First, for those looking for a hyperlink to the Capitol Correspondents’ Associaiton guidelines on Scribd that did not translate Sunday, here you go. Sorry about that link not working in Sunday’s story. Plus I’ve decided to go to a white background on the webpage only because I’ve had background issues when I copy-paste text in the Beehiv drafting machine.
I had to break the original Beehiv planned for today into two, and then expanded to my internal limit of 2026 words - and that was before I decided to quote at length Jamie Nixon’s latest blockbuster podcast. I quote Jamie so that my readers can quote him to public servants. Not dignitaries, public servants.

Author HDR of the BC Legislative Assembly
I still intend to file a Beehiv Sunday morning, but as you can see hinted above, Sunday will be focused on some recent British Columbia reports on transparency. I think we will find interesting analogies with British Columbia, as well as lessons to be learnt.

AI Graphic of a Lady dropping a ballot envelope into an Official Ballot Drop Box
Also, Washington State Supreme Court is up for primary election… as are state legislators and more. Please deposit your ballot in a drop-box by Tuesday night. Thanks!
Table of Contents
Public Investment Impact Disclosure Litigation
First, we address an emerging transparency crisis at home. With the Washington State Income Tax on the ballot this fall, transparency advocate Arthur West has filed in Thurston County court that fiscal notes/public investment impact disclosures should not be on ballot titles. However, I argue this is a clear threat to the public’s right to know as public investment impact disclosures on a ballot - when done correctly - can protect dedicated funding for public transportation and schools.

Author photo of an Intercity Transit bus racing past the Washington State Capitol in the dark
Nonetheless, West filed in court the following,
The difference between telling voters something and telling petitioners something else. RCW 29A.72.027 does the latter. It permits the government to append its own language to the official presentation of a citizen initiative only after the citizens who wrote and circulated that initiative have finished the one constitutional act the statute cannot reach — their signatures. The State calls this “disclosure.”
However, in the case of IP26-645, one could argue the statement has been done wrong as contrary to the current Attorney General’s Office filed public investment impact statement - the Washington State income tax revenue will mostly go to the general fund. One can watch a Washington Policy Center spokesperson make that very argument:
Jason Mercier of the Mountain States Policy Center also wrote in Clark County Today that,
Washington tax revenues are available for lawmakers to prioritize when writing the budget using their constitutional appropriation authority. Unless constitutionally defined, no law or ballot measure can bind what a future legislature does with its appropriation power.
This does not negate the need for such statements. As Northwest Progressive Institute advocated for such statements in 2022…
Although local propositions such as levies already provide this kind of fiscal impact information, statewide ballot measures do not. In fact, state law doesn’t allow fiscal impact disclosures to be appended to statewide initiative and referendum ballot titles. HB 1876 solves this problem, thereby ensuring that in the future, voters are advised before they pick up a pen to fill in a Yes, No, Approved, or Rejected oval that the measure they’re voting on would affect the state’s finances.
Misleading Public Investment Impact Statement for IP26-645
With that, the Attorney General’s Office did offer a public investment impact statement of,
This measure would decrease funding for public K-12 education, higher education (including universities and community colleges), and human services (primarily healthcare).
This may be true after tax collections begin… in 2029. Let’s Go Washington - the group working to repeal the income tax - is also litigating over this matter. In a Let’s Go Washington July 28 statement, the suggestion given to the Thurston County Court was the following,
This measure would increase funding for the 2026-2027 state general fund, which primary investments are medical assistance-programs, public instruction, and higher education.
The statement is correct as more tax collectors would be hired for 2026-2027 if no repeal of a 2028 and onward income tax. Among other things like defending the law from legal challenges. Heywood also said in the statement,
“You can’t cut money that doesn’t exist. The Attorney General’s PIID is not just misleading; it’s factually incorrect.”
But back to transparency issues…
Where’s the Transparency in the Courts?
One of the problems that I’ve written about before is the inability to call up court records in Washington State. A case like this should be as easily tracked as a federal case.
Instead, I got Arthur West’s complaint via Jason Mercier’s op-ed. If not for Mr. Mercier, we would not be able to read the complaint and the complaint does not come with a case number.
Bottom Line
West can claim to The Seattle Times’s Shauna Sowersby that he’s, “Doing this to support the people’s right to petition and to adopt laws independent of the Legislature”. West also claimed to the Washington State Standard that public investment impact statements, “exceeds the Legislature’s authority.” But undeniably the right to know about accurate fiscal impacts is clearly an important part of lawmaking also.

