Washington Families Standing Together (WAFST) has refiled their Referendum 71 challenge in Thurston County Superior Court. Referendum 71 (R-71) asks voters to reject or approve the
domestic partnership bill that was passed this spring by a sizable majority of the legislature and signed by the Governor.
On August 27, 2009, WAFST asked King County Superior Court to issue a temporary restraining order against certification of R-71 by the Secretary of State (SOS). The grounds for the request were twofold. First, the SOS had inappropriately accepted petitions where the petition circulator's declaration had been left blank or was "signed" with a stamp of Larry Stickney's signature. Such petitions represented about 36,000 signatures. Second, the SOS accepted signatures from people who were not registered voters when they signed the petition.
On September 2, 2009, King County Superior Court Judge Spector ruled that WAFST was correct regarding the facts. Namely, that unsigned or fraudulently signed petitions were erroneously accepted by the SOS, and that petition signers must be registered voters before signing. However, she also determined that her court had no authority to provide the relief that WAFST sought. The proper venue, she said, is Thurston County Superior Court within 5 days of the SOS certifying the referendum. The SOS certified R-71 on September 2, 2009, and so WAFST has refiling the case accordingly.
Court documents will be posted here as they become available. The Proposed Order for relief is here. A hearing date has not been set.