December 30, 2004
An Open Letter to Sec. of State Sam Reed

This was sent to us this morning. All edits in brackets:

Dear Sam,

We know each other well, and have mutually served together and supported each other for many years -- as a result I call upon our relationship to urge you to reconsider the certification planned for [Thursday].

I am disturbed to learn that your use of [the law firm] Perkins Coie in the recent Supreme Court action is a blatant conflict of interest, as that is the firm closely aligned with the Gregoire campaign. In addition, the lawyers involved shilled the Rossi people for information with the intention of earning their trust, and then completely reversed themselves using the information they gained through suspiciously unethical representations.

Sam, I urge you to NOT certify the election tomorrow. The entire election is plagued with discrepancies, inconsistencies, and even perhaps fraud.

As the State's chief elections officer, your responsibility to protect and preserve the integrity of the voting process requires you to delay the certification until all unanswered questions have been examined for their validity.

I am not prone to extremes, yet I have serious and profound concerns regarding the role of your office and the actions you intend to take.

Thank you Sam, I remain your friend and colleague,

Phil Dyer
(Former State Representative, 5th Legislative District)
(Former Mayor, City of Sammamish)

This references a conflict of interest that, shock of shocks, has not been covered to any degree by a single local newspaper or TV news station.

Allegations and speculation, you say? Hey, when has that stopped a journalist from running with a story worth investigating?

Oh... that's right: when it doesn't suit their purposes.

UPDATE: Hon. Phil Dyer writes this morning:

I made an error in reference to the law firm..it was in fact Foster Pepper not Perkins Coie...apologies to the fine folks at Perkins Coie.

SoundPolitics regrets the error.

Posted by Brian Crouch at December 30, 2004 09:23 AM | Email This
Comments
1. Brian

Great job !!

it just keeps comong with these people
the dems are totally coming unhinged.
I love it

Posted by: phil spackman on December 30, 2004 09:40 AM
2. I see I have to repeat myself...

The Reason the Media is not reporting this, is that there is no story here...

The republicans lost, The Democrats Won.

Get over it

Move On.

Posted by: Magnum Serpentine on December 30, 2004 09:40 AM
3. M Serpent - I'm sure you're right, after all, if they had actually done anything wrong, they would be jumping up and admitting it. Thats what everyone does when they commit crimes, right? They always confess. We're just all being so silly, aren't we, Serpent?

Posted by: Julie on December 30, 2004 09:44 AM
4. Magnum,

If there's no story, why do you keep trolling? What are you worried about?

Aren't you from Tennesee anyway? The home state of Al Gore, which he didn't win in 2000, thereby costing him the election?

We're winning.

Posted by: Larry on December 30, 2004 09:45 AM
5. Julie --- Nice Burn!

Posted by: Matt J Kurlander on December 30, 2004 09:45 AM
6. Again, as I said in response to Brian's earlier post:

There is no such thing as an investigative reporter.

All of today's reporters working for the mainstream media are mindless droids, programmed to regurgitate the party line. Ocassionally, some objectivity is allowed on the editorial pages, but you will never see a balanced, objective, investigative piece on the front page, or as the lead story on the TV news.

The kind of people that are capable of such independent thought, stopped being hired by the media outlets long ago.

Read Hugh Hewitt here for more info.

Posted by: Jeff B. on December 30, 2004 09:49 AM
7. The Democrats could not have forged such a web of control over Washington State politics if it were not for the duplicity of Republican leadership ... Rossi is the first credible Republican candidate for governor in 10 years -- and he won -- Republicans could have won years ago except for the its state leadership that allowed Craswell and Carlson to jam the system.

The first step to cleaning up State politics is to clean up the Republican leadership.

Posted by: Lew on December 30, 2004 09:54 AM
8. I voted for Rossi this year, and while I disagree with most of the absurb assertions made on this blog, I have still hoped he would come out on top. However, after listening to his press conference last night, I now regret voting for him. I cannot respect his calling for a solution outside the law. He is obviously looking for what would give him the win, not what is legal. If he has solid evidence he needs to take it to the courts or the legislature per the law. If he doesn't, he needs to conceed.

