Justia Election Law Opinion Summaries

In Fall 2010, former employees and representatives of the Town of Coulee filed a petition to recall Mayor Rick Heiberg. Of eleven charges, only two were found by the courts to be factually and legally sufficient to support a recall election. On appeal to the Supreme Court, it was determined that the two surviving claims against the mayor were not legally sufficient to support a recall. The Court reversed the lower courts' decisions and dismissed the recall petition. View "In re Recall of Heiberg" on Justia Law

Robin Farris filed six charges against the Pierce County Assessor-Treasurer Dale Washam. Ms. Farris charged that Mr. Washam violated whistleblower protections, retaliated against his employees, grossly wasted public funds, failed to cooperate with discrimination and retaliation investigations, and violated his oath of office. Ms. Farris appeared pro se, and there were technical flaws with the filing of her six charges against Mr. Washam. Through the course of the proceedings, Ms. Farris amended her charges to comply with the courtâs rules of pleading. Mr. Washam contended that there was no statutory authority to allow the recall charges to be amended, and because the original filing was fatally flawed, the Supreme Court should dismiss the entire recall effort. On March 3, 2011, the Supreme Court entered a brief order that affirmed the lower courtâs decision to allow the recall effort to proceed. The Courtâs May 12, 2011 order set forth the reasons for its March decision. The Court affirmed the trial court in all aspects.