Join Marion Polk First in their campaign to stop tax hikes in the City of Salem by canvassing in support of Michael Hoselton, candidate for Ward 5 City Council. RSVP with Nick Hill at nick@marionpolkfirst.com or just show up ready to meet you north Salem neighbors.
Meet at Hammond Elementary School - 4900 Bayne St NE, Salem, OR 97305 - Jan Ree/Kale Street neighborhood
Election Integrity Symposium
Friday, May 24, 2024 at 1:00 pm
1-5:30, $25 adm. Speakers include Phil Izon from Alaska Ranked-Choice voting Education Association, Mark Cook from Colorado IT witness on Tim Sipple case, and Dr. Frank on how to use data to approach clerks. Washington County will give a report on finding dead voters. And others to give information on how to approach counties for in-person voting.
Celebrated on the anniversary of June 19, 1865, when in the wake of the American Civil War, Major General Gordon Granger ordered the final enforcement of the Emancipation Proclamation in Texas.
In a recently resurfaced video of a Congressional hearing, newly elected US House Speaker Mike Johnson objected to excluding parents from making decisions for their children. To the left, he said, they are the state’s children. Even a parent has no constitutional right to transition a child. “Whether it’s by scalpel or social coercion, it’s an aggressive attempt to transition the young people of our country. There is something deeply wrong…The coverup is extreme.”
While stating his views on LGBTQ issues in a hearing, Speaker Johnson revealed a deleted blog of Oregon Dr. Blare Peters, Oregon Health Science University. Dr. Peters is a double fellowship-trained plastic and reconstructive surgeon who specializes in gender-affirming surgery and peripheral nerve surgery.
Speaker Johnson summarized his criticism in his speech.
"...We see adults inflicting unspeakable harms on helpless children to affirm the adults' own worldview: that gender is somehow fluid, that sex can be surgically altered, that there are no lasting consequences of all this madness as the result of the sex-change procedures. What is even more alarming is that the central tenet of the trans-gender movement and its allies is to exclude parents as much as possible from making decisions about the health of their own children. Medical professionals and schools increasingly see parents as "trans-phobic bullies who must be prevented from standing in the way of a medical sexual transition of their own kids."
Speaker Johnson states that Dr. Peters calls himself the ‘Queer surgeon’ and he boosts about the shocking, fully experimental, irreversible and life-altering invasive procedures that he and others are performing on children to surgically modify their genitals. He admits that no one has published any studies on these procedures. They are “just kind of learning and figuring out what works,” rearranging anatomy and they know nothing regarding the outcome.
During the interview, which is embedded in the video below, Dr. Peters says:
"The one thing that is very new is genital surgery in someone who has underwent pubertal suppression. [It is] not so much an issue in someone with assigned female at birth anatomy that undergoes a phalloplasty because we're crating something new with a free tissue transfer -- a flap anyway, but a much bigger issue for a person undergoing a penile inversion vaginalplasty because we use all that tissue to create the vulva as well as lining the internal vaginal canal and as a specialty those of us who do a fairly high volume of genital gender-affirming surgery -- we've maybe done a couple, a handful, of fully purebertally suppressed adolescents as the field and no one's published on it yet, OHSU is still just putting our first series together as we're kind of learning and figuring out what works."
Long before HB 2002 was passed in June, OHSU was given research authority in 2001 under ORS 353.556. MEAWW News reported last July that Dr. Peters has been performing gender altering surgery for some time. They exposed a deleted video in which a surgeon going by the name "Dr Frankenstein," spoke openly about the drawbacks of performing genital reshaping procedures on transgender children and adults. They report that in the video, Dr Peters, a self-described "queer surgeon" with pink hair, who uses "he/they" pronouns, and has a "passion" for genital procedures, claims that patients must deal with lifetime post-operative difficulties related to fertility, sexual satisfaction, and other issues.
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Empower Physiotherapy in Seattle produced the 37-minute interview with Dr Peters, during which he made the confession to the comparison to another doctor, the fictitious researcher who creates a monster out of body parts in Mary Shelley's 1818 novel, Frankenstein.
In the video, Dr Peters discusses developments in phalloplasties and vaginoplasties, such as the use of a robot operated by a second surgeon to create a 'neo-vagina' from tissue taken from the penis and scrotum. He also discusses "nullification," a growingly common treatment that involves the total removal of genitalia from non-binary individuals. He controversially refers to the 'puberty-suppressed teenagers' having genital surgery at OHSU - young people who have used drugs to postpone puberty.
Dr Peters stated, "We're kind of learning and figuring out what works." After surgery, patients commonly experience issues, and says they might have "rectal injury and urinary incompetence." Some people find it difficult to get "sexual satisfaction" from changed bodily parts, and their odds of "future childbearing" are worse.
Some of them require "really demanding post-operative care." Over time nearly every patient who has had male-to-female genital surgery just aren't able to have sex, and they will lose a lot of depth.
As more Americans, both young and old, choose to have genital surgery, Dr Peters claims his methods and success rates will increase. However, there is still much to learn in this developing field of medicine. He said, "We're going to learn a lot more about it in the next five to 10 years as we're doing increasing numbers of these cases."
It appears that the initial video was posted and then removed last year, and recently found in an archive and reposted on social media. Speaker Johnson says he wants to shed light on what this problem is and how we can address it.
