Posted on 05/02/2005 9:54:22 AM PDT by Knitting A Conundrum
Republicans win right to challenge Wash. state election: Republicans have won a victory in their challenge to the election of Governor Gregoire. The judge says Republicans will be allowed to use "proportional analysis" to prove their case that illegal votes swayed the election.
All I can say is ... WOW!!!
I never thought they would do this
It's a slam dunk that there will be a new election. if it goes to the state supreme court, it will be 9-0 against Gregoire, regardless of how some of the justices feel about Gregoire.
At least three of them don't like her to begin with. There may be more. In any event, the facts and the law are so clear, there is no option that would allow Gregoire to remain in office without another vote.
>>>When the public eye is focused on the courts, the courts generally do the right thing.
'cept in florida
"I think we should let him go." -- quote from Pee Wee's Big Adventure. It didn't work there, either.
Except in Florida.
In his ruling Monday in Wenatchee, Chelan County Superior Court Judge John Bridges said Republicans will be allowed to present “proportional analysis” to prove their case that illegal votes swayed the election. He cautioned that he’s not agreeing that the argument would work in the trial beginning in three weeks. Only that Republicans can use the argument.
Later, Bridges delivered another ruling, this one favoring Democrats. Bridges says parties will not be able to use county records known as crediting records to prove who voted. Democrats argued there are too many errors in the records and the judge agreed.
Republicans will be able to argue that about one-thousand illegal votes, mostly by felons, should be subtracted in proportion to the votes for governor in a precinct. That is, if there were ten illegal votes in a precinct that voted 60 percent for Gregoire then six should be subtracted from her total and four from Republican Dino Rossi.
Republicans hope the trial will set aside the election of Gregoire who took office with a 129-vote margin on the third count. Rossi hopes to win a rematch this fall.
One of the biggest questions Bridges has to answer is how, exactly, Republicans will have to prove their case. State law includes provisions for challenging and nullifying an election — but they’ve never been used to try to kick a governor out of office.
Republicans claim they’ve identified more than 1,000 illegal votes — mostly felons, but also unverified provisional ballots and a few dead voters. They want the court to subtract illegal votes from both candidates’ totals according to precinct voting patterns. For example, if 10 illegal votes came from a precinct that voted 60 percent for Gregoire and 40 percent for Rossi, the Republicans would deduct six votes from Gregoire and four from Rossi. Most of the illegal votes Republicans have identified come from King County, which went 58 percent for Gregoire.
KING
Republicans call this method “proportional analysis.”
Democrats argue against it, saying it amounts to statistical guessing. At the same time, they’ve been collecting evidence of illegal votes in Rossi-leaning counties, and plan to use the same “proportional analysis” as evidence in court of illegal Rossi votes.
Both sides have acknowledged that whatever happens in Chelan County, the case will ultimately be decided by the state Supreme Court. Either side could appeal any of Bridges’ rulings, which could delay the start of the trial.
Bridges was also expected to rule on the following issues:
—FELONS. Republicans have submitted a list of felons they say voted illegally, most from the Democratic stronghold of King County. Democrats say the list has many mistakes: people whose voting rights were restored, or were juveniles when they were convicted and never had their voting rights revoked.
Bridges will have to decide what to do with the list: accept it as-is, or require more proof that the listed names belong to felons who voted illegally.
—OFFSETTING. The Democrats are trying to beat Republicans at their own game here, arguing that illegal Rossi votes and valid Gregoire votes that mistakenly went uncounted cancel out illegal votes for Gregoire.
Republicans want the judge to cut off that avenue. Democrats accuse Republicans of trying to “cherry-pick” errors that help their case while ignoring others.
—CREDITING. Republicans want to use counties’ voter crediting files to show who voted in the 2004 election. Democrats argue those crediting rolls are inherently unreliable and say the GOP should be forced to find other evidence of voting, such as signatures in poll books or absentee ballot envelopes.
—NON-CITIZENS. Democrats asked the court for summary judgment excluding two non-citizen votes from the list of alleged illegal votes, on the grounds those votes were challenged too late. In a rare and fleeting moment of harmony, both the Republicans and the secretary of state’s office agreed with the motion.
Terezzzzzzzza probably bought all the tickets
While this is OK, the real reason it should be challendged is because of the errors. Obviously Republicans will NOT be able to have felons testify, or dig up politically active dead people... In addition, we do NOT have access to all records and therefore cannot offer a total count on the illegal votes. This election court case should be based upon the BREAKING of county, state, and federal eletion law IMHO.
"opposite of progress"?----answer: the democrat plan.
Hope springs eternal and all that ;)
What do you mean "couldn't prove" the case? Were all those illegal ballots and uncounted ballots thrown out?
The judge should be looking at BROKEN election law, county,s tate and federal, not just a "proportional" vote tally. (Which is impossible.) Unfortuntely this case is NOT being streamed and we are unable to hear all the latest. Will report back as we know more. BUMP
"Either side could appeal any of Bridges rulings, which could delay the start of the trial."
Although this (May 23rd court date) offers a fairly small window, I fully expect the Democrats to appeal this ruling to the State Supreme court.
I hope all you checked pants Republicans who said that Gregoire should just be elected because you claimed you could control her and that you did not want be called "mean" were wrong, wrong, wrong.
From a Washington resident who has been working overtime to fight for our rights: I thank God you are NOT on our team!
There is no precedent in this case that can be used outside of Washington state.
Meanwhile, Gregoire is ramming through her pet bills before she gets de-throned! I wish this judicial system would/could move faster. At this rate, she'll serve her whole term.
Nevertheless, the election process needs some major overhauling and I hope we get some consolation on that issue.
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