High court to finally hear city election lawsuit - Coeur d'Alene Press: Political

High court to finally hear city election lawsuit

Brannon challenging victory by Kennedy

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Posted: Sunday, September 16, 2012 12:00 am | Updated: 10:35 am, Fri Nov 16, 2012.

COEUR d'ALENE - Nearly three years removed from the election, and two years since its court ruling, the 2009 city election lawsuit will go before the Idaho Supreme Court on Wednesday.

It's scheduled to go before the high court's five-member body at 11:10 a.m. at the Kootenai County Courthouse.

The election challenge suit, filed by then-Seat 2 City Council challenger Jim Brannon, claimed that inadmissible ballots had led to incumbent Mike Kennedy's five-vote victory.

Brannon filed the suit shortly after the election day loss.

But litigation with the highly-publicized suit stretched over a year, ending when 1st District Judge Charles Hosack upheld the election following a six-day trial in September 2010.

Part of the ruling tossed out four illegal votes (one of which was for Brannon), trimming Kennedy's victory to three votes.

The trial was at times contentious, just as the campaign trail between the candidates had been leading up to the election, and several times Hosack stopped court arguments to advise counsels of proper behavior.

One of the remedies the suit sought was a new election for the seat, which was denied. After Hosack's decision, Brannon appealed to the state's highest court.

The Idaho Supreme Court will listen to 30 minutes of arguments from each side, and typically issues its ruling in written format weeks or months after hearing the case.

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  • chouli posted at 8:03 am on Wed, Sep 19, 2012.

    chouli Posts: 1266

    come on rogue, do you hold grudges?
    don't be hatin'...
    there are things that I actually agree with you on...yeah, it kinda makes me twitch too...LOL

  • concernedcitizen posted at 8:14 pm on Tue, Sep 18, 2012.

    concernedcitizen Posts: 2530

    And those that didn't remember who they voted for? I can tell you EVERYONE and everything I have EVERY voted for or on since I started voting. These people that don't remember something so recent should NEVER EVER be aloud to vote for ANYTHING again.

  • Rogue Cop posted at 4:03 pm on Tue, Sep 18, 2012.

    Rogue Cop Posts: 2274

    ps: Chouli, please don't agree with me again. It destroys my credibility!

  • Rogue Cop posted at 3:59 pm on Tue, Sep 18, 2012.

    Rogue Cop Posts: 2274

    STOP THE PRESSES...Chouli and I agree. I'll have to re-evaluate my position.

    Actually I agree with the rest of your comments as well. So the judge could have made it right. I wonder why he didn't. Hmmmmmmm. To me, it wasn't a question of who they voted for but rather did they vote illegally or not. Once the judge asked them who they voted for, no matter what his ruling, it was tainted!

  • chouli posted at 1:19 pm on Tue, Sep 18, 2012.

    chouli Posts: 1266

    I find it pretty insulting that a Canadian resident who hasn't lived here for a long time would have the nerve and the desire to vote in our city council election.
    And for people who darn well know better than to use a business address rather than their residence address is just plain crooked on their part...and then to say to the judge that you can't remember who you voted for in the election!! They should've been put in jail on contempt of court until they could remember! If you go out of your way to illegally vote in an election, you remember who you voted for. That alone speaks to the corruptness of the players.

    I agree with you Rogue :-) I think you're right about our pal Kennedy.

    localres, heaven help us if drake or meyers gets their foot in the door. just say no to the silver spoon gals!

  • local res posted at 7:20 am on Tue, Sep 18, 2012.

    local res Posts: 1164

    curiouser are you related to Mr. Kennedy or are you one of the downtown business owners who stand to gain when the new theme park is built at Mcuen field?

  • LTRLTR posted at 7:06 pm on Sun, Sep 16, 2012.

    LTRLTR Posts: 1171

    1. I think the 2009 election lawsuit showed a disregard of following the election laws. Several County employees did not follow the laws regarding keeping records and date stamping ballots. The previous election clerk allowed a former Post Falls resident who was serving in the military to vote in Cda. elections even without having a residence here . That’s hogwash! Business addresses were used when the absentee ballot indicates people must use their residential addresses. People living in Canada for several years on a permanent basis using their parents address to vote. All hogwash! Even the State Elections officer was allowing the opening of ballots prior to election day when there was no law supporting his decision. Its nonsense!

    There were too many errors and I as a voting citizen want them cleaned up. If Jim Brannon did not bring on this lawsuit, we all would of never known the extent of disregard for applying the laws as written.

    2. The lawsuit showed the extent of the City of Cda. to stop the lawsuit and one has to ask “why”? Why didn’t the City try to assure us that laws were being followed? Don’t they care about the integrity of votes?

  • Rogue Cop posted at 6:36 pm on Sun, Sep 16, 2012.

    Rogue Cop Posts: 2274

    I agree with Myers with a slight exception. I don't think he can win re-election, but he's got the grandiose ego to try. I think he wants to be Mayor. he's one of those guys who is impervious to criticism and thinks he's unbeatable.

  • bionic man posted at 4:30 pm on Sun, Sep 16, 2012.

    bionic man Posts: 347

    curiouser.....this issue is long over due. the voting system in cda has been fixed for many years....the people are tired of the "big money/greed" influence that has been going on for so long....the recall would have happened if the votes were counted as they should have been. hopefully the re-ed/blo-em era of politics and control will end here in cda....and if you don't notice, re-ed & blo-em keep a low profile around town......they both know they're not liked by the general public. they run in their circles which don't include the general public.

    looking forward to the outcome of this trial.......think about it,,,,,a "3" vote separation?????? something is wrong. in a community of 60k and even 1/3 % voting,,,,the margin of error out weighs the final tally given at the last election

  • curiouser posted at 4:08 pm on Sun, Sep 16, 2012.

    curiouser Posts: 78

    Mr. Ingram: Some Non-residents are legal, protected, registered voters. There are federal laws protecting the voting rights of US citizens abroad, from military to embassy personnel to missionaries to, yes, just plain citizens living abroad. If this is the crux of the issue, good luck.

    Idaho law has never issued further clarity to define restriction to federal vs local elections, not before this case was settled NOR AFTER!!!

    The election of '09 is as it was, just a very close election. It is remarkable that with ALL the inspection brought to the investigation of this election the discrepancy was a total of just a 3 vote sway. When you look at the errors made in elections since, you will see that ANY election can (and does) have human error, and in many cases there are far more than 3.

  • concernedcitizen posted at 1:52 pm on Sun, Sep 16, 2012.

    concernedcitizen Posts: 2530

    Gary Ingram

    The stakeholders knew this was coming. It's robably why the big rush to get McEuen to a point that it is irreversible.

  • Gary Ingram posted at 11:00 am on Sun, Sep 16, 2012.

    Gary Ingram Posts: 90

    Too bad this story didn't include that Judge Hosack is also being appealed on the failure to apply Idaho law concerning legality of counting non resident absentee votes. This is the heart of the appeal.

  • local res posted at 10:30 am on Sun, Sep 16, 2012.

    local res Posts: 1164

    Perhaps an end to the rein of the queen bee's power. She can only watch as long as there is no tie. I wonder who she is anointing with royal jelly. Sara Meyers or will it be Jennifer Drake?

  • Jill Heine posted at 9:44 am on Sun, Sep 16, 2012.

    Jill Heine Posts: 408

    perfect timing. wait until McEuen is etched in stone.

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