BILL REQ. #:  S-0505.1 

Read first time 01/12/2005.   Referred to Committee on Government Operations & Elections.

     AN ACT Relating to a special runoff election for governor; creating new sections; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   The legislature finds that:
     (1) The November 2, 2004, gubernatorial general election between Dino Rossi and Christine Gregoire was the closest political race in the history of Washington state;
     (2) The election results between the two candidates, which differed by less than one-hundredth of one percent, were certified on three separate occasions, after an original tally of votes, a mandatory machine recount, and a manual recount;
     (3) Dino Rossi was twice certified as the governor-elect of Washington, only to be defeated by Christine Gregoire in the manual recount, an unprecedented event in the history of Washington;
     (4) The election was marred by voting and counting problems that were irreconcilable by both the counties and the secretary of state;
     (5) As a result of those problems, the majority of the citizens of Washington have lost confidence in the election process;
     (6) As the elected representatives of the citizens of Washington, it is important that the legislature take action pursuant to the demands of the populous;
     (7) The legislature must act to restore voter confidence in the election system, resolve doubt in the eyes of the electorate, and solidify the legitimacy of the next governor of Washington.

NEW SECTION.  Sec. 2   Under Article III, section 4 of the Constitution of the state of Washington, the legislature is vested with the power to contest an election and it has the power to decide a contested election. As such, for the reasons set forth in section 1 of this act, the legislature hereby contests the November 2, 2004, gubernatorial general election. By the power vested in the legislature by the Constitution of the state of Washington, the legislature declares the results of the gubernatorial election of November 2, 2004, to be null and void. It directs that an entirely new, special runoff election be conducted to decide the next governor of Washington. This gubernatorial runoff election shall be held on the date of George Washington's birthday, Tuesday, February 22, 2005.

NEW SECTION.  Sec. 3   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.