Zapotocky v. Dalton

¶1 Cindy Zapotocky appeals the trial court’s summary dismissal of her application for writ of mandate seeking to compel Vicky Dalton, Spokane County auditor, to recount selected ballots in the November 2, 2010, general election. She contends the trial court erred in concluding (1) Ms. Dalton had no clear, legal duty to recount the ballots in the manner requested; (2) Ms. Dalton’s duty to recount involved discretion on her part; (3) Ms. Zapotocky had another plain, speedy remedy at law; and (4) at the time she filed for the writ of mandamus, Ms. Zapotocky was no longer a beneficially…