Republicans file suit to limit King County recount

11/21/2004

By DONNA GORDON BLANKINSHIP  / Associated Press

The Washington Republican Party filed a lawsuit in U.S. District Court Saturday afternoon to try to stop King County from including certain ballots in its recount for the governor's race.

The party is asking for a temporary restraining order against hand-counting of ballots that are rejected by voting machines and hopes to have a hearing on Sunday.

The ballots the Republicans want excluded include those rejected by a machine and checked over by hand. The party calls this process "human enhancement."

State GOP Chairman Chris Vance said Saturday evening that this hand-counting of ballots violates the equal protection clause of the U.S. Constitution in a way similar to vote counting problems in Florida after the 2000 presidential election.

Vance said the problem is that hand counting is not occurring in other counties where punch card ballots were used instead of optical scanning.

Vance said the practice is also a violation of state law, but Bobbie Egan, spokeswoman for King County Records, Elections and Licensing Services, said the party is mistaken.

Egan said hand counting is necessary and legal in several instances, including torn or crumpled ballots, partially filled in ovals, ballots where a candidate's name is circled or checked, and ballots where a voter changed his or her mind and crossed out one oval and marked another.

She said all counties handle these votes in the same way.

Washington Administrative Code instructs counties to enhance or duplicate ballots rejected where votes are unreadable to ensure that the ballot can be accurately counted, the department wrote in a statement.

"My priority today and for the next four days is to administer this recount in accordance with state election laws," said county elections director Dean Logan, in a statement issued to the media.

"It is in the best interest of voters that we stay above the pressure of the political parties. If the parties believe there is a need to challenge the elections standards practiced throughout the state, the appropriate place to do so is in court," Logan said.

He said both parties are observing the recount and every enhanced or duplicated ballot is considered by a team of two people. Unreadable ballots where voter intent is not clear will be sent to the King County Canvassing Board.

Vance said the party believes this hand counting should not be allowed during a machine recount.