State's top court says no to recall effort

There will not be a recall election against three Skagit County officials.

The Washington state Supreme Court ruled unanimously against Cody Hart Aug. 29, finding the charges in his petitions against Prosecuting Attorney Richard Weyrich, Auditor Sandra Perkins and Sheriff Donald McDermott to be legally and factually insufficient. The nine judges concluded Hart’s petition failed “to specify substantial conduct clearly amounting to misfeasance, malfeasance or violation of the oath of office” as he alleged.

Hart had lost in Snohomish County Superior Court, where he contended the three officials had vacated their offices by their failure to file their official bonds with the Skagit County Clerk’s Office before their new term began on January 1, 2023.

Hart also accused the three of taking their oaths of office before posting the required bond and misappropriation of public funds. Weyrich and Perkins were also charged with violating federal and state election laws in the February 2019 special election relating to military and overseas voters, ballot boxes, provisional ballots and the canvassing board oath and manual.

Weyrich and McDermott were also charged with refusing to accept criminal complaints against Skagit County officials.

Perkins was charged with federal and state law for her directing election employees to destroy video records in 2020 and having them obstruct election observers in 2022.

The court found that all charges made were “legally and factually insufficient.” It also ruled many charges were not “specific enough to provide the elected officials with meaningful notice of the alleged conduct warranting recall.”

A common theme in the court’s analysis was Hart’s failure to show that any of the officials acted intentionally, that he failed to provide evidence of the false statements made by officials and he did not establish criminal violation of the law.

Hart had filed his recall petitions in October 2023. Ballot synopses for the recalls were written by a state deputy solicitor general since Weyrich was facing being recalled. After the Skagit County Superior Court approved the ballot synopses, the case was heard by Snohomish County Superior Court Judge William Steffener. He ruled all charges were legally and factually insufficient for a recall.

Hart appealed the case to the state’s Supreme Court. In her opinion, Justice Barbara Madsen wrote, “More than a simple belief that the charges are true is required.”

The Sedro-Woolley resident is a self-identified MAGA Republican running for the 2nd U.S. Congressional District seat.

McDermott and Perkins ran as Democrats in 2022 and Weyrich listed no party preference in that election.