From
Clark County
Elections:
Re: Your
request for
records:
P032033-
Dear
[Patron]:
Please be
advised that
RCW
29A.60.110,
RCW
29A.60.125,
and
WAC
434-261-045,
which are
other laws
preventing
disclosure
pursuant to
RCW
42.56.070(1),
bar us from
providing
you with the
records you
have
requested. See also
White v.
Clark
County, 199
Wn. App.
929, 401
P.3d 375
(2017);
White v.
Skagit
County, 188
Wn. App.
886, 355
P.3d 1178
(2015).
That legal
authority
provides
that ballots
and ballot
images,
including
electronic
data
containing
voted ballot
images, must
remain in
secure
storage at
all time,
and may only
be opened or
accessed for
specific or
authorized
purposes.
Accordingly,
we cannot
legally
provide you
with those
records that
you have
requested.
The cast
vote record
is an
electronic
record of
the choices
of a voter.
RCW
29A.040.008(c)
defines a
ballot as
“an
electronic
record of
the choices
of an
individual
voter."
Accordingly,
since cast
vote records
are
electronic
records of
the choices
of a voter,
these
records are
exempt from
disclosure.
Please
let us know
if there are
other
records you
are
requesting,
or if you
believe this
list is not
inclusive of
what you
were
requesting.
At this
time, I will
be closing
this
request.
This
completes
your request
for public
records.
If you
believe that
the records
furnished
have been
redacted
incorrectly
or records
were
incorrectly
withheld,
you may file
a written
appeal
within five
business
days from
the date of
this letter.
The appeal
must include
your name
and address,
a copy of
the redacted
document,
and a copy
of this
letter
together
with a brief
statement
identifying
the basis of
the appeal.
Please mail
or deliver
your appeal
to:
Public
Service
Center-Auditor's
Office
PO
Box 5000
1300
Franklin
Street -5th
Fl.-Suite
575
Vancouver WA
98666
Use this
link to view
your
request: https://www.clark.wa.gov/councilors/public-records-request.
If you
have any
questions,
please
contact me.
Respectfully,
Renny
Fangsrud von
Esch
Auditor
****************************************
After
asking
for
further
review,
the
below
communication
was
received:
We
have
consulted
with
our
Prosecuting
Attorney’s
office
regarding
requests
of
cast
vote
records.
Cast
Vote
Records
are
non-disclosable
per
RCW
29A.60.110
as
affirmed
by
the
Court
of
Appeals
of
Washington,
Division
2 in
the
case
of
Timothy
WHITE,
Appellant,
v.
CLARK
COUNTY,
Respondent
No.
49599-6-11
in
an
opinion
dated
July
25,
2017.
That
legal
authority
provides
that
ballots
and
ballot
images, including
electronic
data
containing voted
ballot
images,
must
remain
in
secure
storage
at
all
time,
and
may
only
be
opened
or
accessed
for
specific
or
authorized
purposes.
The
cast
vote
record
is
an
electronic
record
of
the
choices
made
on a
ballot.
RCW
29A.040.008(c)
defines
a
ballot
as
“a
physical
or
electronic
record
of
the
choices
of
an
individual
voter
in a
particular
primary,
general
election,
or
special
election.
Accordingly,
since
cast
vote
records
are
electronic
records
of
the
choices
on a
ballot,
these
records
are
exempt
from
disclosure.
Please
let
us
know
if
there
are
other
records
you
are
requesting,
or
if
you
believe
this
list
is
not
inclusive
of
what
you
were
requesting.
Sincerely,
Cathie
Garber
At
this
time,
I
will
be
closing
this
request.
This
completes
your
request
for
public
records.
Use
this
link
to
view
your
request: https://www.clark.wa.gov/councilors/public-records-request.
Respectfully,
Renny
Fangsrud
von
Esch
Auditor's
Office
