WA: Judge to rule in Wash. gov. election trial (on Monday, June 6th)

Bakersfield Californian ^ | 6/2/05 | Rebecca Cook - AP

[NormsRevenge]

WENATCHEE, Wash. (AP) - A judge said he would rule Monday on whether the 2004 gubernatorial election should be nullified.

Chelan County Superior Court Judge John Bridges' announcement came Thursday, as Democrats were nearing the end of their defense of the disputed election, which Democrat Christine Gregoire won by just 129 votes.

Republicans challenging Gregoire's victory have focused on errors in the Democratic stronghold of King County, the state's most populous and home to about a third of the total votes statewide. They contend the errors indicate fraud and want the election overturned to allow a new contest between Gregoire and Republican candidate Dino Rossi.

Democrats have countered that any election errors in King County were inadvertent and innocent, and that similar mistakes happened in other counties, including those that favored Rossi.

On Thursday, King County election operations supervisor Linda Sanchez testified about discrepancies between the number of ballots counted and the number of people listed as voting in some precincts,

"Are these kinds of errors unique to King County?" Democratic attorney Kevin Hamilton asked.

"No, I'm sure they are not," Sanchez said.

But GOP attorney Rob Maguire pointed out that Sanchez told her supervisors she was concerned the number of discrepancies were "outside her tolerance zone" when she was working on reconciling the results after Election Day. Republicans say King County counted 875 more votes than the number of people credited with voting.

"You said yesterday that any irregularity is a concern," Maguire said.

"That's true," Sanchez said.

"One is a concern, right?" Maguire asked.

"Well, we'd love to be perfect," Sanchez said.

Sanchez testified she did not know for sure what caused the difference between votes cast and voters credited.

[NormsRevenge]

AP Photo/ELAINE THOMPSON Chelan County Superior Court Judge John Bridges listens during afternoon testimony in the gubernatorial election challenge trial Thursday, June 2, 2005, in Wenatchee, Wash. Bridges said he plans to rule Monday morning on whether the 2004 gubernatorial election should be nullified. Bridge's announcement came Thursday, as Democrats were nearing the end of their defense of the disputed election, which Democrat Christine Gregoire won by just 129 votes. Republicans challenging Gregoire's victory have focused on errors in the Democratic stronghold of King County, the state's most populous and home to about a third of the total votes statewide. They contend the errors indicate fraud and want the election overturned to allow a new contest between Gregoire andRepublican candidate Dino Rossi.

[BladeLWS]

Fingers crossed!

[Eva]

I've been out of the state for the past month and have been wondering how the trial is going. It sounds as though it is still a toss up.

[Graybeard58]

If there is a ruling favorable to the Republicans won't this be appealed to the 9th Circuit, if so, guess where that's going.

[DesertDreamer]

Now, that is a real poser, isn't it? What could possibly cause such a discrepancy? hmmmmmmmm Could it be Satan?

[hoagy62]

No, not the 9th Circus...the Washington State Supreme Court.

[Ann Archy]

Don't bother. The Judge has an earring. He will NEVER have the judgment or guts to do what's right.

[FlingWingFlyer]

Crap. June 6th is D-Day. Not a good sign.

[Graybeard58]

What is the political tilt of the Washington Supreme Court?

[highlander_UW]

Democrats have countered that any election errors in King County were inadvertent and innocent, and that similar mistakes happened in other counties, including those that favored Rossi.

This flies in the face of the testimony. One of the people in charge of absentee ballots admitted that when they couldn't reconcile the numbers they made up a number. That is neither "inadvertent" OR "innocent". It may have been their best honest guess, but not accidental, and they knew it did not represent the actual vote tallies...it was dishonest to certify a number they knew they fabricated.

[Bluegrass Conservative]

So if the judge rules our way, what's next? Gregoire appeals to the Supreme Court? What if they rule in our favor? Does Rossi automatically get the office?

[zerosix]

Why couldn't this be brought to a jury or better yet Grand Jury? Leaving these things up to judges is just plain moronic, in this day and age of the "international law" etc. of the nut cases out there posing as "judges."

[wallcrawlr]

Is that an earring I see. I cant believe it.

[RoseofTexas]

FORGET IT! Just looking at his mugshot speaks volumes....the FIX is in! :(

[coconutt2000]

There are three ways for the judge to rule.

1) Election results with Gregoire winning stand.
2) Election results using the standards used in every other district stand. Rossi wins.
3) Election results voided, new election ordered.

The most likely result in a Republican favor is the second. This is because the judicial order allowing for Kings County to use a different set of standards from the other counties for counting votes was contrary to Washington State law. This court ordered exception shouldn't be allowed to stand up to an appeal.

More likely than not, the judge will select either options 1 or 3, if he is liberal leaning.

I don't think this issue can be appealed any higher since this would have to be a State constitutional matter, and I don't see how this could be rephrased to give the Supreme Court jurisdiction over the matter. A lawyer's opinion on this could help, if any lawyers would like to chime in at this point.

On the other hand, if the judge chooses option 1, then he sets a dangerous precedent that will threaten the foundation of our Republic. A political party should not be able to, in this day and age, manipulate the ballots and the standards, when the law expressly states that the same standards for counting the ballots must be used in every district.

The judiciary should be held accountable to the laws, and they should be impeached when they use their powers to circumvent or ignore the laws. It is the responsibility of the legislature to make laws, not the judiciary.

[MplsSteve]

I've been following the trial on and off at http://www.soundpolitics.com.

If you're not, you should. These guys have been following this controversy since Election Night '04.

I've tried to be non-biased when looking at the evidence and testimony in this case but it really seems a stretch for Judge Bridges to allow the election to stand.

If there wasn't out and out fraud in King County (there was), then there was sheer incompetence. The level of incompetence alone should be enough to overturn the election.

[JCEccles]

This judge is not going to nullify the final recount and send it back for a revote. I hope I am wrong, but I just don't see it happening.

[planekT]

And then to to Ninth Circuit after the State Supreme? If they would take it?

[jonrick46]

It will go to the Washington State Supreme Court. I doubt that the DemonRats want to anger the Evergreen State voters with delaying the resolution of this contest with a higher court ruling. I doubt that they have the financial ability.