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Wash. Supreme Court published opinion — 1052537.pdf

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Wash. Supreme Court published opinion — 1052537.pdf
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Washington (state)
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“Legal sufficiency” “means the charge must define substantial conduct clearly

amounting to misfeasance, malfeasance or a violation of the oath of office.” Id.

(citing In re Recall of Anderson, 131 Wn.2d 92, 95, 929 P.2d 410 (1997)). A charge

is legally insufficient if an elected official appropriately exercised the discretion

granted to them by law. Ackerson, 143 Wn.2d at 371 (citing Chandler, 103 Wn.2d

at 274).

If the petition alleges that an official violated the law, the facts must indicate

that the official intended to violate the law. In re Recall of Telford, 166 Wn.2d 148,

158, 206 P.3d 1248 (2009) (citing In re Recall of Carkeek, 156 Wn.2d 469, 128 P.3d

1231 (2006)). “Voters may draw reasonable inferences from the facts alleged; the

fact that reasonable conclusions and inferences have been drawn by the petitioner is

not fatal to the sufficiency of the allegations.” Carkeek, 156 Wn.2d at 473-74 (citing

Chandler, 103 Wn.3d at 274).

We evaluate the sufficiency of a recall petition de novo. In re Recall of

Sawant, 197 Wn.2d 420, 426, 483 P.3d 752 (2021) (citing Teaford v. Howard, 104

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In re Recall of William O’Neil et al., No.105253-7

Wn.2d 580, 590, 707 P.2d 1327 (1985)). We conduct that review knowing that the

right to recall is guaranteed not just by statute, but by the state constitution. Our role

is limited: we have the duty to verify that the charges are factually and legally

sufficient on the face of the petition. Id. at 427, 425. We do not need to evaluate the

truthfulness of the charges. Id. at 425. In other words, “[i]n recall cases, courts do

not consider the truth of the charges, only the sufficiency.” Inslee, 194 Wn.2d at 567

(citing RCW 29A.56.140; In re Recall of Lindquist, 172 Wn.2d 120, 131-32, 258

P.3d 9 (2011)).