Judge upholds narrow Moses Lake school bond vote

EPHRATA — In a tiny courtroom packed to overflowing, Grant County Superior Court Judge John Antosz on Monday tossed out a challenge to the Feb. 14 Moses Lake school bond election, upholding the measure that passed with 60.03 percent – or three votes.

Antosz said that Washington law creates a high bar for judicial review of state elections, and that the “substantial compliance” doctrine hammered out by the legislature and state courts over the last century does not require election officials to scrupulously follow every tiny detail of election rules.

“The statute doesn’t state that performance is essential to the validity of the election or that unless the formalities are observed the election will be void,” Antosz said as he delivered his ruling.

At dispute was whether the Grant County Auditor’s office properly notified Moses Lake School District voters who either didn’t sign their ballots or whose signatures did not match those on file with the county elections office. The elections office followed up with letters, but no one disputes that office failed to call voters who did not respond to those letters.

The attorney for the six petitioners, George Ahrend, contended that the failure to call 31 school district voters effectively disenfranchised them.

“If it affects the right of voters to vote, that’s when you have to annul,” Ahrend said as he presented his case. “This affected the right of 31 voters to vote.”

“There was notice given to voters with missing or mismatched signatures, though not exactly as set forth,” Antosz said later in his ruling.

Kevin Donovan, president of the Moses Lake School Board, had to stand outside of the crowded courtroom for most of the proceedings. He was clearly relieved by the court’s ruling.

“It’s great to be able to move on and get started planning our schools,” he said.

Outside the courtroom, Fred Meise, one of the petitioners asking the court to overturn the February bond election, said he wasn’t entirely sure what they would do next.

“I don’t know what we’ll do. I’m not disappointed; this is why we have a democracy,” he said. “But I guarantee, in the next election, people will be called. Our process worked.”

Charles H. Featherstone can be reached via email at countygvt@columbiabasinherald.com.