December 17, 2004
FLASH

KING 5 reports:

A judge in Pierce County Superior Court has ruled that the 723 disputed ballots in King County, Wash., should not be included in the ballot recount for Washington state governor.
The AP has more.

I think we can all agree that if these 723 ballots were validly cast, they should have been counted six weeks ago and not just stuffed into a samovar in the Politburo dining room only to be discovered by sheer luck during the second recount.

Especially if these ballots are permanently excluded, Democrats should now have reason to be as pissed at the King County Elections Dept. as the Republicans are. Maybe we'll finally have broad consensus and a sense of urgency for wholesale election reform.

Posted by Stefan Sharkansky at December 17, 2004 03:11 PM | Email This
Comments
1. It's a temporary restraining order.

Posted by: tom on December 17, 2004 03:14 PM
2. Now I'm really confused.

Throught the election, republicans claimed activist judges were extensions of the left. How can the supreme court and now pierce county court rule in favor of the republicans but still be activist do-anything-for-democrats-to-win judges?

Posted by: tom on December 17, 2004 03:17 PM
3. WOW. Unreal. Did not think it would happen. Bottom line, as in the previous Supreme Court ruling, the rejection was already made by canvassers. Even if those canvassers were not the top level Dems that really like to rule 2-1 favor of Gregoire, King County did indeed reject these ballots. No need to go back and try to mine them for votes to put Gregoire over the top.

Recanvass is not equal to recount. That is why we have to different words in the language of the RCW.

Posted by: Jeff B. on December 17, 2004 03:17 PM
4. Tom,
Because the RCW provides for finality. It's not about going back and looking under every matress until enough votes are found to recanvass for Gregoire.

It is about a recount, a retabulation of the existing ballots.

The intent of the law is to reach an end with a winner.

May that be Rossi. The state will finally break out of the Democrat controlled Dark Ages.

Posted by: Jeff B. on December 17, 2004 03:20 PM
5. Jeff..thanks. Glad to see partisan politics has nothing to do with it!

Ralph Munro is right -- whoeever is crowned governor at the end of this will have credibility issues throughtout his/her term. Courts deciding governor just adds to the beliefs out there.

Take a mulligan. Let's start over. Rs all predict Rossi would win handily..which would be great...as he would be elected governor with no clouds hanging over his election!

By the wya, the press reports plenty of republicans who are upset that their votes have been counted

Posted by: tom on December 17, 2004 03:27 PM
6. the decision was the proper one....a recount is not a count of anything other than the votes that are already "IN"...

I am sure that the Ratfinks will now think of another plan...

now I am sure they will talk about "fraud" and how terrible it was for those nasty Republicans to hide all those ballots......LOL

btw...anybody know how many ballots other counties have found since the first election was finished?.......not many, I assume....

Posted by: lee on December 17, 2004 03:32 PM
7. To the contrary, take of your partisan hats for a second. If I'm an objective Washingtonion, I'm much more settled with a ruling that preserves three counts by the same candidate and agrees on some standard of counting and finality, i.e. recount vs. recanvass.

The other scenario would lead to a) a probably swing in the count, and b) a whole bunch of suspicious ballots that leave the average Joe (who has not been following this election with the electron microscope view that those of us who post here have been) with much more doubt as to the validity of the outcome.

I fully agree that this produces a win for Rossi that is something that is not pleasant for those who want Gregoire, but, it does produce a form of consistency that is much better for the state of WA as a whole than the alternative.

Posted by: Jeff B. on December 17, 2004 03:38 PM
8. Tom: The reason most judges are activists is because rather than judging issues based on existing law, they make up new law. That's not their job.

In this case, they aren't making up new law (although they probably want to)...they are enforcing current law. Disagreeing with a law doesn't mean that a judge can (okay, they do a lot of times, but they shouldn't) disregard it and go with their own opinion on what 'should' be...their job is to enforce (and/or to judge its constitutionality...is that a word?) the laws as they exist.

There's no hypocrasy on the R's side...only concern that the rules are followed...interesting that the D's don't want the same.

Posted by: megs on December 17, 2004 03:43 PM
9. It finally makes sense to me, and if you think about the recount this way, it should to everyone else, too: Recount only the ballots from November 2, representing the General Election results. If the ballots weren't counted then (whether set aside as a provisional ballot or misplaced as the ones in King County were), they should not be counted now.

