Z-689                 _______________________________________________

                                                   HOUSE BILL NO. 1011

                        _______________________________________________

State of Washington                              49th Legislature                              1985 Regular Session

By Representatives Fisher, Tilly, Sanders and Wang

Read first time 2/8/85 and referred to Committee on Constitution Elections & Ethics.

AN ACT Relating to precincts and precinct election officers; amending RCW 29.01.120, 29.04.040, 29.04.055, 29.33.160, 29.45.010, 29.45.020, 29.45.030, 29.45.040, 29.45.050, 29.45.060, 29.45.070, 29.45.080, 29.45.090, 29.45.100, 29.45.120, and 29.62.090; repealing RCW 29.01.030, 29.01.150, 29.45.065, and 29.45.110; and providing an effective date.

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

        Sec. 1.  Section 29.01.120, chapter 9, Laws of 1965 and RCW 29.01.120 are each amended to read as follows:

          "Precinct" means a geographical subdivision for voting purposes ((within or without the limits of a city or town, whether)) established by ((a board of)) the county ((commissioners, by a city council, or by the board of supervisors of a township)) legislative authority.

        Sec. 2.  Section 3, chapter 107, Laws of 1980 and RCW 29.04.040 are each amended to read as follows:

          (1) No ((paper ballot)) precinct ((shall)) in which voting is conducted by paper ballot may contain more than three hundred registered voters.

(2) The county legislative authority may ((divide,)) alter((, or combine precincts so that, whenever practicable, over populated precincts shall contain no more than two hundred fifty registered voters in anticipation of future growth.

          (2))) precinct boundaries ((may be altered)) at any time ((as long as sufficient time exists prior to a given election for the necessary procedural steps to be honored:  PROVIDED, HOWEVER, That no precinct boundaries shall be changed)) except during the period starting ((as of)) on the thirtieth day prior to the first day for candidates to file for the primary ((election)) and ending with the day of the general election.

          (3) No precinct((s)) in which voting is conducted on voting machines or electronic voting devices ((are used)) may contain ((as many as)) more than nine hundred registered voters((:  PROVIDED, That)).  There shall be at least one voting machine or device for each ((three)) four hundred registered voters or ((major)) fraction ((thereof when)) of that number at a state primary or state general election ((is held)) in an even-numbered year.

          (4) On petition of twenty-five or more voters ((resident)) who each reside more than ten miles from ((any)) the current polling place ((of election)) for their precinct, the county legislative authority shall either establish a separate voting precinct ((therefor)) for this area or change the location of the polling place for that precinct.

          The  county legislative authority of ((each)) any new county in the state ((hereafter formed)) shall((, at their first session,)) divide ((their respective counties)) the county into election precincts ((with two hundred fifty voters or less)) as required by this section and establish the boundaries of the ((same;)) precincts.  The county auditor shall ((thereupon)) designate the ((voting)) polling place for each ((such)) precinct.

        Sec. 3.  Section 29.04.055, chapter 9, Laws of 1965 as last amended by section 5, chapter 361, Laws of 1977 ex. sess. and RCW 29.04.055 are each amended to read as follows:

          At any primary or election, general or special, ((or at any primary,)) the ((election authority)) county auditor may combine((, unite,)) or divide precincts for the purpose of holding such primary or election((:  PROVIDED, That in the event such election shall be held upon the day of any state primary or state general election held in an even-numbered year this section shall not apply)).

        Sec. 4.  Section 29.33.160, chapter 9, Laws of 1965 and RCW 29.33.160 are each amended to read as follows:

          General provisions with reference to use of voting machines are:

          (1) The list of offices and candidates and the statements of measures when properly arranged and affixed by ballot labels to a voting machine shall be deemed an official ballot.

          (2) A "diagram" as in this chapter defined shall be deemed a sample ballot.

          (3) The protective counter on a voting machine must be so constructed that it cannot be reset, altered, or operated except by operating the machine in the manner it is operated when actually voting.

          (4) Statements of canvass take the place of tally-keepers, statements, and returns provided for in connection with voting in precincts where voting machines are not used.

