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Randy Boss contemplates write-in candidacy in Pierce County Council’s 7th District

Post by Kris Sherman / The News Tribune on Sep. 1, 2010 at 6:47 pm with 13 Comments »
September 1, 2010 6:53 pm

Pierce County Council Candidate Randy Boss, who came in fifth in an eight-candidate race in the 7th Councilmanic District, is contemplating a write-in campaign in the Nov. 2 General Election.

Randy Boss

First, he must overcome a ruling from the county prosecutor’s office – backed by Pierce County Auditor Julie Anderson – that even if people write his name in on the ballot, the votes won’t count.

Boss, a commercial real estate broker and longtime community activist on the Gig Harbor peninsula, said this afternoon it’s a matter of free speech – and he believes the law is on his side. If people want to write in his name and if they do, he thinks their votes should be counted.

Although he called the law “ambiguous,” Boss said he believes a careful reading will prove it’s in his favor.

Anderson, citing a ruling from the Pierce County prosecutor’s office, told Boss in an e-mail exchange that state law won’t allow write-in votes for him to be counted. If you run and lose in the primary, you can’t get elected as a write-in candidate in the general, Anderson told Boss.

According to primary election results certified by the auditor’s office this afternoon, Boss came in fifth, behind Stan Flemming, Betty Ringleee, Todd Iverson and Bill Sehmel.

As the top two primary election vote-getters, Flemming, a University Place Republican, and Ringlee, a Gig Harbor area Democrat, are to face each other in the Nov. 2 general election

Boss, a Republican, said he doesn’t think those two candidates give peninsula residents a good shot at the representation they deserve on the County Council.

“Eight people ran, and the votes were peanut-buttered all over the place,” he said.

Here’s how the field finished:

Flemming: 6,425 votes, 22.5 percent

Ringlee: 4,670 votes, 16.35 percent

Todd Iverson (D): 4,276 votes, 14.97 percent

Bill Sehmel (R): 4,116 votes, 14.41 percent

Boss: 3,833 votes, 13.42 percent

Chuck West (D): 2,425, 8.49 percent

Larry Wingard (R): 1,869 votes, 6.54 percent

John Picinich (Independent): 946 votes, 3.31 percent

In replies to Boss’ questions about his eligibility to run as a write-in in the general election, Anderson cited two sections of state law – RCW 29A.24.311 and RCW 29A.60.021.

“Randy, you filed as a regular candidate for Pierce County Council in the August 17, 2010 primary election and your name appeared on the primary election ballot,” Anderson wrote.

“Accordingly, RCW 29A.60.021 and WAC 434-262-160 prohibit the Pierce County Auditor’s Office and the canvassing board from counting any write-in votes cast for you as a candidate for Pierce County Council,” she continued.

The county prosecutor’s office and the Secretary of State’s office agree on the interpretation of the law, Anderson wrote.

Then she added, “Hope this helps, even though it was not the answer you hoped for. ”

Boss, sees things differently.

He cites a portion of the state law dealing with the mechanics of write-in voting and how such votes should be counted as proof that he’s right.

“The County nor the state has no authority to ignore this law..,” he wrote in an e-mail to the newspaper.

Boss said he’s asked his own attorney to study the law. If his lawyer agrees with his own reading, Boss will hold a community meeting to discuss his candidacy and likely mount a fast and furious six-week write-in campaign, he said.

He expects to get his own attorney’s opinion by Friday.

Leave a comment Comments → 13
  1. jimkingjr says:

    As usual, Randy Boss doesn’t think the laws that apply to everyone else should apply to him. It is called the “sore loser” law for a reason- and it most definitely applies to Randy Boss.

  2. randyboss says:

    Read the law yourself…

    RCW 29A.24.311 Votes cast for write-in candidates who have filed such declarations of candidacy and write-in votes for persons appointed by major political parties pursuant to RCW 29A.28.021 need only specify the name of the candidate in the appropriate location on the ballot in order to be counted. Write-in votes cast for any other candidate, in order to be counted, must designate the office sought and position number or political party, if the manner in which the write-in is done does not make the office or position clear.

    As I will not file a declaration of candidacy I will qualify as “any other candidacy” and the law specificallt states that “Write-in votes cast for any other candidate, in order to be counted…..” need only identify the position they are running for. The law is clear. They must count the votes…..

  3. TacomaBorn says:

    Hoooooray for Mr. Boss! Of course I am happy to “write in” you name and vote for you in the general election. You are certainly the right person for the job. Honest, hard-working, smart and the voice of the people !

  4. rusirius says:

    Randy, don’t go away angry. Just Go Away.