Posted by: Joe on December 17, 2004 03:53 PM
10. As if it even matters now! With Snohomish and Pierce County posting their very suspicious results of giving Gregoire all those extra votes, I don't see how Dino's gonna pull this out. King County is a lot bigger than Spokane County and even in an expected vote gaining scenario, she's gotta be gaining like 100 or so over Dino. He's not going to be getting an extra 60 over her in Spokane.

It's over. Time to do what we Republicans do best, plan, mobilize, and win the next big office in 2 years or get Rossi the governorship he EARNED in 4.

Posted by: Ferrous on December 17, 2004 03:54 PM
11. Just curious, how does a Pierce County Judge have sway over what happens in King County? Shouldn't the suit have been brought in King County?

Also, is this a permenant order, or a temporary one as "Tom" proclaims?

And finally, what, if any, recourse do we as citizens of King County have to take against Dean Logan and the rest of the "staff" at the King County Elections office? Even absent any claims of criminal intent, we clearly have enough cases of incompetence to warrant a complete house cleaning of personel, from the top on down. And I do think we ought to investigate for criminal intent as well, I think there were far too many mistakes to be explained by stupidity alone.

Posted by: Jason on December 17, 2004 04:01 PM
12. The TRO decision to follow the Supreme Court precedent (and not change the law) was made by Judge Stephanie Arend - appointed by Gary Locke in 1999.

Posted by: Don on December 17, 2004 04:01 PM
13. So, I assume this means ALL votes that were added in any county will have to be removed?

Posted by: Ted on December 17, 2004 04:05 PM
14. Joe, you nailed the common sense of this, and I am going to predict a Rossi win based this decision and here is why:

The Supreme Court (where this case will get appealed to) will be loath to make a determination that is partisan in this highly charged and very important matter. This is no time for judicial activism, because unlike morality decisions such as abortions, death penalties, etc. this is a horse race dispute.

The court will be looking to the law to let us know the best place to draw the line that puts Rossi ballots on one side and Gregoire ballots on the other. They already know where to find this, and that is in the language of recount vs. recanvass.

As I have said before, I understand the partisan frustration with an outcome this will produce, but it should be hard, even for you Dems to argue that the Supereme court will not be seeking finality and will not look to the langauge of the law as the best arbiter for this dispute. And this should be what even Dems want. How else do we agree upon such a highly charged question? Not by endless lawsuits and recounts, that is for sure.

Like any good head referee knows, in a very obscure situation in sports, you look to the rule book as a way to resolve the play. We need closure, we need an objective determination to draw a line. The law is the only thing left in this state that is not highly charged and highly partisan. And the RCW will give us the finality we seek, in a way that is most palpable.

It all comes down to two words. Recount vs. Recanvass.

Posted by: Jeff B. on December 17, 2004 04:10 PM
15. Utlimately, I don't think this will matter. Unless Spokane goes crazy, Rossi will have at most a 50 vote lead. King County can find that many votes under the vending machine in the lunch room. Gregoire will "win" by a miniscule margin with or without the "extra" 700+ votes. I think the only question now is the margin. Will it be 25 votes or 150 votes? That's ok, Rossi will be back to fight another day.

Posted by: Marc on December 17, 2004 04:18 PM
16. Marc, I think you are right. Its essentially over and KC will wait until the Spokane numbers are in an d make sure Queen Christine claims her throne.

I just have to ask myself what the margin will be. I'll find it incredibly ironic if Dinos 42 vote lead is a "tie" but Her Highnesses 2 vote "win" is the will of the people :)

Posted by: Shane on December 17, 2004 04:23 PM
17. Goldy and others are focusing on the ballots as somehow being sacrosanct. But that's really not the case. Many voters may have sent their ballots in past the deadline, and those votes were not counted. In reviewing signatures, the elections workers did not find the signatures and disqualified many ballots. Those votes were not counted. Some ballots were stray marked as overvotes and were not counted. But, all of that occured around the process of finishing the initial canvass and tabulation of the votes.

It's simply outrageous and provocative to base further efforts to mine rejections, determine intent, etc. once the results of one and then two counts are know. This sets up conditions for the intensely charged debate we are having.

