cross posted from 54°40′ Or Fight!
The rumors around Salem are that Kate Brown is not exactly known for her attention to detail. The fiasco surrounding the change to the election of Commissioner of the Bureau of Labor and Industries (BOLI) only goes to prove that conclusively.
Last night the story broke that Kate Brown had, at the last minute, enforced a statute that is questionable enough that the AG is being called in to assist.
Confusion reigns. The following screen shot was taken last night from the ORESTAR website, still listing the May Primary Election as the date for the BOLI vote:
Meanwhile, Bruce Starr has wasted no time – he’s filed suit in Marion County to block Kate Brown’s flawed decision.
The suit reads, in part:
ORS 249.091 provides in pertinent part:
If a nominating petition or declaration of candidacy is filed by no
more than two candidates for the office of sheriff, county treasurer
or county clerk or by no more than two candidates to fill a vacancy
in a nonparisan office:
(a) The candidate or candidates are nominated; and
(b) The name or names of the candidate or candidates may
not be printed on the ballot at the nominating election.
ORS 249.091 does not provide an exception because the election for the office of Commissioner is not to fill a vacancy. [emphasis added]
It goes further:
Defendant bases the decision not to hold a nominating election for the office of
Commissioner at the May 15,2012, primary election on section 22a, chapter 511, Oregon Laws
2009, which provides: “Notwthstanding section 22 of this 2009 Act (249.215) and ORS
651.030, the term of offce of the Commissioner of the Bureau of Labor and Industries elected at
the general election held on the first Tuesday after the first Monday in November 2012 shall be
two years.” Defendant’s decision is erroneous because section 22a, chapter 511, Oregon Laws
2009, prescribes only a term of office and does not set a date for an election. [emphasis added]
If the judge finds in favor of the plaintiff, this is going to make Kate Brown look even worse than she already does.