If you’ve been holding back dollars or volunteer time waiting for the legal challenges to resolve, the wait is over. It’s time to pull out the wallet and clear your calendar. Washington Families Standing Together (WAFST) announced Wednesday that WAFST would not appeal the recent court ruling that allowed Referendum 71 to be certified.
Due to the compressed time period, the lack of access to necessary information and relevant documents and the fact that election day is less than eight weeks away, WAFST will not be appealing yesterday’s ruling, so that all of our energies can be focused on ensuring that families are not put at risk by the attempted repeal of our state’s domestic partnership law. There are two Superior Court rulings on a number of questions raised as to the legality of the referenda process and the signature count. The Courts’ findings and conclusions are strikingly different, so the law will remain unsettled until there is a future challenge. At the end of the day, however, WAFST must concentrate its energies toward preserving the domestic partnership law enacted by the Legislature and signed into law by the Governor, without the distraction of an ongoing legal debate over which of these two rulings is correct.The Court ruled yesterday that signatures on referenda petitions are to be considered valid even if the person who signed was not a registered voter, and even if the petition circulator broke the law in collecting the signature. The Court’s ruling created an unfortunate split in the interpretation of the applicable law. There was a similar split between the Secretary of State’s Office, which originally wanted to enforce the plain language of the Constitution and laws, and the Attorney General’s Office, which directed the Secretary of State to ignore these violations.
The rest of the announcement is at the bottom of the post and well worth the read.
If you are as pissed off as I am that Oregon Gary and Thrice Married Larry have forced us to fight this costly battle just to protect our families, then channel that anger into action and DONATE right now to Washington Families Standing Together or TAKE ACTION by signing up to volunteer, taking the on-line pledge to APPROVE Referendum 71 and telling everyone you know why it’s important to you that they vote APPROVED on Referendum 71 to preserve the domestic partnership law.
WAFST statement on appeal of certification challengeDue to the compressed time period, the lack of access to necessary information and relevant documents and the fact that election day is less than eight weeks away, WAFST will not be appealing yesterday’s ruling, so that all of our energies can be focused on ensuring that families are not put at risk by the attempted repeal of our state’s domestic partnership law. There are two Superior Court rulings on a number of questions raised as to the legality of the referenda process and the signature count. The Courts’ findings and conclusions are strikingly different, so the law will remain unsettled until there is a future challenge. At the end of the day, however, WAFST must concentrate its energies toward preserving the domestic partnership law enacted by the Legislature and signed into law by the Governor, without the distraction of an ongoing legal debate over which of these two rulings is correct.
The Court ruled yesterday that signatures on referenda petitions are to be considered valid even if the person who signed was not a registered voter, and even if the petition circulator broke the law in collecting the signature. The Court’s ruling created an unfortunate split in the interpretation of the applicable law. There was a similar split between the Secretary of State’s Office, which originally wanted to enforce the plain language of the Constitution and laws, and the Attorney General’s Office, which directed the Secretary of State to ignore these violations.
The Court last week concluded that the Secretary of State’s instruction to his staff to accept signatures of voters who were not registered voters when they signed the petitions, or even by the time the petitions were turned in, was in contravention of the State Constitution and State law. That Court found that the Secretary essentially rendered recent anti-fraud legislation meaningless when it accepted petitions with unsigned or fraudulently signed circulator declarations. That Court found as well that the Secretary had not addressed the allegations of fraud, either in its enforcement of the law or in its review of signatures, including by those who had requested their names be removed from petitions after having been misled. The actions by the opponents of the domestic partnership law to hide the names of signers, hide the names of donors, hide the payments to paid signature gatherers and refuse to put true and correct names on the backs of petitions all played a role in the inability of the Secretary or the parties to ensure the integrity of the referenda process.
But this fight isn’t about the interpretation of referenda statutes. Something far more important is at stake. There are nearly 6,000 couples or 12,000 individuals, many of whom have children, who are registered as domestic partners in our state. They live in every county, in all parts of the state. The domestic partnership law ensures that all of these families have the same protections, rights, and responsibilities as their neighbors. The law guarantees that they will be treated fairly, especially in times of crisis. Some domestic partners are seniors. Often seniors can’t marry without sacrificing hard-earned social security, military or pension benefits. Others are gay and lesbian couples, who rely on the domestic partnership law to provide essential protections to their families.
It was for these families that more than 155 organizations joined together to form the Washington Families Standing Together – Approve 71 campaign, to take a stand in support of the domestic partnership law. And it is on behalf of these families that more than 70 volunteers spent every day from the end of July through the 2nd of September observing the signature verification process. They participated respectfully throughout, solely for the purpose of wanting to ensure that the referendum process was fair, accurate and consistent with the law. These volunteers observed what they perceived to be errors in the acceptance of signatures as matches to registered voters, but the Secretary has no processes for such observations to be considered or reviewed. The Secretary certified the measure last week, and then yesterday revised downward the number of valid signatures accepted. The Secretary’s final determination was that there were 1,200 signatures turned in over the minimum required to place the measure on the ballot. Although Washington Families believes this determination may in fact be in error, Washington Families must instead focus its efforts on Election Day.
Ballots for Washington’s November 3rd general election get mailed to voters in 6 weeks. The APPROVE 71 campaign is reaching out to voters across the state to let them know they need to vote APPROVE on R 71 to keep the domestic partnership law so that ALL families are treated fairly and equally in our state.




13 Comments


We were the third couple to get our Domestic PartnershipAnd we want to be the among the first couple to ask all Washington voters to APPROVE REF 71!