The best way to resolve this is to pick a line in the sand at which point, all ballots are in. It's like the lottery. If you don't by your ticket by the deadline, you don't get to be in the drawing, even if you had the winning numbers in mind.

It is appropriate that our highest court draw that line, and it is appropriate that the line be drawn based on the language of the law, which is the most objective thing we can find at this point.

This is palpable to the average voter. It may not be the result that any of us want, but loads of profanity, and partisan frustration do not diminish the need for finality in any race. Something has to be our decision point as to who crossed the line first, even if our stopwatch is barely accurate enough to measure the time, and the race was only run by a nose.

Recount vs. Recanvass is the photo for our finish. Live with it. Accept it.

Posted by: Jeff B. on December 17, 2004 04:28 PM
18. I'm a retired local Washington elected official down here in southern California enjoying all the mayhem and glad I'm not a part of it.
Someone asked what other unexplainable follies Dean Logan has perpetrated. Well, comments by your Mr. Cynical about the voter registration card of Larry Phillips peaked my interested. Even though Mr. Cynical seems like kind of an arrogant jerk, he has a command of the technical procedures of how voter reg. signatures are transmitted from each County to the Sec. of State. So I decided to take some initiative and am sitting here looking at 2 voter reg cards for Larry Phillips (Magnolia Blvd--Seattle). 1 is active and the other cancelled.
Well I'll be darned, Mr. Cynical is right on. Another huge screw-up by Dean Logan. King County must have had Phillips signature card in the system at one time or it wouldn't be at the Sec. of State. I'm afraid Mr. Logan has no credibility. I would also like to see a run-off considered, but with all these King County problems, it will take at least a year to fix things. What terrible controls and mismanagement by Logan and King County. What else do you know Mr. Cynical??

Posted by: motorhomeman on December 17, 2004 04:29 PM
19. I think this will be a close Gregoire lead, but I do not think King will manipulate the results to cause this. If King comes in after Spokane, I am sure a lot of Republicans will be saying "told you so." However, King County reporting before Spokane County would make me think someone in Spokane needs to be fired.

I think the ballots should be counted, although the way King County did this is UNACCEPTABLE. There need to be firings on every level and an independent investigation focusing on King County but including the ENTIRE state.

Posted by: Alcon on December 17, 2004 04:29 PM
20. Didn't she and her team consider 261 a "tie" as well?

Laughable.

Posted by: Ferrous on December 17, 2004 04:31 PM
21. If the ballot was "rejected" by the machine in either of the first two counts, it wasn't supposed to be counted. But, it was in King County where they manually reviewed and enhanced rejected ballots during the machine recount ... so that the machine could read them and give a "manually adjusted" machine count

In the hand recount, other counties have to deal with manually reviewing previously rejected ballots by hand. Some ballots were accepted and some rejected resulting in additional ballots counted for other counties. But King County already did that during the machine counts.

New ballots is what is needed in King County now. The only pile you can find them in was previously rejected ballots, or mis-placed ballots, or ballots left in machines at the polling place or at Safeway ....

The judge ruled by the law and hopefully it will stand. Still, this being a handcount, everything is still up in the air and we're just waiting for the coin to fall.

Posted by: Mike on December 17, 2004 04:31 PM
22. I've had an idea for awhile. How 'bout we let them have their 723 "votes" and in exchange, we get all those military absentees counted that were mailed too late. Fair is fair, after all.

Posted by: Ferrous on December 17, 2004 04:33 PM
23. Shane, of course a two vote win for Ms. Gregroir in a hand recount, will be a win. It is the will of the People expressed by those who gave their time to handle and count all them ballots. I can hear Christi crow now.......those beady green eyes....lizard like......feasting on those burned red ukranians...oh the joy in victory. Wake me up, it's got to be a bad dream.

Posted by: beenlogan on December 17, 2004 04:34 PM
24. For all future elections, no more absentee ballots, no punch card, no optical scans. The only type of vote to cast would be electronic touch screen. I would allow for 2-3 weeks of early voting for those who could not be there on election day. This way, there would be no questions as there would be no overvotes or unintentional undervotes. Electronic retabulation only, no recounting of ballots. Whoever wins, wins and it is done. Look at Florida----- no problems at all this time.

