not even Multnomah County can abridge freedom of association and freedom of speech rights under the US Constitution (which is all she was engaging in here), much as I'm sure they'd like to.

Duh, she lives in Multnomah County, that whole Democrat thing is kinda redundant anyway. Why did she even bother?

I'm not voting for her, though, and this is from a person who supported (and still does) her gay marriage dealings.

And I know it's totally obnoxious to say this, but: she looks hot in those glasses.

is junk mail considered "Petitions or declarations of candidacy" ?

If media pieces (whether junk, print, radio, television, or Internet) aren't declarations of candidacy, then what is? Don't candidates pay media consultants big bucks to steer clear of such troublesome waters? You're a smart one Kari. You should know the answer.

Chris, I don't do direct mail. And I'm not an election lawyer. And I'm not working for Diane Linn.

What I don't know is whether "declaration of candidacy" means what it sounds like on its face - or whether it's a term of art; something specific and legal, like a form you submit somewhere.

I suppose I could all go read the relevant chapter in the county charter, plus the relevant state statutes, and don't forget the enabling rules... but that sounds like too much work for a Monday morning. :)

Kari, apologies for sounding harsh. As I hit send I thought maybe I should have toned it down, but whatever. :)

I meant it when I said you were smart. You definitely are. I know your forte is on the Internet side, but the principles are all the same. Whether it's a mailer, a TV or radio spot, or a website, it's all speech. And what is a declaration if not speech?

Again, apologies.

Even funnier are the typos inside the mailer (I got this too).
A quote from one good Rep.Diane Rosenbaum on Linn's behalf reads "ASs County Chair...."
Never a more perfect typo.

Jesse/Kari, "Transparency" is all that matters. That is what the City of Portland's philosophy is toward "lobbying." This is transparent.

The County could just adopt a measure making it all OK retroactively, notwithstanding the superior legal force of the charter. This is the lesson of PDC Tram spending that was unlawful at the time it was spent or . . . on and on. (The City could do the same on behalf of Ms. Boyles if they really wanted too.)

Heck, she (Linn) could just get a legal opinion saying it is all OK. Maybe Kari has an author in mind.

I knew this sounded familiar.

In 2002, Ray Phelps (head of Oregon Elections Division) and Kate Schiele (candidate for Metro president) were investigated for flying the "R" flag in their campaigns.

In Schiele's case Rod Monroe (a candidate for Metro president who didn’t make the November runoff) filed a complaint alleging that Schiele distributed an automated campaign phone message describing herself as the only Republican in the race.

I couldn't find info on Phelps.

According to a Tribune article, "state law says candidates cannot mention their political affiliation when running for a nonpartisan office. Such an offense is minor, a civil violation with a $75 fine."

None of our local press followed up on the stories, so we are left guessing how the allegations were ultimately resolved.

Wheeler is going to be another faux brain geez whiz Ivy Leaguer who is supposed to trigger the sheople's bleating response. What is frustrating is that it seems to work every time.
I prefer transparent dumbness.

Kari, apologies for sounding harsh. As I hit send I thought maybe I should have toned it down, but whatever.

Actually, Chris, it didn't feel harsh at all. Maybe the skin has gotten too thick from all this time in the blogosphere waters...

You're right, the principles are the same. I'm pretty sure that a "declaration of candidacy" is something official, not persuasion mail - but that's why I always tell my clients that if they're not sure about the legal stuff, they should consult an attorney.

Better the dullard you know.

While a county may decide that its elective offices are to be nonpartisan in nature, for the county to then fine candidates who publicly state their party affiliation seems blatantly violative of the 1st Amendment.

From the Secretary of State's election law summary of the 2005 legislative session:

Candidate's Statement of Affiliation (was ORS 249.015, repealed in 2005)

This repealed law prohibited candidates for nonpartisan offices, nonaffiliated candidates (not a member of any political) and minor political party candidates from claiming membership in a major political party during their campaigns. These candidates were only allowed to use either the term "independent" or "nonpartisan" as applicable.

This election law was repealed because it was found to substantially limit the candidate's right to provide truthful information and presented free speech issues that hindered enforcement."

A "declaration of candidacy" is a term of art: it means the form that a candidate files to run for office. An Oregonian can get on the primary ballot for state or local office in two basic ways, either by filing a petition with X signatures on it or by filing a declaration of candidacy and (in most cases) paying a filing fee. Here's the statute:

ORS 249.020 Filing of candidates’ nominating petition or declaration of candidacy. (1) An eligible elector may become a candidate for nonpartisan office, or for the nomination to an office by the major political party of which the elector is a member, by filing a nominating petition or a declaration of candidacy.

(2) At the time of filing, a declaration of candidacy shall be accompanied by the filing fee specified in ORS 249.056.

(3) At the time of filing, a nominating petition shall contain the signature sheets described under ORS 249.064. [Amended by 1957 c.608 §66; 1975 c.779 §17; 1979 c.190 §103]

Yes, but then there's the spirit of the law.

And the letter of 11.15(1), whatever it might mean.

"Here's a question - and I don't know the answer.... is junk mail considered "Petitions or declarations of candidacy"

Well there's Kari, on task, looking for the linchpin for the blue status quo.

I thought we're supposed to be replacing "linchpin" with "pair of underpants"?

Also, did it say whether the mailer was sent out by Diane Linn or by some semi-anonymous PAC? Perhaps that's how you get around it, since the candidate didn't make the statement?

I dunno. Randy Leonard's picture was in there; maybe he'll come on and 'splain for us.

I think Isaac (and more germanely TimC) already have--what she did was perfectly legal. So sorry, Jack.

I never said it was illegal, although it may be.

Again, corrected for something I never said. Time for a GONG!

Surely she violates the spirit of the law, if not the letter. She may have violated 11.15(1), even if Isaac is correct about the meaning of 11.15(3).

i'm glad that law was repealed (timc caught your mistake -- not you, jb).

i like to know if my candidate is a democrat, a republican, or a crypto-republi-- er, "independent." party affiliation is a handy shortcut these days to saying one values trees, peace, clean air, education, and making sure people have access to a doctor and enough to eat more than one values hating gays, immigrants, europe, the middle east, china, and paying one's fair share of one's own nasty republican halliburton addiction.

i know some left-leaning independents, but "independent" is fast becoming the party of the idiots who voted for dubya and didn't realize he sucked when he let two skyscrapers fall and did nothing to fix it. no, he had to also let a major u.s. city flood and do nothing to fix that before these folks turned "independent." you seem intelligent, mr. b, so beware associating yourself with that lot.

GONG! I didn't make a mistake. The county charter hasn't been repealed, and I didn't say she violated it. But if you want to continue commenting here, name-calling is a big mistake on your part.

"no one in particular" wrote:

"And I know it's totally obnoxious to say this, but: she looks hot in those glasses."

Well since "no one" started it...

"Diane the Dish" seems to have donned the trappings of the modern suburban-Starbucks-PTA-****, sporting those "thoughtful" spectacles with a professionally-applied spray-on tan.

She looks primed for a run at the Lake Oswego School Board.

How crass of me!

I should be banned for a while.

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