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Wednesday, April 18, 2012

Hales residency flap could get him disqualified

We've noted here for many months that Portland mayoral candidate Charlie Hales either wrongly claimed Washington residency for income tax purposes, or wrongly claimed Oregon residency for voting purposes, when he was living in Stevenson, Wash. He can't have it both ways, because both the Oregon income tax law and the Oregon voter registration law base one's residency on the single concept of "domicile."

Now a wiseguy in town has filed complaints against Hales, arguing that he isn't legally registered as a voter in Portland, because when Hales last sent in a voter registration card in Portland, he was domiciled, as he claimed on his taxes, in Washington.

If Hales isn't properly registered to vote in Portland, he can't legally run for mayor.

According to WW, which broke the news, the complaints have been filed with the city auditor, the Oregon secretary of state, and the Multnomah County elections bureau. Would any of them have the guts to disqualify Hales? It would be the news of the century so far if it happened.

Hales likes to play dumb about his inconsistent positions, but whether he knew what he was doing was wrong isn't really relevant. He could be a resident of only one state at a time. If he was right on his tax return, then his voter registration was invalid. If he was right on his voter registration card, he owes a ton of Oregon income tax.

It's curious that Hales didn't try to make this issue go away last year by re-filing his Oregon income taxes for past years and taking the position that that he was an Oregon resident all along. But according to WW, that would have cost him about $30,000 in Oregon taxes, plus who knows how much in interest and possible penalties? Anyway, with ballots set to be mailed out in a week or two, he's in quite the pickle. Go by streetcar, buddy.

UPDATE. 5:23 p.m.: As predicted, the elections bureaucrats aren't going to touch this with a 10-foot pole.

Comments (27)

I'm convinced. It shouldn't take a (well-written, well-reasoned) complaint like that, though.

Take the street car back to Stevenson...go run for something in WA, Char-LIE!

"Would any of them have the guts to disqualify Hales?"

Nope, not gonna happen.

"It would be the news of the century so far if it happened."

Yes, too true.

But this country lacks guts at all levels, local and national.

Maybe it's a quantum physics thing. An electron can exist in 2 places at once, so why not a voter in an election?

Maybe Charlie is Dark Matter: everywhere in Space.

Why do the "right thing" when you're a Portland Democrat and Kate Brown has your back?

Instead, you just explain how you fell in love with a woman in Washington, and her kids were finishing High School in Stevenson, but they planned on moving back to Portland after they graduated. He's just a caring sensitive husband, see.

Laws are for the little people in Oregon, not former office holders.

Kate Brown will act after the DPO honchos tell her what to do.

After the Labor Commissioner SNAFU, this should be an easy decision for Kate Brown.

But he is a liberal, and he is for the kids, so we must let him run. We can't let some silly tax rules get in the way of the vision. We have to keep heading towards bankruptcy, and Charlie is the best candidate to take us there.

A couple of questions need to be asked from my end. Did he vote in Oregon elections while living in Washington? If so is that a crime? Will he be prosecuted if he did?

Like I said in another post, state laws and CoP statutes and ordinances only apply to some politicians and not to others.

Portland's mayoral race demonstrates the basic problem with elections: By definition, someone has to win.

So we must decide which of the candidates is the least:
• Rapacious
• Avaricious
• Servile
• Corrupt
• Criminal
• Amoral
• Unethical
• Nakedly partisan

Unfortunately, it's as though all of them are only too eager to dive into the cesspool, muckrakes in hand, and rake up whatever public cash is to be had.

Of the three principal candidates, Eileen Brady may be the least objectionable, but that is like going back to Prohibition to name the least murderous gangster.

Sadly, we live in a time of the political careerist—individuals with no discernible talent other than the ability persuade people of their competence and a compulsion to bankrupt the public treasury in the name of "progressive" government. All the while attempting to set themselves up for a lucrative post-official career as some sort of visionary.