Posted by: John Wagnon on December 17, 2004 04:36 PM
25. Ferrous,

The difference between the two scenarios is that the military ballots were invalid because they were late. King County says (which needs to be investigated) that these ballots were fine.

Posted by: Alcon on December 17, 2004 04:37 PM
26. It will be one, maybe 2 votes, JUST TO PI** ME OFF :)

I asked it in another thread: Anyone got any "not MY Govenor!" bumper stickers?

I think that there are enough moderate Dems disgusted by this that there is an advantage now in 06/08. Good things come to those who wait.

Posted by: Shane on December 17, 2004 04:40 PM
27. The gracious thing to do now is to extend my hand in friendship to all the Democrats and Greens responsible for this episode in Washington's history, and in the most sincere, generous and sportsmanlike manner, say, "Bite me!"

I told you so. To win, you go to court and you sue! Now the Democrats have to show cause why, in light of the Supreme Court's decision of the other day, that these 777 or whatever are genuine votes. They can't. All the Democrats have been doing is manufacturing
"votes" until somebody had the backbone to end their criminal activity.

Posted by: FedUpWithThis on December 17, 2004 04:40 PM
28. I'm fine with a Gregoire win at this point, but only if it comes after the rejected ballots are upheld and stay rejected by the Supreme Court.

At least then it would be due to real counting and not to recancassing which is a subjective process.

I think we may see some other counties with ballots totals dropping as well though when the Supreme Court weighs in and it is decided that all counties cannot recanvass ballots.

Snohomish, smells like recanvass to me. Same with Pierce and others.

Bottom line, all votes should have been in the barrel by the deadlines for absentees after the election, and canvassing of those ballots.

Then, and only then, we reach our hand in the barrel and begin the counting.

What they want to do in King County is add more ballots to the barrel. How can anyone agree that this is fair?

Posted by: Jeff B. on December 17, 2004 04:42 PM
29. So, were the late milatary votes any less late than those 22 found in the voting machines a few weeks later? ;)

Posted by: Mike on December 17, 2004 04:42 PM
30. Yes, Mike, I think they are. If the ballots are real and they voted on November 2nd, they did not vote late. King County misplaced them, but that can be undone. The military ballots were sent late - they did not vote before the deadline. I have great respect for our military, but it is not right to accept late votes.

Posted by: Alcon on December 17, 2004 04:46 PM
31. SPOKANE IS IN...

Rossi +15
Gregoire +8
Bennett +3

Overall +7 Rossi, for a +8 recount lead overall without King. Rossi currently leads by exactly 50 votes.

Posted by: Alcon on December 17, 2004 04:48 PM
32. The judge appears to say that King County shouldn't count those ballots. Since it's a TRO, will there be any more hearings by the judge or will it be decided by the Supremes?

Posted by: South County on December 17, 2004 04:52 PM
33. Depending on the size of win, I might be okay with Gregoire winning too. But ... that's after they subtract the votes gained by D's running around in the rain gathering signatures and affidavites before the first count was certified. Granted, the D's had to go to court to get King County to give them the names to go get those signatures fixed up. But, I still think that ruling didn't follow state procedures given by Sam Reed. The other counties didn't get the same opportunity to add votes to the barrel just before state certification of the 1st count.

Posted by: Mike on December 17, 2004 04:54 PM
34. Mike, good point. However, they did at least do that running around before the end of the canvassing period. Not that I would not like to see other counties do that as well, but I can at least see some legitimacy in that action.

Recanvassing now however is totally unacceptable. It's a clear attempt to mine the rejected votes. It's just not a palpable process when the outcome of the counts is known. This recanvassing behavior should be squarely rejected by the Supreme Court.

I don't think it will be a problem. Everyone, ask yourself, If you had this awesome responsibility as a neutral arbiter and Supreme Court justice, would you want a ruling that left everyone suspicious, or a more conservative ruling that drew a line that people simply had to abide by? This is a no brainer.

Posted by: Jeff B. on December 17, 2004 05:06 PM
35. Prior to election night, I never really thought Dino could win it.

The upside was that I certainly felt we could do worse than Her Highness (Sims leaps to mind). I looked at her as a dedicated public servant who had differing views than me.

