Lawyers: Legal arguments in the WA recount case

[sabra]

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http://seattlepi.nwsource.com/local/aplocal_story.asp?category=6420&slug=WA%20Governor%20Recount%20Legal

Legal arguments in the recount case

By REBECCA COOK
ASSOCIATED PRESS WRITER

TACOMA, Wash. -- When Pierce County Superior Court Judge Stephanie Arend decided to prevent King County from counting hundreds of newly discovered ballots, she based her decision on state law and a three-day-old Supreme Court ruling.

The Supreme Court ruling concludes, in part:

"Thus, under Washington's statutory scheme, ballots are to be 'retabulated' only if they have been previously counted or tallied, subject to the provisions of RCW 29A.60.210."

....

But King County, the state Democratic Party and the secretary of state's office disagreed with the ruling. They point to the state law - RCW 29A.60.210 - referenced in the Supreme Court ruling.

This law says, in full:


"Whenever the canvassing board finds that there is an apparent discrepancy or an inconsistency in the returns of a primary or election, the board may recanvass the ballots or voting devices in any precincts of the county. The canvassing board shall conduct any necessary recanvass activity on or before the last day to certify the primary or election and correct any error and document the correction of any error that it finds."


That will probably be an issue for the Supreme Court justices to consider when they hear the case, possibly next week.
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[bemis12]

1. Hmmmmm

"The canvassing board shall conduct any necessary recanvass activity on or before the last day to certify the primary or election and correct any error and document the correction of any error that it finds."

That part looks suspiciously like it would have had to be done before certification- or by last Monday. If that's the case, then maybe it's right to exclude them under the law.