Case: Washington Election Integrity Coalition United v. Anderson

3:21-cv-05726 | U.S. District Court for the Western District of Washington

Filed Date: Sept. 21, 2021

Closed Date: Sept. 30, 2022

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Case Summary

A Washington state non-profit organization, Washington Election Integrity Coalition United (WEiCU), and fifteen Pierce County voters, filed suit in state court in Pierce County, Washington, challenging the election administration of the 2020 election by Pierce County Auditor Julie Anderson. The Plaintiffs sought access to already voted ballots and to conduct a thorough review of the voted ballots. The complaint alleged that the Pierce County Auditor used an uncertified voting system, allowed el…

A Washington state non-profit organization, Washington Election Integrity Coalition United (WEiCU), and fifteen Pierce County voters, filed suit in state court in Pierce County, Washington, challenging the election administration of the 2020 election by Pierce County Auditor Julie Anderson. The Plaintiffs sought access to already voted ballots and to conduct a thorough review of the voted ballots. The complaint alleged that the Pierce County Auditor used an uncertified voting system, allowed electronic manipulation of results (vote flipping, additions, and/or deletions), tracked party preference (specifically Republican voters), linked ballots to voters’ political affiliation, and used open ballot sleeves instead of the required security envelopes, allegedly violating state election statutes and the Washington and U.S. Constitutions. The individual plaintiffs sought declaratory relief, injunctive relief, and damages under §§ 1983 and 1988. WEiCU sought an injunction to permit the Plaintiffs to unseal and produce ballots and related materials under the Public Records Act (PRA), seeking access to ballot images and envelopes and to conduct a full forensic audit of all voted ballots. Defendants removed the case to the Western District of Washington on October 1, 2021, invoking federal‑question jurisdiction based on the federal constitutional and § 1983 claims.

After removal, Defendants moved to dismiss the individual plaintiffs’ claims under Rules 12(b)(1), (2), (4), (5), and (6), claiming the plaintiffs did not have Article III standing, did not properly serve Anderson, and failed to state any federal or state claim. They filed a Rule 12(b)(6) motion to dismiss WEiCU’s PRA claim, arguing that Washington’s ballot‑secrecy and election‑record statutes bar voted ballots and ballot images from disclosure, and contended that the PRA authorizes suit only against agencies, not the Auditor herself. The Plaintiffs sought to return the case to state court, arguing that state‑law claims predominated the case, rather than the federal claims — thus removal to federal court was procedurally incorrect. The Washington State Democratic Central Committee (WSDCC) moved to intervene as a defendant, arguing that the Plaintiffs' claims were one of a series of nearly identical suits they had filed against multiple Washington counties, asserting an interest in protecting and not disturbing the certification of the 2020 election.

On September 30, 2022, Judge King issued an order denying WEiCU’s motion to remand, granting Defendants’ motions to dismiss, and denying WSDCC’s motion to intervene. The court held that the individual plaintiffs lacked Article III standing because they alleged generalized grievances about election administration, speculative vote dilution, and secrecy harms. To have standing they would have had to contend concrete, particularized injuries to their own votes. They did not claim that their ballots were not counted or counted differently from other voters, or were treated less favorably than other voting groups. The court declined supplemental jurisdiction over the individual plaintiffs’ state‑law claims because the Constitutional and §1983 claims were dismissed. The court applied the Ninth Circuit’s Futility Doctrine and declined to send the case back to state court. The court stated that other Washington state courts had dismissed substantively identical WEiCU election‑contest suits based on standing, timeliness, and merits grounds and in some instances had deemed these cases as frivolous.

The court found that WEiCU's PRA claim was barred by Washington’s Other Statute exemption. The court also found that ballots should remain sealed and can be accessed only in statutorily permissible circumstances like canvassing, recounts, random checks, audits, or a court‑ordered election contest, which were not applicable to the instant case. Ultimately, the Court found no basis to recognize a new PRA right to a forensic audit of ballots, and rejected the Plaintiff's claims that state law permitted or required broader access rights to voted ballots. The court denied the motion to remand, dismissed all claims without prejudice, and dismissed the case based on both jurisdictional and state law grounds. 

