BREAKING HARD... Democrat Secretary of State Killing GOP Candidacy!
Serious Election Blunder by Secretary of State and Washington County Clerk forces Jeff Duyck to Withdraw as Oregon House Candidate
UPDATE: Map of Jeff Duyck's residence and district boundaries below the jump
Holy Smokes! This is a completely unacceptable action by the highly partisan Democrat Secretary of State Bill Bradbury.
Oregon Democrats know that they have a serious fight on their hands to retain control of the House of Representatives and that Democrat Chuck Riley is in serious danger of losing this seat to Republican Jeff Duyck. Duyck is a long time resident and business owner in the district and was picking up some serious steam in his campaign.
So what does the SoS do? They simply find a mistake THEY made and force the Republican to withdraw from the race!
Just how many freaking times does the Democrat SoS have to make mistakes before the entire establishment (including the 4th estate) finally declare this guy incompetent?
Does anyone remember when Judge Schuman was running for Oregon Court of Appeals and failed to file a voter's pamphlet statement? Remember how the Democrat Sec. State LOOKED THE OTHER WAY and allowed him to file the statement even though the deadline had passed?
Remember how for years the questions of Frank Shields residency questions were overlooked?
How freaking partisan can Bradbury and the entire elections establishment in Oregon get?
This started with a letter from a token "activist" Theresa C____r questioning Jeff Duyck's residency. Then of course the Democrat SoS did their investigation. Her letter was obviously written by an attorney that cited the statute regarding residency.
The SoS drew the boundary through the middle of Duyck's property and a county bureaucrat determined that Duyck lived in district 29 and has voted in district 29 for years. Amazing how most districts are drawn along roads other definable boundaries and property lines. Yet this one decides to follow a road and then cut through Jeff Duyck's property. Etc....
Read the rest and weep Oregon. We joked sometime back that the Democrats in the last session were going to simply make it illegal to be a Republican. Now one wonders when they are actually going to just get it over with and draft the bill.
Serious Election Blunder by Secretary of State and
Washington County Clerk forces Jeff Duyck to Withdraw
as Oregon House Candidate
Seven-Year Error Found After Elections Officials Certify Duyck's Nomination
Forest Grove, Or. – For seven years Washington County Elections, using data from the Secretary of State's office, has listed Jeff Duyck as a resident of House District 29. For seven years, Washington County Elections has sent Duyck official ballots for House District 29 and he voted as a resident of that district. When Duyck filed to run for office earlier this year and listed his address, Washington County Elections qualified him to run in HD-29. Finally in June, after the Primary Election, Washington County Elections certified his nomination as the Republican candidate in HD-29.
After months of hard work, significant community support and thousands of dollars raised, Washington County Elections is now essentially saying "Whoops! Sorry, you can't run."
"This is a serious mistake, and it shouldn't be taken lightly," said Duyck. "My family has lived in this area for three generations, and this was my opportunity to give back. The chance to serve my friends and neighbors has been taken away from me. "
As recently as June 26, 2008, a call placed to the Washington County Elections still verified that their records listed Duyck as a resident of HD-29. Additionally, the State's "Find Your Legislator" function on the Legislative website also returned notice that Duyck was a resident of HD-29.
"This is an egregious error," said House Republican Leader Bruce Hanna. "Jeff Duyck and his supporters trusted the County and the State and that trust was violated. What more could Jeff have done? He checked his residency with the County, with the State and through the Legislature's 'Find You Legislator' search. Perhaps most troubling, he was qualified by the Secretary of State to run and then his Primary victory was recently certified by that office as well. The residents of District 29 are the real victims in this situation; they no longer have the opportunity to send Jeff Duyck to Salem on their behalf."
Jeff Duyck is reviewing all his options and will keep both his supporters and the media up to date.
Background: Duyck is a former farmer and former owner of Dutch Country Mercantile and Pacific Harvest Supply. Duyck is a long time member of the Forest Grove Chamber, the Corneilus Chamber (past president) and the Forest Grove Rotary. He grew up attending Forest Gove schools and has sent his own children through the same.
