Posted on 04/10/2005 1:43:51 PM PDT by Publius
The discovery of uncounted ballots in a King County elections facility could change the tenor of the governor's-election lawsuit, and it comes just as Republicans fine-tune their case in the final weeks before trial and drop some previously high-profile claims.
Already, attorneys for both sides say the news of 94 uncounted, valid absentee ballots means scrambling to change plans for last-minute collection of evidence.
They will expand the list of officials they want to question under oath and will change the nature of questions they'll ask King County's top two election officials, who were already scheduled for depositions.
News of the latest foul-up could also allow Republicans to introduce the prospect of fraud by election officials.
"This raises a flag that wasn't there publicly before," said J. Vander Stoep, an attorney and adviser to Republican candidate Dino Rossi.
So far, Republicans have been careful not to mention fraud in the courtroom or in legal filings, though backers of Rossi have not been nearly as restrained in the public-relations realm as they attack Democrat Christine Gregoire's 129-vote victory.
The possibility of fraud comes not from a specific allegation but from a so far unexplained statistic:
Out of 91 missed ballots whose precincts were known last week, 61 were cast in precincts Rossi won in November.
Given that Gregoire won King County by a 58-40 split and led the final results in about 70 percent of all the county's 2,616 precincts, Republicans find it suspicious that so many of the uncounted ballots came from Rossi strongholds.
"Can it be random error?" Vander Stoep asked. "What are the odds of that being chance?"
King County elections spokeswoman Bobbie Egan said no one should jump to conclusions about why the ballots weren't counted.
"There is no evidence at this point of fraud," she said yesterday. "We must wait for the external investigation by election professionals to conclude how these ballots were handled."
Republicans do not need to prove fraud by election officials to get the election overturned by Judge John Bridges, the Chelan County Superior Court judge presiding over the lawsuit.
So far the case focuses on alleged widespread illegal voting by felons and enough errors by election workers to show Gregoire was not the legitimate winner.
"The focus of the trial will be on whether or not we can reliably say who won," Vander Stoep said. "On that basis, new ballots showing up makes it far easier for the judge to say, 'We don't know.' "
Democratic Party attorney Kevin Hamilton laughed at the allegation.
"Now the theory is what? Somehow they went through Rossi precincts and stuffed ballots under the rug so they wouldn't get counted?" he said. "I'm sorry to laugh. But it's so implausible.
"The fact that they are raising this issue at this point suggests to me they have lost confidence in their case."
As Republicans consider whether to introduce the prospect of fraud, they are dropping other, well-publicized claims in their lawsuit.
Last week Republican attorneys told their Democratic counterparts Rossi was dropping two claims: that election officials failed to mail military ballots on time and that King County used illegal methods to enhance ballots that could not be read by vote-counting machines.
"It's a question of time and resources," Vander Stoep said. "We're at a point now where we're having to choose between valid claims. Which ones are the strongest.
"We're having to make hard decisions based upon what gives us the best likelihood in the shortest period of time to prevail."
Republicans have just this week to file with the court a list of all expert witnesses they plan to have testify during the May trial.
Of the claims Republicans have dropped, military ballots were among the more high-profile allegations.
Rossi's initial legal challenge filed in January claimed, "Military overseas and other absentee voters may not have received or been sent their absentee ballots in a timely manner and could have been disenfranchised by the neglect, mistake, or error of election officials."
Soon after the November election, state Republican Party officials said several members of the military, including some serving in Iraq, had told them they wanted to vote but didn't receive ballots in time.
In December, Rossi held a news conference alongside the parents of Tyler Farmer, a Marine wounded in Iraq who didn't get his ballot until the day after the election. A news release from Rossi that day was headlined, "With so many disenfranchised military voters, how can this be a fair election?"
Republicans featured Farmer's story in a radio ad that called for a re-vote in the governor's election. A rally, promoted by conservative talk-show hosts, was held near Fort Lewis to protest the alleged disenfranchisement of military voters.
"It's sort of the loose-cannon approach to litigation," Hamilton, the Democrats' attorney, said. "They file litigation with a loud, flamboyant press conference, and then there's no 'there' there."
But Charles Farmer, Tyler's father, said yesterday he was glad he and his son played a role in Rossi's effort.
He said he knew the issue of military ballots wasn't likely to be part of the final legal battle because his son's commanding officer had told him the Marines would not want to get involved in a political dispute and have to testify about military personnel who didn't receive ballots.
He said he understands and supports the Marines in that, but still thinks it is a shame that stories of what he believes are hundreds of Marines and soldiers unable to vote won't be part of the trial.
