Posted on 02/18/2005 12:53:07 PM PST by Publius
A Wenatchee judge signed an order Friday confirming that the legal challenge to the governor's election will move forward in Chelan County Superior Court.
But Judge John E. Bridges said it's not going to move too fast.
The state Republican Party had suggested an April 4 trial date. Bridges said he won't set a trial date until both sides have finished their discovery, the legal term for fact-finding. He didn't get to the question of what, exactly, the Republicans will have to prove at trial.
Bridges' order confirmed his ruling at a Feb. 4 hearing. Bridges denied the Democrats' motion to move the election challenge to the Legislature or the Supreme Court. He granted the Democrats' motion to take a "revote" off the table as an option if the Republicans win. And he denied Democrats' motions to dismiss the case because they believe the Republicans don't have enough proof.
Republican gubernatorial candidate Dino Rossi and the state GOP are challenging Democratic Gov. Christine Gregoire's election, saying her 129-vote margin of victory was tainted by so many errors and illegal votes that the courts should throw out the results. They sued Secretary of State Sam Reed, a Republican. The state Democratic Party intervened in the case.
Bridges' signed the Republican's proposed order, which stated which motions were denied and which were granted, and included the transcript of the judge's ruling on Feb. 4.
Democrats had submitted a much more ambitious, 19-page proposed order. They wanted the judge to clarify that in order to win their case, the Republicans will have to prove how each illegal voter actually voted.
The judge said he wasn't going to go there on Friday, but mentioned that Democrats should file a pretrial motion on that question of what the burden of proof should be.
"The Democrats got totally shut down," Rossi spokeswoman Mary Lane said. "They keep trying to delay or limit our case and they keep failing."
But David McDonald, who's overseeing the Democrats' legal team, said he believes Republicans still face an uphill battle to prove their case.
"They're looking for a way not to have to prove their case," McDonald said.
I guess that pretty well takes care of ever getting this to trial. :-(
Relief in this case would not be a revote of the last election, but a declaration that the governorship is vacant. At this point the state constitution kicks in with its procedures for filling a vacant governorship. That procedure is a new election for governor timed with the next state general election. That would occur this November.
Personally, I like 'em fried.
http://josef-a-k.blogspot.com/2005/02/marummy-speaks-another-win-on-election.html
Mary Lane speaks...
ping
Whether you roast or fry lawyer, you need to marinate the lawyer for at least 24 hours in a marinade of equal parts lemon juice and red wine. (Some people suggest adding ammonia or Clorox to really get the sliminess out.)
All hail Marummy! (I can see why you're warm for her form.)
How 'bout a lye marinade? We could just call it suitafisk.
ROTFLMAO!
I don't know diddly squat about this, but wouldn't it actually be the Legislature who is making all the changes, etc, and she then signs them? Does the Lieutenant Governor also sign? I would think since it is the Legislature who would be doing this those would stay, but if (can she) do executive orders like the President? Those could be overturned by the new elected Governor.
See Post #12.
Thanks for the explanation.
Personally, I would like to see a revote conducted while all who had been found to have voted illegally were confined to stocks out in front of the polling place and held up to public humiliation. After the new election is over, the perps could then have their voting privileges suspended forever and would also be hit with huge fines which they are required to pay off by doing 10 cent an hour menial work in Monroe State Prison!
The judge can't order a Re-Vote, he can set aside the election and Greg-Gore will have to vacate the office.
The L.G. would take over until the next election, which would be November 2005.
It's not a huge lose for the Republican's, It's a huge lose for the Dem's because they tried to have this option thrown out saying that the courts can't decide this only the Legislative branch can (both our house and senate are heavy in the Demo-Crack-Addict column).
Parboil it first to "deslimify" it, as Justin Wilson used to say, then egg wash, bread crumbs, and into the deep fryer.
(So we're back to boiling in oil, oui?)
Keep hope alive.
You betcha - she's a great writer.
bump / ping!
Maybe I'm being skeptical, but what long term good will come of this? Rossi risks being painted as a sore loser. I think its better for him to pick up his pieces and move on.... AND KICK MARIA CANTWELL OUT OF THE SENATE IN '06!
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