McGee questions legality of Caldwell runoff election but will ‘abide’ by city’s decision
Former state lawmaker and Caldwell City Council candidate John McGee questioned the validity of a runoff election in the city Monday but said he has no plans to challenge the decision in court.
McGee, who resigned from the Idaho Senate in 2012 after sexual harassment accusations and a guilty plea to disturbing the peace in that case, was the top vote-getter in last Tuesday’s election for Seat 6 on the Caldwell City Council, winning 1,291 votes, or 39.2% of the vote. His opponents, Evangeline Beechler and incumbent Chuck Stadick, won 30.55% and 30.21%, respectively.
Second-place candidate Beechler formally requested a runoff election Thursday, citing Caldwell city ordinance, which states that winners must have a “majority” of the vote — implying more than 50% of the votes and not just the highest number.
After a legal review of the code, the city of Caldwell asked Canyon County to hold a runoff election on its behalf.
Although McGee announced during a Caldwell press conference Monday that he would “abide by” the city’s decision, he and his lawyer, David Leroy, questioned the legality of the city’s decision.
“The most destructive thing someone can do in a democracy is change the rules of an election after the election,” Leroy said during the Monday press conference, which was streamed live by KBOI-Channel 2. “And unfortunately, that’s exactly what Caldwell is doing.”
McGee said Leroy advised him that Caldwell’s decision could be challenged in court , but he and his wife, Hanna, had decided against it. He said he looked forward to the runoff.
“Over the past eight years I have paid my debt and I have accepted responsibility,” McGee said. “The people of Caldwell have spoken....”
McGee also accused the Idaho Democratic Party, of which Beechler is the state chair, of partisan attacks.
“The people of this community need to know that the Idaho Democratic Party has taken a nonpartisan election and made it all about attacking my past,” McGee said.
Caldwell Mayor Garret Nancolas asked the Idaho Attorney General’s Office and Secretary of State’s Office — helmed by Republicans Lawrence Wasden and Lawerence Denney, respectively — for guidance on the runoff, and they advised that Caldwell’s ordinance means “that a Caldwell City Council candidate must receive more than 50% of all votes cast in order to win the election,” according to a press release the city sent out last week. Otherwise, there must be a runoff.
McGee said Monday that if his apparent win last week was not valid because he did not receive more than 50% of the vote, then two current Caldwell City Council members were “not properly elected.”
The city of Caldwell addressed this issue in its press release announcing the runoff.
“For past races where Caldwell City Council candidates have taken office after receiving less than 50% of the votes, the City Attorney’s Office has advised Caldwell that because such candidates took office in good faith under the prevailing application of City Code, and in the absence of any objection or election contest, they hold their offices legitimately and legally,” the release said.
This story was originally published November 11, 2019 at 3:49 PM.
