WSR 04-10-084

EXPEDITED RULES

SECRETARY OF STATE


[ Filed May 4, 2004, 1:30 p.m. ]

     Title of Rule: Title 434 WAC update.

     Purpose: The purpose is to update all of the statutory references in Title 434 WAC from Title 29 RCW to Title 29A RCW after the legislature passed a bill reorganizing Title 29 RCW into Title 29A RCW. Their only changes to the rule are to amend the citations to the appropriate section in Title 29A RCW.

     Statutory Authority for Adoption: RCW 29.04.080.

     Summary: The legislature passed a bill reorganizing Title 29 RCW into Title 29A RCW. Their only changes to the rules contained herein are to amend the citations to the appropriate section in Title 29A RCW.

     Reasons Supporting Proposal: Without this update the rules governing the conduct of elections will not have the appropriate RCW citation making it difficult to determine which statute is being referenced by the rule.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Shawn Merchant, 520 Union Avenue, P.O. Box 40229, Olympia, WA 98504, (360) 902-4154.

     Name of Proponent: Office of the Secretary of State, governmental.

     Rule is not necessitated by federal law, federal or state court decision.

     Explanation of Rule, its Purpose, and Anticipated Effects: The purpose is to amend all of the RCW citations to the new election statutes that become effective on July 1, 2004. The anticipated effect is to allow users to find and reference the statute that the rule refers to and is implementing.

     Proposal does not change existing rules.

NOTICE

     THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THE USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Shawn Merchant, Office of the Secretary of State, P.O. Box 40229, Olympia, WA 98504 , AND RECEIVED BY July 5, 2004.


April 3, 2004

Steve Excell

Assistant Secretary of State

OTS-7184.1


AMENDATORY SECTION(Amending WSR 02-15-156, filed 7/23/02, effective 8/23/02)

WAC 434-208-060   Filing of electronic facsimile documents.   In addition to those documents specified by RCW ((29.04.230)) 29A.04.255, the secretary of state or the county auditor shall accept and file in his or her office electronic facsimile transmissions of the following documents:

     (1) The text of any proposed initiative, referendum, or recall measure and any accompanying documents required by law;

     (2) Any minor party or independent candidate filing material except nominating petitions;

     (3) Lists of presidential electors selected by political parties or independent candidates;

     (4) Voted ballots, provided the voter agrees to waive the secrecy of his or her ballot;

     (5) Resolutions from cities, towns, and other districts calling for a special election;

     (6) Filling of vacancies on the ticket by a major political party;

     (7) Voter registration form.

[Statutory Authority: 2002 c 140 § 3. 02-15-156, § 434-208-060, filed 7/23/02, effective 8/23/02; 98-08-010, recodified as § 434-208-060, filed 3/18/98, effective 3/18/98. Statutory Authority: RCW 29.04.230. 92-18-087, § 434-08-060, filed 9/2/92, effective 10/3/92.]

OTS-7185.1


AMENDATORY SECTION(Amending WSR 02-09-007, filed 4/4/02, effective 4/4/02)

WAC 434-215-005   Filing information -- Questionnaire -- Compiling and dissemination.   Prior to May 1 of each year, the county auditor shall send a questionnaire to the administrative authority of each local jurisdiction for which the auditor is the candidate filing officer subject to the provisions of RCW ((29.13.010 and 29.13.020)) 29A.04.320 and 29A.04.330. The purpose of the questionnaire shall be to confirm information which the auditor may disseminate to the public regarding the filing for elective offices. The questionnaire should request, as a minimum, confirmation of offices to be filled at the general election that year, the name of the incumbent, the annual salary for the position at the time of the filing period, and the statutory reference for candidate eligibility. Responses should be received prior to June 1 of that year so that the filing information can be compiled and disseminated to the public at least two weeks prior to the candidate filing period.

[02-09-007, recodified as § 434-215-005, filed 4/4/02, effective 4/4/02. Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 97-21-045, § 434-228-005, filed 10/13/97, effective 11/13/97.]

OTS-7186.1


AMENDATORY SECTION(Amending WSR 97-21-045, filed 10/13/97, effective 11/13/97)

WAC 434-230-010   Sample ballots.   Sample paper ballots shall be printed in substantially the same form as official ballots, but shall be a different color than the official ballot. Sample ballots for counties using electronic or mechanical voting systems shall be printed in a manner that makes them easily distinguishable from the official ballot. Sample ballots shall be available starting fifteen days prior to an election. Such sample ballots shall be made available through the office of the county auditor and at least one shall be available at all polling places on election day.

     Names of the candidates in each office to appear on the primary ballot shall be arranged on the sample ballot in the order provided by RCW ((29.30.020)) 29A.36.120. The names of the candidates in each office to appear on the general election ballot shall be listed on the sample ballot in the order in which their names appear on the official ballot. State measures and local measures shall be in the same order as they appear on the official ballot.

     At any primary or election when a local voters' pamphlet is published which contains a full sample ballot, a separate sample ballot need not be printed.

     Counties with populations of over five hundred thousand may produce more than one sample ballot for a primary or election, each of which lists a portion of the offices and issues to be voted on at that election. Sample ballots may be printed by region or area (e.g., legislative district, municipal, or other district boundary) of the county, provided that all offices and issues to be voted upon at the election appears on at least one of the various sample ballots printed for such county. Each regional sample ballot shall contain all offices and issues to be voted upon within that region. A given office or issue may appear on more than one sample ballot, provided it is to be voted upon within that region. Sample ballots shall be made available and distributed to each polling place and to other locations within the appropriate region or area.

[Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 97-21-045, recodified as § 434-230-010, filed 10/13/97, effective 11/13/97. Statutory Authority: RCW 29.04.080 and 29.04.210. 92-10-038, § 434-30-010, filed 5/4/92, effective 6/4/92.]


AMENDATORY SECTION(Amending WSR 97-21-045, filed 10/13/97, effective 11/13/97)

WAC 434-230-070   Method for billing expense for printing and distributing ballot materials.   As provided by RCW ((29.30.130)) 29A.36.220, the cost of printing ballots, ballot cards, and instructions and the delivery of materials to the precinct election officers shall be an election cost that shall be borne as determined under RCW ((29.13.045 and 29.13.047)) 29A.04.410 and 29A.04.420. These costs shall include all expenses associated with, but not limited to, the printing of election related materials including costs associated with the ordering, administration, design, typesetting, layout, and printing of ballots, ballot cards, instructions, election signs, sample ballots, official tally sheets, and other related materials. Costs associated with the delivery of supplies include, but are not limited to, the transportation and delivery of election materials and voting devices; plus costs associated with coordinating the delivery and return of these items. Each jurisdiction or entity shall be responsible for its proportionate share of these election printing costs. Counties may choose to compute election costs utilizing the state auditor's allocation formula.

[Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 97-21-045, recodified as § 434-230-070, filed 10/13/97, effective 11/13/97. Statutory Authority: RCW 29.04.080 and 29.04.210. 92-10-038, § 434-30-070, filed 5/4/92, effective 6/4/92.]


AMENDATORY SECTION(Amending WSR 00-11-042, filed 5/11/00, effective 6/11/00)

WAC 434-230-170   Electronic voting devices -- Ballot form.   Each office on the ballot shall be identified, along with a statement designating how many candidates are to be voted on for such office (e.g., vote for . . . . . , with the words, "one," "two," or a spelled number). The office term shall be included on the ballot if such term is other than a full term (e.g., short/full term, two-year unexpired term, etc.). Each office shall be listed on the ballot in the manner prescribed by law or administrative rule. Following the office designation the names of all candidates for that position shall be listed together with political party designation certified by the secretary of state as provided in RCW ((29.27.020)) 29A.36.010 or the word "nonpartisan," or "NP" as applicable. Each office listed on the ballot shall be separated by a bold line. In a year in which a President of the United States is to be elected, the names of all candidates for President and Vice-President for each party shall be grouped together. Each group shall be enclosed in brackets with one vote response position for each party, where the voter may indicate their choice.

     Candidate names shall be printed in a type style and point size which is easily read. If a candidate's name exceeds the space provided, the election official shall take whatever steps necessary to place the name on the ballot in a manner which is readable. These steps may include using a smaller point size, a different type style, or setting the name in upper/lower case letters, rather than upper case, if appropriate.

     Each position, with the candidates running for that office, shall be clearly delineated from the following one by a bold line. Following each listing of candidates shall be a blank space for writing in the name of any candidate, if desired, on the ballot card, or a write-in space provided on the ballot envelope.

[Statutory Authority: RCW 29.04.210 and 29.30.020. 00-11-042, § 434-230-170, filed 5/11/00, effective 6/11/00. Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 97-21-045, recodified as § 434-230-170, filed 10/13/97, effective 11/13/97. Statutory Authority: RCW 29.04.080 and 29.04.210. 92-10-038, § 434-30-170, filed 5/4/92, effective 6/4/92.]


AMENDATORY SECTION(Amending WSR 00-11-042, filed 5/11/00, effective 6/11/00)

WAC 434-230-210   Paper ballots -- Ballot form.   Following ballot measures, each office to be elected shall be identified along with a statement designating how many candidates are to be voted on for such office (e.g., vote for . . . . . , with the words, "one," "two," or a spelled number). Office term shall be included on the ballot if such term is other than a full term (e.g., short/full term, two-year unexpired term, etc.). Offices shall be arranged in the manner described in RCW ((29.30.020)) 29A.36.120. Immediately following shall be the names of all candidates for that position, together with the political party designation certified by the secretary of state as provided in RCW ((29.27.020)) 29A.36.010 or the word "nonpartisan" or "NP." Each office to be elected shall be separated by a bold line. In a year in which a President of the United States is to be elected, the names of all candidates for President and Vice-President for each party shall be grouped together. Each group shall be enclosed in brackets with a single square to either the left or right in which the voter indicates their choice.

     Candidates names shall be printed in a type style and point size which is easily read. If a candidate's name exceeds the space provided, the election official shall take whatever steps necessary to place the name on the ballot in a manner which is readable. These steps may include using a smaller point size, a different type style, or setting the name in upper/lower case letters, rather than upper case, if appropriate.

     There shall be a box at either the left or right of the name of each candidate so that a voter may clearly indicate the candidate or candidates for whom they wish to cast their vote.

     Immediately following the list of candidates for a given position shall appear a blank space or spaces for writing in the name of a candidate, followed by a box to the right of the blank space.

[Statutory Authority: RCW 29.04.210 and 29.30.020. 00-11-042, § 434-230-210, filed 5/11/00, effective 6/11/00. Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 97-21-045, recodified as § 434-230-210, filed 10/13/97, effective 11/13/97. Statutory Authority: RCW 29.04.080 and 29.04.210. 92-10-038, § 434-30-210, filed 5/4/92, effective 6/4/92.]


