Two fined for casting ballots of their deceased spouses

Two voters were fined yesterday for casting ballots in the names of their recently deceased spouses, the first King County convictions for illegal voting in November's contested election.

Doris McFarland, 83, and Robert Holmgren, 59, admitted in separate cases in King County District Court in Seattle that they cast absentee ballots in their own names and in the names of their spouses.

They won't serve any jail time. Judge Eileen Kato gave the defendants one-year deferred jail sentences on condition that they pay fines and court fees of $490. Repeat voting was considered a gross misdemeanor, punishable by up to a year in jail and a $5,000 fine. Since the election, the state Legislature has made it a felony.

Prosecuting Attorney Norm Maleng said at a news conference that prosecutors didn't recommend jail time because McFarland's and Holmgren's motivation "was not to throw an election, but to remember a loved one."

Holmgren previously told The Seattle Times he cast his wife's ballot for Republican Dino Rossi. McFarland yesterday declined to comment on the matter.

"Our system depends on people following the law, voting once in an election, but justice can also call for mercy," Maleng said. He said the defendants were "good and decent people who made a mistake" and admitted it.

Dan Donohoe, a spokesman for Maleng, said prosecutors aren't aware of any previous prosecutions for illegal voting.

Maleng said charges may be filed against four or five additional voters in the next couple of weeks.

Since January, Maleng's office has been investigating reports by Seattle newspapers and the Republican Party of illegal voting by felons and absentee ballots cast in the names of dead people.

Prosecutors have successfully challenged the voter registrations of 648 felons whose right to vote had not been restored. County Elections Director Dean Logan revoked their registrations after a series of hearings.

Illegal voting in King County is a key element in the state Republican Party's lawsuit in Chelan County Superior Court seeking to overturn Democrat Christine Gregoire's election as governor. Gregoire defeated Republican Dino Rossi by 129 votes in a manual recount after Rossi won two machine counts.

Judge John Bridges will rule Monday on the election contest; the ruling is expected to be appealed to the state Supreme Court.

Holmgren, a Seattle resident, told the judge, "My wife died just before this election. My judgment was clouded by the grief. I'm really sorry for what I did."

Holmgren told The Seattle Times in January that his wife, Charlette, was a Republican Party volunteer and that before dying Sept. 29 she asked him to cast her ballot in the November election.

McFarland, a Duvall resident, did not address the judge. Her lawyer, John Price, said she didn't know what to do with the absentee ballot sent to Earl McFarland, 92, her husband of 63 years, who died Oct. 7. Price said a county election worker advised her to return the ballot on her husband's behalf.

The Associated Press contributed to this report. Keith Ervin: 206-464-2105 or kervin@seattletimes.com