One of the more curious rhetorical choices coming out of today’s press conference from Dino Rossi’s Charlotte Bellevue headquarters, was former-Senator Slade Gorton’s odd attempt to point to North Carolina as a role model for setting aside an election whenever the margin of error exceeds the margin of victory.
In a hotly contested Agricultural Commissioner race that saw the Democratic incumbent defeated by only 2,287 votes out of 3.3 million cast, the North Carolina courts ordered a new election after it was revealed that Carteret County had accidentally erased 4,438 votes from electronic voting machines. (Oops.) The decision came despite that fact that Carteret split 60-40 for the Republican, suggesting that these missing votes would have only added to the margin of the winner. Gorton uses the North Carolina example to support his argument that if the GOP can prove there are more illegal or improperly canvassed ballots than Christine Gregoire’s 129 vote margin, her election should be tossed out too.
Problem with that argument is… we don’t live in North Carolina.
At the risk of boring you with more wonkish legal stuff, take a look at the pertinent section of the North Carolina election statute:
Richard Pope spews:
So how are the courts going to interpret “appears”? The legislature could have used “proven”, but instead chose “appears”.
As for “illegal votes”, the RCW definition and language used in other sections of Chapter 29A.68 RCW would suggest that an “illegal vote” is one cast by an identifiable person who was not eligible to vote.
If you simply have more ballots than identified voters, then that would not fall within the narrow definition of “illegal vote”. Just like the voting machine erasure in North Carolina did not result in illegal votes.
If we had the exact example from North Carolina, then a court could still order a statewide revote in Washington. Erasing legal voters is quite different than ineligible people illegally casting votes.
King County has 1,565 more ballots than voters — including 348 provisional ballots that were simply fed into the machines, instead of being placed into envelopes for validation. Even if these are allocated by each candidate’s percentage in King County, this would add over 280 votes to Gregoire’s margin. So even if Rossi has a high hurdle to meet, he will meet this if King County still cannot explain who cast these 1,565 unaccounted for ballots.
Wayne spews:
Richard:
It does not appear to me that the burden is on King County to prove or explain anything. The challenger has the burden of proof.
If the 1565 votes don’t fit within the definition of illegal votes under the statute, then how can the court use them in the contest as you suggest? More than likely, most of these votes are from legal voters that somehow got skipped, miscounted in the poll book or some other human error. I know some of the Republicans want to presume that the extra votes are stuffed ballots, but lacking any actual proof of that, I don’t see how the court could make the calculation you suggest.
Josef spews:
I like Richard Pope’s post. Seems as if he’s going to have to take over for me as the more rational defending of Dino – since I’m getting incredibly hoarse. Best of luck – you’ll need it!!!
What Goldy (and many, many others) fail to realize is that while we taxpayers have to account for EVERY penny and then – by force – fork over some of that to the gov’t. We do so for good reasons and I am no fan of Eymanism, but we also ask that those whom are stewards over that money are honestly elected. When you have a margin this close, the elections department has to be perfect.
Now, to all of you: a) Tell me what is wrong that “Every ballot have a voter”? b) Tell me what is defensible about altering ballots? And c) Is your answer to a & b dependent on whom is to benefit from those principles?
jim p spews:
Dearest Joseph, for the last two months you have gotten on your knees for Pope’s and Mr. C’s comments. And you have the audacity to ‘think’ you are a Democrat? You are nothing but a trivial bore looking to make the grade at unsoundidiotics and the likes. Why don’t you stay there and at your EMPTY blog?
bby spews:
Wenatchee/Chelan —–ring any bells?
Location of perhaps the darkest pages of judical incompetence and shame in Washngton State history.
About ten years ago several dozen adults, including moms and dads and other family members were sent to hard time prison in a large spread alledged child sex ring scandal.
A dozen young children were intimidated by police to testify that orgies invloving dozens of people and many kids happened all over the town several tiems a day……and so forth. They testified against their parents, brothers, and ministers.
Folks went to max long sentences at state prisons, of course all this presided over by the local judiciary. Kangaroo trials is the best description.
