Croker Sack

"Democracy is the theory that the common people know what they want, and deserve to get it good and hard." — Henry Louis Mencken (1880-1956)

Friday, January 14, 2005

Democrats question court jurisdiction in contested election

As previously discussed here and here, the Washington constitution plainly requires the legislature to decide a contested gubernatorial election.

The Democrats in the legislature refused to postpone issuing a certificate of election to Gregoire the Pretender. They argued during the debates in the Senate and the joint session that the matter belonged in the courts.

Now, if The Seattle Times has reported the situation accurately, the Democrats have raised the issue in the Chelan County Superior Court where the issues regarding the contested election are being heard.
In papers filed Wednesday, Democratic attorneys said if the court sides with Republicans, it should at least delay discovery until some legal questions are answered. Those include:
• Should the election contest be heard by the Legislature instead of the courts?
• If it is heard by a court, should the case begin at the state Supreme Court?
• Is the new election Republicans want allowed under the state constitution?
As previously noted in Croker Sack, a motion to dismiss for lack of jurisdiction to decide the contested election wouldn't be likely until after Gregoire the Pretender took the oath of office.

Well, she took the oath of office on Wednesday, and that same day the Democrats raised the issue of jurisdiction. Was the issue raised in a motion to dismiss?


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