Ballots Are Exempt from Disclosure under the California Public Records Act

In Citizens Oversight v. Vu, published May 21, 2019, the Fourth District Court of Appeal, Division 1 affirmed a trial court decision declaring that ballots cast by registered voters during the 2016 California Presidential Primary Election are exempt from disclosure under the California Public Records Act.  Government Code section 6254, subdivision (k), exempts from the CPRA disclosure of records that are expressly protected by statute.  With exceptions that did not apply here, the Election Code prescribes that after ballots are counted, they shall be sealed and kept unopened and unaltered for 22 months, after which they shall be recycled or destroyed.  By contrast, other election materials, such as voting rosters and tally sheets, are specifically open for public inspection.  The statutes therefore expressly protect ballots from disclosure.