###
Here is a map of district 29. You may have to click on it to see it enlarged. What you will see is the red line as the boundary of d29 and the blue line is the property that Jeff Duyck owns. Note that the majority of Duyk's property is in d29.
Jeff lives in the smaller pie shaped area and his house is actually right on the edge of the boundary.
Also note that Washingon County elections office has been erroneously sending the Duyks improper ballots for the last 7 years and we assume illegally counting those ballots. The question now remains as to whether or not WashCo elections and/or the SoS has been violating election law by sending and counting those ballots for the last 7 years.
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45 comments:
Didn't Bradbury cut Jason Atkinson out of his district and Jeff Kropf get cut out of his district?
You never actually answer the question: does Duyck live in the district? And the answer is no.
Show us the map. His house isn't in the district. He doesn't live in the district.
You (rightly) go off after the Washington SOS agrees to let signatures on a petition that didn't match count.
Then you flip on this case.
Either you're for the actual rules of law, or you're against them.
Yes, Bradbury redrew Atkinson's district around his existing house, forcing him to move in order to run for re-election.
I don't know about Kropf - does anyone else have info on that?
as for Duyck:
does he live in the district? every government official, INCLUDING the Secretary of State, had previously said "yes." That's certainly a form of legal reliance. Given this sort of error, and the previous precedents set by the SoS regarding problems with LIBERAL candidates for office, the proper remedy would seem to be correcting the districting anomaly in Duyck's favor (and in the Republican constituency of the district's favor - remember, this isn't just about him, it is about every registered GOP voter in the district!).
This is an issue that Rick Dancer needs to pick up hard and fast. This is EXCELLENT campaign fodder to get the conservative base revved up, something Dancer hasn't really done yet.
Hmmm... perhaps Atkinson, who is safe enough in his own district that he can afford to focus on other people's campaigns instead of his own, should tour the state with Dancer to talk about the problem?
I am opposed to an inept SoS and Washington County elections office who ALL said that Duyck was in district 29.
For some reason the SoS drew the lines so that they did not follow the standard barriers. Why?
Then after drawing his own lines he (Bradbury) failed catch his mistake when it came to Duyck running for this seat.
Was Bradbury just that stupid? Or was he playing rope-a-dope and letting the process move along?
THAT'S the primary point here.
Let me ask you this.
If the line runs through Duyck's property, as I am told, but his actuall residence is on the other side of the line... Could Duyck simply build a shack on his property and say that that is his resedency?
The SoS has already set a president for allowing some deadlines to be moved when he allowed judge Schuman to file a late voter's pamphlet statement.
After all deadlines and residency requirements don't really matter when it comes to Democrats.
UPDATE: I have learned that the district line does indeed run THROUGH Jeff Duyck's property.
Jeff owns about a 125 acres and over a hundred of those acres are in district 29.
However due to Knighten creek and the environmental set backs that were required he had to build his house back from the creek just enough so as to not be in the district.
For the last several years every election office has had him listed as a district 29 resident.
""BREAKING HARD... Democrat (sic) Secretary of State Killing GOP Candidacy!"
Not that the Oregon GOP needs any help.
He would have needed to establish residency in the district for a while; so no, building a new shack doesn't work.
And the argument is pretty much: if the Secretary of State kept getting it wrong, then he shouldn't make it right. That seems wrong.
Anyone could have looked at a district map before Duyck filed. The failure to look at that map is the Republican's fault, not the fault of the law.
I don't know if the SOS can redraw district lines right now to deal with this; my guess would be NO. You can't change the district just to make up for someone filing who didn't live in the district.
As someone who's gotten in trouble by listening to the SOS's advice before, I say: the law's the law. It's your responsibility to follow it, and you can't trust others to help you do that.
I believe now is the time for a major lawsuit against Bill Bradbury, the Secretary of State's office, and the Washington County Election's Office.
And, and I think Murphy needs to be executed.
If Duyck files a lawsuit it would be against Bradbury in the "friendly confines" of Marion Co. Can anyone remember who the judges are in Marion Co.? (written facetiously.)
