State: LPOSD levy open to challenge

SANDPOINT — State officials have advised Bonner County that requirements have been met to certify the Lake Pend Oreille School District’s permanent levy despite omitted ballot language.

The ballot question put before voters in the Nov. 5 election neglected to specifically point out that passage of the levy would cost taxpayers approximately $214 per every $100,000 of taxable property value. The omission prompted the county to seek opinions from the Idaho State Tax Commission and the Idaho Secretary of State.

The tax commission confined its review to knowing that the funds to be raised and that the levy passed with the requisite percentage in favor.

“As both of those requirements appear to have been met, we would approve the levy next year if certified to you by the district and approved by the county,” Alan Dornfest of the tax commission said.

However, Dornfest said the state would base its decision on the final outcome of litigation if a legal challenge emerged over the omitted language.

Secretary of State Lawrence Denney said neither his office or that of Bonner County Clerk Michael Rosedale has the authority to overturn the results of any election, but agreed that the absence of statutorily required language would be grounds for contesting the school district election in court.

Denney added that the responsibility for the ballot language falls on the political subdivision and urged Rosedale to proceed with canvassing the election.

“After the canvas, the opponents to the passage have 40 days to file a contest, and a court will decide if the lack of required language will void the election,” Denney said.

Rosedale advised county commissioners the canvass took place on Nov. 15 and only property owners had standing to file a legal challenge.

“You as commissioners do not have standing, nor do I as county clerk,” Rosedale said in Nov. 26 letter to the board.

Rosedale concluded the letter by pointing out that the school district could always run the election again in March or May with the same effective date.

Keith Kinnaird can be reached by email at kkinnaird@bonnercountydailybee.com and follow him on Twitter @KeithDailyBee.