scanned into the first of two computers. The images are then converted into a
proprietary format. Once this conversion has taken place, the images do not
exist as separate image files that can be exported or copied. The data is
transferred to the second computer for tabulation. The information transferred
does not contain images. It contains binary code that instructs the second
computer program how to convert the marks into vote counts. The second
computer runs a program that tabulates the votes. Scanning and tabulation of
votes continues as necessary until the election is certified. While this process
occurs, all ballots—including originals and duplicates—are maintained in a
secure area from the moment they are deposited or received until they are
eventually destroyed.
No. 72028-7-1/5
White maintains that he is entitled to copies of the digital image files of all
ballots pretabulation, that is, as they existed before the images are converted into
the data that is transferred to the second computer for tabulation. He requested
that the copies be transmitted to him in a format readable on his home computer.
The counties resist White's request in part to protect ballot secrecy and in
part because of practical considerations. As far as practicality is concerned, the
counties state that their current technology does not automatically store image
files of ballots in a format readable on a home computer. They explain that it
would take so much time to "screen print" each ballot as it goes through the
scanner that it would interfere with the timely administration of the election and
certification of the results.