Ref. 71 petition sheets may be released to public

• Published October 16, 2009

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According to a news release from the Secretary of State's office, the 9th Circuit Court of Appeals in California is reversing the U.S. District Court in Tacoma, and clearing the way for public release of Referendum 71 petition sheets as a public record.

The three-judge panel said Judge Benjamin Settle relied on a faulty legal standard in issuing a ban last month on the state releasing R-71 petition sheets � apparently a reference to foes� theory that petitions are constitutionally-protect �anonymous free speech.�

Secretary of State Sam Reed, relying on advice from the Attorney General, treats the petitions as a releasable public record, not as a private act by a citizen. He and Attorney General McKenna say taking part in the initiative and referendum process amounts to taking part in the public act of citizen legislating, and that disclosure of the names is appropriate in the same way that people demand to know the sponsorship of legislation in Olympia.

There is one more legal step the state must take before releasing the petitions to the six groups or individuals who requested the records: Thurston County Superior Court Judge Richard Hicks, in a case brought by initiative activist Tim Eyman, on Wednesday issued a temporary restraining order against the Secretary releasing any petitions, until he hears from the 9th Circuit. Hicks told attorneys at that hearing that he would want to hear back from them, and indicated he would schedule a full airing of both sides. Eyman's case is a broad attack on the state's policy of releasing petitions, and arises out of a lobbyist's request for petitions of 11 initiatives from the past decade, most of them Eyman-sponsored measures.

Secretary Reed said he was delighted by the 9th Circuit's ruling.

"The emphasis is that Washington state government is open, transparent and the people of this state have adopted this strong Public Records Act," he said after hearing the news from Bill Collins, the deputy solicitor general who argued the case in California. "I'm glad the 9th Circuit has upheld what we have been saying. These petitions are not like a secret ballot, but amount to taking part in our legislative process, which is required to be open and accountable."

State Elections Director Nick Handy added, "The winner here is open government."