Washington Federal Judge Makes Contradictory Rulings on 6 Election Related Lawsuits
This article originally appeared on WEICU.org.
A lawsuit to restore election integrity in Washington state was filed on September 16, 2021, in Superior Court in Clark County.
The defendant in the suit is Greg Kimsey, elected Auditor for the State of Washington and the suit alleges violations of the plantiffs’ equal protection, due process and free speech rights stemming from the auditor allowing or facilitating vote flipping, additions and/or deletions, and allowing or facilitating party preference tracking and/or ballot identification.
On October 2021, Washington Election Integrity Coalition United (WEiCU) along with a total of 115 qualified electors filed suit in Whatcom, Clark, Snohomish, King, Thurston, Pierce, Lincoln and Franklin Counties, all of which were met with Motions to Intervene filed by the law firm Perkins Coie LLP on behalf of the DCC. Five out of eight cases have been removed to Federal Court despite being based in state law, and now face many unsubstantiated Motions to Dismiss, threatening Plaintiffs with financial sanctions if they persist with their cases.
Specifically, the plaintiffs allege their Auditors used uncertified voting systems to not only tabulate the votes, but also, while under oath, certified the results from those systems, one while under a cyber ransomware attack. These same machines were admittedly ‘internet capable’ according to Secretary of State Wyman and King County Auditor Julie Wise. These admissions created more questions than answers when WA state election data was found on the AZ audit hard drives.
Now, the Washington federal judge made a contradictory ruling on 6 election-related lawsuits. Read the news release below:
On September 30, 2022, Federal District Court Judge Lauren King issued a series of orders dismissing removed actions originally filed by Washington Election Integrity Coalition United (“WEiCU” pronounced “We See You”) and 106 individual plaintiffs in five county state Superior Courts.
The actions sought relief under state law for alleged election process misconduct and for an order compelling inspection of public records including ballots from the 2020 General Election. The actions did not seek to decertify any election or to overturn any election outcome.
In her orders dismissing the actions, which included dismissals in cases even where no motions to dismiss were filed, Judge King found that plaintiffs lacked standing to bring Article III claims in federal court (even though the actions were originally filed in state court under state statutory law), and that remand of the actions back to state court would be “futile” because dismissal of the claims by state courts was “foreordained.”
Judge King declared the dismissals “foreordained” while simultaneously acknowledging two state appellate cases filed by WEiCU that are currently pending and which address similar claims. According to WEiCU’s Director, Tamborine Borrelli, Judge King’s pre-emptive dismissals fall into an unfortunate pattern of judicial review of election processes: “Judge King, like many other judges across the country, state that there is no ’direct harm’ therefore the plaintiffs lack standing which denies qualified electors the ability to investigate indications of election process misconduct.
Judge King found technical grounds to dismiss the actions before ever reaching WEiCU’s evidence of 6,614 votes that flipped to Biden (similar to ‘the glitch’ in Antrim County MI) and over 400,000 accepted votes over the registered voters at 9:36pm on election night. By issuing these pre-emptive dismissals, Judge King has effectively blocked superior court judges in five of Washington State’s largest counties from ever seeing the cases.
In an astonishing show of hubris, she also inserted her opinion into WEiCU’s cases that are currently pending before the Court of Appeals somehow knowing that a ruling against WEiCU’s Public Records Request claim is “foreordained.” Despite the efforts of those who
benefit from obfuscating the truth of our fatally flawed election system, the people know (that) is the true threat to our Democratic Republic and will not stop until it is corrected for all Americans.”
WEiCU is a non-partisan, Washington State non-profit dedicated to restoring transparent, secure and publicly verified elections to Washington State.
The mission of WEiCU is to educate, advocate and when necessary, litigate for the purpose of restoring transparent, secure and publicly verified elections in Washington state and for all Americans.
If you support their work in exposing the truth please consider making a donation to further our commitment to transparent, secure and publicly verified elections. Click here: https://www.givesendgo.com/GX2Y
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