Snafu snags a candidate

SPIRIT LAKE — A Spirit Lake Fire District Board candidate believes the district is using a filing error he made against him.

Jonathan Hall, who is challenging Mark Miller for Sub-District 2 seat Nov. 7, said he'll continue to campaign amid questions if his candidacy is valid due to securing two additional signatures on his petition after it had already been notarized.

Hall said he'd rather face consequences of the violation — if one is determined — than follow the guidance of district officials and stop campaigning. The snafu comes after the ballots had already been printed and early voting has started.

"If I stop campaigning it will all go away," said Hall, referring to the guidance he said he received from the district. "They are exerting tremendous pressure to get me to give up... It stinks of corruption and I can't tolerate that. It appears they are picking sides. If there's a problem with the paperwork, then let's push forward with it."

Hall, a volunteer with the fire department, calls his paperwork hiccup an honest mistake. He notes that the two additional signatures gathered were on the same day the petition was notarized. He said he gathered those signatures because the residents had indicated they wanted to sign it.

He believed he already had enough signatures when the two residents signed — he had six and five were needed. However, in hindsight he said it was a good thing he gathered them because two of the petitioners were eliminated, leaving him with six signatures from qualified local electors.

Hall said the signatures were obtained on his way to having Bonner County validate them and others on the form.

Hall said he turned the form in to the district office that day, but since no one was there he couldn't verify that the paperwork was sufficient. He also said he turned the form in days before the deadline, so he could easily have had the two additional signatures notarized had he known there was an issue or the district contacted him about it.

Instead, the district didn't notify him of the paperwork snafu until about a week ago, after the ballots had already been printed.

Hall provided The Press an audio recording of a meeting he had with Chief John DeBernardi and clerk Tammy May on the paperwork error.

In the recording, Hall said he struggled with what to do about the election because his name was already on the ballot.

May told Hall it's likely too late to disqualify himself as a candidate, so the next best thing may be to stop campaigning. Both May and DeBernardi told Hall that altering documents as he did is committing fraud. They also encouraged Hall to speak with the board about it.

DeBernardi told Hall he should've come to the district office to talk about running and do his "due diligence" to get some information before filing as a candidate.

"When you're thinking about moving to a position like this, you've got to do your homework because you represent 3,000 people in 56,000 square miles," DeBernardi said.

DeBernardi told Hall, at this point, the best thing to do is "stand down."

"They still have to run an election," he said. "It doesn't have to be brought to light (to the public)."

However, the chief also said that the county should be informed about the paperwork snafu.

"We can't keep that information from the process," he said. "They have to know about it."

During the meeting, Hall said he was "soul searching" on how to proceed.

He later told The Press he believes moving forward with his campaign is morally the right thing to do for his supporters, especially if it hasn't been determined if his paperwork error is a crime. Further, he believes all of the information on the filing fits with the overall spirit of the document to become a candidate.

"It's not like I forged signatures," he said. "I think it's evident that I didn't have any criminal intention in the process of the paperwork."

May referred The Press to contact DeBernardi.

When asked if the district considers Hall to be a valid candidate, DeBernardi said the board would have to decide that.

"That will be something that needs checked into," he said.

In response to the audio recording, the chief denied Hall's belief that the district was trying to use his paperwork error for political gain in the election.

"It's too late for him to withdraw (in the race), and I didn't try to influence him in any way," DeBernardi said. "I did indicate to him that he needed to talk to the board members. I don't get into political positioning. That's what elections are for."

DeBernardi said he didn't know the reason for the month-long delay after the error was discovered.

Carrie Phillips, the county elections supervisor, said it's up to the fire district to make the final call on whether Hall's candidacy is valid.

"If the district determines it shouldn't have been accepted, then that's on the district," she said. "They didn't bring this up until last week, and it should've been dealt with at the time he filed."

Phillips said that, while voting is underway, the filing snafu could be contested after the election and a new election could even be held.

"It's unfortunate that it has come down to this," she said. "I would hope they consult with an attorney."

However, both Phillips and Tim Hurst, chief deputy for the Idaho Secretary of State Office, said based on their review of the matter, it appears Hall is a valid candidate.

"We both agree that it would be up to the fire district to make that (final) determination since the candidacy forms are filed with the clerk of the district and not the county," Phillips said.

If a complaint is filed, the county Prosecutor's Office would make a determination if a crime was committed.

"Unless there's something in writing that he violated the law, I don't see a need for him to stop (campaigning)," Phillips said.