Warning

 

Close

Confirm Action

Are you sure you wish to do this?

Confirm Cancel
Member Login

Posted: 1/1/2005 5:43:52 PM EDT
[Last Edit: 1/1/2005 5:47:02 PM EDT by Master_Blaster]
A worthy quote from the article stood out for me, which highlights my beef w/ this "recount" scam:


...Stephanie Arend, a local judge in neighboring Pierce County...blocked the counting of all 723 new ballots. She said state law clearly stipulated that a recount was only supposed to count ballots already ruled valid, not add any more ballots to the mix.


WSJ Opinion Journal
Link Posted: 1/1/2005 5:55:29 PM EDT
I'm so fucking mad I'm seeing double.
Link Posted: 1/1/2005 6:05:30 PM EDT
I'm going after Sam Reed with his claim of 99.99% accuracy.

That's 281 votes in the election which is more than double the margin.

Not good enough!

The counties need to explain why their vote registers don't match the number of ballots counted.

They need to explain why a database shows that 44 were registered on election day, 1 on Nov. 22 and 1 on Dec. 7

Etc.
Link Posted: 1/1/2005 6:39:33 PM EDT
Do really think Gary Locke was gonna leave and give "his" state to Republican? This shit has been set up from the beginning.
Link Posted: 1/1/2005 6:41:53 PM EDT
I wrote him once and he responded personally, perhaps a phone call would be good or better yet face to face Phil. You are good with the facts for this. Will help if I can, I think we all should do something.
Phil you going to Granite Sunday?
Railgun....
Link Posted: 1/1/2005 6:49:53 PM EDT
Im really starting to think that nothing short of a liberal dose of Lead, Copper,Brass, and dry powder is going to change anything. this was a set up all along...
Link Posted: 1/1/2005 7:19:10 PM EDT

Originally Posted By Railgun:
Phil you going to Granite Sunday?
Railgun....



I'm planning on it. I'm deciding what to take right now.

Sam Reed won't and doesn't care.

He's the one who keeps touting the 99.99% accuracy rate for the elections. What he will do is push "election reform" so that he'll have hope that on his ext run for reelection people will forget the 2004 clustergrope and he'll have a chance at reelection.

Very few people no matter what their politics are believe that the posted election results are accurate there are far too many problems being detailed.

Not vague problems such as "voter intimidation" but problems such as counties posting more ballots than they have registered voters.

684 precincts with more voters than ballots and 725 other precincts with more ballots than voters, for something approaching 1,512 ballotless voters and 4,593 voterless ballots.

Seattle's Precinct 1823 counted 343 ballots, which is 71 more ballots than the 272 voters who cast them.

Link Posted: 1/1/2005 7:37:32 PM EDT
Well we do have a very short timeline to file a suit as registered voters. That would bring this to the frontlines on the news nationally.

See you in Granite and expect questions. Bringing two AR's and my Timberwolf!

Railgun....
Link Posted: 1/1/2005 10:25:40 PM EDT

Originally Posted By Master_Blaster:
A worthy quote from the article stood out for me, which highlights my beef w/ this "recount" scam:


...Stephanie Arend, a local judge in neighboring Pierce County...blocked the counting of all 723 new ballots. She said state law clearly stipulated that a recount was only supposed to count ballots already ruled valid, not add any more ballots to the mix.


WSJ Opinion Journal




Very good article. The banana republics have lots to learn with those con artists. Or maybe the other way around, since they (banana republics) do not make this outrageous scam so openly.
Link Posted: 1/2/2005 2:23:25 AM EDT
PAPERLESS ELECTRONIC VOTING...

I've said it before

I'll say it again...

Paper trail = room to cheat...
Link Posted: 1/2/2005 3:52:34 AM EDT
The counties that used electronic voting are just as fucked up as the ones that used punch ballots or paper ballots.


Originally Posted By Dave_A:
PAPERLESS ELECTRONIC VOTING...

I've said it before

I'll say it again...

Paper trail = room to cheat...

Link Posted: 1/3/2005 7:39:48 AM EDT
either way. It seems we going to take it in the ass by stupid dems.
Link Posted: 1/3/2005 10:24:50 AM EDT
[Last Edit: 1/3/2005 6:09:53 PM EDT by Master_Blaster]

Originally Posted By Dave_A:
PAPERLESS ELECTRONIC VOTING...

I've said it before

I'll say it again...

Paper trail = room to cheat...



Paper trail == evidence

Electronic voting tends to create a false presumption of "accuracy". I'm neither for or against it, but I want a way to detect evidence of fraud. The avg. election official cannot be presumed to be computer savvy to the point of understanding the basis of algorithmic design, coding, logic, & the finer points of memory loss &/or address corruption. I don't want my vote disappearing into the ether or electromagnetic void/null of memory corruption, etc., etc., ad-Windows. Stuff happens. Sh!t happens. Fraud happens.

It's far easier to put a cover of false blame on a "memory glitch", "acceptable computational accuracy", "margin of error", or some other generic computational-oriented phrase that people will gullibly swallow out of ignorance or resignation. Not so easy, however, to fly "loose chad", "interpretation of voter intent", "interpretation of partial marks", & such past voters - for the most part. Actually, I'd probably have to put less faith in a computed voting system run by WA State election officials, given their incompetency, corruption, & outright lack of accountability.

If grewhore hangs onto this in the current state of affairs, I hope it turns out to be the most miserable, frustrating chapter of her life. Considering the means by which she got in there, she'll rightly deserve it.
Link Posted: 1/3/2005 10:55:44 AM EDT
IT SHOULD BE REALLY EASY TO GET CHRISTINE GREGOIRE’S 129 KING COUNTY VOTE MARGIN DECLARED TO BE FRAUD AND GET THE ELECTION NULLIFIED.

FIRST: SIGN THE PETITION FOR A RECALL ELECTION:
http://revote.com

DID SAM REED, KING COUNTY AUDITOR AND KING COUNTY ELECTION OFFICIALS VIOLATE THE LAWS AND STEAL THE ELECTION BY FRAUD, FORGERY, PERJURY AND FALSIFICATION OF VOTER BALLOTS???

READ THE PERTINENT STATUTES AND YOU DECIDE???

1.) Did Sam Reed KNOWINGLY commit PERJURY & FALSE CERTIFICATION of Election results that he had previous knowledge were REMARKED, ALTERED & DEFACED with BLACK MARKER pens without any Statutory Authority so to do? (Apparently, YES!)

2.) Did Sam Reed KNOWINGLY certify Election results of hundreds of alleged HOMELESS & TRANSIENT people who committed PERJURY & FALSE CERTIFICATION that they INHABITED or RESIDED in Government Buildings where NO ONE LIVES? (YES!)

3.) Did the County Auditor’s or County Election Workers violate their DUTY under the law to VERIFY RESIDENT ADDRESSES by allowing Homeless People and Transients who cannot prove they are Citizens or Residents of Washington State to commit PERJURY and FALSIFICATION of voter registration cards by listing Government Buildings in which NOBODY RESIDES OR INHABITS as their RESIDENT ADDRESSES? (YES!)

4.) Did the individual election workers violate the law, by TAMPERING WITH VOTERS BALLOTS and commit FORGERY & FALSE CERTIFICATION of voters ballots by remarking, altering, defacing and mutilating voter ballots with black highlighter pens? (YES!)

5.) Did individual homeless or transient persons register to vote illegally by listing government buildings where nobody resides or inhabits as their resident addresses, and therefore commit perjury & falsification of their voter registration and ballots? (YES!)

6.) Any Citizen who is a Registered Voter has the right to challenge the election results!

[Thus, each of you Voters can and should challenge this election's results NOW (or petition for a revote to restore voter confidence). Won't your doing nothing cause all of you and all of Washington & U.S. to lose all meaning to your "voting rights" and to lose America as you grew to know it?!?! In current terms, All American's rights & freedoms can be washed away in this 'Tsunami of unchallenged legitimized vote corruption!!' ]

7.) Any Citizen who is a Registered Voter has the right file a criminal complaint against Sam Reed for false certification, perjury, official misconduct, misfeasance of office, malfeasance of office or perjury of his oath of office if they can prove that he violated any of the below listed Washington Statutes!

8.) Any Citizen who is a Registered Voter has the right to file a criminal complaint against the individual Election Workers who altered, mutilated or defaced the voter cards with BLACK MARKER PENS without the statutory authority so to do if they can prove that he or she violated any of the below listed statutes!

9.) Any Citizen who is a Registered Voter has the right to file a criminal complaint against the individual County Auditors or Election Workers who allowed Homeless People or Transients who cannot prove they are citizens or residents of Washington State to commit perjury and falsification of voter registration cards by registering their RESIDENT ADDRESS in Government Buildings in which NOBODY RESIDES OR INHABITS!

10.) Any Citizen who is a Registered Voter has the right to file a criminal complaint against any individual Homeless or Transient person who committed perjury and falsification of voter registration cards by registering Government Buildings in which NOBODY RESIDES OR INHABITS as their RESIDENT ADDRESS!

11.) The Court’s of this State have a Ministerial DUTY to completely throw out and VOID & CANCEL any and/or ALL ballots that were altered, mutilated or defaced by County Election Officials with BLACK MARKER PENS or with any other type of marker pen!

12.) The Court’s of this State have a DUTY to throw out and completely void and cancel all ballots or votes of any and/or all persons who listed Government Buildings in which NOBODY RESIDES OR INHABITS as their RESIDENT ADDRESS!

13.) The Sheriffs of this State have a DUTY to investigate any crime that has been brought to their attention and to file a complaint with the prosecutors office.

14.) The County Prosecutors of this State have a DUTY to prosecute any County Auditor or Election Officials who altered, mutilated or defaced ballots with BLACK MARKER PENS!

RCW 9A.60.050 False certification.

(1) A person is guilty of false certification, if, being an officer authorized to take a proof or acknowledgment of an instrument which by law may be recorded, he knowingly certifies falsely that the execution of such instrument was acknowledged by any party thereto or that the execution thereof was proved.

(2) False certification is a gross misdemeanor.

[1975_'76 2nd ex.s. c 38 § 15; 1975 1st ex.s. c 260 § 9A.60.050.]

Notes: Effective date__Severability__1975_'76 2nd ex.s. c 38: See notes following RCW 9A.08.020.



RCW 42.20.040 False report.

Every public officer who shall knowingly make any false or misleading statement in any official report or statement, under circumstances not otherwise prohibited by law, shall be guilty of a gross misdemeanor.

[1909 c 249 § 98; RRS § 2350.]

RCW 42.20.050 Public officer making false certificate.

Every public officer who, being authorized by law to make or give a certificate or other writing, shall knowingly make and deliver as true such a certificate or writing containing any statement which he knows to be false, in a case where the punishment thereof is not expressly prescribed by law, shall be guilty of a gross misdemeanor.

[1909 c 249 § 128; RRS § 2380.]

RCW 9A.72.080 Statement of what one does not know to be true.

Every unqualified statement of that which one does not know to be true is equivalent to a statement of that which he knows to be false.

[1975 1st ex.s. c 260 § 9A.72.080.]



15.) The County Prosecutors of this State have a DUTY to prosecute any County Auditor or Election Officials who allowed homeless or transient people who cannot prove they are citizens or residents of Washington State to register Government Buildings in which NOBODY RESIDES OR INHABITS as their RESIDENT ADDRESS.

16.) The County Prosecutors of this State have a DUTY to prosecute any person who listed Government Buildings in which NOBODY RESIDES OR INHABITS as their RESIDENCE ADDRESS.

RCW 29.07.410 Registration law__Voter violations. (Effective until July 1, 2004.)

Any person who:

(1) Knowingly provides false information on an application for voter registration under any provision of this title;

(2) Knowingly makes or attests to a false declaration as to his or her qualifications as a voter;

(3) Knowingly causes or permits himself or herself to be registered using the name of another person;

(4) Knowingly causes himself or herself to be registered under two or more different names;

(5) Knowingly causes himself or herself to be registered in two or more counties;

(6) Offers to pay another person to assist in registering voters, where payment is based on a fixed amount of money per voter registration;

(7) Accepts payment for assisting in registering voters, where payment is based on a fixed amount of money per voter registration; or

(8) Knowingly causes any person to be registered or causes any registration to be transferred or canceled except as authorized under this title,

is guilty of a class C felony punishable under RCW 9A.20.021.

[1994 c 57 § 25; 1991 c 81 § 12; 1990 c 143 § 12; 1977 ex.s. c 361 § 110; 1965 c 9 § 29.85.200. Prior: 1933 c 1 § 27; RRS § 5114_27; prior: 1893 c 45 § 5; 1889 p 418 § 16; RRS § 5136. Formerly RCW 29.85.200.]

Notes:

Severability__Effective date__1994 c 57: See notes following RCW 10.64.021.

Effective date__1991 c 81: See note following RCW 29.85.010.

Effective date__Severability__1977 ex.s. c 361: See notes following RCW 29.01.006.



RCW 9A.72.020 Perjury in the first degree.

(1) A person is guilty of perjury in the first degree if in any official proceeding he makes a materially false statement which he knows to be false under an oath required or authorized by law.

(2) Knowledge of the materiality of the statement is not an element of this crime, and the actor's mistaken belief that his statement was not material is not a defense to a prosecution under this section.

(3) Perjury in the first degree is a class B felony.

[1975 1st ex.s. c 260 § 9A.72.020.]



RCW 9A.72.030 Perjury in the second degree.

(1) A person is guilty of perjury in the second degree if, in an examination under oath under the terms of a contract of insurance, or with intent to mislead a public servant in the performance of his or her duty, he or she makes a materially false statement, which he or she knows to be false under an oath required or authorized by law.

(2) Perjury in the second degree is a class C felony.

[2001 c 171 § 3. Prior: 1995 c 285 § 31; 1975 1st ex.s. c 260 § 9A.72.030.]

NOTES:

Purpose__Effective date__2001 c 171: See notes following RCW 9A.72.010.

Effective date__1995 c 285: See RCW 48.30A.900.

RCW 9A.72.050 Perjury and false swearing__Inconsistent statements__Degree of crime.

(1) Where, in the course of one or more official proceedings, a person makes inconsistent material statements under oath, the prosecution may proceed by setting forth the inconsistent statements in a single count alleging in the alternative that one or the other was false and known by the defendant to be false. In such case it shall not be necessary for the prosecution to prove which material statement was false but only that one or the other was false and known by the defendant to be false.

(2) The highest offense of which a person may be convicted in such an instance as set forth in subsection (1) of this section shall be determined by hypothetically assuming each statement to be false. If perjury of different degrees would be established by the making of the two statements, the person may only be convicted of the lesser degree. If perjury or false swearing would be established by the making of the two statements, the person may only be convicted of false swearing. For purposes of this section, no corroboration shall be required of either inconsistent statement.