Lipscomp & comapny would rule against Duyck and that would be that.
Bradbury strikes again and here come Brown.
anon 1:52,
So you are saying that Democrat Bill Bradbury can overlook deadlines when it comes to Democrats (judge Schuman) and not when it comes to Republicans?
Do you remember the excuse the SoS gave to allow Schuman to get his voter's pamphlet statement filed late? It was: "it was our mistake and not his. we told him the wrong deadline."
So there ya go. Double standard.
Not that that is anything new when it comes to Democrat politicians.
yip yip
murphy? Are you saying that Bradbury is not a Democrat?
Republicans should do their homework. dot your Is and cross your Ts. Follow the law.
Are you advocating that Bradbury change statute and legislate from the sos office.
Even if he had it wrong the entire time (which, granted, is a black eye for him) you cannot change election law without going through the legislature and getting the bill signed by the Governor.
The fact that Duyck voted in this district for at least a couple of years is a sign that it wasn't some devious plot by the sos. How could the sos have known that Duyck would run in 2008.
Bruce Hanna screwed up and should be called out. He is responsible for making ABSOLUTELY CERTAIN the candidate he recruits lives in the district they are running in.
Steve: They DID follow the law. The ones who did not follow it are the Secretary of State's office, who created this problem in the first place.
Until such time as you realize this, you need to brush up on "original sin".
Correction: they thought they were following the law. They weren't.
What part of living. in. the. district. don't you understand?
So apparently the Washington County elections department was violating the law when they were sending the wrong ballots to Duyck all these years?
Was the WashCo elections office guilty of election law violations for illegally COUNTY Duyck's previous ballots?
Was the SoS's office violating the law for not enforcing the boundaries drawn by their own office?
Was Schuman violating the law when he submitted a voter's pamphlet statement late and got it included in the VP anyway?
It is amazing that you don't see the duplicity here.
Isn't it odd that folks like Shields and Schuman found the grey area? Isn't it amazing that whenever anything even remotely close to this kind of thing happens it always FAVORS the Democrats?
yip yip
What part of living. in. the. district. don't you understand?
What part of "Being. Told. They. Lived. In. The District. do YOU not understand?
I haven't defended printing stuff in the voters' pamphlet. That was wrong.
I haven't defended Washington County sending the wrong ballots, or the SoS certifying him as a candidate. That was wrong.
There's no duplicity when I'm not defending the actions.
I'm simply saying the law is clear. It doesn't matter if your mom (or the elections department) told you it was OK, the law is clear.
"They DID follow the law. The ones who did not follow it are the Secretary of State's office, who created this problem in the first place. "
Really? They created the problem? Because Coyote himself says otherwise, when he states: "he had to build his house back from the creek just enough so as to not be in the district.
"
There you go. Case closed. Coyote admits Jeff Duyck doesn't live in the district.
End of story. No residency, no candidacy. Jeff Duyck created the problem himself.
The ultimate irony here is that Jeff actually lives in HD26, where he would have won handily and kept the seat in R control....
anon 3:52,
The law is clear? Perhaps, however the official government authorities who are supposed to help interpret the law are NOT clear.
And it is nice of you personally to say that you are not defending the voter's pamphlet stuff.
However, that does not take Democrat SoS off the hook for overlooking the law in the case of Democrat candidates and interpreting the law much more strictly when it comes to Republican candidates.
Again I call duplicity on the Democrats. As for you if the shoe fits...
yip yip
----
moonbat,
Did you ever visit Democrat Frank Shield's official residence when he was a legislator?
Heck did you visit his residence when he ran for County Commission (he was living in a ROOM provided by a friend.)?
In fact there was a newspaper story that ran about his mysterious residences.
Yet where was the Democrat establishment? Turning a blind eye?
Odd isn't it how Democrats get off the hook with regard to the law while Democrats control the election process?
-----
iwmpb,
EXACTLY. Jeff was going to win that district and the Democrats knew it and were scared spittless.
That district was one of those untold stories in this cycle.
Riley is incredibly weak and Jeff was not just going to win but he was going to mop the floor with Riley.
