Toler rejects complaint to Sec. of State
From our weekly issue dated November 5, 2008
Several Josephine County officials have been notified by the Oregon Secretary of State’s Office that it will review a complaint filed against them by Paul Walter, of Grants Pass, editor of NewsWithViews.
Walter’s complaint stems from a Wednesday, Oct. 22 news conference at the county courthouse in Grants Pass called by county commission Chairman Dave Toler, Sheriff Gil Gilbertson, Assessor Michael Schneyder, Treasurer John Harelson and legal counsel Steve Rich.
Contacted on Monday, Nov. 3, Toler questioned the legitimacy of the complaint.
“Anyone can complain; there’s no (cost), and the complaint has to be checked into,” said Toler. “It’s his (Walter’s) right to file a complaint, but I doubt its legitimacy; I think it will be ruled on soon” as being invalid.
Toler said the bottom line is that the law is intended to prevent voters from being influenced or interrupted by electioneering. He had received a reply from the Secretary of State’s Office in connection with persons, including candidates, speaking in Anne G. Basker Auditorium because of a ballot box within the legal parameters.
As for the news conference, the chairman said that the intent was to correct misinformation that “served to confuse citizens.” He added, “When we’re not allowed to correct mistakes, we’ll all be in a lot of trouble.”
Toler concluded that Walter “opposes me, and for the record, I’m quite proud of that.”
The news conference was in response to an advertisement placed in the Grants Pass Daily Courier by commissioner candidates Jack Brown and Sandi Cassanelli.
In his Oct. 23 complaint, Walter accused the county officials of violating Oregon Revised Statue 260.695, which prohibits electioneering within any state or local government elections office designated for the deposit of ballots. The crux of Walter’s complaint is that officials denounced Brown and Cassanelli’s ad in the commissioners’ conference room, which is within 30 feet of an official ballot drop box.
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On Monday, Oct. 27, Norma J. Buckno, Secretary of State’s Office compliance specialist wrote to officials.
“We will be reviewing this complaint as soon as possible to determine what action is appropriate and will keep you informed of any action taken,” Buckno wrote.
A similar letter was sent to Walter the following day.
Walter said that he places most of the blame for the press conference and his allegation of wrongdoing on Toler, as he did most of the talking during the conference.
“This letter demonstrates that the Secretary of State’s Office is concerned about these kinds of practices being conducted by county officials in public buildings,” Walter said. “This acknowledges Toler’s constant disregard of the law in order to further his own political agenda.”
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