[1975 1st ex.s. c 260 § 9A.72.050.]

RCW 9A.72.070 Perjury and false swearing__Irregularities no defense.

It is no defense to a prosecution for perjury or false swearing:

(1) That the oath was administered or taken in an irregular manner; or

(2) That the person administering the oath lacked authority to do so, if the taking of the oath was required or authorized by law.

[1975 1st ex.s. c 260 § 9A.72.070.]



RCW 10.37.140 Perjury__Subornation of perjury__Description of matter.

In an indictment or information for perjury, or subornation of perjury, it is sufficient to set forth the substance of the controversy or matter in respect to which the crime was committed, and in what court or before whom the oath alleged to be false was taken, and that the court or person before whom it was taken had authority to administer it, with proper allegations of the falsity of the matter on which the perjury is assigned; but the indictment or information need not set forth the pleadings, record or proceedings with which the oath is connected, nor the commission or authority of the court or person before whom the perjury was committed.

[1891 c 28 § 36; Code 1881 § 1021; 1873 p 228 § 204; 1869 p 243 § 199; 1854 p 112 § 67; RRS § 2072.]

Notes:

Perjury: Chapter 9A.72 RCW.



RCW 10.58.040 Intent to defraud.

Whenever an intent to defraud shall be made an element of an offense, it shall be sufficient if an intent appears to defraud any person, association or body politic or corporate whatsoever.

[1909 c 249 § 40; RRS § 2292.]



RCW 9A.72.040 False swearing.

(1) A person is guilty of false swearing if he makes a false statement, which he knows to be false, under an oath required or authorized by law.

(2) False swearing is a gross misdemeanor.

[1975 1st ex.s. c 260 § 9A.72.040.]



RCW 29.45.090 Oath of inspectors, form. (Effective until July 1, 2004.)

The following shall be the form of the oath or affirmation to be taken by each inspector:

" I, A B, do swear (or affirm) that I will duly attend to the ensuing election, during the continuance thereof, as an inspector, AND THAT I WILL NOT RECEIVE ANY BALLOT OR VOTE FROM ANY PERSON OTHER THAN SUCH AS I FIRMLY BELIEVE TO BE ENTITLED TO VOTE AT SUCH ELECTION , without requiring such evidence of the right to vote as is directed by law; nor will I vexatiously delay the vote of, or refuse to receive, a ballot from any person whom I believe to be entitled to vote; but that I will in all things truly, impartially, and faithfully perform my duty therein to the best of my judgment and abilities; and that I am not, directly nor indirectly, interested in any bet or wager on the result of this election."

[1965 c 9 § 29.45.090. Prior: Code 1881 § 3071; 1865 p 31 § 5; RRS § 5161.]



RCW 29.45.100 Oath of judges, form. (Effective until July 1, 2004.)

The following shall be the oath or affirmation of each judge:

" We, A B, do swear (or affirm) that we will as judges duly attend the ensuing election, during the continuance thereof, and faithfully assist the inspector in carrying on the same; THAT WE WILL NOT GIVE OUR CONSENT TO THE RECEIPT OF ANY VOTE OR BALLOT FROM ANY PERSON, OTHER THAN ONE WHOM WE FIRMLY BELIEVE TO BE ENTITLED TO VOTE AT SUCH ELECTION ; and that we will make a true and perfect return of the said election and will in all things truly, impartially, and faithfully perform our duty respecting the same to the best of our judgment and abilities; and that we are not directly nor indirectly interested in any bet or wager on the result of this election."

[1965 c 9 § 29.45.100. Prior: Code 1881 § 3072; 1865 p 31 § 6; RRS § 5162.]



RCW 29.45.110 Oath of clerks, form. (Effective until July 1, 2004.)

The following shall be the form of the oath to be taken by the clerks:

" WE, AND EACH OF US, A B, DO SWEAR (OR AFFIRM) THAT WE WILL IMPARTIALLY AND TRULY WRITE DOWN THE NAME OF EACH ELECTOR WHO VOTES AT THE ENSUING ELECTION, AND ALSO THE NAME OF THE COUNTY AND PRECINCT WHEREIN THE ELECTOR RESIDES ; that we will carefully and truly write down the number of votes given for each candidate at the election as often as his name is read to us by the inspector and in all things truly and faithfully perform our duty respecting the same to the best of our judgment and abilities, and that we are not directly nor indirectly interested in any bet or wager on the result of this election."

[1965 c 9 § 29.45.110. Prior: Code 1881 § 3073; 1865 p 32 § 7; RRS § 5163.]



RCW 29.51.115 Incorrectly marked ballots__Poll_site ballot counting devices. (Effective until July 1, 2004.)

Each poll_site ballot counting device must be programmed to return all blank ballots and overvoted ballots to the voter for private reexamination. The election officer shall take whatever steps are necessary to ensure that the secrecy of the ballot is maintained. The precinct election officer shall provide information and instruction on how to properly mark the ballot. The voter may remark the original ballot, may request a new ballot under RCW 29.51.190, or may choose to complete a special ballot envelope and return the ballot as a special ballot.

[1999 c 158 § 7.]

The above Statute RCW 29.51.115 makes it crystal clear that only the individual voter has the statutory authority to REMARK his own ballot or request a new ballot. THERE IS NO STATUTORY AUTHORITY TO ANY ELECTION WORKER TO REMARK, ALTER, DEFACE OR MUTILATE A BALLOT WITH BLACK HIGHLIGHTER PENS OR WITH ANY OTHER TYPE OF PEN, THEREFORE ANY ELECTION WORKER WHO REMARKED, ALTERED, DEFACED OR MUTILATED A BALLOT IS GUILTY OF FORGERY AND FALSIFICATION OF LEGAL DOCUMENTS AND TAMPERING WITH EVIDENCE ON THE FOLLOWING AUTHORITIES TO WIT:



RCW 9A.60.020 Forgery.

(1) A person is guilty of forgery if, with intent to injure or defraud:

(a) He falsely makes, completes, or alters a written instrument or;

(b) He possesses, utters, offers, disposes of, or puts off as true a written instrument which he knows to be forged.

(2) In a proceeding under this section that is related to an identity theft under RCW 9.35.020, the crime will be considered to have been committed in any locality where the person whose means of identification or financial information was appropriated resides, or in which any part of the offense took place, regardless of whether the defendant was ever actually in that locality.

(3) Forgery is a class C felony.

[2003 c 119 § 5; 1975_'76 2nd ex.s. c 38 § 13; 1975 1st ex.s. c 260 § 9A.60.020.]

Notes:

Effective date__Severability__1975_'76 2nd ex.s. c 38: See notes following RCW 9A.08.020.



RCW 10.37.080 Forgery__Description of instrument.

When an instrument which is the subject of an indictment or information for forgery has been destroyed or withheld by the act or procurement of the defendant, and the fact of the destruction or withholding is alleged in the indictment or information, and established on the trial, the misdescription of the instrument is immaterial.

[1891 c 28 § 35; Code 1881 § 1020; 1873 p 227 § 203; 1854 p 113 § 68; RRS § 2071.]

Notes:

Forgery: Chapter 9A.60 RCW.



RCW 29.07.400 Registration law__Officials' violations. (Effective until July 1, 2004.)

If any county auditor or registration assistant:

(1) Willfully neglects or refuses to perform any duty required by law in connection with the registration of voters; or

(2) Willfully neglects or refuses to perform such duty in the manner required by voter registration law; or

(3) Enters or causes or permits to be entered on the voter registration records the name of any person in any other manner or at any other time than as prescribed by voter registration law or enters or causes or permits to be entered on such records the name of any person not entitled to be thereon; or

(4) Destroys, mutilates, conceals, changes, or alters any registration record in connection therewith except as authorized by voter registration law,

he or she is guilty of a gross misdemeanor punishable to the same extent as a gross misdemeanor that is punishable under RCW 9A.20.021.

[1994 c 57 § 24; 1991 c 81 § 11; 1965 c 9 § 29.85.190. Prior: 1933 c 1 § 26; RRS § 5114_26; prior: 1889 p 418 § 15; RRS § 5133. Formerly RCW 29.85.190.]

Notes:

Severability__1994 c 57: See note following RCW 10.64.021.

Effective date__1991 c 81: See note following RCW 29.85.010.



THE ABOVE STATUTE RCW 29.07.400 makes it crystal clear that any Election Worker who REMARKED, ALTERED, DESTROYS, MUTILATES, CONCEALS, CHANGES ANY VOTER REGISTRATION OR BALLOT IS GUILTY OF A GROSS MISDEMEANOR, SO WHY ISN’T ANYBODY FROM THE REPUBLIC PARTY OR DEMOCRATIC PARTY FILING CHARGES AGAINST THE COUNTY AUDITORS OR ELECTION OFFICIALS AND WORKERS???

RCW 9A.60.010 Definitions.

The following definitions and the definitions of RCW 9A.56.010 are applicable in this chapter unless the context otherwise requires:

(1) "Written instrument" means: (a) Any paper, document, or other instrument containing written or printed matter or its equivalent; or (b) any access device, token, stamp, seal, badge, trademark, or other evidence or symbol of value, right, privilege, or identification;

(2) "Complete written instrument" means one which is fully drawn with respect to every essential feature thereof;

(3) "Incomplete written instrument" means one which contains some matter by way of content or authentication but which requires additional matter in order to render it a complete written instrument;

(4) To "falsely make" a written instrument means to make or draw a complete or incomplete written instrument which purports to be authentic, but which is not authentic either because the ostensible maker is fictitious or because, if real, he did not authorize the making or drawing thereof;

(5) To "falsely complete" a written instrument means to transform an incomplete written instrument into a complete one by adding or inserting matter, without the authority of anyone entitled to grant it;

(6) To "falsely alter" a written instrument means to change, without authorization by anyone entitled to grant it, a written instrument, whether complete or incomplete, by means of erasure, obliteration, deletion, insertion of new matter, transposition of matter, or in any other manner;

(7) "Forged instrument" means a written instrument which has been falsely made, completed, or altered.

[1999 c 143 § 38; 1987 c 140 § 5; 1975_'76 2nd ex.s. c 38 § 12; 1975 1st ex.s. c 260 § 9A.60.010.]

Notes:

Effective date__Severability__1975_'76 2nd ex.s. c 38: See notes following RCW 9A.08.020.



RCW 9A.72.010 Definitions.

The following definitions are applicable in this chapter unless the context otherwise requires:

(1) "Materially false statement" means any false statement oral or written, regardless of its admissibility under the rules of evidence, which could have affected the course or outcome of the proceeding; whether a false statement is material shall be determined by the court as a matter of law;

(2) "Oath" includes an affirmation and every other mode authorized by law of attesting to the truth of that which is stated; in this chapter, written statements shall be treated as if made under oath if:

(a) The statement was made on or pursuant to instructions on an official form bearing notice, authorized by law, to the effect that false statements made therein are punishable;

(b) The statement recites that it was made under oath, the declarant was aware of such recitation at the time he or she made the statement, intended that the statement should be represented as a sworn statement, and the statement was in fact so represented by its delivery or utterance with the signed jurat of an officer authorized to administer oaths appended thereto; or

(c) It is a statement, declaration, verification, or certificate, made within or outside the state of Washington, which is certified or declared to be true under penalty of perjury as provided in RCW 9A.72.085.

(3) An oath is "required or authorized by law" when the use of the oath is specifically provided for by statute or regulatory provision or when the oath is administered by a person authorized by state or federal law to administer oaths;

(4) "Official proceeding" means a proceeding heard before any legislative, judicial, administrative, or other government agency or official authorized to hear evidence under oath, including any referee, hearing examiner, commissioner, notary, or other person taking testimony or depositions;

(5) "Juror" means any person who is a member of any jury, including a grand jury, impaneled by any court of this state or by any public servant authorized by law to impanel a jury; the term juror also includes any person who has been drawn or summoned to attend as a prospective juror;

(6) "Testimony" includes oral or written statements, documents, or any other material that may be offered by a witness in an official proceeding.

[2001 c 171 § 2. Prior: 1995 c 285 § 30; 1981 c 187 § 1; 1975 1st ex.s. c 260 § 9A.72.010.]

NOTES:

Purpose__2001 c 171: "The purpose of this act is to respond to State v. Thomas, 103 Wn. App. 800, by reenacting, without changes, legislation relating to the crime of perjury, as amended in sections 30 and 31, chapter 285, Laws of 1995." [2001 c 171 § 1.]

Effective date__2001 c 171: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 7, 2001]." [2001 c 171 § 4.]

Effective date__1995 c 285: See RCW 48.30A.900.

RCW 9A.72.150 Tampering with physical evidence.

(1) A person is guilty of tampering with physical evidence if, having reason to believe that an official proceeding is pending or about to be instituted and acting without legal right or authority , he:

(a) Destroys, mutilates, conceals, removes, or alters physical evidence with intent to impair its appearance, character, or availability in such pending or prospective official proceeding; or

(b) Knowingly presents or offers any false physical evidence.

(2) "Physical evidence" as used in this section includes any article, object, document, record, or other thing of physical substance.

(3) Tampering with physical evidence is a gross misdemeanor.

[1975 1st ex.s. c 260 § 9A.72.150.]

IF THE ELECTION WORKERS IN KING COUNTY REALLY ALTERED, CHANGED, MUTILATED AND TAMPERED WITH VOTER BALLOTS WITH BLACK HIGHLIGHTER PENS AS REPORTED ON TELEVISION, WHY ISN’T ANYONE FROM THE REPUBLICAN PARTY FILING CRIMINAL CHARGES AGAINST THE KING COUNTY ELECTION OFFICIALS???

RCW 29.85.110 Tampering with polling place materials. (Effective until July 1, 2004.)

Any person who willfully defaces, removes, or destroys any of the supplies or materials which the person knows are intended both for use in a polling place and for enabling a voter to prepare his or her ballot is guilty of a class C felony punishable under RCW 9A.20.021.

[1991 c 81 § 9; 1965 c 9 § 29.85.110. Prior: 1889 p 412 § 31; RRS § 5296. FORMER PART OF SECTION: 1935 c 108 § 3, part; RRS § 5339_3, part, now codified, as reenacted, in RCW 29.85.230.]

Notes:

Effective date__1991 c 81: See note following RCW 29.85.010.



RCW 9A.60.030 Obtaining a signature by deception or duress.

(1) A person is guilty of obtaining a signature by deception or duress if by deception or duress and with intent to defraud or deprive he causes another person to sign or execute a written instrument.

(2) Obtaining a signature by deception or duress is a class C felony.

[1975_'76 2nd ex.s. c 38 § 14; 1975 1st ex.s. c 260 § 9A.60.030.]

Notes:

Effective date__Severability__1975_'76 2nd ex.s. c 38: See notes following RCW 9A.08.020.



