December 09, 2004
T-r-e-n-d

As mentioned by some commenters in previous posts, recount numbers continue to trickle in. In addition to yesterday's reports from Mason and Garfield, Skamania and Wahkiakum have reported today. Rossi ended yesterday +45. His lead has now grown to +46. As one of our more excitable Democrat readers put it in his comment last night: "Can anyone spell the word t-r-e-n-d?"

UPDATE: Jefferson, Pacific and Pend Oreille have reported, with a net +3 gain for Rossi (total lead = +45). The tabulation error relative to the machine recount, which some had predicted to be 0.5%, currently stands at less than 0.06%.

UPDATE (4:45pm): Grays Harbor, Lincoln and Ferry have now reported. Net +1 gain for Rossi (total lead = +43). So far 10 counties have reported, representing 131,000 registered voters (3.7% of the state). Out of the counties that have reported: 156 more votes have been counted than in the machine recount, but only 12 more than in the first count. The reporting counties gave the following leads to Dino Rossi in the respective counts:

First count: 0.6770%
Machine Recount: 0.6680%
Manual Recount: 0.6686%

I'm still working on that spreadsheet.

Posted by Stefan Sharkansky at December 09, 2004 12:06 PM | Email This
Comments
1. I'm not putting much faith in the trend yet. King always bucks the trend and the state supreme court is the same one that is releasing 300 murder convicts because the poor murderers shouldn't stay behind bars when they didn't mean to kill the peole they assaulted. The court tends to favor the criminals over the citizens and probablty the the disqualified votes over the legit votes of you and I who voted once and correctly. That is the trend that I see.

Posted by: Chris on December 9, 2004 12:29 PM
2. Remember this: in the optical scan counties, particularly King, all the under-votes have already been looked at, enhanced, and counted. That is not true in the punch card counties. That is why we sued in federal court. We are cautiously optimistic that Dino will gain votes in punch card counties, and that there are no more votes to be had for Gregoire in King County.

Posted by: Chris Vance on December 9, 2004 12:53 PM
3. which is why there should be more emphasize on what judges we vote for....some independent group should really spell it out for us....are they liberal in their interpretations or conservative?

I can't believe I voted for Barbara Madsen and she is one of the ones voting for the felons....

Posted by: lee on December 9, 2004 12:53 PM
4. Great point, Lee! Does Chris Vance read these? Why haven't they been spelling it out for us? Seems like that would be hugely advantageous to the Republican cause!

Posted by: Julie on December 9, 2004 01:00 PM
5. When a provisional ballot is cast, it is supposed to be set aside by the election workers and later verified to see if an absentee ballot or in-the-flesh voting has occurred. If the latter did indeed happen, the provisional ballot CANNOT be counted - period!

If not, then and only then is the registration verified for the person casting the provisional ballot.

All of the proper voting requirements remain in force in order for a correctly cast ballot to be converted into a legal vote. Remember, a ballot does not equal a vote. It does, though, go through the same process as a caterpillar goes through before becoming a butterfly - a healthy process before conversion into something to behold before the light of day.


Posted by: Scoop43 on December 9, 2004 01:00 PM
6. julie:

when you have bozo the clown running the ship
you wont get vance to spell it out.he simply
doesnt have the guts to do it.

where's mark hulst when you need him

Posted by: phil spackman on December 9, 2004 01:08 PM
7. Uh, guys...we don't get to elect federal judges.
In terms of the State Supreme Court our process is to appoint a committee of Republican lawyers to interview the candidates, then make a recomendation to our Executive Board. The Board voted to endorse Madsen and Sanders this year, as we have in the past.

Posted by: Chris Vance on December 9, 2004 01:12 PM
8. I just got done doing a shift as a volunteer observer in Franklin County and they're making nice progress and the room was very friendly, casual, and everybody had a good sense that they're trying to be as accurate as possible.