Summary Authors

Alex Smith (1/19/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/60607099/parties/washington-election-integrity-coalition-united-v-anderson/


Attorney for Plaintiff

Baltmiskis, Gregory (Washington)

Creekmore, Yancey (Washington)

Attorney for Defendant

Almon-Griffin, Reina A (Washington)

Arora, Nitika (Washington)

Beane, Amanda J. (Washington)

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Documents in the Clearinghouse

Document
41

3:21-cv-05726

Defendants’ Reply to Plaintiff Tooker’s Opposition to Motion to Dismiss (Dkt 11)

Washington Election Integrity Coalition United et al. v. Julie Anderson et al.

Nov. 22, 21

Nov. 22, 21

Other
1-2

3:21-cv-05726

Verified Complaint for Equal Protection; Violation of Civil Rights, Equitable Relief; Injunctive Relief; Declaratory Relief; Public Records Action to Compel Ballot Production

Oct. 1, 2021

Oct. 1, 2021

Complaint
8

3:21-cv-05726

Proposed Intervenor-Defendant Washington State Democratic Central Committee’s Motion to Intervene

Washington Election Integrity Coalition United, et al. v. Julie Anderson, Pierce County Auditor, et al.

Oct. 6, 2021

Oct. 6, 2021

Pleading / Motion / Brief
11

3:21-cv-05726

Defendants’ Motion to Dismiss

Washington Election Integrity Coalition United et al. v. Julie Anderson et al.

Oct. 13, 2021

Oct. 13, 2021

Pleading / Motion / Brief
30

3:21-cv-05726

Defendants' Motion to Dismiss Weicu's Complaint

Oct. 28, 2021

Oct. 28, 2021

Pleading / Motion / Brief
56

3:21-cv-05726

Order on Motion to Remand AND Order on Motion to Dismiss for Failure to State a Claim AND Order on Motion to Dismiss for Failure to State a Claim AND Order on Motion to Intervene

Washington Election Integrity Coalition United et al. v. Julie Anderson et al.

Sept. 30, 2022

Sept. 30, 2022

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/60607099/washington-election-integrity-coalition-united-v-anderson/

Last updated April 9, 2026, 5:38 a.m.

ECF Number Description Date Link Date / Link
1

NOTICE OF REMOVAL from Pierce County Superior Court, case number 21-2-07551-9; (Receipt # AWAWDC-7274223) Attorney Daniel R. Hamilton added to party Julie Anderson(pty:dft), Attorney Daniel R. Hamilton added to party Pierce County(pty:dft), filed by Julie Anderson, Pierce County. (Attachments: # 1 Civil Cover Sheet, # 2 Complaint, # 3 Summons)(Hamilton, Daniel) (Additional attachment(s) added on 10/18/2021: # 4 Jury Demand) (MW). (Entered: 10/01/2021)

2

View on Clearinghouse

Oct. 1, 2021

Oct. 1, 2021

8

MOTION to Intervene Attorney Reina A Almon-Griffin added to party Washington State Democratic Central Committee(pty:intvd), filed by Intervenor Defendant Washington State Democratic Central Committee. Oral Argument Requested. (Attachments: # 1 Proposed Order, # 2 Exhibit A (Proposed Answer), # 3 Exhibit B (Podlodowski Decl), # 4 Exhibit C (Bean Decl), # 5 Exhibit D (Motion to Dismiss)) Noting Date 10/22/2021, (Almon-Griffin, Reina) (Entered: 10/06/2021)

Oct. 6, 2021

Oct. 6, 2021

Clearinghouse
11

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, filed by Defendants Julie Anderson, Pierce County. (Attachments: # 1 Proposed Order) Noting Date 11/12/2021, (Hamilton, Daniel) (Entered: 10/13/2021)