RCW 9.38.020 False representation concerning title.

Every person who shall maliciously or fraudulently execute or file for record any instrument, or put forward any claim, by which the right or title of another to any real or personal property is, or purports to be transferred, encumbered or clouded, shall be guilty of a gross misdemeanor.

[2000 c 250 § 9A_821; 1909 c 249 § 369; RRS § 2621.]

NOTES:

Effective date__2000 c 250: See RCW 62A.9A_701.



RCW 9.44.080 Misconduct in signing a petition.

In a situation not covered by *RCW 29.79.440, 29.79.490, 29.82.170, or 29.82.220, every person who shall willfully sign the name of another person or of a fictitious person, or for any consideration, gratuity or reward shall sign his own name to or withdraw his name from any referendum or other petition circulated in pursuance of any law of this state or any municipal ordinance; or in signing his name to such petition shall willfully subscribe to any false statement concerning his age, citizenship, residence or other qualifications to sign the same; or knowing that any such petition contains any such false or wrongful signature or statement, shall file the same, or put the same off with intent that it should be filed, as a true and genuine petition, shall be guilty of a misdemeanor.

[1999 c 143 § 4; 1909 c 249 § 337; RRS § 2589.]

Notes:

*Reviser's note: RCW 29.79.440, 29.79.490, 29.82.170, and 29.82.220 were recodified as RCW 29A.84.230, 29A.84.250, 29A.84.240, and 29A.84.220, respectively, pursuant to 2003 c 111 § 2401, effective July 1, 2004.

Forgery: RCW 9A.60.020.

Initiative and referendum petition forgery: RCW 29A.84.230, 29A.84.250.

Recall petition forgery: RCW 29A.84.240, 29A.84.220.



IF ELECTION WORKERS REALLY ALLOWED HOMELESS OR TRANSIENT PEOPLE WHO CANNOT PROVE THEY ARE RESIDENTS OR INHABITANTS OF GOVERNMENT BUILDINGS IN WHICH NOBODY RESIDES OR INHABITS TO ILLEGALLY REGISTER GOVERNMENT BUILDINGS AS THEIR RESIDENT ADDRESSES AS REPORTED ON TELEVISION, WHY ISN’T ANYONE FILING CRIMINAL COMPLAINTS AGAINST THESE ELECTION OFFICIALS OR THE INDIVIDUALS WHO COMMITTED PERJURY AND FALSIFICATION OF THEIR VOTER REGISTRATION CARDS???

RCW 9.73.020 Opening sealed letter.

Every person who shall wilfully open or read, or cause to be opened or read, any sealed message, letter or telegram intended for another person, or publish the whole or any portion of such a message, letter or telegram, knowing it to have been opened or read without authority, shall be guilty of a misdemeanor.

[1909 c 249 § 411; RRS § 2663.]



RCW 9.81.070 Public employment__Determining eligibility__Inquiries__Oath.

Every person and every board, commission, council, department, court or other agency of the state of Washington or any political subdivision thereof, who or which appoints or employs or supervises in any manner the appointment or employment of public officials or employees shall establish by rules, regulations or otherwise, procedures designed to ascertain whether any person is a subversive person. In securing any facts necessary to ascertain the information herein required, the applicant shall be required to sign a written statement containing answers to such inquiries as may be material, which statement shall contain notice that it is subject to the penalties of perjury. Every such person, board, commission, council, department, court, or other agency shall require every employee or applicant for employment to state under oath whether or not he or she is a member of the Communist party or other subversive organization, and refusal to answer on any grounds shall be cause for immediate termination of such employee's employment or for refusal to accept his or her application for employment.

[1955 c 377 § 1; 1951 c 254 § 12.]

Notes:

Application forms, licenses__Mention of race or religion prohibited__Penalty: RCW 43.01.100.

Discrimination in employment: Chapter 49.60 RCW.



RCW 9.81.100 Public office__Candidate must file affidavit. (Effective until July 1, 2004.)

No person shall become a candidate for election under the laws of the state of Washington to any public office whatsoever in this state, unless he or she shall file an affidavit that he or she is not a subversive person as defined in this chapter. No declaration of candidacy shall be received for filing by any election official of any county or subdivision in the state of Washington or by the secretary of state of the state of Washington unless accompanied by the affidavit aforesaid, and there shall not be entered upon any ballot or voting machine at any election the name of any person who has failed or refused to make the affidavit as set forth herein.

[1951 c 254 § 16.]

RCW 9.81.110 Misstatements are punishable as perjury__Penalty.

Every written statement made pursuant to this chapter by an applicant for appointment or employment, or by any employee, shall be deemed to have been made under oath if it contains a declaration preceding the signature of the maker to the effect that it is made under the penalties of perjury. Any person who wilfully makes a material misstatement of fact (1) in any such written statement, or (2) in any affidavit made pursuant to the provisions of this chapter, or (3) under oath in any hearing conducted by any agency of the state, or of any of its political subdivisions pursuant to this chapter, or (4) in any written statement by an applicant for appointment or employment or by an employee in any state aid or private institution of learning in this state, intended to determine whether or not such applicant or employee is a subversive person as defined in this chapter, which statement contains notice that it is subject to the penalties of perjury, shall be subject to the penalties of perjury, as prescribed in chapter 9.41 RCW.

[1951 c 254 § 17.]

RCW 29.08.020 Duties of county auditor__Application of remainder of title. (Effective until July 1, 2004.)

The county auditor is responsible for the conduct of voter registration under this chapter within the county. Except where inconsistent with this chapter, the remaining provisions of Title 29 RCW apply to registration by mail.

[1993 c 434 § 2.]



IF ELECTION WORKERS REALLY ALLOWED HOMELESS OR TRANSIENT PEOPLE WHO CANNOT PROVE THEY ARE RESIDENTS OR INHABITANTS OF GOVERNMENT BUILDINGS IN WHICH NOBODY RESIDES OR INHABITS TO ILLEGALLY REGISTER GOVERNMENT BUILDINGS AS THEIR RESIDENT ADDRESSES AS REPORTED ON TELEVISION, WHY ISN’T ANYONE FILING CRIMINAL COMPLAINTS AGAINST THE COUNTY AUDITOR AND ALL ELECTION OFFICIALS OR THE INDIVIDUALS WHO COMMITTED PERJURY AND FALSIFICATION OF THEIR VOTER REGISTRATION CARDS???

RCW 9A.08.020 Liability for conduct of another__Complicity.

(1) A person is guilty of a crime if it is committed by the conduct of another person for which he is legally accountable.

(2) A person is legally accountable for the conduct of another person when:

(a) Acting with the kind of culpability that is sufficient for the commission of the crime, he causes an innocent or irresponsible person to engage in such conduct; or

(b) He is made accountable for the conduct of such other person by this title or by the law defining the crime; or

(c) He is an accomplice of such other person in the commission of the crime.

(3) A person is an accomplice of another person in the commission of a crime if:

(a) With knowledge that it will promote or facilitate the commission of the crime, he

(i) solicits, commands, encourages, or requests such other person to commit it; or

(ii) aids or agrees to aid such other person in planning or committing it; or

(b) His conduct is expressly declared by law to establish his complicity.

(4) A person who is legally incapable of committing a particular crime himself may be guilty thereof if it is committed by the conduct of another person for which he is legally accountable, unless such liability is inconsistent with the purpose of the provision establishing his incapacity.

(5) Unless otherwise provided by this title or by the law defining the crime, a person is not an accomplice in a crime committed by another person if:

(a) He is a victim of that crime; or

(b) He terminates his complicity prior to the commission of the crime, and either gives timely warning to the law enforcement authorities or otherwise makes a good faith effort to prevent the commission of the crime.

(6) A person legally accountable for the conduct of another person may be convicted on proof of the commission of the crime and of his complicity therein, though the person claimed to have committed the crime has not been prosecuted or convicted or has been convicted of a different crime or degree of crime or has an immunity to prosecution or conviction or has been acquitted.

[1975_'76 2nd ex.s. c 38 § 1; 1975 1st ex.s. c 260 § 9A.08.020.]

Notes:

Effective date__1975_'76 2nd ex.s. c 38: "This 1976 amendatory act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect on July 1, 1976." [1975_'76 2nd ex.s. c 38 § 21.]

Severability__1975_'76 2nd ex.s. c 38: "If any provision of this 1976 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1975_'76 2nd ex.s. c 38 § 20.]



RCW 9A.28.040 Criminal conspiracy.

(1) A person is guilty of criminal conspiracy when, with intent that conduct constituting a crime be performed, he or she agrees with one or more persons to engage in or cause the performance of such conduct, and any one of them takes a substantial step in pursuance of such agreement.

(2) It shall not be a defense to criminal conspiracy that the person or persons with whom the accused is alleged to have conspired:

(a) Has not been prosecuted or convicted; or

(b) Has been convicted of a different offense; or

(c) Is not amenable to justice; or

(d) Has been acquitted; or

(e) Lacked the capacity to commit an offense; or

(f) Is a law enforcement officer or other government agent who did not intend that a crime be committed.

(3) Criminal conspiracy is a:

(a) Class A felony when an object of the conspiratorial agreement is murder in the first degree;

(b) Class B felony when an object of the conspiratorial agreement is a class A felony other than murder in the first degree;

(c) Class C felony when an object of the conspiratorial agreement is a class B felony;

(d) Gross misdemeanor when an object of the conspiratorial agreement is a class C felony;

(e) Misdemeanor when an object of the conspiratorial agreement is a gross misdemeanor or misdemeanor.

[1997 c 17 § 1; 1975 1st ex.s. c 260 § 9A.28.040.]

IF TWO (2) OR MORE KING COUNTY ELECTION OFFICIALS PARTICIPATED IN REMARKING AND ALTERING VOTER BALLOTS AS REPORTED ON TELEVISION, WHY ISN’T ANYONE FILING CRIMINAL COMPLAINTS OF CONSPIRACY AGAINST THESE KING COUNTY ELECTION OFFICIALS???



RCW 9A.36.070 Coercion.

(1) A person is guilty of coercion if by use of a threat he compels or induces a person to engage in conduct which the latter has a legal right to abstain from, or to abstain from conduct which he has a legal right to engage in.

(2) "Threat" as used in this section means:

(a) To communicate, directly or indirectly, the intent immediately to use force against any person who is present at the time; or

(b) Threats as defined in RCW 9A.04.110(25)(a), (b), or (c).

(3) Coercion is a gross misdemeanor.

[1975 1st ex.s. c 260 § 9A.36.070.]



RCW 9A.56.010 Definitions.

The following definitions are applicable in this chapter unless the context otherwise requires:

. . . (2) "Appropriate lost or miss-delivered property or services" means obtaining or exerting control over the property or services of another which the actor knows to have been lost or mislaid, or to have been delivered under a mistake as to identity of the recipient or as to the nature or amount of the property;

. . . (4) "By color or aid of deception" means that the deception operated to bring about the obtaining of the property or services; it is not necessary that deception be the sole means of obtaining the property or services;

. . . (5) "Deception" occurs when an actor knowingly:

. . . (a) Creates or confirms another's false impression which the actor knows to be false; or

. . . (b) Fails to correct another's impression which the actor previously has created or confirmed; or

. . . (c) Prevents another from acquiring information material to the disposition of the property involved; or

. . . (6) "Deprive" in addition to its common meaning means to make unauthorized use or an unauthorized copy of records, information, data, trade secrets, or computer programs;

. . . (8) "Obtain control over" in addition to its common meaning, means:

. . . (a) In relation to property, to bring about a transfer or purported transfer to the obtainer or another of a legally recognized interest in the property; or

. . . (11) "Receive" includes, but is not limited to, acquiring title, possession, control, or a security interest, or any other interest in the property;

. . . (14) "Stolen" means obtained by theft, robbery, or extortion;

. . . (d) Whenever any person is charged with possessing stolen property and such person has unlawfully in his possession at the same time the stolen property of more than one person, then the stolen property possessed may be aggregated in one count and the sum of the value of all said stolen property shall be the value considered in determining the degree of theft involved.

. . . (e) Property or services having value that cannot be ascertained pursuant to the standards set forth above shall be deemed to be of a value not exceeding two hundred and fifty dollars;

. . . (19) "Wrongfully obtains" or "exerts unauthorized control" means:

. . . (a) To take the property or services of another;

. . . (b) Having any property or services in one's possession, custody or control as bailee, factor, lessee, pledgee, renter, servant, attorney, agent, employee, trustee, executor, administrator, guardian, or officer of any person, estate, association, or corporation, or as a public officer, or person authorized by agreement or competent authority to take or hold such possession, custody, or control, to secrete, withhold, or appropriate the same to his or her own use or to the use of any person other than the true owner or person entitled thereto; or

. . . (c) Having any property or services in one's possession, custody, or control as partner, to secrete, withhold, or appropriate the same to his or her use or to the use of any person other than the true owner or person entitled thereto, where the use is unauthorized by the partnership agreement.

[2002 c 97 § 1; 1999 c 143 § 36; 1998 c 236 § 1; 1997 c 346 § 2; 1995 c 92 § 1; 1987 c 140 § 1; 1986 c 257 § 2; 1985 c 382 § 1; 1984 c 273 § 6; 1975_'76 2nd ex.s. c 38 § 8; 1975 1st ex.s. c 260 § 9A.56.010.]

Notes:

Severability__1986 c 257: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1986 c 257 § 37.]

Severability__1985 c 382: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1985 c 382 § 3.]

Effective date__Severability__1975_'76 2nd ex.s. c 38: See notes following RCW 9A.08.020.

RCW 9A.56.040 Theft in the second degree__Other than firearm.

(1) A person is guilty of theft in the second degree if he or she commits theft of:

(a) Property or services which exceed(s) two hundred and fifty dollars in value other than a firearm as defined in RCW 9.41.010, but does not exceed one thousand five hundred dollars in value; or

(b) A public record, writing, or instrument kept, filed, or deposited according to law with or in the keeping of any public office or public servant; or

(c) An access device; or

(d) A motor vehicle, of a value less than one thousand five hundred dollars.

(2) Theft in the second degree is a class C felony.

[1995 c 129 § 12 (Initiative Measure No. 159); 1994 sp.s. c 7 § 433; 1987 c 140 § 2; 1982 1st ex.s. c 47 § 15; 1975 1st ex.s. c 260 § 9A.56.040.]

NOTES:

Findings and intent__Short title__Severability__Captions not law__1995 c 129: See notes following RCW 9.94A.510.

Finding__Intent__Severability__1994 sp.s. c 7: See notes following RCW 43.70.540.

Effective date__1994 sp.s. c 7 §§ 401_410, 413_416, 418_437, and 439_460: See note following RCW 9.41.010.

Severability__1982 1st ex.s. c 47: See note following RCW 9.41.190.