They know that that district votes Republican just like the district that David Edwards is in.
yip yip
Are you a furry coyote? Because if so, that pretty much invalidates everything you said.
Question: If the Washington County elections office illegally mailed and counted Duyck's previous ballots are they guilty of mail fraud?
Isn't mail fraud a federal offense?
No I am not furry. That means that EVERY THING I have said is valid.
yip yip
If you weren't a furry you wouldn't be yelling YIP YIP after every post.
Furry.
No IAC, HD26 is Jerry Krummel's district, which according to that map, is where Jeff actually lives.
Terry Rilling was going to screw up the race in HD29 anyhow (I agree that Chuck is very weak), so now an opportunity presents itself. The party replaces Jeff in HD29 and Matt "screwdriver" Wingard steps aside and lets Jeff run in HD26, which keeps it safely in R hands.
I heard that Vic Gilliam actually lives in Seattle but only owns a house in Silverton and Bill Garrard lives in Las Vegas, his Aide in Californian and they come to Oregon every session to represent the interest of a place that he owns a home he doesn't live in, in K-Falls.
There should be year round residency requirements and I am glad Duyck got caught. Ha Ha I love Bill Bradbury.
Yap, Yap
iwmpb,
Wingard will win his race in a walk.
hahahahaha jeff's not going to run in 26 and if you think he is you're a damned fool
Hey let's not lose sight of the fact that it is a Democrat SoS (Bradbury) who has screwed this whole thing up.
Of course it is a Democrat who is overseeing the entire elections process.
And we all have faith that Democrat Bill Bradbury is running an efficient office.
Perhaps when the Democrats push universal health care Bill Bradbury can run THAT operation as well?
yip yip
Why would anyone think that Duyck could win a three-way race against an incumbent Democrat in a Democratic-leaning district given that a high profile Independent was in the race and running to Jeff's right?
If Hanna had been on the ball, he would have known from the start that Duyck lived in HD26, and the Republicans would not have been stuck with Matt "the screwdriver" Wingard.
A comment, since it has been discussed on this blog and blue oregon -- Vic Gilliam absolutely lives in Silverton. His daughter just graduated from Silverton High School. His schedule and involvement in the community shows it. "I heard..." is not valid and should be backed up. Vic has been a good legislature and will continue to advocate for the community he lives in and loves.
If you build a house on a neighbor's property, and no one notices the error, and you go on living there for years, you can claim a legal right to the land.
If you have been living and voting as if you were in one district, and the SoS and County Clerks have been agreeing all this time that you have been entitled to vote, and then run, in that district, you should be able to make a legal claim that you are in fact a resident of that district.
If it can work for property lines, which TAKE LAND AWAY FROM A RIGHTFUL OWNER, then it can certainly work for an imaginary district line, where there is no owner being harmed. No one is harmed by a ruling in Duyck's favor. The entire GOP constituency of the district is harmed by a ruling against him.
Under basic principles of equity, a judge can and SHOULD rule that the land in question is, as a matter of fact and law, part of HD 29, regardless of the SoS map.
anon 6:45,
You know just about enough about this race to be dangerous.
Jeff was going to win easily and just who is this "high profile" independent?
Number two this district is not really Democrat leaning. (and don't give me registration numbers. for years Republicans have been winning districts with registration numbers that show a Democrat "lean".)
District 29 is at least 50/50 if not Republican leaning. Remember the last Republican to hold this seat was Mary Gallegos. She RAN as a staunch conservative and beat an appointed incumbent because of it.
The only reason she lost is because she was one of the few Republicans that joined Lane Shetterly and the gang to vote for a major tax increas. Because of that she drew a challenge from Libertarian Tom Cox and the grass roots base left her to fend for herself. And viola we give you Chuck Riley.
So even Riley's own incmbency is due to the conservative nature of that district.
Which is why the Democrats were scared spittles about running against a credible opponent.
Oh and Matt Wingard will win his district in a walk.
If you would care to be public about who you are and your predicions then feel free.