AMENDATORY SECTION(Amending WSR 00-11-042, filed 5/11/00, effective 6/11/00)

WAC 434-230-220   Same party designations used for primary and general elections.   The party designations certified by the secretary of state in RCW ((29.27.020)) 29A.36.010 for primary elections shall be used on all general election ballots.

[Statutory Authority: RCW 29.04.210 and 29.30.020. 00-11-042, § 434-230-220, filed 5/11/00, effective 6/11/00.]

OTS-7187.1


AMENDATORY SECTION(Amending WSR 02-09-007, filed 4/4/02, effective 4/4/02)

WAC 434-238-030   Request for mail ballot election.   At any nonpartisan, special election, not conducted in conjunction with a primary or general election, the jurisdiction requesting the election may also request that the election be conducted entirely by mail ballot. Such a request may be included in the resolution calling for the special election adopted pursuant to RCW ((29.13.010 or 29.13.020)) 29A.04.320 or 29A.04.330, or it may be done by separate resolution. Not less than forty days prior to the date for which a mail ballot special election has been requested, the county auditor shall inform the requesting jurisdiction, in writing, that either (1) the request for the mail ballot special election is granted, or (2) that the request for the mail ballot special election is not granted, for reasons specified.

[02-09-007, recodified as § 434-238-030, filed 4/4/02, effective 4/4/02. Statutory Authority: RCW 29.04.210, 29.36.150. 02-07-028, § 434-236-030, filed 3/12/02, effective 4/12/02. Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 97-21-045, recodified as § 434-236-030, filed 10/13/97, effective 11/13/97. Statutory Authority: 1983 1st ex.s. c 71. 83-22-055 (Order 83-2), § 434-36-030, filed 11/1/83.]


AMENDATORY SECTION(Amending WSR 02-09-007, filed 4/4/02, effective 4/4/02)

WAC 434-238-060   Notice of election.   In any mail ballot election, the notice of election published pursuant to RCW ((29.27.080)) 29A.52.350 shall include the following:

     (1) The title of each office to be voted upon, if any;

     (2) The names and addresses of all candidates; and

     (3) The ballot titles of all ballot measures.

     The notice shall also list:

     (a) The precincts that are voting by mail ballot only if not the entire election;

     (b) The location where voters may obtain replacement ballots; and

     (c) The location(s) where unmailed ballots may be deposited between the hours of 7:00 a.m. and 8:00 p.m. on the day of the election, and any other dates and times such locations will be open.

     The auditor shall additionally notify local radio, television, and newspapers, if applicable, that the election is to be conducted by mail ballot only.

[02-09-007, recodified as § 434-238-060, filed 4/4/02, effective 4/4/02. Statutory Authority: RCW 29.04.210, 29.36.150. 02-07-028, § 434-236-060, filed 3/12/02, effective 4/12/02. Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 97-21-045, recodified as § 434-236-060, filed 10/13/97, effective 11/13/97. Statutory Authority: 1983 1st ex.s. c 71. 83-22-055 (Order 83-2), § 434-36-060, filed 11/1/83.]


AMENDATORY SECTION(Amending WSR 02-09-007, filed 4/4/02, effective 4/4/02)

WAC 434-238-100   Depositing of ballots.   Ballots may be deposited in the auditor's office at any time, during normal business hours, prior to the day of the election and from 7:00 a.m. to 8:00 p.m. on election day. The county auditor shall designate at least one other place for the deposit of ballots not returned by mail within the jurisdiction holding the mail ballot special election whenever, in his or her judgment, having only the auditor's office as a place of deposit would unduly inconvenience the voter. If other places of deposit are designated, each shall be staffed by two persons designated by the auditor. Whenever possible, the persons designated by the county auditor to staff places of deposit shall be representatives of each political party entitled to nominate precinct election officers pursuant to chapter ((29.45)) 29A.44 RCW. The person designated by the auditor shall not be an employee of the jurisdiction for whom the election is conducted and shall subscribe to an oath regarding the discharge of his or her duties, administered by the county auditor. All designated places of deposit shall be open from 7:00 a.m. until 8:00 p.m. on the day of the election and shall have a secure ballot box. The county auditor may designate additional dates and times during which any or all places of deposit may be open prior to election day. The ballot box shall be constructed in such a manner that return envelopes, once deposited, may be removed only by the county auditor or the persons appointed to staff the place(s) of deposit. These persons shall ensure that the affidavit on the return envelope is signed before the ballot is deposited in the ballot box. The person(s) staffing the designated place of deposit shall add the time and place of deposit to any ballot envelope deposited after 8:00 p.m. on election day. Such ballots shall be referred to the canvassing board for consideration if special circumstances are involved and documented by the persons staffing the place of deposit.

[02-09-007, recodified as § 434-238-100, filed 4/4/02, effective 4/4/02. Statutory Authority: RCW 29.04.210, 29.36.150. 02-07-028, § 434-236-100, filed 3/12/02, effective 4/12/02. Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 97-21-045, recodified as § 434-236-100, filed 10/13/97, effective 11/13/97. Statutory Authority: 1983 1st ex.s. c 71. 83-22-055 (Order 83-2), § 434-36-100, filed 11/1/83.]


AMENDATORY SECTION(Amending WSR 02-09-007, filed 4/4/02, effective 4/4/02)

WAC 434-238-110   Obtaining replacement ballots.   The county auditor may issue replacement ballots to a registered voter who claims that the original issued ballot is destroyed, spoiled, lost, or not received. The voter may obtain the ballot by telephone request, by mail, electronically, or in person at the county auditor's office. The county auditor shall keep a record of each replacement ballot provided under this subsection.

     The county auditor shall maintain a record of each replacement ballot so issued. Any absentee ballot request made wherein the voter lists an address different from that to which his or her mail ballot has been or is to be mailed shall be handled as provided by RCW ((29.36.030)) 29A.40.060.

[02-09-007, recodified as § 434-238-110, filed 4/4/02, effective 4/4/02. Statutory Authority: RCW 29.04.210, 29.36.150. 02-07-028, § 434-236-110, filed 3/12/02, effective 4/12/02. Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 97-21-045, recodified as § 434-236-110, filed 10/13/97, effective 11/13/97. Statutory Authority: 1983 1st ex.s. c 71. 83-22-055 (Order 83-2), § 434-36-110, filed 11/1/83.]


AMENDATORY SECTION(Amending WSR 02-09-007, filed 4/4/02, effective 4/4/02)

WAC 434-238-170   Logic and accuracy test.   At least three days before any mail ballot special election, if an electronic vote tallying system is to be used, the auditor shall conduct a logic and accuracy test of all programming. Wherever applicable, this test shall be conducted in accordance with RCW ((29.33.350)) 29A.12.130, except that the secretary of state need not be present.

[02-09-007, recodified as § 434-238-170, filed 4/4/02, effective 4/4/02. Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 98-03-033, § 434-236-170, filed 1/13/98, effective 2/13/98; 97-21-045, recodified as § 434-236-170, filed 10/13/97, effective 11/13/97. Statutory Authority: 1983 1st ex.s. c 71. 83-22-055 (Order 83-2), § 434-36-170, filed 11/1/83.]

OTS-7188.1


AMENDATORY SECTION(Amending WSR 97-21-045, filed 10/13/97, effective 11/13/97)

WAC 434-240-005   Authority and purpose.   This chapter is adopted pursuant to RCW ((29.36.150)) 29A.40.150 and chapter 34.04 RCW in order to establish uniform procedures governing the requesting, processing, and canvassing of absentee ballots.

[Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 97-21-045, recodified as § 434-240-005, filed 10/13/97, effective 11/13/97. Statutory Authority: RCW 29.36.150. 88-03-019 (Order 88-1), § 434-40-005, filed 1/12/88.]


AMENDATORY SECTION(Amending WSR 03-15-054, filed 7/11/03, effective 8/11/03)

WAC 434-240-010   Definitions.   As used in this chapter:

     (1) An "elector" of the state of Washington is any person who qualifies under state or federal law as an overseas voter, service voter, or out-of-state voter and who:

     (a) Is not currently a registered voter in Washington or any other state;

     (b) Will be at least eighteen years of age at the time of the next election;

     (c) Is a citizen of the United States;

     (d) Is a legal resident of the state, county, and precinct for at least thirty days preceding the election at which he or she offers to vote;

     (e) Is not currently being denied his or her civil rights by being convicted of a crime for which he or she could have been sentenced to the state penitentiary;

     (2) "Out-of-state voters," "overseas voters," "protected records voters," and "service voters" are electors of the state of Washington and are not registered voters of Washington or any other state; electors of the state of Washington who are spouses or dependents of service voters shall be considered to be either out-of-state voters or overseas voters;

     (3) "Service voters" are electors of the state of Washington who are outside the state during the period available for voter registration and who are members of the armed forces while in active service, are students or members of the faculty at a United States military academy, are members of the merchant marine of the United States, are members of a religious group or welfare agency officially attached to and serving with the armed forces of the United States, or are certified participants in the address confidentiality program authorized by chapter 40.24 RCW.

     (4) "Canvassing" is that process of examining, in detail, a ballot, groups of ballots, election subtotals, or grand totals in order to determine the final official returns of a primary, special, or general election and in order to safeguard the integrity of the election process;

     (5) "Territorial limits of the United States" means the fifty United States and the District of Columbia;

     (6) "Ongoing absentee ballot" is a ballot provided to voters who have requested in writing to automatically receive an absentee ballot for each ensuing election for which he or she is entitled to vote, and provided to voters who are certified participants in the address confidentiality program, pursuant to the provisions of chapter 40.24 RCW;

     (7) "Hospital absentee ballot" is that absentee ballot provided to voters confined to a health care facility on the day of a primary or election;

     (8) "Regular absentee ballot" is that absentee ballot provided to voters or electors who request an absentee ballot and who do not either request or qualify for an ongoing absentee ballot, hospital absentee ballot, or special absentee ballot;

     (9) "Secure storage" are those locations provided for the storage of all material connected with the absentee ballot process, including ballots, and shall be under the direct control of the county auditor. Secure storage shall employ the use of numbered seals and logs or any other security measures which will detect any inappropriate access to the secured materials when such materials are not being prepared or processed by the county auditor or persons authorized by the county canvassing board;

     (10) "Challenged ballot" is that ballot issued to any voter whose registration has been challenged pursuant to the provisions of chapter ((29.10)) 29A.08 RCW and this chapter;

     (11) "Special ballot" is that ballot issued to a voter by precinct election officers pursuant to WAC 434-253-043.

