December 23, 2003

 

Norma Buckno

Compliance Specialist

Elections Division

141 State Capitol

Salem, OR 97310-0722

 

Re: Election Law Violation

                                                             

Dear Ms. Buckno:

 

Pursuant to ORS 260.345, we respectfully request that you investigate and impose civil penalties upon the David Douglas School District, Lincoln Park Elementary School, the Oregon Education Association, the National Education Association, and/or any of their agents or employees for violating ORS 260.432 and ORS 294.100(2).

 

On December 17, 2003, Katherine Burns’ (see enclosed statement and exhibits) third-grade daughter was given a flyer for her Wednesday take-home folder during working hours from a David Douglas School District public employee promoting and advocating a “Yes” vote on Measure 30.  This flyer violates ORS 260.432 as the information is not fairly presented and advocates that the voter vote in a particular way in the February 3, 2004 election.

 

The flyer was created by the Oregon Education Association/National Education Association so that its members would disseminate the information to school children and their parents.  We believe that public funds and resources were expended to copy and disseminate this flyer to school children and their parents in direct violation of ORS 294.100(2).

 

Since the election will occur February 3, 2004, we respectfully request that you give this complaint immediate attention and top priority.  Otherwise, we will take further action to protect the legal rights of our campaign.

 

Sincerely,

 

R. Russell Walker                                             Angela Wilhelms

Treasurer                                                          Campaign Manager

Taxpayer Defense Fund                                    Taxpayer Defense Fund