Sizemore Update: He’s Still in Jail!

The following is an update of yesterday’s diary about Bill Sizemore’s arrest for contempt of court (his fourth such citation and the first time he’s been arrested for it).  It contains some more details on why Sizemore was arrested and what comes next.

My Previous Diary is here: OR Conservative Activist Bill Sizemore Gets Jailed!

Cross-Posted from Loaded Orygun: http://www.loadedorygun.net/sh…

Bill Sizemore currently languishes in jail due to his fourth contempt of court citation in the past few years.  As Judge Wilson said in court on Monday, “Mr. Sizemore is so blinded by his hatred of the unions who are plaintiffs in this case that he seems to have concluded that he is not required to follow the law.”  Perhaps the best quote though, comes from Kevin Looper, head of Defend Oregon, the organization which successfully defeated all of Sizemore’s measures last fall, who told the press “We’ve got John Gotti here pretending he’s Nelson Mandela.”

For those of you who wish to learn more about Sizemore, either view my previous diary yesterday (linked above) or this video from an interview he gave ABC News this fall:

What’s Next?

Sizemore has quite the conundrum ahead of him.  As I understand it the contempt citation states that Sizemore will remain jailed until he files  both the state and federal tax returns for the American Taxpayers Researchers Foundation (ARTF) for the years 2006 and 2007.  Sizemore controls ARTF and it is the contention of the plaintiffs (the teacher’s unions) that this is merely an attempt by Sizemore to go around the injunction against political activity filed as a result of his loss in the 2003 racketeering lawsuit.  The injunction has five main components:

1. It bars any Sizemore-controlled organization from giving anything of value, be it money or support, to a political action committee for five years (which just expired earlier this year I believe).

2. It bars any Sizemore-controlled political action committee from receiving anything of value from a 501c(3) organization for five years.

3. It bars any Sizemore-controlled charitable organization or political action committee from transferring assets until the plaintiffs are paid their $2.5M judgment.

4. It bars any Sizemore-controlled charitable organization or political action committee from doing business with any Sizemore-controlled signature gathering firm for five years.

5. It requires any Sizemore-controlled organization to comply with federal or state election reporting laws as appropriate for five years.  This provision might seem logical because everyone should follow the law but it appears to raise the stakes if Sizemore violates the laws again.

So Sizemore now has an unenviable choice of whether to not file the forms and therefore violate the law or to file them and disclose the extent to which he has expended moneys from these organizations for his own personal benefit.  This would then expose him to potential civil liability (and maybe criminal as well but as a non-lawyer I don’t know if what he’s doing is a crime) both as a result of this suit and from the penalties the IRS and Oregon Department of Revenue might well levy against him for violating federal and state prohibitions against expending nonprofit funds for personal gain.

Key Links:

For the only known shot of Sizemore being led away go here: http://blogtown.portlandmercur…

For Sizemore’s mug shot and current prison status go here for the official sheriff’s information: http://www.mcso.us/PAID/Bookin…

For the Court’s order go here: http://www.oregoned.org/atf/cf…

Let me know what you think.

OR Conservative Activist Bill Sizemore Gets Jailed!

In what can only be described as something that is a long time coming, longtime Oregon conservative activist (and complete A-hole) Bill Sizemore was jailed today after being found in contempt of court for the fourth time.  The specific incident this time was Sizemore’s failure to file federal and state reporting forms required for organizations he controls to maintain their tax exempt status.

Cross-Posted from Loaded Orygun: http://www.loadedorygun.net/sh…

This story stems from this article: Bill Sizemore jailed for contempt of court

Key Quote:

The dramatic moment just after Wilson finished a more than two-hour recitation of her findings in the case. Two Multnomah County deputies who had been in the back of the courtroom approached Sizemore, who was sitting at a table facing the judge, handcuffed his hands behind his back and led him from the courtroom.

