Life Issues / Family Ethics Political Action Committee of Southwest Washington


Cast Vote Records
 		  
   

Cast Vote Records

 The Public Records Act states that it "shall be liberally construed and its exemptions narrowly construed to promote this public policy [of government transparency] and to assure that the public interest will be fully protected."   Since "all political power is inherent in the people" (Wash State Constitution), to maintain that people power, elections must be verifiable. The below communication is from Clark County Elections on a request for the 2022 Primary Cast Vote Record (CVR).  Clark County Elections says it can't provide the CVR because they can't give "choices of an individual voter."  The CVR is a database of unidentifiable individual ballot choices, recorded as the ballots are tabulated.  Determining how a particular individual voted by a CVR is not possible, thus maintaining the constitutional requirement for "absolute secrecy in preparing and depositing" one's ballot.  Many US counties make CVR data available.  In reading the references below provided as justification for denial, Clark County Elections promotes the claim that current law prohibits divulging CVR data (Public Records Act).  The case hasn't been made, e.g. the incoherent logic here.   Since election integrity is an absolute essential for a republic and given that the analysis of CVR data can reveal fraudulent ballot dumps, the exemption of CVR from disclosure Is a seriously unjust law, and certainly no one should be aligning with it.  It's an example of governmental overreach and tyranny and opposed to the very important decentralizing principle of subsidiarity.  Everyone, especially Kimsey, has a duty to expose such election tyranny.

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