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HomeMy WebLinkAbout1987 December 29 1987 Special Water District 4GR n DD TOTAL - Po a TOTAa AND ABSENTEES CUMULATIVE REPORT - 2 PRECINCTS PROCESSED PAGE 1 WHATCOM COUNTY9 WASHINGTON SPECIAL ELECTION DECEMBER 299 1987 154 68■8 BALLOTS PROCESSED/TURNOUT 224 REGISTRATION PT ROBERTS WATER 4 CCM 4 YR TM PO SN COUNT % RK 184 75 48.7 02 PON CALDER 185 79 51.3 01 DEAN T NELSON 6'h in a'1 7 POLL TOTALS PRECINCT REPORT FOR 161 PT ROBERTS PAGE 1 WHATCOM COUNTYs WASHINGTON SPECIAL ELECTION DECEMBER 29, 1967 i24 55,4 BALLOTS PROCESSED/TURNOUT 224 REGISTRATION PT ROBERTS WATER 4 COM 4 YR TM PC SN COUNT RK 104 63 01 PON CALDER 185 61 49.2 02 DEAN T NELSCN 441 ss 8 ABSENTEE TOTALS PRECINCT REPORT FOR 200 WATER ❑IST 4 4YR A.V PAGE 1 WHATCOM COUNTY, WASHINGTON SPECIAL ELECTION DECEMBEP 29* 1967 30 BALLOTS PROCESSED PT ROBERTS WATER 4 CON 4 YR TM POSH COUNT RK 184 12 40.0 02 ROA CALDER 185 IS 60.0 01 DEAN T NELSON i a 3 6 r B 10 IT kY 14 --I3r1 1 3: 1 STAT! OF WAShi"GTON ) )SS. AMDAyrT OF L-OrJNTY O/ WMATCOM ) MAILING The being first duly sworn, on oath etateas That on Mia day affianr depouied in the maiis of the Umrod Statee of Awrerkts a properly stamped and addra direood to the attorneys of record of cenhwsing a of the downenr ro ch this effidevit h an Srbavlbed end Sworn to before me rht. day November 1p 87 NWary /wNk In end for the lrefe of WseFrirraf=y 2*0;i4p as B (COPY Receipt) JENNA GRAHAM, OOUNTY CLERK WHATCQM COUNTY, WASFi[OM By (Clerk's Date Steanp) SUPERIOR COURT OF WASHiNO i ON FOR WHATCOM COUNTY The State of Washington on the relation of David S. McEachran, No. 87 2 010 51 p Prosecuting Attorney for Whatcomv1 County, Petitioner, NOTE FOR: Motion Calendar VS. 1:30 P.M. - Dept. No. 2 JOAN OGDEN, Whatcom County (Caveat: Use separate sheet for each noting) Auditor, Respondent. ❑ NOTE FOR TRIAL DOCKET Please take note that this case Ls now at Issue and the clerk is requested to note It on the trial docket to be brought on for trial at the time set by the court. ❑X -NOTE FOR MOTION DOCKET Please take note that the Issue of law in this case will be heard on the date set out In the margin and the clerk Is requested to note the same on the motion docket for that day. Date of Hearing (hour) Estimated Length of Trial Dace of Friday, December 4, ACNWX Hearing U8Z,.... at- _ 1_--- (hour) Nature of Motion APPLICATION FOR A WRIT OF MANDAMUS Date of ❑ NOTE FOR DIVORCE CALENDAR Hearing .___. ..._. ,...__.._- (Non -Contested Case) Complaint Please note this case on the non -contested divorce Filed on ......_..._�..... .._� .._.___ -calendar for hearing on the date set out in the proof of --imargln. Service Filed ---. . ........ .......----....... ._...._..., - TO THE CLERK OF COURT and to opposing attorneys for __Respondent (Name and Address of Opposing Attorneys) r Joan Ogden County Auditor Whatcom County Courthouse 311 Grand Avenue LBellingham, WA 98225 WARREN J. PAGE (Type Name) of Counsel for .P.etitianer (Name, address and telephone of Attorneys) Office of the Prosecuting Attorney Whatcom County Courthouse 311 Grand Avenue Bellingham, Washington 98225 J Phone: 676-6784 Nofe for: 1:30 P.M. Motion Calendar - Dept. No. 2 (I.Ift and Continue I1st of Opposing Attorntys on Reverse Side) Feed r.,'ov 5 1987 0148r, #AM, COUNTY CLH11 IN THE SUPERIOR COURT OF THE STATE OF WASHY, FOR WASI�IHG�UN FOR WHATCOM COUNTY ��,y _ M1 THE STATE OF WASHINGTON ) on the relation of David S. ) McEachran, as Prosecuting ) Attorney for Whatcom County, ) Petitioner, ) VS. ) JOAN OGDEN, Whatcom County ) Auditor, ) Respondent. ) V 6 APPLICATION FOR WRIT OF MANDAMUS COMES NOW the State of Washington on the relation of David S. McEachran, Prosecuting Attorney, for