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The Daily Interlake
Kalispell, Montana

Local

Lawsuit filed to force recall

By Morgan Winsor
The Daily Inter Lake


A Kalispell man who lost his bid to recall several Flathead County officials has filed an appeal in district court requesting that his petitions be approved.

On Friday, 22-year-old Joshua Blake filed lawsuits against county Elections Supervisor Dianne Murer, Clerk and Recorder Paula Robinson, Clerk of Flathead Valley Community College Caroline Shriver and state Attorney General Mike McGrath.

The lawsuits ask Judge Kitty Curtis to require Murer, Robinson and Shriver to approve 12 petitions filed by Blake on Oct. 31 to recall Flathead County commissioners, two county attorneys and seven members of the community college's board of trustees.

In addition, Blake wants Curtis to order McGrath to prosecute "those individuals" who Blake accuses of violating election law or to appoint a special prosecutor or convene a grand jury to look into the matter.

Blake argues that the Supreme Court has ruled that "legal sufficiency of allegations in a recall petition is a judicial question as opposed to a political question and is to be decided by the district court."

On Nov. 7, Murer, Robinson and Shriver Ñ as the elections officers for their jurisdictions Ñ rejected the petitions submitted by Blake to recall elected officials and remove trustees. Their decision was based in part on the recommendation of local attorney Todd Hammer, who ruled that Blake's allegations were inadequate and advised that the petitions be rejected.

There may be some question whether Blake's request to the court is timely.

According to a clause under section 2-16-615 of Montana Code Annotated, which deals with the recall process, "Any aggrieved party may file an appeal within 10 days after any adverse order or decision as provided by law."

Blake said that clause does not apply to his case.

In the past four months, Blake, who works for a local fire protection company, has filed petitions at three different times to recall various officials. Each time the petitions were rejected.

In the petitions, Blake accused commissioners of official misconduct by failure to remove the trustees of Flathead Valley Community College after a voter ballot mailing glitch at the county's election office.

Petitions were submitted to remove college trustees Kathleen Young, Mark Holston, John Engebretson, Robert Nystuen, Jeanne Tallman, Alison Young and Thomas Harding.

In the petition, Blake claims the trustees neglected their duty or knowingly and fraudulently acted in violation of provisions of the election laws.

Blake also accused County Commissioner Gary Hall of purchasing a county vehicle without authorization and pointed fingers at County Attorney Ed Corrigan and Deputy Attorney Jonathan Smith for not taking disciplinary action against Hall.

To avoid conflict of interest, the first two sets of petitions were forwarded to Lincoln County Attorney Bernie Cassidy, who recommended that the petitions be rejected.

Because Cassidy was unavailable, the third set of filings went to Hammer, who also decided the election law violations charges were insufficient in that they gave only speculative reference to civil lawsuits and petitions.

"I was unaware of this (lawsuit), and I guess if it's in the courts we'll see what happens," Murer said.

"I've faxed a copy to our attorney," Shriver said. "I need time to read this over before I can make a comment."

Blake said this will be his last attempt at bringing a recall before voters.

"I just want them to approve (the petitions) for circulation and let the voters decide," Blake said. "If it flies or dies, after that I'll go away."

Reporter Morgan Winsor may be reached at 758-4421 or by e-mail at mwinsor@dailyinterlake.com

   12/09/2003 Tuesday