Ben Edtl exposes plans to surveil, compile and “mitigate” the speech of Oregonians
The Oregon Secretary of State completed a Request for Proposals seeking the development of software to “identify and mitigate harmful information online as it relates to elections (misinformation, disinformation, and mal-information or MDM).” Negotiations for the RFP is scheduled to execute October 27th, 2023, in time for the 2024 election season.
The RFP refers to a “significant increase in burdensome public records requests over the past two years seemingly fueled by MDM on social media.” It refers to MDM as “threats” throughout the RFP.
The purpose states, “In order to effectively promote accurate information regarding election administration and combat MDM, the OED and CC must have the capability to detect and analyze MDM. OED and CC currently do not have capacity or technology support to track, follow, and trace all of the threats.”
“The only way I can comprehend the SoS’s reference to threats is because the speech targeted by the SoS to ‘mitigate’ is confirmable truth,” states Ben Edtl. Edtl is a plaintiff in the lawsuit Thielman v. Fagan which claims there is a “crisis in confidence” in Oregon’s election system and challenging the legality of Vote by Mail. The case is now in the Ninth Circuit Court of Appeals and was victoriously awarded expedition based on the timing of the upcoming General Election and the merit of evidence.
This past July Democrat House Speaker Dan Rayfield, who is now running for Oregon Attorney General, along with the Secretary of State’s Office conspired with Meta and USA Today to censor one of Edtl’s Instagram reels and suppress his account. In the video on X, Edtl discusses the evidence brought against the Secretary of State in Theilman v Fagan. Evidence obtained by those “burdensome public records requests,” which is now the last remaining channel for citizens to provide oversight on the integrity of State managed elections.
“This is extraordinarily scary,” states Edtl about the RFP. “Rather than address the blatant election security issues and the ever-increasing removal of transparency, the State is cracking down on the most basic of Civil Rights: Free Speech.”
The U.S. Supreme Court, in Brandenburg v. Ohio, established that speech advocating illegal conduct is protected under the First Amendment unless it is likely to incite "imminent lawless action." Brandenburg was convicted for a speech at a Klan rally advocating violence under the Ohio Criminal Syndicalism Statute. The syndicalism law made it illegal to advocate "crime, sabotage, violence, or unlawful methods of terrorism as a means of accomplishing industrial or political reform." The court found that the Ohio law violated Brandenburg's right to free speech and ignored whether or not the advocacy it criminalized actually led to imminent lawless action, rendering the law overly broad and in violation of the Constitution. If this case was unconstitutional, it will be impossible for Oregon to not violate free speech in this RFP in its attempt to limit speech.
Under Section 1.5.2 the RFP lists one of its primary objectives as sharing information with the FBI and State Police. The RFP also asks for reports to social media platforms that censors accounts sharing information opposed by the Secretary of State. The Minimum Solution Requirements are:
The Solution must have the capability to monitor online media.
The Solution must have the capability of providing notifications.
The Solution must not exceed a total cost of $146,000 for a 16-month period of performance.
The Secretary of State is using procurement statutes under ORS 279A.050(4) as the authority for contracting with a vendor to administer a censorship program. The Secretary of State's office did not respond to a request for a comment.
“I feel an immense call right now to step up and serve my community”
Bruce Starr, a current city councilor and former State Senator, filed and
announced that he is running again to serve in the Oregon Senate. Starr, a conservative
Republican, served in the State House and Senate from 1999 to 2014.
Starr and his wife, Rebecca, currently reside in Dundee. Since leaving the legislature, Starr cofounded a Christian preschool company which partners with local churches in several states
offering quality private-education. Starr also continues to farm his family’s nearly-60-year-old
Hillsboro farm and run Bulldog Fence Company which he founded in 2018. He and Rebecca have
a strong Christian faith and attend Living Hope Fellowship.
“I feel an immense call right now to step up and serve my community,” said Starr. “These last 10
years in the private sector, both as a contractor and founder of a Christian preschool, has really
sharpened my perspective and given me greater strength.”
Sen. Bruce Starr was known in the legislature as a transportation expert. One of his key
accomplishments was securing funding and groundbreaking for the Newberg-Dundee Bypass.
“Senator Starr was key in helping us get the Newberg bypass approved. His knowledge and
persistence were critical,” said Sen. Larry George, who served with Starr and says he will be supporting
him.
Starr says he is waiting to hear the outcome of incumbent Senator Brian Boquist’s ability to run for
reelection. Boquist, who Starr once served with, is one of the senators who helped deny
quorum as Democrats pushed what Starr calls the most extreme abortion and transgender agenda in the United
States.
“I 100% support Sen. Boquist and have utmost respect for him. The decision by the Republican
senators using tools available to them to best-represent voters was correct,” said Starr. “I will
continue serving Senate District 12 with effective, conservative leadership much like Senator
Boquist’s nearly-two-decades example.”
Bill Rosacker, Mayor of Newberg, said: “Bruce’s past accomplishments securing road
infrastructure speak for themselves. Having him in the Senate fighting for our community’s
needs will be quite an asset for us.”
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"Starr's record on protecting victims is stellar, from championing Jessica's Law to never wavering
on support for Measure 11, I look forward to working with him again in the Oregon Senate,”
said Steve Doell, who is the President of Oregon Crime Victims United.
Dave Brown, former Newberg School District Board Chair, said: “I’m excited at how driven
Bruce Starr is to influence positive change in Oregon’s failing public education system.”
