January 20, 2005
What are the Vote Counters afraid of?

Various county auditors, including Snohomish Auditor Bob Terwilliger, have filed papers to dismiss the Rossi election challenge.

Here's my speculation on the underlying motivations --

1) Some of these auditors, like Terwilliger, are Democrats and simply want Gregoire's "victory" to go unchallenged.

2) A new election would come out of the auditors' budgets.

3) Most importantly, I imagine, the litigation would shine light on the various errors, irregularities and inadequacies in the auditors' operations. I suspect some of these auditors would be embarrassed out of their jobs if it were shown how sloppily they ran their departments.

For example, Snohomish County has never been able to produce a correct list of the voters who actually voted on Nov. 2. The Snohomish Elections office acknowledged to me in a recent e-mail that they counted 282 more ballots than voters (158 mystery provisionals, and 124 mystery absentee ballots). Depending on what lies behind these summary numbers, the true discrepancy could even be larger. I'm waiting on answers to some follow-up questions.

Elections director Carolyn Diepenbrock now claims in a court filing arguing against expedited discovery that she has never adequately investigated the source of these discrepancies:

Interrogatory No. 4 requests a list of precincts in which more voters received credit for voting than the number of ballots counted from those precincts. Snohomish County does not have this data available in a computer report format nor can it electronically create a report with available data. To produce this list, elections staff must run an individual computer report for each precinct and its portions (approximately 1000 reports), which would identify the number of voters in a precinct portion who received credit for voting, tabulate the numbers in the precinct portions for a precinct total and then manually compare those numbers to the canvas for the November 2, 2004 election. This is a labor intensive, manual project that will take more time to perform than is available prior to January 21, 2005.
It's astonishing to me that Snohomish County certified the election without having done this. I can see why the Snohomish Auditor might not want anybody to , uh, audit his department.

Posted by Stefan Sharkansky at January 20, 2005 12:06 PM | Email This
Comments
1. The denial of expiditing the case is bad news.

My prediction:

The Democrats will use every means at there disposal to delay the trial. It will not start until March

After a trial that lasts 2-3 months, the judge will find that questionable practices in King and other counties led to errors of such magnitude that there was no way to say who recieved the most valid votes on November 2.

He will further find that as six months (or more) have passed since C.G. was sworn in as gov. that Washington (as an entity) will be harmed if C.G. were removed from office pending a new vote; Rossi does not appeal.

Democrats in the state legislature will block meaningful election reform. Ron Sims keeps his job and fends off a recall.

A Tim Eyman type figure will emerge and a ballot initiative will be placed on the ballot to enact significant reforms.

This initiative passes in 2006, C.G. is still gov., statewide Dems lose heavily, and we will see the election of Senator Rossi.

Dems will challenge the reforms in court and win.

Washington gets a GOP gov in 2008.

Posted by: Grey on January 20, 2005 12:22 PM
2. Just for the sake of trying to show some impartiality shouldn't all of these auditors stay out of filing motions and stick to cooperating with the investigation?

Posted by: Joe on January 20, 2005 12:23 PM
3. You can run, but you can't hide, Terwilliger. Your days of pulling the wool over the citizens' eyes are over!

Keep shining the light of truth on these guys!

Posted by: Michele S on January 20, 2005 12:25 PM
4. I don't recall family court throwing out requests from my ex-wife that were "burdonsome" during a divorce hearing. It would be sweet irony if counties started suing KC for their re-vote costs.

If the court throws this case out--- we will see the true definition of disenfranchised voters.

This Enron vote auditing is insane.

Posted by: Andy on January 20, 2005 12:27 PM
5. Let the courts do their job.

Let our leglisators and governor do their jobs.

You wouldn't have wanted the Democrats to stop the wheels of government in 2000...why do you insist on it now?


Posted by: Frank on January 20, 2005 12:30 PM
6. "Snohomish Auditor Bob Terwilliger"

"For example, Snohomish County has never been able to produce a correct list of the voters who actually voted on Nov. 2. The Snohomish Elections office acknowledged to me in a recent e-mail that they counted 282 more ballots than voters (158 mystery provisionals, and 124 mystery absentee ballots). Depending on what lies behind these summary numbers, the true discrepancy could even be larger. I'm waiting on answers to some follow-up questions."

