PORT ORCHARD — The accusation that Kitsap County Sheriff hopeful Jim Rye violated the Hatch Act by accepting federal funds for overtime pay will be resolved in time for the primary, according to the candidate.

“I expect this will be cleared up in the next two weeks,” said Rye, a deputy challenging incumbent Sheriff Steve Boyer for the Democratic nomination. “We’re waiting to hear back from the Office of Special Counsel in Washington. I don‘t expect this will be a problem.”

Rye said the investigation centers around the hours he worked in 2006, since conduct in a non-election year did not seem to concern the Department of Justice.

The Hatch Act disallows federal employees from running for partisan offices, and prohibits anyone paid with federal dollars from running for office. Rye said he was unaware that he was paid by federal funds, since the paycheck for the services came from the county.

He also was unaware of the regulation, saying, “If I had known this was a violation of the Hatch Act, I wouldn’t have jeopardized my candidacy.”

Rye said he thought it was unlikely the DOJ would rule against him, either by forcing him to either retire or ending his campaign. Given that choice, however, he said he would retire and continue his election effort.

“I’ve made a lot of promises to people during this campaign that I would want to keep,” he said. “And I’ve already put in 32 and a half years.”

In a written statement, Rye said, “We didn’t go ask for big dollars to make flashy signs or even hire professional campaigners. All of the work you see on my campaign is done by a committed group of people adamant about change. There is no way I could ever thank them enough for their efforts. All I can do is my best to win in September.”

The primary is scheduled for Sept. 19. The winner will take office in January since there is no Republican opposition.

Rye said he had “no doubt” that Boyer supporters were behind the Hatch Act complaint, and these forces colluded with the Prosecuting Attorney’s office.

“It’s the way they operate,” Rye said of the Boyer campaign.

In a statement, Boyer denied any involvement in the complaint, saying “an individual filed a whistle-blower notification to the prosecutor on their own accord. The Prosecutor’s Office notified the Sheriff’s Office.

“I assure everyone neither my campaign nor I was involved. We have not made any threats, attacks, or dug through files. It was not even on my radar screen. It is not the way I do business.”

“It certainly does not appear to me the Hatch Act was enacted to restrict my employees from running for elective office because they inadvertently worked overtime on federally funded projects,” Boyer said. “I am committed to doing what I can to assure Jim is allowed to continue his campaign while still employed as a deputy.”

Rye and Boyer will not make any joint appearances since law enforcement officers who challenge their supervisors are not allowed to debate, according to Rye.