WA GOP files lawsuit against King County over ballot app

WA GOP suing King County Elections over recount results

The Washington GOP is suing King County in an effort to overturn the primary results in the Commissioner of Public Lands race.

KING COUNTY, Wash. - The Washington State Republican Party has filed a lawsuit against King County Elections following a statewide hand recount that showed King County Council Chair and Democrat Dave Upthegrove advancing over Republican Sue Kuehl Pederson by a thin margin of 49 votes in the race for Commissioner of Public Lands.

The lawsuit challenges King County’s use of the OmniBallot app for curing ballots, arguing it violates state law, requiring a direct delivery of affidavits from voters to county officials.

Washington State Republican Party Chair, Jim Walsh contends that RCW Chapter 29A clearly states that ballot curing must be done through paper affidavits, not via an intermediary like the app.

"The issue that this phone app brings is that it is not directly delivering the affidavit from the voter to the county official," said Walsh. "This company that runs the phone app is an intermediate, they're in a middle step, and they kind of aggregate the information and then forward it to the county officials."

Walsh claims the GOP’s intent is to ensure transparency and reliability in Washington State’s election process, not to undermine confidence in the system. The party seeks either immediate injunctive relief or a forward-looking court order clarifying the legality of the app's use in future elections.

"We’re not sore losers. We don't think we're losers at all," Walsh defends. "We think we're making a really good case on the whole. We're making a legal argument about the proper way to process cured ballots in elections and we're fixing policy."

Dave Upthegrove’s campaign argues the lawsuit seeks to overturn the primary election results and disenfranchise thousands of ballots cast in King County.

Upthegrove, who is now set to face conservative Republican Jaime Herrera Beutler in the general election, condemned the lawsuit in a statement, calling it "frivolous and irresponsible."

He emphasized that the recount process demonstrated his victory and expressed confidence that the legal challenge would be swiftly rejected.

"After two full ballot counts, including a statewide hand recount, it’s clear that the voters of Washington have spoken and that I have advanced to the general election," Upthegrove said.

The lawsuit marks a significant development in the closely watched race, as both parties prepare for a high-stakes general election.