Civil action for shoplifting by adults, minors: RCW 4.24.230.



RCW 9A.56.160 Possessing stolen property in the second degree__Other than firearm.

(1) A person is guilty of possessing stolen property in the second degree if:

(a) He or she possesses stolen property other than a firearm as defined in RCW 9.41.010 which exceeds two hundred fifty dollars in value but does not exceed one thousand five hundred dollars in value; or

(b) He or she possesses a stolen public record, writing or instrument kept, filed, or deposited according to law; or

(c) He or she possesses a stolen access device; or

(d) He or she possesses a stolen motor vehicle of a value less than one thousand five hundred dollars.

(2) Possessing stolen property in the second degree is a class C felony.

[1995 c 129 § 15 (Initiative Measure No. 159); 1994 sp.s. c 7 § 434; 1987 c 140 § 4; 1975 1st ex.s. c 260 § 9A.56.160.]

NOTES:

Findings and intent__Short title__Severability__Captions not law__1995 c 129: See notes following RCW 9.94A.510.

Finding__Intent__Severability__1994 sp.s. c 7: See notes following RCW 43.70.540.

Effective date__1994 sp.s. c 7 §§ 401_410, 413_416, 418_437, and 439_460: See note following RCW 9.41.010.



RCW 29.01.065 Elector. (Effective until July 1, 2004.)

"Elector" means any person who possesses all of the qualifications to vote under Article VI of the state Constitution.

[1987 c 346 § 2.]

Notes:

Legislative intent__Effective date__1987 c 346: See notes following RCW 29.36.210.



RCW 29.01.137 Registered voter. (Effective until July 1, 2004.)

"Registered voter" means any elector who possesses all of the statutory qualifications to vote under chapters 29.07 and 29.10 RCW. The terms "registered voter" and "qualified elector" are synonymous.

[1987 c 346 § 7.]

Notes:

Legislative intent__Effective date__1987 c 346: See notes following RCW 29.36.210.

HOMELESS PEOPLE AND TRANSIENTS WHO REGISTERED THEIR RESIDENT ADDRESSES INSIDE GOVERNMENT BUILDING WHERE NOBODY RESIDES OR INHABITS DO NOT QUALIFY AS "RESIDENTS" OF THIS STATE AND ARE INELIGIBLE TO BE LISTED AS A REGISTERED VOTER.

RCW 29.01.140 Residence. (Effective until July 1, 2004.)

"Residence" for the purpose of registering and voting means a person's permanent address where he physically resides and maintains his abode: PROVIDED, That no person gains residence by reason of his presence or loses his residence by reason of his absence:

(1) While employed in the civil or military service of the state or of the United States;

(2) While engaged in the navigation of the waters of this state or the United States or the high seas;

(3) While a student at any institution of learning;

(4) While confined in any public prison.

Absence from the state on business shall not affect the question of residence of any person unless the right to vote has been claimed or exercised elsewhere.

[1971 ex.s. c 178 § 1; 1965 c 9 § 29.01.140. Prior: 1955 c 181 § 1; prior: (i) Code 1881 § 3051; 1865 p 25 § 2; RRS § 5110. (ii) Code 1881 § 3053; 1866 p 8 § 11; 1865 p 25 § 4; RRS § 5111.]

Notes:

Residence, contingencies affecting: State Constitution Art. 6 § 4.



APPARENTLY KING COUNTY ELECTION OFFICIALS "KNOWINGLY" ALLOWED ALLEGED HOMELESS PEOPLE TO REGISTER FALSE RESIDENT ADDRESSES IN GOVERNMENT BUILDINGS WHERE NOBODY RESIDES OR INHABITS AND THEREFORE THE COURT HEARING THIS CASE IS REQUIRED BY LAW TO VOID AND CANCEL ALL OF THEIR BALLOTS FOR FAILURE TO PROVIDE PROOF OF RESIDENCY ON THE FOLLOWING CrR 1.1 DECISIONAL LAW O F THIS STATE TO WIT:

WHAT IS A RESIDENCE? RCW 29.01.140 defines residence as, "A person’s permanent address where he physically resides and maintains his abode. . . ."

RESIDENCE IS A PERSON’S PERMANENT ADDRESS

WHERE HE PHYSICALLY RESIDES AND

MAINTAINS HIS ABODE!

"The court of the State of Washington have declined to establish a different standard for deciding status as an elector with one for voting purposes and another for office holding purposes." State ex rel. Bickford vs. Jacobsen , 16 Wash. App. 473, 558 P.2d 292 (1976). And;

Black’s Law Dictionary , 1968, page 1473 defines residence as:

"Residence. A factual place of abode. Living in a particular locality. It requires only bodily presence as an inhabitant of a place."

Black’s then goes on to distinguish domicile from residence; the basic distinction being that the former requires an intent, and the latter requires physical occupancy. Black’s , page 20, defines "abode"; "One’s home; habitation; place of dwelling, or residence." Black’s page 1083 defines "live": "To live in a place, is to reside their, to abide there, to have one’s home."

Thus, "residence" is usually construed to mean "domicile," 25 Am. Jur. 2d section 66, Matter of Lassen’s Estate , 33 Wn.2d 163, 204 P.2d 1071 (1949); Sasse v. Sasse , 41 Wn.2d 363, 249 P.2d 380 (1952); Thomas v. Thomas , 58 Wn.2d 377, 363 P.2d 107 (1960).

The elements required to sustain a change have been defined as follows:

"Residence in fact coupled with the purpose to make the place of residence one’s home, are the essential elements of domicile, and in every case of change of domicile, these two things are indispensable and must be shown." Matter of Lassen’s Estate, 33 Wn.2d 163, 165-66, 204 P.2d 1071 (1949).

Thus, physical presence i.e. "residency" must coincide with an intention to make a new permanent home. Thomas v. Thomas , 58 Wn.2d 377, 363 P.2d 107 (1961); Sasse v. Sasse , 41 Wn.2d 363, 249 P.2d 380 (1952). Where neither exists, residence has not changed. Another way of expressing the requirement is as follows:

"To acquire a domicile of choice, he must establish a dwelling place with the intention of making it his home. The fact of physical presence at a dwelling place and the intention to make it a home must concur, and, if they do so, the change of domicile takes place. Sasse v. Sasse, 41 Wn.2d 363, 249 P.2d 380 (1952).

A residence once established continues until a new one is acquired, Matter of Moore’s Estate , 68 Wn.2d 792, 415 P.2d 653 (1966); Kankleborg v. Kankelborg , 199 Wash. 259, 90 P.2d 1018 (1935); Polk v. Polk , 158 Wash. 242, 290 P. 861 (1930) and the burden of proving a change falls upon the party asserting the change. State v. Burns , 59 Wn.2d 197, 367 P.2d 119 (1961) because as stated in Fiske v. Fiske , 48 Wn.2d 69, 71, 290 P.2d 725 (1955):

"the voluntary question of a new residence forfeits and abandons the previous one, since one cannot have two residences at the same time."



In the Fiske case, Fiske had maintained a bank account, licensed a car, and voted in Washington the court went on to say:

"These acts are sufficient to show an intention to acquire a residence in Washington at some time in the future. That is not enough. The intention to establish a residence must relate to a present residence. 48 Wn.2d at 73

This accords with the restatement rule adopted by this state in Matter of Lassin’s Estate , 33 Wn.2d 163, 204 P.2d 1071 (1949):

"For the acquisition of a domicile of choice, the intention to make a home must be an intention to make a home at the moment, not to make a home in the future. 33 Wn.2d at 167, quoting Restatement Conflict of Laws, section 20.

The Restatement (Second ) of Conflict of Laws has preserved the same rule as the comments make clear.

"There must be a present intention to make a home. One must be able to say, "This is now my home," and not "This is to be my home." 2d Rest. Conflict of Laws, section 18, comment b.

The CrRLJ 1.1 Decisional case law of this states is consistent with other states and is likewise declaratory of the basic fundamental that residence in the county is a qualification for status as an elector or voter and/or holding office.

First of all, the term "residence" with reference to voting and qualification for office is legally distinct from the term "domicile."

In Park v. Hood , 27 N.E. (2d) 838, the Supreme Court of Illinois, which by the way has similar constitutional and statutory requirements as to one year’s residence in the precinct, pointed out the distinction between domicile on the one hand and residence for voting purposes on the other:

"It is necessary to decide whether these six persons were domiciled in Frederick for the reason that domicile and residence are not synonymous. Mere proof that domicile had been retained in Frederick would be insufficient to enable them to vote. We have recently held it is necessary that a voter show a place of residence or permanent abode for the requisite statutory period in the precinct in which he seeks to vote which he has not abandoned, but which he occupies as an abode or to which he intends to return."

This case has been consistently followed by the courts of Illinois and the last expression of the identical doctrine is to be found in Clark v. Quick , 36 N.E. (2d) 563.

In Kurilla v. Roth , 38 Atl. (2d) 862, the Supreme Court of New Jersey, dealing with the service of process against a man in the military services by leaving a copy at place of abode, distinguishes residence from domicile as follows:

"True, defendant’s induction into the military did not in effect a change of domicile. But "domicile" and "residence" or "abode" or "usual place of abode" are not convertible terms. "Domicile" is the relation which the law creates between an individual and a particular locality or county. In a strict legal sense, the domicile of a person is the place where he has his true, fixed, permanent home and principal establishment, and to which, whenever he his absent, he has the intention of returning, and from which he has the intention of returning, and from which he has no present intention of moving. *** It is the place with which he has a settled connection for certain legal purposes, either because his home is there, or because that place is assigned to him by law. ****This is the rule adopted by the American Law Institute, ALI, Conflict of Laws, section 9, and every person, in all circumstances and conditions, is deemed to have a domicile once established continues until superceded by a new domicile, and the old domicile is not lost until a new one is acquired.

A person may have several residences or places of abode but he can have only one domicile at a time. Domicile of choice is essentially a question of residence and intention–of factum and animus. It involves an exercise of volition. ****And he may have his residence in one place, while his domicile is in another. ****There are certain legal rights and privileges which pertain to "residence" rather than to "domicile." One’s home may be relinquished and abandoned, while one’s "domicile," upon which may depend certain legal rights and duties, may in legal contemplation remain.

* * * *

"Abode is one’s fixed place of residence for the time being–the place where a person dwells. One’s usual place of abode in the statutory view is the place where one is actually living. ****"

In Kreitz v. Behrensmeyer , 17 N.E. 232, the Supreme Court of Illinois said:

"Abandonment of residence is instantaneous and if it be a voter of residence in one voting district at a date too near the election for the requisite intervening time of residence to be a voter in another voting district to which he has removed, the voter will be entitled to vote in neither voting district."

Again in Coffey v. Board of Elections Commissioners , 31 N.E. (2d) 588, the same court held for voting qualifications one must maintain a real abode in the district, the court saying:

"A real and not an imaginary abode occupied as his home or dwelling we have held is essential to satisfy the residential qualifications prescribed by law. In particular, a voter must show a place of residence or abode for the requisite statutory period in the precinct in which he seeks to vote, which he has not abandoned but occupies as an abode, or to which he intends to return. A residence for voting purposes is not lost by temporary removal with the intention to return, but when one abandons his home and takes up his residence in another county or state, he loses the privilege of voting in the precinct from which he moved."

In State v. McGeary , 38 At. 165, the Vermont court, considering a statute making eligibility to vote in a particular ward a qualification for ward office, held that the mere buying or furnishing of a house in the ward was not sufficient, the court saying:

"All he had done in purchasing a lot in Ward 5, in erecting a house thereon, in preparing it for occupancy, in moving into it the things necessary for occupying it for a home from his rooms in Ward 4 and from other sources, was preparatory to making his abode therein January 6, 1897. For a year or more he had been intending to make the new house his home at some future time, but the intention alone, nor with the preparation added, did not make it his home. The final act which transferred his home from the rooms in Ward 4 to the new house in Ward 5 was when he ceased to occupy the rooms with his wife, as a place of abode, on January 5, 1897, and took up his abode in his new houses in Ward 5. Hence, on March 2, 1897, he had not resided two full months in Ward 5, was not therein a legal voter for ward officers, and therefore not eligible to be elected for that ward."

It must be apparent from the foregoing samples of judicial expression that the words of "residence" and "lived" as used in the Constitution and statutes hereinbefore and hereinafter considered are to be given their ordinary and usual meaning and definitely do not contemplate the concept of "domicile."

Whether a residence or domicile has changed is a question of fact to be determined by the trier of fact. Thomas v. Thomas , 58 Wn.2d 377, 363 P.2d 107 (1961) and the determination should be based on the elements discussed above including the "bona fide" intent and whether any declaration of intent was made in good faith. Matter of Mullins , 26 Wn.2d 419, 174 P.2d 790 (1946); Sasse v. Sasse , 41 Wn.2d 363, 249 P.2d 380 (1952). Surrounding facts are pertinent to the consideration of intent and will prevail over a mere declaration of intent when the later is challenged, Hammond v. Hammond , 45 Wn.2d 853, 278 P.2d 387 (1954); Matter of Mullins , 26 Wn.2d 419, 174 P.2d 790 (1946).

State v. Mueller , 388 S.W.2d 53 (1965) deals extensively with defining the word "resident" as a qualification for eligibility to public office. There it is pointed out that while a man’s intent or state of mind is as much a fact as the state of his digestion,

"Intent is subjective thing. What a man says about it may easily conceal it as reveal it . . . Thus the rule has evolved that where the behaviour of the householder is at odds with his professed intent, the former will control, for actions speak louder than words."

To the same effect see Bainum v. Kalen , 272 Md. 364, 325 A.2d 392 (1974); Box v. State Elections Board of Oklahoma , 526 P2d 936 (1974) (Which holds that residence for candidate eligibility means actual presence plus intent to remain for an indefinite period of time.); Karn v. Hayes , 530 P.2d 156 (1975) and Freund v. Hastie , 13 Wn.App. 731 (June 23, 1975).

Indeed, even the United States Constitution requires durational "residency" for candidates, e.g. fourteen years for President, nine years for U.S. Senator, seven years for U.S. Representative.

Nor is an intention to change domicile for the purpose of qualifying for office sufficient.

"The primary intentions required for an acquisition of a domicile of choice is an intention to make a home rather than an intention to acquire a domicile. Were it otherwise, persons could choose to be domiciled in a state of low burdens and high benefits quite irrespective of where they actually happen to live. 2d Rest. Conflicts of Laws, section 18, comment g.

In this state, one need look no further than Richard Ruoff, a former state legislature who rented an apartment in a new district to establish a residence while maintaining his old home. The facts showed that Richard Ruoff had not moved his residence and he was disqualified. Toennessen v. Ruoff and Morris , King County Cause No. 590129.

