What Is an Election Contest?
An election contest is not a recount or a simple request for a do-over. It is a formal lawsuit filed in Superior Court after election results have been officially certified. This legal action challenges the right of a winning candidate to take office or the certified outcome of a ballot measure. Unlike a recount, which focuses on re-tallying votes, a contest alleges specific legal violations occurred that call the result into question. This is a serious legal proceeding governed by state law, specifically the Revised Code of Washington (RCW), and requires a high standard of proof.
Who Can File a Contest and When?
Any registered voter in the state can initiate an election contest. The timeline for doing so is extremely strict. For local elections, an affidavit must be filed in court
within 10 days of the official vote certification. For state and federal offices, the deadline is also tight, typically falling shortly after the statewide certification of results. For general elections, county canvassing boards certify results 21 days after the election. Missing this narrow window will almost certainly lead to the court dismissing the case, regardless of its merits. Because of the short deadlines and complex legal requirements, acting quickly is essential.
What Are the Legal Grounds for a Contest?
You cannot contest an election simply because you are unhappy with the result. Washington state law provides a specific and limited set of reasons, or 'causes,' for a challenge. According to RCW 29A.68.020, these are the primary grounds: misconduct by an election officer; the winning candidate was not eligible for the office at the time of the election; the winner was previously convicted of a felony and had their civil rights not yet restored; the winner bribed or rewarded a voter or election official to win; or the outcome was affected by 'illegal votes'. 'Illegal votes' has a specific legal meaning, such as a person voting more than once, and does not include votes cast by improperly registered voters who were not formally challenged prior to the election.
The Process: From Affidavit to Courtroom
To start a contest, the challenger (the 'contestant') must file a sworn statement, known as an affidavit, with the Superior Court of the appropriate county. This affidavit must clearly state the contestant's name, their status as a registered voter, the name of the person whose right to office is being contested (the 'contestee'), the office in question, and, most importantly, the specific legal grounds for the challenge. The court then sets a hearing date. The contestee is formally notified and has the right to respond. The case proceeds like other civil actions, where both sides can present evidence and arguments. The burden of proof is on the person bringing the contest to prove their allegations.
What Are the Potential Outcomes?
If the person who filed the contest fails to prove their case, the court will dismiss it, and the original election result stands. If the court finds that the allegations are true and that the violation was significant enough to change the outcome or cast substantial doubt on it, it has several options. The court can declare a different person the winner, nullify the election for that office entirely (creating a vacancy), or order some other remedy it deems appropriate. The court's decision can also be appealed to a higher court, such as the Washington Supreme Court. Ultimately, the goal of the process is not just to resolve a dispute but to uphold the integrity of the election itself.
