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Michelle Nedved’s editorial in the Sept. 11 issue of The Miner Newspaper, titled “Recount proves election integrity,” with the sub headline “PCO challenge undermines it,” totally misses the mark and fails the fact check test.
Our POCR position is a very simple one. Membership matters. Especially with becoming a PCO.
Supported by the State Constitution and numerous state laws in Section RCW 29A, established in 2012.
These laws recognize that political parties play a special role in our political system. They provide certain legal protections to ensure the integrity of all major political parties within the state.
The legal candidate application form for PCO is provided to County Auditors by the Secretary of State.
Unlike all other partisan state filing forms for other offices, that say you must affirm a party affiliation, the PCO form clearly says that you declare, “under penalty of perjury, that you are a member of either the Republican or Democrat party.” RCW 29A. 24.
031, RCW 29A. 56.110 and RCW 29A. 84. 720.
Precinct Committee Officers (PCO) are critical to the integrity and function of the political parties.
Candidates for PCO must be a formal member in good standing, not just affiliated, or serving as an honorary capacity (Ex Officio) with, the political parties. State laws recognize the right of the formal political party organizations at the State level and for each County to determine the requirement for formal membership, as opposed to affiliation in the party. In Pend Oreille County the POCR is the only recognized county level organization for the State Republican Party. This has been settled law since 2012, when the US District Court, Western District of Washington and the legislature dealt with the fallout of adopting the current top two-tier method of electing our political officials in Washington State in 2008.
RCW29A. 60.280 and RCW 29A. 04.133.
Mr. Seaney did not meet these county or state-recognized membership requirements to run for Metaline PCO Precinct #9. His candidacy was illegal. Mr. Seaney also broke the law by falsifying his eligi- bility, per the findings of the POC Superior Court and the Judge ordered the POC Auditor to decertify his election. To date, the auditor has not fulfilled the court order by publicly issuing a corrected certification of the election results.
On behalf of the POCR, I notified POC Superior Court and all of the County officials about our concerns for these violations legally after the candidate filing deadlines of Friday, May 10th. The County failed to follow State law which required this matter be heard within five days of presenting the complaint by a Superior Court Judge. RCW 29A.
68.011 and RCW 29A.
68. 3.
Brian Smiley was never characterized as an “outsider” by me as Nedved claims, only that I believed he was not checking off all of the boxes as required by the State Party and the POCR for “Membership.” His report in the Selkirk Sun claimed he thought he was a member. Two weeks later he told the Miner, he was not a member. In the Sherriff’s report he admitted to not being as member. Only when he got to Court did he offer up “Ex-Officio” as sufficient for membership in the POCR.
We argued that “Ex-Officio” did not fulfill the County qualifications for membership, but did not prevail on that technicality. We believe Judge Reeve’s decision for Smiley leaves this issue of “Membership” open to appeal, and/or we can make our bylaws on ex-officio more specific.
Finally, Michelle Nedved says in her closing paragraph “What voter say should go.”
She would have you believe that anyone can be a member of a private organization without meeting their requirements. For years Mr.
Smiley, has told anyone that would listen that, “you do not have to be a member of the Republican party to vote and be a Republican.” That is true.
But, by law, you do have to be a “county party member in good standing” to run as a PCO. He did not check off all the boxes for membership.
As validated by the Court ruling, the misconduct by Seaney and the County (failing to respond to my initial notification) the integrity of the PCO election was threatened.
The POCR fulfilled its obligation to ensure fair elections under State law.
The POCR is considering the best direction for our party to take.
Michelle Nedved’s ire would be more properly directed at Mr. Seaney, Mr. Smiley, and anyone else involved in their decision to sign an oath to defraud the voters of their respective precincts.
To date, Mr. Seaney and Mr. Smiley have never made an effort to contact me as the six-year elected Chair of the POCR. Had either of them taken the time to let me know of their intentions, we could have avoided all of this.
You can find out more about your Pend Oreille County Republican party and see our bylaws at www.porwa.com including membership requirements. Monthly meetings are open to the public.
Respectfully following the law, and “Proud to Be Right.”
