From records obtained this week by the Grants Pass Tribune, the Oregon Secretary of State has formally accepted and opened a new investigation into now former Josephine County Commissioner Chris Barnett, focusing on alleged false statements submitted in official election documents during the county’s recent recall election. The action represents a separate investigation tied to Barnett’s conduct during the recall process and carries potential legal consequences independent of the election’s outcome.
According to correspondence from the Elections Division of the Oregon Secretary of State, the investigation stems from a detailed complaint alleging that Barnett made factually incorrect statements in a SEL 352 Statement of Justification, a sworn election filing that was printed directly on ballots mailed to voters for the January 6, 2026, special recall election. State officials confirmed that at least one allegation within the complaint met the threshold for investigation under Oregon election law and is now under active review.
The complaint was filed by a concerned Josephine County resident who alleged that Barnett collaborated with former Commissioner Andreas Blech to produce and distribute a written rebuttal to their recall petitions in September 2025. That document, described by its authors as a whitepaper, was circulated publicly and presented as a factual explanation of the commissioners’ actions and performance in office. The complaint contends that the whitepaper included multiple statements presented as fact that were not supported by county financial records or official data.
After recall petitions against both commissioners were certified by the county clerk in early December 2025, Blech resigned from office. Barnett chose to contest the recall and submitted a SEL 352 Statement of Justification, which Oregon law allows officeholders to file so voters may review their response alongside the recall question. The statement was reproduced verbatim on official ballots sent to every voter in Josephine County.
The complaint alleges that Barnett’s SEL 352 filing repeated several factual claims from the earlier whitepaper, including statements related to budgeting practices and claimed taxpayer savings. Unlike campaign materials or opinion pieces, SEL 352 filings are official election documents subject to specific legal standards. The form itself contains a warning that knowingly supplying false information may result in felony charges, fines of up to $125,000, and potential prison sentences of up to five years.
In a written response dated January 9, 2026, the Elections Division confirmed that it has opened an investigation into Barnett’s statement identifying Josephine County Citizens for Responsible Government as a driver of the recall effort. State officials indicated that this allegation involves a verifiable statement of fact made within an official election filing, placing it within the Division’s statutory authority to investigate.
At the same time, the Elections Division declined to immediately open investigations into other challenged statements cited in the complaint. The agency explained that allegations related to false campaign publications, including the whitepaper itself, fall under Oregon Revised Statute 260.532. Enforcement of that statute is reserved exclusively for circuit courts, not the Elections Division. The Division also noted that it distinguishes between factual assertions and opinion, and that only statements capable of being proven objectively false fall within its investigative authority.
Despite those limitations, the acceptance of any investigation involving a SEL 352 filing is significant. The Elections Division has the authority to impose civil penalties and, when warranted, to refer matters to the Oregon Department of Justice for potential criminal prosecution. Once referred, this would mark the second matter this month in which now former Commissioner Chris Barnett is subject to investigation by the Oregon Department of Justice, as he is already under a separate investigation involving allegations of coercion.
The complainant has asserted that documentation obtained directly from Josephine County through public records requests, combined with calculations published by Barnett and Blech themselves, demonstrates that additional statements in the SEL 352 filing are factual claims rather than opinion. Under Oregon law, decisions by the Elections Division may be appealed, and claims outside the Division’s jurisdiction may still be pursued through civil litigation in circuit court.
The investigation has heightened concerns among local residents about the integrity of information presented to voters during the recall election. Thousands of ballots contained Barnett’s SEL 352 statement, making the accuracy of that filing a matter of public interest rather than political debate. Oregon election law is intended to protect voters from being misled by false factual statements embedded in the election process itself.
Barnett was ultimately recalled by voters, but the conclusion of the election does not end potential legal exposure. Enforcement of election law operates independently of electoral outcomes, and accountability does not disappear when an official leaves office. If a statement is determined to be knowingly false and materially misleading, penalties may still apply.
As the investigation proceeds, the Secretary of State’s acceptance of the case underscores that the allegations are being treated as more than routine campaign rhetoric. With one investigation now formally underway and additional legal avenues still available, the recall of a county commissioner has given way to a broader examination of compliance with Oregon election law and the responsibilities that accompany sworn statements made to voters.