Years ago, I read a book entitled the “Great Deceit” by Zygmund Dobbs and Archibald Roosevelt. Archibald, was Teddy Roosevelts only surviving son, from the ravages of WW1.

Within the pages of that book was the discussion of the founding of the Federal Reserve and the political nuances necessary to achieve what has become a yoke on the United States neck. The ramification of this event lives with us today. My grandfather lost all of his livelihood, in the collapse of the 1929 depression.

That historical information of the Congressional acceptance of the Federal Reserve came back to me, in the ongoing vigorous National discussion of voter anomalies across this one-of-a-kind Country.

The implications are severe, and Oregon, one of the fifty States involved in reporting, aroused my curiosity. In an article by Judicial Watch, five States including Oregon, had received notice of having anomalies in voter registration records. I had always thought we had a stable election program, so how does this possibly exist?

Turns out, the Federal law requires an agency, The Election Assistance Commission (EAC), to report to Congress every two years in compliance with the National Voter Registration Act of 1993 (NVRA). To prepare the report, and properly follow the rules, the States are required to report to the EAC, their data to form the report for the NVRA, and the EAC properly publishes the finished report.

Upon simple review of the reports provided by Oregon, the recognition that Oregon was in violation of the National Voter Registration Act came to the forefront.

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Judicial Watch informed Secretary of State Shemia Fagan that fourteen Oregon counties were in violation for not cleaning their voter rolls according to NVRA in a four-year period. These counties reported zero to five removals from the voter rolls. They found eleven other counties with similar violations over the last two years. They write, “It is simply not possible to comply with the NVRA while removing zero or literal handfuls of registrations under that provision. Many tens of thousands of voters must have changed residence without notifying election officials during those years.” The Judicial Watch Attorney Robert D. Popper gave Statutory Notice of Violations and a possible federal lawsuit unless the violations were corrected.

Have they been corrected? Instead, the Secretary of State has doubled down on HB 2681, passed in 2021, to keep people on the voter rolls forever, and making it harder for citizens to make public records requests.

When the State itself reports the anomalies in the Voter Registration Reporting Act report, we as a State should require proper cleansing of the anomalies. Judicial Watch cited 27 counties in Oregon with violations, and say they have not determined what action they will take.

For me and my family, we are in the position that “If my neighbor has a challenge, I as his neighbor also has a challenge”. Remembering the quote: “History is the engine of the future”, the reality of voter Registrations must be investigated, not ignored. Like my grandfather, no one deserves to lose everything, and voting is the one sacrosanct action that should be inviolate. This must be investigated.

Oregonians, regardless of party, deserve the reassurance that their singular action of voting is adjudicated correctly.


--LT Robert K Powell GDO

Retired U.S. Coast Guard

Post Date: 2022-10-31 14:55:20

Last Update: 2022-10-31 15:38:18

A lawsuit filed against Coos County Clerk Diris "Dede" Murphy (D-Coos County) and two of the Commissioners, John Sweet (R-Coos County) and Melissa Cribbins (D-Coos County) has caused further scrutiny over the appointment of Murphy to the position of Coos County Clerk. Though all of these positions are non-partisan, they obviously perform duties that have partisan implications, not the least of which is the Clerk's oversight of elections in Coos County.

The second amended complaint in the lawsuit, filed by Coos County Clerk candidate Diane Rich and Coos County Commissioner candidate Pamela Lewis -- both Republicans -- suggests that the appointment of Murphy as Clerk lacked the necessary transparency under Oregon's public meeting law and other irregularities. According to the complaint:

On March 5th, in Charleston, Oregon – Defendant Murphy stated on video that “they” asked her to run; “they” referring to the Commissioners and/or former County Clerk Debbie Heller. The officials, who are obligated to follow public meetings laws, intentionally and knowingly asked Defendant Murphy to apply for the position of Interim County Clerk so that they could appoint her. Defendant Murphy’s companion who attended the Listening Session with Mrs. Murphy confirmed on video that they asked Defendant Murphy to apply for the position. Further the Commissioners asked and convinced Diris D. Murphy to run for the position. Mrs. Murphy did not apply for the position the first time it was advertised, so at the Commissioners request, the timeline to apply for Interim Clerk was extended, and the position was held open and republished, to allow for Diris D. Murphy’s application for the position to be submitted.

