Because the County is not permitted to access the digital files or e-
mails for reasons described below, the County cannot list each
digital file and e-mail at this time. Similarly, the County is unable to
access the specific date each file or e-mail was created.
Furthermore, any image files or metadata containing information
regarding the sender of the ballot (such as the initials or signature
of the voter handwritten on the ballot or metadata associated with
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No. 72028-7-1/14
the e-mails) is exempt from disclosure pursuant to RCW
29A.84.420.
1. Electronic or digital ballot image files.
RCW 29A.40.110, RCW 29A.60.125 and RCW
29A.60.110 require that ballots be sealed in secure
storage at all times other than at those specific times and
for those specific purposes set forth by statute. See also
WAC 434-261-045 and WAC 434-235-040(3). This
requirement applies to government employees and
officials as well as to others. Consequently, making or
releasing copies of ballots without an order from a
Superior Court Judge would constitute a violation of
these statutes. Pursuant to RCW 29A.04.008, this
applies to copies of ballots in any format, including copies
of digital ballot images or e-mailed ballots.
Because a specific statute prohibits their release, these
records are being withheld in their entirety under RCW
42.56.070(1), which references documents exempt from
disclosure under other statutes. We will not release the
ballot images without a court order as described by
statute.
White argues that Island County's response violated the act by not