Whatcom County, and respectfully prays the Court for a Writ of Mandamus addressed to Joan Ogden, Whatcom County Auditor, directing her to strike the results for the Point Roberts Water District No. 4 Commissioner position, for a four (4) year unexpired term, which election was -held on Novem�r 3, 1987. Additionally, that the Court order a re-election for that position. This Application is based upon the attached Affidavit of Joan Ogden, Whatcom County Auditor. DATED this a day of November, 1987. DAVID S. McEACHRA � Prosecuting Attorney -Application for Writ of Mandamus - NOV 251997 JENNA GRAHAM, COUNTY Cl. K IN THE SUPERIOR COURT OF THE STATE OF WASH4 IMMMIXOUNT t WASHiNGTQN FOR WHATCOM COUNTY By THE STATE OF WASHINGTON ) � � � �� on the relation of David S. ) McEachran, as Prosecuting ) No. Attorney for Whatcom County, ) MOTION AND AFFIDAVIT Petitioner, ) FOR ORDER TO SHOW CAUSE VS. ) JOAN OGDEN, Whatcom County ) Auditor, ) Respondent. ) ) COMES NOW the Petitioner, the State of Washington, on the relation of David S. McEachran, Prosecuting Attorney for Whatcom County, and moves the Court for an order to show cause why the Court should not grant the Petitioner's Application for Writ of Mandamus directing the Whatcom County Auditor to strike the results of the General Election held on November 3, 1987, for the position of Point Roberts Water District No. 4 Commissioner, four (4) year unexpired term, and ordering a re-election for that position. This Motion is based upon the Application for Writ of Mandamus and the Affidavit of Joan Ogden, Whatcom County Auditor. DATED this �3-� day of November, 1987. DAVID S. MCEACHRAN, Prosecuting Attorney -Motion and Affidavit for Order to Show Cause- NOV 25 19@7 JENNA GRAHAM, COUNTY CLERK V-1HATCOM COUNTY, WASHINGTON IN THE SUPERIOR COURT OF THE STATE OF WASH�VNTON FOR WHATCOM COUNTY THE STATE OF WASHINGTON ) on the relation of David S. ) �� McEachran, as Prosecuting No. 0 7�.� Attorney for Whatcom County, ) ORDER TO SHOW CAUSE Petitioner, ) VS. ) JOAN OGDEN, Whatcom County ) Auditor, ) Respondent. ) THIS MOTION having been regularly presented on the 25th day of November, 1987, upon the Motion of David S. McEachran, Prosecuting Attorney for Whatcom County, for an Order to Show Cause directed to the Respondent to show why the Court should not issue a Writ of Mandamus directing the Respondent to strike the results of the General Election held on November 3, 1987, for the position of Point Roberts Water District No. 4 Commissioner, four (4) year unexpired term, and ordering a re-election for that position. The Court having considered the Application for a Writ of Mandamus and the Affidavit on file herein, and being fully advised in the premises, IT IS HEREBY ORDERED, ADJUDGED and DECREED: That the Respondent appear in person or through counsel on December V1, 1987, before this Court and show why a Writ of Mandamus should not issue requiring the Respondent to strike -Order to Show Cause - 1. the results of the General Election of November 3, 1987, as to the position of Point Roberts Water District No. 4 Commissioner, four (4) year unexpired term, and Order a re-election as to that position. If you fail to appear in person or by an attorney and answer this Application, the relief as described in the Motion may be granted. DATED this62day of 1987. N.F. JACKSDN J% COURT CpMAqWOW Presented by: DAVID S. McEACHRA _ Prosecuting Attorney -Order to Show Cause - 2. NOV 2 5 1967 IN THE SUPERIOR COURT OF THE STATE OF WASHIGNTON COUNTY CLERK FOR WHATCOM COUNTY 1ENNA GRAHAM, WHATCOM CULigy, WASHINGTON THE STATE OF WASHINGTON ) By�_� on the relation of David S. McEachran as Prosecuting ) ) _+ No. � 05 Attorney for Whatcom County, ) AFFIDAVIT OF JOAN