Volume twenty-two of the Second Edition of American Jurisprudence cited Ruoff had this to say:

"Declarations as the eligibility of candidates to run for office have been denied on the ground that no justiciable controversy exists prior to the filing of a declaration of candidacy. ..." (22 Am. Jur. 2d, Declaratory Judgments, sec. 35, p. 886). And;

A COMPREHENSIVE STATUTORY STRUCTURE REQUIRES ALL CANDIDATES FOR PUBLIC OFFICE TO BE RESIDENTS OF THE

DISTRICT SERVED BY THE PUBLIC OFFICE TO QUALIFY FOR

ELECTION AND TO HOLD PUBLIC OFFICE

RCW 42.04.020 requires residency for all candidates for public office. Furthermore, RCW 42.04.020 determines that being an elector in the county in which the candidate seeks office is a fundamental qualification for being elected to or holding public office for all candidates. Article VI, section 1 of the Washington Constitution defines who is an elector:

Article VI, section 1 QUALIFICATIONS OF ELECTORS.

All persons of the age of eighteen years or over who are citizens of the United States and who have lived in the state, county, and precinct thirty days immediately preceding the election at which they offer to vote, except those disqualified by Article VI, section 3 of this Constitution, shall be entitled to vote at all elections.

RCW 42.04.020 predates the adoption of the Washington State Constitution. The plain language of the statute and constitution has been held to require candidates for public office to be electors, and therefor residents, of the jurisdictions electing them. Freund v. Hastie, 13 Wn.App. 731, 537 P.2d 804 (1975) . This basic requirement is also published to candidates and the public in the Pierce County Auditor’s "1996 Pierce County Election Information and Statistics Manual." Page 13. And;

The appellant in In re Bartz , 47 Wn.2d 161, 287 P.2d 119 (1955) argued that the Constitution was not silent as to the qualifications for justices of the peace, pointing to the residency requirement in article III, section 25, which provides that "[n]o person except a citizen of the United States and a qualified elector of this state shall be eligible to hold any state office[.] " And;

RESIDENCY IS REQUIRED BY THE FOLLOWING STATUTES TO WIT:

First Class Cities (10 Cities) :

The manner in which cities of the first class exercise their powers, functions and the duties conferred upon them by law, is controlled by their charters. RCW 35.22.020. These cities are subject to RCW 42.04.020.

Second Class Cities (4 Cities) :

The eligibility standards for elective officers in second class cities are found in RCW 35.23.030, which provides as follows:

"No person shall be eligible to hold any elective office in any city of the second class unless he is a registered voter therein and has resided therein for at least one year preceding the date of his election ." (Emphasis supplied.)

This statute properly lends itself to the rule of construction that a qualifying or conditioning phrase in a statute relates solely to the last antecedent. In this instance, the phrase "for at least one year next preceding the date of his election" qualifies the phrase "resided therein" and not the phrase "registered voter."

Therefore, in second class cities one must have been a resident for one year and a registered voter (for any length of time) to be eligible for elective office.

Third Class Cities (73 Cities) :

Eligibility to elective office in third class cities is governed by RCW 35.24.030, which provides as follows:

"No person shall be eligible to hold an elective office in a city of the third class unless he be a citizen of and a legal resident therein ."

It is clear from this one that one need only be an elector (RCW 42.04.020, supra), legal resident and citizen of the city, to be eligible to hold elective office in a third class city.

Fourth Class Cities (157 Cities) :

The eligibility for elective office in fourth class cities (designated towns, see RCW 35.27.010) is established by RCW 35.27.080 as follows:

"No person shall be eligible to hold an elective office in a town unless he is a resident and elector therein ."

Therefore, in these towns one need only be a resident and an elector to comply with the state statute.

Noncharter Code Cities (20 Cities) :

Having dealt with each of the classes of cities and towns, in turn, we now come to the noncharter code cities. The eligibility for elective office in these cities is controlled by RCW 35A.12.030, which provides as follows:

"No person shall be eligible to hold elective office under the mayor-council plan unless he shall have been a registered voter and resident of the city for a period of one year next preceding his election . Residence and voting within the limits of any territory which has been included in, annexed to, or consolidated with such city is construed to have been residence within the city. A mayor or councilman shall hold within the city government no other public office or employment except as permitted under the provisions of chapter 42.23 RCW." (Emphasis supplied.)

The question which arises from the underlines language is whether the phrase "for a period of at least one year next preceding his election" only qualifies the phrase "resident of the city" or also qualifies the term "registered voter." We must advise that the phrase in question qualifies both phrases. In this statute, the word "have" is used as an auxillary to the past participle "been." Such use expresses completed action. Webster’s New World Dictionary of the American Language, p. 664, (1966). In this case, the "completed action" is status as a registered voter and the phrase "for one year" . . ." supplies the date at which the action is completed for purposes of the statute. Without applying the qualifying phrase, we would be presented with a sentence signifying completed action but not denoting when the action is to be regarded as complete.

Therefore, we are compelled to conclude that the qualifying phrase relates to both objects of the verb, i.e., "registered voter" and "resident of the city."

In short, to be eligible to hold elective office in a non-charter code city, one must be a resident of that city for one year and a registered voter for one year . Attorney General Opinion by WAYNE L. WILLIAMS (July 23, 1971). And;

RCW 29.15.010. Declaration and affidavit of candidacy. requires the applicant to swear under oath that he or she is a registered voter within the jurisdiction of the office for which he or she is filing, and the address at which he or she is registered as part of the information required. And;

RCW 29.15.025. Qualifications for filing, appearance on ballot, (Effective January 1, 1995). requires the person seeking an office to be qualified for that office at the time of filing and also require that the candidate be "properly registered to vote in the geographical area represented by the office." And;

It is undisputed that when you take RCW 29.15.010. & RCW 29.15.025 together, they demonstrate that the legislature enacted a complete procedure for the registration of voters and the declaration of candidates utilizing a concept of address, and RCW 29.04 & RCW 29.65 provides for a post election challenge based on residence . And;

"(Rem. Rev. Stat., section 5366 [P.C. section 2121]), which provides that any elector of the proper county may contest the right of any person declared duly elected to an office, when the person, whose right to office is contested, was not, at the time of the election, eligible to such office." STATE EX REL. BROWN v. WARNOCK , 12 Wn.(2d) 478, 480 [No. 28436. En Banc. February 18, 1942.] And;

"[1] The right to maintain an action questioning the eligibility of a candidate for election to a public office is inherent in a citizen and an elector. See State ex rel. Reynolds v. Howell, 70 Wash. 467, 126 Pac. 954, 41 L.R.A. (N.S.) 1119; State ex rel. Todd v. Reeves, 196 Wash. 145, 82 P. (2d) 173." STATE EX REL. PENNICK v. HALL ., 26 Wn.(2d) 172, 174 [No. 30091. En Banc. October 4, 1946.] And;



"[1] Elections–Candidates–Qualifications – Residency Requirement – Validity. Durational residency requirements as a qualification for holding a public office do not violate equal protection rights if the requirement is justified by a compelling state interest. The state interest of affording a candidate an opportunity to become exposed to the needs and problems of the electorate and for the electorate to observe the candidate will justify a residency requirement so long as the duration is reasonable in the light of the office involved. See 63 Am.Jur. 2d, Public Officers and Employees section 47, 48. . . . the right to public office can [not] be equated to the right to vote in relationship to the right of travel. Candidacy for public office is quite different from voting, and one does not travel from one place to another contemplating that he will offer himself to the voters for election to state office.

We, therefore, hold that the 1-year durational residency requirement in RCW 35A.12.030 does not violate the plaintiff’s First Amendment rights or his basic constitutional right to travel.

The plaintiff also argues that the 1-year durational residency requirement deprives him of life, liberty and property without due process of law. We find this argument to be without merit under the facts of this case.

...We need not consider the constitutionality of the 1-year voter registration requirement since the plaintiff is ineligible to hold the city council position in the City of Issaquah by reason of his failure to fulfill the durational residency requirement of RCW 35A.12.030." LAWRENCE v. ISSAQUAH , 84 Wn.2d 146, 151, 152 [No.43116. En Banc. July 25, 1974.] And;



"On November 29, Arnold R. Freund, the incumbent sheriff of Island County, filed this action contesting Hastie’s election, pursuant to RCW 29.65.010. This statute provides:

Any registered voter may contest the right of any person declared elected to an office to be exercised in the county, district or precinct of his residence, for any of the following causes:

. . . (2) Because the person whose right is being contested was not at the time he was declared elected eligible to that office;

RCW 42.04.020 defines eligibility to hold office:

That no person shall be competent to qualify for or hold any elective public office within the state of Washington, or any county, . . . unless he be a citizen of the United States and state of Washington and an elector of such county, . . . The issue in this case is the eligibility of the office seeker, which is answered in State ex rel. Pennick v. Hall, 26 Wn.2d 172, 175, 173 P.2d 153 (1946), as follows:

The question of eligibility is, of course, a continuing one. This action could be brought prior to the primary election or at any time subsequent thereto.

The trial court was correct in deciding that Hastie was not eligible to be elected to the office of sheriff of Island County because he was not an elector at the required time.

The judgement is affirmed." FREUND v. HASTIE , 13 Wn.App. 731, 733, 735 (June 23, 1975) And;



"RCW 29.65.010 allows any registered voter to contest the right of a person declared elected to an office to receive the certificate of election. Presumably, Quick-Ruben bases his argument on RCW 29.65.010(2):

Because the person whose right is being contested was not at the time he was declared elected eligible to that office. . . . If Quick-Ruben were correct that Verharen was no longer a Pierce County resident and such residency was constitutionally mandated, the result of such disqualification would be a vacancy in the office at the time Verharen ceased to be a Pierce County resident. See RCW 42.12.010(4) (providing that an elective office shall become vacant upon the incumbant ceasing to be a legally registered voter of the county from which he or she shall have been elected)." STATE v. VERHAREN , 136 Wn.2d 888, 898, 899 [No. 65564-2. En Banc. December 24, 1998] And;



"[9] Statutory provisions regarding qualifications of candidates, such as a residence requirement, directly and substantively affect an election because they place restrictions upon who can be a candidate, and, consequently, are not mere technicalities. However, this court has stated the "general rule" that "election statutes are considered remedial and should be liberally construed" Gold Bar Citizens for Good Gov’t v. Whalen, 99 Wn.2d 724, 728, 665 P.2d 393 (1983) (holding that votes cast by nonresidents in an election for mayor were illegal votes). In particular, statutes establishing qualifications for office are to be construed to "unfetter the process of election" rather than "curtail the freedom to stand for office." State ex rel. O’Connell v. Dubuque, 68 Wn.2d 553, 568, 413 P.2d 972 (1966). ...The statutory provision regarding the qualifications for port commissioners states: "Only a registered voter who resides in a commissioner district may be a candidate for, or hold office as, a commissioner of the commissioner district.’ RCW 53.12.010(10(a). . . . ‘Residence’ for the purpose of registering and voting means a person’s permanent address where [the person] physically resides and maintains [the person’s] abode . . ." Under RCW 29.15.010(1), a candidate filing for office must state that the candidate "is a registered voter within the jurisdiction of the office for which [the candidate] is filing, and the address at which [the candidate] is registered." DUMAS v. GAGNER , 137 Wn.2d 268, 284, 285,290, 291 [No. 66563-0. En Banc. February 4, 1999.] And;



" RCW 35A.12.030 reads:

Eligibility to hold elective office. No person shall be eligible to hold elective office under the mayor -council plan unless the person is a registered voter of the city at the time of filing his declaration of candidacy and has been a resident of the city for a period of at least one year next preceding his election. Residence and voting within the limits of any territory which has been included in, annexed to, or consolidated with such city is construed to have been residence within the city. . . . We affirm the decision of the Chelan County Superior Court which annulled and set aside the election of Appellant Gary L. Schoessler as mayor of the City of Wenatchee." IN THE MATTER OF THE CONTESTED ELECTION OF GARY L. SCHOESSLER, APPELLANT , No. 69048-1 (Wash. 04/20/2000). And;

RCW 29.15.010. Declaration and affidavit of candidacy. requires the applicant to swear under oath that he or she is a registered voter within the jurisdiction of the office for which he or she is filing, and the address at which he or she is registered as part of the information required. And;

RCW 29.15.025. Qualifications for filing, appearance on ballot, (Effective January 1, 1995). requires the person seeking an office to be qualified for that office at the time of filing and also require that the candidate be "properly registered to vote in the geographical area represented by the office." And;

A Writ of Quo Warranto would lie against Christine Gregoire’s alleged Certification of winning the Election to Governor of this State by receiving 129 ILLEGAL VOTES of homeless people who committed PERJURY & FALSE CERTIFICATION of legal documents stating that they were RESIDENTS & INHABITED Government Buildings where NOBODY RESIDES and therefore she has not legally "qualified" on the authority of Pearson v. Lee , 173 GA. 464, 160 S.E. 369 (1931) a case closely in point:

"This case is controlled by the ruling of this court in Lee v. Byrd, supra, in which it was held that Lee, the present defend in error, not being a qualified voter at the time prescribed by law for the election of ordinary of Bacon County to fill the present term, was not eligible to occupy that office. It follows that although Lee, who was a candidate, received more votes than another candidate who was eligible, his opponent was elected for the present term; the election not being shown to be illegal or defective in any respect. The election of a candidate who was eligible cannot be defeated by the mere fact the other voters uselessly cast their ballots for one who was ineligible to fill the office. To hold otherwise would be to subject the county to the trouble and expense of holding another election merely because only one candidate offered who was eligible to discharge the duties of his office."

In Pearson Byrd was the incumbent, but Lee successfully challenged at the polls and was declared elected, and assumed the office. Byrd successfully ousted Lee via a quo warranto action which was appealed by Lee and reported as Lee v. Byrd , 169 Ga. 622, 151 S.E. 28 (1929). Then in Pearson v. Lee , supra, Lee brought mandamus to compel another election contending that Byrd was not reelected, but merely filling a vacancy in the office, and that the vacancy should be filled by another election. The Supreme Court of Georgia held there was no vacancy to be filled, and that Byrd had been reelected even though more "xs" were placed after Lee’s name on the ballots.

THE FOLLOWING STATUTES MAKE IT CLEAR, THAT A REGISTERED VOTER MUST BE ABLE TO PROVIDE PROOF OF "RESIDENCY" IN ORDER TO QUALIFY AS AN ELECTOR OR VOTER IN THIS STATE!

RCW 29.04.010 Registration required for voting__Exception. (Effective until July 1, 2004.)

Only a registered voter shall be permitted to vote:

(1) At any election held for the purpose of electing persons to public office;

(2) At any recall election of a public officer;

(3) At any election held for the submission of a measure to any voting constituency;

(4) At any primary election.

The provisions of this section shall not apply to township elections.

