Judge rules in favor of Elduens in lawsuit against county

Published 1:30 am Friday, August 14, 2026

On July 2, Thurston County Superior Court Judge Christine Schaller ruled that Grays Harbor County violated the public records act in a case brought forth by Ocean Shores Mayor Frank Elduen and his wife, Kerin. On July 24, the judge awarded the Elduens more than $68,000 in penalties.

The case stems from the lot draw for the 2024 election, the Elduens’ contention that the order of candidates on the ballot had been changed for the Ocean Shores mayoral election, and subsequent violations of the public records act as the Elduens were trying to ascertain what happened.

According to Frank Elduen, who did win the mayoral election, the initial May 19, 2023 lot draw listed him first over his opponent, incumbent appointed Mayor Jon Martin. On Sept. 28, 2023, a copy of an early military absentee ballot was posted online that showed Frank Elduen listed second. He reached out to the Grays Harbor County Auditor’s Office [GHCAO] and Auditor Joesph MacLean and was informed he was incorrect in his assertion and that the order on the ballot was correct. Also, mistakes were made in the voter’s pamphlet regarding Frank Elduen’s candidate statement. Other inaccuracies were discovered as well.

Frank Elduen says that by March 2024, Grays Harbor County still had not provided the requested lot draw records. Additional public records requests (PRRs) and the filing of a lawsuit followed.

“When we asked for records, they weren’t forthcoming, we had a lot of problems getting the records that we requested, they were just messing with us,” Elduen said. “… What was going on was dishonest, it needed to be brought out to the public so it doesn’t happen to the next person.”

In the Thurston County Superior Court’s “Findings of Fact,” it was determined that the Grays Harbor County Auditor’s Office “failed to conduct an adequate search and failed to disclose the responsive signed lot draw record in response to PRR No. 2024-385. The record was likewise not disclosed in response to several prior PRRs submitted by Plaintiffs seeking the same or substantially similar records.”

The findings of fact also called out text messages to and from Grays Harbor County Deputy Auditor Scott Turnbull and determined that “the requested text messages are missing, unavailable, lost, destroyed or discarded by Mr. Turnbull.”

The Court said that it did not find MacLean’s or Turnbull’s testimony and declarations to be credible. “The statements appear to be fabricated to cover a huge error on the part of the GHCAO.” The Court then concluded that Grays Harbor County violated the Public Records Act by failing to conduct an adequate search and failed to timely disclose the signed Candidate Lot Draw Order Record, and failed to search for, preserve, and produce responsive text message records and related communications of Auditor MacLean and Deputy Auditor Turnbull.

During the penalty hearing on July 24, Judge Schaller did not mince words.

“That is what truly shocks the conscience, that in Grays Harbor, that particular election was not properly conducted as it relates to the ballot. … Fundamental principles of our freedoms in this country and the freedom of elections, and for us to choose who we’re going to elect, and that it’s a fair process … it’s a huge deal,” Schaller said. “… Yes, I find that the Grays Harbor Auditor’s Office engaged in dishonesty. … The auditor allowed the ballot order to be changed. And then the buck stops with him to something that was not what the lot draw showed. And in that way, that’s interference with the election process.”

Frank Elduen said that he and his wife, Kerin, feel vindicated now that the decision has been handed down.

“Kerin and myself, we feel that what the judge had to say justified our feelings of how we were treated, what was going on at the time, with the judge saying that she believed there was election interference,” Frank Elduen said. “We feel there was justification for bringing this out, with all the talk about election problems, and voting problems and such we thought that it needed to be dealt with.”

The chair of the Grays Harbor County Board of County Commissioners, Georgia Miller, was disappointed to learn of the outcome of the proceedings.

“It is always disappointing when taxpayer dollars need to be used to pay penalties instead of providing services to our community. As public officials, we all have a responsibility to comply with Washington’s Public Records Act and to maintain the public’s trust through transparency and accountability,” Miller said via email. “It is my hope that people will learn from situations like this and make the improvements necessary to prevent them from happening again. The taxpayers deserve confidence that their government is operating openly, responsibly, and in compliance with the law.”

As for the penalties awarded, Frank Elduen said, “That goes to the lawyer, who takes his cut, which is 40 percent, which I’m fine with, it’s not about the money. We’ll support some charities.”