After years of puzzling quesions, the Seattle PI ran a series of stories, and several Pudget sound legal challenge projects intervened. Appellate courts overturned and admonished.
It was all fictious, cop shop pressure, and bad – nut case- prosecuters and judges.
After 4-5 years all sentences were thrown out, the kids addmitted they lied, cops left town – it was an amazing saga of failed justice of the most heinous sort. Out of control courts does not begin to describe the mess.
This why the court case went to Chelan/Wenatchee. Total judical incompetence – in the midst of a right wing delusional population that could believe that the neighbors kids all over the city were being traded in giant rings of sex offenders- including moms and dads- morning, noon and night.
Scary.
bby spews:
Use google —wenatchee sex — many resources.
“Involved 43 adults, 60 children and 29,726 alledged cases of abuse”— “some of the children alledged to be involved were infants”
Mr. Cynical spews:
Wayne-you said it…the 1565 extra votes are the result of ERRORS by ELECTION OFFICIALS.
The Lefty’s complaining about Chelan County is a clear example of the KingCO arrogance that gave us these election results.
I believe some of the Republican surge was Rossi was a fine candidate. Lots of Dem Legislators really, truly liked him when he served. A big chunk however, was “I hate Gregoire” votes…she is not a likable person and her track record as AG had some ugly bumps like the missed deadline that cost us $18 million but worse yet the aftermath where she tried to blame a staffer and it backfired costing us taxpayers another $800,000 which Gregoire claimed a “victory”. If that doesn’t show you clearly something is wrong with this lady..C’mon.
Oh and not unimportantly is the perceived need to change control of the Governor’s office after 20 years of rule by 1 Party. Look at what Gregoire is already shown she will do…retain some of the same entrenched bureaucrats heldover from Locke and prior.
Lots of people wanted a fresh start.
More will want a fresh start in a revote.
Dave spews:
Look at what Gregoire is already shown she will do…retain some of the same entrenched bureaucrats heldover from Locke and prior.
Funny, the AP describes them as the “outgoing governor’s most visible and best-liked veterans.”
http://seattlepi.nwsource.com/.....nts08.html
Entrenched is a better word to describe the Texas Republican party.
Josef spews:
Comment by bby— 1/8/05 @ 5:53 am
Yeah, well I don’t like it either. A better county would have been Skagit.
DCF spews:
Goton’s a fisherman!
Well, bye, I’m off to a 35th Legislative District meeting in Shelton.
jcricket spews:
Wayne-you said it…the 1565 extra votes are the result of ERRORS by ELECTION OFFICIALS.
I sincerely hope Cynical is the Republicans lawyer. I’d like to see him argue this way in court with so much evidence to the contrary, like the fact that the actual election experts have categorically stated that the vote discrepancy if not evidence of extra votes. If you want Chelan to rule poorly in the Wenatchee sex scandal you’re going to have to start manufacturing some better evidence and witnesses.
Cynical believes if he repeats something often enough it becomes true. Good strategy in the court of public opinion, bad strategy in actual court.
jcricket spews:
(rule poorly like in the…)
jcricket spews:
Goldy – what Gorton should be pointing to is the example in Kentucky. That’s what he really wants. Despite a judge ruling that the Republican candidate didn’t meet the requirements for becoming a senator, the Republican controlled senate decided to break the law (which I’m sure they had a hand in creating in the first place) and seat their candidate anyway.
Rossi’s hoping that the judges or legislature break the law and void the election and/or just seat him. Too bad the Republicans don’t control the legislature in WA :)
WesternFlyer spews:
Goldy,
Your analysis is correct. But take it several steps farther. Gorton is spouting in the P-I on Sat. that an election can be set aside on the basis of mistakes/errors. The RCW is quite a bit narrower, requiring bribery by the candidate, illegal votes, etc. Mistake/error is not enough. Second, the Rs point to people who did not vote. Those are not “illegal votes.” The focus in a contest under Washington law (not NC or some other state) is on the votes of people included in the count, whether they were illegal votes, and whether those illegal votes amounted to a hill of beans. The focus in the RCW is not on the people excluded from voting.