Aaaaah! Sideshow Bob!

Posted by: ScottM on January 20, 2005 12:30 PM
7. Stefan--
Take a look at the Sam Reed e-mails from last night and this AM I just forward to you.
Clearly, Sam Reed is saying he has NO AUTHORITY over the Counties. The responsibilty for reconciling is on EACH COUNTY AUDITOR!!
Reed claims all he can do is add up the results of the 39 Counties that are reported to him and certify that. PERIOD!!!

Seems like the wagons are uncircling!!!!!

Posted by: Mr. Cynical on January 20, 2005 12:31 PM
8. And remember back--
It was Terwilliger who Corky Mattingly, the Dem. Yakima CO. Auditor, credited with drafting the "circle the wagons" letter of support and try to ram it thru the other Auditors to sign.
The Jefferson Co., Clark Co. and Skagit Co. Auditors stood up and said no way!
I mean how could these other Auditors in any way pass judgment that "Dean Logan followed the laws and procedures of Washington State"???
How would they ever know without any independent look??

It's ALL coming together now. Can't wait to see all these DOFUS's (sp??) deposed! Terwilliger, Logan & Huennekens especially...and there key staff. We'll see who is telling the truth, won't we?

Posted by: Mr. Cynical on January 20, 2005 12:36 PM
9. If I were bob Terwilliger or Ms. elections director of SnoCo, I think I'd get off my butt and start pulling reports.

And I'd look in the ol' SnoCo Yella Pages: A is for Attorney, B is for Bail Bondsmen...F is for Fraud...M is for mail...speaking of which, any updates on the Snohomish County mailing house used for those King County ballots?????

Posted by: SnoCo Voter on January 20, 2005 12:37 PM
10. The answer from the Snohomish County elections director regarding interrogatory 4 indicates that the county didn't do anything to discover whether there were discrepancies in the precinct numbers before certifying their election returns.

Had they counted the signatures in the poll books and compared that number to the number of ballots issued and counted in each precinct, they would have noticed any discrepancies.

They needed to do the same kind of reconciliatiion with absentee ballots -- to ensure that only one vote from each eligible voter was counted. This cannot be done with absentee ballots absent a list of voters credited with voting up to the moment the envelope containing the next ballot is processed to verify the signature and continue to the vote counting step. If they cannot keep a "real time" log of ballots already received from each voter, then they must at least double-check before certifying the election returns to see if the election is tainted by significant numbers of illegal votes cast by people who voted more than once.

Absent some reconciliation of the numbers of absentee envelopes and voters with the numbers of ballots counted in each precinct, they cannot know if someone somehow slipped illegal votes into the pile to be counted.

Once the discrepancies were noticed, the WAC regulations issued in August 2004 required them to resolve the discrepancies, if possible, prior to certifying their returns -- and to make a record of the discrepancies and all steps taken to resolve them.

The Snohomish County elections director should only need to provide a copy of the record required by those regulations, to show how the records for each precinct were reconciled.

It may have been "labor intensive" to do such a thing before certifying the election returns, but certifying without double-checking to be sure there weren't unexplained ballots cast and counted allows ballot stuffing, people voting more than once, etc.

There is nothing in the counties' election procedures that I've seen so far which would ensure the integrity of the elections without a "labor intensive" effort to identify -- precinct by precinct -- the voters who participated in the election before the counties certify their election returns.

Posted by: Micajah on January 20, 2005 12:38 PM
11. It's DOOFUS, and that sums them up nicely.

Posted by: SnoCo Voter on January 20, 2005 12:38 PM
12. SnoCoVoter--
Thanks for setting me straight on the spelling of "Dewfus"!!
or is it Dewphus??
I think the word "DOOFUS" will be getting quite a work out the next few months!
I think one of our "Cartooning" experts needs to weave the word "DOOFUS" into the next cartoon.

Perhaps we ought to start enshrining people into the DOOFUS Hall of Shame. I nomimate Paul Berendt... for a LIFETIME ACHIEVEMENT AWARD.
DOOFUS OF THE MILLENIUM!

Posted by: Mr. Cynical on January 20, 2005 12:50 PM
13. Stefan--
Did you look at those recent Sam Reed e-mails I sent you??