Before today it was all sort of academic to me and had a sense that manual recounting couldn't be as accurate, but today I totally get it. I didn't anything where anybody was doing anything shady, but I saw the dozens of little steps involved where people could make mistakes or where a comment, glance or nod could nudge ever so slightly one way or another. Singularly not a big issue, but in the razor thin margin it's just all so critical.

I spotted as an observer a potential mistake a counter almost made (actually a potential positive to Rossi) and reported it to the head observer who talked to the elections official and she did a fair job at reinforcing with everybody a particular little process.

But, let's face it. In a mechanical count a professional staff person takes a stack of cards, puts them in a machine that counts them and spits out a total. In a manual recount that stack gets split between two people sorted around several different ways, counted, passed again, recounted, and they hand write totals on a worksheet that gets copied over to an official tally sheet that then officials copy again to a central sheet. No way that can be more accurate. It has to be orders of magnitude less accurate.

In fact, I think the chance of a vote getting tallied for the opposite candidate was the most likely error possible.

While I was there I saw a team put one ballot into an envelope for the canvassing board as a dispute, but it had already been spotted in previous counts.

I'm going to try and go back tomorrow, but I have accumulated some interesting notes and am chalking up this experience as a testament to our will as citizens to aspire to do the right thing in the face of a mathematical abberation.

I have little doubt whatever the outcome that this process will not be the final resolution and now need to bone up on what comes next.

As I left at about 11:30 I heard that Gregoire has picked up one vote after about 8 or 10 precincts had been counted.

Posted by: Matt on December 9, 2004 01:21 PM
9. Pend Oreille County reported -- +2 for Rossi. This is a net manual recount gain of +6 overall, and the margin is now +48. Not bad for an optical scan county -- let's hope King County does not have a similar rate of "improvements".

Pacific County also reported in -- no net changes. 10,621 punchcard ballots and not a single hanging or dimpled chad. Of course, Gregoire had a slight margin there, so it is good all of their chads stayed intact.

Posted by: Richard Pope on December 9, 2004 02:23 PM
10. Jefferson County was not all that encouraging. 58%-40% Gregoire voting pattern -- one of her strongest percentage counties. 18,772 ballots and they found +8 for Gregoire and +5 for Rossi. Jefferson is optical scan. However, they didn't find much on the machine recount -- +1 for Gregoire and -4 for Rossi and +1 for Bennett. Probably, Jefferson simply ran the ballots through the machine for that recount, instead of doing a thorough inspection like King County did.

The most positive news from Jefferson County is that they counted 18,772 ballots in the original count, 18,772 ballots in the machine recount, and 18,772 ballots in the manual recount.

King County does not have such good ballot control -- 898,238 on the original count, 898,574 on the machine recount, and who knows what on the manual recount?

Posted by: Richard Pope on December 9, 2004 02:36 PM
11. Over at the manure blog, they are grasping at flaws.

They have seized on a statement Reed made that seems to imply that he in contradicting himself and that there could be grounds for recanvassing ballots, especially in King County.

However, if you take Reed's remarks in context, it is clear that he is referring to systematic errors in the counting process, not in the canvassing process. Reed has maintained before and through the entire election that recount is a narrower definition than recanvass.

And the bottom line is that the case IS going to court for exactly this reason, and the Republicans, with the aid of Bush vs. Gore 2000 have a much stronger case. In essence the Democrats are asking the court to go against that decision. If it was then appealed to the US Supreme Court, they would most likely generate the same opinion.

As the trickle numbers show, the only hope for Gregoire is a judicial win, which will be viewed as illegitimate by at least half the state.

What's fantastic is that she really bet the farm on this hand recount. If she loses, her political career is definitely finished.

Posted by: Jeff B. on December 9, 2004 02:37 PM
12. The "tabulation error relative to the machine recount" is an interesting number. Certainly it encouraging that the overall rate is less than 0.05%, but I find it interesting when I do that trick in Excel and look at that rate for each county and for each candidate in each county. I'm not a statistics whize, but would bet you'd hope to see ranges. For example, I see Gregoire at 0.08% and Rossi at 0.07% in Jefferson. 0.04% and 0.12% in smallish Skamania. But it shows relative consistency to the machine count so far. If it holds true this analysis might illuminate any potential shenanigans in King at the end. Hmmmm, all the counties had a range of 0.00% to 0.12% and King has 0.47%?

