There will be revisions to this.
I will not post them till the Secretary of State serves them.
At that time I will repost this with additions due to new information.
BEFORE THE ATTORNEY GENERAL FOR THE STATE OF OREGON, THE OREGON SECRETARY OF STATE, THE OREGON STATE ELECTIONS DIVISION FOR THE COUNTY OF HOOD RIVER AND THE ELECTIONS OFFICER FOR THE CITY OF CASCADE LOCKS, OREGON
I will not post them till the Secretary of State serves them.
At that time I will repost this with additions due to new information.
BEFORE THE ATTORNEY GENERAL FOR THE STATE OF OREGON, THE OREGON SECRETARY OF STATE, THE OREGON STATE ELECTIONS DIVISION FOR THE COUNTY OF HOOD RIVER AND THE ELECTIONS OFFICER FOR THE CITY OF CASCADE LOCKS, OREGON
COMPLAINT
I Michael “Cody” Steelman, with a home address of __ S.W. Ruckle, a mailing address of P.O. Box ___, Cascade Locks, Oregon, 97014. Who can also be contacted by Phone at __________ or by email at ______________.
I am a registered voter in the State of Oregon, assigned voter number _______, for precinct 12, in the County of Hood River and I wish to report an election laws violation.
A Statement of Organization was filed for a political committee with the Oregon elections division. The political committee’s name was “Five Alarm Recall”. The elections division assigned this political committee ID number 15190.
This political committee supports the recall of three City Councilors and one Mayor as reflected in the Statement of Organization for the “Five Alarm Recall” political committee found on the State “orestar” web site.
This political committee also Opposes the recall of one City Councilor as reflected in the Statement of Organization for the “Five Alarm Recall” political committee found on the State “orestar” web site.
Due to this Committee supporting the recall of 4 city councilors and opposing the recall of one city councilor that classifies the “Five Alarm Recall” political committee as a non slate mailer organization as reflected on the State “orestar” web site.
In accordance to ORS 260.005(23) states; “Slate mailer” means a mass mailing that supports or opposes a total of three or more candidates or measures.
(24)(a) “Slate mailer organization” means any person who directly or indirectly:
(A) Is involved in the production of one or more slate mailers and exercises control over the selection of the candidates and measures to be supported or opposed in the slate mailers; and
(B) Receives or is promised payment for producing one or more slate mailers or for endorsing or opposing, or refraining from endorsing or opposing, a candidate or measure in one or more slate mailers.
Attached to this complaint are two mass mailings which were mailed to every resident of Cascade Locks, Oregon.
The originals mass mailings I received by U.S. Postal Service delivery, to my mailing address as reflected on these mass mailings, will be mailed first class with this complaint to the Attorney General of the State of Oregon. All other agencies as reflected in the heading will be disclosed a true copy of these originals.
As reflected in these exhibits had the “Five Alarm Recall” political committee been allowed to be a slate mailer organization, the mass mailings would have violated ORS 260.737.
ORS 260.737 Disclosures required on slate mailer; definitions. (1) A slate mailer organization may not send a slate mailer unless all of the following are satisfied:
(a) The name and address of the slate mailer organization shall be shown on the outside of each piece of the slate mailer in a legible size and type.
(b) The following notice shall appear in a legible size and type at the top or bottom of the front side of the slate mailer:
________________________________________________________________________
NOTICE TO VOTERS
THIS DOCUMENT WAS NOT PREPARED BY A POLITICAL PARTY COMMITTEE OR PARTY CAUCUS COMMITTEE.
CANDIDATES AND MEASURES MARKED WITH AN * PAID FOR APPEARANCE IN THIS DOCUMENT.
________________________________________________________________________
(c) Each candidate that has paid to appear in the slate mailer and each measure on whose behalf payment has been received to appear in the slate mailer shall be designated by an asterisk of legible size immediately following the name of the candidate or the name or number of the measure in each instance where the name of the candidate or the name or number of the measure appears in the slate mailer.
(2) The Secretary of State by rule shall define “legible size” and “legible size and type” as used in this section.
(3) For purposes of ORS 260.735 and this section, “address” means the address of a residence, office, headquarters or similar location where the slate mailer organization or a responsible officer of the slate mailer organization may be conveniently located. If the slate mailer organization is a political committee, the address shall be the address of the political committee included in the statement of organization under ORS 260.039 or 260.042.
(4) The Secretary of State by rule may define the term “payment” as used in this section and ORS 260.005 (24) and 260.735. [1993 c.710 §§4,5; 1995 c.607 §56a; 1999 c.999 §21; 2001 c.965 §17; 2005 c.809 §§47,48; 2009 c.818 §18]
ORS 260.345 states; Complaints or other information regarding violations; action by Secretary of State and Attorney General. (1) Any elector may file with any filing officer a written complaint alleging that a violation of an election law or rule adopted by the Secretary of State under ORS chapters 246 to 260 has occurred and stating the reason for believing that the violation occurred and any evidence relating to it. A complaint alleging a violation involving the Secretary of State, a candidate for the office of Secretary of State, or any political committee or person supporting the Secretary of State or a candidate for the office of Secretary of State may be filed with the Attorney General. The Secretary of State or Attorney General shall not accept an anonymous complaint.