Posted by: Mr. Cynical on January 20, 2005 12:52 PM
14. I voted in Snohomish County (Lake Stevens) and was appalled at the lack of voting security. I did not have to show any ID to prove I was me. I signed a book and walked to electronic voting machines. I could have voted for my sick neighbors, coming back with different clothes and sunglasses, and no one would have noticed!

Very different from when I voted for the fist time in 1988 in Michigan (yes, I voted for Reagan and am still proud of that). Then and there I had to show my photo ID and voter registration card (must have same address), sign my name in a book and on a pre-printed election card. Then I could vote. No room for cheating there.

Gregiore and the Dems may have their day, every dog does, but truth will prevail and justice will be done. It's past due for for Karma to come around and bite back. Unless there's a pact with Satan involved, in which case we have a bigger battle on our hands. (hey, it could happen and would explain a lot)

Posted by: M-Anderson on January 20, 2005 12:53 PM
15. This should make things more interesting.

From: "Holder, Jennifer R."
Date: Wed, 19 Jan 2005 14:48:20 -0800
Subject: Council Takes Action on Governor's Election Contest Lawsuit


N E W S R E L E A S E

For Release: January 19, 2005
Contact: Councilmembers (425) 388-3494

Council takes action on Election Contest lawsuit


The Snohomish County Council today instructed the county’s prosecuting attorney to withdraw three motions made on behalf of the county in the lawsuit over the Washington State Governor’s race.

On a five-to-nothing vote, the council decided that Snohomish County should remain part of the legal case. Last week, the prosecutor filed a motion to dismiss the county from the lawsuit. The council action today told the prosecutor to withdraw that request.

The council also instructed the prosecutor to withdraw a motion supporting Benton and Franklin counties motions to be dismissed from the case. That decision was made on a four-to-one vote (Yes: Koster, Nelson, Gossett, Sax No: Sievers).

On a three-to-two vote, the council also instructed the prosecutor to withdraw a motion supporting the State Democrat Central Committee’s motion for a stay in the proceedings (Yes: Koster, Nelson, Sax; No: Sievers, Gossett).

The actions by the council do not affect any motions filed by the prosecutor at the direction of County Auditor Bob Terwilliger. Terwilliger is a separately elected official and is also named in the suit.

- END -

Posted by: Monroe inmate on January 20, 2005 12:56 PM
16. "Very different from when I voted for the fist time in 1988 in Michigan (yes, I voted for Reagan and am still proud of that). "

M-Anderson...if your first presidential vote was in 1988 (like mine was), then you didn't vote for President Reagan. He last appeared on a ballot in 1984. Maybe that's what you meant. If you first voted in 1988 then you may have voted for GHW Bush, which is what I did.

And, you may certainly be proud of that vote as well.

Posted by: Kevin S on January 20, 2005 01:20 PM
17. Terwilliger has never satisfactorily explained that toupee of his, either.

Posted by: FedUpWithThis on January 20, 2005 01:27 PM
18. I'm sure there are many counties whose hard-working auditors and election officials produced vote reconciliations that were squeky clean -- as this blog reported recently for Jefferson county. That several did so much worse -- and saw no problem with that fact -- blows me away. They might as well post signs at the polling places saying "Vote fraud welcome here."

This reminds me of the humorous (but good) advice to teenagers: If your parents ever ask "Just how stupid do you think I am?" -- don't answer. Quite a few election officials seem to be telling the public just how stupid they think the legitimate voters are.

Posted by: Boonie on January 20, 2005 01:38 PM
19. I would like to see some more reporting on the counties that got their numbers right. A good investigative reporter could illustrate all the internal checking that we can no longer take for granted.

Posted by: Bostonian on January 20, 2005 01:48 PM
20. VP Admin, based on what you've posted, I assume you're a troll who won't return.

But when you mention "electoral reform," you are talking about photo IDs at the polls, right? I look forward to seeing Democrats supporting that.

Posted by: Bostonian on January 20, 2005 02:05 PM
21. Does it not strike anyone else as odd that the auditors are trying to be obstructionists? I thought the whole point of an auditor was to shine the light on things like this. If anything you'd think they'd be in support of a lawsuit that requires a full investigation and disclosure of the facts.