Posted by: Matt on December 9, 2004 03:10 PM
13. Ya gotta luv this "Full Hand Job" MS. GREGORIE is giving us....oh baby, baby!

Posted by: wiley e. coyote - super genius on December 9, 2004 03:25 PM
14. "And the bottom line is that the case IS going to court for exactly this reason, and the Republicans, with the aid of Bush vs. Gore 2000 have a much stronger case. In essence the Democrats are asking the court to go against that decision. If it was then appealed to the US Supreme Court, they would most likely generate the same opinion."

Question for a lawyer out there: Could the WA Supreme Ct's decision be apppealed to the US Supreme Ct? In Bush v. Gore, there was a federal question (presidential election). In this case, its a state matter. Off the top of my head, I'm having trouble thinking about how I would argue that the US Supreme Ct has jurisdiction and should accept a writ of certiari.

Posted by: srogers on December 9, 2004 03:46 PM
15. I don't believe it could go federal because it is a state office and having been to the State Supreme Court watching a case in the past with a local official I was explained that by the attorney. Further in that opinion I'm struck now by a particular phrase the bench rendered in Dumas vs. Gagner, the judiciary should "exercise restraint in interfering with the elective process which is reserved to the people in the state constitution."

To me that point would be a slam dunk if Rossi prevails yet again. And it was a powerful statement that still resonates with me.

Posted by: Matt on December 9, 2004 03:56 PM
16. Grays Harbor just came in +2 for Gregoire. Considering the earlier confusion there, it is probably good news for Dino.

Other than King, what are the key counties to watch for? The Gregoire campaign mentioned Adams and Franklin that they were considering funding for a partial recount if it had come to that. But are there any others?

I don't think the Supreme Court would take this case if it came to that. After Bush v. Gore, the Supremes don't want a reputation of salvaging Republican campaigns. They refused to intervene in the Torricelli/Lautenberg case in New Jersey when the Republicans had a good argument.

Posted by: Terry Mueller on December 9, 2004 04:18 PM
17. I agree, I don't think that the US Supreme court would take the case, because there is no federal jurisdiction. Hypothetically, if they took the case though, they would most likely let their previous ruling guide them to rule against changing the counting methods in the middle of the election.

Posted by: Jeff B. on December 9, 2004 04:37 PM
18. It all comes down to King. Look, several counties and about 100,000 votes have been counted and the overall change is Rossi +1. Nothing else really matters. If King is able to count votes that weren't counted before Gregoire has a chance. If they just count the same ballots counted in the 2nd count she isn't going to pick up a measurable number of votes since King County already visually inspected all of these ballots for voter intent. It really boils down to the State Supreme Court decision on whether to allow "new" ballots into the count or not.

Posted by: Marc on December 9, 2004 04:37 PM
19. I believe the equal protection claus issue is one of civil rights, thus giving the Feds jursidiction.

Posted by: DRE on December 9, 2004 04:41 PM
20. Republican observers in Thurston County were told to stop taking picutres of chads on the floor of the counting area. They were not disruptive and had previously cleared it with the deputy auditor.

The deputy auditor then questioned why they would want pictures of it because "chads fall off and there are going to be some laying around, it could be from previous elections". The deputy auditor then informed the Rossi observer he could no longer take pictures. What are they afraid of?

Posted by: Rossi Observer on December 9, 2004 04:58 PM
21. As an observor, I have learned a great deal...lot's of good "war stories" that will have to wait until this hand recount is certified. And believe me, this is a battle for the Governor's office. Unfortunately, the Dems are monitoring all these blogs (as are the R's) and we certainly don't want to give them any tips. So assume anything you say here will go directly to the opposition.
THERE IS A TIME FOR SILENCE...AND A TIME TO SPEAK!

