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Washington State Supreme Court overrules recall petition against Seattle mayor

On October 8, 2020, the Washington State Supreme Court reversed a lower court ruling which allowed a recall effort against Seattle Mayor Jenny Durkan (D).

The supreme court’s unanimous order read, “The allegations in this case are deeply troubling and our review requires that we treat the factual allegations as true. Nevertheless, after carefully considering the issues presented, the court concludes that the recall charges presented in this case are factually and legally insufficient.”

Elliott Grace, Harvey, Alan Meekins Jr., Courtney Scott, Leah Solomon, and Charlie Stone organized the recall effort.

The Washington Constitution allows for the recall of elected officials if they violate their oath of office or “in commission of some act or acts of malfeasance or misfeasance while in office.” To put a recall on the ballot, recall supporters have 180 days to collect valid signatures equal to 25% of the total vote for the office in the last regular election.

Organizers in the recall effort against Durkan began filing paperwork on June 15, 2020.

King County Superior Court Judge Mary Roberts ruled on July 10, 2020, that petitioners could begin gathering signatures. Roberts dismissed six of the seven charges as insufficient for a recall election. The second charge was found to be sufficient grounds for the recall effort to move forward. Recall organizers had until January 6, 2021, to gather about 54,000 valid signatures in order to put the recall election on the ballot.

The second charge of the recall petition said, “Mayor Durkan endangered the peace and safety of the community and violated her duties under RCW 35.18.200, Seattle Charter Art. V, Sec. 2, SMC 10.02.010A, and her oath to uphold US Const., Amends. 1 and 4, Washington Constitution, Art. 1 Sec. 3-5, when she failed to institute new policies and safety measures for the Seattle Police Department when using crowd control measures during a public health emergency.”

The state of Washington selects its state supreme court justices through nonpartisan elections. Of the nine members on the supreme court, five have been appointed by Democratic governors to fill vacancies on the court.

The terms of justices Raquel Montoya-Lewis, Charles W. Johnson, and Debra Stephens will expire on January 10, 2021. Additionally, Justice G. Helen Whitener was appointed to fill the vacancy created by Justice Charlie Wiggins’ retirement in March of 2020, so she will face retention election this year. The four seats are up for nonpartisan election on November 3, 2020.

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