          (5) ((Not later than forty days before)) For any primary, special election, or general election, ((for the purpose of using one or more voting machines therein,)) the ((election authority may create, unite,)) county auditor may combine or divide ((election)) precincts.  ((More than one voting machine may be used in the same precinct.))  There shall be at least one machine in each precinct((: PROVIDED, That)).  Where precincts have been combined under ((the provisions of)) this ((chapter, there shall be used at such combined polling place a)) subsection, the number of voting machines used shall be no less than the number of precincts ((so)) combined.

          (6) No voting machine shall be used at any election unless each party voting device thereon is locked against movement, and the machine has been prepared in such a way that the voter cannot by a single operation vote for all the candidates of one party.

        Sec. 5.  Section 29.45.010, chapter 9, Laws of 1965 as last amended by section 7, chapter 71, Laws of 1983 1st ex. sess. and RCW 29.45.010 are each amended to read as follows:

          At least ten days prior to any primary, special election, or general election, ((general or special,)) the county auditor shall appoint at least one inspector and two judges of election for each ((precinct (or each combination of precincts temporarily consolidated as a single precinct for that primary or election), other than those precincts designated as vote-by-mail precincts pursuant to RCW 29.36.120,)) polling place.  As far as practical, polling place officials should be selected from among the ((names contained)) persons named on the lists furnished ((by the chairman of the county central committee of the political parties entitled to representation thereon)) under RCW 29.45.030.

          ((Such precinct election officers, whenever possible, should be residents of the precinct in which they serve.))

          The county auditor shall ((designate)) appoint the inspector and one judge in each ((precinct)) polling place from that political party which ((polled the highest)) received the greatest number of votes in the county for ((its candidate for)) president at the last preceding presidential election and one judge from that political party ((polling)) which received the next ((highest)) greatest number of votes in the county for ((its candidate for)) president at the same election.

Except for RCW 29.45.040, this shall be the exclusive method for the appointment of ((inspectors and judges to serve as precinct election officers)) polling place officials at any primary or election((, general or special, and shall supersede the provisions of any and all other statutes, whether general or special in nature, having different requirements)).

        Sec. 6.  Section 29.45.020, chapter 9, Laws of 1965 as amended by section 2, chapter 101, Laws of 1965 ex. sess. and RCW 29.45.020 are each amended to read as follows:

          At the ((same)) time the ((officer having jurisdiction of the election)) county auditor appoints the inspector and two judges ((as provided in)) for each polling place under RCW 29.45.010, he or she may appoint one or more persons to act as clerks ((if in his judgment such additional persons are necessary, except that in precincts in which voting machines are used, the judges of election shall perform the duties required to be performed by clerks)).

          ((Each clerk appointed shall represent a major political party:  PROVIDED, That)) The political party representation of a single set of ((precinct election officers)) polling place officials shall, whenever possible, be equal ((but, in any event,)) .  No single political party shall be represented by more than a majority of one polling place official at each polling place.

          The ((election officer having jurisdiction of the election)) county auditor may ((designate at what hour)) determine what hours the clerks shall ((report for duty.  The hour may vary among the precincts according to the judgment of the appointing officer)) work.

        Sec. 7.  Section 29.45.030, chapter 9, Laws of 1965 as amended by section 3, chapter 101, Laws of 1965 ex. sess. and RCW 29.45.030 are each amended to read as follows:

          The precinct ((committeeman)) committeeperson of each major political party ((shall)) may certify to his or her county ((chairman)) chairperson a list of ((those)) persons belonging to ((his)) that political party who are qualified to ((act upon)) serve on the election board in ((his)) the polling place for that precinct.

          At least sixty days prior to the state primary ((or election)) each year, the ((chairman)) chairperson of the county central committee of each major political party shall certify to the ((officer having jurisdiction of the election)) county auditor, a list of ((those)) persons belonging to his or her political party ((in each precinct)) who are qualified to ((act)) serve on the election board ((therein)) in that county.

          The county ((chairman)) chairperson shall compile this list from the names certified by ((his various)) the precinct ((committeemen unless no names or not sufficient names have been certified from a precinct, in which event he)) committeepersons.  If an insufficient number of names have been recommended by the precinct committeepersons, the county chairperson may include ((therein)) the names of any qualified members of ((his)) that party ((selected by him)).  The county ((chairman shall also have the authority to substitute)) chairperson may omit names of persons recommended by ((his)) the precinct ((committeemen)) committeepersons if, in his judgment ((such)), these persons are not qualified to serve as ((precinct election officers)) polling place officials.

