By Krista Tincher
Of the Tobacco Valley News

A petition to recall the Lincoln County sheriff was rejected last week.
Petitioner Ginny Emerson now has the opportunity to resubmit the petition if she chooses to modify the form of the petition and sign an affidavit holding her accountable for the alleged facts that the petition claims.
The petition, submitted to the Lincoln County clerk and recorder by Emerson on behalf of a group called the Lincoln County Recall Committee, states that Sheriff Daryl Anderson should be recalled for incompetency.
The petition alleges that Anderson failed to investigate six reported rape crimes completely, if at all. It also states that Anderson denied a concealed carry permit without a written statement of reasonable cause, and failed to require a deputy to attend the Montana Law Enforcement Academy as required.
“We the people of Lincoln County have no confidence in him as sheriff,” reads the petition.
After a review of the petition for form, and a recommendation by Lincoln County Attorney Bernie Cassidy, Clerk and Recorder Tammy Lauer sent a letter to Emerson last week rejecting the petition.
Lauer invited Emerson to resubmit a corrected petition, along with the signed affidavit holding Emerson responsible for the accusations.
“You will need to state the basis for your knowledge of the facts claimed to constitute incompetence,” Lauer told Emerson by letter. “This must be from your knowledge of the facts.”
Cassidy, in his recommendation, cited a decision by the Montana Supreme Court: “The test for sufficiency of an affidavit is whether or not it has been drawn in such a manner that it might be a basis for the charge of perjury if any material allegation contained therein is false, as the (petitioner) is held to strict accountability for the truth and accuracy of the contents of his affidavit.”
The words, “We the people of Lincoln County,” also must be removed from the petition, noted Lauer — “As you cannot speak for all the people of Lincoln County,” Lauer said.
The recall group has stated that it will, regardless, resubmit the petition.
If the petition is approved, Emerson and the recall group may begin circulating the petition.
The group has three months from the time of approval to obtain the valid signatures of 15 percent of Lincoln County registered voters — or 1,946 signatures.
Lauer's office will check each signature for validity.
And if those signatures come back, the petition will be given to an attorney for review once again , this time to examine it for substance.
Anderson has repeatedly denied the group’s allegations.
“The allegations are all false,” he said. “I don’t know where they get it.”
“There’s probably a stack of reports 12 inches high,” he added, to follow up on every lead on the alleged crimes in question.
Anderson has also said that the weapons permit referred to in the petition was denied because the applicant was involved with the Freeman uprising of 1996 in Eastern Montana. The deputy in question in the petition was hired on a temporary basis.
Anderson noted that by the time anything could happen as a result of a petition, he will be retired anyway.
“As far as I’m concerned, they’re just wasting their time,” he said.
While contending that the allegations are false, Anderson said that he has no plans to sue the group for libel.
“I know I could, but what are you going to get?” he said.
“They ought to be careful,” he added. “Because what they are doing is right on the edge of obstructing justice.”
Calls to the recall committee for comment were unanswered.