     (12) "County auditor" shall be as defined by RCW ((29.01.043)) 29A.04.025, and with respect to the processing of absentee ballots and applications, the term includes any employee of the county auditor who is directed in writing to perform those duties on behalf of the county auditor.

     (13) "Mail ballot precinct" is any precinct containing less than two hundred active registered voters at the closing of voter registration under RCW ((29.07.160)) 29A.08.140 in which the county auditor has determined to conduct the voting by mail ballot.

[Statutory Authority: RCW 29.04.080. 03-15-054, § 434-240-010, filed 7/11/03, effective 8/11/03; 02-20-037, § 434-240-010, filed 9/24/02, effective 10/25/02. Statutory Authority: RCW 29.04.210, 29.36.150. 02-07-028, § 434-240-010, filed 3/12/02, effective 4/12/02. Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 97-21-045, recodified as § 434-240-010, filed 10/13/97, effective 11/13/97. Statutory Authority: 1991 c 23. 91-20-074, § 434-40-010, filed 9/26/91, effective 10/27/91. Statutory Authority: RCW 29.36.150. 88-03-019 (Order 88-1), § 434-40-010, filed 1/12/88.]


AMENDATORY SECTION(Amending WSR 02-07-028, filed 3/12/02, effective 4/12/02)

WAC 434-240-060   Termination of ongoing absentee voter status.   Status as an ongoing absentee voter shall be terminated upon the occurrence of any of the following:

     (1) The cancellation of the voter's registration record;

     (2) The written request of the voter;

     (3) The death or disqualification of the voter;

     (4) The return of an ongoing absentee ballot as undeliverable;

     (5) Upon being placed on inactive status.

     A service voter, as defined in RCW ((29.01.155)) 29A.04.163, who is a certified participant in the address confidentiality program authorized by chapter 40.24 RCW, shall maintain ongoing absentee voter status throughout the term of their program participation.

[Statutory Authority: RCW 29.04.210, 29.36.150. 02-07-028, § 434-240-060, filed 3/12/02, effective 4/12/02. Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 97-21-045, recodified as § 434-240-060, filed 10/13/97, effective 11/13/97. Statutory Authority: 1991 c 23. 91-20-074, § 434-40-060, filed 9/26/91, effective 10/27/91. Statutory Authority: RCW 29.36.150. 88-03-019 (Order 88-1), § 434-40-060, filed 1/12/88.]


AMENDATORY SECTION(Amending WSR 02-07-028, filed 3/12/02, effective 4/12/02)

WAC 434-240-320   Mail ballot precincts.   At any primary or election, general or special, the county auditor may, in any precinct having fewer than two hundred active registered voters, excluding ongoing absentee voters, at the time of closing of voter registration as provided in chapter ((29.07)) 29A.08 RCW, conduct the voting in that precinct by mail ballot. For any precinct so designated, the county auditor shall mail or deliver to each active and inactive registered voter within that precinct a notice that the voting in the precinct will be by mail ballot. A mail ballot shall be issued to each active registered voter, as soon as they are available, for all elections in that precinct. The auditor shall send each inactive voter either a ballot or an application to receive a ballot. The auditor shall determine which of the two is to be sent. If the inactive voter returns a voted ballot, the ballot shall be counted and the voter's inactive status restored to active. If the inactive voter returns an application form, a ballot shall be sent and the voter's inactive status restored to active.

     If the precinct exceeds two hundred registered voters, or the auditor determines to return to a polling place election environment, the auditor shall notify each registered voter, by mail, of this and shall provide the address of the polling place to be used.

     Unless otherwise provided for by law or administrative rule, mail ballot precinct ballots shall be processed in the same manner as absentee ballots. For all other purposes, including the rotation of ballots and the reporting of returns, mail ballot precinct ballots shall be treated in the same manner as polling place ballots unless otherwise provided for by law or administrative rule.

[Statutory Authority: RCW 29.04.210, 29.36.150. 02-07-028, § 434-240-320, filed 3/12/02, effective 4/12/02. Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 98-03-033, § 434-240-320, filed 1/13/98, effective 2/13/98.]

OTS-7189.1


AMENDATORY SECTION(Amending WSR 97-21-045, filed 10/13/97, effective 11/13/97)

WAC 434-253-290   Counting and tabulation of paper ballots where more than one set of precinct election officers are appointed -- Procedure.   In paper ballot precincts, when two or more teams of precinct election officers have been appointed as provided in RCW ((29.45.050)) 29A.44.450 the following procedure shall apply:

     (1) The teams or teams designated as the counting board or boards shall commence the tabulation of the primary or election ballots at a time set by the county auditor;

     (2) A second ballot container for receiving ballots shall be used, and the first ballot container shall be closed and delivered to the counting board or boards: Provided, That there have been at least ten ballots cast. The counting board or boards shall at a time set by the auditor proceed to the place provided for them and at once count the votes. When counted they shall return the emptied ballot container to the inspector and judges conducting the election and the latter shall then deliver to the counting board or boards the second ballot container, if there have been at least ten ballots cast, who shall then proceed as before. The counting of ballots and exchange of ballot containers shall continue until the polls are closed, after which the election board conducting the election shall conclude their duties and the counting board or boards shall continue until all ballots are counted;

     (3) The receiving board conducting the election shall perform all of the duties as now provided by law except for the counting of the ballots, the posting and certification of the unofficial returns and the delivery of the official returns, together with the election supplies, to the county auditor;

     (4) The oaths of office for all precinct election officials, when two or more sets of officials are employed, shall be as required by law.

[Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 97-21-045, recodified as § 434-253-290, filed 10/13/97, effective 11/13/97. Statutory Authority: 1990 c 59. 92-12-083, § 434-53-290, filed 6/2/92, effective 7/3/92.]

OTS-7190.1


AMENDATORY SECTION(Amending WSR 02-02-066, filed 12/28/01, effective 1/28/02)

WAC 434-257-010   Purpose.   These regulations are adopted ((pursuant to RCW 29.57.170)) to implement the provisions of chapter ((29.57)) 29A.16 RCW regarding the accessibility of polling places for all elections.

[Statutory Authority: RCW 29.57.170. 02-02-066, § 434-257-010, filed 12/28/01, effective 1/28/02; 98-08-010, recodified as § 434-257-010, filed 3/18/98, effective 3/18/98. Statutory Authority: RCW 29.57.170. 86-08-045 (Order 86-02), § 434-57-010, filed 3/27/86.]


AMENDATORY SECTION(Amending WSR 02-02-066, filed 12/28/01, effective 1/28/02)

WAC 434-257-030   Standards for accessible polling places.   A polling place is accessible if the standards of the state building code council are met or exceeded. If the standards cannot be met, alternative accommodations may be permitted under RCW ((29.57.090)) 29A.16.020. The following survey form may be used to determine if a polling place is accessible and meets or exceeds the standards of the state building code council. A poll site is fully accessible if all responses in each category are either "YES" or "N/A." A poll site is considered accessible but inconvenient if all "NO" responses in each category are only in shaded boxes and all responses in the unshaded boxes are either "YES" or "N/A."

Place illustration here.

Place illustration here.

Place illustration here.

Place illustration here.

Place illustration here.

Place illustration here.

Place illustration here.

Place illustration here.

Place illustration here.

[Statutory Authority: RCW 29.57.170. 02-02-066, § 434-257-030, filed 12/28/01, effective 1/28/02; 98-08-010, recodified as § 434-257-030, filed 3/18/98, effective 3/18/98. Statutory Authority: RCW 29.57.170. 86-08-045 (Order 86-02), § 434-57-030, filed 3/27/86. Statutory Authority: Chapter 29.57 RCW as amended by 1985 c 205. 85-18-003 (Order 85-3), § 434-57-030, filed 8/22/85.]


AMENDATORY SECTION(Amending WSR 98-08-010, filed 3/18/98, effective 3/18/98)

WAC 434-257-040   Use of public buildings as polling places.   A county auditor may request the legislative authority of a county, municipality or special district for the use of their facility as a polling place when, in the judgment of the county auditor, that facility would provide a location that would best satisfy the requirements of chapter ((29.57)) 29A.16 RCW. The county auditor shall notify the secretary of state if authorization to use such a facility is not granted and no other accessible location is available.

[98-08-010, recodified as § 434-257-040, filed 3/18/98, effective 3/18/98. Statutory Authority: RCW 29.57.170. 86-08-045 (Order 86-02), § 434-57-040, filed 3/27/86.]


AMENDATORY SECTION(Amending WSR 02-02-066, filed 12/28/01, effective 1/28/02)

WAC 434-257-150   Notice of accessibility.   Each county auditor shall include a list of polling places, indicating those polling places which are accessible according to the standards for voters, in the notice of election published under RCW ((29.27.030 and 29.27.080)) 29A.52.310 and 29A.52.350.

[Statutory Authority: RCW 29.57.170. 02-02-066, § 434-257-150, filed 12/28/01, effective 1/28/02; 98-08-010, recodified as § 434-257-150, filed 3/18/98, effective 3/18/98. Statutory Authority: RCW 29.57.170. 86-08-045 (Order 86-02), § 434-57-150, filed 3/27/86.]

OTS-7191.1


AMENDATORY SECTION(Amending WSR 99-12-004, filed 5/19/99, effective 6/19/99)

WAC 434-260-010   Intent.   It is the intent of this chapter to provide procedures to be followed in the conduct of election reviews and procedures to be followed for the certification and training of election administrators and assistant election administrators, and the training of county canvassing board members, and election observers as required by chapter ((29.60)) 29A.04 RCW.

[Statutory Authority: RCW 29.60.020. 99-12-004, § 434-260-010, filed 5/19/99, effective 6/19/99; 98-08-010, recodified as § 434-260-010, filed 3/18/98, effective 3/18/98. Statutory Authority: RCW 29.60.020. 93-18-053, § 434-60-010, filed 8/30/93, effective 9/30/93.]


AMENDATORY SECTION(Amending WSR 99-12-004, filed 5/19/99, effective 6/19/99)

WAC 434-260-020   Definitions.   As used in this chapter:

     (1) "Election review" means the process of examining all or a part of a county's election policies and procedures and includes the review of any documentation of those procedures;

     (2) "Election review staff" means the person or persons employed by the secretary of state for the purpose of conducting election reviews;

     (3) "Special election review" means an election review conducted in a county or counties whenever the unofficial returns of a primary or election indicate that a mandatory recount is likely in a race for the state legislature, congress, or statewide office;

     (4) "Preliminary review report of findings and recommendations" means that draft report made by the election review staff to the county auditor and which contains any recommendations made by the review staff and a preliminary conclusion regarding the county's election procedures;

     (5) "Draft election review report" means that report made by the election review staff to the county auditor and the designated members of the county canvassing board. The auditor and/or county canvassing board may respond to the draft election review report in writing and/or may appeal the report to the election administration and certification board((.));

     (6) "Final election review report" means that report made by the election review staff which contains a copy of the recommendations made by the review staff, any response to those recommendations made by the county auditor or the county canvassing board, and a conclusion written by the staff;

     (7) "Special review recommendations" means recommendations made by the review staff to the county auditor and the county canvassing board following the conduct of any special review;

     (8) "County auditor designee" is that person designated by the county auditor to participate in the review process, pursuant to the provisions of RCW ((29.60.080)) 29A.04.580. Such a designee must be certified as required by chapter ((29.60)) 29A.04 RCW.

