Kathleen Stuart Executive Director, FuturePAC, Oregon House Democrats kathleen@futurepac.org September 12, 2016 Via email Secretary of State Jeanne Atkins Public Service Building Suite 501 255 Capitol St. NE Salem OR 97310 Mickie Kawai, Elections Manager Washington County Elections Division 3700 SW Murray Blvd., Suite 101 Beaverton, OR 97005 RE: Armand “Rich” Vial not an Inhabitant of House District 26, Ineligible for 2016 General Election Ballot Dear Secretary Atkins and Washington County Elections Division Officials: Please accept this letter as a formal complaint asking that Armand “Rich” Vial, the current Republican nominee for State Representative, House District 26, be declared ineligible to appear on the November 2016 General Election ballot. As we will explain in the sections that follow, Mr. Vial is an inhabitant of House District 24, not House District 26 and therefore cannot be elected to or serve House District 26 as a State Representative. Article IV, section 8, of the Oregon Constitution provides that “a person may not be a Senator or Representative if the person at the time of the election…Has not been for one year next preceding the election an inhabitant of the district from which the Senator or Representative may be chosen.” The Secretary of State as the filing officer for this position should disqualify Mr. Vial immediately and declare the nomination to be vacant, pursuant to ORS 249.190(3). Mr. Vial lists his address as 12840 SW River Rd., Hillsboro in Washington County Precinct 426. He has used this address as his voter registration address as well as his candidate address in filings with the Oregon Secretary of State (candidacy filing 3/7/16). However, Mr. Vial inhabits the home located at 25995 Rainbow Lane, Hillsboro, in Washington County Precinct 430 – HD 24, 2.7 driving miles south from the Scholls Valley Lodge, where he resides with his family. Please also consider the following applicable Oregon laws:

OR Const., Art. IV, Section 8(B). Qualification of Senators and Representatives; effect of felony conviction. (1)(a) Except as provided in paragraph (b) of this subsection, a person may not be a Senator or Representative if the person at the time of election: … (B) Has not been for one year next preceding the election an inhabitant of the district from which the Senator or Representative may be chosen.

The contents of this complaint include four main sections:

1) Improperly Lists Scholls Valley Lodge as Residence 2) Primary Residence Located at 25995 Rainbow Lane 3) Locations and Precincts 4) Exhibits

Section One. Improperly Lists Scholls Valley Lodge as Residence Armand “Rich” Vial, the current Republican nominee for State Representative, House District 26, lists his address as 12840 SW River Rd., Hillsboro in Washington County. Vial has used this address as his voter registration address as well as his candidate address in filings with the Oregon Secretary of State (candidacy filing 3/7/16). The address (12840 SW River Rd., Hillsboro) is the site of the Scholls Valley Lodge, an event space that occupies a renovated home where the Vial family appears to have lived at one time. Today, however, Scholls Valley Lodge is used as a wedding and event venue and the Vial family no longer uses this space as their residence. As outlined in ORS 247.035 Section C, “A person shall not be considered to have gained a residence in any location in this state into which the person comes for temporary purposes only, without the intention of making it the person’s home.” The following points explain that Rich Vial is not a resident of 12840 SW River Rd., Hillsboro or House District 26:

Lodge Remodeled from Private Residence in 2011 Grow Construction highlights the remodeling of Scholls Valley Lodge from a home to an “inn” on their website.

• Grow Construction – Capabilities: “The scope of this project was the renovation of an old farm home into a 7 bedroom Inn...This project was completed in the spring of 2011 and has since been the location for numerous events including corporate retreats, weddings and family reunions.” Source: http://grow-construction.com/capabilities.php (Exhibit B)

Reports Use of Scholls Valley Lodge as In-Kind Contribution While running to represent House District 26, Vial has repeatedly reported use of Scholls Valley Lodge an as an in-kind contribution to his campaign. In-kind contributions for use of the Scholls Valley Lodge have been reported on March 31, April 21, May 17, June 1, July 1, August 1 and Sept. 1. In total, Vial’s campaign has received in-kind contributions totaling $3,311.50 from the Scholls Valley Lodge.

