Story Published:
Nov 12, 2004 at 7:50 AM PDT
Story Updated:
Aug 31, 2006 at 1:37 AM PDT
SEATTLE - A judge on Friday ordered King County elections
officials to turn over the names of 929 voters whose provisional
ballots are in dispute. State Democrats said they planned to
contact those listed to ensure their votes count.
In tears, Democratic Party chairman Paul Berendt said volunteers
would work through the weekend to contact the voters.
"We're up to it," he said, his voice breaking. "We've had
hundreds of people volunteer to help."
Every vote is crucial in the state's tight race for the
governor's mansion. Republican Dino Rossi was leading Democrat
Christine Gregoire by just hundreds of votes Friday, and King
County voters lean heavily Democratic.
After about an hour of arguments by attorney David Burman,
representing the state Democrats, and Assistant King County
Prosecutor Janine Joly, King County Superior Court Judge Dean S.
Lum declared a 10-minute recess and then ruled. He said it would
burden the county little to release the names and that state law
favors openness in government.
"No right is more precious than the right to vote," he said.
He gave the county an hour to turn over the names and scheduled
a further hearing for Tuesday.
The list was provided "with minutes to spare," said party
spokeswoman Kirstin Brost.
Election results are scheduled to be certified Wednesday. The
county deadline for voters to resolve problems with their ballots
is 4:30 p.m. Tuesday.
The Democrats' lawsuit was criticized by Republicans, who said
it threatened to turn the close gubernatorial election into
"another Florida."
"Why was this not a problem a week ago when Gregoire was
ahead?" asked Pat Herbold, chairman of the King County Republican
Party. The GOP did not question the process in 2000, when
Republican Sen. Slade Gorton lost his post to Democrat Maria
Cantwell, she said.
"It would be wonderful if Christine Gregoire would step up to
the plate like John Kerry did, for the good of our state, and say,
'We accept the results,"' Herbold said.
Berendt said there is no way to tell who the voters supported.
But the lawsuit notes that provisional voters in King County are
statistically more likely to support Gregoire than those in other
counties.
The county mails notices to voters when there are problems with
absentee ballots - a missing signature or questions about
registration.
But those casting provisional ballots were required to call the
county or get on its Web site to determine if their votes were in
jeopardy. And the process was a lot more complicated for voters who
failed to save the stub from their ballot envelope with the
reference number needed for the county help-line and Web site.
Provisional ballots are used primarily when a voter is not at
his home precinct or if registration is in question.
At the hearing, Joly defended the lack of outreach for
provisional voters, saying they were aware that their ballots were
questionable and that they needed to follow up.
The Democrats' lawsuit asked that elections officials provide
the list of voters or contact the voters themselves.
Burman said those casting provisional ballots were being denied
equal protection under the law. He said the county Web site did not
indicate until this week that provisional voters could correct
errors.
The ballots were questioned for three primary reasons: the
signature did not match registration records, there was no record
that the voter was registered, or the voter had already mailed in
an absentee ballot.
The only voter named as a plaintiff in the lawsuit, Aravind
Swaminathan, went to the county offices Thursday and resolved the
problem with his ballot, said county spokeswoman Bobbie Egan.
About 31,000 provisional ballots were cast in King County.
Statewide, counties estimated they have about 54,000 ballots
left to count, mostly provisional ballots.