Petitioner, ) OGDEN VS. ) JOAN ODGEN, Whatcom County ) Auditor, ) ) Respondent. ) STATE OF WASHINGTON ) ss. COUNTY OF WHATCOM } JOAN OGDEN, being first duly sworn upon oath, deposes and says: The General Election was held on November 3, 1987, and one of the races was for the Point Roberts Water District No. 4 Commissioner position. This position was to be for a four (4) year unexpired term. The candidates were Ron Calder and Dean T. Nelson. The unofficial vote totals which include both precinct and absentee tabulations, showed Dean Nelson with 69 votes and Ron Calder with 69 votes. On November 18, 1987, the unofficial tabulations were presented to the Canvassing Board comprised of Darlene Metcalf, Tom Burton and Warren Page and an official tabulation was reached showing Dean Nelson with 69 votes and Ron Calder with 68 votes. It was discovered that one of the ballots was -Affidavit of Joan Ogden - 1. eventually twice run through a portable precinct ballot counter on the night of the election. The Board then discovered a ballot stub in the transfer case which contained a legitimate write-in for a third candidate in the Point Robert's race. The write-in portion of a ballot and hole punch portion of a ballot are detachable. Generally, when there is a write in candidate both halves of the ballot are marked so that they can be identified. This procedure eliminates the possibility of an over vote. An over vote occurs when a voter both writes in a candidate's name and punches a hole corresponding to one of the other candidates names thereby voting twice. In the present case, the two distinct halves of the ballot in question were not marked so that they could later be identified. This occasionally happens but usually does not affect the race. However, because Mr. Nelson and Mr. Calder are officially one (1) votes apart there is a significant impact. All three (3) of the poi& workers were contacted by my office regarding the ballot irregularity. None of the three (3) observed the ballot closely enough to resolve the dispute in question_ OAN OGD N Whatcom County Auditor -Affidavit of Joan Ogden - 2. SUBSCRIBED and SWORN to before me this OLLday of November, 1987. NOTARY PUBLIC in for the State of Washington, residing at Bellingham. My Commission expires: Z_3_/a�j/S -Affidavit of Joan Ogden - 3. vvr Al t,UIVI (;UUN f Y AUDITOR'S OFFICE P.O. Box 398 Bellingham, WA 98225 Glennis Christie Editor/Publisher A-11 Point Bulletin P. 0. Box 963 Point Roberts, WA 98281 Dear GIs. Christie: JOAN OGDEN, Auditor Phone 676 - 6740 November 30, 1987 The questions you have asked can only be answered with a general overview of the election process of November 3rd. For instance, the second part of question six is immaterial since we had no report or knowledge of a machine malfunction. It is also obvious to us that an error in a write in procedure occurred so that an exact result of this race is impossible to determine. In all elections it is hoped that each and every aspect of the process is accurate and foolproof but you are surely aware that the poll workers are limited by their twice yearly use and the extra responsibilities placed upon them at Point Roberts. The November 3rd election in Point Roberts was, to our knowledge, handled in a normal manner throughout the day. At closing, the poll workers counted the ballots by P.B.C. which apparantly was asked to count one ballot twice. This has been verified by counting the number of voters signing the poll book and the number of ballots actually produced. The results were then phoned to the counting center as unofficial. These totals showed an error in this race which you know about. Though unofficial, we called Point Roberts to have the totals checked for clarification. At that time, at our request, the seal was broken and the totals re -read to us at the courthouse. Error corrected. As provided by law the results, once absentees were certified and counted, demanded a recount. This was handled by the Official Canvassing Board. All parties involved have done their best to recreate the exact sequence of events for a clear picture of this election. Sincer QUESTIONS REGARDING THE NOVEMBER 3 ELECTION IN POINT ROBERTS: 1. When was the ballot box sealed? 