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http://www.komotv.com/stories/35125.htm

Judge Denies Request To Dismiss Election Challenge

February 4, 2005

By KOMO Staff & News Service

CHELAN COUNTY - A judge Friday denied Democrats' first two motions to dismiss the challenge to Gov. Christine Gregoire's election.

Chelan County Superior Court John E. Bridges made his ruling after Democrats argued that any contest to the excruciatingly close election belonged in the Legislature.

Republican attorney Robert Maguire countered that the state's constitution and state law say the courts - not partisan lawmakers - should hear the case.

"The state of Washington needs an open, transparent, public display of what happened in this election," Maguire said. "Without it, many - and perhaps the majority - of Washington voters will not believe the person sitting in the governor's office truly won the election."

Bridges also rejected the Democrats' argument that the case should go straight to the state Supreme Court, rather than a lower court that can't set legal precedent.

The judge was expected to hear and rule on other motions to dismiss the case later in the day.

Republican gubernatorial candidate Dino Rossi and the state GOP are challenging the election of Democratic Gov. Christine Gregoire, saying the results were tainted by so many errors and illegal votes that the courts should throw out the results and order a new election.

Democrats are defending the election results, saying Rossi doesn't have enough proof to nullify the election and that a revote would be unconstitutional.

Gregoire, who took office last month, won by a mere 129 votes after a hand recount of 2.9 million ballots. Rossi, a real estate agent and former state senator, had won the original count by 261 votes and won a machine recount by 42 votes. But to his dismay, the third and final count flipped the victory to Gregoire.

Since being sworn in early last month, Gregoire has been busy trying to solidify her hold on the governor's office. She's laid out her plans for health care, improving government efficiency and job growth, while working aggressively with the Legislature - and trying hard to ignore the legal challenge to her legitimacy.

Meanwhile, Rossi and his supporters have been steadily beating the drum for a revote. The state Republican Party alleges that hundreds of felons voted illegally.

Rossi sued the state and all 39 counties in his election challenge. The state Democratic Party intervened.

Democrats believe election contests have to go through the Legislature, not the courts. Republicans disagree, though they've filed an election challenge with the Legislature just to cover all the bases.

The state constitution says contested elections for governor "shall be decided by the Legislature in such a manner as shall be determined by law."

"Through this sentence, the constitution imposes a mandatory duty on only one branch of government - the Legislature," the Democrats' motion to dismiss said. "This is the only plausible answer to the question of which body may decide an election contest for governor."

The Democrats' brief analyzed the sentence structure in further detail.

The Republicans' response argued just the opposite, saying the words "as shall be determined by law" clearly delegate the task of election challenges to the courts.

"This court should give the words of the constitution their plain meaning," the GOP brief said. Plus, the lawyers added, "It makes good sense to have election contests in the impartial and nonpartisan courts rather than in the Legislature."

[Me#1You#10]

[GoophyDog]

Bridges is a pretty good judge. He's had some tough cases brought forth and really applies the rule of law to them. While I will be surprised if we do get a revote, I do feel assured that the judicial rulings will be fair and decided on point of law rather than politics.

And yes, I live here.
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Why ask? Because it needs asking.

[LewWaters]

I was reading lately of one argument from the Democrats here wanting to block any chance of a revote. It seems they are now afraid that to have a revote would disenfranchise or dishonor those who passed away after their ballot was sent in or have passed away since the election. Their argument being, those who have died cannot revote and therefore, their votes wouldn't count.

It seems also, at least in King County, the dead have historically voted Democrat, even if they passed away years ago. Still, it doesn't explain thousands of votes more than voters, which apparently, is excusable, as long as they were for Gregoire.

I can only hope the judge does see what has happened and acts accordingly, but hold out little hope for a revote to properly elect a real Governor.
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Clark County Conservative

[MLB]

I guess I'm missing something. Someone please explain it to me.

If Rossi won the first ballot count - I assume a second count was ordered, as a result of Gregoire contesting because the numbers were so close. Do I have that right so far?

And so if Rossi won the second count too - why was there a third count? Gregoire contesting the results again?

And if only after a third count Gregoire had more votes - why is she automatically governor now? I don't get it!

And if the third count would have still shown Rossi having more votes - what would have happened then? A fourth count?

I'm so confused!
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MLB

[LewWaters]

MLB, the vote was very close. Since it was so close, a recount was mandatory and Rossi won that one. Gregoire then wanted a "hand" recount and her party put up the necessary monies for it. Rossi was still pretty much leading by the same slim margin, until King County started "discovering" mystery ballots that had some how not been counted before, they claimed.

In those "mystery ballots," deceased voters have been found, convicted felons who never had their voting rights restored, provisional ballots who no one verified by signature were in fact registered voters (some 350 went through the machines without first being verified and now cannot be determined either way), and other such irregularities. Once again, by technicality, military absentee ballots seem to have been blocked also, this time being King County somehow didn't get them sent out in time for them be returned before the deadline. But, to me, the best of all is how many counties are now facing hundreds more ballots than voters. And, they say it was the best and most accurate election?

Like in Florida in 2000, it still amazes me that counties which are predominatly Democrat seem to have so many "probelms" counting ballots and losing them, only to be miraculously discovered when their candidate is behind.
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Clark County Conservative

[MLB]

Thanks LewWaters -

Somehow I missed that there was a mandatory recount to begin with. I don't know how since I was following that race so closely (I thought). Anyway - I'm glad Rossi is not giving up the fight.
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MLB