The complaint references alleged violations of Oregon's Open Meetings law:

The decision to appoint and hire Defendant Murphy was a violation of Oregon Public Meetings laws and began the process of election law violations for the May 2022 primary election. Defendant Murphy was in fact appointed and began serving as Interim Coos County Clerk. That decision was null and should have been voided at that time however the sixty day window to file public meetings laws violation passed by. The violation of public meetings laws in appointing an elections clerk, still constitutes on of the many illegal acts that took place relating to the canvassing of the votes in the May 2022 Coos County primary election.

The complaint further alleges that "Prior to Monday, December 13th, Coos County Commissioners privately recruited and then outside of a public meeting decided to appoint a highly partisan individual, who was chair of the Democrat Party, Defendant Murphy to oversee their own election, even asking Mrs. Murphy to resign from her position as Democrat Party Chair for the Coos County Chapter so that she might qualify for the Interim County Clerk position."

According to the Rob Taylor Report Murphy "spent time in the Recording Office, the Elections Office, the Court Clerks, and the Accounting Departments, eventually landing in the Elections Office for 15 years before retiring in July 2017."

She was sworn in as Coos County Clerk on January 4 of this year.


--Staff Reports

Post Date: 2022-10-30 16:59:58

Last Update: 2022-10-30 13:01:47

The Oregon Department of Revenue has launched a taxpayer advocate page. Codi Trudell, appointed as Taxpayer Advocate, heads up the new Taxpayer Advocate Office authorized by HB 3373, passed during the 2021 session. Representative Julie Fahey (D-Eugene) sponsored HB 3373 creating the taxpayer advocate office intended to identify issues or barriers to equitable and fair tax collection, work with community partners, provide expediated service to taxpayers whose problems are not resolved through typical channels, research complaints, identify systemic issues, and promote taxpayer issues and concerns.

In the course of assisting taxpayers, the Taxpayer Advocate is given authority to issue orders related to taxpayers experiencing significant hardship due to Oregon's IRS action. Orders issued by the Taxpayer Advocate may require the department to cease action or refrain from additional action based upon a finding of significant hardship by the Advocate. The measure authorizes the director or deputy director to review or rescind an order by the Taxpayer Advocate. Orders issued may require the IRS to cease action or refrain from additional action based on the Advocate's determination of significant hardship.

The Oregon IRS has always provided a Taxpayer Advocate Service to taxpayers as an independent organization within the IRS. It serves as the taxpayer's voice within the IRS. The service helps taxpayers with problems that may not have been resolved through normal IRS channels or in cases where the taxpayer believes the IRS procedure is not working as designed. The new Taxpayer Advocate establishes a similar office for taxpayer resources within Oregon.

HB 3373 appropriated $371,593 General Fund and $200,089 other funds from administrative charges on the tax programs the Department administers. This adds $571,593 for three positions to the bi-annual budget.

Advocates for low-income claim they are afraid of the IRS and don't file tax returns to take advantage of the Earned Income Tax Credit. Over 900,000 Oregonians benefit from the EITC every year with an average of $3,000 new income for them. An increase in EITC filings will increase the burden on taxpayers, known as "re-distribution of wealth."

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The Oregon Taxpayer Advocate office will serve as an independent and confidential resource for Oregon taxpayers. An important part of good government is making sure that laws are as simple, logical and as easy to follow as possible. Has Oregon government done its level best to make sure our laws are workable and understandable?

The Taxpayer Advocate webpage includes contact information. ​


--Ritch Hanneman

Post Date: 2022-10-30 12:21:45

Last Update: 2022-10-30 13:07:21

The Oregon Department of Transportation is proceeding with the Rose Quarter project and has collected extensive feedback

According to the site, "From early July through the Labor Day weekend, the local community participated in the I-5 Rose Quarter Improvement Project Summer Design Survey. Of the 350 participants, 25% identified as African American/Black and African, with nearly half indicating they live in the Albina neighborhood. The community was asked to provide feedback on design elements for highly visible walls and bridges in the project area, including the addition of historical images of the neighborhood, rotating art murals, concrete patterns, street names and decorative lighting."

