Posted on 02/04/2005 8:25:17 AM PST by mdittmar
SEATTLE -- Could the fate of the Washington governor's election really hang on a question of sentence structure?
Possibly, yes.
On Friday, Chelan County Superior Court Judge John E. Bridges will study sentence structure, along with many other legal arguments, as he considers motions to dismiss the Republicans' legal challenge to the governor's election.
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 162 votes and won a machine recount by 42 votes. But to his dismay, the third and final count flipped the victory to Gregoire.
Over the past 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. Many Republicans in Olympia are quick to mention "Governor Rossi" at every opportunity.
Friday's hearing will determine whether Rossi's case will go forward. Rossi sued the state and all 39 counties in his election challenge, filed in Chelan County Superior Court.
The state Democratic Party intervened in the case and on Friday its lawyers will tell the judge why they think the case should be dismissed.
One of their main arguments is 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 says. "This is the only plausible answer to the question of which body may decide an election contest for Governor."
The Democrats' brief analyzes the sentence structure in further detail.
The Republicans' response argues just the opposite, saying the words "as shall be determined by law" clearly delegate the task of election challenges to the courts.
More grammatical discussion ensues, including case law on the use of antecedents.
"This Court should give the words of the Constitution their plain meaning," the GOP brief says. Plus, the lawyers add, "It makes good sense to have election contests in the impartial and nonpartisan courts rather than in the legislature."
On that point, at least, the secretary of state and many legislators agree. Attorneys for Secretary of State Sam Reed, a Republican and a defendant in the lawsuit, agree that the proper place for the election challenge is the court, not the Legislature.
The Republicans' court filings include floor speeches and e-mails by Democratic legislators explaining that they would not delay certification of Gregoire's election because they believe the courts, not the Legislature, should handle the election challenge.
In a typical e-mail, Rep. Pat Sullivan, D-Mukilteo, wrote to a constituent pressing for a revote: "I believe every election should be decided by the voters. But if there are concerns that fraud or gross errors occurred, the impartial courts should look into the allegations, not the partisan Legislature."
However, the judge will probably care more about what the state constitution -- not the current Legislature -- has to say about jurisdiction.
At Friday's hearing the judge will also consider the Democrats' motion to dismiss the case based on improper venue, or failing that, to change the venue to Thurston County Superior Court or the state Supreme Court.
Republicans dismiss that motion as a stall tactic. Attorneys for the secretary of state say the judge might as well keep the case in Chelan County since it's already gone this far.
If this judge rules against the GOP can they appeal?
I have little hope the judge will do the right thing in this case. Judges in this country often reject the law in favor of their (usually Democrat) party affiliation.
Yes,I think it will end up in State Supreme Court either way.
ping
Country, yes, county, no. Chelan county is way more Republican than Democrat. Wait and see, I guess. Either way, it's going to the state Supreme Court.
There it will either happen or it won't.
In January 2000, Bridges overturned the Wenatchee mayoral election after finding that the winner, Gary Schoessler, hadn't lived in the city for one year as required by law.
And last March, Bridges threw out a recall effort against a Chelan County Public Utility District commissioner, saying the charges were "neither legally nor factually sufficient."
Those who know Bridges say the gubernatorial case is in good hands.
"Both sides will agree in the end, whether they win or lose, they got a fair shake with Judge Bridges," said attorney Bob Van Siclen, who represented defendants in the notorious Wenatchee child sex-abuse scandal and sued the city and county over officials' conduct.
I'm keeping my fingers crossed, but I highly doubt that Gregoire is going to be extracted from office at this point. The devil is throwing a bone to Democrats after they lost the presidential race.
I hope it does go to the Supreme Court of Washington. And if it doesn't get settled there, take it to the SCOTUS. I am grateful that the Republicans in Washington have the guts to fight this travesty of an election.
to the 9th Circuit?
I'm not sure the federal courts will touch this.
I suspect that the Republicans may have taken a page out of the 'rat playbook and gone shopping for a friendly judge. Note the 'rat motion for a change of venue.
I know.
Sentence structure?? Does that mean if verb tense doesn't match they lose, or end a sentence with a preposition?
No, they're not all democrats. Not by a long shot. While I'm not convinced that they have the stones to turn out a sitting Governor, I do think that the case will get a fair constitutional hearing.
The hearing will last about 15 minutes. This bunch is not going to overturn the election. They simply will not. I work in a law office and thus have the opportunity to see, hear and read opinions of this court. All my conservative attorneys believe this court to be wholly liberal, thus liberal views, screw conservatives, the people, and their views. They will support who elects them and that is the socialist democrats. We are simply out numbered here by them.
Who is this lightweight on KING5 right now? I am watching on my desktop.
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