09:45 AM PDT on Tuesday, May 31, 2005

By JIM KLOCKOW / KING5.com

POSTED: 5:32 p.m

The auditor parade ends and court adjourns

Some common themes developed as the parade of auditors -- Stevens, Cowlitz, Walla Walla, Adams and Benton counties -- continued. Democrats have focused on the persistent discrepancies between voters credited with voting and actual ballots cast or that they don't go through the process of crediting voters in the way King County does.

One common rebuttal from the GOP rises out of the much earlier testimony of King County elections workers Nicole Way, who testified that she filled out a report enumerating the number of absentee ballots returned without full confidence that it was accurate. GOP attorney Dale Forman asked several of the auditors whether they would fill out a report they knew it was not accurate.

He always got the answer he wanted.

At around 5:30 p.m., the day ended. Court will resume at 9:30 a.m

POSTED: 4 p.m.

More auditors

After the Clark, Kitsap, Spokane and Island County auditors all testified about provisional ballots wrongly put in ballot boxes and about differences between the number of votes cast and voters credited with voting, Judge Bridges had a question.

"Mr. Hamilton, how many more auditors are you going to call?"

The judge, it turns out, wanted to stand up.

The answer is five.

POSTED: 3:21 p.m.

What the auditors say

Another county auditor is on the stand, testifying to how they process ballots. And more are likely on the way. Currently Sue Higginbotham, who directs elections in Kittitas County, is answering questions about use of provisional ballots in her county.

Democratic attorney Kevin Hamilton is showing Higginbotham exhibits that are copies of provisional ballot envelopes given to her by poll workers unsealed and empty.

Hamilton: What happened to the ballots associated with these ballot envelopes

Higginbotham: We came to the conclusion thaat they were put in the ballot boxes.

Hamilton: The registration and signatures of the voters for these ballots were not checked before they were put into the ballot box, is that correct.

Higginbotham: Yes, that is correct.

Democrats are clearly trying to prove that the problems that Republicans are focusing in King County happen in other counties of the state as well, including counties that went for Rossi..

POSTED: 2:33 p.m.

Democrats open their case ... by calling a Republican

After a shorter than usual lunch break, lawyers, judges and spectators convened again as the Democrats opened their case. Their first witness is Clark County Auditor Gregory Kimsey, a Republican, is testifying that Clark County installed the same software than King County did for keeping track of voter registration.

And under questioning by Democratic attorney Jenny Durkan, Kimsey said that after the election, the county had a similar problem as King County, where there were more votes counted than there were voters credited with voting, at first 190. He said after investigation, that number was eventually whittled down to 57.

Durkan: Was that any indication to you of any kind of fraud in Clark County.

Kimsey: No

POSTED: 1:24 p.m.

Judge refuses to dismiss the case

In an immediate ruling after both attorneys argued their sides, Judge Bridges said he had to ask himself what the citizens of washington expect and deserve when an election contest is filed.

Bridges sided, even quoted the attorney for the Washington Secretary of State's office.

"The Secretary of State has argued that the court should allow and perhaps demand that there be a full and complete record of the position taken by both petitioners and both intervenors And I agree again," he said.

Bridges said it would be a disservice to both sides if he didn't allow everyone to present their case.

"I was going to say 'fair and balanced' but I guess I won't say that," Bridges said.

The court then recessed for lunch. Democrats will begin arguing their case when they return.

POSTED: 1:08 p.m.

Judge rules on how you decide who's a felon

Judge Bridges is getting ready to rule on the Democrats' motion to dismiss the case but first focused on one of the documents that Republicans have used to compile their list of felon voters.

Democrats argued that the record does not have the information needed to determine if a person has been convicted of a felony or a lesser charge.

After looking at one, Bridges ruled that the document could be used.

POSTED: 12:50 p.m.

Korrell: 'Set aside the election'

In a point-by-point argument against the Democrats motion to set aside the case, Republican attorney Harry Korrell disputed the Democrats attempts to dminish their case.

By the Democrats logic, he said, if someone stole ballots and you don't know who, you can't contest the election, "you just have to pretend it didn't happen."

Korrell argued that there were 1156 more ballots counted than King County can find voters to link them to.

"That's 10 times the margin of victory," he said.

"If the court dismisses this case, a case with the thinnest of margins ... where there is overwhelming evidence of error and neglect, in a case with these huge discrepancies and a disturbing pattern in some of them, …if the court dismisses this case, then Washington has no meaningful election contest statute," Korrell said.

Korrell revived the GOP's argument that based on case law, Judge Bridges should set aside the election.

The law, Korrell said, "compels rather than precludes your setting aside this election."

POSTED: 11:56 a.m.

GOP rests, Democrats move to dismiss

As soon as the court returned from its morning break, Republicans moved to dismiss the case.

In making his motion to dismiss, Democratic attorney Kevin Hamilton argued that the Republicans have not proved their case.

"In Mr. Braden's own words this morning, 'one can always speculate'," he said. " They could not and they have not proved that illegal votes changed this election."

Hamilton argued that the Republicans cannot base their case on errors, frustration with a new computer system and innuendo

And like a mantra, Hamilton repeated, "this isn't clear and convincing evidence."

POSTED: 11:21 a.m.

The paper and data chase

Republican data consultant Clark Bensen is back on the stand testifying again about the spreadsheets he prepared for the GOP.

Democrats have objected that given the time period that Bensen had with the information and the some of the work he did on a spreadsheet preparing them, he could have inadvertently changed the information.

GOP lawyer Mark Braden responded, calling that "idle speculation."

"One can always speculate that data has been corrupted … I know of no one else in the country who is more reliable on this than Mr. Bensen," Braden said.

Much time has also been spent trying to decide who had complete version of which deposition or which data disk.

The confusion left Judge Bridges rubbing his head.

"I'm sorry, I've had this constant headache for six months," he said.

POSTED: 10:43 a.m.

The court files continue to expand

The Friday morning activity so far has chiefly been a battle between the attorneys over evidence to be admitted. Just now, Republican lawyer Rob Maquire successfully argued for admission of a document by a King County Elections worker that apparently comments on counting of provisional ballots.

Once again Durkan objected, arguing that the records were hearsay. It was deja vu and may continue for some time. In almost every case, the judge has allowed the evidence in.

POSTED: 10:07 a.m., Friday

'This is forged'

Day 5 in the election contest trial is underway and it's getting off to a slow start. Attorneys from both sides are arguing over admission of some evidence by Republicans allegedly showing that some people voted twice or had duplicate ballots illegally cast in their name.

Some of the evidence has been admitted, but after a very brief time for thought, Chelan County Judge John Bridges allowed most of them, but asked lawyers to black out a post it sticker from the Lewis County Auditor on a copy of one ballot envelope that read "This is forged."

This after an objection from attorney for the Democrats Jenny Durkan.

"It won't surprise the court that we don't necessarily believe that these were forgeries or that these ballots were stolen," Durkan said.