Incorporation Backers Ask Judge To Review Auditor’s Mail-In Ruling

Proponents of two Spokane Valley cities have asked a judge to clarify a law allowing the county auditor to conduct the upcoming incorporation election by mail.

County Auditor Bill Donahue earlier this month overruled the county commissioners when he decided to conduct the May 21 incorporation election by mail-in ballot.

A suit demanding Donahue justify his decision was filed Monday in Superior Court. A hearing before Judge Robert D. Austin is set for 9 a.m. Tuesday.

Ed Meadows, Opportunity’s chief proponent, and Vivienne Latimer, who is pushing Evergreen, filed the show cause motion, saying Donahue only has the authority to call for a mail-in ballot if it is requested by the electing body.

“We don’t think (Donahue) has the authority to override the commissioner’s decision,” Meadows said in an interview.

County commissioners voted 2 to 1 on March 26 against a mail-in ballot. Commissioner John Roskelley cast the dissenting vote.

Donahue and County Attorney Jim Emacio, citing a temporary law that gives auditors the authority to decide how to conduct elections, told commissioners April 2 their vote against a mail-in election was null and void.

Voting by mail would save the county money and increase voter turnout, Donahue said, citing a 10 percent turnout countywide during the March primary election.

“Anything we can do to improve that, that’s our job,” Donahue said.

Supporters of the proposed cities of Evergreen and Opportunity fear a mail-in election will encourage “no” ballots from uninformed voters.

Proponents are critical of Donahue’s decision to use mail-in balloting just 19 days before the law expires. They wonder why he did not implement the vote-by-mail procedure during previous elections, such as the March 26 primary.

“I cannot prove it, but the general impression in the community is that the defendant is attempting to influence the outcome of these incorporation elections,” say court documents signed by Meadows and Latimer.

Donahue dismissed the claim, saying in an interview, “I have no interest in what happens out there.”

The two-year state law extending the authority over elections to the auditor ends June 9, 1996.

Further worrying proponents is a a 10-day window, beginning on April 26, during which ballots must be mailed to voters. Proponents argue that because the time to appeal the Boundary Review Board’s final decision does not expire until April 22, it leaves them only four days to campaign.

“We’re pinning all of our hopes on getting a judge that sees it our way,” Meadows said.

, DataTimes