“Bruce Starr has a great record of fighting tax increases,” said Jason Williams, who is the
President of the Oregon Taxpayers’ Association.
Lois Anderson, Executive Director of Oregon Right to Life, said: “Bruce is a tried and true pro
life leader, which is exactly what is needed in the Oregon Legislature.”
“Bruce Starr’s depth of knowledge and work ethic make him a perfect fit to represent us in the
Legislature at such a critical time,” said Chris Chenowith, who is a McMinnville City Councilor.
“The overwhelming majority of the state wants change”
Through Measure 110, Oregon was the first state in the nation to
decriminalize possession of drugs such as heroin, methamphetamine, cocaine, and
fentanyl. Funding was shifted away from public safety, schools, cities, and counties and
redirected to the Oregon Health Authority to implement Measure 110. Representative Christine Goodwin (HD-4), a Republican serving in the House Chamber of the Oregon Legislature, says that the results have been atrocious and that Measure 110 policies have failed Oregonians miserably.
Goodwin says that the overwhelming majority of the state wants change that and many are calling for full repeal.
Representative Christine Goodwin (R-Canyonville) has been appointed to the
Joint Committee on Addiction and Community Safety Response and calls for a repeal of
Measure 110 to restore protections for our communities. She says Oregon needs to give law enforcement the
tools they need.
"Measure 110 is a failed experiment. The decriminalization of drug possession and lack of
required treatment has led to dramatic increases in drug addiction, open drug use in
public spaces, homelessness, and crime. We have reduced the deterrent effect of law
enforcement and taken away their ability to arrest, which has compromised community
safety. Oregonians are fed up and demand action," said Representative Goodwin.
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Goodwin points out that CDC data indisputably shows that drug overdoses from drugs like heroin and fentanyl
have tripled in Oregon and that of the 5,000 citations for drug possession, only 120 called the
treatment referral hotline, and 60% of those ticketed never paid their fines.
Oregon is #1
in the nation for meth use and #4 for opioid use. Overall, we have the 2nd highest addiction
rate in the country. Yet, our state ranks last in the nation in providing treatment options.
The Douglas, Josephine, and Jackson County Commissioners, District Attorneys, and
Sheriffs are passing resolutions requesting the Governor and/or the Oregon Legislature
repeal Measure 110. "I strongly support those requests and will work diligently with my
county governments to return public safety to our communities," concluded Goodwin.
In an unusually brief meeting, Linn County Commissioners Roger Nyquist and Sherrie Sprenger approved an agreement with the city of Albany, that supports county Justice of the Peace Jessica Meyer also serving as Albany’s Municipal Court judge.
Commissioner Will Tucker was not present.
Commissioner Sprenger said she strongly supports this agreement, calling it a “great partnership” and an “opportunity for Linn County and Albany to do something together.”
Judge Meyer is a partner in the Morley Thomas Law firm in Lebanon.
She was Linn County Justice of the Peace pro-tempore from 2012 to 2018 and has been Justice of the Peace since 2018. She also prosecuted cases for the city of Lebanon.
Judge Meyer has a degree in horticulture and business management from Brigham Young University. She earned her Doctor of Juris Prudence degree from the Willamette University School of Law in 2005 and joined what was then the Morley, Thomas and McHill Law firm in 2006. She became a partner in 2011.
While at Willamette, she served as an editor of Willamette Law Online and was a member of the Willamette Law Review.
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Judge Meyer will succeed Municipal Court Judge Forrest Reid.
The Linn County Justice Court and the Albany Municipal Court have similar responsibilities. The Justice Court has jurisdiction over misdemeanor crimes and other offenses committed in Linn County such as traffic, boating, wildlife and other county offenses.
In addition to county issues, the Justice Court handles similar issues for the cities of Brownsville, Halsey, Lyons, Millersburg, Sodaville, Tangent and Waterloo.
The Albany Municipal Court has jurisdiction over misdemeanors committed within the city limits of Albany.
Away from work, Judge Meyer serves on the boards of the Lebanon Community Hospital Foundation and the Oregon Justice of the Peace Association.
According to her law firm website, Judge Meyer enjoys, “running, skiing and spending time with her busy family.”
“Unintended consequences are wreaking havoc and destroying our communities”
The Douglas County Oregon Board of Commissioners Tom Kress, Chris Boice, and Tim Freeman
in conjunction with Douglas County Sheriff John Hanlin and Douglas County District Attorney Rick Wesenberg have
joined forces to send a clear message to Salem asking for the repeal of the 2020 Oregon Ballot Measure 110 (aka Drug
Addiction Treatment and Recovery Act) and a return to the enforcement of Federal Drug Laws.
“In our humble opinion, Measure 110 was touted, promoted, and sold to Oregonians in 2020 as a supposed
‘humane solution’ for Oregon’s growing drug epidemic and overcrowded prisons," said Board Chair, Commissioner Tom Kress. "However, well-intended the
measure was, it has not held up to the promises made, and far more serious are the unintended consequences that are
wreaking havoc and destroying our communities and our families. The limitations placed on law enforcement and the
DA because of Measure 110 have made it impossible for them to effectively control drug use in our County. It has
created a society without penalties.”
A letter was sent by the Commissioners to Governor Kotek, Members of the Legislative Assembly, US Attorney Wight,
and Former US Attorney Billy Williams. Douglas COunty says the letter comes in response to several outcries from the citizens of Douglas
County who are concerned with the huge increase and rampant drug use, drug crimes, and drug related deaths in their
communities.