• ORESTAR Reports: § https://secure.sos.state.or.us/orestar/gotoPublicTransactionDetail.do?tranRsn=2203762 § https://secure.sos.state.or.us/orestar/gotoPublicTransactionDetail.do?tranRsn=2227953 § https://secure.sos.state.or.us/orestar/gotoPublicTransactionDetail.do?tranRsn=2257942 § https://secure.sos.state.or.us/orestar/gotoPublicTransactionDetail.do?tranRsn=2264316 § https://secure.sos.state.or.us/orestar/gotoPublicTransactionDetail.do?tranRsn=2282065

§ https://secure.sos.state.or.us/orestar/gotoPublicTransactionDetail.do?tranRsn=2305257 § https://secure.sos.state.or.us/orestar/gotoPublicTransactionDetail.do?tranRsn=2335385

According to the 2016 Campaign Finance Manual published by the Oregon Secretary of State, “Costs incurred by the individual who is using his or her residence, including a community room associated with the residence, for invitations, food, and beverages provided at the reception are not reportable expenses.” Source: 2016 Campaign Finance Manual, Page 42, http://sos.oregon.gov/elections/Documents/campaign-finance.pdf No Longer a Private Residence The Scholls Valley Lodge website features numerous photos of weddings and other type of events that occur at the lodge (Exhibit A). The website also makes several references to “professional staff” and to the process of conversion of the property from a residence to an event space:

• Scholls Valley Lodge – Home Page: “Once the family home, the Lodge retains the spirit of family and gathering that is palpable to all who experience it.” Source: www.schollsvalleylodge.com

• Scholls Valley Lodge – About: “As the children married, went to college or otherwise

moved out of the home (sometimes to another structure on the farm), Paula and Rich decided that the home would be best used as a lodge. The home was completely remodeled, a project that took until 2011, to become the lodge you see today.” Source: http://www.schollsvalleylodge.com/about/

Lodge Offers Exclusive, Private Rental Space The Scholls Valley Lodge website offers an ‘Exclusive Use’ rental option that includes private use of the space, including the kitchen, and makes clear that the entire property of Scholls Valley Lodge can be rented exclusively for events.

• Scholls Valley Lodge – Exclusive Use: “The lodge is the perfect spot for a retreat, training, or planning activity. Our professional staff is very sensitive to making sure that your privacy and comfort is assured. Whether it is for a few hours, or several days … Relax in the library, enjoy the pool table, and use our spacious kitchen to prepare meals.” Source: http://www.schollsvalleylodge.com/exclusive-use

• Scholls Valley Lodge – Event Packages: “Event includes… all Scholls Valley Lodge

indoor & outdoor guest areas including lawns & barn…kitchen and kitchenware…” Of overnight packages, the website says they include, “two nights accommodations, all guest rooms for up to 26 guests - check in 3pm - check out 11AM. Additional nights can be added…” Source: http://www.schollsvalleylodge.com/packages/

Section Two. Primary Residence at 25995 Rainbow Lane, Hillsboro, in Washington County Vial owns a primary residence at 25995 Rainbow Lane, Hillsboro, in Washington County, 2.7 driving miles south from the Scholls Valley Lodge, where he resides with his family. According to ORS 247.035 Section A, “The person’s residence shall be the place in which habitation is fixed and to which, when the person is absent, the person intends to return.” The following points prove that Rainbow Lane is Mr. Vial’s residence:

Called Rainbow Lane House “Home” on Facebook On September 2, 2016, Rich Vial for Oregon posted, “I came home from visiting rural doors last night…only to find a house full of kids, Moms, and envelopes.” The post was accompanied by a picture of the inside of his primary residence, which looks much like the inside of the home at 25995 Rainbow Lane, posted on his personal blog in 2009. Sources: 2016 Facebook Post; 2008 blog post; See exhibits D and E. Online Event In 2011, a Facebook event listing referred to as the “The Vial's lovely House; 25995 SW Rainbow Lane Hillsboro, OR 97123.” (Exhibit C) Extensive References to Rainbow Lane as “Home” in Blog Posts Mr. Vial and his wife Paula have written about the house on Rainbow Lane and documented the process of construction on personal blogs maintained through 2014, repeatedly indicating that the house is their primary residence. In a blog called “Clearly Confused,” Rich Vial posted the following:

• ClearlyConfused - December 25, 2008. Shares a picture of the home at 25995 Rainbow Lane on his blog, writing, “But first, a picture of the new Rainbow house in the snow!” Source: http://hoalawman.blogspot.com/2008/12/memorable-christmas.html?m=1 (Exhibit J)

• ClearlyConfused – September 15, 2008. Shares a post about building the home on Rainbow Lane. Source: http://hoalawman.blogspot.com/2008/09/storm-before-calm.html (Exhibit K)

• ClearlyConfused – March 31, 2009. Shares an update on the home construction and

writes, “We are actually sleeping in the new house now,” and “…we are loving the house and looking forward to some fun times here. One of the best parts is I finally have my garage!” Source: http://hoalawman.blogspot.com/2009/03/final-rainbow-interim-update.html (Exhibits F and G)

• ClearlyConfused – May 7, 2010. Writes: “It was the hardest thing to leave them at the

farm when Paula and I moved to Rainbow, but there seemed to always be someone there.” Source: http://hoalawman.blogspot.com/2010/05/ode-to-bowser-and-duke.html (Exhibit N)

• ClearlyConfused – March 21, 2012. Refers to the house on Rainbow Lane. Source: http://hoalawman.blogspot.com/2012/03/someone-forgot-to-check-calendar.html

• ClearlyConfused – April 15, 2012. Talks about his wife Paula returning “home to Rainbow.” Source: http://hoalawman.blogspot.com/2012/04/promise-of-spring.html (Exhibit I)

• ClearlyConfused – October 22, 2012. Writes, “Back at home at the Rainbow house the next morning…” and “On Sunday we had our traditional Sunday dinner at breakfast instead at Rainbow….” Source: http://hoalawman.blogspot.com/2012/10/a-full-september.html (Exhibit H)

• ClearlyConfused – October 22, 2012. Writes, “yet another shot of my friendly Red Tail here on Rainbow Lane,” and “A Spring morning, just up the road from the Rainbow House.” Source: http://hoalawman.blogspot.com/2014/03/april-2013-birds-from-san-diego-and.html (Exhibit L and Exhibit M)

• ClearlyConfused – June 19, 2013. Posts about spending time at the Rainbow Lane house. Source: http://hoalawman.blogspot.com/2013/06/march-2013-hawaii-family-birds-river.html

Section Three. Candidate Lives in House District 24 Vial owns a primary residence at 25995 Rainbow Lane, Hillsboro, in Washington County, which is located in Washington County Precinct 430 - House District 24. Below are precinct-level maps of both locations and a Google Map image of the distance between the locations.

Location of Scholls Valley Lodge, 12840 SW River Road, Hillsboro Washington County - Precinct 426 Source: http://webags.co.washington.or.us/electionmaps/elections_032012.html

Location of Primary Residence, 25995 Southwest Rainbow Lane Washington County - Precinct 430 Source: http://webags.co.washington.or.us/electionmaps/elections_032012.html

Section Four. Exhibits

Exhibit A Scholls Valley Lodge used as event venue.

Exhibit B Grow Construction highlights remodel of Scholls Valley Lodge from “old farm home to 7 bedroom inn.”

Exhibit C Source: https://www.facebook.com/events/807770312624326/

Exhibit D Facebook post by Rich Vial for Oregon. See spiral staircase in background.

Exhibit E Spiral staircase shown in the background of Exhibit D.

Exhibit F  

Exhibit G  

Exhibit H  

Exhibit I

Exhibit J  

Exhibit K  

Exhibit L  

Exhibit M  

Exhibit N