Story Published:
Feb 14, 2005 at 12:06 PM PDT
Story Updated:
Aug 31, 2006 at 1:51 AM PDT
OLYMPIA - An effort to recall Secretary of State Sam
Reed will not move forward, after a Thurston County Superior Court
judge ruled Monday that allegations Reed mishandled the contested
governor's race did not meet the legal threshold to put a recall
before state voters.
Martin Ringhofer, a Boeing Co. employee, and Seattle resident
Linda Jordan argued that mistakes made by Reed led to Democrat
Christine Gregoire ultimately winning a third count and the
election by 129 votes.
But Judge Chris Wickham ruled that each of the nine charges
brought by Ringhofer and Jordan were either legally or factually
insufficient, or both. Wickham's role was not to determine whether
the evidence was true, just whether there was just cause for the
recall to move forward to a signature-gathering stage.
"Despite a great deal of attention to the conduct of the 2004
election there has been no showing that the secretary of state
conducted his office in bad faith or unreasonably exercised the
discretion granted him by law," Wickham said. "There has been no
showing of impropriety by the secretary of state."
Reed was not in court, but said later from his office that he
was happy with the decision. He acknowledged the discontent that
led to the court action.
"I do think that this represents the frustration that people
feel, that they're unhappy with the outcome of the election, or
feel that mistakes were made," Reed said. But "I took an oath of
office to uphold the constitution and laws of the state of
Washington. I can't invent it as I go along."
If Wickham had allowed the recall to proceed, Ringhofer and
Jordan would have needed more than 600,000 voter signatures to put
the issue on the ballot. The ruling can be appealed to the state
Supreme Court. Ringhofer said he hadn't made a decision on whether
to appeal, but was leaning toward it.
"People still feel this election certification was wrong. I
don't think people feel this is a good election outcome,"
Ringhofer said after the ruling. "If this is not sufficient, then
can you tell me if ever there is going to be sufficient cause to
recall anybody?"
Wickham's decision came after nearly three hours of arguments in
which Ringhofer and Jordan attempted to prove there was sufficient
evidence that Reed, a Republican, was guilty of misfeasance and
malfeasance for certifying the election on Dec. 30 while questions
still remained over the validity of votes, and while some counties
were late in certifying the results.
"This is not about us against Reed," Ringhofer said. "This
about the people having a right to hold an elected officer
accountable to what he is supposed to do and not supposed to do."
Ringhofer said that allegations of felons voting, allegations of
votes not matching up with voters, and instances of dead voters
were all the responsibility of Reed, the state's head election
officer.
Ringhofer brought a stack of absentee ballots to court that he
said continued to be sent to his parents as long as eight years
after they died.
Assistant Attorney General Jeffrey Even, representing Reed,
argued that the allegations were without merit. He noted that even
in the case of the absentee ballots being sent to Ringhofer's
deceased parents, the responsibility was with King County election
officials, not Reed.
Even said it wasn't Reed's job to go back and review the results
of a contested election - he said that was something that is left
to the courts.
"The secretary of state had no choice, under the constitution
and statutes of the state of Washington but to do what he did," he
said.
The Republican candidate for governor, Dino Rossi, has
challenged the results of the election. His case is being heard by
a Chelan County Superior Court judge who has already ruled that
even if Republicans win that case, a new election won't be ordered.