Daryl Anderson recall, Lincoln County, Montana, 2009
The Lincoln County Recall Committee alleged that authorities weren't taking the rape cases seriously and had been unsuccessful with at least one investigation because they waited several days to collect evidence. "Anderson knows how to do the investigation properly, but for whatever reason has chosen not to," group spokeswoman Diane Kaechele said.
Illegal deputy controversy
On April 8, 2009, the leaders of the recall effort released information that they had received regarding a deputy hired by Anderson who had been accused of impersonating an officer. Information on Montana Recall's website stated:
This text is quoted verbatim from the original source. Any inconsistencies are attributed to the original source.
The Lincoln County Recall Committee received an anonymous tip that the Lincoln County Sheriff’s department under the supervision of Sheriff Daryl Anderson had employed a deputy that was impersonating an officer. It is our understanding that Jay Charles Sheffield was hired as a Deputy Sheriff in Lincoln County by Sheriff Daryl Anderson in June of 2007 and served in this position until he was appointed as a Justice of the Peace in Libby in February 2009.
Recall petition wording
The wording of the recall petition stated:
To the Lincoln County Election Administrator: We, the undersigned qualified electors of the State of Montana and Lincoln County respectfully petition that an election be held as provided by law on the question of whether Lincoln County Sheriff Daryl Anderson, holding the office of Lincoln County Sheriff, should be recalled for the following reasons: Montana State Law 2-16-603, MCA states that an elected officer may be recalled for incompetency. Sheriff Daryl Anderson failed to investigate 6 reported rape crimes completely, if at all. Specifically he failed to adequately investigate a June 26, 2008 rape and failed to secure the crime scene to obtain valuable evidence. Sheriff Anderson also failed to adequately investigate an April 25, 2008 incident where he also failed to secure the crime scene. The Sheriff has also failed to provide rape victims written notice of their rights as set forth in 46-24-201, MCA He has denied a concealed carry permit without a written statement of the reasonable cause for the denial as required by Section 45-8-321(2), MCA and testified against HB228 Citizens Self Defense and Firearm Rights Bill. He failed to require a deputy to attend the Montana Law Enforcement Academy as required by Section 7-32-2106, MCA and take his Oath of Office per Section 7-32-303(3), MCA. As a result, Sheriff Anderson is subject to recall pursuant to Section 2-16-603, MCA.
Anderson refuted the allegations and had the continued support of county officials throughout the campaign, including Lincoln County Commissioner Marianne Roose, who said, "When the sheriff's office gets a lead, they check it out. There's been a lot of sensationalism and rumor about recent people and events. The sheriff's office has been working diligently with some of us community leaders on the recent allegations of sexual assault."
Path to the ballot
On June 26, 2009, area officials sent the petition for recall back for wording revisions, due to questions of legality. The petition wording also conflicted with state statutes. Kaechele said, "We will do what we have to do to move this petition forward. The only supervisors [Anderson] has are the people who voted him into office." The recall effort was subsequently rejected by Lincoln county officials the next week after the group resubmitted the petition.
- DailyInterLake.com: "Citizens want to recall Lincoln County sheriff," Feb 1, 2009
- Flathead Beacon, "Lincoln County Rejects Petitions to Recall Sheriff", July 5, 2009
- Montana Recall, "Homepage," accessed February 27, 2014
- Montana News: "Illegal Deputy - Jay Charles Sheffield Libby Montana," April 8, 2009
- Montana recall "Accepted Recall Petition For Sheriff Anderson
- Montana Political News, "Montana Sheriff Recall petition sent Back for Revisions", June 26, 2009