TIMOTHY BORDERS, et al., Petitioners, v. KING COUNTY and DEAN LOGAN, its Director of Records, Elections and Licensing Services, et al., Respondents. and WASHINGTON STATE DEMOCRATIC CENTRAL COMMITTEE, Intervenor-Respondent, and LIBERTARIAN PARTY OF WASHINGTON STATE, et al., Intervenor-Respondent
CHELAN COUNTY SUPERIOR COURT, STATE OF WASHINGTON
No. 05-2-00027-3
June 6, 2005
Excerpt: The case which comes before the Court this morning is entitled Borders versus King County. It is Chelan County Cause Number 05-2-00027-3. With respect to this case, the Court will now make its Findings of Fact. The general election for the Office of Governor of the State of Washington was held on November 2nd, 2004. The gubernatorial candidates were Christine Gregoire, Democrat; Dino Rossi, Republican; and Ruth Bennett, Libertarian. On November 17th, the counties completed their initial tabulation of votes and out of the over 2.8 million votes counted, 261 votes separated the two leading candidates, Christine Gregoire and Dino Rossi, with Mr. Rossi in the lead. This is shown by Exhibit 12,001 admitted into evidence. Because the margin separating the candidates was less than one-half of one percent of the total votes cast, the Secretary of State ordered the mandatory recount required by RCW 29A.64.021. The Secretary decided to conduct the mandatory recount as a machine recount. On November 30, after receiving certified recount returns from all 39 counties, Secretary Reed announced the result of the mandatory recount which indicated that Mr. Rossi's lead was 42 votes. Exhibit 12,002. On December 3, the Washington State Democratic Central Committee requested a hand recount pursuant to RCW 29A.64.011. On December 23, the last of the 39 counties certified the manual recount results in their jurisdictions. On December 30, Secretary of State Sam Reed announced the result of the manual recount and declared that Christine Gregoire was the winner of the 2004 gubernatorial election by a margin of 129 votes. Exhibits 12,003 and 12,004 admitted in this case. Ms. Gregoire received 1,373,361 votes. Mr. Rossi received 1,373,232 votes and Ms. Bennett received 63,456 votes. The total write-in vote equaled 2,618 votes. The grand total was 2,812,675. Secretary Reed delivered the certified county returns to the Speaker of the House of Representatives on the first day of the new legislative session, January 10, 2005. On January 11, 2005, the legislature voted to accept the returns. Pursuant to Article III, Section 4 of the Washington State Constitution, the Speaker of the House of Representatives and the President of the Senate declared Christine Gregoire duly elected as Washington's governor and presented Governor Gregoire with a certificate of election dated January 11, 2005. On January 7, 2005, the Rossi for Governor campaign and seven voters, Timothy Borders, Thomas Canterbury, Paul Elvig, Maggie Ferris, Tom Huff, Edward Monaghan and Christopher Vance, filed a petition in this Court contesting the issuance of a certificate of election to Christine Gregoire as Governor of Washington.
The election contest petition named the 39 counties of the State of Washington, the chief elections official from each of those counties, the Secretary of State, the Speaker of the Washington State House of Representatives and the Lieutenant Governor and President of the Washington State Senate. The petition contested the right of Ms. Gregoire to be issued a certificate of election on account of illegal votes as set forth in RCW 29A.68.020(5), and on account of errors, omissions, mistakes, neglect and other wrongful acts by the 39 counties, the 39 chief election officials, the Secretary of State, the Speaker and the Lieutenant Governor as set forth in RCW 29A.68.011(4) and (5).