To quote a famous cartoon character“A statesman is nothing more than a dead politician. We need more statesmen” from Opus
Not pulling out my walletuntil I see some true focused leadership.
what exactly are you looking for?what does “focused leadership” look like to you? whatever it is, i hope you notice it soon, because there’s only one game in town and we’re less than 6 weeks until ballots get mailed.
i’ve seen the wafst leadership in action and it’s mighty impressive. i’ve already given several paychecks-worth of donations to the organization and did some local canvassing this evening. i hope others will join me because my efforts alone are not nearly enough to make sure we win this election.
Decision by federal judge to keep the petitions secretThis came down late today. It is a fairly radical decision. It doesn’t grant the injunction on the basis of the specific claims of “threats” by Stickney et al. Instead, it strikes down on federal constitutional grounds a provision of the WA open records law. In other words, even w/o any threats or intimidation, the state cannot constitutionally release the petitioners’ names. This has an effect not only on these petitions but on all others in the future.
I have to say that I find WA to be the most lawless and bizarre state. It is worse than Florida. In the past 6 weeks we’ve had: a TRO allowed to go unchallenged by the AG; that same TRO languish for 1 month while the judge goes on vacation; a secretary of state who openly admits that he is skewing the review process to favor a preferred outcome; a bunch of clowns executing false declarations on the steps of the state capitol; the secretary of state accepting those false declarations; two state court judges opining that the secretary can accept illegal petitions, and the baffling decision by WAFST not to appeal that ruling.
It is exhausting just listing the insanity. I sincerely hope that R71 is approved, because if it isn’t, WAFST’s decision not to appeal will go down as a huge political mistake and they will rightly be blamed.
given all the serious govenment-level problems you just listed there,and the fact that the state supreme court made a patently extra-legal and bigoted decision on the doma law just a few years ago, why would you assign blame to wafst alone if r71 isn’t approved? this penchant for attacking and undermining our own organizations has to stop. we live in a homophobic society, and we have some really bad laws or bad public officials in place, depending on your point of view. and yet some people relying on wafst stand at the ready, 8 weeks out, to chuck spears at the one organization that is actually working to make things better. i will never understand this mentality. it’s sabotaging our future.
“only one game in town”And that town is Seattle. . .and those of us who aren’t in close proximity to downtown Seattle are at a loss because we can’t drive 100 miles to a phone bank. . .
I don’t have the fantasy “disposable income”, but I do have the motivation. . .Now that the legal wrangling is over I see this as a clean slate, but we must somehow expand the opportunities for volunteer action beyond the insulation of a core group in the city.
We need more than lawsuits, we need materials that can be easily printed from a home computer that show the bare bones facts to our neighbors and not just pretty yard sign.
Correct me if I’m wrong, but the only thing I’ve recieved from WFST are pleas for money, press releases/updates on lawsuits and requests for a phone bank that is impossible for my family to participate in.
We do need to support WAFST, but they are not exempt from criticismObviously, we have to support WAFST in the ballot fight. As you rightly say, they are the only game in town. This all may come out right in the end and we may have a victory by popular vote which can help nationwide.
But that doesn’t mean that WAFST is exempt from criticism. If we had had some scrutiny of No on 8 in August 2008 as opposed to December 2008, things might have gone differently.
Are you suggesting that the WA Supreme Court is consistently anti-gay and that that prejudice would have determined the outcome of the appeal in this case, which concerns not the merits of R71 but the procedures of the SoS? If so, then WAFST should say that that is why they are not appealing. In fact, they cited the compressed appeal schedule as the reason, claiming they needed to focus on the ballot fight. But they should be able to walk and chew gum at the same time, i.e., have Perkins Coie appeal while they prepare for the ballot fight.
Sorry, I know you love these people, but that is how I feel. I agree with you that all Blenders should still get out their wallets and support them.
The ramificationsfrom this will effect public disclosure law far beyond the R-71 debate. . .Daniel is correct. .. and we will be blamed for it when such things as the public disclosure of sex offenders is rescinded as unconstitutional.
But then, of course the domestic partner registry is open to public scrutiny.
“this penchant for attacking and undermining our own organizations has to stop” . . .Holding people accountable doesn’t mean we don’t support the cause. . . It’s just that, perhaps a few of the sheep went out of line.
Did we learn nothing from prop8? There’s really only one approach? Lemmings? “it’s sabotaging our future.” . .really?
Phone Bankingcan be done at a distance provided whatever org is asking one to phonebank can provide contact numbers and a basic script or talking points to those who are interested.
That is something where they could even get out of state help if they do it right, although I have to believe it is much more potent to have a someone from Washington (even if they aren’t in Seattle) calling you as a neighbor than someone from out of state.
I believe the Obama campaign used phone banking at a distance pretty often.
Lurleen, do you know if there are any efforts being made to extend phone banking options over a distance?
Phone banking, Cash and pretty signs.are the options today from our “leadership” .. I think the other options are standing out on the streetcorner and screaming, or just crawling into a hole & screaming into a pillow & hope for rational voters to not get caught up in the bait and switch.
Seriously . .those of us not in “town” are dying out here. . .no direction, no info, no tools. . .but we’re admonished for not “just getting along and towing the line”.
It seems like the attitude is anyone who moved away from Seattle lives in a trailer .. but we’re out here raising families and taking care of our alzheimers parents. We live our lives by example & dammit we’re PO’d over the fact that something as simple as Domestic Partneship law is getting put up to a popular vote.
So really . .where is the statewide leadership?
Thank you for asking me to correct you
because printable signs and handouts have been available for some time on the WAFST website, are referenced frequently in their mails and in my posts. Please go to ApproveReferendum71.org to find such materials. Also, I’ll have a post up soon about upcoming organizing meetings throughout the state that you can sign up for.
ummm.No.