Opinion: Secretary of State decisions guided by law, not bias - OregonLive
Shemia Fagan
Fagan is Oregon’s secretary of state.
On January 4, 2021, I was sworn in as secretary of state. Two days later, a group of violent insurrectionists stormed the U.S. Capitol and attempted to stop the certification of the 2020 election. Seven people died in connection with the events of that day.
The stakes for our democracy became abundantly clear on Jan. 6. Public trust in elections is eroding, and it is the duty of every election official to protect our democracy. That’s why I emphasize fairness and consistency when I make important decisions as your secretary of state.
As Oregon’s chief elections official, I have been at the center of two recent high-profile decisions: disqualifying Nicholas Kristof from running for governor and rejecting three campaign finance petitions. The first decision concerned a well-known, well-funded candidate for Oregon’s highest office; the second involved campaign finance reform, a change that Oregonians — myself included — widely support. I knew the decisions would be scrutinized and in order to protect public trust in elections, my decisions had to be unimpeachable.
In Mr. Kristof’s case, it was clear that until late 2020 he primarily lived in New York, where he voted, sent his kids to school and maintained a driver’s license. A 20-year veteran of the Elections Division decided that these objective facts disqualified him from meeting the Oregon Constitution’s three-year residency requirement. She applied the same standard that she and local elections officials use hundreds of times each year to determine whether candidates are qualified. I agreed with and supported her decision.
In the campaign finance case, the issue was in the details. Oregon’s constitution requires ballot measures to include the full text of the proposed law. The Oregon Court of Appeals defined “full text” in a 2004 case called Kerr v Bradbury, and using that standard, I rejected the measures exactly like I had done five months earlier when an unrelated measure with a full-text violation came across my desk.
The Oregon Supreme Court unanimously supported the Elections Divisions’ decision in the Kristof case. The court may rule on the campaign finance case as well, and it may overturn my decision if the justices determine that current legal precedent under Kerr should change. But regardless of how the court rules, I have applied the law fairly and consistently and will continue to do so with any changes the court provides. That matters.
Oregonians deserve a secretary who treats everyone fairly and applies the law consistently. I’ve applied the residency requirement the same way to every candidate. I’ve applied the full text requirement the same way to every ballot measure. While doing so I’ve been criticized by both Republicans and Democrats, and I’ve been sued by moderates and progressive labor unions who I count among my supporters. This is all part of a healthy democracy.
By treating everyone fairly and applying the law consistently, I am demonstrating to the people of Oregon that our elections are governed by the law and decided by voters, not politicians.
In both recent decisions I have strived to maintain fair, objective standards that elections officials can repeat consistently. This matters. In Oregon and across the country, subjectivity in election law has an ugly history of preventing people of color, women, immigrants and other historically marginalized people from full participation in our democracy. My administration is doing its part to bring fairness and consistency to these decisions so they are not impacted by implicit or explicit bias.
I can’t promise that everyone will like every decision I make as Oregon’s secretary of state. But I can promise that I will always strive to be fair and consistent.
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source: https://www.oregonlive.com/opinion/2022/03/opinion-secretary-of-state-decisions-guided-by-law-not-bias.html
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