Huckleberries Online

SR: If You Don’t Succeed … Sue

Posted by DFO

Dec. 2, 2009 8:28 a.m. • 10 comments

There’s a plausible case to be made for such a strategy, given the allegations spelled out in Brannon’s suit. He doesn’t claim that the tabulation of ballots – 3,165 for Kennedy, 3,160 for Brannon – is inaccurate. He believes the election itself is flawed, so the outcome would be flawed, too, even if unchanged. So skip the recount and get right to the lawsuit. But the scattergun approach is nevertheless unsettling. The challenge names about a dozen city and county officials, elected and appointed – all in their official capacities, of course. It alleges defective actions, including some practices that have been common (and uncontested) for years. It asks that the entire election be invalidated, but if not the whole election, then at least the Kennedy-Brannon race. Yes, that’s the way litigation works. That’s also what causes the discomfort/Spokesman-Review Editorial Board. More here.

Question: Do you think incumbent Mike Kennedy would have sued to annul the election, if the shoe was on the other foot?

10 comments on this post so far. Add yours!

Phaedrus on December 02 at 8:40 a.m.
Has anyone ever asked Jim Brannon his position on tort reform?
simpleton on December 02 at 8:41 a.m.
I have a question for anyone smarter than me. If Brannon succeeds in overturning the election, does that also overturn the failed jail expansion proposition? Given the controversy over the Washington court allowing Mr. Clemmons out of custody, would anyone anticipate a different outcome here if there were a new vote on the jail?
wheels on December 02 at 8:44 a.m.
Mike would probably ask for a recount but I feel he has more respect for the process than to go to this extreme.Taxpayers should be mindful of this use of resources.
Joker on December 02 at 8:46 a.m.
No. Mike Kennedy has larger political aspirations. He would have asked for a recount and moved on with his political career.
Charlie on December 02 at 8:48 a.m.
Simpleton has a good question, but lets take it farther. Could this go far enough to make McCain president? ;-)

In all seriousness, could this turn into the proverbial slippery slope?
Phaedrus on December 02 at 9:02 a.m.
In all seriousness, could this turn into the proverbial slippery slope?

i believe so. If Brannon is successful, I plan on challenging every election that a Republican candidate wins in 2010. (And I’ll challenge prior elections too, if the laws allow.) The Idaho GOP better start fundraising now. ;-)
Cindy_H on December 02 at 9:07 a.m.
Are we going to have a daily WWMKD thread?

I’m pretty sure Mike would get another cup of coffee.
Just saying.
Laughing on December 02 at 9:08 a.m.
Hold the presses. Errr, what, you say the “run” has already been completed? Oh, never mind. It should be noted, however, that contrary to the editorial, the complaint does seem to claim that the “tabulation of ballots is incorrect.” The November 4th canvass report attached to the complaint reflects that 2051 absentee ballots were counted. The November 6th Ballot Record attached to the complaint states 2047 absentee ballots were received and 5 voided. This would seem to reflect that 2042 absentee ballots were legal and counted, and not the canvass number of 2051. The November 16th Ballot Record, also attached to the complaint states that 2049 absentee ballots were received and 7 voided. This would seem to reflect that 2042 absentee ballots were legal and counted, and not the canvass number of 2051. In any event, there does not appear to be any record of absentee ballots that adds up to the 2051 on the canvass report.
Lizard_People on December 02 at 12:51 p.m.
What do you guys have against fair and free elections?

If this suit is found baseless, then Brannon is a nincompoop at best, a dangerous malcontent at worst.

But if there are unfair practices found, then Brannon is an American hero.

If Brannon won, and Mike Kennedy challenged the election, and exposed irregularities, then he would be a hero, too.

Mike Kennedy and Brannon are basically interchangeable in this instance, because these are non-partisan races, and we aren’t talking about two groups of cliques here, one in power and one out-of-power… right? right???
Phaedrus on December 02 at 12:57 p.m.
When the Reagan Republican’s stepped in and resurrected Brannon’s moribund campaign in an attempt to drag his carcass across the finish line they effectively took all non-partisanship out of the race. look at the endorsement ads both candidates ran, Brannnon had only a few Republicans and Kennedy had a well balanced blend of Repubs and Demos.

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D.F. Oliveria is a columnist and blogger for The Spokesman-Review. Huckleberries Online was judged the best 2008 Idaho newspaper blog by the Idaho Press Club. And the best 2007 news blog in the Pacific Northwest by the Society for Professional Journalist. Print Huckleberries is a past winner of the Herb Caen Memorial Column contest by the National Association of Newspaper Columnists. The Readership Institute of Northwestern University cited this blog as a good example of online community journalism.