WENATCHEE — The Republican court challenge to the election of Gov. Christine Gregoire will move toward trial after Judge John Bridges yesterday rejected Democratic motions to dismiss the case or move it to the Legislature or the state Supreme Court.
It goes forward, though, minus most of the defendants in the case. Bridges dismissed all the state's counties and their auditors from the lawsuit.
Bridges said in Chelan County Superior Court that allegations in the lawsuit filed by Republican candidate Dino Rossi and Republican voters, if proved at trial, would be sufficient to overturn the election. And he denied a Democratic motion to limit any challenge to issues of fraud and illegal votes, saying misconduct or neglect by election officials would also be sufficient grounds for setting aside the election.
"This case should go forward, at least at this point," Bridges said.
I was in the courtroom Friday afternoon when the lawyers made their arguments about a re-vote -- just wanted my chance to experience a bit of history. When Judge Bridges ruled immediately, there was a >gulp<>
But proving that the questionable votes would have changed the outcome will be exceptionally difficult. The Republicans would have had to do that anyway even if they would get a revote. But a lot of the wind has gone from their sails, it seems.
More to come from here in Chelan County, but it will be several days before the parties even get together and determine the next step. And there is plenty to appeal to the state Supreme Court, so we're weeks away from closure in this.
The only sure way to move on is for Rossi to say he's done, it's gone far enough. I think that's a long shot, and it sure would be disappointing to the armies of Republican foot soldiers who are carrying on as if there was some sort of coup that installed Gov. Gregoire.
-- Wenatchee, Wash.
2 comments:
What do you think of the ruling from a legal standpoint? Do you feel that the judge's interpretation of the laws was correct and fair? Political bias aside, how would you have ruled in this case?
I have to admit that I am unfamiliar with the 1977 law that Judge Bridges cited in which, he said, the Legislature ceded authority of election contests to the courts. If that is the situation, then of course the courts can determine the actual winner of the election. However, the losing side still will appeal to the state Supreme Court, and there was an opportunity to have that court hear the case to begin with. The Republicans are hoping for two things, I think: 1. If they lose and appeal they can say that it was legal manipulation or some other "spin" like that. 2. If they win and the Democrats appeal, the Republicans enter the appeal with some momentum. As I posted earlier, much of their energy came from the enthusiasm for a re-vote. That's gone, unless the Supreme Court decides there should be one.
Politics aside, I am fascinated with the law and legal interpretations. The most interesting aspect, to me, is the one here as to whether a vote cast by a felon is an "illegal vote" or just an "error in registration" -- huge difference there.
-- LHA
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