Posted by: Lincoln Republican on December 30, 2004 10:01 AM
9. Lew,

Like, for example, Sam Reed?

Posted by: Larry on December 30, 2004 10:01 AM
10. One small problem with the conflict allegation--Perkins Coie didn't represent the Secretary of State in front of the Supreme Court. If you look on the pleadings, the firm of Foster Pepper & Shefelman represented the Secretary's office. I happen to know the lawyers involved and I can assure you that at least two of the named attorneys are solid Republicans.

Posted by: Steve on December 30, 2004 10:09 AM
11. Larry,

How is he asking for something outside of the law? He's asking for the legislature to call for a revote. The Legislature has that power.

Do you also believe if he were to contest the election, get the election thrown out by a judge and then have the Legislature call for a revote that that is "outside the law"?

Posted by: Scott on December 30, 2004 10:10 AM
12. Scott,

I agree with you. You meant to address 'Lincoln Republican'. But thanks for doing so - it required a response.

Posted by: Larry on December 30, 2004 10:17 AM
13. Remember that Gregoire said - ladies and gentlemen this is a tied election. Will ladies and gentlemen, it still is. Like sweet Christine, he has rights and he is acting on those rights - just like she did. All within the law.

Posted by: CP on December 30, 2004 10:20 AM
14. It's official: Gregoire is governor-elect

After three vote tallies and 58 days of waiting, Democrat Christine Gregoire was declared Washington's governor-elect on Thursday.
Posted by: DustinJames on December 30, 2004 10:31 AM
15. Gloat while you can, Dustin. It will be short-lived. The PEOPLE decide who will be the next legitimate governor.

Posted by: CP on December 30, 2004 10:33 AM
16. And Mr Reed is now to us as Zell Miller is to you and yours, I suspect, DJ.

Posted by: Julie on December 30, 2004 10:34 AM
17. Foster Pepper did indeed represent Reed, not Perkins Coie. However, the Foster Pepper attorneys are by no means "solid Republicans." Hugh Spitzer, for instance, (one of the lead attorneys on the case) is a long-time Democratic operative who has donated to Democratic Candidates almost 50 times in the last 6 years, according to the PDC website. It might as well have been Perkins Coie.

Posted by: Harris on December 30, 2004 10:34 AM
18. I've lost some respect towards Sam Reed now. I thought he was the right man. Now, it seems as if he's giving the election to Gregoire even though there is question. Ho hum.

Posted by: Zoomers on December 30, 2004 10:36 AM
19. Sam Reed did use Foster Pepper Shefelman, while the Democrats used Perkins Coie. There is no conflict of interest there. Even if there was, that would be a basis for a complaint to the Bar Association, or for the state requiring the law firm to refund their fees. However, that would not be a basis for not certifying the election.

So let's drop the Phil Dyer letter, and stop pursuing this nonexistent conflict of interes. It is harmful to our cause, by deflecting attention away from the true problems in this election, and making us look like dumbkopfs.

Posted by: Richard Pope on December 30, 2004 10:37 AM
20. Note to self: do not use Perkins Coie (even IF Reed didn't use them--knowing they are indeed closely associated with Gregoireovich's campaign is enough)

Posted by: Michele on December 30, 2004 10:38 AM
21. The people of Washington are with Dino. They watched this whole thing play out--they know it reeks

Posted by: Michele on December 30, 2004 10:41 AM
22. Let's just say I'm not terribly surprised. After all, the lawyer who's name is at the top of the list of petitioners for the SC filing (the one before last) happens to be a partner with the second largest law firm in Seattle. Perkins is the largest, Wright Tremaine (which represented the Rossi campaign) is the third largest in Seattle. It's not surprising that the Dems would deliberately make it impossible for either of the top 2 law firms to represent the Republicans by inserting conflict of interest problems.