     (9) "Election administrator" means the person or persons appointed by the county auditor to election management positions as required by RCW 36.22.220 and the state director of elections, assistant directors of elections, certification and training program staff members, and any other secretary of state election division employees designated by the director of elections;

     (10) "Assistant election administrator" means any person involved in the administration of elections at the state or county level who has been designated as an assistant election administrator by the state director of elections or the county auditor as applicable;

     (11) "County canvassing board members" means those officers designated as such pursuant to the provision of chapter 29A.60 RCW ((29.62.015));

     (12) "Election observers" means those persons designated by the county political party central committee chair person to observe the counting of ballots and related elections procedures;

     (13) "Election administration and certification board" means that board created pursuant to the provisions of RCW ((29.60.010)) 29A.04.510;

     (14) "Creditable training hours" means each creditable training hour contemplated in WAC 434-260-230 and shall consist of a minimum of fifty minutes of instructional activity programmed for the purpose of mastering information beneficial to the performance of the duties of administering elections.

[Statutory Authority: RCW 29.60.020. 99-12-004, § 434-260-020, filed 5/19/99, effective 6/19/99; 98-08-010, recodified as § 434-260-020, filed 3/18/98, effective 3/18/98. Statutory Authority: RCW 29.60.020. 93-18-053, § 434-60-020, filed 8/30/93, effective 9/30/93.]


AMENDATORY SECTION(Amending WSR 99-12-004, filed 5/19/99, effective 6/19/99)

WAC 434-260-040   Election reviews -- Secretary of state to designate.   Not later than August 1 the secretary of state shall notify, in writing, the counties selected for an election review. The notification may include tentative dates for the conduct of the reviews. Whenever possible, election reviews shall be conducted on dates that are mutually agreeable to the secretary and to the county auditor, except that those parts of the review process dealing with the actual conduct and canvassing of the election itself must be conducted between election day and the certification of the election returns. In designating counties to be reviewed, the secretary shall take into consideration any complaints filed with his or her office pursuant to the provisions of RCW ((29.60.070)) 29A.04.570 (1)(b).

[Statutory Authority: RCW 29.60.020. 99-12-004, § 434-260-040, filed 5/19/99, effective 6/19/99; 98-08-010, recodified as § 434-260-040, filed 3/18/98, effective 3/18/98. Statutory Authority: RCW 29.60.020. 93-18-053, § 434-60-040, filed 8/30/93, effective 9/30/93.]


AMENDATORY SECTION(Amending WSR 99-12-004, filed 5/19/99, effective 6/19/99)

WAC 434-260-080   Special review -- Legislative district race.   A special review shall be conducted in any legislative district contained entirely within one county whenever the unofficial returns from a legislative race indicate that a mandatory recount is likely. Such a review may be as extensive as an election review or may, at the secretary of state's discretion, concentrate only on those aspects of the election process dealing with ballot accountability, audit trail procedures, and ballot security. In any legislative district encompassing more than one county where the unofficial returns indicate that a mandatory recount is likely for a legislative district race, the secretary of state may direct a partial review in each county or may prioritize the review process. In prioritizing the review process, the secretary shall take into consideration the following factors:

     (1) The date and results of the last election review held in each county;

     (2) Any request from a county auditor for a special review;

     (3) Any written complaints filed with the secretary pursuant to the provisions of RCW ((29.60.070)) 29A.04.570 (1)(b);

     (4) Any written complaints, from any resident of the county regarding the specific election in question;

     (5) Any media stories or reports alleging election irregularities with respect to the election in question;

     (6) The date on which the determination is made that a special review is required.

[Statutory Authority: RCW 29.60.020. 99-12-004, § 434-260-080, filed 5/19/99, effective 6/19/99; 98-08-010, recodified as § 434-260-080, filed 3/18/98, effective 3/18/98. Statutory Authority: RCW 29.60.020. 93-18-053, § 434-60-080, filed 8/30/93, effective 9/30/93.]


AMENDATORY SECTION(Amending WSR 99-12-004, filed 5/19/99, effective 6/19/99)

WAC 434-260-140   Draft election review report.   As soon as practicable, but in any event not later than thirty days after the issuance of the preliminary report of findings and recommendations, the review staff shall issue a draft of the election review report to the county auditor and the designated members of the county canvassing board as provided in chapter 29A.60 RCW ((29.62.015)), and shall include, but not be limited to, the following:

     (1) A narrative description of recommendations made by the review staff;

     (2) Any other information the review staff deems pertinent;

     (3) A preliminary conclusion/evaluation of the county's election procedures.

     The draft election review report is exempt from public inspection and copying, as provided by RCW 42.17.310.

[Statutory Authority: RCW 29.60.020. 99-12-004, § 434-260-140, filed 5/19/99, effective 6/19/99; 98-08-010, recodified as § 434-260-140, filed 3/18/98, effective 3/18/98. Statutory Authority: RCW 29.60.020. 93-18-053, § 434-60-140, filed 8/30/93, effective 9/30/93.]


AMENDATORY SECTION(Amending WSR 99-12-004, filed 5/19/99, effective 6/19/99)

WAC 434-260-200   Standards for evaluating appeals.   In determining whether or not an appeal filed pursuant to RCW ((29.60.070)) 29A.04.570 and WAC 434-260-160 should be upheld and the final scheduled review report either modified or set aside, the election administration and certification board shall consider the following factors:

     (1) Whether or not the course of action or activity recommended by the review staff is required by federal or state law or by administrative rule;

     (2) Whether or not the findings or the course of action or activity recommended by the review staff enhances the standardization and uniformity of election practices and procedures throughout the state;

     (3) Whether or not the findings or the course of action or activity recommended by the review staff enhances the security or integrity of the ballots or the ballot counting process;

     (4) Whether or not the course of action or activity recommended by the review staff would cause unnecessary hardship or expense to the county making the appeal.

[Statutory Authority: RCW 29.60.020. 99-12-004, § 434-260-200, filed 5/19/99, effective 6/19/99; 98-08-010, recodified as § 434-260-200, filed 3/18/98, effective 3/18/98. Statutory Authority: RCW 29.60.020. 93-18-053, § 434-60-200, filed 8/30/93, effective 9/30/93.]


AMENDATORY SECTION(Amending WSR 99-12-004, filed 5/19/99, effective 6/19/99)

WAC 434-260-260   Open book written test.   The certification and training program will prepare an open book written test on Title ((29)) 29A RCW, Title 434 WAC, the Washington state Constitution, and other applicable state and federal election laws to be given annually to candidates for certification as election administrators or assistant election administrators.

[Statutory Authority: RCW 29.60.020. 99-12-004, § 434-260-260, filed 5/19/99, effective 6/19/99; 98-08-010, recodified as § 434-260-260, filed 3/18/98, effective 3/18/98. Statutory Authority: RCW 29.60.020. 94-07-018, § 434-60-260, filed 3/8/94, effective 4/8/94.]


AMENDATORY SECTION(Amending WSR 99-12-004, filed 5/19/99, effective 6/19/99)

WAC 434-260-330   Training program for election observers.   The secretary of state elections division shall prepare a training program for officially designated political party election observers. The training shall be made available upon receipt of a request, in writing, from the chair of the state central committee of any major political party. The training offered by this section does not replace the mandatory training for political party observers required by RCW ((29.33.340)) 29A.12.120.

[Statutory Authority: RCW 29.60.020. 99-12-004, § 434-260-330, filed 5/19/99, effective 6/19/99; 98-08-010, recodified as § 434-260-330, filed 3/18/98, effective 3/18/98. Statutory Authority: RCW 29.60.020. 94-07-018, § 434-60-330, filed 3/8/94, effective 4/8/94.]

OTS-7192.1


AMENDATORY SECTION(Amending WSR 97-21-045, filed 10/13/97, effective 11/13/97)

WAC 434-261-020   Counting center -- Political party observers.   Counting center operations shall be observed by at least one representative from each political party, if representatives have been appointed by the respective political parties and those representatives are present while the counting center is in operation.

     Prior to the primary or election, the county auditor shall determine the number of observers required in order to observe all aspects of the counting center proceedings, and shall request, in writing, that each major political party appoint representatives to fill the requirements. Where more than one observer is to be appointed, the political party shall designate one of their observers as supervisor. Counting center observers shall be provided training with respect to ballot processing procedures and the vote tallying system as required by RCW ((29.33.340)) 29A.12.120.

     Before final assignment as observers, major political party representatives so appointed shall be reviewed by the county auditor, who may refuse to approve any person so appointed. In the event the auditor rejects a person designated, he or she shall promptly notify the political party concerned and request that a substitute observer be appointed, and shall ensure that the substitute observer is trained as provided in subsection (2) of this section.

     Representatives of the major political parties appointed as observers shall be identified by roster, including assigned observer stations if more than one in the counting center, and by identification tags which will indicate the observer's name and the party represented.

[Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 97-21-045, recodified as § 434-261-020, filed 10/13/97, effective 11/13/97. Statutory Authority: RCW 29.04.080 and 29.04.210. 92-10-038, § 434-61-020, filed 5/4/92, effective 6/4/92.]


AMENDATORY SECTION(Amending WSR 02-07-029, filed 3/12/02, effective 4/12/02)

WAC 434-261-070   Manual inspection of ballots.   (1) Upon breaking the seals and opening the ballot containers from the precincts, all voting positions on voted ballots shall be manually inspected on both sides of the ballot and every voting position for unreadable ballots. The same manual inspection process shall apply to absentee ballots, mail ballot precinct ballots, and vote-by-mail ballots. This manual inspection shall include examining each voter response position, and is a required part of processing ballots used with all electronic vote tabulating systems.

     (2) The inspection of ballots tabulated at the poll site is not required provided that the poll site ballot programming provisions of RCW ((29.51.115)) 29A.44.340 are being complied with.

