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State strips Duyck from November ballot

July 21, 2008
The Oregonian

State officials stripped legislative candidate Jeff Duyck of his Republican nomination for November's election on Monday, giving the party more than a month to find a replacement.

The Secretary of State notified Republican leaders of its action, and set an Aug. 26 deadline to fill the vacancy and place a candidate for House District 29 in the fall voter pamphlet.

"There's not a lot of time, so we want to make sure they can fill the position quickly," said Don Hamilton, spokesman for Secretary of State Bill Bradbury.

The state gave Duyck until Friday to withdraw his candidacy after concluding that while most of his property was in District 29, his house was in District 26. Although the state had certified Duyck's candidacy through the May primary, the state ruled this month that his residency in another district made him ineligible to hold the office.

Duyck said Monday that he didn't withdraw his candidacy because "I didn't want to give them the satisfaction."

Duyck said he plans to sue the state and/or the Washington County Elections Office for reimbursement of more than $63,000 in campaign funds and expenses that Duyck says were wasted on the race.

The Oregon Republican Party will support any legal action Duyck chooses to take, said Nick Smith, spokesman for GOP House Leader Bruce Hanna.

Republicans have not begun considering a replacement for Duyck, Smith said. The party will form a committee of elected precinct leaders in District 29 to make a selection.

Hanna will continue to call for a special session to adjust the boundary, Smith said. But Democrats, who control the House and the Senate, will not call for a special session, said Russ Kelley, spokesman for House Speaker Jeff Merkley, D-Portland.

In addition to the Duyck quandary, GOP officials must find a replacement for Republican Rep. Jerry Krummel, who announced that he will resign from the District 26 seat. Ironically, Duyck is eligible to serve the rest of Krummel's term and to run for that seat in the fall. But Smith said the party would not force Matt Wingard, its current District 26 nominee, to withdraw.

"We're going to support Matt Wingard to be appointed to the seat," Smith said. "Even if Jeff were appointed, he wouldn't be able to run for the seat. Matt is on the ballot and we're not going to ask that of him."

Just six months ago, Republicans were considering replacing Wingard, who disclosed being convicted of a misdemeanor in 2002 for striking his son.

Since then, Wingard has proven himself, Smith said.

"Matt has rallied people in his community behind his campaign," Smith said. "He won the nomination."

-- Corey Paul; coreypaul@news.oregonian.com