Lawyers suck, and sad to say, I work for them.

Posted by: Ferrous on December 30, 2004 10:46 AM
23. Stefan and Brian and Jim. Though it's heavily dems, the Legislature still needs to get voted in. In a REAL analysis, 57% of the voters want a re-vote. Please link how we all can email our respective reps. That's more important than linking these bogus polls, where the dems do their famous multi-voting.

Posted by: CP on December 30, 2004 10:53 AM
24. Ferrous,

As someone who has worked in the field, I can tell you that the largest law firms are not always the best, nor to they necessarily have the best lawyers. Sometimes the sharpest legal minds have their own solo practices or are in "niche" firms with only a few partners.

Posted by: Mark on December 30, 2004 11:00 AM
25. Will you people please stop pretending there is going to be a re-vote? There will be no re-vote. This is not Ukraine. It's not even Miami--where a revote was once ordered in a Mayor's race only after the first election was argued over in court. Besides, in a revote the 50,000 votes for the Libertarian candidate would go to Christine Greg-gore.

Dino must get his lawyers into Federal Court and sue. Today is the first day he can do that, since he couldn't do it until the so-called
"election" was "certified."

Posted by: FedUpWithThis on December 30, 2004 11:05 AM
26. It's nice to know that, while not having food or clean water or shelter, they have their smokes over in BFE...

Let's rush that $35 million over in the form of Marlboro's and Camels!

Posted by: DustinJames on December 30, 2004 11:12 AM
27. Richard: I will leave this up until I get a retraction from Mr. Dyer, pending further explanation. He seems to be referring to something specific that is different from what you mentioned. I agree that if SecState retained FPS and not PC, and that is what he refers to, then I should update this thread to reflect that.
Standby...

Posted by: Bleeding heart conservative on December 30, 2004 11:17 AM
28. Possible Democratic fraud again and the liberal media refuses to even report it? Why am I not surprised.

Posted by: Hankmeister on December 30, 2004 11:20 AM
29. CP,

And eveyone else, want to find/ email you WA legislators?

Do it by clicking here

Posted by: Jeff B. on December 30, 2004 11:39 AM
30. Great job keeping up on everything. I have to admit, you're number crunching far exceeds my analytical abilities. I guess the one positive thing I've gained in the mess you folks have up here, is that I'm not alone, and Washington may actually be more screwed up than Oregon. Which is something that I never could have imagained.

Keep up the good work
Tucker

Posted by: Tucker on December 30, 2004 11:42 AM
31. Well, unfortunately there a lot of wrong-headed lawyers at the second largest law firm that would choose partisan politics over the economic health of our state (remember lawyers make lousy business people!). However, in the defense of said law firm, there is a solid and growing group of us who actually think about the issues.

Posted by: LoneWolf on December 30, 2004 11:48 AM
32. I observed the entire Jefferson County vote processing. I have done so numerous times before. They have a very experienced auditor and election supervisor AND have been thru a recount situation before. I posted this over a month ago but it is definitely worth repeating:

JEFFERSON COUNTY RECONILES TOTALS FROM THE VOTER REGISTRATION LIST WITH THE TOTAL # OF BALLOTS COUNTED BY PRECINDT BEFORE, I SAID BEFORE, THEY EVER CERTIFY AN ELECTION. THEY DID SO THIS TIME FOR ALL 3 COUNTS. BEFORE THE ORIGINAL COUNT WAS CERTIFIED, THE FOUND 1 PRECINDT WHERE 5 MORE VOTERS WERE GIVEN CREDIT FOR VOTING THAN BALLOTS COUNTED. SINCE THEY PHYSICALLY SEPERATE BALLOTS BY PRECINDT, IT WAS EASY TO RE-RUN THAT PRECINDT. THEY DID SO AND THE SCANNER PICKED UP THE 5 BALLOTS. APPARENTLY THEY MUST HAVE STUCK TOGETHER THE FIRST TIME. ANYWAY, THE VOTER REG. LIST TOTAL WAS EXACTLY RECONCILED TO THE TOTAL BALLOTS COUNTED AND THEN THE ELECTION WAS CERTIFIED. THIS PROCESS WAS DONE AT EACH RECOUNT.