  5. jimkingjr says:

    Randy- you have to read ALL of the laws, including the ones that say you are a sore loser and votes for you won’t count.

    Why not have all of the losing candidates run as write-in so you can place a poor fifth again? Get the message, fool.

  6. Mr. Boss’s 9/1 blog entry does not tell the whole story. Check out RCW 29A.60.021 (warning: the link in the article takes you to a different statute), which clearly says the statute Mr. Boss is relying upon does not apply to his situation: “No write-in vote made for any person who has not filed a declaration of candidacy pursuant to RCW 29A.24.311 is valid if that person filed for the same office, either as a regular candidate or a write-in candidate, at the preceding primary.”

  7. cinverso says:

    It was a pleasure meeting Randy during his campaign and I proudly supported him. Percentages can be deceiving. When I looked at the actual numbers I was surprised to see how close the election truly was. If the law provides and opportunity for him run as a write-in I would wholeheartedly support his candidacy a second time around. His no nonsense approach to government, individual rights, and safety for family and communities is exactly what we need on the county council.

  8. More importantly what does “the votes were peanut-buttered all over the place” mean?

  9. Flanagan says:

    He’ll have my vote if possible. He’s relentless in the pursuit of fairness.

  10. cougarfan75 says:

    I’m thankful I don’t have to deal with this clown’s antics (live in an area that he can’t screw up). I blame him for delays in getting the new Narrows Bridge built and allowing his “community activism” to increase the overall costs of building the bridge. Thanks Mr. Boss for having the short-sightedness to see how much better life is with the new Narrows Bridge and adding unnecessary extra costs that are now passed on to users. Enjoy your peanut-butter candidate Gig Harbor.

  11. headedsouth says:

    Boss – so typical of your antics over the years. Go get a real job once and for all. Your big strip mall project in Gig Harbor bombed as did your run for the legislature and now county council. You are the reason people hate politics.
    You have no morals or pride. Heck, you didnt even get enough votes to beat Todd Iverson. YOu are a cockroach!

  12. randyboss says:

    I want to thank the hundreds of supporters who have taken the time to actually e-mail and call encouraging me to stick with this write-in effort. I expect an answer regarding the legality of “write-in” votes this next week end and will decide to proceed based on my attorney’s opinion based on the law.

    Those of us who live west of the Narrows Bridge understand the dynamics of our community and I don’t expect others to even care very much about us over here. We need strong and dynamic representation at the Council level from a problem solver that lives here. That’s why I ran in the first place. 80% of the votes cast in the 7th District race were for candidates that live west of the bridge. That’s 22,000 of the 28,000 votes cast.

    Reply to cougarfan75 – My “clown antics” did delay the bridge by two years while the people of Council District 7 contributed over $200,000 dollars to allow our lawyers to take the illegal bridge project through to the State Supreme Court TWICE! It was widely reported at the time that the court victory saved over $350,000,000. I was also responsible for changes that provided 4 lanes on each of the bridges (actually solving the congestion problem) and have (almost single handedly) insured that the tolls have stayed flat for over 3 years. I did all of this without any help from you cougarfan75. Next time get your facts straight before you start throwing rocks. Better yet – do something for your part of the world and get involved…….make a difference…….

    Reply to headedsouth – I get up everday unemployed as a Real Estate Broker and actually work 12 hours (at my desk) to “CREATE BUSINESS”. That’s about as real a job as there is. When I take time away from that job to work on behalf of the community that I live in and love I’m sacraficing my quality of life (and that of my family) in the short run for the betterment of of my community in the long run. I’m extremely proud of my “antics” that have led to major improvements to the Narrows Bridge, the Cushman Trail, the Tacoma Narrows Airport, the creation of the Peninsula Metropolitan Park District, the Burley Olalla interchange on SR16 and my continued work on solving the Purdy Bridge congestion. I “self funded” by campaign to run for the County Council whereas Todd Iverson bought his votes with $23,000 of union funds – none of his own money. Finally – throwing personal slurs never helps finding a middle ground solution to any problem.

    Randy Boss

  13. speakout says:

    Just because they passed another RCW does not mean it will pass the test, there are a lot of bad laws, unconstitutional laws still in effect only because they have never been properly challenged. After reading the ones listed I find them both most offensive and a violation of our Rights. Plus the only prevent him from begging official permission to be listed, not the Peoples votes being counted no matter who they write in that space provided. The only votes they can legally refuse to count are if the person is NOT a legal registered voter. Every vote must be counted by law, just too bad the government won’t abide by that, especially in King County where they never count all the votes.
    Stay the course Randy and remember ” Illegitimati non carborundum “

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