REID v. DALTON

No. 22026-5-III.

100 P.3d 349 (2004)

Kathy REID and Stephen K. Eugster, Appellants, v. Vicky DALTON, Spokane County Auditor and Spokane County Elections Supervisor; Phil Harris, candidate for political office; Sam Reed, Secretary of State of the State of Washington, Respondents, Louise Chadez, candidate for political office, Additional Party.

Court of Appeals of Washington, Division 3, Panel Eight.

November 9, 2004.


Attorney(s) appearing for the Case

Stephen K. Eugster, Eugster Law Offices PSC, Francis A. Malone, Attorney at Law, Spokane, WA, for Appellants.

Thomas P. Keefe, James H. Kaufman, Attorney at Law, Frank Conklin, Attorney at Law, Spokane, WA, Jeffrey T. Even, Office of Attorney General, Olympia, WA, for Respondents.


SWEENEY, A.C.J.

This is a challenge to an election result by way of a purported declaratory judgment action challenging the constitutionality of Washington's former blanket primary system. We agree with the trial judge that the losing candidate, Stephen K. Eugster, lacked standing to raise the challenge, and that his action was not timely even if he had standing. And we affirm the dismissal of the action as frivolous and award fees on appeal.

FACTS

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