The General Election of 2004 was a remarkable event in our state’s history.
The aftermath of that election is still playing out in a courtroom in Wenatchee.

The General Election has caused a close examination of our election system throughout the state, and particularly in King County. There have been many stories collected along the way about the conduct of voters and the performance of election workers.

Today you will hear two more stories, very personal stories, about voters who cast votes for themselves and on behalf of their spouses who had recently died.

This morning, Robert Holmgren and Doris McFarland, each pled guilty to the gross misdemeanor of violation of the Repeater Voter statute, which makes it a crime to vote more than once in any election.

In each case our recommendation to the court was for a one-year deferred sentence, upon the condition of payment of a $250 fine plus costs and no further law violations.
As a gross misdemeanor, the crime carries a maximum penalty of up to one year in jail and a $5,000 fine.

These two cases involve conduct which cannot be excused, but justice also calls for mercy.

The disposition today sends an important message to all voters that our system is dependent upon the honor of its participants, and those who cheat may wind up in court explaining it to a judge.

At the same time, today’s disposition recognizes that these people made a human mistake during a time of grieving. The extra votes cast by these people were in honor and remembrance of their recently deceased spouse.

The motivation in these cases was not to throw an election, but to remember a loved one.

Our response is a measured one, recognizing that the defendants are good and honorable people, acting out of love and grief, who made a mistake, then quickly admitted it and accepted responsibility.

Robert Holmgren, who is 59 years old, and his wife Charlette were married for 40 years when she passed away in late September 2004. Thirteen days after she died, two absentee ballots were sent to the Holmgren residence, one for Robert and one for Charlette.

Mr. Holmgren voted his late wife’s ballot, signed her name to the outer envelope and mailed it in, along with his own completed ballot, on November 1st.

He freely stated to an investigator from the Sheriff’s office that he voted for his late wife as a way to pay her tribute, and carry out wishes that she had expressed to him prior to her death.

Doris McFarland is 83 years old. Her husband Earl McFarland passed away on October 7th , 2004 at the age of 92. When Earl’s absentee ballot for the General Election arrived at their home five days after he died, Doris filled it out and signed her late husband’s name to the back of the envelope, then mailed it back. She did the same with her own ballot.

The two McFarland ballots arrived at the Elections Division prior to the general election and were processed and counted.

In each case the ballot was counted despite the forged signatures.

The cases came to light when members of the media compared the county’s vital statistics reports, listing deaths within the County, with elections reports crediting voters with voting. While these are the first two cases to be completed, I anticipate that about five more will be developed within a couple weeks. Still others are in initial stages of investigation.

I want to thank the King County Sheriff’s Office for taking these violations seriously and devoting the time of one of their fine detectives, Det. Chris Johnson, to put these cases together.

I should also note that the 2005 Legislature, in passing an omnibus election reform bill, reviewed the criminal statute that we are using today. The bill passed by the Legislature and signed by the Governor, Senate Bill 5499, makes the crime of intentionally voting more than once a class C felony, instead of a gross misdemeanor.

The old joke “vote early and vote often” is no joke in Washington State.

From now on, voting twice is a felony, no matter what your motivation.

Washington Repeater Voter Statutes:

Current:

RCW 29A.84.650
Repeaters.

Any person who votes or attempts to vote more than once at any primary or general or special election is guilty of a gross misdemeanor, punishable to the same extent as a gross misdemeanor that is punishable under RCW 9A.20.021. (up to one year and $5,0000 fine)

ESSB 5499
New law: Effective July 24, 2005

Sec. 24 RCW 29A.84.650 and 2003 c 111 s 2131 are each amended to read as follows:
(1) Any person who intentionally votes or attempts to vote in this state more than once at any ((primary or general or special)) election, or who intentionally votes or attempts to vote in both this state and another state at any election, is guilty of a ((gross misdemeanor, punishable to the same extent as a gross misdemeanor that is punishable under RCW 9A.20.021)) class C felony.
(2) Any person who recklessly or negligently violates this section commits a class 1 civil infraction as provided in RCW 7.80.120.

See Also: Charges Filed in Repeat Voting Cases

Dated: June 2, 2005