BCRCC chooses nominees to replace Bradshaw as Dist. 1 commissioner

By Ben Olson
Reader Staff

The Bonner County Republican Central Committee nominated three candidates to replace Dist. 1 Bonner County Commissioner Steve Bradshaw in a special session called Nov. 19 by Chair Scott Herndon. Though Bradshaw’s term of office expires in January, Herndon claimed the former has moved to Texas and is no longer a resident of Idaho, thus making his BOCC seat vacant. The action spurred several precinct committeemen to send a letter of opposition to Governor Brad Little.

“This statutorily vacates the seat of Bonner County Commissioner for District 1,” the committee wrote on Facebook before the meeting. “The BCRCC will meet to nominate three names to forward to Governor Brad Little for appointment to the vacated position.”

After three rounds of nominations, Brian Domke received the first position, Rick Kirschner the second and Doug Paterson third.

Justifying the nominations, Herndon cited Idaho Code 59-901, which states that an elective civil office is considered vacant if the office holder ceases to be “a resident of the state, district or county in which the duties of his office are to be exercised, or for which he may have been elected.”

Herndon also cited Idaho Code 34-107, which addresses residency: “If a qualified elector moves to another state, or to any of the other territories, with the intention of making it his permanent home, he shall be considered to have lost his residence in this state.”

Scott Herndon. Courtesy photo.

“The code says you ‘shall’ submit a list of three names to the governor to fill the vacancy,” Herndon said at the Nov. 19 meeting. “When Idaho Code uses the word ‘shall,’ we don’t have an option.”

Herndon shared numerous documents with the committee purporting to show Bradshaw’s new home in Texas — including a property deed with an address.

“It would be a lot easier to ride along [with the rest of] the term and ignore Idaho law and Idaho GOP rules, but we’re Republicans and we respect the rule of law,” Herndon said at the special session.

This marks the fourth time the BCRCC has gone through the process of replacing an elected official this year — first with Ron Korn, who was nominated by the committee and later appointed by the governor to fill the Dist. 3 seat left vacant after former-Commissioner Luke Omodt’s resignation, and later with Cornel Rasor’s appointment to serve the remainder of Rep. Sage Dixon’s term, who also stepped down. The BCRCC also had to replace Steve Rezac as a precinct committeeman after he resigned.

Meanwhile, Bradshaw has not tendered his resignation, and replied to Herndon’s assertions that he is no longer an Idaho resident in several emails shared with the Reader, writing that he had “not established residency anywhere at the present time,” and, “If owning a piece of real estate in another state is an issue, then I guess half of our county and the state legislators have an issue. I have not declared residency other than Bonner County, Idaho. But good try, Scotty boy.”

Bradshaw attended the Nov. 19 weekly business meeting remotely, and maintains that he has a valid lease on his Bonner County property that extends until the end of his term on the BOCC in January 2025.

When asked on Nov. 20 for his opinion on Herndon’s push to nominate replacements for his position, Bradshaw replied to the Reader in an email that it was, “Just Scott being Scott. I have not resigned nor do I intend to. I will not quit on the people of Bonner County. I will finish the job they elected me to do. I am still a resident of Bonner County and will be until next year when my term ends. I have a lease back on my previous home ‘til 01-31-2025.”

Herndon stated that he learned of Bradshaw’s moving plans in August, and was told that Bradshaw would tender his resignation by Oct. 1, a claim that Bradshaw denied to the Reader, writing, “He is full of shit!”

At the special session, Herndon laid out his case against Bradshaw and solicited others to corroborate his position.

“The intent [to move] seemed clear, but I cannot speak to all the actual events that occurred after he stated that intent,” said Commissioner-elect Brian Domke, who won the Dist. 1 BOCC seat in the Nov. 5 election.

Herndon then recognized BCRCC Vice-Chair Mat Macdonald, who said Bradshaw talked to him about selling his home, and was later informed by Bradshaw that a church had purchased the property.

“He did tell me he does have a lease on a house on that property that he sold through January, so apparently he does have a lease there,” Macdonald said. 

Herndon said he had driven by Bradshaw’s former property in Bonner County and had “rung the doorbell a dozen times in the last two weeks,” but the house was vacant.

“Even if he has a lease on his current house, it’s the chair’s opinion that there is evidence he’s living in Texas … and has no intent to make Idaho his permanent home,” Herndon said.

He then opened the floor for nominations to fill Bradshaw’s seat, but several precinct committeemen objected to the proceedings.

“This seems very improper,” said Washington P.C. Tom Bokowy. “We have a commissioner that says he is residing here on a lease, attended a meeting yesterday and is doing the job, but you feel there’s an intention he’s going to be going to Texas, so you feel you have the ability to declare this position vacant.”

Steve Bradshaw. File photo.

Herndon said he would not field any follow-up questions on the matter.

“We’ve had some conflicting reports,” E. Priest River P.C. Jeff Connolly said, adding, “it seems like we’re making an assumption and basing a decision on, I’d call it hearsay. There’s a lot of people saying this, you’re saying you knocked on his door, but it’s a little light on evidence.”

“Fortunately we’re not a trier of fact,” Herndon countered. “We are going based on the opinion of the chair that the seat is vacant.”

Herndon shut down discussion following another objection, saying, “I’m not going to allow any dilatory actions here,” and proceeded with the nominations of Domke, Kirschner and Paterson.

“I will send those three names to the governor tomorrow,” Herndon said, before adjourning the special session.

The next day, a “notice of improper action” letter to Gov. Little was shared with the Reader signed by Committeemen Tom Bokowy, Andy Kee and Tanner Linton.

“At this meeting [held Nov. 19] an improper action was taken to declare Bonner County Commissioner Bradshaw’s position vacant,” they wrote. “This action lacked adherence to the due process and is in direct conflict with the facts surrounding Commissioner Bradshaw’s residency status.”

The authors of the letter told Little that while Herndon presented evidence to suggest a potential vacancy, “the statute’s requirement of ‘intention’ cannot be adequately determined by anyone other than Commissioner Bradshaw. Chairman Herndon further claimed the residence appeared vacant based on a personal observation, which is neither sufficient evidence of intention nor residency status. …

“Additionally, the proceedings at the BCRCC meeting did not follow due process,” the letter continued. “Debate was restricted to one comment per precinct captain, and no formal vote was taken to determine whether the committee should proceed with nominating replacements. Despite this, Chairman Herndon unilaterally declared the position vacant and forwarded nominations to your office without consensus. This overreach undermines the integrity of the process and invalidates the nominations submitted.”

The letter concluded with an urge for the governor to “review this matter carefully,” and that the actions taken by the BCRCC, “not only exceed the authority granted to its chairman, but also disregard Commissioner Bradshaw’s lawful right to contest the vacancy claim.”

Additional reporting by Zach Hagadone.