Washington R-71 lawsuit dismissed a second time

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September 9, 2009

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OLYMPIA, Washington: A lawsuit filed by Washington Families Standing Together has been shot down for a second time. Yesterday, Thurston County Judge Thomas McPhee dismissed the case.[1] The lawsuit called for an injunction on R-71 and challenges the referendum's valid signature count. It was first heard by King County Superior Court Judge Julie Spector but was dismissed on a technicality - it was filed in the wrong county.[2] The group argued that some of the signatures should be dismissed on the basis that some petitions do not include the gatherer's signature on the affidavit on the back of the petition as required by law and although some petition signers registered to vote at the time they signed the petition, they were not registered prior to signing as required by law. However, Judge McPhee dismissed both arguments. "When a legal voter has signed a petition, his vote must be counted even though the person soliciting the signature has violated the law," said McPhee. He also noted that so long as the voter is registered at election time the signature may be counted.[3]

According to reports, Washington Families Standing Together is likely to appeal the Tuesday decision.[4]

See also

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*Washington Referendum 71 (2009)