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McGeachin facing possible penalties for using taxpayer funds for electioneering

Letters from the Idaho Attorney General's Office ask the lieutenant governor to stop advocating for candidates in her official state office newsletter.

BOISE, Idaho — This article originally appeared in the Idaho Press.

Idaho Lt. Gov. Janice McGeachin has been twice ordered to “cease and desist” from violating the Public Integrity in Elections Act by advocating for candidates in her official state office newsletter.

According to letters from the Idaho Attorney General’s Office on Nov. 3 and Nov. 4, obtained by the Idaho Press through a public records request, McGeachin first sent out an office newsletter, at taxpayer expense, on Oct. 13, assailing Democratic candidate for Idaho Attorney General Tom Arkoosh, calling him a “radical Democrat” and referring to a long list of prominent Idaho Republicans who’ve endorsed him as “mutinous Republicans” and “turncoats who are now blatantly working on behalf of the left.”

Then, on Nov. 3, McGeachin sent out another official newsletter from the lieutenant governor’s office, this time endorsing a slate of ultra-conservative candidates who are running for both the College of Western Idaho board of trustees in the Treasure Valley and the North Idaho College board of trustees in North Idaho. In the same newsletter, she advocated in favor of SJR 102, the proposed constitutional amendment on the November ballot to allow the Idaho Legislature to call itself into special session whenever it chooses.

“Please immediately remove this content from your Lieutenant Governor website (and no later than noon on Monday, November 7) and cease and desist from sending any further correspondence with state resources, or in your capacity as Lieutenant Governor, to advocate for or against a candidate or ballot measure,” Chief Deputy Idaho Attorney General Nicole McKay wrote in a Nov. 4 letter to McGeachin. “Should you fail to comply with this directive, this Office will pursue the imposition of a civil penalty against you pursuant to Idaho Code 74-606, as well as an award of attorney fees and costs.”

McGeachin, who is finishing her four-year term as lieutenant governor, isn’t seeking reelection because she instead unsuccessfully challenged GOP Gov. Brad Little in the May primary.

McGeachin did not immediately respond to a reporter’s call seeking comment. Her chief of staff, Machele Hamilton, who answered the phone in the lieutenant governor’s office on Monday morning, said, “I’m sorry. I don’t have a response.” Asked if there’s anyone else in the office who could comment on the matter, she said, “Nope, it’s just me.”

Shortly afterward, McGeachin posted this statement on her official lieutenant governor Facebook page:

"It appears that accusatory communication from the AG's office to the Lt. Governor was leaked to the media. (Amazing how that keeps happening.) Throughout my tenure as Idaho Lt. Governor, I have used my newsletters as a means of informing constituents about important events and issues in Idaho and around the country."

"While my newsletters may sometimes reference candidates and their campaigns, I am very careful that the wording does not advocate for or against a candidate or a ballot measure. This is just another false mischaracterization of my actions as Lt. Governor."

"Nevertheless, in order to avoid additional distractions, I removed the link to my newsletter archive from the LGO website this morning, hours prior to the deadline set by the AG's office. I wonder why this part of the story wasn't leaked as well?"

As of mid-day Monday, both newsletters still were live with the content about the Attorney General’s race, the ballot measure and the community college trustee races, on her official Facebook page. Her office website offers a link to subscribe to the emailed newsletter. The election is Tuesday.

This article originally appeared in the Idaho Press, read more on IdahoPress.com.

More from our partner Idaho Press: The rollercoaster of Idaho Rep. Christensen's social media lawsuit

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