Detail, east Portland photo, courtesy Miles Hochstein / Portland Ground.

For old times' sake
The bojack bumper sticker -- only $1.50!

To order, click here.

Excellent tunes -- free! And on your browser right now. Just click on Radio Bojack!

E-mail us here.


This page contains a single entry from the blog posted on March 21, 2012 7:45 AM. The previous post in this blog was Willy Week endorses Hales. The next post in this blog is Nurse Amanda says she's still way ahead. Many more can be found on the main index page or by looking through the archives.



Law and Taxation
How Appealing
TaxProf Blog
Mauled Again
Tax Appellate Blog
A Taxing Matter
Josh Marquis
Native America, Discovered and Conquered
The Yin Blog
Ernie the Attorney
Above the Law
The Volokh Conspiracy
Going Concern
Bag and Baggage
Wealth Strategies Journal
Jim Hamilton's World of Securities Regulation
World of Work
The Faculty Lounge
Lowering the Bar
OrCon Law

Hap'nin' Guys
Tony Pierce
Parkway Rest Stop
Along the Gradyent
Dwight Jaynes
Bob Borden
Dingleberry Gazette
The Red Electric
Iced Borscht
Jeremy Blachman
Dean's Rhetorical Flourish
Straight White Guy
As Time Goes By
Dave Wagner
Jeff Selis
Alas, a Blog
Scott Hendison
The View Through the Windshield
Appliance Blog
The Bleat

Hap'nin' Gals
My Whim is Law
Lelo in Nopo
Attorney at Large
Linda Kruschke
The Non-Consumer Advocate
10 Steps to Finding Your Happy Place
A Pig of Success
Attorney at Large
Margaret and Helen
Kimberlee Jaynes
Cornelia Seigneur
And Sew It Goes
Mile 73
Rainy Day Thoughts
That Black Girl
Posie Gets Cozy
Cat Eyes
Rhi in Pink
Ragwaters, Bitters, and Blue Ruin
Rose City Journal
Type Like the Wind

Portland and Oregon
Isaac Laquedem
Rantings of a [Censored] Bus Driver
Jeff Mapes
Vintage Portland
The Portlander
South Waterfront
Amanda Fritz
O City Hall Reporters
Guilty Carnivore
Old Town by Larry Norton
The Alaunt
Bend Blogs
Lost Oregon
Cafe Unknown
Tin Zeroes
David's Oregon Picayune
Mark Nelsen's Weather Blog
Travel Oregon Blog
Portland Daily Photo
Portland Building Ads
Portland Food and
Dave Knows Portland
Idaho's Portugal
Alameda Old House History
MLK in Motion

Retired from Blogging
Various Observations...
The Daily E-Mail
Saving James
Portland Freelancer
Furious Nads (b!X)
Izzle Pfaff
The Grich
Kevin Allman
AboutItAll - Oregon
Lost in the Details
Worldwide Pablo
Tales from the Stump
Whitman Boys
Two Pennies
This Stony Planet
1221 SW 4th
I am a Fish
Here Today
What If...?
Superinky Fixations
The Rural Bus Route
Another Blogger
Mikeyman's Computer Treehouse
Portland Housing Blog

Wonderfully Wacky
Dave Barry
Borowitz Report
Stuff White People Like
Worst of the Web

Valuable Time-Wasters
My Gallery of Jacks
Litterbox, On the Prowl
Litterbox, Bag of Bones
Litterbox, Scratch
Ride That Donkey
Singin' Horses
Rally Monkey
Simon Swears
Strong Bad's E-mail

Oregon News
The Oregonian
Portland Tribune
Willamette Week
The Sentinel
Southeast Examiner
Northwest Examiner
Sellwood Bee
Mid-County Memo
Vancouver Voice
Eugene Register-Guard
OPB - Portland
Salem Statesman-Journal
Oregon Capitol News
Portland Business Journal
Daily Journal of Commerce
Oregon Business
Portland Info Net
McMinnville News Register
Lake Oswego Review
The Daily Astorian
Bend Bulletin
Corvallis Gazette-Times
Roseburg News-Review
Medford Mail-Tribune
Ashland Daily Tidings
Newport News-Times
Albany Democrat-Herald
The Eugene Weekly
Portland IndyMedia
The Columbian

The Beatles
Bruce Springsteen
Joni Mitchell
Ella Fitzgerald
Steve Earle
Joe Ely
Stevie Wonder
Lou Rawls

E-mail, Feeds, 'n' Stuff

Wednesday, March 21, 2012

Isaac says Kate Brown got it wrong

Is the upcoming election for Oregon labor and industries commissioner in May or November? Until the other day, we all thought it was in May, but Secretary of State Kate Brown has re-read state law and now says the election can't be held until November. A lawsuit ensues.