I no longer feel that way about her. The idea that she and Howard Dean were 2 different kinds of Dem is no longer. I've also voted my last split ticket....I havent seen D one stand up and say this was wrong.

The Democrats have destroyed themselves from within, and are driving away all the "Middle Road"

Posted by: Shane on December 17, 2004 05:10 PM
36. Shane - So true about a Sims nightmare. But, I don't like Sims and the King County Council for closing our Parks and Pools just to "get back" at voters for passing $30 car tabs. "What, no more car taxes for our pet social programs?" The "We'll get them where it hurts" arrogance is so typical of our WA & KC government. Four more years of the same!! woo-hoo. :(

Posted by: Mike on December 17, 2004 05:40 PM
37. Hi Mike.

I dont know if you live in Seattle, but I didn't pay anywhere near 30 bucks for tabs. Monorail alone was 346.00. for a 2001 Mitsubishi Eclipse.......not like Im a Microsoftie driving a Hummer :)

Posted by: Shane on December 17, 2004 05:45 PM
38. Shane - I've lived in unincorporated King County almost 40 years now and don't get to pay for the Seattle monorail - directly. ;) I'm just another conservative NW environmentalist type. I vote split ticket too, but also question that after the recent antics of the Dem's. My Van initially dropped from about $600 to about $100 due to I-695. But, it has risen since - no surprise. The fact that the voters wanted tax relief was just so galling to our KC Council and Sims. I still think Sims would of been a worse nightmare. And, we would of had Jesse and the ACLU band in town soapboxing racial bias on top of fraud.

Posted by: Mike on December 17, 2004 06:13 PM
39. Unincorporated? Bet you LOVE critical areas.........

Posted by: Shane on December 17, 2004 06:16 PM
40. Alcon,

"The military ballots were sent late - they did not vote before the deadline. I have great respect for our military, but it is not right to accept late votes."

But - the military voters received their ballots too late to return them by the deadline, because King County apparently sent them out late. Why is that any less acceptable than the votes that were rejected because election officials failed to check old registration cards, or ballots that were "lost" in the pockets of the voting machines?

Posted by: Patrick on December 17, 2004 07:01 PM
41. Shane - LOL. I didn't even want to bring up the Critical Areas Package .... Sims parting gift of our private land rights to his liberal backers. Try walking out onto your land one day and it's now half owned by King County. Thank you Mr. Sims. I'm trying to embrace denial as a positive way to cope.

Posted by: Mike on December 17, 2004 07:27 PM
42. I made this point earlier that King county is trying to selectly correct errors. Misplaced for lack of signature on file is okay. No signature on envelope that was okay in the 1st count. Late military ballots are not okay. Now folks in town could get their ballots saturday before the election and postmark on MOnday or Tuesday and count.

Military folks who ballots were delayed due to errors in election office do not have that option.

I am also concerned that if this election comes down to 10 or 15 votes. How many Christine Rossi votes are counting for who? Are all the counties counting them the same way?

Posted by: Ralph on December 17, 2004 09:00 PM
43. Military absentee ballots. Air Force Times Opinion section backtalk last two pages. October 2004 or ther abouts issue. Air Force officer sues Broward(?) Find the case. HAD A SIGNED RECEIPT,with county official signature to prove it arrived on time-they called it nine days late.

Posted by: absentee on December 17, 2004 10:04 PM
44. He won his case. The advice was for other military to do the same maybe they did...

Posted by: absentee on December 17, 2004 10:10 PM
45. Why not just forget about the recounts, the missing votes, the found votes and the disqualified votes. Let 'em play cards at one of the native gambling establishments...winner takes all. At least you can check and make sure the cards arn't marked.

Posted by: Walt on December 17, 2004 11:20 PM
46. Here's where the real problem comes in. If Gregoire wins, there will be great doubt about the credibility of the vote count in King County. Of course we do not seem to care about the extra 1200 or so votes that were reported across the state in the manual recount. The GOP has been very effective (and aided by King Co.'s incompetence!) at keeping our attention focused on King Co. Gregoire will have an impossible task trying to claim a mandate.

