Nez Perce County Magistrate Judge Karin Seubert dismissed a protection order action taken by the defendant in an election fraud lawsuit against the plaintiff Thursday.
Heather Rogers obtained an ex-parte protection order June 30 against Steven Martin, who is suing Rogers in an election fraud lawsuit. On Thursday, Martin and Rogers were in Nez Perce County Magistrate Court via the video conferencing web service Zoom for a hearing to see if the protection order would be extended. It was not, and it was dismissed.
“The court determined, after considering the evidence admitted during the hearing, that there is insufficient evidence for the issuance of a protection order,” Seubert’s order said.
Rogers was elected to the Republican precinct No. 1 committeeman seat in early June, but Martin is suing her in 2nd District Court, claiming she did not live in the voting precinct for the requisite period of six months before the election under Idaho code.
Rogers answered Martin’s June 29 complaint a day later by claiming Martin filed too late under Idaho election law. She also filed for the ex-parte protection order.
Martin’s lawsuit asks a judge to declare Rogers’ election “null and void for submitting fraudulent information on her declaration of candidacy.”
A telephone conference in the election fraud lawsuit is set for July 29 with 2nd District Judge Jay Gaskill.
Rogers also has a misdemeanor case for discharging a firearm within city limits pending in Nez Perce County Magistrate Court. A pretrial hearing is set for July 28 in that case.
Rogers organized the Defend Lewiston Second Amendment rally in downtown Lewiston during the Black Lives Matter Peace Rally in Lewiston on June 6.
Rogers is also leading a recall effort against Lewiston City Councilor Bob Blakey because he proposed asking the Legislature to give cities greater authority to regulate open carry of firearms during such protests. Blakey criticized Rogers’ Defend Lewiston rally by saying it made people feel intimidated by all the guns downtown, which led to people staying away from the downtown June 6.
Wells may be contacted at mwells@lmtribune.com or (208) 848-2275.