Oregon's Secretary of State's Office and Attorney General's Office Say it's National Party's Responsibility

The following post is long, but definitely required reading.

Last night, during my research, I found a law in Oregon's Revised Statutes regarding the contesting of elections. I sent a question in, as I thought it might be wise to find someone from Oregon to contest the results of the 2008 Presidential election in order to see if we could bring the eligibility issue to the forefront. Here is a copy of the entire correspondence, but for those who can't wait, the key statement is that, according to the Oregon Attorney General's legal counsel, it is the NATIONAL PARTY'S responsibility to ensure that they nominate ONLY qualified candidates.

Here's each individual message:

------------
According to the Oregon Revised Statutes: The nomination or election of any person... may be contested by anyelector entitled to vote for the person...

I am considering contesting the Presidential election, as it is altogether unclear whether or not John McCain or Barack Obama meet the Constitutional requirements for holding that office. My question is this: am I allowed to question the President's qualifications and contest that election?

Please respond immediately, as I will have to file my contest petition before Friday evening. Thank you for your time, and I wish you the best during this holidayseason.

Sincerely,
Your Fellow Citizen,
Justin W. Riggs

------------
From: Norma J BUCKNO <http://us.mc448.mail.yahoo.com/mc/compose?to=Norma.J.Buckno@state.or.us>
Subject: Re: Contest of Election question
To: juriggs@yahoo.com
Cc: "Brenda J BAYES" <http://us.mc448.mail.yahoo.com/mc/compose?to=Brenda.J.Bayes@state.or.us>
Date: Thursday, December 11, 2008, 10:02 AM

Dear Mr. Riggs,

Thank you for contacting our office by email. You are correct that Oregon election law provides procedures for election contests, in ORSChapter 258. An information page on these provisions is attached and also attached is an Election Law Summary memo that contains basically the same information on this process. The complete language of these election laws is contained in the 2007-2008 Oregon Election Laws handbook as well as posted on our website, at http://www.sos.state.or.us/, choose Elections Division, then Election Laws.

This contest of election process is a filing in court and our office does not provide legal advice to a person who wishes to file such a contest, they may wish to contact private legal counsel. The result of an election can only be changed by a recount or set aside by a judge in a court of law. A contest of election is an action filed in court by an eligible person, as defined in the statute, to contest the nomination or election of any person or the decision on any measure. The deadline for a contest of election for the November 4, 2008 General Election isDecember 15, 2008 (40 days after the election date). As to a determination of whether a Presidential candidate is qualified to take office, we offer the following advice. The Secretary of State is the elections filing officer for U.S. Representative and U.S. Senator; statewide candidates, such as Secretary of State, State Treasurer and Attorney General, as well as statewide judicial, and for other state candidates for State Representative, State Senate, Circuit Court judges and District Attorney. For the Primary Election and General Electionthere is a listing of candidates on our website, www.sos.state.or.us -select Elections Division, then Candidates. For each of the candidates listed from U.S. Senator down through District Attorney, there would be in the original file a form the candidate signed and copies of the county verification paperwork that answers the voter registration and residency question for each candidate. For copies of these documents,we would need to follow our public records request process.

The office of U.S. President and Vice President are handled differently due to the Electoral College Process. A copy of an information page on the Electoral College process is enclosed for your reference. We have also enclosed copies of information pages from the 2008 State Candidate’s Manual: Major Political Party Manual that explains the two methods for candidates to be on ballot for the Primary Election.Then under Oregon law, ORS 248.315, national political party conventions are held and the party selects it’s nominees for the GeneralElection. At the General Election, Oregon electors do not vote for presidential candidates, but only for the electors who are pledged to support a party’s candidates for President and Vice President. ORS 248.355 andORS 248.360. We note that on Oregon’s presidential ballots there was a note stating: “Your vote for the candidates for United States President and Vice President shall be a vote for the electors supporting those candidates.”

We have previously reviewed with the Attorney General’s Department of Justice legal counsel the question of the Secretary of State’s role in determining the eligibility of a Presidential candidate. We have been advised that the eligibility of a presidential candidate is not a question for the Oregon Secretary of State to determine. Therefore, there is not the same verification paperwork available for these candidates in our office. In this case, these candidates are not Oregon residents and so there would be no Oregon voter registration records etc.

We hope this information is helpful for you. Thanks, Norma

Sincerely,

Norma Buckno
Compliance Specialist
Oregon Secretary of StateElections Division

------------
Ms. Buckno,

Thank you *very* much for your thorough explanation - that was exactlythe information that I needed. I do have one follow up question, if youdon't mind.

You stated that "We have previously reviewed with the Attorney General’s Department of Justice legal counsel the question of the Secretary of State’s role in determining the eligibility of a Presidential candidate. We have been advised that the eligibility of a presidential candidate is not a question for the Oregon Secretary of State to determine."

I now understand that the Oregon Secretary of State does not determine the presidential candidates' eligibility, but I was wondering if it was established during that conversation who is responsible for doing this. Did the Attorney General's Dept. of Justice make a determination or offer an opinion on this matter? Again, any documentation available would be greatly appreciated. Thank you again for your answer - I wish that everyone were half as helpful as you.

Have a wonderful holiday season, and a fantastic 2009.

Sincerely,

Justin W. Riggs

------------
Dear Mr. Riggs,

I posed your additional question to our AG legal counsel and the onlyother advice received is that the national organizations of the major political parties are responsible for ensuring that they nominate only qualified candidates for the presidency. Thanks, Norma

Sincerely,

Norma Buckno
Compliance Specialist
Oregon Secretary of StateElections Division