SKAGIT COUNTY and ISLAND PUBLISHED OPINION
COUNTY,
FILED: July 13, 2015
Respondents.
Becker, J. — Skagit and Island Counties denied a Public Records Act
request for copies of voted ballots. In view of Washington's constitutional and
statutory provisions protecting ballot secrecy, we hold the requested records are
exempt.
The 2013 general election was held on November 5. The next day,
Appellant Timothy White made a request of Skagit and Island Counties under the
Public Records Act, chapter 42.56 RCW. He asked for "copies of electronic or
digital image files" of all pretabulated ballots received, cast, voted, or otherwise
used in the election.1 Both counties denied the request.
1 White sent the same Public Records Act request to all counties in
Washington State.
No. 72028-7-1/2
The Public Records Act requires that agencies make all public records
available for inspection and copying, unless the record falls within the specific
exemptions of RCW 42.56.070(6), chapter 41.56 RCW, or an "other statute" that
exempts or prohibits disclosure of specific information or records. RCW
42.56.070(1). The issue in this case is whether copies of ballots are exempt
under an "other statute." An exemption may be found in an "other statute" even if
it is not stated explicitly. RCW 42.56.070(1); Progressive Animal Welfare Soc'v
v. Univ. of Wash., 125 Wn.2d 243, 263-64, 884 P.2d 592 (1994) (PAWS)
(antiharassment statute was an "other statute" exempting the names of animal
researchers from production pursuant to a request for a grant proposal even
though the statute did not explicitly state the names were exempt).
The dispute came before the Snohomish County Superior Court on a