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Saturday, June 4, 2005 - Page updated at 12:00 a.m. Election case is about trust, attorneys say Seattle Times chief political reporter
WENATCHEE — The trial over the 2004 governor's election ended yesterday with Democrats and Republicans telling Judge John Bridges that the case is about more than the two politicians whose futures await his Monday ruling. After two weeks of testimony about illegal votes, counting errors and alleged fraud, attorneys used their closing arguments to tell Bridges that finding for their side was the way to restore public confidence. "Your honor, we recognize the magnitude of what we are asking you to do," said Republican attorney Harry Korrell. "But we believe, and I think the people of this state believe, that the only way to restore legitimacy to our election system and confidence that the people have a governor who really was elected by the majority of legal voters is for the court to set aside the results of this tainted election." Democratic attorney Jenny Durkan said the Republican claims of fraud and a stolen election have "taken a great toll on many innocent people." "It will have a long-standing impact on the public trust and confidence in our election system unless this court addresses these issues in its decision," she said. But neither side wants Bridges to stray too far from the more basic question of whether he should throw out the 2004 governor's election. GOP's key arguments Errors and mistakes by election officials: Bridges has said he wouldn't overturn based on this, but Republicans want him to reconsider, saying there were so many that it's impossible to know the rightful winner of the election. Illegal votes by felons and others: If Bridges allows the statistical analysis proposed by Republicans, he'll have to subtract votes alleged by both the GOP and Democrats, then see which candidate comes out on top. Fraud by election workers: The judge has said fraud wasn't officially part of the GOP's original claim, but he allowed evidence of wrongdoing to be entered anyway. Republicans and Democrats both appear to worry that Bridges' focus on problems in King County could tilt his decision. Some of the few comments Bridges made during the trial were about problems in the county's election division. Democrats don't want the judge's frustration with the county to translate into a decision to nullify the entire election. Durkan told the judge that Republicans "have never asked this court to weigh in and fix the election departments across this state, and I don't think that is the wise thing to do." Republicans don't want a decision with tough talk about problems in King County that doesn't deliver the knockout punch they want. "Things are not going to change by giving King County a stern talking to," Korrell said. The judge gave no indication yesterday of how he plans to rule. He will issue his decision in the auditorium that served as his courtroom for the two-week trial. The lawsuit was filed in January by Republican gubernatorial candidate Dino Rossi, GOP Chairman Chris Vance and other Rossi supporters. They allege that errors and fraud robbed Rossi of a victory over Democrat Christine Gregoire. Rossi won the initial count and a machine recount, but Gregoire won a hand recount by 129 votes and was declared governor. The state law that allows for contesting an election gives a judge authority to declare one candidate the winner depending on who has the most votes after illegal votes are subtracted from the totals. Korrell told Bridges that Republicans would prefer to have him nullify the November election, not declare Rossi the winner. But, he said, "either result is better than the current situation." Korrell's closing arguments took a much more mellow tone than the opening statement by Republican attorney Dale Foreman, who made sweeping charges of fraud and corruption. Korrell said after court that there was no attempt to back away from the claims. He said there was a stylistic difference between him and Foreman, and differing goals for opening and closing a trial. The central allegation that someone stuffed ballots and stole ballots was still there. Decision on TV Election trial Republican gubernatorial candidate Dino Rossi sued in Chelan County Superior Court in January, seeking to overturn Gov. Christine Gregoire's election. He said illegal votes and errors by election workers made her victory illegitimate. Yesterday Democrats rested their case. Both parties, as well as the Secretary of State's Office, gave closing arguments. Monday Bridges will rule from the bench. He could reject the Republicans' claim, or he could nullify Gregoire's election and declare Rossi the winner. Rossi has said he wouldn't accept victory by court judgment, so the ruling could create a vacancy in the governor's office. State law provides for a special election to fill a vacancy. Temporarily, the office would be filled by Lt. Gov. Brad Owen. Appeal expected Both sides agree that whatever happens in Bridges' court, the outcome will be appealed to the state Supreme Court. For evidence, Republicans relied on King County records that showed a discrepancy between absentee ballots counted and voters shown as having voted absentee. During trial, the party's lawyers showed what they called a "disturbing pattern." The precincts with the greatest excess of votes compared to voters were in Gregoire strongholds, and those with far more voters than votes were in places where Rossi did well. "When you dig into the data deeper, it begins to look sinister," Korrell said. Korrell said Washington state's history may not be like Chicago's, with a checkered past of fraudulent elections. "But, your honor, election fraud is real whether it is organized or done by individuals. I will agree that most people are honest, including poll workers and election judges and even lawyers and politicians. But some people do steal," Korrell said. "I think we can be forgiven for thinking something was rotten in King County in this election." He said Democrats' position is, "No matter how glaring the errors and how compelling the evidence, this court has no power to remedy this terrible situation." Korrell said Republicans "believe this court has both the authority and duty to act and set aside the results of this election." Durkan, though, said the spreadsheet of absentee-ballot discrepancies that Republicans cite as evidence of fraud "is proof of nothing." She portrayed what Korrell calls a "disturbing pattern" as a kooky conspiracy theory. "I think there has been a disturbing pattern in this litigation as well. I think that since the outset of this case, petitioners have taken whatever hot-button issue can cause the most fury, regardless of whether they have the facts." Durkan also tried to debunk the method Republicans hope Bridges uses to apportion illegal votes between Rossi and Gregoire. Republicans want votes by felons, double voters and others to be divvied up in any given precinct by the same percentage as the overall vote the candidates got in that precinct. They call it proportional deduction. Durkan said the Republican expert witnesses who developed the analysis made a mistake because they "assumed that felons voted like their neighbors." In fact, Durkan said, there is no evidence that a single illegal vote was ever cast for Gregoire. The only evidence showing how felons really voted, she said, are five depositions Democrats took, in which four felons said they voted for Rossi and one swore to voting for Libertarian Ruth Bennett. Bridges allowed testimony about proportional deduction but did not say whether he would use that method to apportion votes he determines were illegal. Durkan said if the judge does use it, he should be skeptical of Republicans' "fuzzy math." The numbers, she said, "are puffed and pumped up in order to make the proportional deduction work." Durkan said Republicans want Bridges to lower the legal standard they must reach to have the election thrown out. "The election of Governor Gregoire must be affirmed by this court because petitioners have failed to show by clear and convincing evidence that Mr. Rossi actually won the election," she said. "In fact, petitioners have all but conceded they cannot meet that burden. They cannot show that the wrong person was declared duly elected. "They cannot show it because Governor Gregoire was properly elected." Korrell got the last word. As he did last week, he said the judge should reconsider an earlier ruling that set a higher burden of proof for Republicans. "It simply cannot be that our election contest statute and thus this court is completely impotent to resolve the staggering problems we have seen in this election," he said. David Postman: 360-943-9882 or dpostman@seattletimes.com Copyright © 2005 The Seattle Times Company
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