In re Recall of Kelley
| Docket Number | 91843-1 |
| Decision Date | 03 March 2016 |
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4 cases
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In re Fortney
... ... It is the voters who must act as fact finders. In re Recall of West , 155 Wash.2d 659, 662, 121 P.3d 1190 (2005). Our judicial gatekeeping function ensures public officials are not subject to "frivolous or unsubstantiated charges." In re Recall of Kelley , 185 Wash.2d 158, 163, 369 P.3d 494 (2016). We therefore review petitions simply to determine if they are "legally and factually sufficient." In re Recall of Boldt , 187 Wash.2d 542, 548, 386 P.3d 1104 (2017). 196 Wash.2d 772 9 A recall petition is factually sufficient if the facts establish ... ...
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In re Inslee
... ... Wasson, 149 Wash.2d at 791, 72 P.3d 170. West made general allegations that Governor Inslee has 451 P.3d 310 a residence on Bainbridge Island and an office in Washington, D.C. See Appellants Opening Br. at 39-40; see also In re Recall of Kelley, 185 Wash.2d 158, 165, 369 P.3d 494 (2016) (finding a charge that an official did not reside in Olympia factually insufficient for failing to provide proof of residency violations). 20 Second, West presents no evidence that the governor intended to violate article III, section 24. While some ... ...
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In re Inslee
... ... Id. The burden of establishing that the charges alleged in the recall petition are both legally and factually sufficient falls on the proponent of the recall. In re Recall of Kelley , 185 Wash.2d 158, 163, 369 P.3d 494 (2016). 14 An allegation is factually sufficient if the petition gives " 'a detailed description " of how and when the elected official engaged in unlawful conduct, " including the approximate date, location, and nature of each act " that constitutes a prima ... ...
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In re Durkan
... ... The petitioners do not cite any case allowing recall charges to go forward on such a basis. The petition is factually insufficient "because it does not state any specific facts regarding how [Mayor Durkan] deficiently performed [her] duties." In re Recall of Kelley , 185 Wash.2d 158, 169, 369 P.3d 494 (2016) (emphasis added). 196 Wash.2d 669 36 Certainly, had Mayor Durkan refused to act at all, "simply turning a blind eye," such a complete failure to act might be sufficient to support a recall election. Reply Br. of Cross-Appellant at 1. See In re ... ...