Democrats want GOP to pay some court costs

OLYMPIA — State Democrats won a clear victory in the governor's-election lawsuit and got back the $730,000 — plus interest — they put up for the final recount. Now they want Republicans to reimburse them for almost $48,000 in court costs.

That's only a small piece of the millions Democrats say they spent defending the election of Gov. Christine Gregoire. State party Chairman Paul Berendt said the election-contest law allows only limited reimbursement but that Democrats want what they can get.

"We have paid a heavy price to defend our rights, and we think it is only fair that the Republicans should pay for some of those costs for essentially dragging us into court," Berendt said.

Democrats were not named in the suit filed by Republican candidate Dino Rossi and other party members.

They intervened in the case and, after Judge John Bridges dismissed claims against 39 counties and their auditors, it was largely left to Democrats to defend the election.

On June 6, Bridges dismissed Republican claims that the election was fatally flawed by errors and fraud by election officials and that Rossi was the rightful winner.

Rossi won the initial count in the November election and a subsequent machine recount. But Gregoire then won a hand recount and was declared the winner.

The judge's decision was a resounding rejection of the Republican claims.

But it wasn't enough for Democrats.

"The Republicans need to think long and hard about making such frivolous charges in the future," Berendt said.

The judge has said he will not hear oral arguments on the issue. He will decide after both sides file written arguments.

State Republican Party Chairman Chris Vance said he wasn't sure what the party's response would be.

"Our lawyers are looking at the Democrats' submission," he said.

The Democrats say they are entitled to reimbursement for costs associated with preparation for depositions and limited costs for collecting evidence, such as photocopying expenses.

Here's what state law says about court costs for election contests:

"If the proceedings are dismissed for insufficiency, want of prosecution, or the election is by the court confirmed, judgment shall be rendered against the party contesting such election for costs, in favor of the party charged with error or omission."

Because Democrats were not named in the initial suit, they were not "charged with error or omission." But Berendt said Democrats "were essentially drug into it."

He said Washington counties should also ask for reimbursement for costs related to the trial.

In King County, Dan Donohoe, a spokesman for the Prosecutor's Office, which represented election workers in the case, said the county is not expected to request reimbursement but that no final decision had been made.

Auditors in Pierce and Whatcom counties said yesterday they had no plans to ask for reimbursement.

Benton County Auditor Bobbie Gagner said she hadn't totaled up the costs.

"We did keep track of our hours because we thought there might be an opportunity to recoup some of our expenses," she said.

Spokane County Auditor Vicky Dalton said her staff spent between 450 and 500 hours on trial-related work.

But she said she didn't think there was a way those costs could be recouped.

David Postman: 360-943-9882 or dpostman@seattletimes.com