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Despite denials, records show Oregon Republican Party trying to keep Libertarians off the ballot

FILE: Election worker Kristen Mun from Portland empties ballots from a ballot box at the Multnomah County Elections Division Tuesday, Nov. 3, 3030 in Portland, Ore.
Paula Bronstein
/
AP
FILE: Election worker Kristen Mun from Portland empties ballots from a ballot box at the Multnomah County Elections Division Tuesday, Nov. 3, 3030 in Portland, Ore.

The Oregon Republican Party鈥檚 attorney urged the Secretary of State to target Libertarian ballot access.

The Oregon Republican Party鈥檚 attorney urged the Oregon Secretary of State鈥檚 Office to block Libertarian candidates from appearing on the November ballot as GOP leaders publicly denied any reports of schemes against the minor party.

As the Capital Chronicle July 12, the Libertarian Party of Oregon feared that Republicans were planning to crash their nominating convention or take advantage of a long-running internal dispute over the legitimacy of the party鈥檚 bylaws to block Libertarian nominees from appearing on the ballot in competitive races.

Republicans, including a party spokeswoman and a longtime party operative who manages GOP congressional candidate Monique DeSpain鈥檚 campaign against incumbent U.S. Rep. Val Hoyle, denied any involvement July 12. But on the same day, the Oregon Republican Party鈥檚 general counsel sent a letter to the Secretary of State鈥檚 Office asking it to reject any candidates nominated at the Libertarian Party鈥檚 convention that weekend.

鈥淲e hereby request that the Secretary of State Elections Division reject any certificate of nominations coming from the Libertarian Party of Oregon that derive from the illegal and improper organizational documents,鈥 the letter said.

Ben Morris, chief of staff to Secretary of State LaVonne Griffin-Valade, said the office isn鈥檛 treating the letter as a complaint to investigate but as a request. The state鈥檚 filing officer is aware of the request, Morris said.

鈥淲hen we get a candidate from the Libertarian Party, the filing officer will make a decision about whether or not to accept it,鈥 he said. 鈥淲e don鈥檛 typically comment outside of that formal process.鈥

Minor party candidates have until late August to file for election, and no Libertarian candidates have turned in paperwork yet.

The issue Smith cited dates to 2011, when two factions of the Libertarian party elected different officers under different rules. The prevailing faction approved a new party constitution and bylaws, doing away with a requirement that members pay dues in order to vote, while the other faction maintained that those documents and every subsequent iteration of party bylaws since are invalid. Few members of the other faction are still involved with the party.

After a five-year court battle, the Oregon Court of Appeals in 2018 affirmed a lower court鈥檚 decision that courts don鈥檛 have jurisdiction over the internal party dispute. In 2020, longshot Republican candidate for U.S. Senate Jo Rae Perkins sued to block her Libertarian opponent from appearing on the ballot, but she lost that lawsuit because of the earlier Court of Appeals decision.

This time around, Republicans have turned to state election officers in an attempt to keep Libertarian candidates from earning votes they believe would otherwise go to Republicans. Libertarians make up less than 1% of the state鈥檚 more than 3 million registered voters and their candidates don鈥檛 win elections, but the 19,800 registered Libertarians and other voters who opt for their candidates have long frustrated Republicans.

Potentially pivotal districts

Libertarians have nominated candidates in the 4th and 5th congressional districts, two of the most competitive in the country. Republican U.S. Rep. Lori Chavez-DeRemer won a two-way race in the 5th District by just 7,299 votes in 2022, and minor party candidates could receive support from voters who otherwise would have to choose between Chavez-DeRemer and her Democratic opponent, Janelle Bynum.

Matt Rowe, chairman of the Libertarian Party of Oregon, said the letter represents a belief among Republicans that their candidates are entitled to Libertarian votes.

鈥淒riven by the arrogant belief that Republican nominees are entitled to certain votes and the desperation for political power at any price, this challenge has clearly been brought forward to prevent LPO candidates from competing against GOP nominees in close election contests this November,鈥 Rowe said. 鈥淭he two races where Republicans particularly fear our candidates are in the the 4th and 5th Congressional districts, where warmongering and pro-genocide Republicans Monique DeSpain and congresswoman Lori Chavez-DeRemer hope to steal election victories for themselves by benefiting from the very kind of 鈥榣awfare鈥 they so often howl about when utilized against their Orange Messiah.鈥

The Oregon Republican Party鈥檚 communications director, LaJuana Decker, flatly denied Rowe鈥檚 concerns earlier in July. Shortly after midnight on July 13, hours after the party鈥檚 general counsel had sent its letter, Decker denied that the Republican Party was involved in any attempts to target Libertarian nominees.

鈥淣o one in ORP party leadership has any knowledge of a scheme to nominate straw man candidates at the Libertarian Party convention nor to interfere in their internal party disputes,鈥 she said. 鈥淲e are focused on the Republican Convention opening Monday in Milwaukee and our large delegation gathering there.鈥

Tyler Smith, the attorney who sent the letter on behalf of the party, claimed he couldn鈥檛 hear questions when reached by phone. He didn鈥檛 respond to questions sent by email, but instead Decker emailed a three-sentence statement on behalf of the party.

鈥淭he Libertarian Party appears to have violated Oregon鈥檚 state election laws,鈥 she wrote. 鈥淚t is in the best interest of all Oregon voters that our state鈥檚 election laws are followed. The Oregon GOP will not be commenting further at this time on this pending matter.鈥

Decker declined to answer followup questions and re-sent the same three-sentence statement.

For his part, Rowe said he hopes that the secretary of state鈥檚 office dismisses the Republican claims.

鈥淚 would hope the Secretary of State doesn鈥檛 go against their rulings for 12 years, the Oregon Court of Appeals, the Marion County Circuit Court and just the basic pretense that parties should be able to work out their problems themselves,鈥 he said.

The  is a professional, nonprofit news organization. We are an affiliate of , a national 501(c)(3) nonprofit supported by grants and a coalition of donors and readers. The Capital Chronicle retains full editorial independence, meaning decisions about news and coverage are made by Oregonians for Oregonians.

Julia Shumway has reported on government and politics in Iowa and Nebraska, spent time at the Bend Bulletin and was a legislative reporter for the Arizona Capitol Times in Phoenix. Julia is an award-winning journalist who reported on the tangled efforts to audit the 2020 presidential election results in Arizona.