In re the Recall of West

Summary

The Washington Supreme Court affirmed a superior court order allowing a recall effort against Spokane Mayor James E. West to proceed. The court held that the superior court acted within its authority in correcting the ballot synopsis and that the allegations of misfeasance were factually and legally sufficient for submission to voters.

Holdings

1. The superior court acted within its authority when it corrected the ballot synopsis to include dates and other pertinent factual details supported by supplemental materials.
2. The recall charge was factually sufficient because, read broadly as a whole and in favor of the voter, it identified facts supporting an inference that Mayor West offered the assistance of his office in obtaining an internship to promote a potential sexual relationship.
3. A recall petition's alleged factual insufficiency may, in the trial judge's sound discretion, be cured by considering supplemental documentation if the elected official has sufficient actual notice to meaningfully respond to the supported factual allegations.
4. The charge was legally sufficient because it alleged substantial conduct clearly amounting to misfeasance, and the corrected synopsis did not impermissibly change the gist of the original charge.

Questions Presented

1. Whether the superior court acted within its statutory authority by correcting the ballot synopsis with factual details drawn from supplemental materials.
2. Whether the recall charge was factually sufficient to proceed to the voters.
3. Whether the recall charge was legally sufficient because it specifically alleged substantial conduct amounting to misfeasance.
4. Whether supplemental documentation could be considered to cure factual insufficiency in a recall petition when the elected official had sufficient notice to respond.

Disposition

affirmed