Rossi sues to force new vote
State Supreme Court could get final say in who wins
KENNETH P. VOGEL AND MARTHA MODEEN; The News Tribune
Last updated: January 8th, 2005 08:19 PM
THE ASSOCIATED PRESS
Dino Rossi’s lawsuit names all 39 counties as defendants.
Republican Dino Rossi made it official Friday: He’s not going to quietly walk away from his 129-vote loss to Democrat Christine Gregoire in the state’s extraordinary governor’s race.
In a move that could keep the resolution of the thrice-counted race in doubt for months, Rossi and the state Republican Party sued to overturn the election and force a new one.
“The only way to get to a revote is to actually file an election contest. That is the only way to get to what people overwhelmingly say they want,” Rossi told reporters at his Bellevue campaign headquarters.
Standing in front of a banner reading “Every Vote Should Have A Voter,” Rossi portrayed the suit as necessary to instill public confidence in the outcome of the election and to fix flaws in the system.
The suit alleges that county elections officials committed a litany of errors, including counting provisional ballots without determining their validity, counting votes from felons and dead people, and disenfranchising military personnel serving overseas.
“I had not intended to be standing in front of you here doing this,” Rossi said. “But if we don’t do this and go away, people will think everything is just fine.”
Democrats asserted the allegations can’t be proved. They dismissed the suit as an act of desperation and sought to rally public confidence in Gregoire’s victory.
The suit, technically called an “election contest petition,” was filed in Chelan County Superior Court soon after Rossi’s news conference. Republican Party lawyer Harry Korrell predicted the state Supreme Court would get the final say.
State law requires a court to hold a hearing within 10 to 20 days of receiving a contest petition, Korrell said. Republicans are asking the court to expedite the process, which Korrell predicted could be concluded “in a matter of weeks, not months.”
The suit, which names all 39 counties as defendants, alleges that errors by county elections officials “render the true result of the election uncertain. So long as the uncertainty remains, a cloud will exist over the legitimacy of any administration taking office.”
Rossi, a millionaire real estate investor and former state Senate leader, said, “I would not want that cloud over me if I were governor.”
Gregoire, who is set to be sworn in Wednesday, has defended the election results and said it’s time for the state to move on.
Democrats complained bitterly about flaws in the election system while Rossi was winning the initial vote tally by 261 votes and the first recount by 42 votes. On Friday, they defended the election and denounced Rossi’s contest.
“We have the most thoroughly examined election in the history of Washington state. Everything has been checked, double-checked and triple-checked,” said state Democratic Party spokeswoman Kirstin Brost.
She said Republicans “really don’t have a case. Right now, they’re throwing a million things against the wall and hoping that something sticks.”
She brushed off questions about whether the public has confidence in Gregoire’s victory.
“The only mandate right now is for the state to unify after the long, drawn-out election process,” she said.
But Gregoire’s backers are clearly concerned about public opinion.
The state Democratic Party on Friday launched a radio ad featuring Gov. Gary Locke, a Democrat and staunch Gregoire ally, urging listeners to accept the results.
“Every ballot that was legitimately cast was counted. It’s now time to move on,” Locke says in the ad. “Let’s all wish Christine Gregoire well and move forward – with our new governor.”
This week, state Democratic Party Chairman Paul Berendt e-mailed supporters. He asked them to contact state legislators to urge them to certify Gregoire’s victory on Tuesday.
The certification, which is necessary before statewide elected officials can be sworn in, is usually a ceremonial step. But Republican lawmakers, who will be outnumbered by Democrats in the state House and Senate, are expected to force a debate.
Berendt wrote in the e-mail: “We already know that Republican operatives are working hard to pressure legislators to undo the results of this election.”
The e-mail continues: “Tell your legislators to do the right thing, stand up to Republican rhetoric, do their duty and certify the election on Tuesday.”
It’s unlikely that Republicans will sue to block Gregoire’s certification or swearing-in, Korrell said. But he said that Republicans will be able to prove that thousands of invalid and illegal votes were counted.
Two Seattle newspapers reported Friday that some people who died before absentee ballots were mailed have been credited with voting, which is illegal.
If the court finds that there were 129 or more illegal votes counted – not necessarily through intentional fraud – it can annul the election under state law.
The law allows the court to declare Rossi the winner. But Rossi said he wouldn’t accept the governorship that way.
“The only way for us to get out of this problem is to have a revote,” he said.
The contest will likely take the form of a ballot-by-ballot challenge.
County trial courts are better equipped to handle such a case, Korrell said, because the Supreme Court can’t take evidence.
The party chose Chelan, he said, because it did not have as many problems as many Western Washington counties and it’s still relatively accessible. Also, a judge was available.
Chelan went for Rossi by a margin of 63 to 35 percentage points, though judges are non-partisan elected offices.
Out of 10 contests in Washington state dating to 1910, only one has resulted in a court throwing out the election and ordering a new one, according to Nick Handy, elections director for the secretary of state’s office.
State Republican Party Chairman Chris Vance has suggested that elections officials in King County were trying to swing the election for Gregoire. But Rossi said Friday he didn’t subscribe to conspiracy theories.
“The election contest is not about trying to prove that anyone tried to steal the election or premeditated or massive vote fraud,” he said. “But I do believe there are so many incorrectly cast or counted ballots that this election is invalid.”
What’s next
Monday: The Legislature opens its 105-day session.
Tuesday: Republicans will mount what’s expected to be a mostly symbolic attempt to persuade the Democratic-controlled Legislature to delay certifying Democrat Christine Gregoire’s 129-vote victory.
Wednesday: Gregoire will take the oath of office.
Within the next few weeks: The Chelan County Superior Court will consider the election challenge filed by Republican Dino Rossi and his allies. That court’s decision will likely be appealed to the state Supreme Court.
Lawsuit details
The lawsuit filed by Dino Rossi’s gubernatorial campaign claims:
• More ballots were counted than there were registered voters identified as voting.
• Disputed ballots were “enhanced” in recounts, permanently obscuring each voter’s original mark.
• So-called provisional ballots were placed directly into counting machines instead of being reviewed and validated.
• Illegitimate votes were cast by felons, in the name of dead voters and by people other than the registered voter whose ballot was counted.
• Military and absentee ballots were distributed too late.
• Counties used inconsistent standards in counting and rejecting ballots, and in determining “overvotes” and “undervotes.”
• Private information about provisional ballot voters was wrongly released. Third parties were allowed to use that information in an effort to validate the ballots. |
