Breaking News: WA Supreme Court Allows Counting of King County Ballots...
The Washington Supreme Court has reversed the ruling of the lower (superior) court and will allow King County to count ("recanvass") the 700+ votes that were recently found to have been improperly rejected (Washington State Republican Party vs. King County et al.):
We grant review and reverse the superior court.
This is a good decision.
It all basically boils down to the letter of the law, the "recanvassing" statute (RCW 29A.60.210):
Whenever the canvassing board finds that there is an apparent discrepancy or an inconsistency in the returns of a primary or election, the board may recanvass the ballots or voting devices in any precincts of the county. (emphasis added)
Was there a "discrepancy" in the "returns?" Well, the Court uses a past descision1 construing this statute to define discrepancy and uses another statute2 to define "official returns". The Court determines that yes there was an "actual discrepancy" in the King County returns and so recanvassing of the newly found votes would be proper.
1_State ex rel. Doyle v. Superior Court of King County, 138 Wash. 488, 244 Pac. 702 (1926)_
2RCW 29A.60.120(3)