Prominent within the project is a cover over part of I-5, to restore streets removed when the freeway was first built. According to ODOT's website, "A highway cover is a concrete, steel platform that is placed over a highway, similar to a wide bridge. Multiple designs for the highway cover were evaluated through an Independent Cover Assessment. The Proposed Hybrid 3 Concept was selected, as it will provide the greatest community benefit."

"With proposed Hybrid 3, the total project cost is anticipated to be $1.18 billion to $1.25 billion to accommodate up to 3-story buildings on top of the cover." Critics have pointed out that much of the spending associated with the project does nothing to improve traffic congestion.




--Staff Reports

Post Date: 2022-10-29 06:38:36

Last Update: 2022-10-28 16:19:05

On average, ODOT documents more than 6,000 vehicle collisions with deer and elk each year. The actual number of collisions is likely higher, as many are not reported if there is minimal damage or no human injuries. Vehicle collisions with deer and elk tend to peak in October and November, when migration and breeding (the "rut") puts them on the move, making them more likely to cross roads. Fewer daylight hours and rainy weather also reduce drivers' visibility.

ODFW and ODOT are asking Oregonians to Watch out for Wildlife this time of year and follow these tips:

• Be careful when driving in areas that have special signs indicating the possible presence of wildlife. These signs are posted for a reason.
• Be alert in areas with dense vegetation along the road or while going around curves. Wildlife near the road may not be visible.
• If you see one animal, stay alert. There may be others nearby.
• If you see wildlife on or near the road, slow down and stay in your lane. Many serious crashes are the result of drivers losing control as they swerve to avoid wildlife.
• The same advice applies for smaller wildlife like raccoons; try to stay in your lane and do not swerve for these animals. They are less dangerous to vehicles than big game animals and maintaining control of your vehicle is most important.
• Always wear your seat belt. Even a minor collision could result in serious injuries.

ODFW, ODOT and partner organizations are working to reduce the risk of vehicle-wildlife collisions by building wildlife crossings. The crossings allow wildlife to safely follow their migration patterns over or under a road. Data shows wildlife crossings on Hwy 97 near Sunriver have reduced vehicle-wildlife collisions by nearly 90 percent.

The bipartisan infrastructure bill passed by Congress in 2021 is providing $350 million in competitive grants to the states for wildlife crossings and other mitigation. ODFW, ODOT and other partners will be working to secure grants for projects.

Oregon drivers can also show their support by purchasing a Watch for Wildlife license plate. The revenue generated from license plate sales will benefit projects that help wildlife move within their range and between habitat patches. Originally developed by the Oregon Wildlife Foundation, the license plate is now available at the DMV.

As wildlife-vehicle collisions peak, so does participation in ODFW's roadkill salvage program. Since 2019, salvaging deer or elk struck by a vehicle has been legal in Oregon. Salvagers are required to fill out a free online permit.

Since the program kicked off in January 2019, 5,027 permits have been issued, with most for black-tailed deer in Western Oregon, where there are more drivers.

Salvagers are also required to bring the head and antlers of all salvaged deer and elk to an ODFW office for testing within five days. This is so ODFW can test the animal for Chronic Wasting Disease, a fatal neurological disease that ODFW has been on the lookout for since it first appeared in the late 1960s in Colorado.

The disease has never been detected in Oregon's wildlife. But CWD testing regulations have taken on new urgency after it was detected in several wild deer and elk in northwest Idaho, about 30 miles from Oregon's border, late last year.

Infected animals can spread the disease for several years before showing symptoms (which include loss of balance, drooling, emaciation or wasting and eventual death). Testing apparently healthy deer and elk early in the course of the disease when they are not showing symptoms is the most effective method to catch the disease before an animal has spread the disease across the landscape and to other animals.

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"With the disease now much closer to the state's borders, we just want to remind roadkill salvagers about the mandatory testing requirements." explained ODFW Wildlife Veterinarian Dr. Colin Gillin. "The more animals the state tests, the more certain ODFW can be that the disease is not in the state. If it is detected, ODFW can implement its response plan to contain the spread of the disease.

Test results are expected to take up to a month. If an animal ever tests positive for CWD, a biologist or veterinarian will phone the person who salvaged that animal directly.

