H-0177.2                  _______________________________________________

                                                      HOUSE BILL 1164

                              _______________________________________________

State of Washington                              53rd Legislature                             1993 Regular Session

By Representatives Silver, Brown, Mielke, Dellwo, Schoesler, Orr, Padden, Sheahan, Linville, Talcott, Springer, Dyer and Foreman

Read first time 01/20/93.  Referred to Committee on State Government.

Foregoing a recount when the apparent winner and the closest apparent defeated opponent each request that the recount not be conducted.

          AN ACT Relating to elections; and amending RCW 29.64.015.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  RCW 29.64.015 and 1991 c 90 s 2 are each amended to read as follows:

          (1) Except as provided in subsection (3) of this section, if the official canvass of all of the returns for any office at any primary or election reveals that the difference in the number of votes cast for a candidate apparently nominated or elected to any office and the number of votes cast for the closest apparently defeated opponent is not more than one-half of one percent of the total number of votes cast for both candidates, the county canvassing board shall conduct a recount of all votes cast on that position.

          (a) Whenever such a difference occurs in the number of votes cast for candidates for a position which appears on the ballot in more than one county, the secretary of state shall, within three business days of the day that the returns of the primary or election are first certified by the canvassing boards of those counties, direct those boards to recount all votes cast on the position.

          (b) Whenever the difference in the number of votes cast for such candidates is less than one-fourth of one percent of the total number of votes cast for both candidates, the votes shall be recounted manually or by such alternative method of conducting the recount as may be agreed to, in writing, by the candidates involved in the recount.  To be a valid alternative, any alternative method of conducting such a recount which is selected by candidates under this subsection shall be suited to the balloting system that was used for casting votes for the candidates.

          (2) A mandatory recount shall be conducted in the manner provided by RCW 29.64.020, 29.64.030, and 29.64.040.  No cost of a mandatory recount may be charged to any candidate.

(3) A recount shall not be conducted for the office under this section if the candidate who was apparently nominated or elected to the office and the closest apparently defeated opponent each file a signed statement requesting that the recount not be conducted.  Such a statement shall be filed with the elections officer with whom declarations of candidacy for the office must be filed.

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