It really bothers me when Government officials forget who it is they work for.

Posted by: Jason on January 20, 2005 02:10 PM
22. ***"This is a labor intensive, manual project that will take more time to perform than is available prior to January 21, 2005."***

Er. Haven't these people ever heard of "EXCEL"?!

Posted by: JeanneB on January 20, 2005 02:15 PM
23. VP,
Keep it up with your racist cartoons! The disgusting depictions of Condi Rice you put on your site and similar cartoons in liberal newspapers across the country only help to show African Americans that they have placed the majority of their support behind the wrong party!


Posted by: Joe on January 20, 2005 02:17 PM
24. In reference to the above comments from Joe and Bostonian, the comment containing links to an offensive website has been removed.

Posted by: Stefan Sharkansky on January 20, 2005 02:20 PM
25. I love the wealth of information we receive here from our very informed professionals!

What can we look forward to next in this contest?

Posted by: Deborah on January 20, 2005 02:31 PM
26. The lax manner in which some of these auditors account for the votes:

1. Would get them fired if they had REAL jobs

2. Is the exact same way the Dems in Olympia account for our tax dollars.

Posted by: smoke on January 20, 2005 02:36 PM
27. VP,
Your link to "Bush hurts children"
Did you mean "terrorists hurt children."

Blinded by your partisan views You have made the mistake of siding with terrorists and insurgents. You have chosen to support oppression and violence over the United States, Freedom, and Free people (including, and most importantly, children).

You should be ashamed.

Posted by: Joe on January 20, 2005 02:45 PM
28. I’m still laughing over Rossi’s lawyers offering the auditors a deal that new discovery requests would be shortened if auditors agree not to oppose a new election and would not file any new motions.

No takers.

Take the offer and quit whining about the cost or time. Put up or shut up guys.

Posted by: LJW on January 20, 2005 03:07 PM
29. LJW
The more motions by auditors and lawyers for the dems. the longer the hearings last. The longer the hearing lasts the more likely we will "But she has already been in office for 4 months" from the MSM and the democrat spin machine.

You will see non stop stall tactics from here on out!

Posted by: Joe on January 20, 2005 03:28 PM
30. "Can't" usually means there is something to hide.

Posted by: Iguana on January 20, 2005 03:39 PM
31. Hmmm,

Paraphrasing SnoCo officials: We never did a reconciliation of votes-to-voters by precinct (I wonder if they have ever done this in any election?) on computer.

WTF - ???

I'm with JeanneB: Isn't Microsoft Excel a standard product? I can't make a living without it...

And let's get them to stop using the antiquated Tarot Cards used to divine "voter intent" and "ballot enhancement" methods...

Posted by: smegma on January 20, 2005 04:00 PM
32. Smegma:
I'm using Excel right now doing year end spreadsheets. I can't believe anyone in this day and
age would whine about a measely thousand entries. I'll probably cross tally
TEN thousand entries for this report...and I'll do it working part time
for about 3 days.

These people sound like dinosaurs.

Posted by: JeanneB on January 20, 2005 04:19 PM
33. The challenge is just sour grapes.

Posted by: headless lucy on January 20, 2005 04:44 PM
34. Tarot cards?!? I thought they used a magic 8-ball.

(Any cartoonists out there?)

Posted by: Boonie on January 20, 2005 04:59 PM
35. Boonie,

The Magic 8-ball is a great invention, but we are talking about the government. They buy the most expensive method, then spend the least time training on it. If they had experienced Tarot Card readers, they may have been more reliable ;-)

I was a Navy guy once, and when working with federal civil servants I discovered how they use the system to not do their job (not all, but more than enough of them). Hence, our present mess...

Posted by: smegma on January 20, 2005 05:17 PM
36. Heedless Lucy...BEDTIME!

Daddy's gonna be mad...

Posted by: smegma on January 20, 2005 05:20 PM
37. Hey, headless is back!

But can't you do better than "sour grapes"?

Posted by: Shaun on January 20, 2005 05:48 PM
38. Stefan, good job removing the offensive website link.

In that vein, don't you think referring to our governor as a "fraud" is also offensive?

Posted by: Frank on January 20, 2005 05:50 PM
39. Feeeeelings...

