Foulkes v. Hays

85 Wash. 2d 629 (1975)

From our private database of 46,500+ case briefs, written and edited by humans—never with AI.

Foulkes v. Hays

Washington Supreme Court
85 Wash. 2d 629 (1975)

JL

Facts

Gordon Hays (defendant) was an incumbent in the 1974 election for Adams County Commissioner. Kenny Foulkes (plaintiff) was the challenger for that seat. After the votes were initially counted, Foulkes had 37 more votes than Hays. Hays then requested a recount of the 3,025 ballots cast. The recount was held 14 days after the initial vote tally and showed Hays winning by 71 votes. Between the initial tally and the recount, the ballots were stored by placing them into envelopes sealed with wax, which were placed into locked canvas bags. However, the keys to each of the bags were attached to the outside of the bags. The bags were then stored in the county auditor’s office. However, those bags were accessible to several people during the workday. Foulkes filed a lawsuit challenging the results of the election. Foulkes presented expert testimony that more than one person had filled out the ballot on 46 out of 53 ballots examined. The trial court set aside the results of the election and recount and ordered a new election to take place. Hays appealed this ruling, and Foulkes also appealed the court’s order requiring a new election.

Rule of Law

Issue

Holding and Reasoning (Utter, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 832,000 law students since 2011. Some law schools even subscribe directly to Quimbee for all their law students.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

Here's why 832,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,500 briefs, keyed to 994 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 832,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,500 briefs - keyed to 994 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership