Judge dismisses Jorgenson's suit against clerk English - Coeur d'Alene Press: Local News

Judge dismisses Jorgenson's suit against clerk English

Luster rules official was following correct procedure

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Posted: Thursday, August 19, 2010 12:00 am

COEUR d'ALENE - A judge dismissed Idaho Sen. Mike Jorgenson's suit against Kootenai County Clerk Dan English on Wednesday.

First District Judge John Luster said that English didn't break protocol by classifying former Montana representative and Jorgenson's District 3 primary opponent Steve Vick as a registered Kootenai County voter leading up to the May primary election.

Whether Vick was eligible to run for the Senate seat could be another question for the Secretary of State's Office, Luster said, but English acted properly upholding Vick's Kootenai County voter registration.

"I don't think the court is in that position," Luster said. "Both of those (charges) turn in favor of English."

Vick, who captured 59.5 percent of the May primary election vote for Jorgenson's seat, first moved to Idaho in 2004. He moved to Montana for three months in 2006, during which time he registered to vote and ran for office in Lewis and Clark County. Kootenai County wasn't notified Vick had moved or registered to vote in Montana, and when Vick moved back to Kootenai County he was informed by Kootenai County he did not need to re-register, as his voting status had never changed.

Jorgenson, R-Hayden Lake, filed a complaint in April that said Vick should have had to re-register as a voter in Kootenai County since he had registered elsewhere. It claimed English failed in his duty as clerk since he did not require Vick to re-register, even after the mixup was brought to English's attention. The remedy sought was to reverse English's decision, and to take Vick off the registered voter rolls.

Had Vick been taken off the voter rolls, he could re-register as a voter. But the timing could have affected his status as an eligible candidate seeking office.

But the candidacy issue wasn't for the court to decide, Luster pointed out, since those guidelines and potential remedies are established by the Secretary of State's Office. Instead English acted properly since he was following instruction from the Secretary of State's Office.

"The Secretary of State is the chief election officer," Luster said.

English was not in the courtroom Wednesday. Jorgenson's attorney, Jason Risch, said after the ruling that his client would decide later whether to pursue the issue through the Secretary of State.

"We're obviously pleased by the outcome and the decision," said Vick, who was in the courtroom but not a part of the suit.

Vick tried to intervene in the suit Wednesday, but Luster declined the motion since it was filed so late. Vick served four consecutive terms from 1995 to 2002 in the Montana House of Representatives.

"It seems the voters thought it's not a valid argument and now a judge has said it's not a valid argument," Vick said. "I just hope that we're done with this, (Jorgenson) quits wasting my money, his money, the taxpayers' money and we can move forward."

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13 comments:

  • Beatrice posted at 10:33 pm on Fri, Feb 25, 2011.

    Beatrice Posts: 10

    You got numerous positive points there. I made a search on the issue and found nearly all peoples will agree with your blog.
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  • idaho native posted at 8:57 pm on Thu, Aug 19, 2010.

    idaho native Posts: 551

    wow phaedrus....i thought it was me....glad to see it wasn't!

    i kept seeing a double-post on some of my comments...i thought it was MY FAULT..:)

     
  • WannaBe JD posted at 1:33 pm on Thu, Aug 19, 2010.

    WannaBe JD Posts: 110

    Mike, you lost yourself while in office. You forgot where you came from. I wont beat on you like Molly but I like her terms.

     
  • WannaBe JD posted at 1:31 pm on Thu, Aug 19, 2010.

    WannaBe JD Posts: 110

    Come September the people will see that English acted properly

    Is that when all the Canadians come down and vote Phaedrus?

     
  • phaedrus posted at 11:05 am on Thu, Aug 19, 2010.

    phaedrus Posts: 96

    Come September the people will see that English acted properly since he was following instruction from the Secretary of State's Office.This is yet another example of the expensive legal education of sore losers.

     
  • HollyMolly posted at 10:12 am on Thu, Aug 19, 2010.

    HollyMolly Posts: 15

    Yeah babe ... if you are right, we'll see in the next election. Don't just flap your one band lip jiffy.

     
  • Jeffrey Wherley posted at 9:50 am on Thu, Aug 19, 2010.

    Jeffrey Wherley Posts: 3969

    Molly Molly Molly,

    Isn't it funny you say that, but you support Fire commissioners that ignore all of the people for the few that put them into office. Your girl are a hypocrite proven in print.

     
  • HollyMolly posted at 8:59 am on Thu, Aug 19, 2010.

    HollyMolly Posts: 15

    Hey Jorgey,
    Why don't you take your loss like a man than a p... and ask your friends in Bayview Float home Asso to take you fisjing or something. What goes around comes around. Oh I forgot the BV Chamber DAC all voted for you too. You can see where the majority is and you picked the wrong group to be associated - You were elected to represent all but chose your friends. Now enjoy looking in like the people you alienated when you were in office.

     
  • Jeffrey Wherley posted at 8:59 am on Thu, Aug 19, 2010.

    Jeffrey Wherley Posts: 3969

    If he lost his eligibility to run for office sense he registered and ran for office in montana. His election was fraudulent and he should be fined and made ineligible for this election. He new he had moved and should have told the county clerk when he registered in montana. He has been in politics for decades he knows the laws, better than the clerk does it seems.

    Ignorance is no excuse for the law, isn't that what they teach us. Unless you are a politician.

     
  • LTRLTR posted at 7:40 am on Thu, Aug 19, 2010.

    LTRLTR Posts: 1171

    Hmnm.....registered to vote in the State of Idaho and in the State of Montana at the same time....hmmm

     
  • Dan Gookin posted at 7:38 am on Thu, Aug 19, 2010.

    Dan Gookin Posts: 690

    Except, Phaedrus, in the city suit judge Simpson did not throw the thing out months ago. He threw out the city form the complaint, but then Hosack brought the city back in! So, have your morning cup of coffee and brace yourself for a snap of reality come September.

    Regardless of how the case is decided by Hosack, the people will see the mess English created and recognize that the election was fraudulent AND that the city is okay with that. Bad news for your friends.

     
  • phaedrus posted at 7:24 am on Thu, Aug 19, 2010.

    phaedrus Posts: 96

    Much ado..... the same will be the result of the long-delayed city election challenge. I imagine the decision will sound something like this: "...(the) issue wasn't for the court to decide, since those guidelines and potential remedies are established by the Secretary of State's Office. Instead English acted properly since he was following instruction from the Secretary of State's Office."


    Much ado...

     
  • rollingthunder posted at 6:43 am on Thu, Aug 19, 2010.

    rollingthunder Posts: 353

    Hey Jorgenson, THE PEOPLE have spoken, now a judge has agreed with the people and quite wasting any more tax money for your lame campaign.

     
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