Personally, I think this focus in an election context (on those who voted, not those who did not vote) is wrong. It could well be critical whether voter suppression dissuaded voters from voting. But I see no ability to challenge that under Washington State law by focusing either on (a) people who did not vote or (b) mistakes/errors. It is up to the legislature to change what the RCW currently provides.
Chuck spews:
sweet Chrissy says she wants to start the healing prosess….does that mean she is going to turn down the governorship or ask for a revote?
bby spews:
DCF- good for those in the know
Chrisine G spews:
Hi Chuck –
Why don’t you wait and see what our governor does to start the healing process.
It may be something along the lines of listening to the voters who didn’t want her in, and taking their views into account, and governing from the center.
Or, trying to explain in clear terms the actual functioning of state law (as Reed as been doing) to dispell the paranoid rantings of the Republican party faithful.
I doubt it means a revote. That wouldn’t heal. That would just give in to the radical right who have no respect for the rule of law, and encourage more dirty propaganda campaigns.
Chuck spews:
Or, trying to explain in clear terms the actual functioning of state law (as Reed as been doing) to dispell the paranoid rantings of the Republican party faithful.
I doubt it means a revote. That wouldn’t heal. That would just give in to the radical right who have no respect for the rule of law, and encourage more dirty propaganda campaigns. >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
Well first of all we are following the rule of law in trying to get this election (along with an inaccurate handcount) thrown out. Secondly her governorship will always be in question without a revote.
Wayne spews:
One of the 3 Chelan judges is a Locke appointee who worked for Gregoire in the AG’s office. She will have to recuse herself. The other two are veteran judges who did indeed make mistakes in the Wenatchee sex cases. Don’t know much else about them.
Christine G spews:
Hi Chuck –
I have yet to hear anyone suggest that Rossi has a good chance of winning. It is a frivolous lawsuit.
It is also pointless. There is a certain amount of uncertainty in the system. If we have a revote, there will still be a few people who vote their dead wives absentee ballots, temporary election workers who make mistakes, etc. The revote isn’t more accurate than the original vote.
The only purposes of this frivolous litigation are to undermine the legitimacy of the legally elected governor and the position Rossi as a martyr for the party faithful. You’re being played.
by HowCanYouBeProudtobeAnASS spews:
Hi Chuck – Why don’t you wait and see what our governor does to start the healing process.
It may be something along the lines of listening to the voters who didn’t want her in, and taking their views into account, and governing from the center.
Or, trying to explain in clear terms the actual functioning of state law (as Reed as been doing) to dispell the paranoid rantings of the Republican party faithful.
I doubt it means a revote. That wouldn’t heal. That would just give in to the radical right who have no respect for the rule of law, and encourage more dirty propaganda campaigns. -Comment by Chrisine G— 1/8/05 @ 11:25 am
Or, it PROBABLY means that she is just “clever” enough to go ahead and use TAXPAYER MONEY for her little “healing” road trip on the very good chance she needs it to be a REVOTE campaign trip. That folks across the state easily recognize this barely veiled trick most certainly will be “healing”.
TJB spews:
Hi Christine – “I have yet to hear anyone suggest that Rossi has a good chance of winning. It is a frivolous lawsuit.”
Whether Rossi wins or loses the contested election it will be based on the merit of his lawsuit. Are you willing to support the outcome whatever that might be? I am!
Richard Pope spews:
Comment by Wayne— 1/8/05 @ 12:02 pm
The Locke appointee might actually be the best judge for Rossi. She really was one of the most competent people that could have been named to fill the vacancy from Chelan County. She was initially hired by Eikenberry in the AG’s office. Whether she has to recuse herself is a god question. Justice Mary Fairhurst was an assistant AG under Gregoire, but she didn’t recuse herself from the recent Supreme Court cases. Why should Judge Lesley Allan recuse herself or not?
As far as the blame for the Wenatchee injustices, the good guys and bad guys cut accross party lines in each instance. The prosecuting attorneys in both Chelan and Douglas Counties, who charged these people, are Republicans. But these children were taken from their families also, which required Child Protective Services (a division of state DSHS) and the AG’s office to pursue those cases in court. And the AG’s office and DSHS were controlled by Democrats during the relevant time period.