Oct. 13, 2021

Oct. 13, 2021

Clearinghouse
15

MOTION to Remand 3:21-cv-05726-RAJ, filed by Plaintiff Kevin Lee Schmadeka. Noting Date 10/29/2021, (Schmadeka, Kevin) (Entered: 10/14/2021)

Oct. 14, 2021

Oct. 14, 2021

17

MOTION to Strike Notice of Removal, filed by Plaintiff Washington Election Integrity Coalition United (submitted pro se). (Attachments: # 1 Proposed Order)(MW) (Entered: 10/15/2021)

Oct. 14, 2021

Oct. 14, 2021

Clearinghouse

NOTICE TO THE PARTIES: The Court acknowledges the requirements of FRCP 16(b), but finds good cause to defer entry of an initial case scheduling order pending its ruling on Defendants Julie Anderson and Pierce County's 11 MOTION to Dismiss for Failure to State a Claim. (cc: Plaintiffs via USPS) (VE)

Oct. 14, 2021

Oct. 14, 2021

22

RESPONSE (titled Joinder in Opposition), by Plaintiffs Gregory Baltmiskis, Yancey Creekmore, Rachel Lynn Kemak, Steve McCoy, Elizabeth McFarlane, Tim McFarlane, Kirsten Moran, Kevin Lee Schmadeka, June Timmerman, Mike Timmerman, Timothy Tooker, David Tripp, Jeffrey White, Kelly Worden, Miriam Worden, to 8 MOTION to Intervene (MW) (Entered: 10/15/2021)

Oct. 15, 2021

Oct. 15, 2021

Noting Date Reset: 15 MOTION to Remand filed by Plaintiff Kevin Lee Schmadeka is renoted for 11/5/2021, pursuant to LCR 7(d)(3). (cc: Plaintiffs via USPS) (VE)

Oct. 15, 2021

Oct. 15, 2021

26

MOTION to Remand, filed by Plaintiff Washington Election Integrity Coalition United. (Attachments: # 1 Exhibit, # 2 Proposed Order) Noting Date 11/19/2021, (Shogren, Virginia) (Entered: 10/22/2021)

Oct. 22, 2021

Oct. 22, 2021

Clearinghouse
28

Second MOTION to Dismiss Party Kevin Lee Schmadeka, filed by Plaintiff Kevin Lee Schmadeka. (Schmadeka, Kevin) Modified on 10/26/2021 to edit document title (SR). (Entered: 10/25/2021)

Oct. 25, 2021

Oct. 25, 2021

Noting Date Set: 28 MOTION to Dismiss Party Kevin Lee Schmadeka, filed by Plaintiff Kevin Lee Schmadeka is noted for 11/19/2021, pursuant to LCR 7(d)(3). (cc: Pro Se Plaintiffs via USPS) (VE)

Oct. 27, 2021

Oct. 27, 2021

29

AFFIDAVIT of Elector Kevin Schmadeka PETITION Affidavit In Support Of Verified Complaint (Receipt # 1), filed by Kevin Lee Schmadeka.(Schmadeka, Kevin) Modified on 10/29/2021 to edit document title (SR). (Entered: 10/28/2021)

Oct. 28, 2021

Oct. 28, 2021

Clearinghouse
30

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, filed by Defendants Julie Anderson, Pierce County. (Attachments: # 1 Proposed Order) Noting Date 11/19/2021, (Hamilton, Daniel) (Entered: 10/28/2021)

Oct. 28, 2021

Oct. 28, 2021

Clearinghouse
32

RESPONSE, by Defendants Julie Anderson, Pierce County, to 15 MOTION to Remand 3:21-cv-05726-RAJ. (Hamilton, Daniel) (Entered: 11/01/2021)

Nov. 1, 2021

Nov. 1, 2021

Clearinghouse
33

REPLY, filed by Plaintiff Kevin Lee Schmadeka, TO RESPONSE to 15 MOTION to Remand 3:21-cv-05726-RAJ (Attachments: # 1 Supplement Schmadeka Declaration re Meet And Confer)(Schmadeka, Kevin) (Entered: 11/03/2021)

