Horlacher had alleged that the commissioners "may have spent public funds for a
bond issue in the November 7, 1995 election."
While the commissioners did pay to an place an argument in favor of the bond in
the Deschutes County voter's pamphlet, no public funds were spent. The
commissioners had formed an independent political action committee to submit
the argument and filed all the proper forms with the state.
A brochure compiled by the Deschutes County Community Corrections Department
was determined to be an "informational piece." While county employee time and
county money was used to develop the brochure, this is allowed under Oregon law
"if the information is not used to lead voters to support or oppose a
particular position in the election."
The secretary of state's office "determined that the presentation is made in a
sufficiently factual and objective manner," and decided the brochure did
not lead voters to vote for or against the measure.
In conclusion, the State of Oregon dismissed the complaint, saying that "there
is not evidence submitted that would conclude that public funds were spent in
the support of this bond issue. Therefore, based on the information no further
action by this office is appropriate."
The "Final Determination of Possible Violation of Oregon Election Law," was
mailed to the county commissioners and Charles L. Horlacher on December 14 by
Brenda Bayes of the Secretary of State's office.