Supreme Court overturns lower court
The state Supreme Court issued a unanimous ruling overturning the lower Pierce County Superior Court and holding that King County may count all of the 573 previously disputed ballots. The ruling is a huge victory for voters and Democrats. An excerpt from the ruling:
Clearly, the Court made a just decision. It was apparent that this error was a human mistake made by elections officials which could have been expected under such circumstances; after all, this is the closest statewide election in Washington's history, and humans are not perfect. It is unreasonable to strip away voters' rights when they did everything as they were supposed to because the county made an error.
Other counties have interpreted RCW the same way King County was going to, before the GOP obtained a temporary restraining order. Upholding the lower court's decision would have been a dramatic reversal of the earlier Supreme Court decision (which went against the Democrats) and a narrow interpretation of RCW that would have created a nightmare for the Supreme Court, with counties trying to clarify a new interpretation of the law.
Fortunately, the Supreme Court reversed the Pierce County court's decision, and the voters who were stripped of their rights will get their votes counted
It thus follows that the superior court erred in granting a temporary restraining order, and that the King County Canvassing Board properly concluded that it had authority to recanvass the subject ballots pursuant to RCW 29A.60.210. Based on the law as declared in this opinion, respondents are not entitled to injunctive relief. Therefore, the superior court’s “Temporary Restraining Order and Order to Show Cause” is reversed and vacated, and the cause is remanded to the superior court for entry of an order of dismissal forthwith.You can read the ruling here. The AP is also on the wire with the news. (Seattle P-I)
Clearly, the Court made a just decision. It was apparent that this error was a human mistake made by elections officials which could have been expected under such circumstances; after all, this is the closest statewide election in Washington's history, and humans are not perfect. It is unreasonable to strip away voters' rights when they did everything as they were supposed to because the county made an error.
Other counties have interpreted RCW the same way King County was going to, before the GOP obtained a temporary restraining order. Upholding the lower court's decision would have been a dramatic reversal of the earlier Supreme Court decision (which went against the Democrats) and a narrow interpretation of RCW that would have created a nightmare for the Supreme Court, with counties trying to clarify a new interpretation of the law.
Fortunately, the Supreme Court reversed the Pierce County court's decision, and the voters who were stripped of their rights will get their votes counted