“The promise of Measure 110 was treatment not punishment," said Commissioner Tim Freeman. "But that has turned into a failed promise and
even more importantly the lack of legal consequences has proven disastrous for our citizens and communities. The
frustration we hear from our citizens about rampant drug use and punishment are the same frustrations that we share.
We feel the decisions being made [in Salem] are creating this systemic problem. Something has got to change! From
our standpoint as Commissioners, one of the roles we have is making sure that the Sheriff’s Office, District Attorney’s
Office, and DINT all have the resources they need to do their jobs. Of the counties that are small timber receipt
counties like Douglas County, we are one of the last counties that still does 24/7 patrols, we are one of the last that still
prosecutes all crimes, and that’s because the Commissioners and the budget committee make public safety a priority. I
wanted to let you know that we are doing everything we can to combat drugs, but unless Measure 110 is repealed, our
hands are tied.”
Additionally, in response to community concerns, the quintet of Douglas County Officials, along with DINT
Commander Rick McArthur agreed to be part of a panel discussion during a special Town Hall Meeting in Yoncalla on
Tuesday, October 10, 2023. The Yoncalla Town Hall Meeting was held prior to the Yoncalla City Council Meeting and
offered an opportunity for Yoncalla area residents to speak openly and share their concerns with elected officials about the
ongoing drug epidemic.
“What has turned out to be fishy about Measure 110 is that the out of state measure financiers sold the voters
on the promise that, ‘We are not going to put people in prison for minor drug possession charges", District Attorney Rick Wesenberg said. "Because it’s not
going to be illegal anymore. This will decrease drug use and crime because everyone that needs it, is now going to get
treatment.’ But, what they didn’t tell everybody was that the treatment beds do not exist, the treatment programs do not
exist, and more importantly now there was no motivation or consequences to get addicts into treatment. Because now
it is essentially just a traffic ticket. For example, an open container of alcohol in a vehicle is currently around a $400-
$500 ticket. While possession of a personal amount of methamphetamine is less than a $100 ticket. According to law
enforcement, most people just crumble up the ticket and forget about it. Now there is a phone number on the ticket for
treatment, but statistics on that statewide show that of the people given tickets for drug possession only a small
percentage even call the treatment number and even less actually get treatment. The percentage is so small that it is in
the single digits and doesn’t even register. Sadly, what this has done is make Oregon essentially a free-for-all. It’s
absolutely terrifying.”
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Amidst answering questions and responding to comments made by the citizens, the panel reinforced their stance
about the use, misuse, sale, and distribution of illegal drugs. They firmly believe that possession or sales need be
considered a criminal offense and prosecuted as such. Discussion between citizens and the panel centered around the
following points:
Measure 110 and the negative impact it has had on the criminal justice system in Douglas County and all
across the State of Oregon.
The recent letter signed by the Board of Commissioners, District Attorney Wesenberg, Sheriff Hanlin
asking Governor Kotek to repeal Measure 110.
The impact of the public defender shortage.
How citizens can help Law Enforcement do their jobs by reporting crimes as they happen (even to the
point of being a squeaky wheel).
The process involved in investigating and prosecuting crimes.
The importance of educating youth in schools about preventing substance abuse and the realities of drug
addiction.
As well as vote and encourage others to "vote in ways that support public safety and law enforcement",
since many of the issues our communities are facing are because legislation coming out of Salem does not
address the serious uptick in drugs that is overrunning communities.
“Through state grant programs we received funding to support our Local Public Safety Coordinating Council
through our Justice Reinvestment Committee," explained Commissioner Chris Boice. "We utilize this funding to support a local program in our jail called
RSAT (Residential Substance Abuse Treatment). This program allows the opportunity for jail inmates convicted of
drug crimes to complete this program instead of serving time in prison. With this program they would stay in the local
jail and receive substance abuse treatment while serving their sentence. Up until Measure 110 was passed, we were
seeing significant success in this program and subsequent drug rehabilitation after-care programs that were giving
people a second chance to learn to live drug free, pay off their debts, be productive members of society and reunite with
their families. But Measure 110 has all but killed that program. We are having a hard time filling those RSAT spots
now, because no one is getting sent to prison for drugs anymore.”
On the law enforcement side of Measure 110, the situation is pretty grim as well. “This drug problem affects us
all. Me included," said Sheriff John Hanlin. "For any of you that have loved ones affected by drug problems, I feel your pain. But, it’s important
for citizens to continue to be vigilant in reporting crimes, all crimes. You’ve got to call dispatch when you see these
problems happening. When you get frustrated because an arrest wasn’t made, don’t get frustrated with us (law
enforcement) because we are just as frustrated that we can’t do anything. You need to get frustrated with the state
legislature and with the Governor and with our society that has made this drug problem unpardonable to everyone.
Your frustrations are exactly our frustrations. You say we aren’t doing our job, and you know what? We’re not doing
our job and you know why? Because the state has taken away our ability to do our job!”
Oregon Governor Tina Kotek has announced that she has appointed Colonel Alan R. Gronewold as The Adjutant General (TAG) of the Oregon National Guard. Outgoing TAG Major General Michael Stencel will retire after a 39-year-long military career and eight years in his TAG position in November.