Negative test results will be posted for roadkill salvagers to individually check online. To find your result, enter RSP before your permit number (e.g. RSP5001).


--Staff Reports

Post Date: 2022-10-28 15:54:09

Last Update: 2022-10-28 16:16:49

The Oregon Department of Veterans' Affairs will honor all veterans of the U.S. Armed Forces during its Statewide Veterans Day Ceremony this year in view of the Oregon State Capitol Building. The event will feature remarks by federal, state and local dignitaries and ceremonial elements including color guard, national anthem, wreath presentation and the playing of "Taps." Attendees should be advised that this year's event will be held at 11 a.m., Thursday, Nov. 10 — the day before Veterans Day.

The event will be hosted at the Oregon State Capitol Park located on Court Street Northeast in downtown Salem -- directly in front of the Oregon State Capitol Building.

While the celebration will honor Oregon veterans of all eras, there will be special recognition of Oregon's Korean War generation.

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ODVA is honored to welcome Consul General Eunji Seo of the Consulate of the Republic of Korea in Seattle, who will serve as one of the event's keynote speakers.

The event is open to the public and uncovered seating will be provided for attendees. Accessible pathways and seating areas for those needing accommodations will also be provided. Attendees are reminded to plan accordingly for Oregon weather.

For those unable to attend, the event will also be livestreamed on ODVA's Facebook page.


--Ritch Hanneman

Post Date: 2022-10-27 10:26:02

Last Update: 2022-10-27 13:16:28

The Oregon Department of Human Services (ODHS), Office of Developmental Disabilities Services (ODDS) is proposing to permanently amend sixteen rules in OAR chapter 411.

Each of the sixteen rules is a separate program with a separate staff providing similar services to different identified groups. Part of the proposed amendments are to standardize wording and services. Standardization could and should give way to consolidation of some programs.

The proposals reflect changes about eligibility to provide consistency for determining eligibility for developmental disabilities services and clarifies Oregon residency requirements. Fourteen of the proposed rules say they clarify Oregon residency requirements by referring to OAR 461-120-0010, which really removes citizenship and substantially removes residency requirements. OAR 461-120-0010 allows anyone present in Oregon at the moment with the intent to remain to receive benefits is a resident.

The proposals reflect changes to thirteen rules extending eligibility by including individuals who qualify for the Healthier Oregon medical program, which is a non-citizenship medical program for those not eligible for other medical programs.

The proposal’s Statement of Need says the changes to eligibility is to “increase equity among those eligible to receive developmental disabilities services by removing citizenship requirements, aligning the rule language about non-discrimination, and extending eligibility by including individuals who qualify for the Healthier Oregon medical program.” It seems that adding non-citizens and non-Oregonians to the eligibility list is an excuse to claim a racial equity impact. However, “disability” in itself is listed as a minority subject to equity discrimination. It seems these rules are dividing the disabled into citizenship inequity.

In August 2020, the ODD Policy Coordinator, Caitlin Shockley, co-issues a bulletin to staff and stakeholders stating, “we are committed to true transformation…to colleagues and partners of color, we stand with you and support you… We all need to commit to center equity and disrupt racism.”

Statement Identifying How Adoption of Rules Will Affect Racial Equity in this state: Based on data and information currently available to ODDS, ODDS expects these rules will likely have a positive impact on racial equity. Given that a lesser amount of Oregon's noncitizens are arriving from Canada and Europe, the Department estimates Communities of Color, and therefore Oregon racial equity, will be positively impacted due to the expansion of developmental disabilities services, which will allow resources of those families and individuals to support other necessities rather than costs associated with supporting a person who has an intellectual or developmental disability.

Spreading services to more people diminishes the service unless more funds are added to the program. Is the cart before the horse? Shouldn’t funding come before the rule? ODDS estimates the proposed changes will have the following fiscal and economic impact on taxpayers:

• ODDS: Estimate for the first year of the Healthier Oregon medical program is $1,825,262 in state general funds for the first biennium, plus two new positions at $120,000 for the first year.
• Case Management Entities (units of local government): Caseloads are likely to increase. Estimated cost is $83,000 for the first biennium.
• Providers: A substantial cost of the Healthier Oregon medical program, estimated to be $1,825,262, will be paid to providers.