This was in response to a lawsuit filed by Sizemore’s longstanding enemies, and one of, if not the, most powerful unions in the state, the Oregon Education Association among at least one other teacher’s union.

Sizemore has honestly had this a long time coming.  Below is a brief history of Sizemore’s OR political activity.

1990-Don McIntyre (one of Sizemore’s precursors) proposes and helps pass Measure 5 (Similar to the infamous Prop 13 in CA), sharply limiting property taxes and hindering state government ever since.

1994-Sizemore passes Measure 8, later overturned, which would have required public employees to pay part of their salaries.

1996-Sizemore passes Measure 47, a follow-up to Measure 5, which later requires the legislature to propose and pass Measure 50 as Measure 47 proves to be constitutionally unworkable.

1998-Sizemore wins the Republican nomination for OR Governor and loses badly to incumbent John Kitzhaber (D).

2000-The Oregon Education Association and AFT-Oregon file a racketeering lawsuit against Sizemore.  The accusations center around submission of false or fraudulent signatures and submission of false tax reports to hide Sizemore’s use of political campaign funds for his personal expenses.  In 2002 a jury found against Sizemore in the amount of $2.5M, which has had yet to pay a dime of.

2002-Oregon voters pass Measure 26, banning payment per signature for initiative petitions, a measure directly aimed to stop the sort of about perpetrated by Sizemore.  Opponents have tried via the courts, thankfully unsuccessfully, to overturn it repeatedly.

2003-The court orders dissolution of Sizemore’s Oregon Taxpayers Union-Education Fund for the violations described above.

2004, 2006 and 2008-Sizemore proposes a series of initiatives, all of which fail.

2008-Oregon voters pass Measure 56, overturning the “double majority” requirement at the center of Sizemore’s Measure 5/47/50 victories in the 1990s but leaving the property tax limitations themselves intact.

Most recently this story came out, which I previously reported on and so will repeat my thoughts from then:



Sizemore admits to personal use of funds
:

Story here: Oregon anti-tax activist Bill Sizemore admits personal use of funds

Anti-tax activist Bill Sizemore is known for many things, such as running a series of insane ballot measures every two years.  However, one thing he would prefer not to be remembered for is his mis-use of funds donated to nonprofit organizations under his control, which partially led to a judgment against him several years back for racketeering.  Under the terms of an injunction resulting from that lawsuit, such usage of funds was not allowed.  Despite this, it was revealed that Sizemore “wrote checks from the foundation account for $660,326, almost all of it for his own benefit. Sizemore also charged another $88,176 to a foundation debit card at Wells Fargo.”  Included in his purchases was a car for his wife, braces for his daughter, a time-share in Mexico and my personal favorite, 15 1-ounce gold pieces.  It seems that perhaps the real reason Sizemore doesn’t like paying taxes is that the pesky government insists he follow the law.

Let me know what you think.

Sen. Wyden says OR needs Merkley and other Oregon Political News

In this edition of my irregular series on Oregon political news, I discuss another set of interesting stories that have popped up.  These include Sen. Wyden’s (D-OR) new ad for Merkley as well as the Bill Sizemore’s admission that he was using private foundation funds for his own purposes.

Cross-Posted from Loaded Orygun: http://www.loadedorygun.net/sh…

Story List:

1. Wyden says we need Merkley in the Senate.

2. Sizemore admits to personal use of funds.

3. The Oregon Citizen’s Alliance and John McCain.

4. Debate Night in Oregon: Smith vs. Merkley tonight!

Wyden says we need Merkley in the Senate:

In a new ad released this morning, Senator Ron Wyden (D-OR), who has never before done an ad for any one of Smith’s challengers, talks about why he needs Jeff Merkley to help deliver the change Oregon wants and needs.  The popular Senator is a true progressive, having stated his career as the Rep. for Oregon’s 3rd CD (currently represented by Rep. Blumenauer).

