Election: Fall, 2008
Election Contest Scenario #1: Unverified Ballots
Washington statutes instruct precinct workers to make a record of any unverified ballots, but give no further guidance. § 29A.44.280. No cases were found considering this issue. If unverified ballots would be considered ineligible to be counted, those ineligible ballots would probably be unidentifiable and inseparably commingled with eligible ones. In Borders v. King County (2005), a recent contest of a Washington gubernatorial election, the trial court refused to use proportional reduction to eliminate such ineligible ballots, because the court said this method was not accepted in the scientific community as a valid statistical practice.