The Oregonian — Editorials
Steve Duin
This election is so corrupt as to be pointless
10/23/03
When U.S. District Judge Ancer Haggerty declared that the language on
the PUD ballot measures "is inherently misleading and hinders the
conveyance of accurate information to voters," I wanted to scream, "Welcome
to Oregon politics."
Inherently misleading? Designed
to prevent accurate information from reaching the voters? That's your
average initiative campaign in a nutshell. It is
the essence of the media blitz put together by PGE and those folksy "citizens" --
the average salary of whom is what, $300,000 plus? -- who are against the "government
takeover."
No surprise there. You know where PGE is coming from. The company's livelihood
and Enron bonuses are at stake. You expect the utility to toe the line
between disingenuous and dishonest as it incites property-tax hysteria.
But the voters -- denied accurate information and battered by bald-faced
exaggerations -- have reason to expect more from Multnomah County and the
courts.
Instead, they have ballot language that overstates the tax implications
of the two measures by a factor of a mere 10,000. They have the county
Elections Division, which proceeded with business as usual and mailed out
345,000 ballots knowing there were legal issues involving the language
on the suckers.
And once Haggerty stepped forward
with a remedy -- newspaper notices to counter "state-mandated language that is profoundly misleading" --
the county and state appealed his decision to the 9th Circuit, which promptly
blocked Haggerty's order.
As a result, deceptive ballots have papered the landscape, the inevitable
end of a process that has been so corrupted that the election is absolutely
meaningless. We can reasonably surmise this is precisely what county officials
intended, given that Commission Chairwoman Diane Linn and Commissioners
Lisa Naito, Maria Rojo de Steffey and Lonnie Roberts signed an argument
in the Voters' Pamphlet opposing PUD formation.
Haggerty is far too subtle in
his opinions, but they still reveal the shenanigans involved in warding
off the legal challenge to the ballot warning,
which states, "This measure may cause property taxes to increase more
than 3 percent."
In his Oct. 3 opinion, Haggerty
said "the court questions the accuracy" of
statements made by the attorneys for the anti-PUD crowd. In his Oct. 17
opinion, Haggerty takes issue with the "unusual timing" of mailing
out the ballots before that day's crucial hearing, noting that "defendants
informed the court that the mailing was not required until Tuesday, October
21."
Asked why the county didn't
wait for Haggerty's ruling, John Kauffman, director of elections, said, "We
just did what we normally do. All of us are relying on the attorneys'
advice on this. At no time were we
told to interrupt our schedule and to wait for any kind of ruling.
"I don't think voters in
the past have been confused by the language."
Kauffman, in other words, is
comfortable with the scenario described by Dan Meek, the lawyer and much
of the energy behind the PUD measures: "Right
on the ballot, within a fraction of an inch from where the voter marks
yes or no, is a statement that the federal judge has found to be patently
false and profoundly misleading. Can we have a fair election? Probably
not."
At this late date, Haggerty,
the PUD supporters and the voters have no recourse. Meek can only hope
Portland's City Council, while watching this
travesty unfold, will finally summon the resolve to confront PGE: "Only
an immediate and credible threat of eminent domain is going to preserve
the value of the assets for the local ratepayers."
To which city Commissioner Randy
Leonard replied, "Watching what
PGE and Enron is doing is helpful to us for the next step. We have a utility
that's out of control. No one should be misled into thinking that a majority
of the council isn't prepared to do what we have to do to acquire PGE from
Enron."
Not a moment -- or a deceptive ballot measure -- too soon.
Steve Duin: 503-221-8597; Steveduin@aol.com; 1320 S.W. Broadway, Portland,
OR 97201
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