Wash. Court of Appeals published opinion — 720287.pdf

Citation: Wash. Court of Appeals published opinion — 720287.pdf
Jurisdiction: Washington (state)
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Original Source: https://www.courts.wa.gov/opinions/pdf/720287.pdf ↗

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an identifying mark or not? A
single mistake means the constitutional mandate for absolute
secrecy is violated. The Washington Constitution does not allow a
scheme that provides for only substantial secrecy and that
occasionally allows the identity of voters casting ballots to be
mistakenly revealed. Unbridled and undirected discretion vested in
numerous employees as to what is or is not too great a risk for
violating secrecy would not comply with the constitutional mandate.
The Constitution requires absolute secrecy. Const, art. VI, § 6.
If the legislature intended to allow public disclosure of copies
of individual ballots it constitutionally would have crafted substantial
safeguards into that process to assure absolute secrecy. RCW
Chapter 29A provides no procedures to protect the secrecy of the
vote upon Public disclosure because public disclosure is not
contemplated. The lack of any such statutory safeguards indicates
the legislature had no intention that ballots be subject to public