On September 23, Washington state Democrats filed a lawsuit in state court against the Secretary of State, who plans to print “Prefers GOP” on the November ballot next to the name of Dino Rossi, one of the two ballot-listed candidates for Governor. The lawsuit alleges that the Secretary of State should print “Prefers Republican” instead. It is common knowledge that Rossi is a Republican. Here is the complaint.
The law says candidates are free to say which political party they prefer, and furthermore the law says any group is a political party. A major party is one that polled 5% in the last election, but a minor party is any organization that is not a major party. The lawsuit also faces procedural hurdles. The Secretary of State says it should have been filed back in June, when the list of candidates and their preferences was made public. The case is Smith v Reed, in King County Superior Court, 08-2-33009-5. It has a hearing Friday, September 26, at 9 a.m., before Judge Eadie.
A poll (which is hard to believe) shows that when Rossi is listed as a Republican, he trails by 10%; but when he is listed as “GOP”, he is ahead by 4%.