Ballots are loaded into a tray at the Snohomish County Elections Ballot Processing Center on Aug. 4, 2020, in Everett. (Andy Bronson / Herald file)

Ballots are loaded into a tray at the Snohomish County Elections Ballot Processing Center on Aug. 4, 2020, in Everett. (Andy Bronson / Herald file)

Lawsuits claim 2020 ballots in Washington were manipulated

Plaintiffs argue in Snohomish County and elsewhere — without evidence — that machines “obviously are not working.”

EVERETT — Those still convinced fraud and irregularities plagued the 2020 election are turning to courts throughout Washington for help.

In recent days, lawsuits have been filed in Snohomish, Whatcom and Clark counties alleging auditors used uncertified voting equipment and manipulated thousands of ballots in an unspecified statewide race last year.

Each suit seeks a “full forensic audit” conducted in the same manner, and with the same technology, as one carried out in Arizona earlier this year — which has thus far yielded no evidence of widespread fraud.

The legal pursuits in this state, expected to expand to more counties this week, are steered by Washington Election Integrity Coalition United, the lead plaintiff in the suits, and whose leader, Tamborine Borrelli of Gig Harbor, has crisscrossed the state in search of residents willing to join the effort.

One of those stops, on Aug. 15, was at a Snohomish church for an unofficial public hearing at which voters and others testified about fraud and irregularities they witnessed or experienced. State Rep. Robert Sutherland, R-Granite Falls, helped organize the event, along with four other Republican lawmakers. He later emailed some attendees with a direct pitch seeking participants for an upcoming lawsuit.

Twenty-eight people from throughout Snohomish County wound up signing on as plaintiffs in the lawsuit filed Sept. 16 in Snohomish County Superior Court against Auditor Garth Fell. And they all are serving as their own lawyers.

“I’m not personally alleging that there has been any specific impropriety. I am not out there alleging massive fraud and they need to overturn the election,” said Art Coday of Woodinville, a Republican who ran unsuccessfully for state Senate last year. “I just want to see a more robust and transparent system in place with out elections. A forensic audit would go a long ways to reassure people things are as they should be.”

The notion of needing to reassure people of the integrity of elections is a mantra of former President Donald Trump. And it is gaining volume among his loyalists in spite of the absence of credible proof of widespread fraud. Moreover, a series of previous legal attempts to challenge the results failed.

Susan Mischel of Stanwood said she isn’t claiming to have seen or experienced illicit activity. Still, she and her husband, Jim, who are regular donors to GOP candidates, joined as plaintiffs because “we just felt let’s get it as honest as we can.”

“Everybody wants honesty and integrity in the elections, whether you are Republican or a Democrat,” she said. “The machines obviously are not working.”

Auditor Fell declined to comment on the specific allegations, deferring to county lawyers.

“We’re reviewing the complaint. We are aware that there are other counties named in similar lawsuits,” said Jason Cummings, chief civil deputy prosecutor for the county. “We’re disappointed that the themes of the Arizona auditing factions are trying to make their way into Washington.”

The suits are largely similar but not identical in content. For example, Fell is accused of using uncertified voting equipment, but the Clark County auditor is not.

Otherwise, in each suit, the auditor is alleged to have “engaged in wrongful acts, errors and/or neglect of duty” by allowing or facilitating “electronic manipulation of the voting results.”

In this May 6 photo, Maricopa County ballots cast in the 2020 general election are examined and recounted by contractors working for Florida-based company Cyber Ninjas at Veterans Memorial Coliseum in Phoenix. (AP Photo/Matt York, Pool, File)

In this May 6 photo, Maricopa County ballots cast in the 2020 general election are examined and recounted by contractors working for Florida-based company Cyber Ninjas at Veterans Memorial Coliseum in Phoenix. (AP Photo/Matt York, Pool, File)

The suits contend that approximately 6,000 votes were flipped and more than 400,000 were added or removed in one or more statewide races “before, during and/or after the Election.” They argue a portion of that occurred in the county where each suit is filed.

In the Snohomish County lawsuit, plaintiffs say the election integrity group filed a public records request in August for copies of actual ballots and were denied. They want judicial intervention to obtain the ballots for review.

“Defendants must be compelled to comply” with the public records request, “not only because the documents requested are public records, but also to prove (or disprove) the allegations herein,” the lawsuit states.

The lawsuit asks the court to unseal the ballots as the election integrity group “stands ready, willing and able” to have Jovan Hutton Pulitzer conduct a forensic audit using the kinematic artifact detection technology he designed and deployed in Arizona.

Pulitzer, a favorite among election-fraud conspiracy theorists, claims the technology can determine if a human or machine marked a ballot and if a piece of paper has been handled, folded or processed in the mail.