     (3) If the manual inspection process detects any physically damaged ballots, unreadable ballots which might not be correctly counted by the tabulating equipment, or that contain marks or punches that differ from those specified in the voting instructions contained on or with the ballot but clearly form a discernible and consistent pattern on the ballot to the extent that the voter's intent can be clearly determined, the county may either:

     (a) Refer the ballots to the county canvassing board;

     (b) Duplicate the ballots if authorized by the county canvassing board as per WAC 434-261-090; or

     (c) Enhance the ballots if authorized by the county canvassing board and enhancement can be accomplished without permanently obscuring the original marks or punches of the voters as per WAC 434-261-080 and 434-261-085.

     (4) In the case of punch card ballots, if two or more corners or attachment points are detached in a punch position, the vote is valid and the chad must be removed without duplication, enhancement, or reference to the county canvassing board. If less than two corners are detached, then subsection (3) of this section shall apply.

[Statutory Authority: RCW 29.04.210, 29.36.150. 02-07-029, § 434-261-070, filed 3/12/02, effective 4/12/02. Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 97-21-045, § 434-261-070, filed 10/13/97, effective 11/13/97.]

OTS-7193.1


AMENDATORY SECTION(Amending WSR 97-21-045, filed 10/13/97, effective 11/13/97)

WAC 434-262-005   Authority and purpose.   These rules are adopted pursuant to RCW ((29.04.080)) 29A.04.610 and chapter ((34.04)) 34.05 RCW in order to establish uniform procedures governing the canvass of primaries and elections, general and special, and to ensure the accurate and timely certification of those election returns.

[Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 97-21-045, recodified as § 434-262-005, filed 10/13/97, effective 11/13/97. Statutory Authority: RCW 29.04.080. 80-15-008 (Order 80-3), § 434-62-005, filed 10/3/80.]


AMENDATORY SECTION(Amending WSR 03-15-054, filed 7/11/03, effective 8/11/03)

WAC 434-262-010   Definitions.   As used in these regulations:

     (1) "Canvassing" is that process of examining in detail a ballot, groups of ballots, election subtotals, or grand totals, in order to determine the final official returns of a primary, special, or general election, and to safeguard the integrity of the election process.

     (2) "County canvassing board" is that body charged by law with the duty of canvassing absentee ballots, of ruling on the validity of questioned or challenged ballots, of the verifying all unofficial returns as listed in the auditor's abstract of votes, and the producing of the official county canvass report; it shall be composed of the county auditor, prosecuting attorney, and chairman of the board of the county legislative authority, or their designated representatives.

     (3) "Auditor's abstract of votes" is that report prepared by the county auditor which lists the number of registered voters, votes cast, all of the vote totals by precinct, or by combination of precincts if applicable, and which includes absentee ballot totals, legislative district subtotals, if any, and county-wide totals. Vote totals in the auditor's abstract of votes shall be unofficial until verified and certified by the county canvassing board.

     (4) "County canvass report" is the auditor's abstract of votes after verification by the county canvassing board and shall contain a certificate which shall include the oath as specified in RCW ((29.62.040)) 29A.60.200, the original signatures of each member of the county canvassing board, the county seal, and all other material pertinent to the election.

     (5) "Certified copy of the county canvass report" is that report transmitted by the county auditor to the secretary of state which contains registered voters and votes cast by precinct, or combination of precincts if applicable, votes cast for and against state measures, and votes cast for candidates for federal and statewide offices and for any office whose jurisdiction encompasses more than one county, absentee ballot totals for those measures and candidates, subtotals if applicable, and county-wide totals. It shall also include a certificate, bearing original signatures and an original county seal, identical to that included in the official county canvass report, and any other material which may be pertinent to the canvass of the election.

[Statutory Authority: RCW 29.04.080. 03-15-054, § 434-262-010, filed 7/11/03, effective 8/11/03. Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 97-21-045, recodified as § 434-262-010, filed 10/13/97, effective 11/13/97. Statutory Authority: RCW 29.04.080. 80-15-008 (Order 80-3), § 434-62-010, filed 10/3/80.]


AMENDATORY SECTION(Amending WSR 97-21-045, filed 10/13/97, effective 11/13/97)

WAC 434-262-015   Canvassing board -- Delegation of authority.   The county auditor, prosecuting attorney, and chair of the county legislative authority, or designees as per chapter 29A.60 RCW ((29.62.015)), shall be responsible for the performance of all duties of the county canvassing board, as set forth in chapters ((29.36 and 29.62)) 29A.40 and 29A.60 RCW, and the rules on canvassing adopted by the secretary of state. These duties shall be performed by the members of the board, or they may delegate in writing representatives to perform these duties. This written delegation of authority shall be filed with the county auditor prior to any person undertaking any action on behalf of the board. In no instance may the members of the county canvassing board delegate the responsibility of certifying the returns of any primary or election, of determining the validity of any challenged ballots, or of determining the validity of any special ballots referred to them by the county auditor, to anyone other than a person authorized by law to act on their behalf.

[Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 97-21-045, § 434-262-015, filed 10/13/97, effective 11/13/97.]


AMENDATORY SECTION(Amending WSR 03-15-054, filed 7/11/03, effective 8/11/03)

WAC 434-262-020   Preliminary abstract of votes.   Following the election and prior to the official canvass, the county auditor shall prepare a preliminary abstract of votes, listing the number of registered voters and votes cast. The preliminary abstract of votes must also list separately for votes cast by absentee ballot and those cast at the polls, votes cast for and against measures, votes cast for candidates, overvotes and undervotes, by precinct or groups of precincts in the event that precincts have been combined in accordance with RCW ((29.04.055)) 29A.16.060, for canvassing purposes. The county auditor shall inspect the preliminary abstract of votes for errors or anomalies that may affect the results of the election. Correction of any errors or anomalies discovered must be made prior to the official canvass.

[Statutory Authority: RCW 29.04.080. 03-15-054, § 434-262-020, filed 7/11/03, effective 8/11/03. Statutory Authority: RCW 29.04.210, 29.36.150. 02-07-028, § 434-262-020, filed 3/12/02, effective 4/12/02. Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 97-21-045, recodified as § 434-262-020, filed 10/13/97, effective 11/13/97. Statutory Authority: RCW 29.04.080. 80-15-008 (Order 80-3), § 434-62-020, filed 10/3/80.]


AMENDATORY SECTION(Amending WSR 97-21-045, filed 10/13/97, effective 11/13/97)

WAC 434-262-025   Canvassing board -- Notice of open public meeting.   All activities of the canvassing board shall be open to the public, although they may limit the number of persons observing any aspect of the process whenever, in their judgment, it is necessary to do so to preserve order and to safeguard the integrity of the process. The canvassing board may adopt and promulgate rules and regulations, not inconsistent with the provisions of this section, to ensure that the process is open to the public and that the procedures themselves are performed by the board free of any outside interference. The auditor shall publish notice of the meetings of the canvassing board. Such notice or notices shall be in substantially the following form:

align="center"

OPEN PUBLIC MEETING NOTICE


The canvassing board of (Name of County) County, pursuant to chapter ((29.62)) 29A.60 RCW, will hold public meetings at (Time of Meetings) , (Dates) , at (Locations) , to (Purpose of Meetings) . These meetings of the canvassing board are open, public meetings, and shall be continued until the activity for which the meetings are held has been completed.


     A record of the proceedings of the county canvassing board shall be made and maintained in the county auditor's office, and shall be available for public inspection and copying. The record shall be retained for the same time period required by law for the retention of absentee ballots.

[Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 97-21-045, § 434-262-025, filed 10/13/97, effective 11/13/97.]


AMENDATORY SECTION(Amending WSR 97-21-045, filed 10/13/97, effective 11/13/97)

WAC 434-262-030   Auditor's abstract of votes.   No later than the tenth day following any primary or special election and the fifteenth day following any general election the county canvassing board shall meet and canvass all absentee ballots not previously processed under the provisions of chapter ((29.36)) 29A.40 RCW, together with all special and challenged ballots. Upon completion of this canvass the board shall direct the county auditor to include all absentee ballot totals and all challenged and special ballot totals, or legislative district subtotals if applicable, in the preliminary abstract of votes prepared pursuant to WAC 434-262-020. The county auditor shall then add these totals to the existing precinct totals. The ensuing report, containing a count of all ballots cast in the election, subtotal reports by legislative district, and county-wide totals shall constitute the auditor's abstract of votes.

[Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 97-21-045, recodified as § 434-262-030, filed 10/13/97, effective 11/13/97. Statutory Authority: RCW 29.04.080. 80-15-008 (Order 80-3), § 434-62-030, filed 10/3/80.]


AMENDATORY SECTION(Amending WSR 97-21-045, filed 10/13/97, effective 11/13/97)

WAC 434-262-070   Official county canvass report.   Upon completion of the verification of the auditor's abstract of votes and the documentation of any corrective action taken, the county canvassing board shall sign a certification that the abstract is a full, true, and correct representation of the votes cast for the issues and offices listed thereon. The certification shall also state the total number of registered voters and votes cast in the county. The certification shall contain the oath required by RCW ((29.62.040)) 29A.60.200, signed by the county auditor and attested to by the chairman of the board of the county legislative authority, and shall have a space where the official seal of the county shall be attached. This certification, the auditor's abstract of votes, any adding machine tapes produced during the verification process, and the written narrative of errors and discrepancies discovered and corrected, if applicable, shall constitute the official county canvass report. This report may not be subsequently amended or altered, except in the event a recount conducted pursuant to chapter ((29.64)) 29A.64 RCW, or upon order of the superior court, or by the county canvassing board reconvened specifically for that purpose. The vote totals contained therein shall constitute the official returns of that election.

[Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 97-21-045, recodified as § 434-262-070, filed 10/13/97, effective 11/13/97. Statutory Authority: RCW 29.04.080. 80-15-008 (Order 80-3), § 434-62-070, filed 10/3/80.]

OTS-7194.1


AMENDATORY SECTION(Amending WSR 98-08-010, filed 3/18/98, effective 3/18/98)

WAC 434-291-070   Actions to contest contents of the ballot title or summary of the final cost-effectiveness study.   Any registered voter may appeal to the superior court of Thurston County to review the contents of the ballot title or the summary of the final cost-effectiveness study on a major public energy project bond measure up to ten days following the filing of such document with the secretary of state. Such appeals shall be conducted in the same manner as appeals of ballot titles on initiatives as provided in RCW ((29.79.060)) 29A.72.080.

[98-08-010, recodified as § 434-291-070, filed 3/18/98, effective 3/18/98. Statutory Authority: RCW 29.04.080 and 29.81.070. 82-12-022 (Order 82-1), § 434-91-070, filed 5/25/82.]


