With the governor's election trial set to begin Monday, Republicans want Chelan County Superior Court Judge John Bridges to reconsider a key ruling that made it more difficult for them to prove the November election should be annulled.
Republican attorneys say they should not have to show that election errors or misconduct by officials would have changed the election results. They say it should be enough to show that errors or fraud make it impossible to know whether Democratic Gov. Christine Gregoire legitimately defeated Republican Dino Rossi.
But Bridges said May 2: "Washington's election-contest statutes clearly require the contestant to show illegal votes or misconduct changed the election result."
Attorneys for Rossi said in court papers filed yesterday that Bridges "arrived at the conclusion without the benefit of a complete briefing on the matter." They say state law and court cases in other states show the judge can annul the election, even if they are "unable to prove for whom each illegal or unaccounted for vote was cast."
Bridges said a state Supreme Court case indicated that if fraud, intimidation or "fundamental disregard of the law" occurred, it might not be necessary to show which candidate benefited from each questionable vote. Republicans had not alleged fraud, but they do now.
Republican Party Chairman Chris Vance said that testimony released this week from King County election workers about a false ballot-accounting report is evidence enough to overturn the election.
Republicans do not dispute Bridge's ruling that they must show which candidate got how many of the alleged illegal votes by felons and others.
State Democratic Party Chairman Paul Berendt said Republicans are likely laying groundwork for an appeal. He also said it is part of an attempt to attack Gregoire and suppress turnout in future elections. David Postman: 360-943-9882