recallreed blog

This blog is established to recall Washington State Secretary of State Sam Reed for failure to perform his duty. You may comment and submit information on-line. If you would like to help, contact Linda Jordan, State Coordinator, at recall@comcast.net. People are encouraged to download, print and share the petition text with others but petitions for signature gathering can not be printed until the Attorney General writes the ballot synopsis and the sufficiency of the charges are upheld in Court.

Thursday, February 10, 2005

Reed Recall Petition to Thurston Superior Court by the Attorney General

Here is the much awaited petition hundreds of you have requested. We go forward into court on Monday and are confident the court will grant the Recall to go forward.

We have sought price and scheduling information from major and community news tabloids to print and insert the petition in their publication. If any of you would like a camera ready copy, write us and it will be emailed to you upon request.

PETITION TO RECALL WASHINGTON STATE SECRETARY OF STATE SAM REED

WARNING

In accordance with RCW
29A.72.140; know the following:

Petition for the recall of the Washington State Secretary of State Sam Reed to the Washington State Secretary of State Sam Reed:

We, the undersigned citizens and legal voters of the state of Washington, respectfully direct that a special election be called to determine whether or not Washington State Secretary of State Sam Reed be recalled and discharged from his office, for and on account of having committed the act or acts of malfeasance or misfeasance while in office, or having violated his or her oath in the following particulars:

BALLOT SYNOPSIS FOR RECALL OF SAM REED AS SECRETARY OF STATE OF THE STATE OF WASHINGTON

The statement of charges alleges that Sam Reed, as Washington Secretary of State, failed to comply with statutory duties of his office in certifying the November 2, 2004, Washington State General Election, as follows:

Was aware of the following deficiencies in King County election returns prior to certification:

1. Counted approximately 1,800 more votes than people who voted;
2. Included additional ballots discovered 9 different times;
3. Allowed at least 348 provisional ballots to be fed into counting machines without first being canvassed for legality;
4. Included votes of at least 557 people who may not have been properly registered to vote;
5. Was aware prior to certification that more than 55,000 ballots were enhanced by election workers in a manner preventing review of those decisions.
6. Accepted from 24 counties abstracts of votes not providing all material required by statute and regulation.
7. Failed to perform rule making duties detailed in RCW 29A.O4.610.
8. Certified the November 2, 2004 election knowing that election laws and regulations had been violated.

SHOULD SAM REED BE RECALLED FROM OFFICE BASED ON THESE CHARGES?

and each of us for himself or herself says: I have personally signed this petition; I am a legal voter of the State of Washington in the precinct and city (or town) and county written after my name, and my residence address is correctly stated, and to my knowledge, have signed this petition only once.

No. Name Residence Address City State Zip Code County E-mail Address

Return to: Recall Sam Reed, P.O. Box 216, Soap Lake, WA 98851,
http://www.recallreed.blogspot.com/, recall@comcast.net, Linda Jordan, 206) 723-6471.

4 Comments:

At 7:42 AM, Blogger Micajah said...

I'll try for the third time. Since you allow the posting of comments on this blog, I figure there's a slim chance that you read them.

What law gives the secretary of state the authority and responsibility to "certify" the election of a governor?

I notice that in numbers 7 and 8 of your petition, there is a difference other than the wording and subject of the two. One cites a statute which gave the SecState responsibility and authority to issue regulations, but the other cites no law whatsoever:

7. Failed to perform rule making duties detailed in RCW 29A.O4.610.
8. Certified the November 2, 2004 election knowing that election laws and regulations had been violated
.


What law do you think gives the secretary of state the authority and responsibility to "certify" the election of a governor?

 
At 8:11 AM, Blogger recallreed blog said...

The contents of the recall petition, questioned by you, are the exact text of the Attorney General's synopsis.

 
At 10:04 AM, Blogger Micajah said...

So, then, what law do you believe gives the SecState the authority and responsibility to certify the results of a gubernatorial election?

Granting that you've quoted the text of the petition, what law are you basing your belief on?

 
At 3:24 PM, Blogger Micajah said...

Well, according to The Olympian, you lost the first round.

Maybe you should pause and reconsider your options.

Nothing is said in the constitution to indicate that the secretary of state has any role other than accumulating the counties’ returns and delivering them to the responsible branch of government. Each county's election returns are "sealed up" and transmitted to the secretary of state who then delivers them to the speaker of the house. They are then opened at a joint session of the legislature, and the results are announced.

See this for a longer explanation:
http://crokersack.blogspot.com/2005_01_01_crokersack_archive.htmlHere’s the job of the secretary of state in the current law:

RCW 29A.60.250
Secretary of state -- Final returns – Scope
.
As soon as the returns have been received from all the counties of the state, but not later than the thirtieth day after the election, the secretary of state shall make a canvass of such of the returns as are not required to be canvassed by the legislature and make out a statement thereof, file it in his or her office, and transmit a certified copy to the governor. [Emphasis added.]

Note how the law recognizes that there are returns which are required to be canvassed by the legislature.

Note how the law omits any mention of requiring the secretary of state to send a copy of the result of his canvassing to anyone other than the governor. That’s because he doesn’t canvass the returns for Article III, section 1 state executive offices – and doesn’t certify the outcome of those elections.

The legislature has the responsibility of canvassing the counties’ election returns in the elections of Article III, section 1 state executive officers – including the governor.

The legislature has the responsibility of certifying the election of those officers.

The legislature has the responsibility of deciding a contested election before declaring anyone to be the duly elected governor.

The courts have the authority to review the legislature’s decision regarding a contested election, since the legislature is required to decide the contested election in accordance with the law – not the legislators’ own partisan whims.

The secretary of state has no role under the current constitution other than that of a courier who collects the “sealed up” election returns for Article III, section 1 state executive officers and delivering those “sealed up” returns to the speaker of the house.

If you don’t like that procedure, you need to advocate an amendment to the constitution.

 

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