If Rossi wins, and these votes are not counted, some enterprising reporter will contact those voters (we know their names after all) and will offer a tabulation of the "real result". If it comes out as expected and Gregoire would have won, Rossi will be justifiably called a Governor that did not win election. It would not be like Florida in 2000 where we had a bunch of suppositions and what ifs. We have real live voters who we can identify. And no Electoral College to offer as an alternative.

I have reluctantly come to 2 beliefs:

1. Both parties are actively working to steal this election (I suppose I shouldn't be surprised).

2. I think both candidates have been irrepairably wounded through this process and we need a run off election. Hopefully, the result will be clear.

Posted by: Ed on December 18, 2004 09:00 AM
47. Ed,

Given the very suspect list of names, with many appearing to have been planted to make a case (signatures of some on that list are KNOWN to be "on file") I wouldn't care HOW that list broke out. They should have been counted during the first count. This is a REcount, NOT a "NEW" count. Anyone who is calling for a "NEW" count, needs to be looking into the faces of those responsible for the incompetent spectacle they made of the first count.

They have shown a reckless disregard for accuracy, and thrown a shadow of doubt on all of the elections in the recent past.

Posted by: Julie on December 18, 2004 09:36 AM
48. Correct me if am wrong, but isnt there a provenance issue with these ballots--even if they were in the security envelope, it doesnt mean they couldnt be changed or substituted, does it? Just asking--opinions of this illustrious group?

Posted by: RogerA on December 18, 2004 09:38 AM
49. Julie, your point is apt from a legal point of view. However, it will not be hard for the Dems to present a "common sense" case that if these votes are legal that they should have counted. It will be a compelling arguement if those votes would have given Gregoire the election. How many of us have justifiably railed at court decisions that have been correct in the legal sense but didn't pass the common sense "smell test"?

I would agree that the election system in this state (probably all others as well) is broken. Whenever an election margin is within the margin of error for accuracy of the tabulating devices, we will have this problem. There are two real questions:

1. How do we fix the system?
2. How does the next Governor effectively govern with this election as their mandate?

Posted by: Ed on December 18, 2004 10:03 AM
50. I don't know if the anonymity and distance of the Internet is a blessing or a curse. When I hear someone say "Pubs would do the same," or "They all do it," the rational side of my brain wants to explain that mindless generalization is a poor substitute for analysis.

The other side of my brain would grab such a person if they were in my presence, and b!tch slap them until they achieved either revelation or headlessness.

A previous poster says...If Gregoire wins, there will be great doubt about the credibility of the vote count in King County... Uh, guess what...there's no doubt about the credibility of the King County Elections Dept. There is no credibility.

Hey, Mr. Logan...your department screwed up. Big time. Repeatedly. If a private company did this to consumers, the state would be perp-walking those involved. If anything is clear, it's that King County can't run elections. They can't follow their own procedures, and they're discovering ballots by the hundreds, weeks after the election. State election law doesn't allow introducing those ballots on the second recount because of the potential for fraud. Incompetence isn't a defense.

We're where we are because of the incompetence (at best!) of King County Election Dept. Mr Logan now asserts that HE'S being the responsible party in calling to add ballots his department mishandled.

That's a nice use of spin, if he can pull it off...let's talk about "fixing" a problem, without asking why it's necessary to fix anything...

Posted by: South County on December 18, 2004 10:28 AM
51. Should the Tacoma decision successfully prevent the counting of any legitimate votes among the nine 'surprise' packages, the disenfranchised voters then have a crackerjack case against King County on civil rights grounds.

Reliability and public faith will be restored to King County only if the mis- or malfeasance of that ballot-mishandling elections board is thoroughly investigated, and the responsible individuals actually prosecuted for violating legitimate voters' rights. More than likely, a trial or appeals court would let the perps off, but their successors would be motivated to do better.

And the Democratic National Committee, instead of shovelling John Kerry's ill-gotten accumulated campaign funds into the pockets of Washington trial lawyers, would be beter advised in funding neighborhood classes for their proletarian clients in 'how to fill out a ballot legibly' and 'when to go to the polls'. They already do well enough on 'who to vote for' and 'how to fill out absentee ballots of absent relatives, or relatives smaller than you'.

Posted by: Insufficiently Sensitive on December 18, 2004 12:31 PM
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