These experienced election officials are astounded that King County is off by over 3,000 ballots after 3 counts. Reconciling voter registration list totals to ballots counted is a fundamental internal control step in the preocess BEFORE certifying. Apparently other counties failed to reconcile before certifying too.

The lack of internal control policies and/or mismanagement of policies is appalling in King County. And keep in mind these lists have been "updated" as Goldy put's it, since the actual count and certifications.

Mr. Logan talks a good game. So does Sam Reed. Could the bureaucrats be "circling the wagons" to try to mask incompetence?? Time wil tell.

Posted by: Mr. Cynical on December 30, 2004 11:52 AM
33. "Incompetence"??!

I'm far more cynical than you are, Mr. Cynical.

Posted by: Julie on December 30, 2004 11:58 AM
34. bwahahahah, Gregoire won!!!! Deal with it cons!

Posted by: Manco_Dollars on December 30, 2004 12:03 PM
35. Mr. Cynical,

Now that's how you hold an honest election. Dean Logan, King County, and all the Democrats of this state that still naively believe that the election was fair can learn a thing or two from you. And repugnant Democrats such as Goldy that get a laugh out of serious counting and make a mockery of the process could learn a thing or two as well.

Decent people like you would like to take back our state, but dishonest Dems are doing everything they can to keep this from happening, with the help of apathetic leaders like Sam Reed.

If nothing else, this will be the last time. Look for WA to swing Republican in the future, good people can only take so much before they revolt.

Posted by: Jeff B. on December 30, 2004 12:05 PM
36. Thanks for the link Jeff.

Posted by: CP on December 30, 2004 12:21 PM
37. The longer Rossi delays in filing a lawsuit, the more the public will accept the latest recount as legitimate. Since Sam Reed and a majority of the legislature are quite content with the idea of Governor Gregoire, the only way a revote will occur is through a court order. And courts do pay attention to the public mood. Now is not the time to be passive. Write and call your state senator and representatives, and let your local newspaper know how you feel about the stolen election. Get angry, people. Tell the gloating dimocrats to go to hell.......

Posted by: Robin on December 30, 2004 12:23 PM
38. Robin - AGREED. Kindly, Jeff B. gave us an easy way to contact our reps. Bless his heart. We just have to continue to be squeaky wheels - I have every confidence we will.

Posted by: CP on December 30, 2004 12:28 PM
39. To Robin:

You are exactly right! Rossie must go to court, now.

Remember, the Legislature is controlled by Democrats. The Attorney General is a Democrat. The State judges are almost all
Democrats. The staff of the Times and the Intelligent-as-a-Post are all Democrats.

Never try to reason with the enemy. Dino should go to Federal court now.

Posted by: FedUpWithThis on December 30, 2004 12:35 PM
40. Fed Up - Yes go to court NOW - he will. In the meantime, those democrats have to be elected so they need to hear how their constituents feel. Many dems voted for Dino after all. Doesn't hurt. Re-vote will be the easy way out for them.

Posted by: CP on December 30, 2004 12:40 PM
41. Oh, and those unethical lawyers (a redundancy, I know) need to have complaints filed against them.

(Sorry to any of the good and decent lawyers reading this. I know that YOU are out there, too.)

Posted by: Michele on December 30, 2004 01:02 PM
42. I'm curious - what are "cons"?

Is this a code word for "Neo-cons"?

Posted by: steve miller on December 30, 2004 01:02 PM
43. To steve miller:

The loony liberals pick up whatever words they see on leftist sites on the internet--like an STD. Not one of them can distinguish between a conservative and a neo-conservative (not that there is any difference) nor tell you where these terms originally came from.

