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County crosses Sims off ballot

by Brian Walker; Staff Writer
| May 2, 2018 1:00 AM

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This photo of a sample ballot with Republican legislative candidate Kathy Sims' name lined out was taken at the Kootenai County Elections Office in Coeur d'Alene on Tuesday during early voting for the May 15 primary. Her name is lined out per the Idaho Secretary of State's office, which has ruled Sims didn't meet a residency requirement to be a qualified candidate. However, Sims is continuing to campaign and is contesting the decision. (BRIAN WALKER/Press)

Kootenai County elections employees on Tuesday began handing out ballots to early walk-in voters with Republican legislative candidate Kathy Sims' name crossed out.

"We are complying with the ruling of the Secretary of State’s office," said Kootenai County Clerk Jim Brannon.

Brannon said the Elections Office was instructed via email on Tuesday morning to line out Sims' name because the state office doesn't believe she's fulfilled the residency requirement to be a qualified candidate for the District 3 (Post Falls) House Seat B position in the May 15 primary.

According to the Secretary of State’s office, Sims, who moved from Coeur d'Alene to Post Falls, hasn't lived in the district at least a year before the November general election. It made the decision based on a review of Sims' voter registration records.

"Any absentee ballots that have already gone out and have been returned are not to have Mary Kathleen Sims' votes counted or reported," the email from the Secretary of State's office to the Kootenai County Elections Department states. "Please keep in mind, that if a judge should intervene and Ms. Sims remains on the ballot, if you have already marked her name off, you would have to reprint all your ballots."

Becky Funk, a spokeswoman for the Sims campaign, said Sims is continuing to campaign, has retained an attorney and plans to fight to have her name restored. She said Sims' attorney plans to speak with Secretary of State Lawerence Denney about the matter on Thursday.

"She will take this to court if necessary," Funk said.

Funk said Sims believes she has fulfilled the residency requirement based on her interpretation of the law.

"She has utility bills and her affidavit of owner-occupied primary address for her homeowners' exemption to prove her residency is within the one-year residency requirement prior to the general election," Funk said in a written statement.

"Kathy and her legal counsel believe that the Idaho Secretary of State's office did not act according to the Idaho Constitution and state statue, relying solely on the opinion of the Assistant Idaho Attorney General Brian Kane."

Funk said Sims has no comment on the county Elections Office lining out Sims' name per the Secretary of State, adding that it was simply doing as it was instructed. State legislative candidates file with the Secretary of State's office; county candidates with the county elections office.

"Our argument is with the Secretary of State," Funk said.

Funk said that, regardless of who is elected, she hopes legislators will make the residency law more clear during the next session before the issue comes up again. Residency snafus involving candidates and varying circumstances have occurred statewide a total of 13 times since 2006.

Sims can appeal the Secretary of State's decision to the district court. A judge would have to issue an injunction to leave her name on the ballot, according to state officials.

Brannon said that since his office's deadline to send out absentee ballots is on Monday, it will hold off a few days on sending out more ballots to buy some time in case the decision is reversed.

"Hopefully by then something will be resolved," Brannon said.

Elections officials did not immediately have a count on Tuesday of how many voters cast ballots in that district before Sims’ name was crossed out.

Sims, who formerly served in both the House and Senate, owns Coeur d'Alene Honda.

If the elimination of Sims from the ballot stands, that would leave Tony Wisniewski of Post Falls unopposed for the GOP nomination to the House seat formerly held by Rep. Don Cheatham, R-Post Falls. Wisniewski would face Democrat Dan Hanks in the November general election.

Cheatham is running unopposed for a state Senate seat in both the primary and general elections.