In re the Contested Election of Schoessler

998 P.2d 818, 140 Wash. 2d 368, 2000 Wash. LEXIS 275
CourtWashington Supreme Court
DecidedApril 20, 2000
DocketNo. 69048-1
StatusPublished
Cited by31 cases

This text of 998 P.2d 818 (In re the Contested Election of Schoessler) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re the Contested Election of Schoessler, 998 P.2d 818, 140 Wash. 2d 368, 2000 Wash. LEXIS 275 (Wash. 2000).

Opinion

Smith, J.

Appellant Gary L. Schoessler seeks direct review of a decision of the Chelan County Superior Court which annulled and set aside his election as mayor of the City of Wenatchee. The trial court found Appellant was not eligible to hold that elective office because he did not satisfy the one-year residence requirement of RCW 35A.12.030. We granted direct review. We affirm.

QUESTION PRESENTED

The question presented in this case is whether Appellant Gary L. Schoessler satisfied the one-year residence requirement of RCW 35A.12.030 for eligibility to hold elective office as mayor of the City of Wenatchee, Washington.

STATEMENT OF FACTS

On July 26, 1999, Appellant Gary L. Schoessler filed a [370]*370“Declaration of Candidacy” for mayor of the City of Wenatchee, a photocopy of which follows:1

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[371]*371On November 2, 1999, Appellant was elected mayor of the City of Wenatchee.2 He was issued a certificate of election on November 23, 1999 by Evelyn L. Arnold, Chelan County Auditor.3 On December 3, 1999, Dr. Sanford W. Brown and Reverend Kelvin B. Groseclose, registered voters in the City of Wenatchee, filed in the Chelan County Superior Court an affidavit of error or omission under RCW 29.65.020 and a petition to contest the right of Appellant to be issued a certificate of election.4 They claimed he was not eligible to hold elective office as mayor of the City of Wenatchee because he did not satisfy the one-year residence requirement of RCW 35A.12.030.5

On December 27 and 28, 1999, the Honorable John E. Bridges presided over a hearing pursuant to chapter 29.65 RCW to determine whether to confirm or to annul and set aside the election of Appellant as mayor of the City of Wenatchee.6 Appellant’s business partner, Shawn Osborn, testified on direct examination concerning Appellant’s claim of residence at their business address:

Q (By Mr. Foreman) Did you ever in the last year see Gary Schoessler sleeping in the server room [at 611 North Wenatchee Avenue in Wenatchee, Washington]?
AI never actually saw him sleeping but—
MR. DANIELSON: Objection to anything further as not responsive.
THE COURT: Sustained.
Q (By Mr. Foreman) What did you observe about the futon in the server room?
[372]*372A I know there was a — I guess it was called a futon or bed roll or whatever it was in the server room.
Q What did you observe when you came to work early in the morning?
A Several times I came in about 7:00 or 7:30 or so and, oh, maybe 10 or 15 minutes later Gary came out of the server room and looked like he was pretty well tired or just woke up.[7]'

On December 28, 1999, Judge Bridges rendered an oral decision and on January 7, 2000 filed the following findings of fact and conclusions of law (quoted in their entirety):

FINDINGS OF FACT

1. Up until July 1999, the residential phone records of Gary Schoessler (“Mr. Schoessler”) were at 3496 Marlette Place, Malaga, Washington.
2. Up until July 1999, the cell phone bills addressed to Mr. Schoessler went to 3496 Marlette Place, Malaga, Washington.
3. The electric utility bills from the Chelan County Public Utility District No. 1 (“Chelan County PU.D.”) billed to the name of Mr. Schoessler were addressed to four different locations: 611 North Wenatchee Avenue, Wenatchee, Washington, 3496 Marlette Place, Malaga, Washington, 1350 D Brown Street, Wenatchee, Washington (commencing in late July 1999), and 1808 Rogers Drive, Wenatchee, Washington (this latter address being outside the city limits of Wenatchee and the place where the Mayor’s girlfriend resides.)
4. The records of the Department of Licensing of the State of Washington reflect the address of Mr. Schoessler as 3496 Marlette Place, Malaga, Washington, until July 14, 1999.
5. The drivers [sic] license of Mr. Schoessler was renewed by Mr. Schoessler on April 20, 1999, with the renewal address of [373]*3733496 Marlette Place, Malaga, Washington. The drivers [sic] license of Mr. Schoessler was changed on July 14, 1999, to reflect the address of 611 North Wenatchee Avenue, Wenatchee, Washington.
6. The voter registration of Mr. Schoessler was in Malaga, Washington, until July 14, 1999, when it was changed by Mr. Schoessler to the address of 620 S. Wilson Street, Wenatchee, Washington. The voter registration of Mr. Schoessler was thereafter changed by Mr. Schoessler on July 28, 1999, to 611 North Wenatchee Avenue, Wenatchee, Washington.
7. Mr. Schoessler was stopped for speeding by Chelan County Deputy Sheriff Ken Varichak on Friday, April 2, 1999, at 6:42 p.m. while southbound on the Malaga highway heading toward Malaga at milepost 4.5. Mr. Schoessler stated to Deputy Sheriff Varichak that his address on April 2, 1999, was 3496 Marlette Place, Malaga, Washington.
8. On December 4, 1998, a son of Mr. Schoessler, namely Andrew Schoessler, had contact with Chelan County Deputy Sheriff Eric Collier. At the time of the December 1998 contact, Andrew Schoessler reported to Deputy Sheriff Collier that his address was 3496 Marlette Place, Malaga, Washington.
9. On March 25, 1999, a letter was received by the Chelan County Prosecuting Attorney from Gary Schoessler in connection with the December 4, 1998 incident. The letter from Gary Schoessler refers to 3496 Marlette Place, Malaga, Washington, as “our home”, [sic] Wherein it states: “On weekends Andy is at our home by 11:00 p.m.”
10. On June 13, 1999, Andrew Schoessler had contact with the Wenatchee Police Department. Andrew Schoessler stated to Officer Paul Hughes of the Wenatchee Police Department that both his address and his father’s address were 3496 Marlette Place, Malaga, Washington.
11. On June 14, 1999, the father, Mr. Schoessler, filed a complaint with Officer Paul Hughes of the Wenatchee Police Department. During the filing of this complaint, Mr. Schoessler told Officer Hughes that his address was 3496 Marlette Place, Malaga, Washington.
12. The 1998 U.S. Individual Income Tax Return Form 1040 [374]*374of Mr. Schoessler, which was filed in 1999, states the address of Mr. Schoessler is 3496 Marlette Place, Malaga, Washington.
13. The automobile insurance policy records from the Country Companies applicable to Mr.

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Bluebook (online)
998 P.2d 818, 140 Wash. 2d 368, 2000 Wash. LEXIS 275, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-contested-election-of-schoessler-wash-2000.