Portland's own pseudonymous legal pundit, Isaac Laquedem, has taken a look at the law in question, and he opines that Brown's misreading the statute in question. He's got us convinced, anyway.

Comments (16)

Jack, thanks for the vote of confidence. There's a lot more I could have said about the statute and Ms. Brown's error, and some that I'll add in a day or two. One glaring reason that I think Ms. Brown isn't reading the law correctly is that the bill that shortened the Labor Commissioner's term to two years for this election was presession filed in 2009 at the request of then-Secretary of State Bill Bradbury, meaning that Mr. Bradbury and his staff proposed the idea in the first place. If they had believed that the bill prohibited the state from holding the Labor Commissioner election in May 2012, they would have said so long ago.

That's a wrap.
Well done Isaac.

So the only remaining unanswered question is
why did Brown put these candidates on the May ballot then pull this crap.

One explanation is SEIU types
must of had some polling showing the May primary likely to elect the Republican because of the Republican primary attracting more of their voters.
They complained to Brown and she obligingly revised her "interpretation" of the 2009 law to suit their needs.

I presume most people will see it as an indefensible stunt that will go down in infamy.

Sounds like more Oregon politics-as-usual... "the law says what I say it says".

What's the real loss to require a lawsuit? There will still be an election. They will still get their full term and compensation when elected.

Why can't they be ADULTS, just shake hands and agree to suspend their campaign until later?

Seriously. This is utter bull shit. Now they want to file lawsuits? Here's a better idea - if they're going to waste MY money on a lawsuit, just disqualify BOTH of them from the race.

(And then fire the SOS for not doing her job right for putting them on the ballot, and then pulling them from the ballot. She should know better. If she's that incompetent, she should resign.)

Done, done and done. No lawsuit, no waste of tax dollars.

If Brown is correct, then why did she apparently enforce the deadline to file for the office so soon? Shouldn't the filing deadline be much closer to the November election, opening the possibility that more than two candidates would be on the ballot then and none might get a majority of the votes?

Brown's decision seems fraught with unintended consequences.

It says something when even the partisans at BlueOregon are speechless ...

Here's another reason Kate Brown is wrong:

She says that the 2009 law requires that the BOLI election be held in November. OK, but what happens if neither candidate gets a majority in that election?

(Yes, it can happen. Remember the Maurer/Castillo race? With enough write in ballots, it can deny both candidates the 50% + 1 threshold.)

So what happens then? She can't hold a runoff, because remember - her whole point is the election HAS to be in November.

And she can't just say the candidate with the most votes won. Election law requires a runoff if neither gets a majority - that is the whole point of the primary in the first place!

So Korrupt Kate's little stunt here has backed her into quite the corner.

The SOS relies on Section 22a of HB 2095 (2009) as requiring the election to be held in November. The problem with her reading of that section of the bill is that it would override other existing sections of Oregon election law which call for the election to be held in May.

That would be a correct read, if the legislature has specifically provided that the election would be held in November, notwithstanding the statutes that call for a May election. But the section that the SOS relies upon makes no mention of the existing statutes which require the election to be held in May.

Even more telling, the section specifically overrides another section of the same bill and an existing statute that prescribes a four year term for the BOLI Commissioner.

In other words, the legislature certainly demonstrated in the section of HB 2095 that the SOS relies upon that they know how to exempt that section from conflicts with other statutes, but they chose not to exempt the section from the statutes that require the election to be held in May, not November.

Couple that with the fact that it is quite possible that there could have been an election for BOLI Commissioner in November of this year (although that is now much less likely so since only two candidates have filed, something that the 2009 legislature could not have known), it is likely that a court will hold that the section of HB 2095 which the SOS relies upon was not intended to override long established election law requiring the election to be held in May.