“With new beginnings comes an appreciation for how we got here,” Governor Kotek said. “Outgoing Adjutant General Stencel led with integrity and rigor. I am grateful for his lifetime of public service, the rewards of which are felt across the Oregon National Guard membership, state, and nation.
“Alan Gronewold is a tested leader, known for building a positive organizational culture by centering dignity and respect. He brings the experience and character this position calls for, and I am honored to name him as our next Adjutant General.”
Kotek points out that Gronewold is a proven senior executive and decorated combat veteran with demonstrated success leading multifunctional teams of up to 5,000 employees across wide geographic areas to exceed organizational goals.
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Gronewold holds a bachelor’s degree in environmental science from the U.S. Military Academy in West Point and a master’s degree in strategic studies from the U.S. Army War College. He has dedicated 27 years of his life to service, including deployments to Kuwait, Germany, Afghanistan, and Iraq, while acquiring increasing levels of responsibility on each operation, earning the rank of Colonel and is currently in process for promotion to Brigadier General.
Prior to his appointment, Gronewold served as the Oregon Army National Guard Land Component Commander. In addition to his deployments, Gronewold has held a number of leadership positions, including commanding the 41st Infantry Brigade Combat Team, the 40th Combat Aviation Brigade, along with serving as the State Army Aviation Officer and Division Chief of the Joint Forces Headquarters.
Douglas County Clerk Dan Loomis has denied six “Prospective Initiative Petitions” that would allow petitioners to have the formal petitions needed to gather signatures for getting “hand counting of the ballots” on the Douglas County ballot for the 2024 primary. The unofficial citizens petitions signed at the fair are being used as evidence and to inform Douglas County Clerk Dan Loomis and County Commissioners Tim Freeman, Chris Boice and Tom Kress, that their constituents want ballots hand counted.
The six denied prospective initiative petitions were to create a Douglas County ordinance for restricting official counting of ballots in Douglas County to the method of a hand count. The petitions relied on ORS 254.485 Tally of ballots (1) “Ballots may be tallied by a vote tally system or by a counting board. A counting board may tally ballots at the precinct or in the office of the county clerk. In any event, the ballots shall be tallied and returned by precinct.”
The petitions were denied by County Clerk Dan Loomis because they were “not a matter of county concern” and “not legislative”. Petitioners asked for more information so that they could fix whatever was wrong with the petitions. One answer from Dan Loomis stated. “My obligation is to review the submitted ‘text to determine whether the prospective initiative petition complies with constitutional requirements’. ORS 250.168 (3) simply requires me to notify the petitioner of my determination. The statute to (sic) does not require me to state why I’ve made the determination that I did, but simply to state my conclusion, which I have done... Kind Regards, Dan”.
During the four days of the Douglas County Fair, the Republican Party Booth offered the public a citizens petition to sign in support of hand counting ballots within the county. The volunteers manning the booth reported that about 90% of the fair goers that stopped at the booth also signed the petition. There were 372 total signatures, mostly from the fair booth. An associated list kept of people who would be willing to volunteer on the counting board received 90 signatures. It appears that fairgoers are confirming that the people of Douglas County want their ballots counted by humans, not machines.
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For a year Dan Loomis never mentioned the Directive, even when he was asked why the petitions were being denied just a few weeks after the directive was issued. Not until October 6th did he mention it as the reason that if we were able to pass hand counting as a measure, the Secretary of State would not certify the votes counted by hand in Douglas County.
“Not Legislative” is based on case law. ”The crucial test for determining that which is legislative and that which is administrative is whether the proposed measure makes law or executes a law already in existence.” Monahan v. Funk. The caselaw supports the petitioners assertion that the petition for hand counting ballots in Douglas County is legislative.
Logic tells petitioners that when the Douglas County Code is amended to add a new ordinance it is of “county concern”. The ordinance would command that “all ballots in Douglas County shall be tallied by a counting board”. Electors all claim Douglas County as their legal residence. All the candidates run for positions that are in the jurisdiction of Douglas County. Douglas County elections are conducted at the county level by the County Clerk with an exception vaguely referred to in ORS 246.200 “County clerk to conduct elections”. The statute states; “...Except as otherwise provided by law...”. That phrase allows the Clerk’s control over elections to become influenced by the Secretary of State through directives. Directive 2022-4, “Tally of Ballots”, dated September 2, 2022 might be changing the “method of counting the votes” from a “county concern” to a “state concern”.
The directive states: “To ensure the uniform and accurate tally of all valid ballots cast, election officials in a jurisdiction where, on the 45th day before an election, the number of active registered voters eligible to vote in the election exceeds 500, must count all valid ballots cast in the election using a voting machine or vote tally system, that is approved for use under Oregon law.”
There are no counties in Oregon with 500 or fewer registered voters. Therefore, Directive 2022-04 disallows all hand counting in Oregon. With this directive, the Secretary of State has created a “rule” that has jurisdiction over all counties. When a state office has jurisdiction, then it is no longer decided at a county level. Therefore jurisdiction changes it from a “county concern” to a “state concern”? Before September 2, 2022, the County Clerks had the authority to switch from tally machines to hand counting of ballots. Two petitions were filed before this time. However, Douglas County Clerk Dan Loomis and County Commissioners Tim Freeman, Chris Boice and Tom Kress stood firm on being against the hand counting of ballots. Being elected officials, they trust the machines to count the votes that put them in office. Incumbent Dan Loomis has recently announced he is running for another term as County Clerk during the May 2024 primary. The petitioners deny that the directive is valid due to a conflict of law between the directive and a statute of superior legal force, ORS 254.485 Tally of ballots. Quoted earlier in this article, it gives a choice between tallying by machines or by hand counting.
