Feb 14, 7:30 PM EST

Judge Dismisses Recall in Washington

By RACHEL LA CORTE
Associated Press Writer

OLYMPIA, Wash. (AP) -- A judge on Monday dismissed an effort to recall Washington's secretary of state, ruling against two voters who argued that the elections chief mishandled the contested governor's race.

The voters contended that Sam Reed's mistakes allowed Democrat Christine Gregoire to win the gubernatorial election by 129 votes. They said Reed, a Republican, should not have certified the election on Dec. 30 while there were still questions about the validity of some votes.

But Judge Chris Wickham ruled the allegations did not meet the legal or factual threshold needed to put the recall on the ballot.

The ruling can be appealed to the state Supreme Court. Martin Ringhofer, a Boeing Co. employee and one of the voters who brought the challenge, said he had not made a decision on whether to appeal, but was leaning toward it.

"This is not about us against Reed," Ringhofer said. "This about the people having a right to hold an elected officer accountable to what he is supposed to do and not supposed to do."

Reed was not in court, but said later from his office that he was happy with the decision. He acknowledged the discontent that led to the court action.

"I do think that this represents the frustration that people feel, that they're unhappy with the outcome of the election, or feel that mistakes were made," Reed said. But "I took an oath of office to uphold the constitution and laws of the state of Washington. I can't invent it as I go along."

Gregoire lost the first two counts in the governor's race but pulled ahead in the third tally to overtake Republican Dino Rossi, who also is challenging the results.

© 2005 The Associated Press