Josh Brown is facing his second legal challenge in as many weeks, as a Bainbridge resident has filed a voter registration complaint accusing the newly elected Kitsap County Commissioner of lying about his place of residence.
James M. Olsen of Bainbridge contends that Brown does not reside on Perry Avenue in Bremerton at the address on his voter registration and driver’s license. Rather, Olsen claims, Brown lives with his parents on Olympic View Road in Silverdale.
Brown’s parents live in Commissioner District 1 – representing North Kitsap and Bainbridge – while Brown was elected to represent Commissioner District 3, Central Kitsap.
Olsen’s action challenges Brown’s right to vote in the upcoming Feb. 6 election. Olsen said his purpose is not to remove Brown from office, although a granting of this motion could lead to other legal challenges.
“I’m doing this because I take issue with perjury and misrepresentation,” Olsen said. “I have a compelling case that will prove the issue.”
Brown also faces a lawsuit from Silverdale resident Robert Ross seeking to overturn the new commissioner’s election. Olsen said he is not acting with Ross, although their challenges to Brown’s residency are substantially the same.
Olsen’s complaint will be addressed by the county canvassing board, which consists of county Prosecutor Russ Hauge, Auditor Karen Flynn and County Commissioner Chris Endresen. All have indicated they would recuse themselves and appoint a deputy for the hearing.
Endresen called Olsen’s action “harassment from sore losers.”
Olsen did not disclose the nature of his evidence, saying he would present it in full to the canvassing board.
“You will see my evidence at the hearing,” he said. “At that time, the truth will be apparent.”
Brown’s attorney, John Morgan of Silverdale, has not decided how to respond to Olsen’s charges.
Morgan has said he will fight Ross’ lawsuit on a technicality – it was filed more than 10 days after the legal limit – and will not address the allegations themselves unless it becomes necessary.
Morgan said Brown’s primary residence is on Perry Avenue, and the rules of presumed innocence apply.
“The burden of proof is on the plaintiffs,” Morgan said. “They need to show that Josh doesn’t live where he says. We don’t have to prove that he does, although we do have a lot of supporting documentation.”
Olsen declined to say whether he was using the same information as Ross to support his complaint. Ross employed a private investigator who watched the Perry Avenue apartment for the months following the November election and concluded that Brown lived elsewhere.
Brown was on vacation in New Jersey during December.