The directive is being used to void a statute passed by legislation. The directive was signed by then Elections Director Deborah Scroggin, who has since resigned her position effective January 20, 2023. Her supervisor at that time was Secretary of State Shemia Fagan, who resigned in disgrace on May 8, 2023 over her acceptance of $10,000 per month as a consultant for the cannabis dispensary chain La Mota. Fagan’s office was auditing the state’s cannabis regulations.
An ordinary directive is not enforceable by law. However, Directive 2022-4 is because "ORS 246.120 Directives, instructions and assistance to county clerks" broadens the authority of the Secretary of State’s office. The statute states:
“The Secretary of State shall prepare and distribute to each county clerk detailed and comprehensive written directives, and shall assist, advise and instruct each county clerk, on registration of electors and election procedures which are under the direction and control of the county clerk. The directives and instructions shall include relevant sample forms of ballots, documents, records and other materials and supplies required by the election laws. A county clerk affected thereby shall comply with the directives or instructions.”
The Secretary of State now has the statutory authority to write law by directives and thus compel County Clerks to follow the directives. However, in this instance, a directive was written that clearly conflicts with a statute. ORS 254.485 Tally of ballots is the superior law. Directive 2022-4 can be challenged and judged null and void when the Clerks denial of the initiative petition is appealed. If successful, choosing the method of counting the ballots will again be “of county concern”.
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The statute "ORS 246.120 Directives, instructions and assistance to county clerks", should be revised to clarify that directives and instructions issued by the Secretary of State shall not conflict with laws passed by legislation or the Oregon Constitution.
USlegal states “Administrative agencies can make rules only when rulemaking power is delegated to them by statute or constitution. If an agency exceeds the power conferred by a legislature in making a rule, the rule made will be considered void. The fact that regulations made by an agency are reasonable does not prevent them from being deemed invalid.”
To appeal a County Clerk’s denial of a “Prospective Initiative Petition”, the petitioners must file a complaint (petition) with the circuit court of that county. Appeals could fall under two different statutes: ORS 250.168 Determination of compliance with constitutional provisions or ORS 246.910 Appeal from Secretary of State, county clerk or other elections official to courts.
Anyone that would like to assist the effort to return to hand counting of ballots can contact the author of this article at terrynoonkester@gmail.com
“Oregonians from all corners of the state want action now”
The Oregon Legislature has now convened a Measure 110 bipartisan workgroup to try to figure out how to solve the ever-growing drug problem in the state. Many observers are saying that the committee exists mostly for show. Representative Anna Scharf (R-Amity), a Republican in Oregon, has now pointed out that it seems some politicians may be using it just to build campaign talking points for the upcoming 2024 election. She says that this committee is driven by the majority Democrat party that refused to have bi-partisan conversations during the 2023 Legislative session.
Representative E. Werner Reshke (R-Klamath Falls) and Senator David Brock Smith (R-Port Orford) have both recently called for Measure 110 to be overturned.
Now, less than 4 months after the end of that session, many Oregonians are insisting that the drug abuse epidemic they are witnessing is an emergency that needs a bipartisan package solution before the February 2024 short legislative session.
In November of 2020, Oregon had been in lockdown for over six months when voters went to the polls. It was a contentious Presidential election year and Measure 110 passed is a divisive manner as well with only 58% of voters supporting it. The result, Oregon became the first state in the nation to make personal possession of a controlled substance no more than a Class E violation (max fine of $100 fine). In comparison, a Class C traffic violation, going 11-20 miles per hour over the speed limit, carries a $165 fine.
"The voter’s pamphlet in 2020 was, at best, misleading to the average voter." says Representative Anna Scharf (R-Amity).
The Secretary of State ‘s approved Ballot title was presented as follows:
Result of 'Yes' Vote: 'Yes' vote provides addiction recovery centers/services; marijuana taxes partially finance (reduces revenues for other purposes); reclassifies possession of specified drugs, reduces penalties; requires audits.
Result of 'No' Vote: 'No' vote rejects requiring addiction recovery centers/ services; retains current marijuana tax revenue uses; maintains current classifications/ penalties for possession of drugs.
There were 18 pages of YES on Measure 110 information. To the average voter, it would appear that more people favored this measure, and who wouldn’t, after all it was going to “provide addiction recovery centers /services”.
Measure 110 was supported by large one-time Political Action Committees (PAC): A More Humane Approach, Yes on 110 Committee, More Treatment for a Better Oregon, and Washington County Justice Initiative.
$6M dollars was received by these various PACs from the Drug Policy Alliance (DPA) out of New York. This out of state organizations mission is “working to end the drug war, repair its harms, and build a non-punitive, equitable, and regulated drug market. We envision a world that embraces the full humanity of people, regardless of their relationship to drugs”.
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The statements in the voters’ pamphlet statements also appeared to come from credible and well known organizations: Oregon Nurses Association, Oregon Academy of Family Physicians, a wide variety of faith organizations, Oregon ALF-CIO, AFSCME 75, IBEW Local 48 and other union organizations, organizations representing underserved communities such as Hacienda CDC and Latino Health Coalition, multiple addiction and diversion counselors alongside Oregon School Social Workers Association and Oregon School Psychologists’ Association and pages from individual Oregonians.
