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Clarno will include GOP statement in Voters’ Pamphlet but appeal ruling

voter pamphlet

(Update: Clarno says statement will be included, but ruling challenged)

SALEM, Ore. (AP) — A Marion County judge ruled Monday the Oregon Republican Party should be permitted to place its November election statement in the state voting guide although the secretary of state’s office says the party missed the deadline by 29 seconds.

Judge Channing Bennett said state GOP Chairman Bill Currier completed his portion of the transaction in the minute before the 5 p.m. deadline on Aug. 25, Oregon Public Broadcasting reported. Bennett said that is more important than the time at which the state finished processing the filing.

Secretary of State Bev Clarno, who oversees Oregon's elections, said later Monday the GOP statement will be included in the voter guide -- but the ruling will still be challenged, to clarify the rules.

Bennett said the Oregon Voters’ Pamphlet, which includes statements from candidates and information on ballot measures, must go to print Friday to get to voters on time.

The judge said that the time it takes to process an electronic filing is arbitrary and doesn’t provide the certainty called for in law. He said state law sees the policy statements of a major party as “necessary to a free and informed electorate” and that this outweighs ambiguities in the election deadline.

The state Democratic Party and six minor parties submitted their statements without any hitches. But Currier said he had problems filing earlier in the day and did not log into the state’s online reporting system until 4:52 p.m.

Salem attorney Kevin Mannix, who represented the party at the hearing, argued the deadline was unclear because it only referred to “5 p.m.” He said that could mean 5 p.m. sharp or up to one second before 5:01 p.m.

Brian Simmonds Marshall, an assistant attorney general, said the state has the right to interpret its rules and that the law says “not later than 5 p.m.” He noted that a Wisconsin case concluded that a 5 p.m. deadline means that exact second.

News release from the Oregon Republican Party:

Court Orders Secretary of State to Publish Oregon GOP Statement in Voters’ Pamphlet

Attorney Argues that it’s in Voter’s Best Interest to Include Statement

Salem, OR – The Oregon Republican Party released the statement below following today’s ruling by the Marion County Circuit Court ordering the Secretary of State to include the Oregon Republican Party statement in the 2020 general election voters’ pamphlet, which is sent to every household in Oregon prior to receiving their ballots.

“I was very pleased to see that Judge Channing Bennett had fully reviewed all of the materials submitted by both sides and carefully considered our arguments before making his ruling,” said Kevin Mannix, attorney for the Oregon Republican Party in this case.

Mannix argued successfully that public policy, pursuant to ORS 247.005, supports allowing of the publishing of the voters’ pamphlet statement in this case so that voters have full access to information prior to casting their ballot.

“I appreciate that the court noted that the party had completed uploading the voter pamphlet statement prior to 5 pm and that the timing of the credit card payment processing was at issue,” stated Oregon Republican Party Chairman Bill Currier.

“We are pleased that today’s decision by the court will allow voters to compare the statements of the Republican Party with the Democrat Party side by side,” said Currier.  “Being able to review each party’s principles and values before voting is clearly in the best interests of Oregon’s voters.”  (The full text of the statement is here)

News Release from Oregon Secretary of State's Office:

Secretary of State Bev Clarno Responds to Circuit Court Ruling on Voters' Pamphlet
SALEM, OR — In light of today’s decision by the Marion County Circuit Court, Secretary of State Bev Clarno has announced she will accept the Voters’ Pamphlet statement from the Oregon Republican Party that was filed after the 5 p.m. deadline on August 25.

All political parties are afforded an equal opportunity to include a statement in the Voters’ Pamphlet, but are required to file the statement before the deadline.

As the court’s opinion did not fully answer the legal questions surrounding this filing deadline, the Secretary will appeal the ruling for administrative clarity. As this appeal runs its course, it will not affect this year’s Voters’ Pamphlet, which will include the Oregon Republican Party’s statement.

“I have asked my team to ensure the Oregon Republican Party’s statement is printed in the Voters’ Pamphlet for November’s General Election,” said Clarno. “At the same time, I still believe 5 p.m. is 5 p.m. and we will appeal the ruling to ensure there is a bright line for filing requirements going forward.