A court will strive to interpret two or more statutes in a way that will provide meaning to all, rather than to read one statute in a way that will invalidate another. If the legislature wanted to override existing election law, they would have said so, and Senator Starr's interpretation gives effect to both the statute and the bill language which the SOS relies upon. Thus he has the better argument.

The only thing that makes me think that the SOS is playing politics here is the timing of her announcement. We've known for three years now what HB 2095 requires. If the SOS thought it meant that the election would be postponed to November, she could have said so a long time ago, rather than after the point where she discovered there was a formidable republican challenger in a primary that favors a high republican turnout.


State election law prohibits anyone from filing for a November general election until May 30th.

2012 Filing Dates
General Election November 6, 2012
May 30, 2012 to August 28, 2012

Brown has applied the filing deadline for the May primary to limited the election to the two candidates. Then moved their election to November.

She clearly cannot do this.

Under her new interpretation there are no candidates at all because they cannot file to run for the November election until May 30th. At which time anyone else can file as well.

Brown has committed quite the whopper by several fatal flaws.

I predict she will be overturned within 36 hrs and the May primary will proceed.

Rather oddly, the judge to whom the case was presented ruled against Senator Starr today, apparently on the ground that he couldn't satisfy the high standard required to get a temporary restraining order (not an opinion on the merits).

Hate to be the one to point this out INFO but your prediction came out about 20 minutes after the judge ruled otherwise.

Bigger picture this looks like a fait accompli for Brown. She didn't disclose this controversial switch until she was forced to last Friday and, with ballots going to print in a few days, the court avoided ruling on the merits (because there will still be an election in November and Starr didn't have a right to win outright in May and court didn't look into the obvious underlying motive here).

But insiders know that this was dirty, dirty, dirty.

This is nuts.
Lipstick doesn't stick to this filthy pig.

How does the SoS use part of the May Primary, (the filing period and deadline), then declare this is a November only race for only the candidates who filed for the May primary, then skip right past the filing requirements for November.

Brown's claim is there was not to be a May primary at all. So this isn't like some other races where if there is only two they move to November.

There is now no primary for this race. Only the November general. The filing period for a November election is May 30th-August 28th. Shouldn't anyone interested be able to file to run?

What am I missing?

Ranting and screaming about "filthy pig" is the 100% wrong thing to do when a case is in court. The judge did not see it your way. There are avenues for appeal.

It may walk and talk like a duck. But, don't believe your lying eyes.

Well I wasn't ranting, screaming or referring to the judge as a filthy pig.
It's the Brown interpretation that is the pig that won't hold the lipstick and it appears it will never come under any judicial review at all. Beyond the denial of the restraining order.
So a wrong is left wrong in broad daylight.

I won't losing any sleep over it. It's already yesterday's news.

Now back to our regular scheduled programming on the Clackistanis reliably righting wrongs and spreading. :)

Election laws are only for the little people -- meaning uppity Republicans -- in Oregon.


As a lawyer/blogger, I get
to be a member of:

In Vino Veritas

Lange, Pinot Gris 2015
Kiona, Lemberger 2014
Willamette Valley, Pinot Gris 2015
Aix, Rosé de Provence 2016
Marchigüe, Cabernet 2013
Inazío Irruzola, Getariako Txakolina Rosé 2015
Maso Canali, Pinot Grigio 2015
Campo Viejo, Rioja Reserva 2011
Kirkland, Côtes de Provence Rosé 2016
Cantele, Salice Salentino Reserva 2013
Whispering Angel, Côtes de Provence Rosé 2013
Avissi, Prosecco
Cleto Charli, Lambrusco di Sorbara Secco, Vecchia Modena
Pique Poul, Rosé 2016
Edmunds St. John, Bone-Jolly Rosé 2016
Stoller, Pinot Noir Rosé 2016
Chehalem, Inox Chardonnay 2015
The Four Graces, Pinot Gris 2015
Gascón, Colosal Red 2013
Cardwell Hill, Pinot Gris 2015
L'Ecole No. 41, Merlot 2013
Della Terra, Anonymus
Willamette Valley, Dijon Clone Chardonnay 2013
Wraith, Cabernet, Eidolon Estate 2012
Januik, Red 2015
Tomassi, Valpolicella, Rafaél, 2014
Sharecropper's Pinot Noir 2013
Helix, Pomatia Red Blend 2013
La Espera, Cabernet 2011
Campo Viejo, Rioja Reserva 2011
Villa Antinori, Toscana 2013
Locations, Spanish Red Wine
Locations, Argentinian Red Wine
La Antigua Clásico, Rioja 2011
Shatter, Grenache, Maury 2012
Argyle, Vintage Brut 2011
Abacela, Vintner's Blend #16 Abacela, Fiesta Tempranillo 2014
Benton Hill, Pinot Gris 2015
Primarius, Pinot Gris 2015
Januik, Merlot 2013
Napa Cellars, Cabernet 2013
J. Bookwalter, Protagonist 2012
LAN, Rioja Edicion Limitada 2011
Beaulieu, Cabernet, Rutherford 2009
Denada Cellars, Cabernet, Maipo Valley 2014
Marchigüe, Cabernet, Colchagua Valley 2013
Oberon, Cabernet 2014
Hedges, Red Mountain 2012
Balboa, Rose of Grenache 2015
Ontañón, Rioja Reserva 2015
Three Horse Ranch, Pinot Gris 2014
Archery Summit, Vireton Pinot Gris 2014
Nelms Road, Merlot 2013
Chateau Ste. Michelle, Pinot Gris 2014
Conn Creek, Cabernet, Napa 2012
Conn Creek, Cabernet, Napa 2013
Villa Maria, Sauvignon Blanc 2015
G3, Cabernet 2013
Chateau Smith, Cabernet, Washington State 2014
Abacela, Vintner's Blend #16
Willamette Valley, Rose of Pinot Noir, Whole Clusters 2015
Albero, Bobal Rose 2015
Ca' del Baio Barbaresco Valgrande 2012
Goodfellow, Reserve Pinot Gris, Clover 2014
Lugana, San Benedetto 2014
Wente, Cabernet, Charles Wetmore 2011
La Espera, Cabernet 2011
King Estate, Pinot Gris 2015
Adelsheim, Pinot Gris 2015
Trader Joe's, Pinot Gris, Willamette Valley 2015
La Vite Lucente, Toscana Red 2013
St. Francis, Cabernet, Sonoma 2013
Kendall-Jackson, Pinot Noir, California 2013
Beaulieu, Cabernet, Napa Valley 2013
Erath, Pinot Noir, Estate Selection 2012
Abbot's Table, Columbia Valley 2014
Intrinsic, Cabernet 2014
Oyster Bay, Pinot Noir 2010
Occhipinti, SP68 Bianco 2014
Layer Cake, Shiraz 2013
Desert Wind, Ruah 2011
WillaKenzie, Pinot Gris 2014
Abacela, Fiesta Tempranillo 2013
Des Amis, Rose 2014
Dunham, Trautina 2012
RoxyAnn, Claret 2012
Del Ri, Claret 2012
Stoppa, Emilia, Red 2004
Primarius, Pinot Noir 2013
Domaines Bunan, Bandol Rose 2015
Albero, Bobal Rose 2015
Deer Creek, Pinot Gris 2015
Beaulieu, Rutherford Cabernet 2013
Archery Summit, Vireton Pinot Gris 2014
King Estate, Pinot Gris, Backbone 2014
Oberon, Napa Cabernet 2013
Apaltagua, Envero Carmenere Gran Reserva 2013
Chateau des Arnauds, Cuvee des Capucins 2012
Nine Hats, Red 2013
Benziger, Cabernet, Sonoma 2012
Roxy Ann, Claret 2012
Januik, Merlot 2012
Conundrum, White 2013
St. Francis, Sonoma Cabernet 2012