Of the statutory authority listed for the proposed rules, there is no mention of authority extending to non-citizens or non-residence. It also isn’t forbidden by the use of terms such as “all persons.” However, these are Oregon laws for Oregonians, and Oregon taxpayers are funding them. Going down the “not forbidden path” without legislative adoption is a dangerous precedence to set.

Comment deadline is December 9, 2022. Written comments may be submitted by email to christina.hartman@dhsoha.state.or.us.

ODDS plans to hold two rule hearings. November 30, 2022, 11:30 a.m. by Zoom. Register or join by phone: 1-669-254-5252, 161 407 3988#. And, November 30 at 5:30 p.m. by Zoom. Register or join by phone: 1-669-254-5252, 160 302 9023#.


--Donna Bleiler

Post Date: 2022-10-26 14:12:03

Last Update: 2022-10-27 15:24:06

Editor's note: In November, voters will be presented with four statewide ballot measures. This article deals with Measure 112 which was referred to the people by the Oregon Legislature during the 2021 Session as SJR 10.

Measure 112 seeks to amend the Oregon Constitution, Section 34, which reads: “There shall be neither slavery, nor involuntary servitude in the State, otherwise than as a punishment for crime, whereof the party shall have been duly convicted.”

Measure 112 removes language allowing slavery and involuntary servitude as punishment for crime. It accomplishes that by removing the second part beginning with “otherwise,” and adds: (2) Upon conviction of a crime, an Oregon court or a probation or parole agency may order the convicted person to engage in education, counseling, treatment, community service or other alternatives to incarceration, as part of sentencing for the crime, in accordance with programs that have been in place historically or that may be developed in the future, to provide accountability, reformation, protection of society or rehabilitation.

The Measure made the ballot because the legislature passed SJR 10 in 2021, sponsored by Senators Rob Wagner (D-Lake Oswego, Lew Frederick (D-Portland) and James Manning Jr (D-North Eugene). The Department of Corrections recognizes that compelled prison labor is sometimes perceived as modern-day slavery.

Rob Persson, Assistant Director of Operations Division for the Oregon Department of Corrections (DOC) testified, “DOC believes that perception (of slavery) is misplaced, at least with respect to the manner in which adults in custody (AICs) are engaged in prison work programs in Oregon’s prisons. Regardless of one’s views on the policy issues underlying SJR 10, the department has concerns regarding the potential legal uncertainty that would result if the language of the ballot measure SJR 10 would refer to the voters were to be approved in light of Article I, Section 41 of the Oregon Constitution (commonly referred to as “Measure 17”).”

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Measure 17 was approved by voters in 2014 giving DOC the ability to engage AICs in meaningful work and on-the-job training programs, and the obligation of AICs to participate. Oregon Corrections Enterprises (OCE) programs are not mandatory work programs. They are voluntary and highly sought after as the highest paying work opportunities in DOC.

If AICs no longer participate in work opportunities within DOC facilities, Persson says an undetermined significant increase in personnel would be required to prepare food, perform building and grounds maintenance, provide medical and custodial support, and a variety of other tasks. It is difficult to determine the number of full-time equivalent positions required, but it could easily be 1,000 and go as high as 3,000 positions.

OCE currently provides 29 work programs in nine institutions engaging 1,389 AICs (2,600 participants per year). The total AIC awards paid by OCE in fiscal year 2019-20 was $2.88 million.

Persson reported OCE has three programs paying AICs. There are two based on state and federal minimum wages and a Prison Industries Enhancement Certification Program (PIECP). The third is the laundry program. Under the PIECP, the Bureau of Justice Assistance certifies local and state prison industry programs meet all the necessary requirements to be exempt from the federal restrictions on prisoner-made goods sold in interstate commerce. The program places AICs in realistic work environments, pays prevailing wages, and provides opportunities to develop marketable skills to increase potential for rehabilitation and meaningful employment on release.

A cost benefit analysis conducted by the Oregon Criminal Justice Commission determined for every dollar spent with OCE the state saves $5.40 in recidivism costs. They recommended expansion of OCE programs, as they are valuable in reducing recidivism, improving job skills, and providing a productive way to spend time in prison. “Voices from the Inside” on OCE’s website shares the AICs perspective on OCE programs and their impact in rehabilitation.

