The head of the Democratic Party of Oregon filed an elections complaint against Secretary of State Dennis Richardson on Friday, charging that he broke state election laws by using his office to urge voters to turn down a new tax in January.

The complaint presented Richardson with a confounding situation: Investigations sparked by such complaints are overseen and ruled on by the state elections director, who reports directly to Richardson.

In a statement, Richardson acceded to the request of the Democratic Party and asked Attorney General Ellen Rosenblum to rule on the complaint instead. He also called the complaint "meritless."

The complaint submitted by Jeanne Atkins, party chairwoman and herself the previous secretary of state, hinges on whether Richardson pushed for a "no" vote on Measure 101, a pair of health care taxes, in a newsletter his office published Wednesday.

State law allows elected officials to engage in political advocacy while on the job. But an elected official's political advocacy "may not be published" in a newsletter produced or distributed by public employees, according to a state election law manual. The law also bars elected officials from using public resources to promote or oppose candidates or ballot measures.

Richardson sent out the newsletter in question via his .gov email address and posted it to his government website to publicize an audit conducted by his agency. The long-awaited audit of the beleaguered Oregon Health Authority showed the agency failed to prevent or recover millions of dollars in overpayments and that its officials hampered auditors' attempts to access information.

In his newsletter, Richardson linked the audit's findings to the Measure 101 vote. Voters will be asked during that election whether to impose the new health care-related taxes, which the Health Authority will use to help fund Oregon's health insurance program for the poor.

In her complaint, Atkins took issue with Richardson writing in his newsletter: "Soon Oregon voters will be considering whether or not to approve tax increases intended to provide additional funding to the OHA. With such abysmal examples of OHA misfeasance and obfuscation, OHA faces tough questions about its credibility and its ability to appropriately spend the money it is provided."

Atkins alleged that Richardson was in effect telling voters to reject the tax hike. In a statement, Richardson said Democrats filed the complaint to distract from the Health Authority's failings.

"Our Oregon Health Authority audit revealed that in just six months, OHA wasted more than $88 million," Richardson said. "Today, the Democratic Party chair filed a meritless complaint to divert attention from OHA's wasteful spending."

By publishing his newsletter, Richardson may have violated the law, said Jim Moore, a Pacific University political science professor who studies Oregon politics.

"He clearly was referring to the way he thinks people ought to vote on Measure 101. The fact that there's an election coming just doesn't belong in an audit statement," Moore said. "It's not up to the secretary of state to make that connection. That's what campaigns are for."

In her complaint, Atkins also called into question Richardson's relationship with Rep. Julie Parrish, a West Linn Republican who was Richardson's paid campaign manager. Parrish, a political consultant, is a chief petitioner of Measure 101 and the person atop a fundraising committee working to defeat the taxes.

Atkins said the Republicans' ties present a conflict of interest. Richardson has rejected calls from left-leaning groups for him to recuse himself from overseeing the Measure 101 election. He's also said there is nothing wrong with his political and financial relationship with Parrish.

Atkins said Elections Division head Steve Trout, a subordinate to Richardson would normally oversee election law complaints, should recuse himself because of a conflict of interest. Instead, Attorney General Ellen Rosenblum should investigate, Atkins said.

Richardson agreed and sent the complaint to her agency. Rosenblum's spokeswoman said the Justice Department is reviewing it.

Moore, the political scientist, said Oregon's secretary of state being accused of election law violations may be unprecedented. It certainly presents a unique and puzzling ethical dilemma, he said.

If an investigation reveals that Richardson broke the law, he could face a fine. In that event, he could contest the findings with the Oregon Court of Appeals.

Atkins' complaint isn't the first time that she's taken issue with Richardson's approach to his political office. She has criticized her successor in op-eds. And, newly released emails show that in January, Atkins emailed Gina Zejdlik, deputy chief of staff to Gov. Kate Brown, to express disappointment that Richardson fired the secretary of state's human resources director, Jackie Steffens.

"Gina -- I just learned that Richardson fired Jackie Steffens today," Atkins wrote. "What a jerk!"

-- Gordon R. Friedman

503-221-8209; @GordonRFriedman