        Sec. 8.  Section 29.45.040, chapter 9, Laws of 1965 and RCW 29.45.040 are each amended to read as follows:

          If no election officers have been appointed for a ((precinct,)) polling place or, if at the hour for opening the polls, none of those appointed is present at the polling place ((therein)), the voters present may appoint the election ((board)) officers for that ((precinct)) polling place.  ((One of the judges may perform the duties of clerk of election.))  The inspector ((shall have the power to)) of the polling place may fill any vacancy that ((may occur in the board of judges, or by absence or refusal to serve of either of the clerks)) occurs after the polls ((shall)) have been opened.

        Sec. 9.  Section 29.45.050, chapter 9, Laws of 1965 as last amended by section 2, chapter 102, Laws of 1973 and RCW 29.45.050 are each amended to read as follows:

          ((There shall be but one set of election officers in each precinct except as provided in this section.))

          In ((every precinct)) any polling place where the election is conducted using paper ballots ((having two hundred or more registered voters there shall be appointed, and in every precinct having less than two hundred registered voters there may be appointed, at a state primary or state general election, two or more sets of precinct election officers as provided in RCW 29.04.020 and 29.45.010.  The officer in charge of the election)) the county auditor may appoint ((one or more)) additional polling place officials to serve as counting boards ((at his discretion, when he decides that because of a long or complicated ballot or because of the number of expected voters, there is need of additional counting board or boards to improve the speed and accuracy of the count)).

          ((In making such appointments, one or more sets of precinct election officers shall be designated as the counting board or boards, the first of which shall consist of an inspector, two judges, and a clerk and the second set, if activated,)) Each counting board shall consist of two judges and two clerks.  The ((duties of the)) counting board or boards shall ((be the)) count ((of)) the ballots cast, certify the results to the county auditor, and ((the)) return ((of)) the election records and supplies to the ((officer having jurisdiction of the election)) county auditor.

          ((One set of precinct election officers shall be designated as the receiving board which shall have all other powers and duties imposed by law for such elections.))

        Sec. 10.  Section 29.45.060, chapter 9, Laws of 1965 as last amended by section 3, chapter 102, Laws of 1973 and RCW 29.45.060 are each amended to read as follows:

          The inspector and judges of election in each ((precinct)) polling place shall conduct the primary or election((s therein and)) for all precincts served by that polling place.  They shall issue and receive((, deposit, and count)) the ballots cast ((thereat and make returns to the proper canvassing board or officer except that when two or more sets of precinct election officers are appointed as provided in RCW 29.45.050, the ballots shall be counted by the counting board or boards as provided in RCW 29.54.030, 29.54.043, and 29.54.045)) in those precincts.  In precincts in which voting is conducted by paper ballot, the counting board shall count the ballots and certify the returns to the county auditor under RCW 29.45.050.

        Sec. 11.  Section 29.45.070, chapter 9, Laws of 1965 and RCW 29.45.070 are each amended to read as follows:

          The inspector shall be ((chairman of)) the ((board and after its organization)) supervisor of the polling place.  He or she shall ((have power to)) administer all ((necessary)) oaths which may be required ((in the progress of the election)), assign responsibilities to the other polling place officials, and direct the work of the counting boards under RCW 29.45.050.

        Sec. 12.  Section 29.45.080, chapter 9, Laws of 1965 and RCW 29.45.080 are each amended to read as follows:

          The inspector, judges, and clerks of ((election)) each polling place, before ((entering upon)) assuming the duties of their offices, shall take and subscribe the ((prescribed)) appropriate oath or affirmation which shall be administered to them by ((any person authorized to administer oaths and verified under the hand of the person by whom such oath or affirmation is administered.  If no such person is present, the inspector shall administer the same to the judges and clerks, and one of the judges shall administer the oath to)) the inspector.

          The county auditor shall furnish two copies of the proper form of oath to each ((precinct election officer, one copy thereof,)) polling place official.  After execution, ((to)) one copy of each oath shall be ((placed and transmitted)) returned to the county auditor with the election ((returns)) supplies.

