Russell’s review not judgment of petition merits
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Editor,
The March 26, 2014 edition of the Valley Journal contained a letter from Sheila Vallejo concerning the recall petitions filed against Mission Irrigation District Board Members Jerry Johnson and Paul Wadsworth. In her letter Ms. Vallejo stated that, “The recall petitions were investigated and approved by Lake County Attorney Mark Russell. Attorney Russell found that these illegal violations had occurred, making the first line in their (Mr. Johnson’s and Mr. Wadsworth’s) rebuttal statements untrue.” Ms. Vallejo’s understanding and characterization of Deputy County Attorney Russell’s involvement is mistaken.
Recall petitions are governed by Title 2, Chapter 16, Part 6 of the Montana Code Annotated. There are specific statutory requirements relating to the form, content and timing of recall petitions, all of which must be met before those petitions can be put on the ballot. As is common when these issues arise, Lake County Elections Clerk Kathy Newgaard requested that the Lake County Attorney’s Office review the petitions and the responses filed by Mr. Johnson and Mr. Wadsworth. Mr. Russell’s review was limited to the issue of whether the statutory requirements had been met. It was not, and was not intended to be, a judgment on the merits of either the petitions or the responses. That judgment is left solely to the discretion of the district voters.
If you have any questions about this matter please contact either Mr. Russell or me, Lake County Attorney Mitch Young, at 883-7245.
Mitch Young
Polson
