Kudos to David Postman of the Seattle Times for interviewing Kenny Foulkes, of Foulkes v. Hays fame, the Supreme Court case that Rossi relies upon to argue that the gubernatorial election should be set aside.
In a 1974 Adams County Commissioner race, the court determined that a number of ballots had been fraudulently altered between counts. The election was set aside due to fraud, even though the number of known, altered ballots was less than the margin of victory. The court wrote, “the irregularity was such that the actual result of the voting could not be ascertained.”
Democrats argue that Rossi’s attorneys have failed to provide any evidence of fraud, making the Foulkes standard irrelevant. And apparently, Foulkes himself agrees.
Foulkes wishes his case would make the difference. He’s a Rossi supporter, but thinks his precedent may not help.
“It’s a tough one to prove because they may not be able to prove fraud like me,” Foulkes said.
Yup… fraud is a helluva lot tougher to prove than it is to allege.