Persson pointed out that a similar measure passed in Colorado that faced a lawsuit by AICs to receive at least the state’s minimum wage, be considered state employees, and receive the same benefits as state workers such as paid holidays and vacations, paid sick leave, and medical benefits, and backpay for two years. It would reportedly cost Colorado $1 billion. Oregon has approximately 15 percent larger inmate population than Colorado.

If Measure 112 were to pass, not all programs may qualify for PIECP certification for a federal program, basically exempting it from Measure 112. If OCE has to restructure to exempt desired programs from Measure 112, what is the purpose of Measure 112?

Bill drafters have no clue how Measure 17 will be impacted and admitted so in the summary, “Effect on current constitutional provisions requiring inmate work programs unclear.” A constitutional change isn’t easily corrected for unforeseen consequences, and these consequences would hurt the very people it is aimed to liberate.


--Donna Bleiler

Post Date: 2022-10-24 22:36:50

Last Update: 2022-10-25 00:21:14

The Oregon Department of Environmental Quality under Interim Director Leah Feldon is announcing its first rules advisory committee meeting to discuss what rules will govern the new Fuel Tank Seismic Stability program. The meeting, set for October 26 at 9:00am, will include discussions on DEQ’s proposed approach to the rules, what it means to minimize risk and how to ensure environmental justice is incorporated into the process.

“People around the world will be practicing earthquake safety and preparedness tomorrow during the Great Oregon ShakeOut,” said Mike Kortenhof, DEQ fuel tank compliance manager. “These rules will be critical for protecting people and the environment and keeping communities safer in the event of a major earthquake.”

The Great Oregon ShakeOut is part of a global drill for people to practice how to stay safe during an earthquake. This year, nearly half a million Oregon residents will be taking part in the self-led drill, practicing their drop, cover and hold on for at least 60 seconds as if a major earthquake is happening.

A rules advisory committee is a group of people who provide input and suggestions during the development of new rules. The committee members represent a range of interested groups, including neighborhoods near the fuel tanks, local emergency management, environmental organizations, local government and regulated facilities.

DEQ’s Fuel Tank Seismic Stability Program will evaluate the vulnerability of fuel tank systems to earthquakes and require facilities to develop plans to minimize risk. These rules will apply to all facilities that can store over 2 million gallons of fuel in Lane, Multnomah and Columbia counties. All committee meetings are open to the public to listen.

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“Oregon’s fuel tanks are vulnerable to earthquakes,” said Yumei Wang, senior advisor on Infrastructure Resilience and Risk at Portland State University, and lead author of the 2013 report highlighting this risk. “These facility improvements are essential to protect Oregon and support rapid recovery from the megaquake we know is coming to the Pacific Northwest.”

DEQ plans to hold a total of three committee meetings to reach its final proposed rules. Depending on committee discussions, DEQ may add meetings or make existing meetings longer. After the committee work is complete, DEQ will put the rules out for public comment and then present them to the Environmental Quality Commission for adoption.

This work is a result of SB 1567 passed in 2022. DEQ will also develop this program in consultation with the Oregon Department of Geology and Mineral Industries and the Oregon Department of Energy.


--Staff Reports

Post Date: 2022-10-21 12:33:39

Last Update: 2022-10-21 12:47:36

At may not seem like it, but all judges in Oregon are elected. The reality is that most judges rise to the bench through appointment from the Governor. Article V. Section 16 of the Oregon Constitution allows the Governor to appoint judges to vacant offices. "When at any time a vacancy occurs in any other state office, or in the office of judge of any court, the governor shall fill such vacancy by appointment, which shall expire when a successor has been elected and qualified."

Once appointed, judges have an easy task winning election to their office during the next election. They are listed as "incumbent" on the ballot -- unlike other political incumbents -- and any lawyer who may think about running for the seat may think twice, as they may have to appear before the judge. Further, the Oregon State Bar Code of Judicial Conduct has a chilling effect on what might be considered normal campaigning in another political race.

One judicial race in Marion County has heated up. Newly appointed Judge Erious Johnson is facing a challenge from Salem Attorney Amy Queen.