Video:

Sizemore admits to personal use of funds:

Story here: Oregon anti-tax activist Bill Sizemore admits personal use of funds

Anti-tax activist Bill Sizemore is known for many things, such as running a series of insane ballot measures every two years.  However, one thing he would prefer not to be remembered for is his mis-use of funds donated to nonprofit organizations under his control, which partially led to a judgment against him several years back for racketeering.  Under the terms of an injunction resulting from that lawsuit, such usage of funds was not allowed.  Despite this, it was revealed that Sizemore “wrote checks from the foundation account for $660,326, almost all of it for his own benefit. Sizemore also charged another $88,176 to a foundation debit card at Wells Fargo.”  Included in his purchases was a car for his wife, braces for his daughter, a time-share in Mexico and my personal favorite, 15 1-ounce gold pieces.  It seems that perhaps the real reason Sizemore doesn’t like paying taxes is that the pesky government insists he follow the law.

The Oregon Citizen’s Alliance and John McCain:

Story, as picked up by Raw Story: McCain connections coming back to haunt him

In a report during last night’s Countdown with Keith Olbermann, Keith reported that John McCain had attended a 1993 fund-raising dinner for the Oregon Citizens Alliance (OCA), a virulently homophobic group that was behind several ballot measures in the 1990s which would have effectively mandated discrimination against the GLBT community.  However, the fun doesn’t stop there as apparently, during the dinner, one of the speakers praised those who had shot abortion doctors.  This was no surprise to either of Oregon’s senators, both Republicans, who themselves refused to attend the dinner.  In fact, Senator Mark Hatfield, a liberal Republican (and I mean that, he would most certainly be a Democrat if he ran today) strongly urged McCain not to attend but McCain did anyways.

Debate Night in Oregon: Smith vs. Merkley tonight!

Finally, just a quick note that Gordon Smith will debate Jeff Merkley tonight from 7-8 PM Pacific (10-11 PM Eastern) on KGW (Channel 8 in Portland).  The debate is also sponsored by the Oregonian and streaming video will be available at: http://www.oregonlive.com/politics/.  There you can also submit questions for the debate.

Let me know what you think.

Got Initiative?: Oregon Ballot Measure Preview

The following is a preview of the initiatives that are expected to/may qualify for the 2008 fall ballot.  All signatures are due by July 3, 2008 if they have not already been submitted.  Crossposted from Daily Kos (http://www.dailykos.com/story/2008/6/25/113448/828/338/541717)

Some Oregon Initiative Basics:

Although commonly thought only as an Initiative process, the actual truth is that there are four major types of ballot measures (of which the first two are by far the most common):

Legislative Referrals-Typically these are constitutional modifications but they can be statutory as well (See 2007’s Measure 49, which modified the state’s land use laws as an example).  Depending on the specific measure, they require either a simple majority or, in some cases, a 3/5 majority to get on the ballot.

Citizen Statutory Initiatives-Change or create state law.  They require 82,679 signatures.

Citizen Constitutional Initiatives-Change the Oregon Constitution.  They require 110,358 signatures.

Citizen Referrals-Refer a recently passed law, by the legislature, to the people for a vote, most recently seen in the failed attempts to get votes on the state’s new domestic partnership (civil unions) and GLBT civil rights laws.  They require 55,179 signatures, which must be turned in within 90 days after the law is signed by the Governor.

Ballot Measures are listed by these types and then by their Initiative Petition (IP) number since ballot measure numbers will not be assigned until signature verification is completed on August 3, 2008.  Measure numbers are sequential and the first measure this year will be Measure 54.  This summary does not include any local ballot measures.

Key:

Measure Type:

C-Constitutional.

S-Statutory.

Will it make the ballot:

Qualified-The imitative is already qualified.

Likely to Qualify-The imitative is likely (85%+) to qualify.

Fate Uncertain-50-50 on whether this initiative will qualify.

Unlikely to Qualify-Less than a 50% chance of qualification.

Race Ratings:

Tossup-Less than 3% margin projected.