In contrast, the NO on Measure 110 campaign had one PAC fighting the measure, the No on Measure 110 committee, and they raised a total of $167,000. Add to that the mere 7 pages of opposition, and it seems the argument paled in comparison and organizational backing. There was a lone doctor and registered nurse, a candidate for State Representative who lost her election, a single recovery treatment provider, a sitting Senator from rural Eastern Oregon, a school district superintendent, who would later run for Governor and lose in the primary and a few dozen citizens. The backing was lackluster at best.
However, it was opposed by 25 of the 36 Count District Attorneys from across the state.
"Measure 110 failed to do what the voters thought it would do which was to increase access to treatment by creating more treatment options and access," explained Representative Scharf. "Instead, it decriminalized heroin, meth, cocaine, oxycodone and fentanyl and eliminated the legal options for lifesaving interventions and mandatory treatment. It tied the hands of law enforcement and District Attorneys and portrayed individuals with active addictions as rational actors who would naturally seek out and accept treatment for their condition willingly. A person with an addiction does not make rational decisions. They are either led to it or forced into it. Measure 110 did neither. It gave permission to use drugs and the State funded the ongoing addiction through a network of Community Based Organizations (CBO’s) who provided tents, food, clean needles, money and very little treatment. Remember, the treatment is voluntary."
Scharf points out that there are multiple polls recently showing that Oregonians want a repeal of Measure 110 .
August 23, 2023 Oregon Live “Emerson College Polling, a leading pollster, conducted the survey this month, finding 56% of Oregonians support a total repeal of Measure 110, with 64% saying they support repealing parts of the law.
September 27, 2023 OPB “An April poll by DHM Research found that 63% of voters support bringing back criminal penalties for drug possession”.
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DHM Research surveys (they are an independent research firm that specializes in measuring the values and priorities that drive public opinion). April 24, 2023 – Oregon Voter Survey; 6 in 10 voters think Measure 110 has made drug addiction, homelessness, and crime worse. May 12, 2023 - 63% of Oregon Voters support brining back criminal penalties for drug possession.
Scharf says that unlike previous short sessions, the Democrats are face to face with a real public opinion shift. She says that they simply can’t do nothing, but they don’t want to do repeal Measure 110 and take all that money away from the CBO’s that facilitate the drug use in order to gain the funding from the marijuana tax.
"They need more support to maintain and expand this work,” said Representative Jason Kropf (D-Bend), co-chair of the Joint Committee. This despite the Oregon Health Authority ending Measure 110 grants over misuse of funds to three addiction providers in September for failure to provide services for the grant funds they received.
"Democrats need to do something in order to appease voters and retain control of the House and the Senate," said Scharf. "Oregonians from all corners of the state see the failure of Measure 110 and they want action now. They must come up with something that appeals to voters and makes them feel like change is coming, without actually doing anything. Remember, the major supporters of Measure 110 in 2020 were Unions, Oregon ALF-CIO, AFSCME 75, IBEW Local 48, etc., and other special interest groups who financially back the campaigns of Democrats. They need those backers and their money to stay in control and they need the voters to think change is coming down the road as long as they stay in charge."
The Democratic Party of Oregon official statement in the 2020 Voters' Pamphlet indicated that the party supported a yes vote on Measure 110.
Representative Dan Rayfield (D-Corvallis) has filled to run for the open Attorney General seat. Scharf points out that the last thing he needs going into the 2024 campaign is a Democrat policy that failed under his watch, a weak solution that failed to listen to voters across the state.
"Instead of facilitating a committee to make the Democrats look like they care about bi-partisan legislation and that they are listening to the majority or Oregonians, Republicans should be demanding a complete repeal," says Representative Scharf. "Re-installation of the criminalization of drug possession and a commitment to a comprehensive rehabilitation plan that includes mandatory drug treatment, long-term support and funding accountability by all CBOs that receive money to help treat drug addiction. Now is not the time to continue down the road of Measure 110 or wait for it to get better. November 2024 is the time to change the course of Oregon completely and eliminate the one-party control that got Oregon into this addiction crisis."
Representative Anna Scharf is a Republican representing Oregon's House District 23, which is comprised of most of Polk and parts of Yamhill Counties, including the communities of Dallas, Dayton, Dundee, Falls City and Newberg.
“It’s not extreme or bigoted to hold students to high standards”
After pulling the item off last month’s meeting agenda following backlash from parents, the Oregon State Board of Education, chaired by Guadalupe Martinez Zapata, has again proposed suspending graduation standards for the next four years of high school seniors.
“Our students deserve rigorous standards to ensure they are well-prepared for the challenges of the real world -- to allow them to achieve their hopes and dreams for a bright future,” former Oregon Republican gubernatorial nominee Christine Drazan said. “I am calling on the Board of Education to indefinitely table this proposal and work to identify how they plan to improve educational outcomes for Oregon students.”
“I found Board Chair Martinez Zapata’s comments last month extremely offensive to parents who want to ensure a high-quality education for their kids. Her dismissive tone and condescending attitude toward those who disagree with her were beyond the pale. That same approach is again on full display by resurrecting this proposal. It’s not extreme or bigoted to believe that Oregon’s education system should hold students to high standards and give them the support they need to achieve them.”
