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Respect Washington seeks to remove non–citizen voters from rolls

 
 
 •   On March 31, 2011 Respect Washington filed a motion for summary judgement in support of a petition filed in November 2010 for the King County Superior Court to release public documents containing "non–juror" information (Case No. 10–2–41119–4 SEA).
 
 •   Throughout Washington State, 38 county superior courts have refused to release non–juror information.  Martin Ringhofer and Respect Washington to attempted to gain access to these public documents in order to verify that ineligible individuals are not registered to vote in Washington State. 
 
 •   Respect Washington is assisted by the Immigration Reform Law Institute (IRLI), of Washington, D.C.  To date, courts in two of Washington's 39 counties have released public documents containing information about non–jurors.  (A "non–juror" is an individual summoned, but unqualified for jury duty due to a felony conviction or lack of U.S. citizenship.) 
 
 •   As prime exhibit, Douglas County Superior Court juror listings of 238 non–juror non–citizens between 2008 and 2010 were cross–referenced with voter rolls to reveal 7 registered voters, 2 of whom had voted in local elections!  Registrations of all 7 suspicious voters were confirmed by the Washington Secretary of State. Of those seven contacted, two exhibited confirmation of non-U.S. citizenship and therefore voter registration challenges were lodged with the Douglas County Elections Department. Upon challenge, one non-citizen requested removal from the voter rolls. A second challenged voter refused to attend that voter's hearing scheduled with Auditor. This voter's registration has since been designated "inactive," pending the voter's eligibility verification. As of February 2016 this voter has not voted since the 2008 general election.
 
 •  From Okanogan County District Court records between 2008 and 2010, a cross-reference exam found 178 non–juror non–citizens, 4 of whom were registered to vote and had records of having voted! 
 
 •   While King County Superior Court refused to release non–juror records, the court did reveal that during 2008–2009, 6,962 individuals summoned for jury duty had identified themselves as non–U.S. citizens.  If rates of malregistration in King County are similar to those found in Douglas and Okanogan Counties, there might be as many as 200 registered voters among those 6,962 non–citizens. Even those non-citizen registered voters summoned to juror service would represent only a sliver of those non-citizens registered to vote in King County. 
 
 •   Since 2006 the Washington State Department of Licensing (DoL) has issued 350,353 drivers licenses to individuals who did not supply a Social Security Number upon application.  A crosscheck of those against a list of registered voters (dated December 31, 2010) revealed that 10,866 of these individuals were registered to vote. While not proof of ineligibility to vote, these matches deserve further scrutiny. 
 
 •   While the lack of an association between a licensee record at DoL and a SSN is no proof of voter ineligibility, Washington election officials are not policing this gateway to illegal voter registration.  Proof of U.S. lawful presence for all DoL licenses would go a long way toward protecting the citizen’s vote franchise. So would requirement to show proof of citizenship upon voter registration application. Which is why the Washington Respect for Law Act requires both controls. 
 
 •   On Thursday November 1, 2012 oral argument before Div. I Washington State Court of Appeals judges Stephen Dwyer, Kenneth Grosse and Mary Becker was heard in "Ringhofer v. Ridge." The Audio recording is available for download Ringhofer v. Ridge 679708
 
 •   On Thursday Dec 10, 2012 Judges Dwyer, Grosse and Becker issued Washington State Court of Appeals opinion affirming the opinion of Snohomish County Superior Court Judge Ronald Castlelberry.
 
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On January 16, 2013 Martin Ringhofer's attorney filed Petition for Review at the Washington State Supreme Court. On June 4, 2013 Washington State Supreme Court Justices Madsen, Charles Johnson, Fairhurst, Stephens and Gonzalez unanimously denied a hearing of the petition on appeal; a disappointing outcome for Constitutional access to public records. The judges and justices deferred to statute enacted in 1993 that obstructed use of juror records for "other than jury purposes" (slipped into HB 1084 whose greater purpose was juror pool expansion). The specific authorization in use of juror records as a tool for voter roll integrity and consultation with federal citizenship and immigration service was reestablished in 2005 (SB 5743 Kastama/Roach) but yet repealed by party-line Democrat vote in 2009 (HB 5270 McDermott). The Respect for Law initiative seeks to restore these voter integrity audit tools.

 

Documents of Ringhofer v. Ridge

 
 
   Ringhofer Petition to King County Superior Court (November 2010)
 
  Ringhofer Motion for Summary Judgement (March 2011)
 
   Ringhofer Declaration (March 2011)
 
   King County's Answer And Affirmative Defenses (Feb. 2011)
 
   King County's Motion for Dismissal of Ringhofer MSJ (March 2011)
 
   King County's Declaration in support of King County's Motion for Dismissal (March 2011)
 
   Ringhofer Opposition to King County's Motion to Dismiss MSJ (April 18, 2011)
 
   King County's Brief in Oppostion to Ringhofer's MSJ (April 18, 2011)
 
   State AG Refusal to intervene (April 18, 2011)
 
   King County Reply in Support of King Motion for SJ Dismissal (April 25, 2011)
 
   Ringhofer Reply in Support of Motion for Summary Judgement (April 25, 2011)
 
   Ringhofer v. Ridge Oral Arguments Court Recorder Transcript (April 29, 2011)
 
   Ringhofer v. Ridge Oral Decision Court Recorder Transcript (May 10, 2011)
 
   Ringhofer v. Ridge Oral Decision (May 10, 2011)
 
   Castleberry Order Granting King County Dismissal of Petitioner's Motion for Summary (May 10, 2011)
 
   Ringhofer Grounds for Review by Washington State Supreme Court (June 24, 2011)
 
   Ringhofer Appellant Opening Brief to Washington State Supreme Court (Sept. 6, 2011)
 
   King County Respondent Brief to Washington State Supreme Court (Oct. 5, 2011)
 
   Ringhofer Appellant Reply Brief to Washington State Supreme Court (Nov. 14, 2011)
 
   Washington State Supreme Court Transfer to WS Court of Appeals, Div. I (Nov. 21, 2011)
 
   Washington State Court of Appeals, Div. 1 Opinion (Dec. 10, 2012)
 
   Ringhofer Petition for Review to Wash. St. Supreme Court (Jan. 16, 2013)
 
   Washington State Supreme Court denial of Petition for Review (June 4, 2013)
 
   Voter Integrity Research From Around the U.S.
   Colorado's fight to restore voter integrity
   Texas Conservative Coalition Research Institute - Harris Co. Fraud
   U.S. House Admin. Comm. testimony of Harris Co. TX Auditor Paul Bettencourt
   U.S. GAO Report 2005-478 (note: Page 16)
   Heritage Legal Memo No. 28 (Spakovsky) "The Threat of Non-Citizen Voting"
  
   
   

 
 
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