"I and our Elections Division remain deeply committed to administering all of our election processes in an open, transparent, and nonpartisan manner.”
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  1. Lame. Lame. Lame. Not because I don’t believe that all information should absolutely be given to voters at election time. But here guys totally waited until the last minute, submitted late and cried like babies when called out for it. If literally EVERY other party was able to submit successfully, they could have to. So, those that complain the loudest even if they are in the wrong, get what they want. Good to know.

    1. There is strategy to submitting at the last minute but I suspect you’re unfamiliar with such strategy.
      The bottom line is it was successfully submitted on time the fact that the state took their time to process it is their problem.

      1. Deadline is when the materials are received, not submitted.

        As GOP member for more than 40 years, I cannot believe the incompetence of state committee. Next they’ll say the dog ate their homework.

        1. Wrong !

          When you submit your taxes- they must be postmarked or slotted in a box by a certain day and time- when they are finally delivered to some secretary is irrelevant.

          All businesses that I know of and work with always provide a bumper amount of time for when they realistically “need” the documents. So if we are requesting proposals- we give ourselves at least two weeks to go through them- which means the deadline for submission is three weeks before that final date- giving everyone plenty of time to get their work done.

          We’ve never seen a proposal yet with chew marks on it !

    1. Obnoxiously loud minority ? That’s funny, and it actually sounds more like your little group of disruptive, destructive, violent, arsonists that have decided to turn downtown Portland into their new home…
      Not real sure how you have convinced yourself that the GOP is running our country into the ground. Last I knew, the GOP is trying to keep the endless line of illegals out of our country. It’s your party, and your Governor that not only encourage these criminals to come here and live in Oregon and other states, but they willingly break the law by supporting and protecting those people. Congratulations, that’s really something to be proud of, and contrary to the belief of the left, that is not helping this country,
      Far from it… As far as not being on time, you must have missed the part of the story above where it says a judge decided that it was filed on time. Yes it was ridiculously close, and it was stupid not turning it in sooner so time wasn’t an issue, but on time means on time.

    2. And the left can’t read…

      “state GOP Chairman Bill Currier completed his portion of the transaction in the minute before the 5 p.m. deadline on Aug. 25”

      Once again- the Demokrat haters get caught trying to change the rules of the game- move the goalposts- Cheat ! No wonder yer children are such heinous little cretins ! Ha-Ha !

  2. Seems pretty simple to fair minded people- the rules are the rules !

    “state GOP Chairman Bill Currier completed his portion of the transaction in the minute before the 5 p.m. deadline on Aug. 25”

    This has been on ongoing challenge for the GOP in Oregon for decades- the constant lying-cheating weasel like antics of the Dumbocrats- because the rules just don’t apply to them.

    We see it at the national level with cretins like Hillary Clinton making up her own e-mail provider- lying to congress about it- and then chuckling at the dumbos in her party- snicker snicker… and then she sat there mouth breathin’ and chuggin’ a bottle of Annie Green Springs Dog slobber whine the night she got defeated in historical fashion- will take that loss to her grave !

    So go ahead you know the drill- put yer dog slobber down and prove me wrong !

    1. I agree that with an online system, the deadline can only fairly apply to the actions of the person making the submission, regardless of when the state happens to process it. Maybe we should do the same for mail-in voting.

      Yet you’re clearly wrong in suggesting that this can be blamed on Democrats, since the Secretary of State is a member of the GOP (and not just in name, she was a speaker of the Oregon house, chosen by her fellow Republicans). So it’s been proven, once again, that even when you see the facts, you don’t understand what they mean.

      1. Not “blaming” the Demokrats for anything but trying to cheat the rules- we know this because of this simple ruling…

        “state GOP Chairman Bill Currier completed his portion of the transaction in the minute before the 5 p.m. deadline on Aug. 25”

        The judge has spoken !

        1. So this word explosion—“This has been on ongoing challenge for the GOP in Oregon for decades- the constant lying-cheating weasel like antics of the Dumbocrats- because the rules just don’t apply to them.”—was just your gratuitous mentions of some apparently unsupported, disembodied Bad Thing that Democrats do, even though it had nothing to do with the story? What was the “this” that you mean? Admit it, you can’t post a single “thought” (I’m being generous) without trying to blame Kate Brown. She is in your head, little man. You fantasize about her, don’t you? “Oh, Kate, make me wear the mask….”

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