While Oregon graduation rates slowly climb, there is a corresponding decline in achievement.
The Legislature suspended the Essential Learning assessments in 2021 with no signs of better results for students. The proposal on tomorrow’s agenda would suspend the assessments through the 2027-2028 school year. According to the Oregon Department of Education Website, the assessment of the Essential Skills is suspended as a requirement for receiving a high school diploma during the 2021-22, 2022-23, and 2023-24 school years
Since running for Governor in 2022, Christine Drazan has founded A New Direction – a 501(c)4 non-profit organization, described as "dedicated to connecting Oregonians with each other to advance policies and ideas that make Oregon a safer, more affordable place to live and raise a family, strengthen checks and balances."
“Oregon was 49th in the nation for access to treatment and now Oregon is 50th”
Senator David Brock Smith (R-Port Orford) has joined Representative E. Werner Reschke in calling for a Special Legislative Session to protect the residents of our communities and give our public safety officers the tools they need to do so by repealing Measure 110.
“Measure 110 has failed Oregonians and the overwhelming majority want change,” said Senator Brock Smith. “The decriminalization of drug possession, the lack of incarceration and required treatment has caused a dramatic increase in drug use and addiction, increased homelessness, open drug use in our communities, and increases in overall property and other crimes. Measure 110 has ultimately compromised the safety of our residents by reducing the deterrent effect of law enforcement, taking away their ability for arrest.”
A recent poll found that 64% of Oregonians think parts of Measure 110 should be repealed.
Oregon was the first state in the nation to decriminalize possession of certain drugs through Measure 110, and the majority shifted funds away from public safety, schools, cities, and counties to the Oregon Health Authority for its dismal implementation. CDC data clearly shows that drug overdoses from drugs like heroin and fentanyl have tripled in Oregon. Additionally, more than three fifths of those ticketed never paid their fine. Despite over 5,000 receiving a ticket, fewer than 120 called the treatment referral hotline.
“Not only has Measure 110’s policies failed Oregonians, OHA’s implementation has done so as well. Prior to the passage of Measure 110, Oregon was 49th in the nation for access to treatment and now Oregon is 50th. After sitting through the Joint Interim Committee on Addiction and Community Safety Response yesterday, I was shocked at some of the figures presented and answers given by OHA personnel. Their presentation only showed data through 2021, however CDC data is readily available through October 1st, 2023. I’m disappointed with the perception by the department to not present the most recent data available to the public, as it shows the dramatic increase in drug overdose deaths since the passage of Measure 110.
In the summer of 2021, the Oregon Legislature passed SB 755 which established Behavioral Health Resource Networks. A BHRN is an entity or group of entities working together to provide comprehensive, community-based services and supports to people with substance use disorders or harmful substance use. SB 755 allocated $265 million in grants to BHRNs
“Measure 110 is a failure. More lives are lost every day. Our law enforcement officers are put at greater risk and without the necessary tools to protect our citizens and their communities. I appreciate and thank the Douglas, Coos, and Curry County Commissioners for recently passing resolutions requesting the Governor and/or Oregon Legislature to repeal Measure 110. I also appreciate the support of our County Sheriffs and District Attorneys on these county resolution requests.
Much-needed road reconstruction projects will extend into 2024
The Willamette National Forest will begin much-needed road reconstruction projects this month to remove hazards and repair portions of the transit system damaged in recent years by wildfires. The multi-phase emergency response project in the Detroit Ranger District will extend into 2024 and will repair sections of Forest Service Road (FR) 46, French Creek Road (FR 2223) and Whitewater Road (FR 2243), among others.
The 2020 Beachie Creek and Lionshead fires burned approximately 40% of the Detroit Ranger District and left nearly 200 miles of fire-damaged roads in need of major repairs. The first phase of the disaster-recovery project will include road work along 36 miles of the Detroit Ranger District transit system. FR 46, part of the West Cascades National Scenic Byway, will have periodic delays later this fall. The Forest Service will provide public notice of any delay or closure on FR 46 two weeks in advance. The French Creek and Whitewater repair projects will be in an existing closure area.
Disaster response crews and heavy equipment operators will work to reduce the risks of hazardous fuels, as well as overhead and up-slope hazards that have fallen across roadways or remain standing along important travel routes. The extensive roads project will include risk-mitigation of fire-damaged trees, roadside fuel reduction, and essential maintenance and road reconstruction so that access to and through the fire-burned areas can be safely restored.
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Forest Service crews also continue to mitigate safety hazards at fire-impacted recreational sites and trails as the Detroit Ranger District brings in advanced tree fallers from other Forest Service units to help remove dead and damaged trees in recreational areas.
“We understand that people are eager to visit their favorite places,” said Detroit District Ranger Michelle King. “These major improvement projects will help us provide workers and visitors with safe access to our forest roads and recreation sites into the future.”
Areas that will remain closed this year include McCoy Road (FR 2233), Boulder Road (FR 2231), South Breitenbush Road (FR 4685), and Opal Creek (FR 2209 and FR 2207).
Visitors are encouraged to Know Before You Go and exercise caution on nearby roadways that may have heavy truck and equipment traffic. To check the status of a location before entering the Forest, please visit the Willamette National Forest - Alerts & Notices.
While Oregon graduation rates slowly climb, there is a corresponding decline in achievement.
