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Tuesday, September 15, 2009

Why the State Accepted Ambiguous Signatures

Posted by on Tue, Sep 15, 2009 at 1:15 PM

Last week, Thurston County Superior Court Judge Thomas McPhee allowed Referendum 71 to appear on the ballot, issuing his decision in a long-ass oral ruling. The stenographers today finished the pain-in-the-ass transcription and it now appears online (.pdf). McPhee provides his logic on why tens of thousands of signatures that were arguably invalid should be accepted.

Here's an excerpt about petitions that weren't signed by the signature gatherer:

Of the 2,680 petitions unsigned by the signature gatherer, 2,508 were stamped with Mr. Stickney's facsimile signature and 172 were not. I conclude that the presence of Mr. Stickney's facsimile signature is not material to any issue decided here because the presence or absence of the facsimile signature was not the basis for the Secretary's decision to accept the petition...

And here McPhee addresses the complaint that some voters may not have been registered when they signed:

For decades, the Secretary of State has used the date of checking as the date for determining whether a voter is registered. Realistically there is no other way. The Secretary of State has the ability to determine in nearly every case the date when a registered voter registered. That can be known. What cannot be known is the date when the voter, whether registered or not, signed the petition.

But Pro-gay lobby Washington Families Standing Together (WAFST) had filed the suit to keep the measure off the ballot, encouraged by a previous ruling in King County. Although the judge in the King County case, Julie Spector, said she couldn't rule to block the measure—it was out of her jurisdiction—she acknowledged "the Secretary of State does have the power to refuse petitions with falsely signed declarations, petitions with blank declarations, and signatures of people who were not yet registered voters." Spector also noted that while some people may register to vote at the time they sign a petition—meaning they aren't registered when they sign the it—"that does not mean it is in accordance with Washington law." In the Thurston County Suit, WAFST also argued that election observers saw some signatures accepted that they believed were invalid.

WAFST decided not to appeal, but they did join a recent lawsuit filed by the state to release the petition signatures to the public. That way, they argue, citizens could independently verify if the some signatures were accepted in error.

 

Comments (5) RSS

Oldest First Unregistered On Registered On Add a comment
slaggy 1
Why even have a provision for the "signature gatherer" if the state can just ignore it?
Posted by slaggy http://www.videowatchdog.com on September 15, 2009 at 1:24 PM
Will in Seattle 2
Face it, they forged most of the signatures after rummaging around in people's trash bins.
Posted by Will in Seattle http://www.facebook.com/WillSeattle on September 15, 2009 at 2:06 PM
3
so old news

done, over

Ref. 71 is on the ballot - we were out smarted, the legal challenges should have been early in the process, well before certification

oh well, too many attorneys always make a mess of things
Posted by Clyde on September 15, 2009 at 2:41 PM
Will in Seattle 4
Trust. But verify.

And when verification is impossible, realize they lied but we all have to vote Yes or the bad guys win.
Posted by Will in Seattle http://www.facebook.com/WillSeattle on September 15, 2009 at 3:23 PM
5
Want equality? Let's get our asses of the courts (where we keep losing in Washington) and into the streets (which actually has proven to lead to victory in the past).

Seattle LGBT Equality Weekend October 10 – 11, 2009

Seattle OUTProtest has brought together a grassroots coalition of gay, lesbian, bisexual, transgendered and straight people and organizations to organize a series of solidarity events to coincide with the National March for Equality this October.

March and Rally
Forty years after the Stonewall Rebellion, we march in solidarity with our brothers and sisters and allies in Washington, DC to demand equal protection in all matters governed by civil law in all 50 states and to show our public support for the Approval of Referendum 71 here in Washington state.
Sunday, October 11
2:00 pm: Volunteer Park, 10th Ave E & E Prospect
5:00 pm: Rally, Federal Courthouse, 7th & Stewart

Thinking Queerly: Community Workshops on LGBT Issues
Community organizers and activists will present a series of workshops on a range of issues affecting the lgbt community including Stonewall and lgbt movement history, homelessness, hate crimes and self defense, lgbt health, Don’t Ask Don’t Tell, lgbt legal issues, Gay-Straight Alliances, marriage equality, and more.
Saturday, October 10
9:30 am to 5 pm
Piggot Auditorium, Seattle University

HIV/AIDS Vigil
As the AIDS pandemic nears its fourth decade, we gather to educate and raise awareness about the continued struggles of people living with HIV/AIDS and their families, friends, and support networks as well as to demand all resources and all funding necessary for prevention, treatment, and a cure.
Saturday, October 10
Starting at 6 pm
Seattle Central Community College South Plaza, Broadway & E Pine

Generation Q Mega Mixer
Come mingle and mix with seasoned leaders and activists of the GLBTQ community at the Generation Q Mega Mixer. Young leaders (25 and under please) will have the opportunity to socialize, learn from, and quite possibly have a dance off with some of the community's most inspiring members in a relaxed social environment.
Sunday, October 11
6:30 pm
Sole Repair Shop, 1001 E Pike

Seattle LGBT Equality Weekend March & Rally
http://nationalmarch.seattleoutprotest.o…

Get involved with one of our planning committees! Contact for more time and details:
March/Rally Committee, March@seattleoutprotest.org
Workshops Committee, Workshops@seattleoutprotest.org
Outreach Committee, Outreach@seattleoutprotest.org
Mixer Committee, Mixer@seattleoutprotest.org
HIV/AIDS Vigil Committee, Vigil@seattleoutprotest.org

Biweekly General Organizing Meetings, please contact whitney@seattleoutprotest.org for time and location.

National Equality March: Equality Across America
www.equalityacrossamerica.org

Approve Referendum 71
Keep the Domestic Partnership Law
More...
Posted by Out of the closets/courts and into the streets on September 15, 2009 at 3:44 PM

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