Ballot Tracker Lawsuit Comes to a Boil

$10,000 partial settlement awarded to Green Party plaintiffs

A monetary settlement of $10,000 was awarded to Green Party representatives in a lawsuit filed against San Juan County over its use of the Ballot Tracker vote recording system in county elections.

In the Partial Settlement, Release and Hold Harmless Agreement that documents the settlement between County Green Party members and the County — specifically the auditor’s office, which is in charge of elections — the plaintiffs (the Green Party representatives) were paid $10,000 in  recognition of the monetary damages they’ve incurred in pursuing this lawsuit.

Green Party member Tim White, a plaintiff in the suit, released a statement on April 21, saying, “San Juan County has paid $10,000 to the Green Party, which is suing the County to remove unique bar codes from ballots. In return, the Green Party agrees not to seek further costs and legal fees.

“The bar code lawsuit continues in SJC Superior Court against co-defendants Secretary of State Sam Reed, San Juan County and County Auditor Milene Henley.

“Some Unanswered Questions:

• Why pay $10,000 but not settle the suit and take the bar codes off the ballots?
• Does the County anticipate losing the suit and are they therefore limiting their monetary losses in advance?
• Are some County officials following orders from the state level and not acting in the best interests of the County?”

In November 2006, White and Allan Rosato filed a lawsuit in San Juan County Superior Court. In 2007, the amended complaint “alleged that the use of the Ballot Tracker in six elections during the years 2005 and 2006 denied the right to vote a secret ballot, and thereby violated certain provisions of the United States Constitution, Washington State Constitution” and other laws.

The County filed an answer to the complaint which “denies that the use of the Mail-in Ballot Tracker system violates the rights of White and affirmatively alleges that the use of the Mail-in Ballot Tracker system protects the right to vote a secret ballot.”

In July 2009, the Green Party of San Juan County, including other representatives, filed a petition with the State  Supreme Court,  stating that “the placement of bar codes on ballats and use of the Mail-in Ballot Tracker system is contrary to law. …”

In accepting the $10,000 compensation, the Green Party representatives agree to “release and forever discharge …San Juan County… from all monetary claims…and to take no action to purse such claims in any manner.”

The settlement agreement is “a compromise of a doubtful disputed claim and the payment made is not to be construed as an admission of liability on the part of the …parties hereby released.”

The agreement was signed by the plaintiff’s attorney, Knoll Lowney, in October 2010.

Last week, Prosecutor Randall Gaylord repeated that the “partial nature of the settlement referred to the monetary claims; the $10,000 award was a business judgment to settle on the financial amount. It does not mean we accept liability… the issue can be contested at a later date.”

The agreement does not resolve the legal issue of the “appropriateness of using ballot tracker software as a way of ensuring elections are run smoothly and are fair and honest,” Gaylord said.

“Mr. White has taken little action to resolve the issue,” Gaylord said. “I look forward to resolving the ballot bar codes  and use of the ballot tracker system. It’s up to him to take the initiative.”

(The agreement may be viewed at Partial Settlement of Ballot Tracker suit).