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 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.

Monday, February 14, 2005

Secretary of State Skates on Election Law Violations: Ballots that once were lost but then were found isn't a religious experience

“While a “raging controversy” may have brought these numerous election law violations to light, it did not cause them. Quite the contrary, it was Secretary Sam Reed’s failure to enforce election laws and his failure to abide by those laws that caused a “raging controversy”. (The Recall of Sam Reed No.05-2-00222-8, Thurston County Superior Court)

“Ballots that once were lost but then were found isn’t a religious experience its a violation of election law. The Secretary of State knows that. The law is clear, when you do a “recount” you can only count votes that were already counted. It was his job to keep illegal votes and voters out.” Linda Jordan

In King County alone, after the November 2, 2004 election, "lost ballots" were found 9 times after the original votes were counted. Reed allowed them to be added into the recount and guess what? King County ended up with 1,800 more votes than voters and Christine Gregoire (D) ends up winning the governor ship over Dino Rossi (R) by 129 votes. Rossi won the first count and the first recount but the third hand recount was the charm for Democrats who found votes under tables, behind machines, three's probably even a few down Sandy Berger's pants they left out.

Secretary Reeds refusal to follow the law “affected, interrupted and interfered” with the performance of his official duty as the chief election official of Washington state. He should have never certified the November 2, 2004 election. When he certified that election debacle he wasn't following the law he was violating it.

“We made an excellent case. The Judge ruled that many of our charges were factually and legally sufficient but then he goes ahead and says that we cant let the people see the facts and judge for themselves. That doesn't make any sense. We’re going all the way with this one. This isn't about Republicans or Democrats, it's about fair elections.” Martin Ringhofer

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At 8:47 AM, Blogger Micajah said...

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:

Here’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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