Posted by: South County on January 20, 2005 05:53 PM
40. In that vein, don't you think referring to our governor as a "fraud" is also offensive?

I think referring to that fraud as "our governor" is offensive.

Posted by: Stefan Sharkansky on January 20, 2005 05:54 PM
41. Just for the sake of trying to show some impartiality shouldn't all of these auditors stay out of filing motions and stick to cooperating with the investigation?

No because Rossi sued all 39 auditors and is making discovery requests of them and will likely follow up with a round of depositions. Some counties like Ferry have stated that they are not even alleged to have do anything and want out.

Posted by: Erik on January 20, 2005 06:12 PM
42. BTW - JeanneB,

Isn't Excel about the best thing since digital calculators?

I'm sure your work will be good, and profitable...I hope you work per entry as opposed to the hour!

Posted by: smegma on January 20, 2005 06:26 PM
43. Been watchng you guys from San Diego for a while, Spokane transplant. It seems to me that each precinct will be scrutinized, the judge would have to either throw out any precinct,in total,not reconciled from the county vote, or throw out any county vote,in total,if any precinct within does not reconcile. Any other outcome would be a deviation of the RCW from what I have read. What the decision would be is the million dollar question. My belief is that public sentiment demands a re-count, but if not, hold the high ground and go for voter intitiatives. Here in California, we are getting the process down because it is the only way for the majority to be heard in a Democratic Legislature.

Posted by: Gary L on January 20, 2005 07:11 PM
44. About Janson's comment:
"I thought the whole point of an auditor was to shine the light on things like this".
Doesn't the name of the position in it self imply a "non partisan" job of reconciling. You know, an Auditor: one who conducts an audit. Audit: official scrutiny of accounts.
Where to these auditors get off thinking they don't or won't have to answer to anyone. Its their friggin sole job, to be "ACCOUNTABLE".

Posted by: da on January 20, 2005 07:29 PM
45.
Frank: In that vein, don't you think referring to our governor as a "fraud" is also offensive?

Shark: I think referring to that fraud as "our governor" is offensive.


Fantastic comeback! All I could think of was Groucho Marx. Posted by: Boonie on January 20, 2005 08:59 PM
46. I regularly work with voter databases of 100K to 500K entries. On a PC. Using MSAccess97, fergawdsake. The average database takes about ten to thirty minutes to parse and make sure I have all the fields straight, and then about a minute to collate to list.

Want a list of every Dem female in the county who voted in the 2000 primary but not in the general? Ten minutes. Tops. Every GOP male between 18 and 35 who voted in that city council election? Ten minutes. Tops. Every voter between 50 and 80 in a specific precinct who votes only in local elections? Ten minutes. Tops. But KC doesn't know how many mystery voters it really has, can't find its duplicate records, etc. And Snohomish doesn't know who voted in which precincts. GMAFB!

The more I read about KC and Snohomish, the more convinced I am that there are only three possibilities. They're corrupt, and covering it up. They're incompetent, and covering it up. They're some of both, and covering it up. And I'm beginning to suspect that the real reason I live in a red state is because we have honest and competent election commissions.

Posted by: Tully on January 20, 2005 09:19 PM
47. "In that vein, don't you think referring to our governor as a "fraud" is also offensive?"

What!?!?

Listen, bud. The fact that Gregoire is sitting in a seat she did not legitimately win IS offensive.

What is that bumper sticker I read on the backs of so many bunny-hugger cars? Oh yeah...

"If you aren't outraged, you haven't been paying attention."

Pay attention, Frankie baby.

Posted by: ERNurse on January 21, 2005 12:11 AM
48. Your quote about the current Governor is GOLD, Shark - GOLD ! (to quote Banya from an old Seifeld episode).

Note that I restrained from calling her the Selected or illegitimate Governor, (I like wannabe Czar-Gregoire) unlike the Democrat-lefty extremists referred to President Bush for his entire first term. Nevertheless, I know that a REVOTE for Governor on the heels of significant election reform sometime before June is the only fair solution to this election mess !

Posted by: KS on January 21, 2005 08:24 AM
49. Like they said in Fla 2000 and Ohio AND Fla 2004,
"Get over it!" This too, shall pass.

Posted by: HHorn on February 18, 2005 09:14 PM
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