Notice of improper action sent to governor
Three of Bonner County Republican Central Committee’s 30 committeemen sent a notice of improper action to the governor's office Wednesday, Nov. 19.
In the letter emailed to the governor's office, Tom Bokowy, Andy Kee and Tanner Linton said the Nov. 19 BCRCC special meeting to choose nominees to fill Commissioner Steven Bradshaw’s seat did not follow due process.
“Debate was restricted to one comment per precinct captain, and no formal vote was taken to determine whether the committee should proceed with nominating replacements,” the three committeemen wrote. “Despite this, Chairman (Scott) Herndon unilaterally declared the position vacant and forwarded nominations to your office without consensus. This overreach undermines the integrity of the process and invalidates the nominations submitted.”
BCRCC Chair Scott Herndon said the rules that govern the commission are clear that in the event of a vacancy, the chair has a duty to call a special meeting, and the chair is solely responsible for the limited agenda of that meeting. Herndon said Idaho Code does not empower the commission to put on a trial, to gather and present evidence on whether or not the seat is vacant.
“Unfortunately, in the case of county commissioners, there is no authority designated in Idaho Code to declare the position vacant by reason of changing one's residency out of the district, county or state,” Herndon wrote in a letter to the governor presenting him the list of three nominees to fill the District 1 seat.
Still, he said he felt that Idaho Code was clear that Bradshaw had ceased to be a resident of Idaho and as such had vacated his District 1 seat.
“This, for me, is a common sense question,” Herndon said on a Nov. 22 phone call with the Daily Bee. “Nowhere in Bonner County will you find Steve Bradshaw’s physical body ... You know why? Because he is in Yantis, Texas.”
Herndon said he bases this assertion on testimony from county officials alleging that Bradshaw told them he was in the process of moving to Texas at the beginning of November and a deed to a property that Bradshaw bought in Texas.
Idaho Code 59-901 specifies that an elective civil office shall be vacant upon, “the incumbent ceasing to be a resident of the state, district or county in which the duties of his office are to be exercised, or for which he may have been elected.”
Idaho Code 34-107 defines “residence” for voting purposes as, “the principal or primary home or place of abode of a person” and stipulates that, “if a qualified elector moves to another state, or to any of the other territories, with the intention of making it his permanent home, he shall be considered to have lost his residence.”
The key word there is “intention.” Bokowy said the only person that could determine Bradshaw’s intention is Bradshaw himself, at the Nov. 19 special meeting.
“Saying ‘Oh, we now know that somebody intends to move,’ sure seems to be more of an opinion than a fact,” Bokowy said.
Herndon disagreed with Bokowy’s statement on a phone call with the Daily Bee, and said it was not hard to know Bradshaw’s intentions.
“It’s not rocket science,” Herndon said. “The guy told me he was leaving, that he was moving.”
“If he were honorable — but I know he is not because of his response in the Reader full of profanity,” Herndon said. “But if he were honorable, he would admit that he is no longer a resident of Bonner County.”
Herndon did, however, write in his email to the governor that he had been informed by the Bonner County Prosecutor’s Office that “even if it were possible to somehow prove where Steve resides, we (the prosecutor’s office) couldn’t do it before he was out of office anyway.” Bradshaw’s term ends in January 2025.
Despite this, Herndon wrote in his email to the governor that he felt it was his duty as chair to act.
“It would be a lot easier for the chair and this committee if we could ride along until the expiration of the term and ignore the rule of law and ignore Idaho GOP rules.” Herndon said at the Nov. 19 special meeting. “But we are Republicans, and we respect the rule of law.”
Bradshaw told the Daily Bee in an email that this was simply, “Scott being Scott.”
“He can do whatever he chooses,” Bradshaw wrote. “However, I have not resigned, nor do I intend to. I am still a Bonner County resident and will be until after the end of January or early February.”
Bradshaw allegedly told BCRCC Vice Chair Mat Macdonald on Nov. 18 that he was in Texas at the time, but that he has a lease in Bonner County that does not end until January 2025.
In the notice of improper action sent to the governor’s office, the BCRCC committeemen asked that the governor pay close attention to the matter because they felt the actions of the BCRCC exceeded the authority granted to the chairman and disregarded Bradshaw’s lawful right to contest the vacancy claim.
Office of Gov. Brad Little Press Secretary Joan Varsek told the Daily Bee in an email that, “The Governor’s Office has not been notified by the Bonner County Commission of any vacancies on its commission.”
“We are seeking confirmation from the commission on whether a vacancy exists,” Varsek wrote. “Once that confirmation is received, the Governor’s Office will then determine the appropriate next steps.”
Herndon