The Washington state Republican Party filed a lawsuit against King County elections to challenge the results of the August primary election.
Republicans allege in their complaint that King County illegally used a third-party electronic system to cure ballots for the election.
The complaint was filed in Snohomish County Superior Court on Thursday, a day after the state certified the results of a hand recount for the Commissioner of Public Lands race. Dave Upthegrove, a Democrat, won second place in the primary by 49 votes, leaving Sue Kuehl Pederson, a Republican, in third place, according to the recount results.
Former congresswoman Jaime Herrera Beutler, also a Republican, won the primary and will face Upthegrove in the November general election, if the certified results stand, since the top two vote getters advance. If Pederson were to win second place, two Republicans would be on the ballot.
King County voters can use an electronic service called OmniBallot to verify their ballots when they have left them unsigned or their signatures don't match the signature on file. That system is operated by Democracy Live, a private company.
The Republican Party alleges that use of that system violates state law because it transmits voter information through a third-party before reaching King County elections.
If that system had not been used, the complaint says there is a "less than one in a billion chance" that Upthegrove would have advanced to the general election.
As a result, the Republican Party is asking the court to enjoin the reporting of ballots cured by this method. That would mean invalidating 2,092 ballot signature affidavits that were cured through OmniBallot, according to the complaint.
State law directly addresses the situation.
An auditor can use an electronic means to verify a signature provided they establish appropriate "privacy and security protocols that ensure that the information transmitted is received directly and securely by the auditor and is only used for the stated purposes of verifying the signature on the voter's ballot," according to RCW 29A.60.165(4).
Shasti Conrad, chair of the Washington State Democratic Party, reacted to the lawsuit in a prepared statement.
"The WAGOP's last ditch embrace of election denialism and dog whistles to Q Anon conspiracy theorists is as sad as it is predictable," Conrad said.
"WA Dems will be working day and night through Election Day to ensure Washingtonians know that there is only one candidate in the race for Public Lands Commissioner who believes in tackling the sources of human-caused climate change and building climate resilient communities through public lands policy and that person is Dave Upthegrove."
How does King County Elections cure ballots?
Courtney Hudak, a spokesperson for King County Elections, said the county received formal notice of the complaint Friday afternoon.
She declined to comment on pending litigation but did explain how King County Elections cures ballots.
The process occurs when a voter's signature is challenged by the elections staff. That can happen when a voter forgets to sign their ballot or when the signature on the ballot does not match the signature in the voter's registration file.
When these situations arise, Hudak said King County Elections sends the affected voter a letter and a paper resolution form in the mail. The voter may also receive an email or phone call if that information is on file or a ballot alert if they signed up for those, she added.
Voters must resolve any signature challenge before 4:30 p.m. the day before certification, Hudak said. This can be done a number of ways.
A voter may provide a signature that matches the signature on their ballot, the last four digits of their social security number, or their full Washington state identification card or driver's license number.
Additionally, Hudak said a voter may provide a copy of photo identification, a valid enrollment card of a federally recognized Tribe in Washington state, a copy of a current utility bill or current bank statement, a copy of a current government check, a copy of a current paycheck, or a government document (other than a voter registration card) showing the voter's name and address.
Voters can return their signature resolution information by mail, email, in-person or online via OmniBallot, Hudak said. More information can be found on the King County Elections website.
King County Elections implemented the OmniBallot last November as an online option for voters to verify their identity and resolve signature challenges, Hudak said.
"We're extremely confident in the security of the online signature resolution tool, and we're proud of the way it has increased access for all voters — including older voters and voters with disabilities — to ensure their voices are heard," Hudak said. "We're confident we're complying with the law."
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