Huckleberries Online

For Those Keeping Score At Home …

Posted by DFO

Dec. 2, 2009 10:51 a.m. • 10 comments

… Challenger Jim Brannon is, indeed, seeking to annul the entire Coeur d’Alene City Council election of Nov. 3, from Mayor Sandi Bloem’s victory over Joe Kunka, to the three council races that were won by the incumbents. City Attorney Mike Gridley, who said he’s still trying to digest the lawsuit filed by Starr Kelso in behalf of Brannon, confirmed that this was the intent of the lawsuit. Failing the bid to overturn the entire election, Brannon asks in a separate entry that his 5-vote loss to Mike Kennedy be annulled. Gridley plans to make a motion to dismiss the lawsuit at the preliminary phase of the hearing before Judge John Mitchell.

10 comments on this post so far. Add yours!

spokelooneh on December 02 at 12:39 p.m.
That relief is extremely unlikely.

BTW, you’re not going to get much info about this case from the defendants nor from the plaintiff or the cabal backing him. The matter is before the court, and neither side is going to want to tip their hand.

Prepare to begin seeing numerous “Can’t comment due to on-going lawsuit” non-statements.
ShoshoneConservative on December 02 at 2:22 p.m.
I would think there would be some issues with standing as to the other races. It would be the equivalent of Bush and Gore challenging votes in Florida for the U.S. Senate race, or local dog-catcher. If there was a problem regarding his own race, then, fine - he would have standing to sue (the merits of the claim are another matter…), but, as to the others, I would think that would be for the losing candidates in those races to challenge.
simpleton on December 02 at 2:36 p.m.
Does anyone know what the standard is for overturning an election in Idaho? What I mean is, would it be enough for Brannon to prove one person voted who should not have been allowed to, or would he have to show that a certain number of improper votes were cast? I would think that it would be pretty easy in any election to prove there was at least one improper vote was cast. DOTC is good, but I doubt even he could ensure a “perfect” election every time.
nic on December 02 at 2:40 p.m.
“Failing the bid to overturn the entire election, Brannon asks in a separate entry that his 5-vote loss to Mike Kennedy be annulled.”

Is this why Mike is listed as a defendant twice?

Beside the point. I see this as an all or nothing deal. If the reults of the other races are valid, then the results of the Kennedy/Brannon race is valid. It’s all on the same ballot. All ballots are counted the same way.
Joker on December 02 at 2:43 p.m.
Instead of those cheesy “I voted” stickers we need to have purple dye (that doesn’t come off) applied to our fingers,
Cindy_H on December 02 at 2:51 p.m.
Silly, Joker.
Everyone knows that soon no one will be allowed to vote unless they have a special mark tattooed on their hand or forehead.
Sisyphus on December 02 at 2:54 p.m.
“Does anyone know what the standard is for overturning an election in Idaho?”—that’s the $64 million question from the complaint.

“Would it be enough for Brannon to prove one person voted who should not have been allowed to, or would he have to show that a certain number of improper votes were cast?—I don’t think so. He has to show the illegal votes, if any, would have thrown the election his way.

Election contest statutes are here.

http://www.legislature.idaho.gov/idstat/Title34/T34CH20.htm

But the Complaint seems to say that only the municipal statutes apply which are here.

http://www.legislature.idaho.gov/idstat/Title50/T50CH4.htm

Like Mr. Gridley, I’m digesting the complaint as well, but with a commensurate amount of incentive. Knock yourselves out.
Joker on December 02 at 3:03 p.m.
@Cindy, I want a tattoo that says “I voted for stupid.”
Phaedrus on December 02 at 4:19 p.m.
I want a tattoo that says “I voted for stupid.”

That surprises me, I would have thought you voted for Kennedy.
Joker on December 02 at 4:23 p.m.
I did. Less of two evils, which is how I base most of my voting decisions.

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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.