According to one source within the legal community, "There have been many concerns regarding how he treats litigants -- in particular victims, women, or people without lawyers as well as legal decisions since he was appointed by Governor Brown in February. We have heard this has resulted in many lawyers and even some people without lawyers filing affidavits to remove him from their cases."

Queen attended Willamette University College of Law and was hired at the Marion County District Attorney’s office as a law clerk and successfully passed the July 2004 bar exam. That same year she was hired as a Deputy District Attorney in the Marion County District Attorney’s office where she has prosecuted every type of crime, including aggravated murder, and was ultimately promoted to be a part of the management team.

Johnson's twitter feed contains many posts supportive of racial activism -- posts that many regard as inappropriate for a sitting Circuit Court Judge..

The Oregon Code of Judicial Conduct makes it difficult for judicial candidates to effectively campaign. This policy heavily favors incumbents. For instance -- in a statement that would easily chill most campaigns -- the code says that a candidate for judicial office may not:

knowingly or with reckless disregard for the truth, make any false statement concerning a judicial candidate's identity, qualifications, present position, education, experience, or other material fact that relates to the judicial campaign of the judge or any judicial candidate

Nor may they

in connection with cases, controversies, or issues that are likely to come before the court on which the judge or judicial candidate sits or may sit, make pledges, promises, or commitments that are inconsistent with the impartial performance of the adjudicative duties of judicial office

--Staff Reports

Post Date: 2022-10-20 06:28:40

Last Update: 2022-10-20 02:41:12

Judge Janelle Factora Wipper, Washington County Circuit Court, ruled on October 14, in the case of Washington County vs. Tim Sippel for the county keeping voters in the dark. Her ruling gives a sucker punch to freedom of information disallowing public access to records that may have cleared the air regarding certain election data. Judge Wipper contended this case could affect 15 counties and other states using the same voting machines. Dr. Douglas Frank, advising Attorney Stephen Joncus at the trial, said he expected the judge would rule in favor of the state, but not all is lost. Every case, whether won or lost adds more evidence into the record, and there have been many cases across the country.

The court rules that the SQL.ZIP file is:

1. Conditionally exempt from disclosure under the computer programs, security and trade secret exemptions.
2. Public interest in keeping the information safe and secure to protect the integrity of elections systems in Oregon.
3. Disclosure of the SQL.zip file for public interest does not outweigh the need to exempt this file from production.

Dr. Frank stated that for Oregon to hide this data makes it look like they have something to hide. Some counties have already released the data. The state and Washington County claimed there are security issues, breach of contract and trade secrets, and no public interest. Public interest is that the public has a need for the information. Attorney Joncus argued that the public has lost faith in the system and they have a right to know. Secretary Fagan just launched a campaign to bolster election integrity targeting false information, seemingly supporting the public’s need to know.

The takeaways from this trial are rich. Before the trial began, AG Rosenblum made a statement admitting machine are hackable under oath to secure a protective order. “Oregon tabulators are subject to wireless attacks and if the information is released, it would cause irreparable harm to Oregon’s election system.”

Oregon Attorney General, Ellen Rosenblum, joined the Secretary of State Shemia Fagan with Washington County in the lawsuit to stop Tim Sippel from a records request for the SQL election database. The SQL files are the tests run on the machines prior to the elections to see that the machines are operating correctly. It takes data from various tables it has access to, and it can manipulate that data to come up with an answer according to its protocol.

Sippel wanted to check the data for what other states are finding. Jeff O’Donnell found in Colorado that the machines were making a second data base and erasing part of the data and injecting other data coming up with a different result. In Massachusetts, they proved that the machines flipped and stuffed votes, and it was counting images, not the ballot. Michigan’s election was overturned when the judge ordered the voting machine opened and found modems.

Attorney Generals are critical to elections in every state. They are in charge of election security. Leading into the 2020 election, Oregon Attorney General, Ellen Rosenblum joined 23 Democratic state attorney generals in writing an urgent letter to the Senate Appropriations Committee and the Senate Rules Committee to strengthen election security. The letter asked for election-security grants so states could update their equipment and train election officials in information technology and cybersecurity.

