The Washington Court of Appeals ruled on September 15, 2026, that the election results for the 2024 Senate seat in Washington’s 18th Legislative District (LD-18) will stand. The court's decision affects Matthew Frohlich and the Washington State Republican Party, who challenged the election results, claiming that illegal votes were counted. This ruling is significant as it reinforces the integrity of the election process and sets a precedent for future election challenges.
Matthew Frohlich, a resident of LD-18, and the Washington State Republican Party filed an appeal after a lower court granted summary judgment in favor of Clark County and its officials. The dispute arose from the narrow election results where Adrian Cortes defeated Brad Benton by just 173 votes. Frohlich did not run for office but alleged that the election should not have been certified due to improperly counted votes.
Frohlich's lawsuit claimed that Clark County Auditor Greg Kimsey failed to investigate and remove voters who had moved out of LD-18 but still cast ballots. He argued that these votes exceeded the margin of victory. The case reached the Washington Court of Appeals after Frohlich's initial claims were dismissed in the lower court.
The court ruled that Frohlich's challenge was barred by state election laws. Specifically, RCW 29A.68.020(5)(b) states that illegal votes do not include those cast by improperly registered voters who were not properly challenged before the election. Since Frohlich did not challenge any voter registrations prior to the election, his claims were deemed invalid. The court stated, “RCW 29A.68.020(5)(b) precludes Frohlich’s election challenge as a matter of law because he did not bring a voter registration challenge before the election.”
Additionally, the court highlighted that Frohlich failed to demonstrate that if the allegedly illegal votes had not been counted, a different candidate would have won. The court noted, “RCW 29A.68.110(1) states that no election for an office may be set aside because of illegal votes unless if the illegal votes were not counted, a different person would have won the election.” This ruling affirmed the trial court's decision to grant summary judgment in favor of the County.
The implications of this ruling are significant for future election challenges in Washington. It reinforces the necessity for individuals to follow proper procedures when contesting election results. The court's decision clarifies that challenges must be based on legally defined illegal votes and that any claims must be substantiated with evidence showing that the election outcome would have changed.
Moving forward, this ruling may deter similar challenges that do not adhere to established election laws. It emphasizes the importance of timely and proper challenges to voter registrations and the need for any claims of illegal votes to be supported by evidence that demonstrates a direct impact on the election results.
As for next steps, Frohlich and the Washington State Republican Party could potentially seek further appeals, but details were not available in the court filing regarding any specific plans for further legal action. The court's ruling stands as a reminder of the legal framework surrounding election challenges in Washington State.