[1965 c 9 § 29.04.010. Prior: 1955 c 181 § 8; prior: (i) 1933 c 1 § 22, part; RRS § 5114_22, part. (ii) 1933 c 1 § 23; RRS § 5114_23. See also 1935 c 26 § 3; RRS § 5189.]

Notes:

Out_of_state, overseas, service voters, same ballots as registered voters: RCW 29.36.210.

Subversive activities, disqualification from voting: RCW 9.81.040.

RCW 29.07.005 Definition. (Effective until July 1, 2004.)

"Information required for voter registration" means the minimum information provided on a voter registration application that is required by the county auditor in order to place a voter registration applicant on the voter registration rolls. This information includes the applicant's name, complete residence address , date of birth, and a signature attesting to the truth of the information provided on the application. All other information supplied is ancillary and not to be used as grounds for not registering an applicant to vote.

[1994 c 57 § 9.]

Notes:

Severability__1994 c 57: See note following RCW 10.64.021.

RCW 29.07.070 Voter qualification information__Verification notice. (Effective until July 1, 2004.)

Except as provided under RCW 29.07.260, an applicant for voter registration shall complete an application providing the following information concerning his or her qualifications as a voter in this state:

(1) The address of the last former registration of the applicant as a voter in the state;

(2) The applicant's full name;

(3) The applicant's date of birth;

(4) The address of the applicant's residence for voting purposes;

(5) The mailing address of the applicant if that address is not the same as the address in subsection (4) of this section;

(6) The sex of the applicant;

(7) A declaration that the applicant is a citizen of the United States; and

(8) Any other information that the secretary of state determines is necessary to establish the identity of the applicant and prevent duplicate or fraudulent voter registrations.

This information shall be recorded on a single registration form to be prescribed by the secretary of state.

If the applicant fails to provide the information required for voter registration, the auditor shall send the applicant a verification notice. The auditor shall not register the applicant until the required information is provided. If a verification notice is returned as undeliverable or the applicant fails to respond to the notice within forty_five days, the auditor shall not register the applicant to vote.

The following warning shall appear in a conspicuous place on the voter registration form:

"If you knowingly provide false information on this voter registration form or knowingly make a false declaration about your qualifications for voter registration you will have committed a class C felony that is punishable by imprisonment for up to five years, or by a fine of up to ten thousand dollars, or both imprisonment and fine."

[1994 c 57 § 11; 1990 c 143 § 7; 1973 1st ex.s. c 21 § 3; 1971 ex.s. c 202 § 9; 1965 c 9 § 29.07.070. Prior: 1947 c 68 § 3, part; 1933 c 1 § 11, part; Rem. Supp. 1947 § 5114_11, part; prior: 1921 c 177 § 7, part; 1915 c 16 § 8, part; 1901 c 135 § 4, part; 1893 c 45 § 3, part; 1889 p 416 § 8, part; RRS § 5126, part.]

Notes:

Severability__Effective date__1994 c 57: See notes following RCW 10.64.021.

Effective date__1990 c 143 §§ 1_8: See note following RCW 29.07.260.

Civil disabilities of wife abolished: RCW 26.16.160.

Civil rights

loss of: State Constitution Art. 6 § 3, RCW 29.10.097.

restoration of: RCW 9.92.066, 9.94A.637, 9.94A.885, 9.95.260, chapter 9.96 RCW.

Copy of instrument restoring civil rights as evidence: RCW 5.44.090.

Qualifications of electors: State Constitution Art. 6 § 1 (Amendment 5).

Residence defined: RCW 29.01.140.

Subversive activities as disqualification for voting: RCW 9.81.040.

United States constitutional amendment conventions, delegates, qualifications of voters: RCW 29.74.090.



RCW 29.07.080 Oath of applicant. (Effective until July 1, 2004.)

For voter registrations executed under RCW 29.07.070, the registrant shall sign the following oath:

"I declare that the facts on this voter registration form are true. I am a citizen of the United States, I am not presently denied my civil rights as a result of being convicted of a felony, I will have lived in Washington at this address for thirty days immediately before the next election at which I vote, and I will be at least eighteen years old when I vote ."

[1994 c 57 § 12; 1990 c 143 § 8; 1973 1st ex.s. c 21 § 4; 1971 ex.s. c 202 § 10; 1965 c 9 § 29.07.080. Prior: 1933 c 1 § 12; RRS § 5114_12.]

Notes:

Severability__Effective date__1994 c 57: See notes following RCW 10.64.021.

Effective date__1990 c 143 §§ 1_8: See note following RCW 29.07.260.

Civil rights

loss of: State Constitution Art. 6 § 3, RCW 29.10.097.

restoration of: RCW 9.92.066, 9.94A.637, 9.94A.885, 9.95.260, chapter 9.96 RCW.

RCW 29.07.160 Closing registration files__Notice. (Effective until July 1, 2004.)

The registration files of all precincts shall be closed against original registration or transfers for thirty days immediately preceding every primary, special election, and general election to be held in such precincts.

The county auditor shall give notice of the closing of the precinct files for original registration and transfer and notice of the special registration and voting procedure provided by RCW 29.07.152 by one publication in a newspaper of general circulation in the county at least five days before the closing of the precinct files.

No person may vote at any primary, special election, or general election in a precinct polling place unless he or she has registered to vote at least thirty days before that primary or election. If a person, otherwise qualified to vote in the state, county, and precinct in which he or she applies for registration, does not register at least thirty days before any primary, special election, or general election, he or she may register and vote by absentee ballot for that primary or election under RCW 29.07.152.

[1993 c 383 § 2; 1980 c 3 § 4; 1974 ex.s. c 127 § 4; 1971 ex.s. c 202 § 20; 1965 c 9 § 29.07.160. Prior: 1947 c 68 § 2; 1933 c 1 § 9; Rem. Supp. 1947 § 5114_9.]



RCW 29.07.260 Registration with driver's license application or renewal. (Effective until July 1, 2004.)

(1) A person may register to vote, transfer a voter registration, or change his or her name for voter registration purposes when he or she applies for or renews a driver's license or identification card under chapter 46.20 RCW.

(2) To register to vote, transfer his or her voter registration, or change his or her name for voter registration purposes under this section, the applicant shall provide the following:

(a) His or her full name;

(b) Whether the address in the driver's license file is the same as his or her residence for voting purposes ;

(c) The address of the residence for voting purposes if it is different from the address in the driver's license file ;

(d) His or her mailing address if it is not the same as the address in (c) of this subsection;

(e) Additional information on the geographic location of that voting residence if it is only identified by route or box;

(f) The last address at which he or she was registered to vote in this state;

(g) A declaration that he or she is a citizen of the United States; and

(h) Any other information, other than an applicant's social security number, that the secretary of state determines is necessary to establish the identity of the applicant and to prevent duplicate or fraudulent voter registrations.

(3) The following warning shall appear in a conspicuous place on the voter registration form:

"If you knowingly provide false information on this voter registration form or knowingly make a false declaration about your qualifications for voter registration you will have committed a class C felony that is punishable by imprisonment for up to five years, or by a fine of up to ten thousand dollars, or both imprisonment and fine."

(4) The applicant shall sign a portion of the form that can be used as an initiative signature card for the verification of petition signatures by the secretary of state and shall sign and attest to the following oath:

"I declare that the facts on this voter registration form are true. I am a citizen of the United States, I am not presently denied my civil rights as a result of being convicted of a felony, I will have lived in Washington at this address for thirty days before the next election at which I vote, and I will be at least eighteen years old when I vote."

(5) The driver licensing agent shall record that the applicant has requested to register to vote or transfer a voter registration.

[2001 c 41 § 16; 1999 c 298 § 6; 1994 c 57 § 21; 1990 c 143 § 1.]

Notes:

Severability__Effective date__1994 c 57: See notes following RCW 10.64.021.

Effective date__1990 c 143 §§ 1_8: "Sections 1 through 8 of this act shall take effect January 1, 1992." [1990 c 143 § 13.]

Civil rights

loss of: State Constitution Art. 6 § 3, RCW 29.10.097.

restoration of: RCW 9.92.066, 9.94A.637, 9.94A.885, 9.95.260, chapter 9.96 RCW.

Driver licensing agents duties regarding voter registration: RCW 46.20.155.



RCW 29.08.050 Declaration and warning. (Effective until July 1, 2004.)

In addition to the information required under RCW 29.07.070, when registering to vote by mail under this chapter, the applicant shall sign a portion of the form that can be used as an initiative signature card for the verification of petition signatures by the secretary of state and shall sign and attest to the following oath: "I declare that the facts on this voter registration form are true. I am a citizen of the United States, I am not presently denied my civil rights as a result of being convicted of a felony, I will have lived in Washington at this address for thirty days immediately before the next election at which I vote, and I will be at least eighteen years old when I vote."

The voter registration by mail form shall provide, in a conspicuous place, the following warning: "If you knowingly provide false information on this voter registration form or knowingly make a false declaration about your qualifications for voter registration you will have committed a class C felony that is punishable by imprisonment for up to five years, or by a fine of up to ten thousand dollars, or both imprisonment and fine."

[1994 c 57 § 31; 1993 c 434 § 5.]

Notes:

Severability__Effective date__1994 c 57: See notes following RCW 10.64.021.

Civil rights

loss of: State Constitution Art. 6 § 3, RCW 29.10.097.

restoration of: RCW 9.92.066, 9.94A.637, 9.94A.885, 9.95.260, chapter 9.96 RCW.



IT IS CLEAR THAT ANY PERSON WHO HAS LISTED A GOVERNMENT BUILDING WHERE NOBODY RESIDES OR INHABITS AS THEIR RESIDENT ADDRESS IS GUILTY OF A CLASS C FELONY AND THE COURT’S OF THIS STATE HAVE A DUTY TO VOID AND CANCEL ALL VOTER BALLOTS THAT LISTED A GOVERNMENT BUILDING AS THEIR RESIDENT ADDRESS. WHY ISN’T ANYONE FILING CRIMINAL CHARGES AGAINST THESE INDIVIDUALS FOR PERJURY OR FALSIFICATION OF THEIR VOTER REGISTRATION CARDS OR BALLOTS AND WHY ISN’T ANYONE FILING CRIMINAL COMPLAINTS AGAINST THE INDIVIDUAL KING COUNTY ELECTION WORKERS RESPONSIBLE FOR VERIFYING THESE INDIVIDUALS ELIGIBILITY TO VOTE AS IS THEIR DUTY UNDER THE ELECTION STATUTES???

RCW 29.08.060 Auditor's procedure. (Effective until July 1, 2004.)

(1) On receipt of an application for voter registration under this chapter, the county auditor shall review the application to determine whether the information supplied is complete. An application that contains the applicant's name, complete valid residence address, date of birth, and signature attesting to the truth of the information provided on the application is complete. If it is not complete, the auditor shall promptly mail a verification notice of the deficiency to the applicant. This verification notice shall require the applicant to provide the missing information. If the verification notice is not returned by the applicant or is returned as undeliverable the auditor shall not place the name of the applicant on the county voter list. If the applicant provides the required information, the applicant shall be registered to vote as of the date of mailing of the original voter registration application.

(2) If the information is complete, the applicant is considered to be registered to vote as of the date of mailing. The auditor shall record the appropriate precinct identification, taxing district identification, and date of registration on the voter's record. Within forty_five days after the receipt of an application but no later than seven days before the next primary, special election, or general election, the auditor shall send to the applicant, by first class mail, an acknowledgement notice identifying the registrant's precinct and containing such other information as may be required by the secretary of state. The postal service shall be instructed not to forward a voter registration card to any other address and to return to the auditor any card which is not deliverable. If the applicant has indicated that he or she is registered to vote in another county in Washington but has also provided an address within the auditor's county that is for voter registration purposes, the auditor shall send, on behalf of the registrant, a registration cancellation notice to the auditor of that other county and the auditor receiving the notice shall cancel the registrant's voter registration in that other county. If the registrant has indicated on the form that he or she is registered to vote within the county but has provided a new address within the county that is for voter registration purposes, the auditor shall transfer the voter's registration.

(3) If an acknowledgement notice card is properly mailed as required by this section to the address listed by the voter as being the voter's mailing address and the notice is subsequently returned to the auditor by the postal service as being undeliverable to the voter at that address, the auditor shall promptly send the voter a confirmation notice. The auditor shall place the voter's registration on inactive status pending a response from the voter to the confirmation notice.

[1994 c 57 § 32; 1993 c 434 § 6.]

Notes:

Severability__Effective date__1994 c 57: See notes following RCW 10.64.021.



WHY ISN’T ANYONE FILING CRIMINAL COMPLAINTS AGAINST THE KING COUNTY AUDITOR AND AGAINST THE INDIVIDUAL KING COUNTY ELECTION WORKERS RESPONSIBLE FOR VERIFYING THESE INDIVIDUALS ELIGIBILITY TO VOTE AS IS THEIR DUTY UNDER THE ELECTION STATUTES???



RCW 29.10.071 Assignment of voter to inactive status__Confirmation notice. (Effective until July 1, 2004.)

(1) A county auditor shall assign a registered voter to inactive status and shall send the voter a confirmation notice if any of the following documents are returned by the postal service as undeliverable:

(a) An acknowledgement of registration;

(b) An acknowledgement of transfer to a new address;

(c) A vote_by_mail ballot, absentee ballot, or application for a ballot;

(d) Notification to a voter after precinct reassignment;

(e) Notification to serve on jury duty; or

(f) Any other document other than a confirmation notice, required by statute, to be mailed by the county auditor to the voter.

(2) A county auditor shall also assign a registered voter to inactive status and shall send the voter a confirmation notice:

(a) Whenever change of address information received from the department of licensing under RCW 29.07.270, or by any other agency designated to provide voter registration services under RCW 29.07.420, indicates that the voter has moved to an address outside the county; or

(b) If the auditor receives postal change of address information under RCW 29.10.180, indicating that the voter has moved out of the county.

[1994 c 57 § 38.]

Notes:

Severability__Effective date__1994 c 57: See notes following RCW 10.64.021.



WHY ISN’T ANYONE FILING CRIMINAL COMPLAINTS AGAINST THE KING COUNTY AUDITOR AND AGAINST THE INDIVIDUAL KING COUNTY ELECTION WORKERS RESPONSIBLE FOR VERIFYING THESE INDIVIDUALS ELIGIBILITY TO VOTE AS IS THEIR DUTY UNDER THE ELECTION STATUTES???



RCW 29.10.075 Return of inactive voter to active status__Cancellation of registration. (Effective until July 1, 2004.)