Posted by: FedUpWithThis on December 30, 2004 01:38 PM
44. Please all my fellow Rossi supporters...be patient!!!!
There is no need to rush to Court. Some of you may be suffering from EBS (Excessive Blogging Syndrome). Do not get caught up in the current PR frenzy. The vast majority of Washington residents have checked out for the Holidays. Just because a few Lefty-spinners keep screaming we have nothing..just because Sam Reed certified today....MEANS NOTHING!
We have 3 weeks to present our case. In the meantime, be patient and encourage the Lefty's to defend this election! They have a bad habit of thinking if they say something loud enough and long enough that it must be true. In the meantime, all we need is 129 hard, irrefutable examples of "errors, neglect or wrongful acts" to have this baby set aside. Just look at the bighandful that have been leaked out so far. Use some of your good, old-fashioned conservative common-sense. Don't you believe there are many more? And keep in mind that all these "errors, neglect & wrongful acts" DO NOT have to come from King County. And no one has to prove who these questionable ballots actually voted for (because you can't...they are co-mingled).
Put some of your nervous energy to better use by actually helping identify more cases. Roll up your sleeves and get busy!

Posted by: Mr. Cynical on December 30, 2004 02:08 PM
45. I'm fed up with the whole thing. I can't and won't trust Chris Gregoire anymore than I think she won the election.

I'll be writing letter to anyone who will listen.

Posted by: Larry in Renton on December 30, 2004 02:47 PM
46. Contacting your legislator only helps when they are actually interested in LISTENING:

HOUSE INTERNET E-MAIL DELIVERY SERVICE
TO: Representative Geoff Simpson
SUBJECT: Governors race
MESSAGE:
I am very disturbed by the many irregularities that have tossed our governors election around almost as badly as the Asian tsunami's. Washingtonians have a right clean elections and legitimately won political offices. As it stands now, we have neither.

I urge you to vote against the official certification for governor and to call on your fellow legislators to demand a new vote on, and for, the behalf of the Washington taxpayers.

I realize this will cost the taxpayers a significant amount of money,but what price can there be on liberty? on truth? on legitimacy? I say they are all priceless and I, for one, am willing to bear the burden.
Thank you
***
Thank you for your message. I've been following the election very closely. Having been through a machine recount and a selective partial hand recount (requested and paid for by the Republican party) in my 2000 election against Phil Fortunato, the results of the 2004 Washington gubernatorial race have been quite interesting to me.

In 2000, when I ran against then incumbent GOP Representative Fortunato, the final election results had me winning the race by 144 votes out of more than 44,000 votes cast. State law called for a mandatory machine recount because the margin of my victory was less than 1/2 of 1% of the total votes cast. After the machine recount was completed, I was still leading by 133 votes. At the time, control of the Washington State House of Representatives was at stake. If I won the race, the House would be tied with 49 Republicans and 49 Democrats. If I lost, the Republicans would have a 50-48 advantage.

Rather than asking for and paying for a complete hand recount as they were entitled to by the law, the House Republican Organizing Committee chose to ask for and pay for a hand recount only in those precincts where Fortunato performed exceptionally well. Again, this was permitted by our state laws and nobody, including yours truly, objected. Why? Because the election and recount was conducted in accordance with our state's laws. During both recounts, there were ballots that were called into question by partisan observers. Typically it was because the machine had registered an undervote (somebody had skipped my race and continued voting down the ballot) and it was left to human interpretation to discern voter intent. Sometimes the votes went to me and others went to my opponent, but in nearly every case, voter intent was clear but the machines were too "dumb" to figure it out. Either the bubble wasn't completely filled in, or the voter used the wrong color pen or they used a checkmark or "X" instead of coloring in the oval. In some cases, they filled in the "write-in" oval and wrote either my name or Phil Fortunato's on the line provided. Occasionally, ballots were not counted for either candidate because the voter had forgotten to fill-in either oval, or they filled them both in. There were several write-in votes. In every case, both political parties agreed with the interpretation of the ballots.