        Sec. 13.  Section 29.45.090, chapter 9, Laws of 1965 and RCW 29.45.090 are each amended to read as follows:

          The following shall be the form of the oath or affirmation to be ((taken)) subscribed to by each polling place inspector:

          "I, ((A B))  ..... , do swear ((())or affirm(())) that I will ((duly)) faithfully attend to the duties assigned to me for the ensuing primary or election((, during the continuance thereof, as an inspector, and)); that I will not receive any ballot ((or vote)) from any person ((other than such as)) I ((firmly)) do not believe to be entitled to vote at such primary or election((, without requiring such evidence of the right to vote as is directed by law; nor will I vexatiously)); that I will not delay the vote of, or refuse to receive, a ballot from any person whom I believe to be entitled to vote; ((but)) that I will ((in all things truly,)) impartially((,)) and faithfully perform my duty ((therein)) to the best of my judgment and abilities; and that I am not, directly nor indirectly, interested in any bet or wager on the result of this primary or election."

        Sec. 14.  Section 29.45.100, chapter 9, Laws of 1965 and RCW 29.45.100 are each amended to read as follows:

          The following shall be the oath or affirmation of each polling place judge or clerk:

          "((We, A B)) I, ..... , do swear ((())or affirm(())) that ((we)) I will ((as judges duly attend the ensuing election, during the continuance thereof, and)) faithfully assist the inspector in ((carrying on the same)) the conduct of this primary or election; that ((we)) I will not ((give our)) consent to the receipt of any vote or ballot from any person((, other than one)) whom ((we firmly)) I do not believe to be entitled to vote at such primary or election; and that ((we will make a true and perfect return of the said election and)) I will ((in all things truly,)) impartially((,)) and faithfully perform ((our)) my duty ((respecting the same)) to the best of ((our)) my judgment and abilities; and that ((we are)) I am not directly nor indirectly interested in any bet or wager on the result of this primary or election."

        Sec. 15.  Section 29.45.120, chapter 9, Laws of 1965 as amended by section 2, chapter 124, Laws of 1971 ex. sess. and RCW 29.45.120 are each amended to read as follows:

          The ((fees of officers of election)) compensation for polling place officials shall be ((as follows)):

(1) To the judges and clerks ((of an election)) not less than the minimum hourly wage ((per hour as provided)) under RCW 49.46.020 ((as now or hereafter amended)), the exact amount to be fixed by the ((respective boards of)) county ((commissioners)) legislative authority for each county.

(2) To polling place inspectors, no less than the rate paid to judges and clerks ((plus an additional two hours' compensation.  The precinct election officer picking up)) as determined by the county legislative authority.

(3) A polling place official who picks up or delivers the election supplies ((and returning the)) or election returns to the county auditor shall ((be entitled to)) receive additional compensation((, the exact amount to be)) as determined by the ((respective boards of)) county ((commissioners)) legislative authority for each county.

        Sec. 16.  Section 29.62.090, chapter 9, Laws of 1965 as amended by section 96, chapter 361, Laws of 1977 ex. sess. and RCW 29.62.090 are each amended to read as follows:

          ((Immediately after)) As soon as the ((official)) results of a state primary or state general election ((in his county)) are ((ascertained)) certified under this chapter, the county auditor ((or other election officer)) shall make an abstract of the number of registered voters in each precinct and of ((all)) the votes cast in ((his county at such state primary or general election)) each precinct for and against state measures and for each candidate for federal, state, and legislative office or ((for)) any other office which the secretary of state is required ((by law)) to canvass.  The abstract shall be entered on blanks furnished by the secretary of state or on compatible computer printouts approved by the secretary of state, and transmitted to the secretary of state ((no later than the next)) on the same business day ((following)) as the certification by the county canvassing board.

NEW SECTION. Sec. 17.  The following acts or parts of acts are each repealed:

                   (1) Section 29.01.030, chapter 9, Laws of 1965 and RCW 29.01.030;

          (2) Section 29.01.150, chapter 9, Laws of 1965 and RCW 29.01.150;

          (3) Section 5, chapter 102, Laws of 1973 and RCW 29.45.065; and

          (4) Section 29.45.110, chapter 9, Laws of 1965 and RCW 29.45.110.

NEW SECTION. Sec. 18.    This act shall take effect on January 1, 1986.