EFF requests election-related public
records from Secretary of State
OLYMPIAThe Evergreen Freedom Foundation filed a public
records request with the Secretary of State today to obtain key election
procedure documents to evaluate the integrity of Washington state elections.
Congress recognized voting problems in the 2000 Presidential race and passed
the Help America Vote Act of 2002. State lawmakers responded similarly in
2003 and 2004 and changed the state election laws effective July 1, 2004.
Had these changes been properly implemented, many of the most serious
problems we confronted during this past election would have been moot. (i.e.
Different standards used in different counties, the proper handling of provisional
ballots, canvassing and recanvassing, ballot security, lack of uniform standards
for recounts, etc.)
Our Foundation is seeking to determine why the federal and state laws were
not fully implemented by the Secretary of State and what corrective action
is needed by the 2005 Legislature.
EFF President Bob Williams said the problems in the 2004 election transcend
the governors race. The impact of this election on the
integrity of the elections system and the governor-elect cannot be overstated.
Free and fair elections are the cornerstone of a legitimate representative
government, said Williams. Party politics should never trump
the right of a qualified citizen to cast a ballot and know it will be counted.
EFF is also seeking to determine the results of past reviews by the Secretary
of State of election procedures in King, Kitsap, Pierce, Snohomish and Thurston
Counties, and whether the deficiencies previously identified have been corrected.
We are also trying to identify how many military ballots were not counted
and why.
At a March 23, 2005, House Appropriations hearing on a bill to gut the voter-approved I-601 spending limit, Rep. Jim McIntire (D) asked a supporter of I-601’s two-third supermajority requirement for the legislature to raise taxes the following question:
"Can you name a time when we [legislators] have actually not just set it [supermajority requirement] aside by majority vote? I mean, this is in many respects a procedural motion that has no bearing. It’s a statutory constraint that cannot constrain any legislature that chooses as a majority to set it aside . . . have we ever used a supermajority [to raise taxes]?"