Judge blocks release of signatures from state initiatives
OLYMPIA -- A Thurston County judge blocked the release of signatures on all state initiatives and referendums Wednesday, at least until a federal appeals court rules on the same question.
Judge Richard Hicks said the federal constitution may provide special protection for political free speech, and for that reason he is stopping the planned Monday release of two million names of those who signed Tim Eyman initiatives.
The question is: if you have signed an initiative, should your name and your signature be made public, along with the names and signatures of everyone else who signed?
A Mountlake Terrace man paid $1,500 to get the names of anyone who signed a Tim Eyman initiative. That bugs a man who calls himself Eddie Spaghetti:
"It should bug you," Spaghetti said. "Who knows where the signatures will wind up? They could wind up in China."
Where signatures could wind up is not a legal argument and not the way to convince a judge to block release.
The legal argument is based on privacy
"It is a right to privacy," said Shawn Newman, Tim Eyman's attorney. "If your information is going to be released a person might be more reluctant to sign.)
But the assistant state attorney general says public records are available for inspection and copying unless there is a specific exemption.
"There is no exemption for these records," said Jim Pharris. "It is not our choice, it is the law."
The Secretary of State's office had planned to release two million signatures on Eyman initiatives Monday, but Judge Richard Hicks said no. He explained a federal court is reviewing the same question about signatures on Referendum 71.
"My role is to follow the constitution and the higher courts," Judge Hicks said. "I should not attempt to overtake them when they are in the process of making a decision on this exact issue."
To give the federal court time, Hicks blocked the release of any signatures. For Eddie Spaghetti, it's good news, but he still worries about identity theft and if someone could copy his signature.
"They don't have to," Spaghetti said. "Sam Reed will sell them a digital copy of it."
The judge says state law appears to require release of names and signatures, but the 1st and 14th amendments to the U.S. constitution appear to guarantee the right to anonymous political free speech. That's why no signatures will be released until the Federal court speaks.
Judge Richard Hicks said the federal constitution may provide special protection for political free speech, and for that reason he is stopping the planned Monday release of two million names of those who signed Tim Eyman initiatives.
The question is: if you have signed an initiative, should your name and your signature be made public, along with the names and signatures of everyone else who signed?
A Mountlake Terrace man paid $1,500 to get the names of anyone who signed a Tim Eyman initiative. That bugs a man who calls himself Eddie Spaghetti:
"It should bug you," Spaghetti said. "Who knows where the signatures will wind up? They could wind up in China."
Where signatures could wind up is not a legal argument and not the way to convince a judge to block release.
The legal argument is based on privacy
"It is a right to privacy," said Shawn Newman, Tim Eyman's attorney. "If your information is going to be released a person might be more reluctant to sign.)
But the assistant state attorney general says public records are available for inspection and copying unless there is a specific exemption.
"There is no exemption for these records," said Jim Pharris. "It is not our choice, it is the law."
The Secretary of State's office had planned to release two million signatures on Eyman initiatives Monday, but Judge Richard Hicks said no. He explained a federal court is reviewing the same question about signatures on Referendum 71.
"My role is to follow the constitution and the higher courts," Judge Hicks said. "I should not attempt to overtake them when they are in the process of making a decision on this exact issue."
To give the federal court time, Hicks blocked the release of any signatures. For Eddie Spaghetti, it's good news, but he still worries about identity theft and if someone could copy his signature.
"They don't have to," Spaghetti said. "Sam Reed will sell them a digital copy of it."
The judge says state law appears to require release of names and signatures, but the 1st and 14th amendments to the U.S. constitution appear to guarantee the right to anonymous political free speech. That's why no signatures will be released until the Federal court speaks.
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