Author photo of the Washington State Legislature accepting afternoon sun
Let us also break some news: It is also noteworthy that the proponents of IP26-645 in Let’s Go Washington are once again before the Public Disclosure Commission for omitting the very same sponsor ID Let’s Go Washington was instructed in 2025 to have. Let’s Go Washington and Project 42 share some of the same leadership - and Project 42 “capacity groups” like Future 42 are the subject of ongoing Public Disclosure Commisison investigations. Some questionable commitment to transparency by the “conservative” side of the aisle…
Full Personal Disclosure & IP26-645 Endorsement
That said, in the name of transparency, the author recommend a YES vote to repeal IP26-645 on the overriding basis that the process to get to an income tax for future revenue by the state legislature was inherently flawed and also bad clock management. Washingtonians deserve to have everyone get the process, campaign and conclusion right. Every time. Earn this.
“Requestors Are Not the Problem”
Well Jamie Nixon of the Public Records Officer Podcast really dropped another rock star episode to shoot back at critics of public records requestors. Early on, Jamie shares,
Critics of the Public Records Act almost always begin with the burdensome requester. They begin with an inmate, the so-called frequent flyer, activists, lawyers, journalists-it's the person filing too many requests, asking for too many records, making government employees nervous, and apparently preventing police officers from walking the streets of our communities. They almost never begin with the governor who failed to modernize the system. They do not begin with the agency executive who bought 1000s of Microsoft licenses, handed out mobile devices, encouraged employees to conduct public business through instant messages, and then failed to build a lawful system for preserving and retrieving those messages. They don't seem to ever begin with the attorney general who warned agencies that Microsoft's communications tools were not compliant with Washington records law out of the box, then spent years defending the automatic destruction of records those tools generated. They don't ever seem to begin with legislative leaders who have responded to the digital age by claiming broader privileges, classifying more communications as transitory and making it harder for the public to see how their laws are written. They begin with the requester, with us, we the people.
The rest of the episode notes that Jamie exposed a real problem in the Attorney General’s Office where they are supposed to advise & counsel governments on compliance with open government law… and then,
“Records I obtained also showed that the AGO directed employees to use Cisco Jabber, a communication system where messages could disappear when a computer was shut down or restarted. … Employees were instructed to clean out a local message folder weekly and not retain Jabber records for more than 30 days. Other records showed AGO employees using Jabber for discussions about briefs, pleadings, deadlines, and case matters.”
Although Jamie is responding to anonymous commentators responding to his latest op-ed, Jamie is making the arguments that need making in defense of transparency. One can only quote Heather “Newsbrooke” Brooke, Ph.D so many times…
Civil Liberties and Public Records
Jamie makes clear,
Apparently, government can purchase the software, generate the information, act on the information, and store mountains of it. The unreasonable part begins when someone asks to see it. Government invested more aggressively in creating information than in managing and disclosing it. They forgot about the other side of the whole thing. That was and is a choice, not an inevitability. When the accountability system became overloaded, leadership could have expanded capacity. Instead, it tried to turn down the accountability by blaming requesters.
This is something out of the surveilence state that Dr. Brooke warned us about in “The Silent State” and “The Revolution Will Be Digitised”. Jamie warns clearly that the watchdogs of law enforcement need public records…
Who investigates the death of someone in government custody or proves that senior officials knew about misconduct and did nothing? That answer frequently begins with the records, body camera footage, public record, use of force reports, public records, disciplinary investigations, public records. Records employees are not decorative administrative overhead, sitting between the public and real public safety. They preserve the evidence through which public safety agencies are held to account. A records office is the evidence room for civil government. Two more officers and no meaningful ability to inspect what they do is not greater public safety.
Jamie went on to point out,
Law enforcement officers carry extraordinary authority. They can stop, search, and arrest us. They use force against us, testify against us. Their actions determine whether we lose our jobs, licenses, freedoms, sometimes our lives. The records are not a diversion from law enforcement; they protect the legit use of those powers by law enforcement. When police agencies control both the exercise of power and the survival of the evidence documenting that power, transparency is not some luxury. It is the legitimacy lending democratic check on that power.
Jamie also makes arguments that public records help expose corruption. As such, concern trolls that oppose public records production are full of it. As Jamie says,
A right that is dependent on the government's opinion of the person exercising it is not much of a right. … Public records laws are not based on symmetry between the citizen and the state. The relationship is intentionally unequal because the power is unequal. Government works for the public, not the other way around. The Public Records Act is not a punishment imposed on public employees, it is the condition attached to exercising public power.
Finally, Jamie decides to address the issue of penalties arising from the only way to enforce the public records act - litigation. Jamie points out, that, “Penalties exist because a right without a remedy is nothing but a suggestion.”
Below is my first attempt at embedding a podcast…
The entire episode is worth a listen - and from the link, a full read. There you go.
In conclusion, please vote by Tuesday night and use a ballot drop box.

Gemini Ai image of a BIPOC lady dropping off her ballot in a Washington State official ballot drop box