Posted on 02/04/2005 11:21:16 AM PST by SW6906
Live discussion of the hearings in Chelan County on Dems motions to dismiss the Rossi con test of the governors election. King5.com is streaming live!
Hang on for the media spin. They'll claim a big victory.
I'm trying to find the law, but the legislature's website just went down (naturally).
Thanks for posting this!!!!!
In answer to your question: "if a revote is ordered can the Democrats play calander games to delay it as long as possible?" my take is that the judge can only decertify the election that took place. Upon issuance of such a ruling Gregorie would no longer be Gov. Who would? Good question. I'd say the previous Gov or possibly his Lt. Gov.
The point is that he is only ruling on the election contest. If he rules the election "no contest" then he's done. It's not his job to start figuring out what comes next. Hopefully our laws already provide for that.
He said he would not order a special election. That means there would be a vote/revote in November.
Probably busy re-writing and re-interpreting that law right now before it goes back up.
If the Supreme Court rules the election is invalid, the next election would be in November, which anyone could run in.
The Lt. Gov. would take over until then.
http://www.king5.com/
BREAKING NEWS:
A Superior Court judge has ruled that even if Washington Republicans win their challenge of Democratic Gov. Christine Gregoire's election, he will not order a new election. Details to come.
Is that a definitive knowledgeable statement about the Lt. Gov, or a guess BK?
That we all knew, the question is, if vacated, who gets the seat under Washington law until the next general election?
RCW 29A.68.120
Election set aside -- Appeal period.
If an election is set aside by the judgment of the superior court and if no appeal is taken therefrom within ten days, the certificate issued shall be thereby rendered void.
Will not order a revote,it ain' over yet.
http://www.leg.wa.gov/RCW/index.cfm?fuseaction=chapterdigest&chapter=29A.68
I think the judge's decision is certainly defensible.
The courts have the power to set aside an election, but
the only specific remedy the law mentions is to declare the "losing" candidate elected "[i]f in any such case it shall appear that another person than the one returned has the highest number of legal votes." It doesn't specifically grant the courts the power to order a "revote."
However, if an election must be set aside due to misconduct, but the evidence is insufficient to declare the other candidate elected, the office would be vacant and that vacancy would be filled at the next general election according to law.
SECTION 10 VACANCY IN OFFICE OF GOVERNOR
In case of the removal, resignation, death or disability of the governor, the duties of the office shall devolve upon the lieutenant governor; and in case of a vacancy in both the offices of governor and lieutenant governor, the duties of the governor shall devolve upon the secretary of state. In addition to the line of succession to the office and duties of governor as hereinabove indicated, if the necessity shall arise, in order to fill the vacancy in the office of governor, the following state officers shall succeed to the duties of governor and in the order named, viz.: Treasurer, auditor, attorney general, superintendent of public instruction and commissioner of public lands. In case of the death, disability, failure or refusal of the person regularly elected to the office of governor to qualify at the time provided by law, the duties of the office shall devolve upon the person regularly elected to and qualified for the office of lieutenant governor, who shall act as governor until the disability be removed, or a governor be elected; and in case of the death, disability, failure or refusal of both the governor and the lieutenant governor elect to qualify, the duties of the governor shall devolve upon the secretary of state; and in addition to the line of succession to the office and duties of governor as hereinabove indicated, if there shall be the failure or refusal of any officer named above to qualify, and if the necessity shall arise by reason thereof, then in that event in order to fill the vacancy in the office of governor, the following state officers shall succeed to the duties of governor in the order named, viz: Treasurer, auditor, attorney general, superintendent of public instruction and commissioner of public lands. Any person succeeding to the office of governor as in this Section provided, shall perform the duties of such office only until the disability be removed, or 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. [AMENDMENT 6, 1909 p 642 Section 1. Approved November, 1910.]
Governmental continuity during emergency periods: Art. 2 Section 42.
Original text - Art. 3 Section 10 VACANCY IN - In case of the removal, resignation, death, or disability of the governor, the duties of the office shall devolve upon the lieutenant governor, and in case of a vacancy in both the offices of governor and lieutenant governor, the duties of governor shall devolve upon the secretary of state, who shall act as governor until the disability be removed or a governor elected.
http://www.king5.com/topstories/stories/NW_020405WABrevoteEL.777e4593.html
BREAKING NEWS:
Judge refuses to order revote in governor's race
05:08 PM PST on Friday, February 4, 2005
From KING5.com Staff and Wire reports
KING
Judge John Bridges
WENATCHEE, Wash, -- A Chelan County judge has refused to order a revote in Washington's achingly close governor's race.
Superior Court Judge John Bridges ruled Friday that he doesn't have authority under state law to order a statewide, second election, as requested by the Republican Party.
The Republicans are contesting the election of Democrat Christine Gregoire, who was named governor only after winning a second recount of ballots over Republican Dino Rossi. Gregoire won by just 129 votes out of nearly 3 million ballots cast.
Earlier Friday, Bridges dismissed all the counties and county auditors from the case.
Video Clip
That simplified the case from 81 parties to four. The remaining parties are the Republicans suing the secretary of state, and the Democrat and Libertarian parties who intervened.
However, Bridges did not dismiss the case, as requested by Democrats.
It's likely headed now for the state Supreme Court.
Republicans hope to go to a trial where they can argue they have uncovered enough problem votes to outweigh Gregoire's 129-vote margin of victory over Rossi.
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No kidding?! That's great. I don't smoke and dislike smoking in closed rooms w/o excellent ventilation, but that's too funny.
Yes, not just any tent a sultans tent complete with potted plants, overstuffed couches, and nice wooden side tables. Oh, yeah oriental rugs. Paid for it all his bad self cause he's rich as can be, too. Last I heard he was still living in the "Presidential Suite" of the local Hyatt where he had had $100,000 worth of gym equipment installed in one wing. It's just fabulous!
Okay, I think I'm "getting it". The other question I have is, does Judge Bridges now hear the evidence and render a decision on the election validity, or does this whole thing go to the SC now?
The Judge did not rule that Rossi's case is not strong enough to go forward, it is just that he does not think he has the authority to call for a revote. John Carlson, talk radio just said the Judge said the case will go forward next week with the Republicans giving their case.
It is my understanding if the Republicans prevail he is just saying he cannot order a revote but he could maybe say Gregoir is not legally the Govenor, so then it would be up to the Legislature to call for another election. (Just what I understand now.)
The law said that the Lt. Governor would call for a special election if the date prescribed by law was too far out from the next general election, which is why the SoS was dragging out the certification process. The Republicans went to court to force the SoS to speed up the process, which he ultimately did.
In WA, it looks like the courts will nullify the election and vacate the office, which puts the sitting Lt. Governor in the Governor's seat until the next election.
-PJ
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