AMENDATORY SECTION(Amending WSR 98-08-010, filed 3/18/98, effective 3/18/98)

WAC 434-291-130   Permissible costs in allocation of election expenses.   County auditors may include in the election costs to be allocated pursuant to RCW ((29.04.047 [29.13.047])) 29A.04.420 any of the following types of charges:

     (1) Salaries, wages, and benefits for precinct officers and part-time or temporary employees whose responsibilities are directly attributable to the election, and for that portion of the time of regular employees (other than the county auditor) which is directly attributable the election;

     (2) Supplies specifically required for the election, including stationery, forms, other office supplies, and items for the repair and maintenance of equipment;

     (3) Telephone and postage costs which are directly attributable to the election;

     (4) Cartage or freight charges for moving or delivering voting machines, voting devices, voting booths, or delivery of precinct supplies and travel expenses for delivery of precinct returns;

     (5) Legal notices and published instructions in connection with the election, closing of registration, or canvassing;

     (6) Printing of ballots, poll books, tally books, instructions, signs, and other precinct supplies;

     (7) Repairs and maintenance of voting and vote tallying equipment;

     (8) Rentals for polling places and storage facilities for voting machines or devices;

     (10) Depreciation for voting equipment so long as such charges over the useful life of such equipment do not exceed the original value of the equipment;

     (11) That portion of the overhead cost of buildings or office space which is equal to the total of such costs multiplied by the ratio of the number of employee hours directly attributable to the major public energy project bond measure and the total number of employee hours for that office;

     (12) Data processing costs for programming related to the election and for machine time for program testing, and vote tallying.

[98-08-010, recodified as § 434-291-130, filed 3/18/98, effective 3/18/98. Statutory Authority: RCW 29.04.080 and 29.81.070. 82-12-022 (Order 82-1), § 434-91-130, filed 5/25/82.]

     Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION(Amending WSR 98-08-010, filed 3/18/98, effective 3/18/98)

WAC 434-291-170   Reimbursement to counties for proportional share of election costs.   Upon receipt of payment by the applicant, the secretary of state shall disburse the appropriate amounts to each county in the same manner as election costs are reimbursed pursuant to RCW ((29.13.047)) 29A.04.420.

[98-08-010, recodified as § 434-291-170, filed 3/18/98, effective 3/18/98. Statutory Authority: RCW 29.04.080 and 29.81.070. 82-12-022 (Order 82-1), § 434-91-170, filed 5/25/82.]

OTS-7195.1


AMENDATORY SECTION(Amending WSR 98-03-033, filed 1/13/98, effective 2/13/98)

WAC 434-324-060   Transmittal of signature cards to the secretary of state.   Each group of initiative and referendum signature cards transmitted to the office of the secretary of state under the provisions of chapter 29A.08 RCW ((29.07.120)) shall be accompanied by a properly executed certificate containing the following information: County, date, the number of cards, and the signature of the register of voters attesting to the authenticity of the cards.

[Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 98-03-033, § 434-324-060, filed 1/13/98, effective 2/13/98; 97-21-045, recodified as § 434-324-060, filed 10/13/97, effective 11/13/97; Order 74-4, § 434-24-060, filed 6/3/74; Order 6, filed 3/3/72.]


AMENDATORY SECTION(Amending WSR 98-08-010, filed 3/18/98, effective 3/18/98)

WAC 434-324-065   Exemption of transmittal of signature cards to the secretary of state.   Pursuant to the requirements of chapter 29A.08 RCW ((29.07.120)), a county auditor shall be exempted from transmitting voter registration cards required by RCW ((29.07.090 and 29.10.100)) 29A.08.240 and 29A.08.530, by providing the secretary of state access to electronic voter registration and electronic voter signature information, provided that access to the electronic data shall meet the specifications defined by the secretary of state and agreed to by the county auditor through interlocal agreement. If access to the electronic data is suspended by the county auditor, the county auditor shall provide a complete alphabetical copy of all voter registration records in that county. The records shall contain the voter's name, date of registration, voter registration number, and a facsimile of the voter's signature. The office of the county auditor shall pay for all costs incurred by the secretary of state in reestablishing a voter registration card file system.

[98-08-010, recodified as § 434-324-065, filed 3/18/98, effective 3/18/98. Statutory Authority: RCW 20.04.080 and 29.07.120. 97-18-014, § 434-24-065, filed 8/25/97, effective 9/25/97.]


AMENDATORY SECTION(Amending WSR 98-03-033, filed 1/13/98, effective 2/13/98)

WAC 434-324-085   Notice of new registration or transfer.   Whenever an individual registers to vote or transfers his/her registration record pursuant to RCW ((29.10.100)) 29A.08.530 or whenever a change in precinct boundaries requires that the existing record of a voter be moved from one precinct to another or be placed in a new precinct, the county auditor shall notify by nonforwardable, address correction requested mail, the individual or voter of such new registration, transfer, or change of precinct boundary acknowledging that the request of the individual or voter with respect to his record has been processed. Such notices and acknowledgment shall be provided on a form containing the following information: The voter's full name, address, county name, precinct name and/or number, voter ID number, the date the voter registered and a signature line for the voter.

[Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 98-03-033, § 434-324-085, filed 1/13/98, effective 2/13/98; 97-21-045, recodified as § 434-324-085, filed 10/13/97, effective 11/13/97; Order 74-4, § 434-24-085, filed 6/3/74.]


AMENDATORY SECTION(Amending WSR 98-03-033, filed 1/13/98, effective 2/13/98)

WAC 434-324-095   Cancellation due to death.   Pursuant to RCW ((29.10.090)) 29A.08.510, the county auditor shall maintain a supply of, furnish to the public upon request, and include in the supplies sent to each precinct for use by the precinct election officials, forms for the purpose of permitting registered voters to request that the voter registration record of any person, whom they personally know to be deceased, be cancelled.

[Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 98-03-033, § 434-324-095, filed 1/13/98, effective 2/13/98; 97-21-045, recodified as § 434-324-095, filed 10/13/97, effective 11/13/97; Order 74-4, § 434-24-095, filed 6/3/74.]


AMENDATORY SECTION(Amending WSR 97-21-045, filed 10/13/97, effective 11/13/97)

WAC 434-324-110   Transmittal of cancellations to the secretary of state.   Pursuant to the requirements of RCW ((29.10.100)) 29A.08.530, the county auditor shall prepare an alphabetical list of all voter registrations cancelled from the registration records of that county since the last previous report. The list shall contain the following information for each voter: Voter ID number, voter name, date of registration.

[Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 97-21-045, recodified as § 434-324-110, filed 10/13/97, effective 11/13/97; Order 74-4, § 434-24-110, filed 6/3/74. Formerly WAC 434-24-110, Contents of precinct list of registered voters, Order 6, filed 3/3/72.]


AMENDATORY SECTION(Amending WSR 97-21-045, filed 10/13/97, effective 11/13/97)

WAC 434-324-115   Challenge of voter's registration.   All county auditors shall maintain a supply of, and furnish to the public on request, forms substantially similar to the sample included below for the purpose of allowing a registered voter to challenge the registration of another voter pursuant to RCW ((29.10.130)) 29A.08.830. A copy of the form shall be sent to the voter, whose voter registration has been challenged and to the challenger pursuant to RCW ((29.10.140)) 29A.08.840. The form shall be substantially similar to the following:

align="center"

VOTER'S REGISTRATION CHALLENGE FORM


TO PROPERLY EXECUTE THIS FORM IT IS NECESSARY TO CHECK THE APPROPRIATE SQUARE BELOW. A SUMMARY OF THE ADMINISTRATIVE PROCEDURES WHICH WILL BE FOLLOWED WITH RESPECT TO THIS VOTER REGISTRATION CHALLENGE MAY BE FOUND ON THE REVERSE SIDE OF THIS FORM. align="center"

REASON FOR CHALLENGE


     The individual challenged is not a U.S. Citizen


     The individual challenged is not at least 18 years old


     The individual challenged is currently being denied his or her civil rights


     The individual challenged does not reside at the address at which he or she is registered and his or her actual residence is as follows:

. . . . . . . . . . . .
Note: State law (RCW ((29.10.130)) 29A.08.830) requires that challenging party must provide the address at which the challenged party resides in order for a challenge based on residence to be considered.

align="center"

PROVISIONS RELATING TO VOTING RESIDENCE


The State Constitution and state law provide that a voting residence shall not be lost if the voter is absent because of:


A.     State or Federal employment, including military service

B.     School attendance

C.     Business outside the state

D.     Confinement in prison


Note: Persons in the above categories have the legal right to continue to use their former residence for voting purposes and may continue to vote unless additional conditions or circumstances indicate they have forfeited that right in Washington. Any person instituting a voter registration challenge should be sure of the facts BEFORE signing the challenge affidavit.
align="center"

AFFIDAVIT OF CHALLENGER


I, . . . . ., declare, under penalty of perjury, that I am a registered voter, that I hereby challenge the voter's registration of . . . . . for the reason indicated above. I also state that I have read the above stated PROVISIONS RELATING TO VOTING RESIDENCE and that, to the best of my knowledge and belief, the above named individual does not fall into any of the protected categories.


. . . . . . . . . . . . .

DATE

 . . . . . . . . . . . .

SIGNATURE OF CHALLENGER
align="center"

VOTER'S REGISTRATION CHALLENGES
A SUMMARY OF ADMINISTRATIVE PROCEDURES
CHALLENGES FILED THIRTY OR MORE DAYS PRIOR TO A PRIMARY, SPECIAL OR GENERAL ELECTION


State law (RCW ((29.10.140)) 29A.08.840) requires the county auditor to notify, by certified mail, any voter whose registration has been challenged.


The notification must be mailed to the address at which the challenged voter is registered, to any address provided by the challenger as required by RCW ((29.10.130)) 29A.08.830, and to any other address that the auditor could reasonably expect the challenged voter might receive such notification.


Included with the notification must be a request that the voter appear at a hearing to be held within ten days of the mailing of the request, at the place and time specified, in order to assist the auditor in determining the validity of the challenge.


THE PERSON MAKING THE CHALLENGE MUST BE PROVIDED WITH A COPY OF THE NOTIFICATION AND REQUEST MAILED TO THE CHALLENGED VOTER.


If either the challenger or the challenged voter, or both, are unable to appear in person they may file affidavits, stating UNDER OATH the reasons they believe the challenge to be valid or invalid.


The county auditor shall determine the validity of the challenge based on his or her evaluation of the evidence presented by both parties to the challenge. The decision of the auditor is final, subject only to a petition for judicial review under chapter ((34.04)) 34.05 RCW.

align="center"

CHALLENGES FILED WITHIN THIRTY DAYS OF A PRIMARY, SPECIAL OR GENERAL ELECTION


State law (RCW ((29.10.130)) 29A.08.830) provides that in the event the challenge is made within thirty days of an election, the voter and the precinct election officers within the voter's precinct are to be notified.


Both the challenged voter and the precinct election officers are also to be informed that in the event the voter attempts to vote at the ensuing election, he or she will be provided with a CHALLENGED BALLOT.


