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Speaking for 10 minutes from the bench, Judge Hicks talked about the privacy protections of the U.S. Constitution but added "Our state Constitution affords us more privacy than the federal." He explained the importance of protecting these citizens until the federal case resolves itself. But Judge Hicks went on to say that even if the federal court overturns Federal District Court Judge Benjamin Settle's recent ruling, no personal information will be released until Judge Hicks makes his own determination.

He went further by stating that the Public Records Act I-276, passed the previous year, (As OSOS official Don Whiting wrote to the state senator: "Section 26 of Chapter 1, Laws of 1973 (Initiative 276) provides that 'to the extent required to prevent an unreasonable invasion of personal privacy, an agency shall delete identifying details when it makes available or publishes any public record.' It is our belief that the release of the names and addresses of persons in Thurston County who have signed Initiative 282 would constitute such an unreasonable invasion of personal privacy").

Two AG opinions, two Thurston county judges, a federal judge, and every other Secretary of State all agree -- protect citizens' privacy.

Following the hearing, Sam Reed's Nick Handy repeatedly lied to reporters. For months, Sam Reed has said his 'anything-goes' policy is the way it's always been. This is the latest in a string of lies coming from Sam Reed on this issue. That's a lie -- there was a privacy policy for 95 years. He said that Ralph Munro changed the Secretary of State's privacy policy in the 1990's. As our attorney Shawn Newman explained, Ralph Munro's elections director during the 90's, Don Whiting, included a declaration in our lawsuit that refutes that assertion. There's a 1938 AG opinion and a 1956 AG opinion, but contrary to Sam Reed, there has not been a subsequent attorney general's opinion on this subject.

Today's lawsuit asked the state court to try to rein him in.

But according to Sam Reed, all of them are wrong and only he is right.

From 1912 until 2006, citizens exercising their political free speech rights by affixing their names, signatures, and home addresses on ballot measure petitions in Washington were protected. Every Secretary of State, other than this one, protected citizens' privacy.

This afternoon, Thurston County Superior Court Judge Richard Hicks ordered Secretary of State Sam Reed to protect the privacy of citizens who sign initiatives and referendum petitions. The judge essentially reinstated the previous 95 year privacy policy.

Taxpayers are being forced to subsidize Sam Reed's refusal to respect the U.S. 4. Constitution, the Washington state Constitution, and citizens' personal privacy. For 95 years, all Secretaries of State, other than this one, maintained the personal privacy of the signers' personal identifiers.

At the bargain price of $1500, Secretary Reed is selling to Bryan Wahl, a for-profit consultant and powerful lobbyist, over three million names, signatures, and home addresses of citizens who've signed 11 tax initiatives since 2000. These digital copies of our signatures will not be copied and sold and resold over and over again all over the world. Under Sam Reed's anything-goes policy, commercial use and re-selling of the list, in whole or in part, is not prohibited. Thanks to Judge Hicks decision today granting a temporary restraining order, millions of Washingtonian's very personal identifiers will not be sold on the open market. Sign a property tax initiative and your name gets sold to real estate agents, sign a no-new-gas-tax initiative, get hit up for a Chevron credit card, sign a lower-car-tab initiative, receive a phone call from your local car dealer. Secretary Reed is facilitating commercial exploitation and identity theft.

In 1973, then Secretary of State Lud Kramer was sued by a state senator for refusing to turn over the names, signatures, and home addresses of citizens who signed petitions to cap politicians' pay (Chaney v Kramer). ... the release of these signatures has no legal value, but could have deep political ramifications to those signing. SOS Kramer made clear the office's longstanding practice, supported by a 1938 & 1956 Attorneys General opinion, was to not turn them over -- "It has been my policy not to release the names of citizens signing initiative or referendum petitions. I will not violate public trust.".

After the Public Records Act I-276 in 1972, all Secretaries of State, other than this one, looked at that law and recognized that it REQUIRED personal information be removed.

He's violating the U.S. Constitution (chilling of speech), the Washington state Constitution (government laws, rules, and policies can only facilitate the initiative process, this frustrates it) and various state laws that protect citizens' privacy.

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