In my previous post I suggested that Rossi’s attorneys would attempt to convince the court to reach outside the confines of the contest statute. Indeed, the GOP petition requests relief in the form of setting aside the election, and claims the court has jurisdiction “pursuant to RCW 29A.68.011 et seq., and the court’s plenary powers,” (it’s the “plenary” part I was referring to.)
The GOP clearly relies on Foulkes v. Hays for precedence, a case in which an Adams County commissioner’s race was set aside due to ballot tampering. Ignoring the Democrat’s argument that the contest statutes do not apply to statewide offices, the Foulkes decision clearly states that the court has jurisdiction over election contests in general.
[1] Appellant’s most basic challenge is to the power of courts to inquire into the conduct of elections and order new elections to correct improprieties therein under RCW 29.04.030 .