Opposing this injustice were both Democrats and Republicans. Two GOP Chelan County commissioners, Earl Marcellus and John Wall, spoke out against this. John Wall was defeated by a pro-injustice Republican in the 1996 primary. Earl Marcellus was defeated by a pro-injustice Democrat in the 1998 general election. A local pastor, Roby Roberson, who was acquitted of false charges, became very active in GOP politics as a result. At the same time, a number of very liberal Democrat lawyers from Seattle took up the cause of the unjustly accused, acting on their true principles, instead of blind loyalty to the Democrat regime.
As a result of this scandal, and other factors, Chelan County has turned heavily Republican. All three of the pro-injustice county commissioners (including a Democrat former sheriff who took the other position in 1996) have been defeated or retired, and replaced by fairly conservative Republicans. No Democrat holds county office in Chelan County these days. However, Gary Riesen, the GOP prosecutor who has been in office since 1985, remains there.
The Wenatchee scandal is not the basis for partisan name-calling. It is the sort of injustice that no one should want, regardless of political beliefs. If one stays true to their principles, whatever they may be, instead of blindly following the leadership, these kinds of injustices can and will be defeated.
Chrisine G spews:
Hi TJB-
Of course I will accept the rulings of the courts in Rossi’s suit.
TJB spews:
Fair enough.
bby spews:
Richard Pope – thanks for the good essay/summation. I remember the long time it took for injustices to be reversed.
I smelled a rat in the early days of the prosections. One of the best statements was made by a visiting fact finding Judge designated by the appellate courts. He said ” the whole situation defied common sense or common experience.”
All of us who are close observers of human nature – its ingeients good and bad – do have good measures of common sense.
AND, for an arch R’ you gave Gary Locke high credit for the judical appointment. Careful, violates all the wing huff and puff about the Locke years.
Thanks again, Richard,
John spews:
is a god question
Oops was that a slip?
Sorry couldn’t resist.
WesternFlyer spews:
From the Democrats:
1. There is no statute or case precedent authorizing a revote in a gubernatorial race.
2. The Washington Constitution has several provisions relating specifically to the elections for the office of governor. These provisions make it clear that gubernatorial elections can occur only (1) at the same time as members of the legislature are elected and (2) at general elections, which occur in November.
a. First, the Washington Constitution requires that the governor be elected “at the same time and place of voting as for the members of the legislature”(Article III, section 1). Further, the Constitution sets “the first Tuesday after the first Monday in November” as the date for electing members of the legislature, “unless otherwise changed by law.” (Wash. Const. art. II, § 5). The Constitution further provides that the governor’s term of office must begin “on the second Monday in January after the[] election until otherwise provided by law.” (Wash. Const. art. III, § 4).
b. Second, the Washington Constitution requires governors to be elected at a general election. In general, statewide executive offices cannot be filled by special or other election if left vacant during the constitutionally prescribed term. For example, in the 1910 case Fish v. Howell (59 Wash. 492, 498) the court ruled elections for Secretary of State can only occur at the general election held every four years. For the office of governor, the Washington Constitution has a section specifically addressing what should occur if a person “regularly elected to the office of governor” does not take office or is removed from office (Washington Constitution. Article III, § 10). It lists which state officer would succeed to the office of governor instead of the person regularly elected, and it says that person holds office until “a governor be elected and qualified; and if a vacancy occur more than thirty days before the next general election occurring within two years after the commencement of the term, a person shall be elected at such election to fill the office of governor for the remainder of the unexpired term.” Thus, if a situation arises in which there needs to be an election for governor at any time other than the regular election every four years, the election still must be at a general election, which occur in November.
3. Although the next general election is November 2005, the next general election at which legislators will stand for election is November 2006. It would require amending the constitution for the Governor to be elected separate from the Legislature. A Constitutional amendment requires approval by 2/3 vote of each house of the legislature and the people would have to approve the amendment at the next regular general election in November 2005 (Washington Constitution, Article III, Section 1). Even if the Legislature voted to amend the Constitution, there could be no “re-vote” this year.