What is most depressing is that barring a resignation, recall or other term-ending event, Portlanders will be stuck with one of these reprobates in City Hall for four long years.

Good luck with that.

Hale, hale
He don't live here.
What the heck do we care?
What the heck do we care?

Just like with the president, any suit will depond on who has standing. Other candidates won't have standing, the voters won't have standing, No one has. Mayor Hales, may I be the first to congratulate you on your new position?

None of this would be a problem if Hales ran for mayor of Stevenson. The commute would be shorter, the income taxes less. He just made a mistake.

And yet one of my shirttail relatives is an urban planner in Florida and thinks Charlie Hales is a god.

Go figure.

p.s. Does Stevenson have a mayor?

Guess these urban planners all like their own plans. Never mind if the people don't feel comfortable with them. These planners, including Hales think they are the Masters of Planning and know better than we do how we should all live. I for one don't want to see cookie cutter planning blanketed across our great land, and on the local level, don't want the character of our city and of our neighborhoods morphing into these urban planner's vision.

The complaint is reasonable and should be decided based on the law.

But we now live in a post-law society, where decisions are made on political connections and the rule of money.

"p.s. Does Stevenson have a mayor?"

Yes, but no streetcars. Charlie's a natural.

Isn't the de facto definition of a planner someone who believes their purpose in life is to tell other people how to live their lives?

God help us once we start putting them in charge. Julius Caesar, Napoleon, et al all got started that way.

Comparing the current crop to great men like Napolean and Caesar is a little off the mark, I would venture to say.

Someone needs to start a website with a name like "thefalsenarrative.com" and devote themselves to discerning the threads of corruption and self-interest winding through the movements/political initiatives of our times. Not to mention the thread of civilizational and metropolitan (is this the right word?) suicide.

That fabulous Booker Washington
quote in the comments section of an earlier post, on the problem of professional grievance-mongers, got me thinking about this.

There's also some unpaid Multnomah County I-Tax, 70% of which went to fund schools.

Nice try by the complaint filer, but the only place such a complaint can be filed with any hope of a remedy is with the Circuit Court in Multnomah County, as a lawsuit against the Multnomah County Elections Director, seeking to bar Hales from the ballot.

Portland City attorney can't defend the case. City has no standing. County counsel has to, if it is to be defended. Hales probably can defend it (on his own dime), if he can persuade the trial court that he is an indispensable party.

CharLIE's voter registration card on file with the Multnomah County is admissible as a government record and is not hearsay. So are his Oregon "non resident" tax returns, which those are not hearsay as declarations against his pecuniary interest (the additional $ 30,00 in taxes, plus penalty and interest he'd have to pay if he claims he was an Oregon resident), even if he is not a party. Ohh, such fun with the Oregon Evidence Code.

Any local lawyers willing to go to bat in Circuit Court?

Getting Hales disqualified would guarantee Eileen Brady in the Mayor's chair. Which might be a Phyrric victory.

But,like the Citigroup shareholders revolt on executive compensation. or the ongoing Clackistani rebellion, barring Hales from being on the ballot would be a powerful message to the usual suspects in PDX politics.

The county relies primarily on Mr Hales's (rhymes with fails) imagination in taking no responsibility for resolving this matter:

"'Based on Mr. Hales’ answer that he considered himself to be temporarily away from Oregon and that the Washington Secretary of State’s office confirmed that he has never been registered to vote in Washington State, I have concluded that ... Mr. Hales was eligible to be registered to vote and to vote in Oregon during the time he lived in Washington State.'"

The county's impoverishment is not measured solely by its deficient bank account.

I have posted a detailed reply to the County's letter at

I agree with every point Seth Woolley made save one: Mr. Hales is most certainly a vagrant.

Hey Jack: Am I going to need a lawyer for posting this on oregonlive?


Perfect timing...my voters pamphlet arrived an hour ago.

Page M-10: "Charlie Hales, Senior Vice President, HDR Engineering." "Small Business OWNER".


Am I missing something?




Any lawyers here?

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