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Republican Pty v Election Svs :: 153 Wn2d 220

Category: Initiative and Elections

Submitted by: R Chase

During the hand recount of the closely contested Governor’s race of 2004 the King County canvassing board discovered 573 absentee ballots that had been set aside because there was no official signature on the electronic database to verify the ballot signatures against. These ballots were set aside and not counted in the initial tabulation. At its December 15th meeting the canvassing board initiated the attempt to search for on record signatures in older archives pursuant to RCW 29A.60.210, which allows a canvassing board to re-canvass ballots if they have found an apparent discrepancy or inconsistency in the returns, but the Republican Party sought a temporary restraining order to prohibit the re-canvassing of the 573 ballots. The Pierce County Superior Court issued the order concluding that the statute did not apply since the statute said that re-canvassing must occur prior to election certification which took place on November 17th.

The WA State Democratic Central Committee sought review of the order contending the statute did permit re-canvassing, and they were joined by the King County canvassing board and the Secretary of State’s Office. Under RCW29A.60.210 other counties tabulated ballots not counted originally. The statute permits canvassing boards to re-canvass ballots in their counties if they find an apparent discrepancy or inconsistency. The Supreme Court overturned the Superior Court order to allow re-canvassing of the ballots in question. Although it was suggested that ballot tampering could have taken place in the intervening period, it could not be proven, but then how could it be proven? One of the purposes of a timely certification is to forestall the possibility of ballot tampering that a lengthy certification process would give opportunity to.

Statutes in effect at the time of election gave the certification date of November 16th to tabulate votes and declare a winner, and yet a month later new evidence comes in that not all ballots have been given a proper tabulation, but the aura of questionability hangs over these ballots. The Court erred in not allowing the lawful initial certification of ballots to take precedence over re-canvassing questionable ballots, and demonstrated an inconsistency with their previous ruling in McDonald v Reed, where they rightfully followed existing law.

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See to it that no one takes you captive through hollow and deceptive philosophy, which depends on human tradition and the basic principles of this world rather than on Christ. A wise man has great power, and a man of knowledge increases strength; for waging war you need guidance [the Scriptures], and for victory many advisers [the teaching of God-fearing men]. From the days of John the Baptist until now, the kingdom of heaven has been forcefully advancing, and forceful men lay hold of it [not feel-good, easy-believism]. Anyone who lives on milk, is not acquainted with the teaching about righteousness. But solid food is for the mature, who by constant use [of the Scriptures] have trained themselves to distinguish good from evil. [Col 2:8; Pro 24:5-6; Mat 11:12; Heb 5:13-14 NIV] The summary of this is Php 2:12: "Continue to work out your salvation with fear and trembling" [and the context is --] through your obedience to Christ, holding firmly to the Scriptures.