FILED 1 2020 SEP 01 10:10 AM KING COUNTY SUPERIOR COURT CLERK E-FILED CASE #: 20-2-13314-1 SEA 2 3 4 5 6 SUPERIOR COURT OF WASHINGTON FOR KING COUNTY ) 7 ) 8 9 IN RE THE MATTER OF RECALL CHARGES AGAINST CITY OF SEATTLE COUNCILMEMBER KSHAMA SAWANT No. ) ) ) ) ) PETITION TO DETERMINE SUFFICIENCY OF RECALL CHARGES AND ADEQUACY OF BALLOT SYNOPSIS ) 11 12 COMES NOW Daniel T. Satterberg, King County Prosecuting Attorney, by and through 13 his deputies, Jennifer Atchison and Janine Joly, and petitions the Court pursuant to Chapter 14 29A.56 RCW to determine the sufficiency of recall charges against City of Seattle 15 Councilmember Kshama Sawant and to determine the adequacy of the ballot synopsis 16 formulated from those charges. 17 PROCEDURAL FACTS 18 On August 18, Ernest H. Lou filed a statement of charges with the King County Elections 19 Department seeking the recall of Councilmember Sawant. The Elections Department transmitted 20 a copy of the statement of charges to the King County Prosecuting Attorney's Office for 21 preparation of the ballot synopsis and proceeded to serve Councilmember Sawant with a copy of 22 the statement of charges pursuant to the requirements ofRCW 29A.56.120. See Elsheikh 23 Declaration at ,r2, Exhibit A. PETITION TO DETERMINE SUFFICIENCY OF RECALL CHARGES AND ADEQUACY OF BALLOT SYNOPSIS - 1 Daniel T. Satterberg, Prosecuting Attorney CIVIL DIVISION, Contracts Section 900 King County Administration Building 500 Fourth Avenue Seattle, Washington 98104 (206) 296-8820 Fax (206) 296-0415 1 2 3 The Elections Department determined that the petitioner is a registered voter in the City of Seattle. See Elsheikh Declaration at ~3. Pursuant to RCW 29A.56.130(1)(b), the Prosecutor's Office formulated the ballot 4 synopsis based on the statement of charges filed against Councilmember Sawant. The ballot 5 synopsis as prepared by the Prosecutor's Office reads as follows: 6 7 8 Shall City of Seattle Councilmember Kshama Sawant be recalled from office for misfeasance, malfeasance, and violation of the oath of office based on charges that she violated the city charter, city code and state law when she: (1) Delegated city employment decisions to a political organization outside city government. (2) Used city resources to support a ballot initiative and failed to comply with public disclosure requirements related such support. (3) Disregarded state orders related to COVID-19 and endangered the safety of city workers and other individuals by admitting hundreds of people into city hall on June 9, 2020, when it was closed to the public. (4) Used her official position to encourage attendees at a June 28, 2020 rally to illegally occupy the Seattle Police Department East Precinct when the city was trying to de-escalate violence in the area. (5) Led a protest march to Mayor Jenny Durkan's private residence, the location of which Sawant knows is protected under state confidentiality laws. (6) Encouraged protestors to occupy the Seattle Police Department East Precinct and helped create the Capitol Hill Occupation Protest (CHOP) Zone which turned into a violent criminal environment that negatively impacted local businesses and residents. 9 11 12 13 14 15 16 17 18 19 20 21 (A copy of the ballot synopsis is also appended to this petition.) Pursuant to RCW 29A.56.130(2), the exact language of each ballot synopsis and this petition will be transmitted to the petitioner and to Councilmember Sawant. 22 23 PETITION TO DETERMINE SUFFICIENCY OF RECALL CHARGES AND ADEQUACY OF BALLOT SYNOPSIS - 2 Daniel T. Satterberg, Prosecuting Attorney CIVIL DIVISION, Contracts Section 900 King Cowity Administration Building 500 Fourth Avenue Seattle, Washington 98104 (206) 296-8820 Fax (206) 296-0415 1 CERTIFICATION AND PETITION FOR HEARING 2 Pursuant to RCW 29A.56.130(2), the Prosecuting Attorney, by and through his deputies, 3 hereby certifies and transmits the recall charges and the ballot synopsis to the Superior Court of 4 King County. 5 Pursuant to RCW 29A.56.130(2), the King County Prosecuting Attorney, by and through 6 his deputies, petitions the Court to conduct a hearing to determine the sufficiency of the recall 7 charges and the adequacy of the ballot synopsis. Pursuant to RCW 29A.56.140, the hearing to 8 determine the sufficiency of the recall charges and the adequacy of the ballot synopses shall be 9 held without cost to any party. 10 11 DATED this pt day of September, 2020. DANIEL T. SATTERBERG King County Prosecuting Attorney 12 13 14 B JE J ' Senior Deputy Prosecuting Attorneys 15 16 17 18 19 20 21 22 23 PETITION TO DETERMINE SUFFICIENCY OF RECALL CHARGES AND ADEQUACY OF BALLOT SYNOPSIS - 3 Daniel T. Satterberg, Prosecuting Attorney CIVIL DIVISION, Contracts Section 900 King County Administration Building 500 Fourth Avenue Seattle, Washington 98104 (206) 296-8820 Fax (206) 296-0415 BALLOT SYNOPSIS OF RECALL CHARGES AGAINST KSHAMA SAWANT CITY OF SEATTLE COUNCILMEMBER Shall City of Seattle Councilmember Kshama Sawant be recalled from office for misfeasance, malfeasance, and violation of the oath of office based on charges that she violated the city charter, city code and state law when she: (1) Delegated city employment decisions to a political organization outside city government. (2) Used city resources to support a ballot initiative and failed to comply with public disclosure requirements related such support. (3) Disregarded state orders related to COVID-19 and endangered the safety of city workers and other individuals by admitting hundreds of people into city hall on June 9, 2020, when it was closed to the public. (4) Used her official position to encourage attendees at a June 28, 2020 rally to illegally occupy the Seattle Police Department East Precinct when the city was trying to de-escalate violence in the area. (5) Led a protest march to Mayor Jenny Durkan's private residence, the location of which Sawant knows is protected under state confidentiality laws. (6) Encouraged protestors to occupy the Seattle Police Department East Precinct and helped create the Capitol Hill Occupation Protest (CHOP) Zone which turned into a violent criminal environment that negatively impacted local businesses and residents.