Carla Higginson drops challenge
of Sheriff Cumming's citizenship
updated 4:35 p.m. 09/20/02
Friday Harbor attorney Carla Higginson today, September 20, 2002, dropped her challenge of the legality of San Juan County Sheriff Bill Cumming's voter's registration.
Higginson had questioned whether Cumming, who was born in Canada, was a naturalized citizen. In a press release, Higginson said she discontinued the challenge after learning Cumming provided proof of citizenship to the media. Higginson had backed Detective Jeff Asher, who lost to Cumming earlier this week in a primary election.
Cumming called the challenge "a distraction that was unwarranted and unnecessary. I'm pleased that cooler heads prevailed and that we did not have to spend taxpayers' money unnecessarily," Cumming said. "I'm looking forward to getting back to the business of serving the public and keeping the community safe."
In her press release, Higginson wrote: "In a democracy, every citizen has the right and the obligation to make sure an election is conducted fairly. This is particularly important to me as an attorney and a long-time resident of this community.
"There was sufficient information to raise serious questions about Bill Cumming's citizenship status and thus his right to vote in the September 17th election, " Higginson wrote. "We tried to obtain information to confirm his citizenship status and when we were unable to do so, asked him about it directly before filing the challenge to his voter registration. Instead of providing a civil and direct answer, he refused to show any documentation on the subject . He responded in a profane and enraged manner, including threatening job retaliation to a sheriff's department employee.
"After the challenge was filed, he showed the media a passport. Therefore, it appears there is reason to withdraw the voter registration challenge at this time and we have done so."
Higginson challenges Cumming's citizenship
posted 09/17/02
Friday Harbor Attorney Carla Higginson filed a challenge to Bill Cumming's voter registration late Monday afternoon (September 16, 2002). Cumming emigrated to the U.S. from Canada in 1953 with his parents. Higginson wrote "a check of Immigration and Naturalization Records (INS) showed Cumming did not naturalize to become a citizen." In an interview Tuesday, Cumming displayed his U.S. passport. He said he does not have naturalization papers because he became a citizen under Section 321-A of the immigration code which gave him citizenship after both his parents were naturalized in 1959 or 1960.
San Juan County Canvass Board - Board of County Commissioners Chair John Evans, Deputy Prosecutor Karen Vedder and Chief Deputy Auditor Charlotte Dye - will convene at 10 a.m. Monday, September 23, 2002 in the county Courthouse to review the challenge.
In order to be a candidate, a person must be a registered voter according to San Juan County Prosecutor Randy Gaylord. If a candidate won an election and was later disqualified, that would not make the other candidate the winner. "The loser never wins," said Gaylord. In the event the winner of a county office was disqualified, the BOCC would appoint someone for the position.
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