Posted by: Mr. Cynical on December 9, 2004 05:22 PM
22. Fear not, Mr. Cynical, there's not going to be anything said on this thread that will suddenly illuminate any Democratic lightbulbs that weren't on already. They think just as feverishly as our participants, maybe more so at this stage of the year 2004. You might try reading some Demo blog as opposition research and see what revelations can be learned to use against them.

Posted by: Insufficiently Sensitive on December 9, 2004 06:00 PM
23. as far as whether this could get into Federal Court, I wonder why it wouldn't especially if we ciitzens feel we have been dissenfranchised by our state govt.....

what recourse would we have, if our state govt is doing something we believe is unconstitutional...afterall, all states must follow the constitution, right?

It seems going to the Fed. court would be especially important in this case....

Posted by: Lee on December 9, 2004 06:52 PM
24. Go Gregoire. This is the most right wing infested blog in America. FIRST no federal court will touch this election. Three counts, no allegations of massive fraud or wrong- just partisain squabble about the hard fought gov race.
And it is not the President, and the Bush family does not control the state and the courts, when it is over it is over.

Beware the Ides of King County. The smallest of machine error will wipe Rossi out. Christine doing well in Dino counties- only question is how he will do in King. 900,000 ballots, breaking for Gregoire. How much change to wipe out a 60 vote lead? You do the math.

Run Rossi for mayor of Sammish.....or send him to DC to buy armored Humvees for defense. Shame on Rumsfeldt, shame.

Posted by: ed on December 9, 2004 06:54 PM
25. Ed, Beware the Ides (that is, the 15th, or in some cases the 13th of the month) of King County? What the heck is that supposed to mean? Use a dictionary. Sheese.

We need only beware the Rats in King County trying to pull some shenanigans. Oh, and if you think those 700+ ballots that were counted for the first time during the first "recount" are guaranteed to hold up in court, think again. You do that math. And, oh yeah, go Rossi!

Posted by: Sj on December 9, 2004 08:15 PM
26. Are any other county auditors counting previously disqualified ballots?

http://nugeclips.blogspot.com/2004/12/canvassing-board-will-consider-two.html#comments

- in Whitman County

Posted by: Nuge on December 9, 2004 08:22 PM
27. Ed, how are you math skills doing? At the moment, the counted votes are just about evenly split, with a very small edge for Rossi.

In fact, the difference is *so* small, that if you do the math, Rossi is doing 5 times better than he would be expected to! Landslide, baby!

Posted by: Timothy on December 9, 2004 08:31 PM
28. Er, make that 2.5 times... My math skills are, I assure you, sub par. Fortunately, I have Excel.

On that note new spreadsheet will be coming at The Flag of the World before the evening is over.

Posted by: Timothy on December 9, 2004 08:45 PM
29. Er, make that 2.5 times... My math skills are, I assure you, sub par. Fortunately, I have Excel.

On that note, a new spreadsheet will be coming at The Flag of the World before the evening is over.

Posted by: Timothy on December 9, 2004 08:45 PM
30. Apparently my posting skills suck too.

Posted by: Timothy on December 9, 2004 08:46 PM
31. Hey, Ed......changing the way you count votes AFTER the election IS my business, and if my state fails in its duty to protect my vote, then, yes, the Supreme Court of the land should rule..

we're not in a dictatorship in Washington, now are we?

the Democrat party got friendly judges to change the way ballots are treated in this particular area for this particular election, for one particular race....

hmmmmm......that doesn't sound too peachy to me..

but hey, the Democrat party might just get away with it.....we got Maria Cantwell to prove that.....

Posted by: lee on December 9, 2004 10:29 PM
32. In the end, Dino will get into the gov's mansion and this will be the beginning of people's eyes being opened as to just WHO this WA democratic party is--The stench is rising, and the masses are getting an eyeful of just what these Berendt-robots are and what they'll do to screw voters and hang onto power.

Posted by: M on December 11, 2004 12:43 AM
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