ACLU Files Challenge to Removal of Elections Worker
July 2010 — The ACLU of Oregon filed suit in U.S. District Court on behalf of a part-time Grant County elections worker who was told she would not be called in to work processing ballots in a recall election because she had signed a petition that led to the election.
We maintain that the county clerk’s action violated our client’s free speech rights under the First Amendment and the Oregon Bill of Rights. Virginia Lenz had served on the Grant County elections counting board since 2004. She had excellent performance, and there were no complaints related to her credibility or trustworthiness. In 2008 and 2009 controversy swirled around a public works project in Grant County.
As a result of the controversy, a recall petition was circulated seeking the ouster of County Judge and Chair of the Grant County Commission Mark R. Webb. Ms. Lenz signed the petition. The supporters of the recall were able to gather enough signatures to put the proposed recall of County Judge Webb on the ballot for the election of Nov. 4, 2009.
County Judge Webb then complained to the county clerk, Ms. Kathy McKinnon, about Ms. Lenz’s participation on the elections counting board because Ms. Lenz had signed the recall petition. After consultation with the secretary of state, Ms. McKinnon precluded Ms. Lenz from serving on the Nov. 4, 2009, elections counting board.
We maintain that Ms. Lenz’s signature on the recall petition was protected speech on a political question on a matter of public concern and she should not have been punished for it. Oregon law assumes that all election workers involved in counting ballots are politically active, because it prohibits counting workers from all being members of the same political party. That law also prohibits workers who are family members of candidates, but those are the only two restrictions.
The ACLU has long maintained that government officials are prohibited by the Constitution from using their authority to punish public employees who speak out on important matters of public concern solely because of disagreements over the issues. In this case, we will argue that the county clerk’s action should be overturned and our client should be awarded damages and attorney fees.
Charles F. Hinkle, Stoel Rives LLP, and David Silverman are the ACLU of Oregon cooperating attorneys for this case.