Slog
News & ArtsThursday, September 3, 2009
Homo Federal Judge Delays Release of R-71 Signers' Names and Adresses, Gay Lobby Sues State to Keep Referendum Off Ballot
Posted by Dominic Holden on Thu, Sep 3, 2009 at 3:30 PM
In a dance between federal and state courts, US District Court Judge Benjamin Settle has just announced that petitions for Referendum 71 will remain sealed until September 10, when he will make his final decision whether the names and addresses of people who signed should be made public. However, Judge Settle did release petitions to Washington Families Standing Together (WAFST), which, earlier this afternoon, filed a lawsuit in Thurston County Superior Court to challenge the validity of signatures that were accepted by elections officials.
"We made a motion ... that there was a public-policy interest in making the signatures available," says WAFST spokeswoman Anne Levinson. The petition sheets are necessary to prove the group's case that over 30,000 signatures were erroneously accepted by the Secretary of State's office, she says.
Levinson believes this suit has a much better chance than one filed last week in King County Superior Court (more info here), but tossed out because Judge Julie Spector said she lacked jurisdiction to rule on the case. "Judge Spector issued a very strong ruling, agreeing with WAFTS assertions that there were signatures and petitions accepted that were not in compliance with state law," she says.
Much of the lawsuit in Thurston County is identical to the last one. But the new suit contains additional arguments that the state accepted signatures that appeared to be invalid. Levinson says that based on observations of volunteer election watchdogs, up to 13 percent of the signatures accepted were invalid. The petition qualified for the ballot with less than one-percent margin of error. This part of the lawsuit filed today outlines some of the issues:
"Our fundamental concern is that the referendum process be done in a way that is entirely accurate and consistent with state law," says Levinson. "We’re not filing suit for the purpose of litigating or thinking people don’t have the right to a referendum or right to vote. We do think in this instance that the Secretary of State counted signatures that are not in compliance with state law and that this is important to pursue."
If the federal court releases petitions to the general public, gay-rights activists vow to publish their names and addresses in an online, searchable database.
1
Good! This is the exact reason I wanted them released: to show a judge that these petition forms are covered in fraudulent signatures. Now they can see that the SoS's office was complicit in accepting thousands of signatures that had no right being accepted in the first place.
Of course, I'm bothered that they're still masking the petitions, showing folks they can dictate ballot measures in secret, letting people hide under their billowy white hoods.
I'm not afraid of a vote, I'm afraid of a government complicit in fraud.
Of course, I'm bothered that they're still masking the petitions, showing folks they can dictate ballot measures in secret, letting people hide under their billowy white hoods.
I'm not afraid of a vote, I'm afraid of a government complicit in fraud.
2
This remains maddening. These are public records, and always have been. To hide these signatures invalidates the signature-gathering nature of Initiatives and Referendums. And, they must be made publicly available prior to an election or the entire election becomes suspect.
I can't believe that this is even being argued or delayed.
I can't believe that this is even being argued or delayed.
7
""We’re not filing suit for the purpose of litigating or thinking people don’t have the right to a referendum or right to vote."
Actions speak louder than words, and everythin so far contradicts the statement above. Not only do people like Levinson would like to keep the citizenry out of the voting booth come November but they think that the people are stupid and are willing to believe the blatant lies her group serves.
Actions speak louder than words, and everythin so far contradicts the statement above. Not only do people like Levinson would like to keep the citizenry out of the voting booth come November but they think that the people are stupid and are willing to believe the blatant lies her group serves.
8
I'm glad the lawyers are doing their best to enforce the law. In the mean time I'm going to do my best by volunteering at Bumbershoot. Sign up at the link
Volunteer at Bumbershoot
Volunteer at Bumbershoot
9
@7: PMW has lied many times, it's even on tape. You're willing to ignore that because their lies serve you.
11
9: Perhaps there really is a missing chapter that permits ignoring commandment number 9 when it suits you? And, I just haven't found it yet.
