To: Alighieri who wrote (217505 ) 2/4/2005 7:02:30 PM From: tejek Respond to of 1576329 On the surface it would look like things are not going well for the Dems.; however, the fact that the judge dismissed the 39 counties indicates that he's see no wrongdoing by the counties and that he will follow state law to the letter. The GOP has insisted the vote counting was seriously flawed and that a new election was the only way to go. ******************************************************************************************************************************Judge dismisses 39 counties from election lawsuit, but lets case go forward 01:20 PM PST on Friday, February 4, 2005 From KING5.com Staff and Wire reports WENATCHEE, Wash. - A judge Friday denied Democrats' first two motions to dismiss the challenge to Gov. Christine Gregoire's election. A short time later, Chelan County Superior Court John E. Bridges also ruled that all 39 counties and their auditors would be dismissed from the case. That simplifies the case from 81 parties to four. The remaining parties are the Republicans suing the secretary of state and the Democrat and Libertarian parties who intervened. Bridges said discovery -- the fact finding effort in the case, much of which has focused on the counties -- could go forward. The counties, several of which have vehemently argued before the judge that there is no reason to include them, were relieved to be cut loose. "I don't think I've ever been so happy to hear that my comments were not needed or necessarily helpful," Asotin County Prosecutor Ben Nichols said by phone. On the motion to dismiss, Bridges made his ruling after Democrats argued that any contest to the excruciatingly close election belonged in the Legislature. Republican attorney Robert Maguire countered that the state's constitution and state law say the courts - not partisan lawmakers - should hear the case. "The state of Washington needs an open, transparent, public display of what happened in this election," Maguire said. "Without it, many - and perhaps the majority - of Washington voters will not believe the person sitting in the governor's office truly won the election." Bridges also rejected the Democrats' argument that the case should go straight to the state Supreme Court, rather than a lower court that can't set legal precedent. The judge was expected to hear and rule on other motions to dismiss the case later in the day. king5.com