The Occasional Book

Marc Maron - Waiting for the Punch
Phil Stanford - Rose City Vice
Kenneth R. Feinberg - What is Life Worth?
Kent Haruf - Our Souls at Night
Peter Carey - True History of the Kelly Gang
Suzanne Collins - The Hunger Games
Amy Stewart - Girl Waits With Gun
Philip Roth - The Plot Against America
Norm Macdonald - Based on a True Story
Christopher Buckley - Boomsday
Ryan Holiday - The Obstacle is the Way
Ruth Sepetys - Between Shades of Gray
Richard Adams - Watership Down
Claire Vaye Watkins - Gold Fame Citrus
Markus Zusak - I am the Messenger
Anthony Doerr - All the Light We Cannot See
James Joyce - Dubliners
Cheryl Strayed - Torch
William Golding - Lord of the Flies
Saul Bellow - Mister Sammler's Planet
Phil Stanford - White House Call Girl
John Kaplan & Jon R. Waltz - The Trial of Jack Ruby
Kent Haruf - Eventide
David Halberstam - Summer of '49
Norman Mailer - The Naked and the Dead
Maria Dermoȗt - The Ten Thousand Things
William Faulkner - As I Lay Dying
Markus Zusak - The Book Thief
Christopher Buckley - Thank You for Smoking
William Shakespeare - Othello
Joseph Conrad - Heart of Darkness
Bill Bryson - A Short History of Nearly Everything
Cheryl Strayed - Tiny Beautiful Things
Sara Varon - Bake Sale
Stephen King - 11/22/63
Paul Goldstein - Errors and Omissions
Mark Twain - A Connecticut Yankee in King Arthur's Court
Steve Martin - Born Standing Up: A Comic's Life
Beverly Cleary - A Girl from Yamhill, a Memoir
Kent Haruf - Plainsong
Hope Larson - A Wrinkle in Time, the Graphic Novel
Rudyard Kipling - Kim
Peter Ames Carlin - Bruce
Fran Cannon Slayton - When the Whistle Blows
Neil Young - Waging Heavy Peace
Mark Bego - Aretha Franklin, the Queen of Soul (2012 ed.)
Jenny Lawson - Let's Pretend This Never Happened
J.D. Salinger - Franny and Zooey
Charles Dickens - A Christmas Carol
Timothy Egan - The Big Burn
Deborah Eisenberg - Transactions in a Foreign Currency
Kurt Vonnegut Jr. - Slaughterhouse Five
Kathryn Lance - Pandora's Genes
Cheryl Strayed - Wild
Fyodor Dostoyevsky - The Brothers Karamazov
Jack London - The House of Pride, and Other Tales of Hawaii
Jack Walker - The Extraordinary Rendition of Vincent Dellamaria
Colum McCann - Let the Great World Spin
Niccolò Machiavelli - The Prince
Harper Lee - To Kill a Mockingbird
Emma McLaughlin & Nicola Kraus - The Nanny Diaries
Brian Selznick - The Invention of Hugo Cabret
Sharon Creech - Walk Two Moons
Keith Richards - Life
F. Sionil Jose - Dusk
Natalie Babbitt - Tuck Everlasting
Justin Halpern - S#*t My Dad Says
Mark Herrmann - The Curmudgeon's Guide to Practicing Law
Barry Glassner - The Gospel of Food
Phil Stanford - The Peyton-Allan Files
Jesse Katz - The Opposite Field
Evelyn Waugh - Brideshead Revisited
J.K. Rowling - Harry Potter and the Sorcerer's Stone
David Sedaris - Holidays on Ice
Donald Miller - A Million Miles in a Thousand Years
Mitch Albom - Have a Little Faith
C.S. Lewis - The Magician's Nephew
F. Scott Fitzgerald - The Great Gatsby
William Shakespeare - A Midsummer Night's Dream
Ivan Doig - Bucking the Sun
Penda Diakité - I Lost My Tooth in Africa
Grace Lin - The Year of the Rat
Oscar Hijuelos - Mr. Ives' Christmas
Madeline L'Engle - A Wrinkle in Time
Steven Hart - The Last Three Miles
David Sedaris - Me Talk Pretty One Day
Karen Armstrong - The Spiral Staircase
Charles Larson - The Portland Murders
Adrian Wojnarowski - The Miracle of St. Anthony
William H. Colby - Long Goodbye
Steven D. Stark - Meet the Beatles
Phil Stanford - Portland Confidential
Rick Moody - Garden State
Jonathan Schwartz - All in Good Time
David Sedaris - Dress Your Family in Corduroy and Denim
Anthony Holden - Big Deal
Robert J. Spitzer - The Spirit of Leadership
James McManus - Positively Fifth Street
Jeff Noon - Vurt

Road Work

Miles run year to date: 5
At this date last year: 3
Total run in 2017: 113
In 2016: 155
In 2015: 271
In 2014: 401
In 2013: 257
In 2012: 129
In 2011: 113
In 2010: 125
In 2009: 67
In 2008: 28
In 2007: 113
In 2006: 100
In 2005: 149
In 2004: 204
In 2003: 269

Clicky Web Analytics