To: KLP who wrote (94193 ) 1/8/2005 2:21:24 PM From: Neeka Respond to of 793743 Found in my inbox this morning. M WSRP E-MAIL UPDATE – January 7, 2005 From the Washington State Republican Party Chris Vance Chairman E-mail: ChairmanVance@wsrp.org Web site: www.wsrp.org Rossi and GOP to contest the election. Lawsuit filed today. Today Dino Rossi announced that we will challenge the election in court. Attached is a copy of the details regarding our legal challenge to brief you on the current situation. We have filed our election contest petition with the Chelan County Superior Court. Under the law, the initial hearing will be 10-20 days from now, followed by a trial. Ultimately we expect this case to be decided by the State Supreme Court. Also today, King County completed their reconciliation process and admits that 348 provisional ballots were illegally cast at polling places. There are an additional 1,217 votes for which they cannot find a voter. Similarly, Pierce County now reports that 77 provisional ballots were illegally cast and reports a total of 135 more ballots than voters. We will continue to keep you informed of any changes or developments. Basis for Contest of 2004 Washington Gubernatorial Election and Call For New Election “[T]he right of suffrage can be denied by a debasement or dilution of the weight of a citizen’s vote just as effectively as by wholly prohibiting the free exercise of the franchise.” Gold Bar Citizens for Good Government v. Whalen, 99 Wn.2d 724, 730 (1983). “Where appropriate, [the court’s powers] include the power to order a new election where no other remedy would adequately correct distortions in election results caused by fraud or neglect.” Foulkes v. Hays, 85 Wn.2d 629, 633 (1975). The Election Contest Petition sets forth a series of errors, omissions, mistakes, neglect, and other wrongful acts by election officials that make it impossible to determine with certainty who won the 2004 election for Governor of Washington. The specific claims include: In many counties, more ballots were counted than there are registered voters identified as voting. In at least one county, many provisional ballots were placed directly into counting machines on election day rather than being reviewed and validated to ensure that they were cast by eligible voters who did not cast another ballot. Illegitimate votes were cast by convicted felons whose civil rights were not restored, deceased persons, and persons other than the registered voter whose ballot was voted. Ballot were “enhanced” in a manner that permanently obscures the original mark of the voter, in violation of state law. Counties treated voters inconsistently in their decisions whether to count ballots that were incorrectly rejected. Inconsistent and changing standards were employed in determining when a ballot was an overvote or and undervote. Military and absentee ballots were mailed too late to be received by election day. Private information about provisional ballot voters was released, and third parties were allowed to use that private information to procure documents seeking to validate the ballots. The Contest Petition seeks an order setting the election aside; declaring that any certification of the results of the election and any certificate of election issued as a result of the election are void; and directing that a new election be conducted as soon as practicable.