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BACKGROUND

I. Washington’s Public Records Act

The PRA requires state agencies to make public records available for public inspection and copying. Wash. Rev. Code § 42.56.070. It provides that “[i]n the event of conflict between the provisions of [the PRA] and any other act, the provisions of [the PRA] shall govern.” Wash. Rev. Code § 42.56.030. Although the PRA contains some exemptions, none applies to referendum petitions. The PRA was enacted through the initiative process and includes its own rule of con- struction:

The people insist on remaining informed so that they may maintain control over the instruments that they have created. This chapter shall be liberally con- strued and its exemptions narrowly construed to pro- mote this public policy and to assure that the public interest will be fully protected.

Wash. Rev. Code § 42.56.030.

II. Washington’s Referendum Process

Under the Washington Constitution, although legislative authority is vested in the state legislature, the people reserve to themselves the power to reject any bill or law through the DOE #1 v. REED 14593 referendum process. Wash. Const., art. II, §§ 1 & 1(b).1 To initiate the…