4. Cases involving officials other than statewide executive officers are not relevant for several reasons. First, the Washington Constitution states that contests for statewide executive officers shall be determined “by the legislature,” not the courts (Washington Constitution Article III, § 4). Second, any inherent Constitutional power a court may have to order a new vote in an election is necessarily limited by the Constitution’s specific provisions for gubernatorial elections. Finally, to distinguish the 1983 special election for U.S. Senate cited by Gov. Evans, elections for federal offices are controlled by the U.S. Constitution, rather than the Washington Constitution, and hence are subject to entirely different rules.
5. Even if the Constitution did not bar a “re-do” any bill passed to enable a revote would require Governor Gary Locke to sign the bill into law. Governor Locke has already indicated that a “revote” is wrong for the State of Washington. It would take a vote of 2/3 of both house of the legislature to overcome his veto. (Washington Constitution, Article III, Section 12).
bby spews:
Richard – forgot to point out that my take is simply that two of the hacks who call them selves judges in Chelan county, and did preside over this shamful debacle, are still on the bench.
I would not wish a dog a day in court – depending on their very flawed judicial prowess for a well handled case from the bench. Disgustingly incompetent fellows – suprised the community did not chase them out of office. Of course, as you point out, they are Republicans in a highly Republican county.
And don’t tell me the politics of Judges is political mystery.
Terry J spews:
Most voters do not find the election results believable, and most of them are only aware of what is reported in the papers.
What have the papers reported? King County’s amazing ability to find more votes on 9 separate occasions, stating with the 10,000 or so absentees. The rules were changed by the County, and the Democrat’s suit secured a Supreme Court judgment that rule changes were OK, but only for King County. Dead people are voting, and the election workers are said to have told one widow to go ahead, who’d know, although some officials deny their workers would ever say such a thing. Then there was the ongoing commentary of the Democratic Party leaders, including their announcement of the the results before the County’s announcement. A lot of people took this as the Democratic Party bragging about how easy it was to tailor the outcome in King County, in broad daylight, with the media watching.
King County elections officials have repeatedly said that they can’t count, and there will always be more votes than voters, except when there are more voters than votes. The reconciliation needs to be done at the precinct level, something less than 1,000 votes.
For a majority of voters in the State, King County has managed the remarkable feat of duplicating, or perhaps simulating, the “look and feel” of election fraud.
It matters not whether Rossi has 261 more “votes” or 129 fewer “votes”, the actual winner is unknowable due to the incredibly sloppy administration of this election by the responsible elected officials.
Please note that a Republican candidate should not be a serious contender for Governor in Washington.
The problems detailed in King County may also apply in all or some other Counties, especially Pierce, Snohomish and Thurston.
The system needs to be fixed before another election.
The Democrats took advantage of the provisions of the law, and now the Republicans are taking advantage of the law. Good for both of them.
Now let’s have an election we can believe in. No felons, no dead people, no accidental unverified provisional ballots, same number of voters as ballots, and lawfully registered voters only.
TJB spews:
Amen Terry!
Wayne spews:
Terry’s comments are proof that the “Big Lie” works, because most of the things he reports are simply not true.
For instance, King County didn’t find 10,000 absentee ballots. On or around the day after the election, it estimated how many absentee ballots would be returned based on its estimate of turnout. Turnout was high and its estimate was low, as were other counties like Franklin and Benton. When the number was adjusted, Rossi supporters fumed about extra ballots being found, but it was nonsense.
The Supreme Court did not rule King County could change the rules. The Secretary of State said King was following the rules that had always been in place and the Court said that was okay.
These are just a couple of examples of spin versus what actually happenned.
Its easy to make wild accusations. Its harder to prove them in court. Thats why I think Rossi is going to lose the election challenge.
Josef spews:
Yet again, you can’t answer my questions. Copied below:
a) Tell me what is wrong that “Every ballot have a voter”?
b) Tell me what is defensible about altering ballots?
c) Is your answer to a & b dependent on whom is to benefit from those principles?