"I believe wholeheartedly that Dino Rossi won this election, and it was stolen and he should be governor," Farmer said. "But most importantly, I'd like to have seen my son have the chance to vote."
The governor's election lawsuit
The basics
Filed: Jan. 7 in Chelan County Superior Court.
Petitioners: Republican gubernatorial candidate Dino Rossi, state Republican Party Chairman Chris Vance and Rossi supporters.
Claim: The election of Gov. Christine Gregoire, a Democrat, should be nullified because of illegal votes and errors by election workers.
Key issues
Illegal votes: Will Republicans have to prove which candidate received each illegal vote? Will Democrats be able to cite votes and errors that improperly benefited Rossi?
Errors: How will Judge John Bridges factor evidence of improperly counted provisional ballots, mishandled absentees, vote tallies that don't add up and other mistakes by election workers?
Appeal: Regardless of the outcome in Bridges' court, the case is expected to be appealed to the state Supreme Court.
Upcoming in the case
Wednesday: Pretrial motions are due.
Friday: Republicans must submit final lists of alleged illegal votes and errors by election officials and disclose list of witnesses.
Next week: King County officials will be questioned under oath by attorneys for both sides.
April 20: Final replies to pretrial motions are due.
May 2: The judge will hold a hearing on pretrial motions.
May 6: Democrats must submit final lists of alleged illegal votes and errors and disclose witness lists.
May 20: Cutoff for evidence gathering for both sides.
May 23: The trial begins.
Nice graphic. Too weenie. She's a nasty fraudulent bitch - why hide the sentiment?
This was included in a memo released by the Rossi campaign on March 17th:
"So far we have found more than 1,100 people we believe to be felons who voted illegally in November 2004. Most of these illegal felon votes were cast in King County, the largest county in the state, which includes Seattle. The King County Prosecutor’s office has begun to investigate these votes. Some of the people originally on our felon list may be juvenile offenders who might have to be be removed, but we are still doing felon research and adding more names to the list. In the end, we will have evidence that the number of illegal votes is many times the final 129-vote margin between the candidates."
Of course, Fraudoire supports a WA House bill that would restore voting rights to felons, even if they still owe debts (current WA law allows for voting rights being restored to convicted felons if they request it, aren't in jail and have paid any financial debts they may owe).
It's no surprise the WA Dims, Hitlery and the DNC want felons to be able to vote. I think John Fund said something like 68% of the felons voting in FL voted for the DIMS.
As I understand it, Louie Louie is our 'unofficial' State song. The UW band plays it all the time.
"If Rossi is running short of funds to pursue a broad based appeal, I wonder is the national GOP is helping. They have been very quiet about all of this."
The comment that Rossi was running short of funds caught me a bit by surprise as I've heard on and off since the election that the Nat'l GOP was supporting him and there were tons of lawyers from all over helping out, including those that were part of the Bush/Gore 2000 FL mess.
Lawyers are expensive business. I just sent in another contribution. Lets just say that if MANY citizens join me it will be enough, otherwise they'll need a few people with deep pockets.
Certainly everyone appreciates your sentiments.
But the whole thing stinks. It shouldn't cost lawyer fees to make sure that some kid in Iraq's vote gets counted.
Will "Election Contesting" become the next new area of law school training? Lawyer wannabees can take this course right after "Ambulance Chasing"
The whole mess is rotten to the core. If they can't get in office honestly, isn't it a fantasy to think they'll be honest after they're in there?
I refuse to participate in a system that is so corrupt. I last voted in '92. I will probably catch some flak for admitting it but there are principles involved, and every time I see Gregoire's smarmy smile it only reinforces my position.
Gov. Christine Gregoire dances to 'Louie, Louie' during her Inaugural Ball.
Barfbarf!
Barfbarf! v2.0
And everytime one of Temporary Gregoire's smarmy fraudsters hears that you don't vote, THEY smile, and are encouraged to re-double their efforts.
Here we go go go go go go again. This is so ridiculous it isn't even funny.
So what is her title? "Her fraudulency?"
Your post tries to reinforce the idea that there are winners and losers in elections.
Thats not really how it is. If Gregoire got in office by corrupt, fraudulent means, EVERYONE LOSES!
No matter who gets in office, if they do it in an honest, above board manner, then we are all winners, because it means the system works. Which it did not in this case.
I will NOT go to the polls and vote for a Republican because even though I know he will try to pass unconstitutional legislation, he won't try to pass as much unconstitutional legislation as the other guy.
The system is broke.
An important consideration of where I now live is that there is one lot between mine and King County. I live in Snohomish County and have always been glad that I don't live in King County.
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