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Wash. Court of Appeals published opinion — 720287.pdf

Citation
Wash. Court of Appeals published opinion — 720287.pdf
Jurisdiction
Washington (state)
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official_capture_completeness_unverified

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White's failure to respond to the request for clarification excused the County from

trying to explain more specifically why the "metadata and Properties" were

exempt.

Because the counties did not violate the Public Records Act, there is no

basis to assess penalties or attorney fees against them.

REQUEST TO CONSIDER ADDITIONAL EVIDENCE

White requests that this court consider a declaration that Pierce County

made ballot images public in connection with a past election. Under RAP 9.11,

this court may consider evidence that was not before the trial court if, among

other things, additional proof of facts is "needed to fairly resolve the issues on

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No. 72028-7-1/16

review" and the additional evidence would probably change the decision being

reviewed. White contends the evidence is necessary to show that "the kinds of

records at issue in this case are already made public in Washington, despite the

counties' claims to the contrary." The counties oppose the motion. They have

submitted a declaration that the information posted by Pierce County in

connection with a ranked choice or "instant runoff' election conducted in 2008

consisted only of a series of numbers containing information pulled from the

ranked choice voting ballot cards by optical scan voting equipment.

The declaration submitted by White does not prove that Pierce County has

ever posted digital images of ballots. But even if that had happened, evidence of

the occurrence is not needed to fairly resolve the issue on review. Our decision

that copies of electronic and digital image files of ballots are exempt from the

Public Records Act is rooted in the constitutional mandate for ballot secrecy and