November 29, 2004
State GOP Lawsuit Withdrawn
U.S. District Judge Ricardo Martinez issued an Order of Dismissal today in the case of WA State Republican Party, et al v. Sam Reed, et al.
This was the state Republican Party’s lawsuit concerning the hand-counting of optical scan ballots that were rejected by machines. The state Republican Party had apparently argued that since such a hand inspection wouldn’t be followed in the 14 counties that use punch-card ballots, the existence of different counting processes in different counties violated the equal protection and due process clauses of the U.S. and Washington constitutions.
The case is mentioned here on the State GOP website and also discussed here in a Seattle Times story.
Judge Martinez had previously denied the state Republican Party’s motion for a preliminary injunction, and scheduled a hearing on the motion for tomorrow—November 30. (That’s two days before the state is supposed to certify results of the statewide recount.)
I called the Judge’s chambers on my lunch break to get the time for the hearing, only to find out that the state Republican Party had filed a voluntary notice of withdrawal with the Court on Wednesday, November 24, and that the judge dismissed the case today. The Order of Dismissal had not yet been posted at the time of my call, so I have not yet seen it. (I believe access is limited to attorneys admitted to federal court with PACER accounts.)
Posted by Seth Cooper at November 29, 2004
02:03 PM | Email This
I could be way off here, but I think we might be seeing the beginnings of a Gregoire Concession. She may be heeding the advice of Tim Goddard and many others who are expressing high quality arguments as to why she would be much better served politically by living to fight another day.
Also see this new story at King5.com http://tinyurl.com/4tggl
2. I for one would not support her at all in the future if she conceded.
Unscientific though it may be, it's interesting to note that on the KOMO website (www.komotv.com) there's a poll on what should happen next. Currently the results are:
Hand recount of some counties: 5%
Hand recount of the entire state: 24%
No hand recount: 71%
Actually, anyone can sign up for a PACER account. Signing up is free, although looking at documents will cost you seven cents per page. If anyone is interested, here is the link to their website:
5. Just read the Pacer site. 8 cents with a maximum charge of $2.40 for any single document. Is the list of voters one document?
6. My guess -- if lists of voters are available that way -- would be a list per precinct. Maybe 1 list for polling day, 1 list for absentee per precinct. Because at the election day they certainly have them separated out by precinct.