The validity of the challenge and the disposition of the challenged ballot will be determined by the county canvassing board and both the challenger and the challenged voter may either appear in person or submit affidavits in support of their respective positions.


In the event the challenged voter does NOT vote at the ensuing election, the challenge shall be processed in the same manner as challenges made more than thirty days prior to the election.


In the event the challenge is filed more than thirty days prior to a primary or election, the challenge shall be processed in the manner provided by RCW ((29.10.140)) 29A.08.840. If the voter votes and returns his or her absentee ballot prior to the county auditor making his or her determination as to the validity of the challenge, the returned ballot shall be segregated from other absentee ballots and not processed until such a determination is made. In the event the challenge is made within thirty days of a primary or election and prior to the absentee ballots being separated from the return envelopes, the challenge and the returned ballot shall be forwarded to the canvassing board and processed in the manner provided by RCW ((29.10.127)) 29A.08.820. If the challenge is made within thirty days of a primary or election but after the ballots have been separated from the return envelopes, the challenge shall be processed by the county auditor in the manner provided by law for challenges made more than thirty days prior to the primary or election.

[Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 97-21-045, recodified as § 434-324-115, filed 10/13/97, effective 11/13/97; Order 74-4, § 434-24-115, filed 6/3/74.]


AMENDATORY SECTION(Amending WSR 98-03-033, filed 1/13/98, effective 2/13/98)

WAC 434-324-120   Contents of precinct list of registered voters.   The precinct list of registered voters as required by RCW ((29.48.030)) 29A.44.110 shall contain the name, residence address, sex, month and day of birth, and voter registration number of each voter in the precinct, a listing of the districts in which that voter resides, and a designation of the applicable county, legislative district, and precinct, or a ballot code identifying this information. The names shall be listed alphabetically by surname. The list shall contain a space for each voter to sign his/her name and to verify his/her current address and a space for the inspector or judge to credit the voter with having participated in a particular election as provided in RCW ((29.51.070)) 29A.44.230. The county auditor may eliminate from precinct lists ongoing absentee voters and voters requesting absentee ballots for that election. If the names of such voters do not appear, the precinct list shall clearly indicate that the voters are not included on the list.

[Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 98-03-033, § 434-324-120, filed 1/13/98, effective 2/13/98; 97-21-045, recodified as § 434-324-120, filed 10/13/97, effective 11/13/97; Order 74-4, § 434-24-120, filed 6/3/74; Order 6, filed 3/3/72.]


AMENDATORY SECTION(Amending WSR 98-03-033, filed 1/13/98, effective 2/13/98)

WAC 434-324-130   Contents of list of registered voters for the public.   Pursuant to the provisions of RCW ((29.04.100 and 29.04.120)) 29A.08.720 and 29A.08.740, the county auditor shall furnish to any person, upon request, current lists of registered voters at actual reproduction cost. The county auditor shall, upon request, select names and addresses from the voter registration records on the basis of the precinct code, the district code, date of registration, or voting history of each individual voter in that portion of the voter registration file. Such lists may contain any information maintained on the computer file except the date of birth of each registered voter and may be in the form of computer printouts, computer-prepared labels, microfilm duplicates, or magnetic tape copies of such information. Such voter registration lists shall be used only for political purposes; commercial use of this information shall be punishable as provided in RCW ((29.04.120)) 29A.08.740 as now or hereafter amended.

[Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 98-03-033, § 434-324-130, filed 1/13/98, effective 2/13/98; 97-21-045, recodified as § 434-324-130, filed 10/13/97, effective 11/13/97; Order 74-4, § 434-24-130, filed 6/3/74; Order 6, filed 3/3/72.]


AMENDATORY SECTION(Amending WSR 97-21-045, filed 10/13/97, effective 11/13/97)

WAC 434-324-140   Requests for list of registered voters.   The county auditor shall require each person who requests a list of registered voters under the authority of RCW ((29.04.100)) 29A.08.720 and WAC 434-324-130 to sign a request on a form substantially similar to the sample included below.

REQUEST FOR LIST OF REGISTERED VOTERS

County Auditor Date

I request a listing of registered voters for the following precinct and/or taxing districts:

computer printed list
mailing labels
magnetic tape
I understand that the County Auditor is required by law to furnish copies of current registration lists of registered voters in his possession to any person, upon request, PROVIDED: That such lists be used only for political purposes and shall not be used for commercial purposes. (RCW ((29.04.100)) 29A.08.720)
I further understand that any violation of RCW ((29.04.100)) 29A.08.720 relating to the use of lists of registered voters is a felony and shall be punished by imprisonment in the state ((penitentary)) penitentiary for a period of not more than five years or a fine of not more than five thousand dollars, or both such fine and imprisonment, in addition to possible civil penalties.
(Name of Requester (please print) (Witness)
          (Address) (Approved by)
          (Signature)

[Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 97-21-045, recodified as § 434-324-140, filed 10/13/97, effective 11/13/97; Order 74-4, § 434-24-140, filed 6/3/74. Formerly WAC 434-24-130.]

OTS-7196.1


AMENDATORY SECTION(Amending WSR 98-08-010, filed 3/18/98, effective 3/18/98)

WAC 434-326-015   Voter registration at driver license facilities.   Pursuant to RCW ((29.07.260)) 29A.08.340 a person may register to vote or transfer a voter registration when he or she applies for or renews a driver license or state identification card. Nothing in these rules should be interpreted as allowing voter registration by mail.

[98-08-010, recodified as § 434-326-015, filed 3/18/98, effective 3/18/98. Statutory Authority: Chapter 29.07 RCW. 91-18-013, § 434-26-015, filed 8/26/91, effective 9/26/91.]

OTS-7197.1


AMENDATORY SECTION(Amending WSR 02-09-007, filed 4/4/02, effective 4/4/02)

WAC 434-333-063   Definition of official logic and accuracy test.   As used in this chapter, "official logic and accuracy test" means the test performed in accordance with RCW ((29.33.350)) 29A.12.130.

[02-09-007, recodified as § 434-333-063, filed 4/4/02, effective 4/4/02. Statutory Authority: RCW 29.33.350. 99-08-115, § 434-334-063, filed 4/7/99, effective 5/8/99.]


AMENDATORY SECTION(Amending WSR 02-09-007, filed 4/4/02, effective 4/4/02)

WAC 434-333-090   Logic and accuracy test certification -- State primary and general election.   The county auditor or deputy, and, if present, the office of the secretary of state representative and any political party observers shall certify that the test has been conducted in accordance with RCW ((29.33.350)) 29A.12.130. Copies of this certification shall be retained by the secretary of state and the county auditor. All programming materials, test results, and test ballots shall be securely sealed until the day of the primary or election. These items may be sealed and stored separately.

     If, for any reason, any changes are made to the ballot counting programming after the official logic and accuracy test, an emergency logic and accuracy test must be conducted pursuant to WAC ((434-334-082 [434-333-082])) 434-333-082.

[02-09-007, recodified as § 434-333-090, filed 4/4/02, effective 4/4/02. Statutory Authority: RCW 29.33.350. 00-10-009, § 434-334-090, filed 4/21/00, effective 5/22/00; 99-08-115, § 434-334-090, filed 4/7/99, effective 5/8/99. Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 97-21-045, recodified as § 434-334-090, filed 10/13/97, effective 11/13/97. Statutory Authority: 1990 c 59. 92-12-083, § 434-34-090, filed 6/2/92, effective 7/3/92.]


AMENDATORY SECTION(Amending WSR 02-09-007, filed 4/4/02, effective 4/4/02)

WAC 434-333-110   Logic and accuracy test certification -- Special election.   The county auditor or deputy and any political party observers, if present, shall certify that the test has been conducted in accordance with RCW ((29.33.350)) 29A.12.130. Copies of this certification shall be retained by the county auditor. All programming materials, official test results, and test ballots shall be securely sealed until the day of the primary or election. These items may be sealed and stored separately.

     If, for any reason, any changes are made to the ballot counting programming after the official logic and accuracy test, an emergency logic and accuracy test must be conducted pursuant to WAC ((434-334-082 [434-333-082])) 434-333-082.

[02-09-007, recodified as § 434-333-110, filed 4/4/02, effective 4/4/02. Statutory Authority: RCW 29.33.350. 00-10-009, § 434-334-110, filed 4/21/00, effective 5/22/00; 99-08-115, § 434-334-110, filed 4/7/99, effective 5/8/99. Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 97-21-045, recodified as § 434-334-110, filed 10/13/97, effective 11/13/97. Statutory Authority: 1990 c 59. 92-12-083, § 434-34-110, filed 6/2/92, effective 7/3/92.]

OTS-7198.1


AMENDATORY SECTION(Amending WSR 98-08-010, filed 3/18/98, effective 3/18/98)

WAC 434-369-005   Authority and purpose.   These rules are adopted under authority of RCW ((29.04.140)) 29A.76.040 pursuant to chapter ((34.04)) 34.05 RCW to establish and govern the procedures in the census mapping project by the secretary of state.

[98-08-010, recodified as § 434-369-005, filed 3/18/98, effective 3/18/98. Statutory Authority: RCW 29.04.140. 80-05-013 (Order 80-2), § 434-69-005, filed 4/8/80.]


AMENDATORY SECTION(Amending WSR 98-08-010, filed 3/18/98, effective 3/18/98)

WAC 434-369-010   Definitions.   As used in these regulations:

     (1) "Census mapping project" includes all functions performed by the secretary of state and each county auditor in the preparation, maintenance, distribution, and filing of precinct maps, detail maps, and census correspondence listings pursuant to RCW ((29.04.130)) 29A.76.040.

     (2) "Secretary of state" includes the secretary of state, assistant secretary of state, deputy secretary of state, or any other person authorized by the secretary of state to act in his or her behalf in the census mapping project.

     (3) "County auditor" includes each county auditor, county elections official, or any other person authorized by the county auditor to act in his or her behalf in the census mapping project.

     (4) "Census maps" refers to the maps provided by the U.S. Census Bureau which indicate census unit boundaries and numeric identification of such census units.

     (5) "Census units" refers to the census geographic area designations for which the population count will be reported including census tracts, block groups, blocks, enumeration districts, and county census divisions.

     (6) "Precinct maps" refers to the maps prepared by each county auditor pursuant to RCW ((29.04.130)) 29A.76.040 which indicate the boundaries and numeric identification of each precinct in that county.

     (7) "Precinct lists" refers to the lists prepared by each county auditor pursuant to RCW ((29.04.050)) 29A.16.050(3) which indicate the names and consecutively assigned numbers of each precinct in that county.

     (8) "Base maps" refers to the sets of mylar maps of each county which are provided by the secretary of state on which final detail maps will be prepared.

