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*** CALL THE TOLL-FREE LEGISLATIVE HOTLINE ***
1-800-562-6000
Please call the toll-free Legislative Hotline in Olympia and tell your representatives to certify the election of CHRISTINE GREGOIRE.
SUPPORT CHRISTINE GREGOIRE, OUR GOVERNOR-ELECT!
1-800-562-6000
Posted on: 1/5/2005 6:03:38 PM
by suzie2004@comcast.net
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Legal Notes: A ‘Re-Vote’ is Unconstitutional
While a re-vote makes for a catchy slogan, it’s next to impossible in practice. A new gubernatorial election is not allowed under State Law or the State Constitution.
TO: Washington State Media
FROM: Jenny A. Durkan, esq.
DATE: January 6, 2005
RE: Legal Notes: A ‘Re-Vote’ is Unconstitutional
Republicans, disappointed their candidate lost the race for governor, are waging a misleading public relations effort calling for a a multi-million dollar election do-over. While a re-vote makes for a catchy slogan, it’s next to impossible in practice.
A new gubernatorial election is not allowed under State Law or the State Constitution.
Consider these points:
1. There is no statute or case precedent authorizing a revote in a gubernatorial race.
2. The Washington Constitution has several provisions relating specifically to the elections for the office of governor. These provisions make it clear that gubernatorial elections can occur only (1) at the same time as members of the legislature are elected and (2) at general elections, which occur in November.
a. First, the Washington Constitution requires that the governor be elected "at the same time and place of voting as for the members of the legislature"(Article III, section 1).
Further, the Constitution sets "the first Tuesday after the first Monday in November" as the date for electing members of the legislature, "unless otherwise changed by law." (Wash. Const. art. II, § 5).
The Constitution further provides that the governor's term of office must begin "on the second Monday in January after the[[]] election until otherwise provided by law." (Wash. Const. art. III, § 4).
b. Second, the Washington Constitution requires governors to be elected at a general election. In general, statewide executive offices cannot be filled by special or other election if left vacant during the constitutionally prescribed term. For example, in the 1910 case Fish v. Howell (59 Wash. 492, 498) the court ruled elections for Secretary of State can only occur at the general election held every four years.
For the office of governor, the Washington Constitution has a section specifically addressing what should occur if a person "regularly elected to the office of governor" does not take office or is removed from office (Washington Constitution. Article III, § 10). It lists which state officer would succeed to the office of governor instead of the person regularly elected, and it says that person holds office until "a governor be elected and qualified; and if a vacancy occur more than thirty days before the next general election occurring within two years after the commencement of the term, a person shall be elected at such election to fill the office of governor for the remainder of the unexpired term." Thus, if a situation arises in which there needs to be an election for governor at any time other than the regular election every four years, the election still must be at a general election, which occur in November.
3. Although the next general election is November 2005, the next general election at which legislators will stand for election is November 2006. It would require amending the constitution for the Governor to be elected separate from the Legislature. A Constitutional amendment requires approval by 2/3 vote of each house of the legislature and the people would have to approve the amendment at the next regular general election in November 2005 (Washington Constitution, Article XXIII, Section 1). Even if the Legislature voted to amend the Constitution, there could be no “re-vote” this year.
4. Cases involving officials other than statewide executive officers are not relevant for several reasons. First, the Washington Constitution states that contests for statewide executive officers shall be determined "by the legislature," not the courts (Washington Constitution Article III, § 4). Second, any inherent Constitutional power a court may have to order a new vote in an election is necessarily limited by the Constitution's specific provisions for gubernatorial elections. Finally, to distinguish the 1983 special election for U.S. Senate cited by Gov. Evans, elections for federal offices are controlled by the U.S. Constitution, rather than the Washington Constitution, and hence are subject to entirely different rules.
5. Even if the Constitution did not bar a “re-do” any bill passed to enable a revote would require Governor Gary Locke to sign the bill into law. Governor Locke has already indicated that a “revote” is wrong for the State of Washington. It would take a vote of 2/3 of both house of the legislature to overcome his veto. (Washington Constitution, Article III, Section 12).
Posted on: 1/6/2005 9:45:03 PM
by robdolin@wuxx.com
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