by Julia Shumway, Oregon Capital Chronicle
July 29, 2024
The Oregon Republican Party’s attorney urged the Oregon Secretary of State’s 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 reported 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’s 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’s campaign against incumbent U.S. Rep. Val Hoyle, denied any involvement July 12. But the Capital Chronicle learned that on the same day, the Oregon Republican Party’s general counsel sent a letter to the Secretary of State’s Office asking it to reject any candidates nominated at the Libertarian Party’s convention that weekend.
Oregon Libertarians on the lookout for potential Republican interference
“We 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,” the letter said.
Ben Morris, chief of staff to Secretary of State LaVonne Griffin-Valade, said the office isn’t treating the letter as a complaint to investigate but as a request. The state’s filing officer is aware of the request, Morris said.
“When we get a candidate from the Libertarian Party, the filing officer will make a decision about whether or not to accept it,” he said. “We don’t typically comment outside of that formal process.”
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’s decision that courts don’t 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’s more than 3 million registered voters and their candidates don’t 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.
“Driven 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,” Rowe said. “The 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 ‘lawfare’ they so often howl about when utilized against their Orange Messiah.”
The Oregon Republican Party’s communications director, LaJuana Decker, flatly denied Rowe’s concerns earlier in July. Shortly after midnight on July 13, hours after the party’s general counsel had sent its letter, Decker denied that the Republican Party was involved in any attempts to target Libertarian nominees.
“No 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,” she said. “We are focused on the Republican Convention opening Monday in Milwaukee and our large delegation gathering there.”
Tyler Smith, the attorney who sent the letter on behalf of the party, claimed he couldn’t hear questions when reached by phone. He didn’t respond to questions sent by email, but instead Decker emailed a three-sentence statement on behalf of the party.
“The Libertarian Party appears to have violated Oregon’s state election laws,” she wrote. “It is in the best interest of all Oregon voters that our state’s election laws are followed. The Oregon GOP will not be commenting further at this time on this pending matter.”
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’s office dismisses the Republican claims.
“I would hope the Secretary of State doesn’t 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,” he said.
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Oregon Capital Chronicle is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Oregon Capital Chronicle maintains editorial independence. Contact Editor Lynne Terry for questions: [email protected]. Follow Oregon Capital Chronicle on Facebook and X.