(2) The Secretary of State by rule shall prescribe the procedure for processing a complaint filed with any person other than the Secretary of State. If the complaint concerns the Secretary of State, any candidate for the office of the Secretary of State, or any political committee or person supporting the candidacy of the Secretary of State or of another person for the office of Secretary of State, the complaint and any additional information relating to the complaint shall be sent to the Attorney General.
(3) Upon receipt of a complaint under subsection (1) or (2) of this section the Secretary of State or Attorney General immediately shall examine the complaint to determine whether a violation of an election law or rule has occurred and shall make any investigation the Secretary of State or Attorney General considers necessary. Except as provided in this subsection, within 48 hours of receiving a complaint under subsection (1) or (2) of this section, the Secretary of State or Attorney General shall notify the person who is the subject of the complaint that a complaint has been received. If the Secretary of State or Attorney General receives a complaint or complaints involving 25 or more individuals, political committees or petition committees in any 24-hour period, the Secretary of State or Attorney General need not notify the persons who are the subjects of those complaints within 48 hours of receiving the complaints but shall notify those persons not later than 10 business days after receiving the complaint or complaints.
(4) If the Secretary of State believes after an investigation under subsection (3) of this section that a violation of an election law or rule has occurred, the secretary:
(a) In the case of a violation that is subject to a penalty under ORS 260.993, immediately shall report the findings to the Attorney General and request prosecution. If the violation involves the Attorney General, a candidate for that office or a political committee or person supporting or opposing the Attorney General or a candidate for that office, the Secretary of State shall appoint another prosecutor for that purpose; or
(b) In the case of a violation not subject to a penalty under ORS 260.993, may impose a civil penalty under ORS 260.995.
(5) Upon receipt of a complaint or report under subsection (1), (2) or (4) of this section involving an alleged violation subject to a penalty under ORS 260.993, the Attorney General or other prosecutor immediately shall examine the complaint or report to determine whether a violation of an election law has occurred. If the Attorney General or prosecutor determines that a violation has occurred, the Attorney General or prosecutor immediately shall begin prosecution in the name of the state. The Attorney General or other prosecutor shall have the same powers in any county of this state as the district attorney for the county.
(6) Upon receipt of a complaint under subsection (1) or (2) of this section involving an alleged violation of an election law or rule not subject to a penalty under ORS 260.993, the Attorney General shall examine the complaint to determine whether a violation of an election law or rule has occurred and shall make any investigation the Attorney General considers necessary. If the Attorney General believes after an investigation that a violation of an election law or rule has occurred, the Attorney General may impose a civil penalty under ORS 260.995.
(7) In the case of an alleged violation subject to a civil penalty under ORS 260.995, a complaint shall be filed by an elector under this section no later than 90 days following the election at which a violation of an election law or rule is alleged to have occurred, or 90 days following the date the violation of an election law or rule is alleged to have occurred, whichever is later.
(8) A filing officer having reason to believe that a violation of an election law or rule has occurred shall proceed promptly as though the officer had received a complaint. Except as provided in ORS 260.234, a filing officer shall proceed under this subsection no later than two years following the election at which a violation of an election law or rule is alleged to have occurred, or two years following the date the violation of an election law or rule is alleged to have occurred, whichever is later. If a filing officer has not proceeded within two years because of fraud, deceit, misleading representation or the filing officer could not have reasonably discovered the alleged violation, the filing officer shall proceed no later than five years following the election at which a violation of an election law or rule is alleged to have occurred, or five years following the date the violation of an election law or rule is alleged to have occurred, whichever is later. [Formerly 260.105; 1973 c.744 §24; 1979 c.190 §365; 1987 c.718 §2; 1987 c.727 §9; 1989 c.171 §35; 1989 c.301 §1; 1989 c.571 §2; 1991 c.719 §32; 1993 c.493 §81; 2009 c.818 §23]
I hereby ask that the recall of City Councilor, Kevin Benson, filed July 19, 2011, by Arni Kononen, be pulled from the ballot, the votes not counted, the results not be certified if allowed as well as penalties allowed by the controlling agencies enforced.
I hereby ask that the recall of City Councilor, Don Haight, filed July 18, 2011, by “Five Alarm Recall” political committee member, Shawna Hasel, be pulled from the ballot, the votes not counted, the results not be certified if allowed as well as penalties allowed by the controlling agencies enforced.
I hereby ask that the recall of City Councilor, Tiffany Pruit, filed July 19, 2011, by Ralph Hesgard, be pulled from the ballot, the votes not counted, the results not be certified if allowed as well as penalties allowed by the controlling agencies enforced.
I hereby ask that the recall of Mayor, George Fischer, filed July 18, 2011, by “Five Alarm Recall” political committee member Shawna Hasel, be pulled from the ballot, the votes not counted, the results not be certified if allowed as well as penalties allowed by the controlling agencies enforced.
I hereby ask that the initiative recall petition of City Councilor, Lance Masters, filed by the Committee to recall Lance Masters, ID number 15159, with the only stated officer being, Michael Earl Blakeley, be allowed to go before the voters, have the votes counted and the votes be certified and unless a lawful complaint is filed and it is determined to be valid, that this initiative recall petition shall not be delayed in any way.
_________________________________________
Michael “Cody” Steelman
Dated this _______, day of September, 2011
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