2. When the counting error in the water board race was discovered, a) was the ballot box opened? b) who opened it? c) where? d) who did the recount? 3. If the ballot box was opened, how long was it unsealed and in whose possession was it until it was delivered to the Auditor's Office? 4. What process was used to verify whether or not there were write-in votes for any office? 5. Have local election officials been queried to determine whether or not the entire voting process in Point Roberts was carried out appropriately? Is such a query planned? Will independent responses be sought from each? 6. Was there in fact a faulty voting machine used in Point Roberts? Are there guarantees that local officials corrected the problem? 7. Can it be verified that one ballot was actually counted twice in the water board race? Has this been checked against the vote count for Fire Protection District +5 2-year unexpired term tallies? Nov mber 25, 1987 - Jlennys C�e Editor/Publisher ALL POINT BULLETIN January 8, 1988 10:00 A. M. CHALLENGE BALLOT CANVASSING AUTHORITY Pursuant to Revised Code of Washington Chapter 29.59 and 29.62.020 and 29.62.030, the following are hereby designated as the official canvassing board for the challenged ballots cast during the Special Election held on December 29, 1987. Tom Burton Darlene Metcalf Warren J. Page The said Tom Burton, Darlene Metcalf and Warren J. Page proceeded as a canvassing board in and for the County of Whatcom, State of Washington, during the Special Election December 29, 1987. MINUTES OF THE BOARD OF THE WHATCOM COUNTY CHALLENGE BALLOT CANVASSING AUTHORITY. A board meeting of the Whatcom County Challenge Ballot Canvassing Authority was called on January 8, 1988, in the office of the County Auditor. Darlene Metcalf, County Deputy Auditor, Tom Burton, County Legislative Authority and Warren J. Page, County Deputy Prosecuting Attorney were present. There were 30 challenged ballots to be presented to the canvassing board and it was by unanimous decision of the board that those ballots were valid ballots and counted. Canvassing board meeting adjourned 10:45. BOARD OF WHATCOM CO6N'I'?11'n CHALLENGE BALLOT CA&WASSING AUTHORITY - ! f �j n'- JL Co n y Legislat ivt, th,rity County Deputy Auditor s�o' '-, (Z" . P County Deputy�Pros cuting Attorney WHATCOM COUNTY AUDITOR'S OFFICE P.O. Box 398 Bellingham, WA 98225 JOAN OGDEN, Auditor Phone 676 - 6740 January 4, 1988 TO: News Media FROM: Shirley Forslof Whatcom County Auditor -Elect RE: Meeting of Canvassing Board OPEN PUBLIC MEETING NOTICE The Canvassing Board of Whatcom County, pursuant to RCW 29.62.020, will hold a public meeting at 10:00 A. M., Friday, January 8, 1988, at the Election Department of the Whatcom County Auditor's office, 311 Grand Avenue, Bellingham, Washington to canvass the votes pertaining to Point Roberts Water District No. 4 Special Election held December 29, 1987. This meeting of the Canvassing Board is an open, public meeting under the applicable provisions of chapter 42.30 RCW, and shall be continued until the activity for which the meeting is held has been completed. A record of the proceedings of the county canvassing board shall be made and maintained in the county auditor's office.