Offering frequent news and analysis from the majestic Evergreen State and beyond, The Cascadia Advocate is the Northwest Progressive Institute's unconventional perspective on world, national, and local politics.

Monday, May 23, 2005

GOP's hopes of prevailing in challenge are slim

It starts today.

The most anticipated event in the election challenge court case will begin this morning and last for almost two weeks: the trial.

Republicans will present evidence arguing that the election should be thrown out. Democrats will present evidence arguing that the results of the election should not be overturned. Numerous issues will come up during the next few days.

The trial will center on human and machine error in the slimmest of margins: the 0.07 percent of the vote that is being contested because felons or other illegal voters might have cast ballots.

The burden of proof is on the Republicans. They're the ones who complain of illegal votes, discrepancies, problems with reconciliation, and election workers who made mistakes in counting ballots. They're the ones who brazenly claim felon votes put Gregoire over the top. They're the ones who allege fraud but can't prove it.

This trial is not a contest Chris Vance can win by sending out press releases, holding press conferences, or bringing in big shots like Slade Gorton to verbally kick around King County's elections division.

Chelan County Superior Court Judge John Bridges has gone to great lengths to be as evenhanded as he can. So far, the wingnut crowd has left Bridges alone. But if he makes a decision they don't like, just watch as they jump on the attack bandwagon.

But don't forget that it was the Republicans who went judge shopping in the first place. Hence Borders et al. vs. King County et al.

Based on what Judge Bridges has already said and ruled on, we see the likelihood of the GOP prevailing in this challenge to be very slim indeed. Judge Bridges' strategy so far has been not to close any doors prematurely, which has allowed the GOP to proceed along with this court case.

But in every hearing since the case began, the judge has sounded a cautious tone and paid careful attention to prior precedent. By keeping the doors open, the judge is building a wall around any appeal of his decision. That's why he's allowing the GOP to present its "statistical deduction" theory to the court.

We'll be closely tracking developments in the case here on this blog, and regularly updating the special sections on Pacific NW Portal. You may notice the home page has changed. We've added a special coverage section for the election challenge as well as a Filibuster Wire connecting you to the latest from Daily Kos, which will be following developments in the U.S. Senate very closely.

You can watch the trial on TVW (available to most cable subscribers) or stream it online at TVW's website.

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