Nov. 3, 2021

Nov. 3, 2021

Clearinghouse
36

REPLY, filed by Defendants Julie Anderson, Pierce County, TO RESPONSE to 11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Hamilton, Daniel) (Entered: 11/05/2021)

Nov. 5, 2021

Nov. 5, 2021

Clearinghouse
40

RESPONSE, by Plaintiff Timothy Tooker, to 11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . (Attachments: # 1 Joinder, # 2 Joinder, # 3 Declaration, # 4 Declaration)(Tooker, Timothy) (Entered: 11/08/2021)

Nov. 8, 2021

Nov. 8, 2021

41

REPLY, filed by Defendant Pierce County, TO RESPONSE to 11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Hamilton, Daniel) (Entered: 11/12/2021)

Nov. 12, 2021

Nov. 12, 2021

Clearinghouse
42

RESPONSE, by Plaintiff Washington Election Integrity Coalition United, to 30 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . (Shogren, Virginia) (Entered: 11/15/2021)

Nov. 15, 2021

Nov. 15, 2021

Clearinghouse
45

REPLY, filed by Defendants Julie Anderson, Pierce County, TO RESPONSE to 30 Motion to Dismiss 26 MOTION to Remand (Hamilton, Daniel) Modified linkage on 11/19/2021 (ZMG). (Entered: 11/19/2021)

Nov. 19, 2021

Nov. 19, 2021

Clearinghouse
48

NOTICE of Supplemental Authority re 8 MOTION to Intervene Attorney Reina A Almon-Griffin added to party Washington State Democratic Central Committee(pty:intvd) by Intervenor Defendant Washington State Democratic Central Committee (Almon-Griffin, Reina) (Entered: 05/03/2022)

May 3, 2022

May 3, 2022

51

ORDER Requesting Supplemental Briefing re Remand. The parties are directed to review Scott v. Polo v. Innovations Int'l. Inc., 833 F.3d 1193 (9th Cir. 2016) and Britton v. Cnty. of Santa Cruz, No. 19-CV-04263-LHK, 2020 WL 4197609 (N.D. Cal. July 22, 2020), and are ordered to file supplemental briefs of up to three pages each addressing whether the parties will stipulate to remand of this matter. The briefs must be filed no later than August 15, 2022. Signed by Judge Lauren King. (MW)

Aug. 8, 2022

Aug. 8, 2022

Clearinghouse
52

Supplement

Aug. 15, 2022

Aug. 15, 2022

Clearinghouse
53

Supplement

Aug. 15, 2022

Aug. 15, 2022

Clearinghouse
56

ORDER: The Court DENIES WEICU's motion to remand, Dkt. No. 26 , and GRANTS Defendants' motions to dismiss Plaintiffs' claims, Dkt. Nos. 11 , 30 , without prejudice. The Washington State Democratic Central Committee's Motion to Intervene, Dkt. No. 8 , is DENIED as moot. Signed by Judge Lauren King. (LH) (cc: Pro se plaintiffs via US mail)

Sept. 30, 2022

Sept. 30, 2022

Clearinghouse
57

Judgment by Court

Oct. 4, 2022

Oct. 4, 2022

Case Details

State / Territory:

Washington

Case Type(s):

Election/Voting Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: Sept. 21, 2021

Closing Date: Sept. 30, 2022

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Washington Election Integrity Coalition United, a non-partisan voting group focused on access to voting and election integrity, and multiple individual voters

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

County

JULIE ANDERSON, PIERCE COUNTY AUDITOR; PIERCE COUNTY, AND DOES 1- 30, INCLUSIVE

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

State law

Constitutional Clause(s):

Due Process

Equal Protection

Other Dockets:

Western District of Washington 3:21-cv-05726

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Sought:

Damages

Declaratory judgment

Injunction

Relief Granted:

None

Source of Relief:

None

Issues

Voting:

Election administration

Results test

Recommended Citation