Machine voting was never intended to replace the intelligence of humans, only to speed the process when the voters clearly favored on candidate or measure over another. That's why we have provisions in the law that allow for hand recounts.

In the end, I had won the election by 135 votes.

In this year's race for Governor, there were mistakes made by King County and many other counties. That's an unfortunate but all-too common component of elections not only in our state, but all across our country and in democracies around the world. There are also provisions contained in our laws that deal with election fraud. Specifically, if an elections
officer is guilty of illegally certifying an election, they have committed a felony. It's important to distinguish between fraud and mistakes. Fraud occurs when someone intentionally manipulates an election to achieve a certain outcome. Mistakes are an every day part of our lives that we can recover from. When we recover from our mistakes in regard to an election, we have revealed the true intent of the
electorate.

In this case, it appears as though the intent of the electorate was to elect Chris Gregiore as our governor. If there is evidence of fraud or
malfeasance, I hope it will be brought forward and the perpetrators punished to the full extent of the law. So far there has been a lot of heated rhetoric from both sides, but I haven't heard of a serious accusation that fraud or malfeasance has occurred. And our election laws
worked exactly as they were designed to. Where uncertainty about the law exists, our judicial system is brought into play to interpret the laws
and to make sure they are applied fairly. I believe the Washington Supreme Court ruled correctly in both cases they have heard during this election and recount. Even though one ruling went in the favor of the GOP and one went in favor of the Democrats, ultimately the citizens of Washington are the winners when our system works correctly.

As an interested observer, I have seen nothing to indicate that anyone stole the election and there are no provisions in state law that allow for a re-vote simply because some people do not like the results of an election. Please feel free to contact me anytime you have a question or comment. Thanks again.
Sincerely, Geoff

***
Thank you for your quick reply. While we understand that you agree with the election results, especially in light of your own victory as you outlined below, we do NOT believe you are following the will of the voters in Washington. In an admittedly unscientific poll conducted by KIRO nearly 62% of respondants called for a revote. In another poll conducted by KING5, nearly 57% said Rossi should not concede. Given the questions surrounding this election and particularly the heinous omission of the military votes, given that Gregoire did not garner even the votes that Murray did and that many Kerry/Murray voters indeed did not place their confidence in her, given that this state is so divided, the only way to put this behind us definitively is with a new election. As taxpayers, both responsible for your salary and for the burden of a new election cost, we urge you to push it forward with your fellow legislators.


Posted by: Cheryl on December 30, 2004 02:48 PM
47. I have an idea for the Republicans and one for the Democrats. The Republicans should offer to raise the funds and pay for a re-vote. This would look very good. The Democrats should offer to allow the funds they raised to pay for the second recount to be paid to the counties to offset the cost of the recount instad of asking to be reimbursed, as allowed by state law. This would make them look very good.

Perhaps the Republicans should offer to pay half of the cost of a re-vote and challenge the Democrats to come up with the other half.

Posted by: bob the builder on December 30, 2004 04:25 PM
48. I agree - the cost to each VOTER (of the original governors race) would be a whole whopping $1.60 as opposed to the $600,000,000 tax increase proposed by Locke that would cost those same governors race voters almost $220 each.

Posted by: Cheryl on December 30, 2004 04:40 PM
49. I am repeating myself simply because it seems you republicans in THE BLUE STATE OF WASHINGTON don't get it.

And what you don't get is that the republican party lost.

now please... Get over it and move on.

(This is my last post for the evening.)

Posted by: Magnum Serpentine on December 31, 2004 12:40 AM
50. I made an error in reference to the law firm..it was in fact Foster Pepper not Perkins Coie...apologies to the fine folks at Perkins Coie.

Posted by: Phil Dyer on December 31, 2004 07:53 AM
51. now please... Get over it and move on.

(This is my last post for the evening.)

Promise?

Posted by: South County on December 31, 2004 08:37 AM
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