When the Vote Counts Again

Washington state Democrats test the adage that a “third time is a charm” when it comes to the race for our next governor. In an unprecedented and controversial maneuver, the state’s Democratic Party ordered a second statewide recount of votes from the November 2004 election. Even after the hand recount, state voters may never know whether more votes were cast for Republican Dino Rossi, or Democrat Christine Gregoire. “Elections work fine when candidates win by a large margin” (Garber). However, the current election system is poorly equipped to deal with such tight races. Exercising the right to contest election results will ensure every vote must count, and highlight any deficiencies in the current process.

The November 2004 election in Washington State generated one of the closest gubernatorial races in modern history. Republican candidate Dino Rossi led the election with only 261 votes, triggering an automatic statewide machine recount. Washington State law “requires a machine recount when the margin is less than 2,000 votes” (Cook). This process took several weeks, and on November 24, the results came in. The gap between the two candidates narrowed, with only 42 votes in Rossi’s favor (McGann). This traditionally “blue” (Democrat) state of voters elected the Republican underdog with the “tiniest margin in state history” (Ammons). According to state law, a candidate has the option of requesting a second recount, at the political party’s personal expense. Democrats scrambled to meet the estimated $750,000 or more needed funds by the December 2 deadline. Gregoire advised the party to raise the funds for a statewide recount (as opposed to select counties), or she would concede. In the 11th hour and with the help of notables John Kerry and the Democratic National Committee, the Gregoire campaign handed the Secretary of State a check and ordered the hand recount. In addition, the party appealed to the state Supreme Court, asking to count previously disqualified votes. Kerry’s spokesperson, David Wade states, “He [Kerry] believes it’s absolutely critical that every vote be counted and that every Washingtonian’s voice be heard in choosing a governor” (McGann). Secretary of State Sam Reed ordered the recount on December 6, but there is no guarantee that a resolution is in sight. Potential lawsuits and challenges by both sides could extend the outcome beyond the January inauguration date. A state provision requires a governor’s term to be four years “and until his successor is elected and qualified” (McGann). It is unclear if incumbent Gov. Gary Locke or Lt. Gov. Brad Owen would fulfill the terms of this provision.

The narrow margin of votes separating the candidates has elevated this election to unprecedented scrutiny. The “0.0015 percent” difference between the two candidates falls inside the election’s margin of error, creating a “near statistical tie” (Editorial). Small errors such as stray marks on ballots, punch cards improperly punched, and human mistakes will cloud the final vote tally (Garber). Both camps are scrubbing the votes in all 39 counties, looking for any signs of voter irregularities.

Governor-elect Dino Rossi and Republican Party members have called for Gregoire to concede. Furthermore, the pending court appeal stirs controversy among the Republicans, claiming that the decision “would obliterate the elections process because determinations and results issued by local elections boards would be forever left open to challenge. Elections would never truly be over” (McGann B1). However, Democrats feel that the election boards need to address the current variances in ballot disqualifications. Each county uses a different measure or criteria for determining the validity of a ballot. Attorneys also want to investigate reports of hundreds of ballots “found,” including those rejected by poll workers due to machine errors (Ammons). State and local voters voice concerns whether a hand recount erodes the progress made in election reforms, from the lever machines and punch cards, to the optical scanners in King County and the recent adoption of computerized machines in Snohomish and Yakima counties. Democrat spokesperson Kristin Brokes argues that local Republicans “would rather keep it broken for their benefit than fix it to preserve the integrity of the process” (McGann B1). In addition, the election challenges in Washington State mirror what is happening nationwide, illustrating the need for change. Reports of long lines at some polling places, voting machine errors, absentee ballots that never arrived, problems with provisional ballots, and the disenfranchisement of minority voters were some of the issues confronted in the 2004 election. Greater attention to the election process will bring to light the errors in both man and machine.

Election reform needs to be a diligent and ongoing process. Washington State can benefit from addressing these problems. One idea is to follow the model of Oregon State and change the voting to an all mail system, simplifying the process involved in counting ballots. Furthermore, nearly “70%” of the electorate vote absentee, with Washington being one of the few states that allows postmarked ballots up through Tuesday night (Ammons). Another option is to move the primary elections to an earlier date, proving a greater buffer between finalizing primary results and producing ballots for the general elections. Finally, strengthening rules on how counties deal with provisional ballots, signature validation, and extraneous ballot markings will standardize the process across the state and closes the door to unnecessary litigation.

The United States Constitution protects its citizens’ right to vote and is a founding principle of our nation. The Voting Rights Acts of 1965 and 1982 protect minorities against discriminatory voting practices or procedures, such as inaccessible voting places or providing incorrect polling information. Citizens who exercise their right to vote deserve the opportunity for their votes to count. Allowing political parties and interest groups the opportunity to fund a statewide recount or contest election results may be inconvenient and costly, but the benefits of exposing errors and ensuring the voting process is free of scandal is necessary for continued democracy.

Work Cited

Ammons, David. “On Politics: Election debacle hopefully will bring change.” Columbian 27 November 2004:B1. Web site

Cook, Rebecca. “Recount Begins in Wash. Governor’s Race.” Associated Press 21 November 2004:1. Web site

Garber, Andrew. “Top vote-getter? We may never truly know; [Fourth Edition].” Seattle Times 5 December 2004:A1. Web site

“It’s the math that keeps this race from closure; The incredibly small 42-vote gap between Rossi and Gregoire is far inside the election system’s margin of error; [SOUTH SOUND Edition].” Editorial. News Tribute, Tacoma Washington 25 November 2004:B10. Web site

McGann, Chris. “Governor Race Could Wind Up In Court; Justices Could Decide By Friday if They’ll Intervene; [FINAL Edition].” Seattle-Post Intelligencer 7 December 2004:B1. Web site

McGann, Chris. “Kerry Backs Recount Effort; Former Presidential Candidate Gives $200,000; [FINAL Edition].” Seattle-Post Intelligencer 2 December 2004:1. Web site