Lean-3 to 10% margin.

Likely-11 to 20% margin.

Safe-Greater than 20% margin.

Note: Ratings assume the measure will qualify.

Progress-O-Meter:

How progressive is this initiative, on a 1-10 scale, with 1 being very much not progressive and 10 highly progressive.

Legislative Referrals (Already all qualified):

405-C

Summary: This corrects a bizarre flaw in the state constitution that prohibits citizens under 21 from voting in school board elections (a provision which is, of course, not in effect but should be removed anyways).

Known Opposition: None.

Progress-O-Meter: N/A, technical measure.

Outlook: Safe Yes.

406-C

Summary: Minor fixes to the state’s redistricting process.

Known Opposition: None.

Progress-O-Meter: N/A, technical measure.

Outlook: Safe Yes.

407-C

Summary: Repeals the Double Majority law requiring that 50% of registered voters cast ballots in an election for a bond measure to pass.

Known Opposition: Taxpayer Association of Oregon (Far Right), Bill Sizemore (Sponsor of all things extremely libertarian).

Progress-O-Meter: 10, gets rid of a really stupid law.

Outlook: Likely Yes, the legislature’s approval should allow this one to win pretty easily.

408-S

Summary: Proposes an alternative to Kevin Mannix’s (R-Of Course) property crime sentence minimum initiative.  Focuses state policy on treatment rather than prison for low level drug and property crimes.

Known Opposition: Kevin Mannix and his crew.

Progress-O-Meter: 7, its not a great law but its a damn sight better than Mannix’s proposal.

Outlook: Leans to Likely Yes, my guess is that with both on the ballot, Mannix’s extreme measure will fail when compared to this one.

Citizen Constitutional and Statutory Measures:

3-S

Chief Sponsor: Bill Sizemore

Qualification Status: Qualified.

Summary: This is at least the third time, and I think the fourth, that Sizemore and his gang have proposed this measure, which makes federal income taxes fully deductible on state returns.  This measure largely benefits high wage earners and would blow a huge hole in the state’s budget.

Known Opposition: A leading coalition of progressive groups will once again mobilize against this one.

Progress-O-Meter: 1, really really bad.

Outlook: Likely No, the good news is that although Sizemore can qualify measures, he can’t pass them.  This proposal has failed by increasingly wider margins every time it’s been proposed.

19-S

Chief Sponsor: Bill Sizemore.

Qualification Status: Qualified.

Summary: This measure would require English immersion rather than ESL for children for whom English is not their primary language.

Known Opposition: I would think a lot of progressive groups will mobilize against this one.

Progress-O-Meter: 2, progressives don’t like race-baiting measures like this one.

Outlook: Leans to Likely No, I think the racist anti-immigrant folks will discover that they have limited political power after this one fails.  However, it is impossible to know exactly how this will turn out because this is the first immigration measure to make the ballot here.

20-S

Chief Sponsor: Bill Sizemore

Qualification Status: Likely to Qualify

Summary: This would require “merit-pay” for teachers in public schools.

Known Opposition: The Oregon Education Association will doubtless go all out against this measure.

Progress-O-Meter: 2, merit pay simply doesn’t work.

Outlook: Leans to Likely No, although the first time tried here, given the more conservative states that have seen this measure fail I doubt this has much of a chance here.

21-S

Chief Sponsor; Bill Sizemore

Qualification Status: Qualified

Summary: This measure would allow minor building changes without a permit.

Known Opposition: None but anything Sizemore proposes won’t stay without opposition for long.

Progress-O-Meter: 5, I honestly don’t know what Sizemore is up to here but I bet it’s no good.

Outlook: Leans to Likely No, I don’t get this one but Sizemore’s name on the measure should be good enough to kill it.

25-S

Chief Sponsor: Bill Sizemore

Qualification Status: Qualified

Summary: Sizemore brings back an old and twice-failed idea to ban public-employee unions from using dues for political purposes.

