First, if you have not voted - just vote. Today’s the day. We’re in emergency levels of low turnout at 19%. Drop box locations statewide are here.
Drawing of Lady Putting Her Ballot in a Ballot Drop Box
The main story as you may have guessed is that last Thursday, I attended the Municipal Research & Services Center (MRSC) legislative update on the 2026 legislation on public records in Washington State. For those who may need a primer on what the MRSC does and does not do, I refer you to this Washington State Association of Counties podcast episode.
MRSC’s sadly for me - but congrats to the MRSC - their radar was better than mine which one can review. Hence this tip of the cap editorial cartoon generated via Google Gemini AI (I have a pro Google account for storage that includes AI privleges):
Boeing E-7A Wedgetail Flying Over the Washington State Legislature in a Gemini AI-generated cartoon
As you may have noticed this time, I’m using Gemini AI to draw editorial cartoons that are clearly cartoons. It is clear that there need to be ethical boundaries around AI, while still being able to tell stories with pictures easily. Plus this Beehiv really lacks the budget for hiring a cartoonist. Introduction given, here we go:
MRSC Update on 2026 Public Records Bills
Let’s get to it. MRSC found the following progress for the 2026 Washington State legislature:
MRSC Summary of the 2026 Legislative Session
With that, a hopefully equally acute and thoughtful review of all the new exemptions to the Public Records Act.
SB 5892 - Locking Down the State Voter Database
The MRSC found that SB 5892 was a public records bill, even though filed as under elections as the Secretary of State-requested legislation was regarding the state election database. One of the bills I missed this last legislative session. Below is a slide from the presentation with details.
MRSC Slide on SB 5892
With the passage of SB 5892, public records requestors are now directed to the Secretary of State for all voter database requests. According to Washington State Assistant Attorney General Michael Nigrey during the briefing,
Now, that creates one official point of contact, promotes consistency. It reduces the risk that 50 different jurisdictions interpret 50 different disclosure or disclosure requirements 50 different ways, and it provides clarity. Hopefully, you know exactly where to go.
However just sharing the data can now get the public servant(s) involved a felony. But that’s not all, a new menu of exemptions came with SB 5892 where the below information is now exempt from disclosure with the voter registration database:
Driver's license numbers
Identification card numbers
Social security numbers
Full birth dates contained in the voter registration records
SB 6002 - Addressing ALPR Cameras
In a bill I tracked and reported on its passage this past legislative session, there is now a legal framework around the use of automated license plate reader cameras (aka ALPR cameras, Flock cameras). As such, moving to the next bill.
SSB 6081 - Protecting Sex Change Information
Another bill that I tracked was SSB 6081, that now exempts sex change designation information.in driver's license and ID card information. This is considered a protection for the trans community. There is also a general exemption in RCW 42.56.240(14) for information for those who have requested or previously requested changes to sex designation for vital records under chapter 70.58A RCW.
SSB 6014 - Pregnancy Information Exemption
The below slide shows the fine details of this legislation, legislation I also tracked.
MRSC Slide on SSB 6014
As Assistant Attorney General Nigrey explained,
Somebody requesting an accommodation may need to disclose details about pregnancy, childbirth, or related conditions, and those are exactly the kind of records that could discourage employees from seeking assistance if they believe they would later become public. So, the purpose of this exemption seems fairly straightforward. Encourages individuals to help seek and cooperate with investigations without worrying that their identities or medical information is going to become a matter of public record.
On Releasing Statistical Information
Assistant Attorney General Nigrey also added later in the briefing that,
One provision to note is the ability to release statistical or summary information, and I think this reflects kind of a theme throughout today's bills that the legislature wants the public to understand how government programs are functioning while protecting the identities of the individuals that are participating in them. So, practical lesson here is to pay close attention to the scope of the exemption.
ESSB 2192 - Traffic Fatality Review Records
Sadly, this bill escaped my radar. Worse yet, this bill added significant opacity to the Washington Trafic Safety Commission as explained below:
MRSC 1 of 2 Slides on ESSB 2192
MRSC 2 of 2 Slides on ESSB 2192
I sincerely apologize for not tracking this bill.This bill is not exactly a good thing.But the legislation does allow for sensitive reviews to take place of why traffic crashes happen without legal implications.
HB 2325 - Exemption for Tourism Businesses
This exemption is to protect commercial & financial information submitted to the Washington Tourism Marketing Authority and Tourism Assessment Program. Sadly an exemption I missed.
E2SHB 2384 - Regulating Senior Care
Another commercial exemption to the Public Records Act for long term care/Continuing Care Retirement Communities that have to face actuarial analysis by the State Government of Washington. Sadly not the only exemption for the free market…
E2SSB 5981 - Exempting Drug Prices From Public Disclosure
Yes, you read that correctly. At least taxpayers get a benefit from this opacity as per below:
MRSC Slide on E2SSB 5981
ESB 6106 - Exempting Laid-Off Employee Info
Bascially, this bill adds another public records act exemption in RCW 42.56.230(14) for the name and address of employees provided to ESD in a Securing Timely Notification and Benefits for Laid-off Employees (STABLE) Act notice.
ESHB 2508 - AGO Office of Independent Investigations Investigative Records
Yes, the Attorney General’s Office has an Office of Independent Investigations (OII). This government office that’s been around since 2021 had to wait until 2026 for an investigative records exemption. The job of OII is, as per OII’s website, “To conduct thorough, transparent, and unbiased investigations of cases that involve police use of deadly force.”
Finally, Did You Know We Have A Digital Archives?
Well I did not, and I’ve done historical research for most of my 44 years.The MRSC used the Washington State Digital Archives for their slides’ photos. But the Digital Archives also have official historical documents therein.
AI Used to Track Supreme Court Justices
We began this Beehiv discussing the use of AI ethically. Well, Geekwire on August 3 reported that Viet Nguyen - an opponent of the Washington State income tax - has built an AI model to predict which Washington State Supreme Court Justices & justice candidates will defend a statewide income tax. The AI model website is culliton2026.org/ in honor of the legal precedent case stopping Washington State income tax attempts.
The website makes clear what cases as well as notes that donations and public statements also helped build the model. Yes, the Public Disclosure Commisison matters.
Acute Public Disclosure Commission Update
A bit of an update on my cases. I flagged the three major initiative campaigns for lack of sponsor ID. Two got off with warnings, while the third due to repeat violations of campaign finance law is at “assessment of facts”.
It’s going to take some time for the Public Disclosure Commission to work on my current big one. Nonetheless, we did have an initial hearing… that respectfully I wish was public and recorded. But that’s me.