Wayne spews:
Every ballot did have a voter, but with almost 3 million ballots, they can’t track back every voter. The statutes don’t require the 100% reconciliation Rossi is seeking.
It depends how the altering is done. I realize many, usually Republicans, don’t like pollworkers determining voter intent. Yet it is required under the system we have now. If a voter circles the candidates name or puts an “X” through the bubble instead of filling it in, how can the canvassing board fix the vote to be counted by the machine? They fill in the bubble. There is no other way to do it that I am aware of.
As for covering extraneous marks on overvotes, my understanding is they used redacting tape, which can be easily removed.
DCF spews:
Timmy Sheldon, the Democrat turn-coat had better watch out, since he’s come out of the closet as a Dinocrat, and holds two Washington state offices simultaneously, he’s walking on thin ice with voters in the 35th District! Forewarned is forearmed!
Josef spews:
Comment by DCF— 1/8/05 @ 10:14 pm
Good point. I think he’s a wild one.
Josef spews:
Comment by Wayne— 1/8/05 @ 9:30 pm
#1. If you cannot reconcile the ballots, then how do you know that “Every ballot did have a voter” and there was no vote fraud? I mean, how do you know?
#2. What is actually legally required is that a blank ballot is yanked out and filled in properly with trackback to the original.
#3. Go to http://pullonsupermanscape.typ.....ra_29.html and read the PDF declarations – sworn under oath – as to the real nature of the alterations. Frankly, the court trial will clear this up.
But thanks for trying Wayne.
bby spews:
Terry – how do we purge the Sate of old timer R’s who voted their deand wives? Curious, cause I don’t speak their language.
M spews:
If Tim Sheldon is now holding TWO offices, he must be liked in his district
M spews:
Dave,maybe they’re well liked because they cater the most to the special interests in Olympia.
Yellow Dog Cem spews:
Interesting twist on the Rossi-Revote bid. It might not be constitutionally allowed at this time. The WA Constitution says:
WASHINGTON SATE CONSITUTION
SECTION 1 EXECUTIVE DEPARTMENT.
The executive department shall consist of a governor, lieutenant governor, secretary of state, treasurer, auditor, attorney general, superintendent of public instruction, and a commissioner of public lands, who shall be severally chosen by the qualified electors of the state at the same time and place of voting as for the members of the legislature.
Arizona Daily Sun
Rossi challenges governor’s election
By ELIZABETH M. GILLESPIE
Associated Press Writer
01/08/2005
“No court will find this election should be set aside,” said Democratic Party attorney Jenny Durkan. Even if illegal votes were cast, she said, “it would not change the outcome of the election.”
But Durkan said there’s a big difference between a county commissioner race and the governor’s election. The state constitution requires that the governor be chosen in the same election as state legislators, and only in a November general election, she noted.
She said a revote would first require a statewide vote on changing the state constitution next November, and then an election in November 2006.
Terry J spews:
Wayne posits the “Big Lie.”
Wayne says “For instance, King County didn’t find 10,000 absentee ballots. On or around the day after the election, it estimated how many absentee ballots would be returned based on its estimate of turnout. “
On November 15 the the Spokesman-Review reported “Christine Gregoire’s strongest county, King County, is expected to announce within half an hour that it had thousands more uncounted votes than expected. Elections officials there began the day thinking they had up to 11,000 votes left to count. But it now appears that there were about 21,000 votes left. “ http://www.spokesmanreview.com.....1115154918
The Seattle Weekly reports on Dec 22 “The outcome of the gubernatorial election teeters on hundreds of votes lost and then found in King County’s still-flawed counting process. “ http://www.seattleweekly.com/f.....s_buzz.php
King County wanted to turn a re-count into a re-canvass. One judge said no, end enjoined them from doing so. The Supremes said sure, go ahead. By then everyone else had certified the re-count, so the decision only applied to King County. Requests to the other counties to re-canvass under the same rules were refused.