     (9) "Census overlay maps" refers to the mylar overlay maps prepared by the secretary of state which indicate census unit boundaries and numeric identification for the area covered by each base map.

     (10) "Precinct overlay maps" refers to the mylar overlay maps prepared by each county auditor which indicate precinct boundaries and numeric identification for the area covered by each base map.

     (11) "Detail map" refers to the sets of maps produced by the combination of the base maps with the corresponding census and precinct overlay maps for each county.

     (12) "Census correspondence listings" refers to the lists prepared by each county auditor pursuant to RCW ((29.04.130)) 29A.76.040 which indicate the census units or portions of census units contained in each precinct in that county.

[98-08-010, recodified as § 434-369-010, filed 3/18/98, effective 3/18/98. Statutory Authority: RCW 29.04.140. 80-05-013 (Order 80-2), § 434-69-010, filed 4/8/80.]


AMENDATORY SECTION(Amending WSR 98-08-010, filed 3/18/98, effective 3/18/98)

WAC 434-369-020   Precinct maps -- Availability and distribution.   (1) Pursuant to the provisions of RCW ((29.04.130)) 29A.76.040, on or before July 1, 1980, each county auditor shall prepare for public inspection and use precinct maps of that county.

     (2) On or before July 18, 1980, each county auditor shall transmit to the secretary of state one complete set of precinct maps of that county.

     (3) Each county auditor shall also send one copy of the precinct maps of each city or town in that county to the clerk of that city or town.

[98-08-010, recodified as § 434-369-020, filed 3/18/98, effective 3/18/98. Statutory Authority: RCW 29.04.140. 80-05-013 (Order 80-2), § 434-69-020, filed 4/8/80.]


AMENDATORY SECTION(Amending WSR 98-08-010, filed 3/18/98, effective 3/18/98)

WAC 434-369-050   Precinct overlay maps -- Preparation.   Pursuant to the provisions of RCW ((29.04.130)) 29A.76.040, each county auditor shall prepare precinct overlay maps for each base map of the county and each city and town within that county according to the following procedures:

     (1) Precinct overlay maps shall be prepared on the reproducible mylar overlays provided by the secretary of state; (2) each county auditor shall transfer all precinct boundaries and numeric identification in red ink onto the mylar overlay for each base map of that county; and (3) each overlay map shall include the following identification in the lower left hand corner: (a) The name of the area covered by the map; (b) an arrow indicating north; and (c) the preparation date of the precinct overlay map.

[98-08-010, recodified as § 434-369-050, filed 3/18/98, effective 3/18/98. Statutory Authority: RCW 29.04.140. 80-05-013 (Order 80-2), § 434-69-050, filed 4/8/80.]


AMENDATORY SECTION(Amending WSR 98-08-010, filed 3/18/98, effective 3/18/98)

WAC 434-369-060   Census correspondence listings -- Preparation.   Pursuant to the provisions of RCW ((29.04.130)) 29A.76.040, each county auditor shall prepare a census correspondence listing according to the following procedures: (1) Record the census tracts or county census divisions (CCD) and the smallest census units in each area for which population counts are to be reported from the sequential census unit listing supplied by the U.S. Census Bureau. (The order of census information on the census correspondence listing shall be identical to the sequential census unit listing.) (2) Record the number or numbers, as assigned pursuant to RCW ((29.04.050)) 29A.16.050(3), of each precinct which is wholly or partially coextensive with the census unit; (3) wherever census unit or precinct boundaries are not coincident, estimate for each portion of a split census unit, the proportion of the total number of registered voters residing in each precinct containing a portion of the split census unit. (Each county auditor shall refer to current voter registration lists and other available information to determine such estimated proportion of registered voters. Such estimates shall be expressed to at least the nearest 10 percent of the total number of registered voters within the precinct.)

     The census correspondence listings shall be prepared in substantially the following form:

(WAC 434-369-060, Illus. 1)

Place illustration here.

[98-08-010, recodified as § 434-369-060, filed 3/18/98, effective 3/18/98. Statutory Authority: RCW 29.04.140. 80-05-013 (Order 80-2), § 434-69-060, filed 4/8/80.]

OTS-7199.1


AMENDATORY SECTION(Amending WSR 97-21-045, filed 10/13/97, effective 11/13/97)

WAC 434-379-010   Random sampling procedure.   In the verification of signatures on initiative and referendum petitions, under RCW ((29.79.200)) 29A.72.230, the following statistical test may be employed:

     (1) Take an unrestricted random sample of the signatures submitted;

     (2) Check each signature sampled to determine the number of valid signatures in the sample, the number of signatures in the sample which are invalid because the individual signing is not registered or the signature is improper in form, and the number of signatures which are duplicated in the sample;

     (3) Calculate an allowance for the chance error of sampling by multiplying the square root of the number of invalid signatures in the sample by 1.5;

     (4) Estimate the upper limit of the number of signatures in the population which are invalid by dividing the sum of the invalid signatures in the sample and the allowance for the chance error of sampling by the sampling ratio, i.e. the number of signatures sampled divided by the number of signatures submitted;

     (5) Determine the maximum allowable number of pairs of signatures in the population by subtracting the sum of the number of signatures required by Article II, Section 1A of the Washington state constitution and the estimate of the upper limit of the number of invalid signatures in the population from the number of signatures submitted;

     (6) Determine the expected number of pairs of signatures in the sample by multiplying the square of the sampling ratio by the maximum allowable number of pairs of signatures in the population;

     (7) Determine the acceptable number of pairs of signatures in the sample by subtracting 1.65 times the square root of the expected number of pairs of signatures in the sample from the expected number of pairs of signatures in the sample;

     (8) If the number of pairs of signatures in the sample is greater than the acceptable number of pairs of signatures in the sample, each signature shall be canvassed to determine the exact number of valid signatures;

     (9) If the number of pairs of signatures in the sample is less than the acceptable number of pairs of signatures in the sample, the petition shall be deemed to contain sufficient signatures and the serial number and ballot title shall be certified to the state legislature as provided in RCW ((29.79.200)) 29A.72.230 or to the county auditors as provided in RCW ((29.79.230)) 29A.72.250.

[Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 97-21-045, recodified as § 434-379-010, filed 10/13/97, effective 11/13/97. Statutory Authority: RCW 29.79.200 and 29.04.080. 97-17-035, § 434-79-010, filed 8/13/97, effective 9/13/97. Statutory Authority: RCW 29.79.200. 78-08-032 (Order 78-2), § 434-79-010, filed 7/17/78.]

OTS-7200.1


AMENDATORY SECTION(Amending WSR 02-02-067, filed 12/28/01, effective 1/28/02)

WAC 434-381-120   Deadlines.   (1) Candidate statements and photographs shall be submitted to the secretary of state:

     (a) For candidates who filed during the regular filing period, within three business days after filing their declaration of candidacy;

     (b) For candidates who filed during a special filing period, or were selected by a political party pursuant to either RCW ((29.15.150 or 29.15.160)) 29A.52.010 or 29A.24.140, within three business days after the close of the special filing period or selection by the party.

     (2) For ballot measures, including initiatives, referendums, alternatives to initiatives to the legislature, and constitutional amendments, the following documents shall be filed with the secretary of state on or before the following deadlines:

     (a) Appointments of the initial two members of committees to prepare arguments for and against measures:

     (i) For an initiative to the people or referendum measure: Within ten business days after the submission of signed petitions to the secretary of state;

     (ii) For an initiative to the legislature, with or without an alternative, constitutional amendment or referendum bill, within ten business days after the adjournment of the regular or special session at which the legislature approved or referred the measure to the ballot:

     (b) Appointment of additional members of committees to prepare arguments for and against ballot measures, not later than the date the committee submits its initial argument to the secretary of state;

     (c) Arguments for or against a ballot measure, no later than twenty calendar days following appointment of the initial committee members;

     (d) Rebuttals of arguments for or against a ballot measure, by no later than fourteen calendar days following the transmittal of the final statement to the committees by the secretary. The secretary shall not transmit arguments to opposing committees for the purpose of rebuttals until both arguments are complete.

     (3) If a ballot measure is the product of a special session of the legislature and the secretary of state determines that the deadlines set forth in subsection (2) of this section are impractical due to the timing of that special session, then the secretary of state may establish a schedule of deadlines unique to that measure.

     (4) The deadlines stated in this rule are intended to promote the timely publication of the voters pamphlet. Nothing in this rule shall preclude the secretary of state from accepting a late filing when, in the secretary's judgment, it is reasonable to do so.

[Statutory Authority: RCW 29.81.320. 02-02-067, § 434-381-120, filed 12/28/01, effective 1/28/02.]

OTS-7201.1


AMENDATORY SECTION(Amending WSR 98-19-063, filed 9/16/98, effective 10/17/98)

WAC 434-840-005   Definitions.   For the purposes of this chapter:

     (1) "Address confidentiality program" means the agency employee designated by the secretary of state with responsibility for developing and administering the program that implements the provisions of chapter 40.24 RCW.

     (2) "Agency" means an office, department, division, bureau, board, commission, or other statutory unit of state or local government or any functional subdivision of that agency.

     (3) "Application assistant" means an employee of a state or local agency, or of a nonprofit program that provides counseling, referral, or shelter services to victims of sexual assault or domestic violence, who has been designated by the respective agency, and has been accepted and registered by the secretary of state to assist individuals in the completion of program participation applications.

     (4) "Authorization card form" means the incomplete form for an authorization card on which no identifying program participant information has been entered.

     (5) "Authorized personnel" means an employee of a county auditor's office, a county recording office, the Washington state department of health, or the office of the secretary of state who has been designated by the chief executive officer of the respective agency, to process and have access to voter application, voting records, marriage applications and records pertaining to program participants.

     (6) "Bona fide statutory or administrative requirement" means that without possession of an individual's actual address the agency is unable to fulfill its statutory duties and obligations.

     (7) "Protected records voter" means a program participant who has applied and qualified as a service voter, as provided under RCW ((29.01.155)) 29A.04.163, with ongoing absentee ballot voter status, as provided under RCW ((29.36.013)) 29A.40.040.

     (8) "Record" means any information relating to the conduct or performance of a governmental or proprietary function prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics.

     (9) "Substitute mailing address" means the mailing address designated by the secretary of state which shall not be the program participant's residential address as documented on her or his application for program participation.

[Statutory Authority: RCW 40.24.090. 98-19-063, § 434-840-005, filed 9/16/98, effective 10/17/98. Statutory Authority: 1991 c 23. 91-20-074, § 434-840-005, filed 9/26/91, effective 10/27/91.]

Legislature Code Reviser 

Register
© Washington State Code Reviser's Office