Wheels are turning in Brannon case

COEUR d'ALENE - It's not the city of Coeur d'Alene's responsibility, but at least the litigation wheels behind the contested election are moving.First District Judge Charles Hosack denied plaintiff Jim Brannon's motion to compel the city to turn over ballots, envelopes and other documents from the Nov. 3 city election, but did favor hurrying things along.

Hosack told Brannon's attorney, Starr Kelso, to make the request after the weekend with the documents' legal guardian, Kootenai County - not with the city. He also ordered the county to let Kelso know by next Friday if it plans to object to the request."At least you got a schedule," Hosack told Kelso Friday at the end of the hearing. "Hopefully, at least the wheels are going."

That could put the documents in the plaintiff's hands by Feb. 23, plenty of time for Kelso to review them before the deposition interviews March 10-12.The deposition interviews will record county testimony as related to the case. The county could have denied the request closer to then, which would have slowed the process down.

"Now we've got the progress we need to go see those documents we need and get on with it," Kelso said. The request is for 49 documents including, but not limited to, ballots, envelopes, absentee ballot applications, voter registration cards and e-mails letters, memos or documentation from the city on the election.

Brannon, seat 2 City Council challenger who lost his race by five votes, is challenging the city's general election on grounds, among others, that inadmissible ballots were counted. Kelso "has a clear direction," said attorney Mike Haman, representing the city, on the timeline Hosack set out. "He also has a clear direction that the city does not have control of (the ballots)."

Those ballots are being guarded by the county. The city contracted Kootenai County to run its general election, and the county even notified the court in writing it wouldn't even listen to the city, should the judge order the city to hand over the documents, according to case files.Only a judge can directly order the county, those documents said.

City Attorney Mike Gridley said he didn't object to Kelso reviewing any of the documents, but that the city was simply powerless to turn them over."The city does not have control," Haman said during the hearing. "Therefor it cannot respond.

Hosack, sitting in for 1st District Judge Benjamin Simpson, agreed, asking Kelso at one point: "Aren't you skipping a step by coming to the court here?"But he did favor moving things along, and told Kelso to take the request to the county, with the expedited dates attached.

The county could deny the request by Friday, at which time another hearing would have to be scheduled, but Kelso said he would expect a quickly scheduled hearing given Friday's events.Kelso also said he was pleased with the outcome of the whole hearing, not only with the quicker timeline, but with the city going on record as saying it did not have control over the election as well, which he said is important to his case.

"We wanted them to tell the world they do not have control or custody of their own election documents," he said. "That has occurred."