The county auditor shall return an inactive voter to active voter status if, during the period beginning on the date the voter was assigned to inactive status and ending on the day of the second general election for federal office that occurs after the date that the voter was sent a confirmation notice, the voter: Notifies the auditor of a change of address within the county; responds to a confirmation notice with information that the voter continues to reside at the registration address; votes or attempts to vote in a primary or a special or general election and resides within the county; or signs any petition authorized by statute for which the signatures are required by law to be verified by the county auditor. If the inactive voter fails to provide such a notice or take such an action within that period, the auditor shall cancel the person's voter registration.

[1994 c 57 § 39.]

Notes:

Severability__Effective date__1994 c 57: See notes following RCW 10.64.021.



RCW 29.51.060 Signature required to vote__Procedure if voter unable to sign name. (Effective until July 1, 2004.)

If any person appears to vote at any primary or election as a registered voter in the jurisdiction where the primary or election is being held, the precinct election officers shall require the voter to sign his or her name and current address subject to penalties of perjury in one of the precinct lists of registered voters. If the person registered using a mark or can no longer sign his or her name, the election officers shall require the person offering to vote to be identified by another registered voter.

As soon as it is determined that the person is qualified to vote, one of the precinct election officers shall enter the voter's name in a second poll book.

[1990 c 59 § 41; 1971 ex.s. c 202 § 41; 1967 ex.s. c 109 § 9; 1965 ex.s. c 156 § 5; 1965 c 9 § 29.51.060. Prior: 1933 c 1 § 24; RRS § 5114_24.]

Notes:

Intent__Effective date__1990 c 59: See notes following RCW 29.01.006.

Forms, secretary of state to design__Availability to public: RCW 29.10.150.

Poll books__As public records__Copies furnished, uses restricted: RCW 29.04.100.



RCW 29.85.210 Repeaters. (Effective until July 1, 2004.)

Any person who votes or attempts to vote more than once at any primary or general or special election is guilty of a gross misdemeanor, punishable to the same extent as a gross misdemeanor that is punishable under RCW 9A.20.021.

[1991 c 81 § 13; 1965 c 9 § 29.85.210. Prior: 1911 c 89 § 1, part; Code 1881 § 903; 1873 p 204 § 102; 1865 p 51 § 5; 1854 p 93 § 93; RRS § 5383.]

Notes:

Effective date__1991 c 81: See note following RCW 29.85.010.



RCW 29.85.220 Repeaters__Unqualified persons__Officers conniving with. (Effective until July 1, 2004.)

Any precinct election officer who knowingly permits any voter to cast a second vote at any primary or general or special election, or knowingly permits any person not a qualified voter to vote at any primary or general or special election, is guilty of a class C felony punishable under RCW 9A.20.021.

[1991 c 81 § 14; 1965 c 9 § 29.85.220. Prior: 1911 c 89 § 1, part; Code 1881 § 911; 1873 p 205 § 108; RRS § 5385.]

Notes:

Effective date__1991 c 81: See note following RCW 29.85.010.



RCW 29.85.249 Unqualified registration. (Effective until July 1, 2004.)

A person who knows that he or she does not possess the legal qualifications of a voter and who registers to vote is guilty of a misdemeanor punishable under RCW 9A.20.021.

[2001 c 41 § 13.]



RCW 29.85.240 Unqualified persons voting. (Effective until July 1, 2004.)

Any person who knows that he or she does not possess the legal qualifications of a voter and who votes at any primary or special or general election authorized by law to be held in this state for any office whatever shall be guilty of a class C felony punishable under RCW 9A.20.021.

[1991 c 81 § 17; 1965 c 9 § 29.85.240. Prior: 1911 c 89 § 1, part; Code 1881 § 905; 1873 p 204 § 104; 1865 p 51 § 4; 1854 p 93 § 95; RRS § 5384.]

Notes:

Effective date__1991 c 81: See note following RCW 29.85.010.



RCW 29.10.130 Challenge__Affidavit__Administration, notice of challenge. (Effective until July 1, 2004.)

(1) Any registered voter may request that the registration of another voter be canceled if he or she believes that the voter does not meet the requirements of Article VI, section 1 of the state Constitution or that voter no longer maintains a legal voting residence at the address shown on his or her registration record. The challenger shall file with the county auditor a signed affidavit subject to the penalties of perjury, to the effect that to his or her personal knowledge and belief another registered voter does not actually reside at the address as given on his or her registration record or is otherwise not a qualified voter and that the voter in question is not protected by the provisions of Article VI, section 4, of the Constitution of the state of Washington. The person filing the challenge must furnish the address at which the challenged voter actually resides.

(2) Any such challenge of a voter's registration and right to vote made less than thirty days before a primary or election, special or general, shall be administered under RCW 29.10.127. The county auditor shall notify the challenged voter and the precinct election officers in the voter's precinct that a challenge has been filed, provide the name of the challenger, and instruct both the precinct election officers and the voter that, in the event the challenged voter desires to vote at the ensuing primary or election, a challenged ballot will be provided. The voter shall also be informed that the status of his or her registration and the disposition of any challenged ballot will be determined by the county canvassing board in the manner provided by RCW 29.10.127. If the challenged voter does not vote at the ensuing primary or election, the challenge shall be processed in the same manner as challenges made more than thirty days prior to the primary or election under RCW 29.10.140.

[1987 c 288 § 3; 1983 1st ex.s. c 30 § 4; 1967 c 225 § 2; 1965 ex.s. c 156 § 2.]



RCW 29.36.350 Challenges. (Effective until July 1, 2004.)

The qualifications of any absentee voter may be challenged at the time the signature on the return envelope is verified and the ballot is processed by the canvassing board. The board has the authority to determine the legality of any absentee ballot challenged under this section. Challenged ballots must be handled in accordance with chapter 29.10 RCW.

[2001 c 241 § 13; 1987 c 346 § 18; 1965 c 9 § 29.36.100. Prior: 1917 c 159 § 5; 1915 c 189 § 5; RRS § 5286. Formerly RCW 29.36.100.]

Notes:

Legislative intent__Effective date__1987 c 346: See notes following RCW 29.36.210.



RCW 29.65.010 Commencement by registered voter__Causes for. (Effective until July 1, 2004.)

Any registered voter may contest the right of any person declared elected to an office to be issued a certificate of election for any of the following causes:

(1) For misconduct on the part of any member of any precinct election board involved therein;

(2) Because the person whose right is being contested was not at the time he was declared elected eligible to that office;

(3) Because the person whose right is being contested was previous to the election convicted of a felony by a court of competent jurisdiction, his conviction not having been reversed nor his civil rights restored after the conviction;

(4) Because the person whose right is being contested gave a bribe or reward to a voter or to an inspector or judge of election for the purpose of procuring his election, or offered to do so;

(5) On account of illegal votes.

(a) Illegal votes include but are not limited to the following:

(i) More than one vote cast by a single voter;

(ii) A vote cast by a person disqualified under Article VI, section 3 of the state Constitution.

(b) Illegal votes do not include votes cast by improperly registered voters who were not properly challenged pursuant to RCW 29.10.125 and 29.10.127.

All election contests shall proceed under RCW 29.04.030.

[1983 1st ex.s. c 30 § 6; 1977 ex.s. c 361 § 101; 1965 c 9 § 29.65.010. Prior: 1959 c 329 § 26; prior: (i) Code 1881 § 3105; 1865 p 42 § 1; RRS § 5366. (ii) Code 1881 § 3109; 1865 p 43 § 5; RRS § 5370.]

Notes:

Effective date__Severability__1977 ex.s. c 361: See notes following RCW 29.01.006.

Civil rights

loss of: State Constitution Art. 6 § 3, RCW 29.10.097.

restoration of: RCW 9.92.066, 9.94A.637, 9.94A.885, 9.95.260, chapter 9.96 RCW.



RCW 29.51.125 Determination of who has and who has not voted. (Effective until July 1, 2004.)

At any election, general or special, or at any primary, any political party or committee may designate a person other than a precinct election officer, for each polling place to check a list of registered voters of the precinct to determine who has and who has not voted: PROVIDED, That such lists shall be furnished by the party or committee concerned.

[1977 ex.s. c 361 § 83; 1965 c 9 § 29.51.125. Prior: 1963 ex.s. c 24 § 1.]

Notes:

Effective date__Severability__1977 ex.s. c 361: See notes following RCW 29.01.006.

"Major political party" defined: RCW 29.01.090.

Poll books__As public records__Copies to representatives of major political parties: RCW 29.04.100.



RCW 29.64.035 Partial recount requiring complete recount. (Effective until July 1, 2004.)

When a partial recount of votes cast for an office or issue changes the result of the election, the canvassing board or the secretary of state, if the office or issue is being recounted at his or her direction, shall order a complete recount of all ballots cast for the office or issue for the jurisdiction in question.

This recount will be conducted in a manner consistent with RCW 29.64.015.

[2001 c 225 § 7.]



RCW 29.64.051 Limitation on recounts. (Effective until July 1, 2004.)

After the original count, canvass, and certification of results, the votes cast in any single precinct may not be recounted and the results recertified more than twice.

[2001 c 225 § 9; 1991 c 90 § 3.]

Notes:

Finding, purpose__1991 c 90: See note following RCW 29.64.015.



RCW 29.65.060 Misconduct of board__Irregularity must be material to result. (Effective until July 1, 2004.)

No irregularity or improper conduct in the proceedings of any election board or any member thereof shall amount to such malconduct as to annul or set aside any election unless the irregularity or improper conduct was such as to procure the person whose right to the office may be contested, to be declared duly elected although he did not receive the highest number of legal votes.

[1965 c 9 § 29.65.060. Prior: Code 1881 § 3106; 1865 p 43 § 2; RRS § 5367.]



RCW 29.65.070 Misconduct of board__Number of votes affected__Enough to change result. (Effective until July 1, 2004.)

When any election for an office exercised in and for a county is contested on account of any malconduct on the part of any election board, or any member thereof, the election shall not be annulled and set aside upon any proof thereof, unless the rejection of the vote of such precinct or precincts will change the result as to such office in the remaining vote of the county.

[1965 c 9 § 29.65.070. Prior: Code 1881 § 3107; 1865 p 43 § 3; RRS § 5368.]





RCW 29.65.080 Illegal votes__Allegation of in statement of contest. (Effective until July 1, 2004.)

When the reception of illegal votes is alleged as a cause of contest, it shall be sufficient to state generally that illegal votes were cast, which, if given to the person whose election is contested in the specified precinct or precincts, will, if taken from him, reduce the number of his legal votes below the number of legal votes given to some other person for the same office.

[1965 c 9 § 29.65.080. Prior: Code 1881 § 3111, part; 1865 p 44 § 7, part; RRS § 5372, part.]



RCW 29.65.090 Illegal votes__List required for testimony. (Effective until July 1, 2004.)

No testimony shall be received as to any illegal votes unless the party contesting the election delivers to the opposite party, at least three days before trial, a written list of the number of illegal votes and by whom given, which he intends to prove on such trial. No testimony shall be received as to any illegal votes, except as to such as are specified in the list.

[1965 c 9 § 29.65.090. Prior: Code 1881 § 3111, part; 1865 p 44 § 7, part; RRS § 5372, part.]



RCW 29.65.100 Illegal votes__Number of votes affected__Enough to change result. (Effective until July 1, 2004.)

No election shall be set aside on account of illegal votes, unless it appears that an amount of illegal votes has been given to the person whose right is being contested, which, if taken from him, would reduce the number of his legal votes below the number of votes given to some other person for the same office, after deducting therefrom the illegal votes which may be shown to have been given to such other person.

[1965 c 9 § 29.65.100. Prior: Code 1881 § 3108; 1865 p 43 § 4; RRS § 5369.]



RCW 29.65.120 Nullification of election certificate__When effective. (Effective until July 1, 2004.)

If an election is set aside by the judgment of the superior court and if no appeal is taken therefrom within ten days, the certificate issued shall be thereby rendered void.

[1965 c 9 § 29.65.120. Prior: Code 1881 § 3123, part; 1865 p 46 § 19, part; RRS § 5382, part.]



RCW 29.36.370 Penalty. (Effective until July 1, 2004.)

A person who willfully violates any provision of this chapter regarding the assertion or declaration of qualifications to receive or cast an absentee ballot or unlawfully casts a vote by absentee ballot is guilty of a class C felony punishable under RCW 9A.20.021. Except as provided in chapter 29.85 RCW a person who willfully violates any other provision of this chapter is guilty of a misdemeanor.

[2001 c 241 § 14; 1994 c 269 § 2; 1991 c 81 § 34; 1987 c 346 § 20; 1983 1st ex.s. c 71 § 9. Formerly RCW 29.36.160.]

Notes:

Effective date__1991 c 81: See note following RCW 29.85.010.

Legislative intent__Effective date__1987 c 346: See notes following RCW 29.36.210.



RCW 29.82.120 Fraudulent names__Record of. (Effective until July 1, 2004.)

The officer making the canvass of a recall petition shall keep a record of all names appearing thereon which are not certified to be legal voters of the state or of the political subdivision, as the case may be, and of all names appearing more than once thereon, and he shall report the same to the prosecuting attorneys of the respective counties where such names appear to have been signed, to the end that prosecutions may be had for such violation of this chapter.

[1965 c 9 § 29.82.120. Prior: 1913 c 146 § 10; RRS § 5359.]

RCW 29.36.360 Rules for accuracy, secrecy, and uniformity__Out_of_state, overseas, service voters. (Effective until July 1, 2004.)

The secretary of state shall adopt rules to:

(1) Establish standards and procedures to prevent fraud and to facilitate the accurate processing and canvassing of absentee ballots and mail ballots;

(2) Establish standards and procedures to guarantee the secrecy of absentee ballots and mail ballots;

(3) Provide uniformity among the counties of the state in the conduct of absentee voting and mail ballot elections; and

(4) Facilitate the operation of the provisions of this chapter regarding out_of_state voters, overseas voters, and service voters.

The secretary of state shall produce and furnish envelopes and instructions for out_of_state voters, overseas voters, and service voters to the county auditors.

[1993 c 417 § 7; 1987 c 346 § 19; 1983 1st ex.s. c 71 § 8. Formerly RCW 29.36.150.]

Notes:

Legislative intent__Effective date__1987 c 346: See notes following RCW 29.36.210.



RCW 29.04.001 State policy. (Effective until July 1, 2004.)

It is the policy of the state of Washington to encourage every eligible person to register to vote and to participate fully in all elections, and to protect the integrity of the electoral process by providing equal access to the process while guarding against discrimination and fraud. The election registration laws and the voting laws of the state of Washington, and the requirements of chapter 41, Laws of 2001, must be administered without discrimination based upon race, creed, color, national origin, sex, or political affiliation.

[2001 c 41 § 1.]



RCW 29.04.030 Prevention and correction of election frauds and errors. (Effective until July 1, 2004.)