I certainly hope Wayne does not bank with anyone who uses the King County rules for bank account reconciliation. He’d be rich one day and bankrupt the next.
bby asks “Terry – how do we purge the Sate of old timer R’s who voted their deand wives? Curious, cause I don’t speak their language. “ Easy. Take the monthly report from vital records of deaths for the county and compare it to the voter list. If the deceased registered as an R, you remove them from the voter role. If they were not an R, leave them on the role. You could even enter a change of address at the same time. Ought to be a fairly simple little program.
One more time, Republicans have no business being competitive in elections for Governor in Washington. The issue is not making sure one candidate of the other “wins”, the issue is can the voters have confidence that elections are conducted fairly and properly.
King County (and probably others, but King got all the attention) has conclusively proven that they cannot be trusted to conduct an election that is remotely close. The system is broken and needs to be fixed. Defending King County and their demonstrated incompetence is pointless when even the Seattle Weekly is snickering at them.
WesternFlyer spews:
Yellow Dog Cem,
There are other arguments from the Washington State Constitution why the so-called revote does not work. See post 28.
My core arguments are two:
(1) In Washington State election law, the bases to contest an election are quite a bit narrower than Rossi supporters would like.
Mistakes/errors are not enough, and the exclusion of voters is not recognized in state law. Take the “issue” whether there were unverified provisionals counted in one or more counties. The burden is no the challenger to show that those provisions were (a) “illegal votes” and (b) that they amount to something decisive. Each vote could have been cast by voters validly entitled to vote under our election laws.
Before you even get to a contest in the courts, you have got a looming Constitutional separation of powers issue in that the State Constitution says the contest of the election of the Governor is determined by the legislature (not the Chelan County Superior Court or any other court). The State Constitution is the bylaws that we as a people operate under. It cannot be changed without the necessary vote of the people.
(2) Even if Illegal Votes are Determined by the Legislature, What Remedy Can the Legislature Enact Short of Each of Them Agreeing to Re-run his/her own election in 2005?
I don’t know what remedy the legislature would order if it determines that there were “illegal votes” (not mere mistakes/errors). A new election for Governor–not county commissioner–cannot be held under the Washington State Constitution until November 2006, unless the entire legislature enacts a bill (that, after Monday, Governor Gregoire signs) under which they each legislator agrees to re-run their own elections in a General Election in November 2005.
* * * *
My big fear was that Dino could have conceded on Christmas Eve. He would have looked noble and set himself up well for a future race. But he was pushed by Chris Vance to continue to fight a losing battle. He did not clearly think through his endgame. He has filed a court action in Chelan County (which, one can easily note is not the legislature) and is seeking a “re-vote” which could not occur until November 2006 . Well, it is just as well. If people who want to be leaders cannot think 3-4 steps ahead (e.g, pitiful John Kerry is a great example), we should know it sooner, rather than later.
Terry J spews:
Terry – how do we purge the Sate of old timer R’s who voted their deand wives? Curious, cause I don’t speak their language.
Comment by bby
Easy: Compare the county death records with the voter records each month. For each deceased voter, see if they registered as R. If yes, delete, if no change address.
See, real simple. ;>)
DCF spews:
-M, Timmy Sheldon holds two offices because he’s a liar. First he gets elected to the state Senate as a Democrat, then he supports Bush and Rossi in the last election, while running for Mason County Commissioner. Now he wants to hold both jobs, which is completely undoable for a liar, or even a strait talker for that matter.
Josef spews:
Comment by Terry J— 1/9/05 @ 8:38 am
Well said.
Martin Gazelle spews:
When did party registration start in Washington State? I hear references to it often? Plain ignorance or did I miss this big change in things….
Martin Gazelle spews:
Commenting on Kerry – My ideal ticket was John Dean and Barbara Boxer or Diane Feinstein.
Kerry and Al need to go the same drinking club in a DC basement and talk about how they don’t know what went wrong. Both ran horrible campaigns for 2/3 of the race…..still wonder why Kerry thought digging up all the very strong agnst about Viet Nam would work for him. Spent 30 years as a nation trying to forget those sorry/divisive years…..utter stupidity.
I personally liked Theresa but got tired of her upstaging Mr. Kerry. Rich people mostly have giant ego problems, the center of all those surrounding them. Americans do not elect the first lady – they resent being asked to.