12
Loveschild fails to recognize Democracy in action when it does not serve the ugly ends of the Radical Religious Extremists. Oh well.
13
Oft - posters here sound very silly , all caught up in their own ego.
The fundies loose, appeat to the 9the circuit and then to the Supremes. You will not see those signature for years if ever.
And, the copy to our side cannot not publish names only be used in the legal case.
And I still think the fed Bushie judge will rule for the other side.
Both sides are using free attorneys, appeal time, appeal time.
All the mean we lose momentum and the ballot measure moves onward.
All this should have been done during the count. Won't work.
It might stall the election into next year - by agreement the parties might postpone the election ..... is it just me?.
The fundies loose, appeat to the 9the circuit and then to the Supremes. You will not see those signature for years if ever.
And, the copy to our side cannot not publish names only be used in the legal case.
And I still think the fed Bushie judge will rule for the other side.
Both sides are using free attorneys, appeal time, appeal time.
All the mean we lose momentum and the ballot measure moves onward.
All this should have been done during the count. Won't work.
It might stall the election into next year - by agreement the parties might postpone the election ..... is it just me?.
14
Damned activist Constitution-hating federal judges.
Make the signers PUBLIC as required by our State Constitution!
Make the signers PUBLIC as required by our State Constitution!
15
Haterosexuals want a playing field that always benefits them. Here we have a haterosexual judge sealing PUBLIC records in an effort to help get this referendum on the ballot. The secretary of state, a republican haterosexual, purposefully bent the rules to accepts thousands of invalid signatures to get this referendum on the ballot. At every stage of the process haterosexuals tilted the playing field so haterosexuals could benefit.
16
APPROVE Referendum 71. Gay couples deserve the exact rights heterosexual couples have.
https://www.upwardstech.net/approverefer…
https://www.upwardstech.net/approverefer…
17
APPROVE Referendum 71. Gay couples deserve the exact rights heterosexual couples have.
https://www.upwardstech.net/approverefer…
https://www.upwardstech.net/approverefer…
18
I support same sex marriage. That said, I want to point out that this article contains some fuzzy logic. The lawsuit said Washington Families challenged 222 signatures and the SOS found 13% of them to be invalid. That is reported in this article as "based on observations of volunteer election watchdogs, up to 13 percent of the signatures accepted were invalid". 13% of the whole is not the same as 13% of the challenged part. I get angry when I read the 13% of the whole is claimed invalid and that they only had a 1% margin. That is worth fighting and fighting hard. The other is very different. Is this sloppy reporting, or is somebody trying to pump up their argument to fight in court rather than focusing all resources on the election?
19
Word of caution to those concerned citizens following closely this ruling, making the names available in court is a backdoor way of exposing the signers of the petition and placing them in harms way. So we must keep our eyes on what tactic the other side is gonna use to get their way while making it seem that they are losing ground.
20
@ 18) As the post says, "Levinson says that based on observations of volunteer election watchdogs, up to 13 percent of the signatures accepted were invalid." I asked her if the lawsuit's argued that--because 13 percent of the sample was believed to be invalid--that number could be extrapolated to mean that up to 13 percent of all the approved signatures may be invalid. Levinson said, "Yes."
21
The Sec. of State didn't bend the rules, he did as has always been done - if they are registered when checked the signature is good.
The names should be released as should the names of the LGBT club at the city.
The names should be released as should the names of the LGBT club at the city.
22
Does Judge Settle work for Protect Marriage Washington? Does Judge Settle work for anti-gay groups?
23
@19: it's interesting how you manipulate when and when not to abide by legal standards of public record.
