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 03, 2005

SAM REED SWEARS “IT IS ABSURD” TO CONTEND THAT HE CAN BE RECALLED FROM OFFICE

http://recallreedblog.blogspot.com/
http://www.petitiononline.com/reed2005/
http://josef-a-k.blogspot.com/ (Allied Blog)

SEATTLE, WA – Secretary of State Sam Reed, through his taxpayer paid attorney, Assistant Attorney General Jeffrey T. Even (WSBA # 20367, phone # (360) 586-0728) filed his defense with Thurston County Superior Court on February 1, 2005. The hearing is set for Monday 02/07/05, 9AM.

In his defense filing Secretary of State Sam Reed makes the following statements:

“The charges filed in this action are clear examples of the type of charges that Washington courts have frequently found insufficient. The Court should dismiss the present action on the basis that the charges are factually and legally insufficient to meet the high burden that a proponent of recall must meet.”


“”… mere pique or disagreement with the Secretary of State’s statutorily-mandated functions is grossly inadequate as a basis for a recall.”

“The court need not inquire into the merits of the matter at all, because Mr. Ringhofer has utterly failed to comply with the statutory requirements on the very face of his statements of charges.” Indeed, the Attorney General would have been legally justified in refusing to prepare a petition and ballot synopsis in this matter at all.”

“Mr. Ringhofer’s charges fail on the standard of legal sufficiency as well as factual sufficiency. Even to put the best face on Mr. Ringhofer’s statement of charges, his allegation amounts to no more than an accusation that Secretary of State acted improperly in certifying the statewide election results for Governor, given what Mr. Ringhofer believes to have been errors made by other entities or individuals at the county levels.”

“The Secretary’s duty, however, is limited to certifying statewide election results based upon the results certified to him by the counties.”

“The duties of the Secretary of State are limited to compiling these returns on a statewide basis. The county canvassing boards are final decision makers as to the returns of each county.”

“The state constitution, as well, imposes on the Secretary a ministerial duty to certify the returns as submitted by the counties.”

“The constitution clearly prescribes that the counties make the final decisions as to the returns, and the Secretary of State is under a constitutionally-imposed duty to deliver those to the speaker of the house. Since the constitution and laws give the Secretary no choice in the matter, had he refused to do so, mandamus would have been in order to compel him to certify the results.”

“It is absurd to contend that the Secretary can be recalled from office for performing a duty he was legally compelled to perform.”

“There is no basis for asserting that the Secretary committed any act that could form the basis of a recall. This would be true even if it were conclusively established that errors at the county level took place. If the county makes an error in certifying totals at the county level, the proper remedy is an election contest action filed under RCW 29A.68, the remedy is neither the rejection of certifying results by the Secretary, nor a recall action against the Secretary.”

“The court need not and should not reach the question of the adequacy of the ballot synopsis because the charges are plainly insufficient, and the synopsis is thus irrelevant.”

“The court should determine that Mr. Ringhofer’s statement of charges is factually and legally insufficient and enter an order dismissing this matter.”

The courthouse, if you want to see the action, is located at 2000 Lakeridge Drive SW in Olympia, WA. Clerk Betty J. Gould, Telephone (360) 786-5549, email:

civlaw@co.thurston.wa.us.

Again, the hearing is at 9 AM, Monday in front of Judge Chris Wickham of Thurston County Superior Court.


Contact: Linda Jordan
The Recall of Sam Reed
Phone: (206) 723-6471
Email:
recall@comcast.net

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