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In 2021, $2 million was allocated to Secretary of State Fagan to distribute to counties for ballot tabulators, postmark scanners, ballot drop boxes and surveillance equipment that went unspent. This year legislators reallocated $1 million for postal barcode scanners and other equipment. The Secretary is using the other half on public service announcements and ballot tracking, and the remainder is being held for emergencies and divided among counties in 2023.

At the trial, Mark Cook, an IT Expert told the judge, “by-the-way, the internet security protocols you are using were hacked four years ago, I’d recommend you shut down your internet right now and install new security software before you run your county systems.”

As Dr. Frank traveled around Oregon, he observed that county clerks are using technology throughout the election system that they know nothing about. He says, “they simply repeat what they are told – machines are secure, they aren’t online, but they are. We are asking people to run elections with equipment they know nothing about.”

Mickie Kawai, Washington County Elections Manager for 33 years, testified regarding “air gaps” where ballots needing adjudicated are removed from the process via an isolated connected network through a cable. She described the process of ballots scanned into Del laptops that have modems that don’t take a password to turn on. She seemed to unknowingly verified to the court that their everyday Del laptops are on a network accessible by the internet and hackable without a password.

Tim Sippel testified that in his examination of the ballots, every ballot had a unique identifying code on it and the ballots are not anonymous. He has found lots of anomalies that he wants to talk to county clerks about. He testified that on what he has analyzed, he has found 60 counterfeit ballots.

Dr. Frank says he didn’t expect a favorable verdict. What he has learned in Oregon is, “judges move up the ranks by following precedence (the ultimate conformity) and not making waves. Judges who stand out, judges who make stands, that’s the end of their career.” Oregon’s judicial system lends to this ranking where there is an unwritten rule that retirements and resignations take place after close of candidate filings so the sitting Governor can appoint a replacement bypassing being elected.

Consideration for appeal would slow down the work on election integrity and that’s a cost that might not be worth an appeal.


--Donna Bleiler

Post Date: 2022-10-20 06:11:35

Last Update: 2022-10-20 14:29:53

A new Hoffman Research poll shows the Oregon gubernatorial race to be tighter than ever. With a 3.8% margin of error, Republican former State Representative Christine Drazan holds a small 2-point lead over Democrat former Oregon House Speaker Tina Kotek. When asked "If the general election for Governor of Oregon were held today, would you vote for Republican Christine Drazan,

If the election for Governor were held today, would you vote for Drazan, Johnson, or Kotek?
37%	Republican Christine Drazan
35%	Democrat Tina Kotek
17%	Independent Betsy Johnson
12%	Undecided

Independent Betsy Johnson, or Democrat Tina Kotek?" respondents picked Drazan over Kotek 37% to 35%. Independent former State Senator Betsy Johnson trailed with 20%.

Johnson respondents provided a path to victory for either Drazan or Kotek, with a whopping 59% of these saying that there was a chance they could change their mind. A Johnson withdrawal and pledge of support for either leader could easily turn the tide in either's favor.

The race is quickly becoming Oregon's most expensive political race ever and tight polling such as this is likely to draw even more money into the race.

Is there a chance you could change your mind?
	Yes	No
Drazan	24%	76%
Kotek	25%	75%
Johnson	59%	41%

Drazan was the only candidate of the three who polled a net favorable opinion among respondents. Her 3% net favorability stood out from Johnson's 9% net unfavorability and Kotek's whopping 12% net unfavorability -- possibly reflecting voter dissatisfaction of decades of Democratic control of the state. Former Senator Johnson served as a Democrat in the legislature.

Oregon has not seen a Republican in Mahonia Hall -- the name of the governor's mansion -- since Vic Atiyeh left office on January 12, 1987, an absence of 35 years.

	Favorable	Unfavorable	Net
Drazan	35%	32%	+3%
Kotek	31%	43%	-12%
Johnson	23%	32%	-9%

The survey has a margin of error of plus or minus 3.8% at a 95% confidence level. The survey is based on landline and cellphone interviews with 684 randomly chosen likely voters in Oregon. Attention was given to Oregon's rural and urban divide within seven geographic regions. The survey also maintained appropriate balances with regard to age, gender, and vote propensity.


--Staff Reports

Post Date: 2022-10-20 05:01:59

Last Update: 2022-10-20 02:24:38