Until then we must assume, by the nature of your comments, that you are just merely some crackpot who likes to lob erroneous bombs.
yip yip
The Indy that has been intimated is Terry Rilling who ran a horrible race againt Riley in '06.
Word has it Rilling going to run for mayor of Cornelius, again.
anon 7:19
Yah I knew that...I was just trying to egg on the other anonymous to see his response. LOL
As I'd mentioned on BlueOregon, this absolutely is an embarrassment to the Washington county elections division. Regardless of the extremely complicated nature of determining residency when a district line bisects someone's property, the Clerk really should get all his ducks in a row.
Though partisans on both sides want to splatter mud in politically convenient directions - Democrats would like to blame Dyuck himself, Republicans would like to blame the Secretary of State - the truth is that both of these fine gentlemen have a right to assume that the county Clerk is doing his job.
The problem is that, unlike the voter's pamphlet issue that the SoS could handle internally - because he has been granted statutory authority to do so - there is no easy way to fix this error. About the best that can be done is for the Republican PCPs in the district to come up with a ballot replacement.
Typical Oregon Democrap bull*h*t. After all....Some ARE more equal on this animal farm then others. Bradbury has once again proven he is a facist.
Jeff was going to win easilyr and just who is this "high profile" independent?
Rilling got 45-46 percent of the vote after, by all accounts, running a por race in 2006. As a former mayor of Cornelius, and a current Sherriff's deputy, he is definitely well-known in the district, and would have killed Duyck's candidacy.
As things stand today, he is the only conservative candidate in the race. If you are a partisan Republican, you may not want to support an Independent, but if you are a conservative, then you should be thanking your lucky stars that he has stayed in the race.
My advice to Republicans is to take a serious look at the findings of the NRCC and take those findings to heart. Traditional Republican messaging is not working in this election cycle. Conservatives are much better off declaring their Independence from the Republican Party.
Go ask Jim Torrey whether being an Independent has helped him or hurt him in the Eugene Mayor's race.
anon 2:01,
So is Rilling not running for mayor now?
Saw a Rilling for Rep sign in Cornelius this am.
Betcha he's the one who tipped Ms. Carter. Betcha! (bird on a wire told me so)
Returning to Vic Gilliam for a moment, yes, it is true that his daughters live in Silverton - with his ex-wife. Gilliam's current wife lives in Seattle. You all can decide for yourselves where you think Gilliam lies his weary head at the end of the day...
From Blue Oregon
Plugging in Duyck's address (which is public record via ORESTAR) - 44775 SW Ritchey Road, Forest Grove, Oregon 97116 - you get this info:
State: Oregon
County: Washington County
County Subdivision: Forest Grove-Cornelius CCD
Census Tract: Census Tract 333
Block Group: Block Group 1
Block: Block 1097
Congressional District - 106th: Congressional District 1 (106th Congress)
Congressional District - 110th: Congressional District 1 (110th Congress)
State Legislative District, Upper Chamber - Pre-2010: State Senate District 13
State Legislative District, Lower Chamber - Pre-2010: State House District 26
It isn't hidden. Jeff Duyck lives in HD 26 -- not HD 29.
anon 11:55,
Well then it is even more amazing that the Democrat Secretary of State Bill Bradbury would have made such a major error these last seven years.
I mean what kind of office is he running?
Also amazing that the Washington County elections office would also make that mistake.
I guess that is what Jeff Duyck gets for putting his trust in Democrat officials.
He should have known better.
State Legislative District, Lower Chamber - Pre-2010: State House District 26
Wasn't this only changed after the "mistake" was found last week?
"In the data-base the address is in (district) 29." Mickie Kwai, Washington Co. Elections Mgr.
Secretary of State Bill Bradbury and Washington County election officials made the mistake of assuming that candidates know where they live. Ultimately it is the responsibility of the candidate to know where they live and if they make a mistake and get called on it to take responsibility for it. In other words, instead of blaming others, take personal responsibility.
Then again maybe it is part of genius Bradbury's master plan. "Look at the these Republicans. They don't know where they live. I'll bide my time and just before the election I'll disqualify them, one by one, muwhahaha"
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