Prosecutor Rules Assessor’s Shift To Republican Party Invalid

Assessor Tom Moore’s deathbed political conversion does not hold legal weight, according to a written opinion issued Monday by Kootenai County Prosecutor Bill Douglas.

Moore, who was serving his fourth term as Kootenai County assessor, died Nov. 12 after a long battle with cancer.

When Moore’s illness kept him away from work, the department was run by his second-in-command, Deputy Assessor Mike McDowell.

About two weeks before his death, Moore switched party affiliation, from Democrat to Republican, so that McDowell - a Republican - could be appointed to the assessor’s position.

Local Democrats cried foul when they heard the news, and asked Douglas to research the legalities of choosing Moore’s successor.

Douglas, a Democrat, sided with the Democrats.

“It is my opinion that the duly recorded document entitled, ‘Declaration of Candidacy,’ is the only official designation of Mr. Moore’s political party recognized by Idaho law,” Douglas wrote in five-page opinion.

Moore’s declarations of candidacy stated that he was a member of the Democratic Party.

According to Douglas, the local Democratic Party has the duty of submitting a list of three nominees to the Kootenai County commissioners within 15 days of Moore’s death.

He suggested that the Democrats contact local Republican leaders and solicit citizen input “to ensure that the names of the best candidates” are chosen.

“Naturally, the Democrats want a Democrat in there,” said Linda Payne, chairwoman of the Kootenai County Democrats. “They also want that office to run efficiently and effectively as it has under Tom Moore, so they’re certainly not going to create an awful mess.”

Payne said any interested people, Republican or Democrat, should submit their applications to the Kootenai County Democrats.

McDowell said he would apply.

“I do believe I possess the qualifications to do that job,” he said.

While he said the job is nonpartisan, McDowell believes it should remain an elected position because “the people who tend to be most responsible to the public are those who are elected to serve them.”

McDowell said the reason he didn’t swap parties in order to be considered for the job is because his allegiance is with the Republican party on national issues.

, DataTimes