24
The law is the law. PMW knew that the backs of the petition sheets *must* be signed (they said so in their own emails and memos to supporters) and yet they did not sign them. Further evidence that they knew that they needed to be signed was that they were falsely "signed" by Larry Stickley's stamp where it states that the person who collected signatures *must* sign the petition sheet for it to be valid. Furthermore, not only did Stickley himself did not *personally* collected those signatures, he did not even *personally* stamp his signature on to the petition sheet. Therefore it is beyond a issue of the petition sheets simply not being signed, it is an additional issue of them being fraudulently signed.
It is not a case of the petition gatherers being ignorant of the law. It is a knowing, direct, failure to comply with the law. The law must be upheld. These petition sheets must be thrown out.
It is not a case of the petition gatherers being ignorant of the law. It is a knowing, direct, failure to comply with the law. The law must be upheld. These petition sheets must be thrown out.
27
I'm going to harass and threaten every single petiition signer just to make sure Loveschild gets hers. I'm sure her name is on the petition somewhere.
29
sunshine laws of the state vs. the perception of threat, which need not be proved to a high standard
who will win - not the sunshine law
the feds will carve another exemption as they did for the lefties in 1982
their case is based on the bill of rights - interesting theory, but really nothing to do with beating Ref. 71 - they have distracted us from our task.... are they that smart? Good diversion?
I would not count on this judge? Where is that story?
who will win - not the sunshine law
the feds will carve another exemption as they did for the lefties in 1982
their case is based on the bill of rights - interesting theory, but really nothing to do with beating Ref. 71 - they have distracted us from our task.... are they that smart? Good diversion?
I would not count on this judge? Where is that story?
30
@Loveschild: We - and by we I mean the two seemingly polar opposites represented here - will make a deal. You stop murderers from targeting doctors who have ever performed an abortion, and we will stop anyone from harrassing a person who signed the petition.
Deal?
Deal?
31
Incidentally, damn skippy my heterosexual whitey mc whiterson whiteness cisgendered privileged ass wants to see each and every signature released so i know every fucking coward out there who hates my LGBTQ friends, neighbors, siblings, and parents.
I won't harrass them. Heck, I won't even talk to them. I will do as Jesus told me to with apostates and shun them. I just want to know who to shun.
I won't harrass them. Heck, I won't even talk to them. I will do as Jesus told me to with apostates and shun them. I just want to know who to shun.
33
Having your signature hidden on a petition is a little like wearing a hood to a bonfire. In this country, we're told to stand up for what we believe in. That doesn't mean that it's acceptable to legislate discrimination, and then cower in anonymity. If 'the system' requires signatures to be made public, no one would have anything to fear because we'd be encouraged to stand up for our rights without fear. The fear comes when those who oppose you are allowed to attack you from the shadows without being identified. Make the system transparent, and eliminate the fear!
34
"making the names available in court is a backdoor way of exposing the signers of the petition and placing them in harms way."
When you start championing the safety and security of abortion providers, I'll take you seriously.
Besides that nobody on this particular list is in any actual threat of harm.
When you start championing the safety and security of abortion providers, I'll take you seriously.
Besides that nobody on this particular list is in any actual threat of harm.
36
@34 - but didn't the Stranger phone like 4 of them? think of the mental cruelty of a phone call, it's intrusive nature, and the pain of having to confront one's inner inconsistencies and un-Christian behavior ...
I weep for them now realizing God won't let them into heaven.
I weep for them now realizing God won't let them into heaven.
37
"If we knock off all of the abortion providers will you take us seriously? "
you'd probably have to tell me which "we" you are i guess
you'd probably have to tell me which "we" you are i guess
38
@Dominic Holden #20 So, the fuzzy logic belongs to the person you interviewed and not to you the author. Thanks for clearing that up. The logic is still bad. If the SOS examined 222 random signatures and found 13% invalid I could agree with Levinson that one could extrapolate to the whole. But, the 222 was (according to the legal document quoted) a suspect subset of the whole. So, from the whole 222 which were thought invalid were challenged, 13% of those were confirmed invalid. That is NOT 13% of the whole. To extrapolate back to the whole is not logical.
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