The litigation didn’t surprise Secretary of State Kim Wyman, a Republican.

“This is the new reality on the ground for election administrators,” she said. “It doesn’t matter how wide a margin in the results. You call everything into question and it undermines the validity of everything in the process.”

Neither here nor elsewhere is anyone discussing the extensive audit trail compiled by local auditors, Wyman said. Nor are they requesting to see the logs used to track the flow of ballots from their arrival to their tabulating. Rather, she said, they allege fraud and “felony level crimes.”

“All these allegations and I’ve yet to see anything brought to a prosecuting attorney or the FBI that we could actually respond to,” she said.

Jerry Cornfield: jcornfield@heraldnet.com; 360-352-8623

Talk to us

> Give us your news tips.

> Send us a letter to the editor.

> More Herald contact information.

More in Local News

LifeWise local co-directors Darcie Hammer and Sarah Sweeny talk about what a typical classroom routine looks like on Monday, April 14, 2025 in Everett, Washington. (Olivia Vanni / The Herald)
Everett off-campus Bible program draws mixed reaction from parents

The weekly optional program, LifeWise Academy, takes children out of public school during the day for religious lessons.

Protesters line Broadway in Everett for Main Street USA rally

Thousands turn out to protest President Trump on Saturday in Everett, joining hundreds of other towns and cities.

An EcoRemedy employee checks a control panel of their equipment at the Edmonds Wastewater Treatment Plant on Thursday, April 17, 2025 in Edmonds, Washington. (Olivia Vanni / The Herald)
Edmonds launches technology to destroy PFAS

Edmonds is the first city in the country to implement… Continue reading

Over a dozen parents and some Snohomish School District students gather outside of the district office to protest and discuss safety concerns after an incident with a student at Machias Elementary School on Friday, April 18, 2025 in Snohomish, Washington. (Olivia Vanni / The Herald)
Parents protest handling of alleged weapon incident at Machias Elementary

Families say district failed to communicate clearly; some have kept kids home for weeks.

Irene Pfister, left, holds a sign reading “Justice for Jonathan” next to another protester with a sign that says “Major Crimes Needs to Investigate,” during a call to action Saturday, April 12, 2025, in Arlington. (Aspen Anderson / The Herald)
Arlington community rallies, a family waits for news on missing man

Family and neighbors say more can be done in the search for Jonathan Hoang. The sheriff’s office says all leads are being pursued.

Mary Ann Karber, 101, spins the wheel during Wheel of Forunte at Washington Oakes on Tuesday, April 1, 2025 in Everett, Washington. (Olivia Vanni / The Herald)
Lunch and Wheel of Fortune with some Everett swinging seniors

She’s 101 and he’s 76. At Washington Oakes, fun and friendship are on the menu.

Snohomish firefighters appeal vaccine suspensions to Ninth Circuit

Despite lower court’s decision, eight men maintain their department did not properly accommodate their religious beliefs during COVID.

A Mitsubishi Electric heat pump is installed on the wall of a home on Sep. 7, 2023, near Langley, Washington. (Ryan Berry / The Herald)
Kicking Gas urges households to get in line for subsidies while funds last

The climate justice group has enough funding to aid 80 households with making the transition to heat pumps and electric ranges

Everett Fire Department’s color guard Jozef Mendoza, left, and Grady Persons, right, parade the colors at the end of the ceremony on Worker’s Memorial Day on Wednesday, April 23, 2025 in Everett, Washington. (Olivia Vanni / The Herald)
Snohomish County officials honor Worker’s Memorial Day

Work-related injuries kill thousands of people nationwide every year.

x
Edmonds to host open house for 2025 draft development code updates

The event will provide residents with information about middle housing and neighborhood centers and hubs.

Rep. Travis Couture, R-Allyn, speaks on the House floor in an undated photo. He was among the Republicans who walked out of a House Appropriations Committee meeting this week in protest of a bill that would close a facility in Pierce County for people with intellectual and developmental disabilities. (Photo courtesy of Legislative Support Services)
Republicans walk out after WA House committee votes to close center for people with disabilities

Those supporting the closure say that the Rainier School has a troubled record and is far more expensive than other options.

Cherry blossoms in bloom at the Washington state Capitol on April 18, 2025. (Photo by Jacquelyn Jimenez Romero/Washington State Standard)
Democrats in Washington Legislature wrap up budget negotiations

Democratic budget writers are done hashing out details on a new two-year… Continue reading

Support local journalism

If you value local news, make a gift now to support the trusted journalism you get in The Daily Herald. Donations processed in this system are not tax deductible.