Any justice of the supreme court, judge of the court of appeals, or judge of the superior court in the proper county shall, by order, require any person charged with error, wrongful act, or neglect to forthwith correct the error, desist from the wrongful act, or perform the duty and to do as the court orders or to show cause forthwith why the error should not be corrected, the wrongful act desisted from, or the duty or order not performed, whenever it is made to appear to such justice or judge by affidavit of an elector that:

(1) An error or omission has occurred or is about to occur in printing the name of any candidate on official ballots; or

(2) An error other than as provided in subsections (1) and (3) of this section has been committed or is about to be committed in printing the ballots; or

(3) The name of any person has been or is about to be wrongfully placed upon the ballots; or

(4) A wrongful act other than as provided for in subsections (1) and (3) of this section has been performed or is about to be performed by any election officer; or

(5) Any neglect of duty on the part of an election officer other than as provided for in subsections (1) and (3) of this section has occurred or is about to occur; or

(6) An error or omission has occurred or is about to occur in the issuance of a certificate of election.

An affidavit of an elector under subsections (1) and (3) above when relating to a primary election must be filed with the appropriate court no later than the second Friday following the closing of the filing period for nominations for such office and shall be heard and finally disposed of by the court not later than five days after the filing thereof. An affidavit of an elector under subsections (1) and (3) of this section when relating to a general election must be filed with the appropriate court no later than three days following the official certification of the primary election returns and shall be heard and finally disposed of by the court not later than five days after the filing thereof. An affidavit of an elector under subsection (6) of this section shall be filed with the appropriate court no later than ten days following the issuance of a certificate of election.

[1977 ex.s. c 361 § 3; 1973 1st ex.s. c 165 § 1; 1971 c 81 § 74; 1965 c 9 § 29.04.030. Prior: (i) 1907 c 209 § 25, part; RRS § 5202, part. (ii) 1889 p 407 § 19; RRS § 5276.]

Notes:

Effective date__Severability__1977 ex.s. c 361: See notes following RCW 29.01.006.

Certiorari, mandamus, and prohibition: Chapter 7.16 RCW.

Contests: Chapter 29.65 RCW.

Crimes and penalties: Chapter 29.85 RCW.



RCW 36.28.011 Duty to make complaint.

In addition to the duties contained in RCW 36.28.010, it shall be the duty of all sheriffs to make complaint of all violations of the criminal law, which shall come to their knowledge, within their respective jurisdictions.

[1963 c 4 § 36.28.011. Prior: 1955 c 10 § 1. Cf. Code 1881 § 2801, part; 1869 p 264 § 311, part; RRS § 4173, part.]



The above statute makes it clear that if you present evidence of any crimes being committed by Election Workers allowing homeless people or transients who cannot prove they are citizens or residents of Washington State to commit perjury and falsification of voter registration cards by listing Government Buildings in which NOBODY RESIDES OR INHABITS as their RESIDENT ADDRESS to the County Sheriff, that he is required to make a complaint to the County Prosecutor.

RCW 29.85.245 Action against voting, registration irregularities. (Effective until July 1, 2004.)

(1) A county auditor who suspects a person of fraudulent voter registration, vote tampering, or irregularities in voting shall transmit his or her suspicions and observations without delay to the canvassing board.

(2) The county auditor shall make a good faith effort to contact the person in question without delay. If the county auditor is unable to contact the person, or if, after contacting the person, the auditor still suspects fraudulent voter registration, vote tampering, or irregularities in voting, the auditor shall refer the issue to the county prosecuting attorney to determine if further action is warranted.

(3) When a complaint providing information concerning fraudulent voter registration, vote tampering, or irregularities in voting are [is] presented to the office of the prosecuting attorney, that office shall file charges in all cases where warranted.

[2001 c 41 § 12.]



The above statute makes it clear that if anyone brings forward evidence of Election Officials remarking or tampering with ballots by using BLACK MARKER PENS or any other type of marker pens that add, alter, mutilate or deface voter ballots to the prosecutor, that his office is required to file charges in all cases where warranted against the individual election workers who did so without statutory authority so to do!

The above statute makes it clear that if anyone brings forward evidence of Election Officials allowing homeless people or transients to register Government Buildings in which NOBODY RESIDES OR INHABITS as their RESIDENT ADDRESS to the office of the prosecuting attorney, that office shall file charges in all cases where warranted, and the Court’s of this State have a DUTY to completely VOID or CANCEL ALL OF THESE ILLEGAL VOTES!

The above statute makes it clear that if anyone brings forward evidence that any person committed perjury and falsification of voter registration cards by listing Government Buildings in which NOBODY RESIDES OR INHABITS as their RESIDENT ADDRESS to the office of the prosecuting attorney, that office shall file charges in all cases against each individual who did so and the Court’s of this State have a DUTY to completely VOID or CANCEL this person’s ILLEGAL VOTE!

All "criminal actions" actions in which the State or County is a party are to be prosecuted by the prosecuting attorney, RCW 36.27.005, RCW 36.27.020(3)(4) and Wash. Const. art. 11, sec. 5 or by deputies appointed by him. RCW 36.27.040. His office is specifically named in art. 3, sec. 1 Wash. Const. The legislature, which is charged with the responsibility of providing for the office of prosecuting attorney, Constitution of The State of Washington, article 11, section 5, has set his qualifications to be that he must be a qualified elector of the county and "admitted as an attorney and counselor of the courts of this state." RCW 36.27.010, RCW 35A.12.030, RCW 42.04.020. His deputies are required by statute to have the same qualifications, RCW 36.27.040.

THE ABOVE STATUTE MAKES IT CRYSTAL CLEAR THAT THE PROSECUTOR IS REQUIRED TO FILE CHARGES IN ALL CASES WHERE WARRANTED WHEN A COMPLAINT PROVIDING INFORMATION CONCERNING FRAUDULENT VOTER REGISTRATION, VOTE TAMPERING, OR IRREGULARITIES ARE [IS] PRESENTED TO HIS OFFICE!

RCW 10.27.030 Summoning grand jury.

No grand jury shall be summoned to attend at the superior court of any county except upon an order signed by a majority of the judges thereof. A grand jury shall be summoned by the court, where the public interest so demands, whenever in its opinion there is sufficient evidence of criminal activity or corruption within the county or whenever so requested by a public attorney, corporation counsel or city attorney upon showing of good cause.

[1971 ex.s. c 67 § 3.]

THE ABOVE STATUTE MAKES IT CLEAR THAT A GRAND JURY SHALL BE SUMMONED BY THE COURT, WHERE THE PUBLIC INTEREST SO DEMANDS, WHENEVER IN ITS OPINION THERE IS SUFFICIENT EVIDENCE OF CRIMINAL ACTIVITY OR CORRUPTION WITHIN THE COUNTY OR WHENEVER SO REQUESTED BY A PUBLIC ATTORNEY.

WHY DOESN’T THE REPUBLICAN PARTY HAVE THEIR ATTORNEYS SUBMIT A WRITTEN REQUEST THAT THE SUPERIOR COURT CONVENE A GRAND JURY???

I THINK THE TV BROADCASTS OF ELECTION WORKERS DEFACING AND ALTERING AND TAMPERING WITH VOTER BALLOTS WITH BLACK MARKER PENS IS GOOD CAUSE IN THE PUBLIC INTEREST AS CONTEMPLATED BY THIS STATUTE!!!

It should be so easy to overturn the election just by bringing forward proof of the rampant voter registration fraud as reported on the television and filing the appropriate criminal complaints against the proper officials who were responsible.

It should be so easy to overturn the election just by bringing forward proof of the rampant forgery and tampering with evidence committed by Election Workers who altered, defaced and mutilated voter ballots with BLACK HIGHLIGHTER PENS or any other type of marker pen and filing the appropriate criminal complaints against the proper officials.

If anyone can bring forward any evidence of these types of crimes as stated on the television, this would be good cause for the Republican Party to have their attorney submit a written request to the Superior Court of King County to convene a Grand Jury to investigate the CORRUPT & ILLEGAL practices of King County Election Workers of tampering with evidence and forgery and falsification of voter ballot cards by altering, defacing and mutilating them with BLACK HIGHLIGHTER PENS and/or any other type of marker pen.



If the County Sheriff and County Prosecutor refuses to do their job, you can make a written complaint to Governor Locke under Washington State Constitution Article III, section 5 and request that he order the County Sheriff and County Prosecutor to investigate and charge and prosecute any Election Worker or Individual for perjury and falsification of voter registration cards by registering their RESIDENCE ADDRESS inside Government Buildings where NOBODY RESIDES OR INHABITS or to investigate and file charges and prosecute any individual Election Workers for forgery and tampering with evidence, who without Statutory Authority altered or defaced or mutilated Voter Ballots with BLACK HIGHLIGHTER PENS or any other type of marker pen.

"Section 5 GENERAL DUTIES OF GOVERNOR. The governor may require information in writing from the officers of the state upon any subject relating to the duties of their respective offices, and shall see that the laws are faithfully executed."



RCW 29.82.010 Initiating recall proceedings__Statement__Contents__Verification__Definitions. (Effective until July 1, 2004.)

Whenever any legal voter of the state or of any political subdivision thereof, either individually or on behalf of an organization, desires to demand the recall and discharge of any elective public officer of the state or of such political subdivision, as the case may be, under the provisions of sections 33 and 34 of Article 1 of the Constitution, he or they shall prepare a typewritten charge, reciting that such officer, naming him or her and giving the title of his office, has committed an act or acts of malfeasance, or an act or acts of misfeasance while in office, or has violated his oath of office, or has been guilty of any two or more of the acts specified in the Constitution as grounds for recall. The charge shall state the act or acts complained of in concise language, give a detailed description including the approximate date, location, and nature of each act complained of, be signed by the person or persons making the charge, give their respective post office addresses, and be verified under oath that he or they believe the charge or charges to be true and have knowledge of the alleged facts upon which the stated grounds for recall are based.

For the purposes of this chapter:

(1) "Misfeasance" or "malfeasance" in office means any wrongful conduct that affects, interrupts, or interferes with the performance of official duty;

(a) Additionally, "misfeasance" in office means the performance of a duty in an improper manner; and

(b) Additionally, "malfeasance" in office means the commission of an unlawful act;

(2) "Violation of the oath of office" means the wilful neglect or failure by an elective public officer to perform faithfully a duty imposed by law.

[1984 c 170 § 1; 1975_'76 2nd ex.s. c 47 § 1; 1965 c 9 § 29.82.010. Prior: 1913 c 146 § 1; RRS § 5350. Former part of section: 1913 c 146 § 2; RRS § 5351, now codified in RCW 29.82.015.]

Notes:

Severability__1975_'76 2nd ex.s. c 47: "If any provision of this amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1975_'76 2nd ex.s. c 47 § 3.]



RCW 29.85.170 Officers__Violations generally. (Effective until July 1, 2004.)

Every person charged with the performance of any duty under the provisions of any law of this state relating to elections, including primaries, or the provisions of any charter or ordinance of any city or town of this state relating to elections who willfully neglects or refuses to perform such duty, or who, in the performance of such duty, or in his or her official capacity, knowingly or fraudulently violates any of the provisions of law relating to such duty, is guilty of a class C felony punishable under RCW 9A.20.021 and shall forfeit his or her office.

[1991 c 81 § 10; 1965 c 9 § 29.85.170. Prior: (i) 1889 p 412 § 32; RRS § 5297. (ii) 1911 c 89 § 1, part; Code 1881 § 912; 1877 p 205 § 2; RRS § 5392.]

Notes:

Effective date__1991 c 81: See note following RCW 29.85.010.

Link Posted: 1/3/2005 11:18:40 AM EDT
Strat, You blow my mind!....

I will be printing a copy of this and reading it at work, more than likely a few copy's will find their way around.


Thanks for the research...


It looks like their is still a lot of work to do, but this does present lots of good questions...

Dont we have some elections in Feb?...Sure would be nice to get it all taken care of by then.

Link Posted: 1/3/2005 12:23:00 PM EDT
Can we break that down into several bullet points. I only get 30-60 seconds at a time to read in between work tasks.
Link Posted: 1/3/2005 2:36:45 PM EDT
did anyone else get all that if so just post basics so "us lazy or to busy ones" dont have go through all that. Make it as simple as possible for trolls like me.
Link Posted: 1/3/2005 3:34:17 PM EDT
Gentlemen it can NOT be made any simpler !

That Sam Reed secretary of state did KNOWINGLY commit PERJURY & FALSE CERTIFICATION of Election results that he had previous knowledge were REMARKED, ALTERED & DEFACED with BLACK MARKER pens without any Statutory Authority so to do !
This includes King county election officials.

this clearly shows officials engaged in criminal activity and the crimes they committed and the Washington laws that were violated and the sheriff by law must investigate and arrest the officials named.

Call your county DA and Sheriff and demand they investigate and arrest the criminals.



Link Posted: 1/10/2005 3:49:38 PM EDT
BTTT
Link Posted: 1/10/2005 7:07:57 PM EDT

Originally Posted By R-32:
hinkthat nothing short of a liberal dose of Lead, Copper,Brass, and dry powder is going to change anything. this was a set up all along...hr


Bad pun. Seriously. Knock off the puns. J/k

You do have a point though. Doesn't the 2nd Amendment begin where the 1st ends?
Link Posted: 1/10/2005 9:35:43 PM EDT
[Last Edit: 1/10/2005 9:37:01 PM EDT by Kaliburz]
Here..... if it doesn't pan out...... lets get bumper stickers that say this:

We lost Olympia, but we kept Washington, DC


or

We lost the Gov race, but we kept the Presidency
Link Posted: 1/10/2005 10:23:05 PM EDT
How about: LIVING IN OCCUPIED WASHINGTON
Link Posted: 1/10/2005 10:31:43 PM EDT
Welcome to the People's Socialist [Democratic] Banana Republic Paradise of Washington State Where the winners lose and the sore losers win.

Link Posted: 1/11/2005 5:48:54 PM EDT
So, what did the legislature vote today? (I'm not hoping for much, but how close was it...)
Link Posted: 1/11/2005 5:57:22 PM EDT

Originally Posted By Kaliburz:
So, what did the legislature vote today? (I'm not hoping for much, but how close was it...)

Party lines, only one democrat defected on the vote.

Behold the enemy, demonrats.
Link Posted: 1/11/2005 10:21:04 PM EDT
It wasn't unanimous. Also, I've heard that the Governor's ball or whatever the heck that celebration for the election of the governnor (not that you could call Chrissy Gregwhore elected), has not sold out yet.
Link Posted: 1/12/2005 2:26:15 AM EDT

Originally Posted By Kaliburz:
Here..... if it doesn't pan out...... lets get bumper stickers that say this:

We lost Olympia, but we kept Washington, DC


or

We lost the Gov race, but we kept the Presidency




Fuck bumper stickers...It is time to start putting criminals behind bars!...

It is no longer a soft war...
Top Top