Couple who were illegally registered voted in tight Sultan election

Wednesday, June 4, 2003

By M.L. LYKE
SEATTLE POST-INTELLIGENCER REPORTER

EVERETT -- They can't unflip the coin, or re-recount the tie vote.

But Snohomish County administrators are considering whether to take action in an unusual case of voting irregularity.

At a hearing yesterday morning, county Auditor Bob Terwilliger outlined a complaint against a couple who registered to vote at their Sultan business address, a gas station and deli on U.S. Route 2. The couple, Rusty and Jana Drivstuen, actually lived in nearby Monroe.

Terwilliger read a letter in which the Drivstuens apologized for "any confusion resulting from the erroneous voting address."

Terwilliger now must decide whether their actions were fraudulent, and whether his office should forward their file to the Prosecuting Attorney's Office for consideration.

The complaint against the Drivstuens was filed by Cindy Broughton, a former Sultan councilwoman who lost her seat in a 2001 election that ended in a 496-496 tie vote. A manual recount ended in another tie, 501-501. That's when a heads-or-tails coin flip determined Rob Criswell the winner.

Broughton said yesterday she learned about the Drivstuens' illegal registration only last month. She says she knew it was too late to do anything about the vote, but pressed forward with her complaint to make sure such irregularities don't happen again and undermine young voters' faith in the electoral system.

"I have two kids, and they were bothered when I lost the election. When I told them about this challenge, they were very supportive, and told me to do everything I could possibly do. I felt like this made it right for them," said Broughton, who works as administrative secretary at Sultan Middle School.

Theoretically, the Drivstuens' two votes could have determined the council election result. It is not know how they voted.

Maybe that doesn't measure up to the Palm Beach butterfly ballot scandal, but some local government watchdogs say it changed the face of politics in the small city of Sultan.

Loretta Storm, an activist who runs a Web site about local government (www.ittakesgrit.org), described the council makeup as "four lifelong oldtimers (including Criswell) and three newbies." Broughton was among the newest residents on the council.

Broughton's complaint is the first in the county filed under state laws adopted in 2001 that require auditors to investigate possible voter registration fraud.

An unqualified registrant can be found guilty of a misdemeanor and sentenced to up to 90 days in the county jail, with a fine of up to $1,000.

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