Asher challenges Cumming’s citizenship

Regardless of Tuesday’s primary results, the election for San Juan County sheriff looks like it’s heading into extra innings.

With two Democrats squaring off in the primary, and no candidates from other parties on the ballot, voters were on course to elect a sheriff Tuesday night.

They will have to wait.

Late Monday afternoon, a supporter of Jeff Asher claimed Asher’s opponent, Sheriff Bill Cumming, is not a U.S. citizen. Cumming is seeking his fifth term as the county’s top law enforcement official. He has been sheriff for 16 years.

Friday Harbor attorney Carla Higginson filed the challenge at the county Election Office. The county Canvass Board is now scheduled to meet Sept. 23 at the courthouse and rule on the challenge.

In the affidavit filed at Elections, Higginson said Cumming’s campaign website said he was born in Canada.

“A check of INS records showed he did not naturalize to become a citizen,” Higginson stated in her affidavit.

Cumming, a U.S. Army veteran who served in Vietnam, blasted the accusation as a mean-spirited campaign tactic and vain attempt to discredit him. Documentation will prove that he is a U.S. citizen, he said, adding that two passports have been issued in his name by the Immigration and Naturalization Service, which requires proof of citizenship before issuing a passport.

“I’ve been a citizen since I was 18,” said Cumming, whose parents emigrated from Canada to Arizona in 1952. “My parents became naturalized citizens when I was child and a minor, and that gave me status as a U.S. citizen.”

At Cumming's request, Congressman Rick Larsen’s office contacted INS officials to clarify passport procedures. The reply, forwarded to Cumming, stated the INS and the Seattle Passport Agency would not issue a passport without proof of citizenship.

But Asher argues issues of proper documentation are more complex than the INS defending its procedures or Larsen office’s inquiries.

Asher said repeated attempts to find records that Cumming’s father became a naturalized citizen failed. He claims Cumming’s older brother recently was denied a passport because he has no record of naturalized citizenship.

“We got a tip a couple of weeks ago and started looking around, but we came away with more questions than answers,” he said. “I tried to sit down with (Bill) to try and resolve it. He got angry and refused to talk about it.”

Higginson’s challenge is the second filed against a candidate this election season. In August, county Auditor Si Stephens ruled County Commission candidate Gary Franco is a District 3 resident. The ruling dismissed Commissioner Rhea Miller’s claim that Franco does not live on Lopez Island.

This year, two-thirds of the county Canvass Board will be sitting on the sidelines when the group meets Monday. Prosecuting Attorney Randy Gaylord and Auditor Si Stephens, who are running for office this fall, appointed deputies to the board. The chairman of the County Commission, currently John Evans, also has a seat on the panel.

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