March 28, 2024

Spurrier appointed as special prosecutor

Ringgold County Attorney Clinton Spurrier is appointed to investigate potential election misconduct

A special prosecutor has been appointed to investigate allegations of election misconduct relating to the unofficial campaign to write in Gabe Carroll for mayor in Creston’s city election Nov. 5. The third ward representative became mayor-elect after he beat incumbent mayor Steve Wintermute unofficially, 620 to 484.

After the election, a complaint was made to Union County Auditor Sandy Hysell by former Creston resident Johnathan Ehrlich, now of Oskaloosa, Kansas. Union County Attorney Tim Kenyon said he and Hysell reviewed the complaint with the Attorney General’s Office and the Secretary of State’s Office, respectively.

In a Nov. 13 email from Kenyon to the county supervisors, Kenyon said, “... Based on follow-up discussions, it appears that the complaint warrants further investigation.”

Kenyon said, at the recommendation of the Attorney General’s Office, a person that does not reside in Creston or Union County should be appointed as a special prosecutor to address this matter.

The appointment of Ringgold County Attorney Clinton Spurrier comes as the sole recommendation of Union County Tim Kenyon. A resolution was signed by the Union County Board of Supervisors approving Spurrier’s appointment Wednesday morning.

Resolution

A resolution appointing Spurrier was signed during the supervisors meeting Wednesday morning.

The resolution stated that a complaint was made regarding campaign misconduct associated with the 2019 mayor election for the city of Creston held Nov. 5; Kenyon and Hysell reviewed the complaint with the Secretary of State’s Office and Attorney General’s Office; a preliminary assessment has determined that the allegations contain specific details regarding allegations of violations of Chapter 39A and/or Chapter 49 of the Code of Iowa, which potentially threatens the integrity of the election process and therefore warrants a formal investigation; the allegations involve the alleged commission of a serious misdemeanor offense; the Office of the Attorney General has recommended the appointment of a special prosecutor that does not live within Creston and/or Union County to prosecute alleged violation(s); and the appointment of Spurrier is for the purposes of investigating any/all violations associated with the Nov. 5, 2019, mayoral election for Creston and the investigation shall continue until any/all such cases are complete.

Questions

Kenyon said it should be noted that questions have been raised suggesting that county officials should have alerted the candidates and/or the public of the potential for violation, which he said he reviewed the “provisions of Chapter 331 list the duties and responsibilities  of county offices” with Hysell in her capacity as commissioner of elections.

“Simply put, the auditor is not authorized to provide campaign or election advice to individuals, the public or cities,” said Kenyon. “Similarly, the office of county attorney is only authorized to provide advisory opinions to county offices. It is the responsibility of those involved to ‘know the law.’”

Kenyon said, if individuals running for office have questions regarding the operation of a campaign, they should consult private counsel and/or communicate with the various state agencies to obtain an advisory opinion as to the propriety of the conduct.

“Our obligations now arise as a result of a complaint of criminal conduct,” said Kenyon. “The appointment of a Special Prosecutor addresses the obligation imposed upon Union County by the provisions of the Code of Iowa.”