Repubs Get TRO on the 723 Newfound Ballots

[TexasLawyer]

The Repub Party got a Temporary Restraining Order on opening the newfound ballots. I guess they're afraid of what's in there. The article says the State Democratic Party Chairman will appeal.


http://seattlepi.nwsource.com/local/aplocal_story.asp?c...

By REBECCA COOK
ASSOCIATED PRESS WRITER

TACOMA, Wash. -- A judge Friday granted a state Republican Party request to block the counting of hundreds of recently discovered King County ballots in Washington's incredibly close governor's race.

Pierce County Superior Court Judge Stephanie Arend's decision hinged on whether it was simply too late for counties to reconsider ballots from the November election, even if such ballots were erroneously rejected by election workers. From reading state law and state Supreme Court decisions, "it is clear to me that it is not appropriate to go back and revisit decisions on whether ballots should or should not be counted," Arend said. <snip>


King County officials and Democrats had wanted to include 723 newfound ballots in the hand recount, saying they are valid ballots that were mistakenly rejected because of county workers' errors. But Republicans went to court, saying it was too late.

Specifically, Republicans were granted a temporary restraining order to stop elections workers from taking the newly discovered ballots out of their outer envelopes, which bear the voter's signature. <snip>

[Hamoth]

1. dead link

[TexasLawyer]

5. Here's a Better Link-- Sorry

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

[Coyul]

2. Republicans hate us for our freedoms

n/t

[pick_a_dilly]

3. you did a better job psoting info --- how do i remove my topic??

;-)

[Lil]

4. I did that y esterday - I just typed delete in the subject line, removed.

. . . the message and the software program did the rest. :-)

[EQPlayer]

6. Disenfranchisement due to worker error

Sound like a great way to run a democracy! One day I hope it's actual the Repukes on the losing end by 42 votes -- and we can be as gracious as they are!

(Of course they know if they lose by 42 votes, they've lost, because no recounts ever appear to help the Repukes!)

[TexasLawyer]

7. TROs Don't Really Prove Much

about the real merits of someone's case. They are quickie orders, issued after an "ex parte appearance" (an appearance in court by just one party without the other being present). The TRO is an order of the court that states that a person is to refrain from particular acts and to stay away from particular places.

I don't know specifically about Washington law, but usually TROs can be issued the same day they are requested and they stay in effect only temporarily (The "T" in TRO).

So, this ruling is not the huge defeat that it might appear at first glance to be.

[righteous1]

10. I did not see

see why they need to appeal a TRO. Usuually a TRO just becomes a PRO od is lifted

[TexasLawyer]

17. You're Right

The guy who said they would "appeal" was the State Democratic Party Chairman, who may not be an attorney. He was probably just using "appeal" as a generic term meaning the Dems want to get the restriction lifted.

[Jersey Devil]

18. They prove the trial judge is convinced of a "likelihood of success"

of the lawsuit, one of the required elements of a TRO. What is puzzling me is what of the other requirement, that there be "irreparable harm"? Surely there is no harm in counting votes. The only "harm" is letting people know how the votes went. Once that happens people would be outraged to find out the person will less votes is declared the winner. Same baloney as in 2000 when SCOTUS wouldn't let us see Florida's real final tally. SCOTUS used the excuse of delaying a mandated deadline for electoral votes to establish "irreparable harm" but there is no such excuse in this election.

[beyurslf]

19. I think the irreparable harm" is the opening of the envelopes

Once the ballots and envelopes are aparat, there is no way to know which ballot goes to which and therefore which ones are valid.

The success part is the tough one. The article I read stated that he ruled based on his readings of WA law stating that these ballots should not be counted because the count was already completed.

Still seems like the easy answer is count all the good ballots!

[MrUnderhill]

20. I think it's "OR" irreparable harm.

They don't need a liklihood of success... just a possibility of success... If the potential harm is serious enough.

The idea is to protect the status quo while a decision is reached.

No big deal.

[newscott]

8. Because by God

We will not count every vote!

The new Republican motto.

[bunny planet]

11. new?

[newscott]

21. ish.

Been lurking for a little while.

Now I'm posting.

[bunny planet]

23. No I didn't mean were you new. I was responding to the post about the

'new' Republican motto being 'Don't count the votes'. That has been their motto for quite awhile.

But welcome to DU anyway.:hi:

[newscott]

25. I was little slow on the uptake there. n/t

[whistle]

9. I want to know whose finger prints will appear on the outside...

...of the bundle of 723 lost ballots when it is ultimately opened.

[GetTheRightVote]

13. The "Stolen Election Party" == Republican Party

I have no respect for the party so I have created a new party name for them and all their nazi followers - I hope you like it.

Never count a vote I did not like.

[life_long_dem]

22. Does it matter? Dem's can't count ballots that repukes hid.

Those ballots never existed as far as the fukheads are concerned.

So, now it's too late because they were never counted? How convienient.

Someone definitely needs to be sent to prison, I prefer to see Blackwellion(OH), if not him then any repuke will do.

[mattclearing]

12. What happened to the Greens' TRO on the failing tabulator in Ohio?

The Republicans have no problems getting a restraining order. Shocker.

[GetTheRightVote]

15. Yes, yes, I am shocked, just shocked at the inequality of it all

Never count I vote I did not like.

[Doctor O]

14. The TRO was to prevent them from opening the envelopes,

the decision was that they could not count the votes.

[Alizaryn]

16. Survivor Ohio

MAYBE we need to just out lie, out cheat out hack them?

[Hamoth]

24. anyone have the court's full wording and decision?

I need to reveiw it and see just what friggin arcane justification they are producing for this.