Known Opposition: The progressive movement in this state will mobilize to kill this one.

Progress-O-Meter: 1, strikes right at the heart of the progressive movement.

Outlook: Likely No, Sizemore=without power, Public Employee Unions=Powerful, enough said.

40-S

Chief Sponsor: Kevin Mannix

Qualification Status: Qualified

Summary: This is Kevin Mannix’s draconian sentencing measure for property and low-level drug crimes.

Known Opposition: Most of the Legislature for one (See Referral #408) as well as most of the moderate and progressive groups in the state.

Progress-O-Meter: 1, oh Kevin, your ideas suck so much.

Outlook: Likely No, with the competing measure by the legislature, this one appears headed for defeat.

41-C

Chief Sponsor: Kevin Mannix.

Qualification Status: Likely to Qualify

Summary: Dedicates 15% of Oregon Lottery proceeds to crime fighting/prevention efforts.

Known Opposition: The current groups that receive lottery funds, schools and parks, will likely oppose this.

Progress-O-Meter: 4, not horrible but not great either.

Outlook: Tossup, IMHO a bad idea but measures like this have fared pretty well in the past.

51-S

Chief Sponsor: R. Russell Walker (Libertarian Activist)

Qualification Status: Fate Uncertain

Summary: Limits contingency fee awards in lawsuits.  Your classic “lawsuit reform” measure.

Known Opposition: The Oregon Trial Lawyer’s Association has already come hard strongly against this measure not surprisingly.

Progress-O-Meter: 2, not as bad as the similar measure in 2004, but still quite bad.

Outlook: Leans to Likely No, if a similar measure couldn’t pass in 2004, I doubt this one will now.

53-S

Chief Sponsor: R. Russell Walker

Qualification Status: Fate Uncertain

Summary: Establishes penalties for “frivolous lawsuits.”

Known Opposition: As with the last one, expect the Oregon Trial Lawyers Association to go full out against it.

Progress-O-Meter: 1, closing the courthouse door is not a progressive value.

Outlook: Leans to Likely No, assuming either or both of these qualify, they will likely pass or fail together.

109-S

Chief Sponsor: Former SOS Phil Keisling (D)

Qualification Status: Fate Uncertain

Summary: Creates a Top-Two Open Primary in which all parties run their candidates on the same ballot and the top two, regardless of party affiliation, advance to the general election.

Known Opposition: Both the Oregon D’s and R’s oppose this strongly.

Progress-O-Meter: I’m not even going to try to rate this one because I know I will get slammed if I do but I personally oppose it.

Outlook: Leans No, if this qualifies, the state parties will spend a lot of $ to kill it, so I’ll list it as leans no for now.

Let me know what you think.

OR-SEN: Sizemore May Challenge Smith in Primary

While there has been talk for a while that Gordon Smith may face a challenge from the right, it now appears there is a name attached to that prospect. The Associated Press is reporting that anti-tax activist and form gubernatorial candidate Bill Sizemore is considering doing a little bit of our work for us.

National Democrats have made it plain that one of their top targets in the 2008 Senate election will be Oregon Republican Sen. Gordon Smith, who has been reaching out more to moderate voters of late.

But Smith also could face potential trouble within his own party at home.

There are rumors that Smith might draw a primary challenge from the party’s right wing. A national group that promotes fiscal conservatism is making noises about possibly bankrolling such an effort.

A GOP primary challenge could force Smith — who has broken with President Bush and the Republican Party on Iraq and other issues — to veer more to the right, which could harm his chances in a state that’s trending more blue….

Anti-tax activist Bill Sizemore, who was trounced when he ran against then-Democratic Gov. John Kitzhaber in 1998, said recently that he’s giving thought to possibly taking on Smith.

Oh please please please run, Bill. If he does, Peter DeFazio or any other candidate can sit back while Smith has to fend off this challenge from his right. If there is anything you can do to egg Sizemore, feel free to do so. 😉