Original Notice.

     Preproposal statement of inquiry was filed as WSR 05-11-111.

     Title of Rule and Other Identifying Information: Election reform legislation, including changes regarding candidate filing, voting by mail, voting at the poll site, accessibility to the poll site, election reviews, certification of election administrators, counting centers, canvassing, and certification of elections.

     Hearing Location(s): Office of the Secretary of State, Conference Room, 520 East Union, Olympia, WA 98504, on August 9, 2005, at 9:00 a.m.

     Date of Intended Adoption: August 12, 2005.

     Submit Written Comments to: Katie Blinn, P.O. Box 40220, Olympia, WA 98504-0220, kblinn@sec.state.wa.gov, fax (360) 586-5629, by August 8, 2005.

     Assistance for Persons with Disabilities: Contact Katie Blinn by August 8, 2005, TTY (800) 422-8683.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Significant election legislation passed during the 2005 legislative session. The proposed rules implement this legislation, such as:

•     The filing process for candidates who may file with either the Secretary of State or the county auditor.

•     Signature matching guidelines.

•     Guidelines for provisional and absentee ballots.

•     Processing of ballots.

•     Provisional ballot oath.

•     ID at the polls.

•     Materials to be posed at the polls.

•     Vote by mail.

•     Ballot reconciliation/accountability.

•     Modifications to ensure accessibility.

•     Election review processes.

•     Certification of elections.

     Some rules are also reorganized into chronological order of the election process.

     Statutory Authority for Adoption: RCW 29A.05.611.

     Statute Being Implemented: Chapter 246, Laws of 2005; chapter 221, Laws of 2005; chapter 240, Laws of 2005; chapter 241, Laws of 2005; chapter 243, Laws of 2005; and chapter 245, Laws of 2005.

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

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Katie Blinn, P.O. Box 40220, (360) 902-4168.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rule will not impose more than minor costs on business.

     A cost-benefit analysis is not required under RCW 34.05.328. Not applicable.

Steve Excell

Assistant Secretary of State

OTS-8163.4

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

WAC 434-215-070   ((Definition and standards for systems to file declarations of candidacy electronically.)) Electronic filing -- Standards.   An electronic system to file declarations of candidacy shall be an online system accessible to candidates on the world wide web that records the information specified in RCW ((29.15.010)) 29A.24.031 (1) through (4) and WAC 434-215-090. At a minimum, the system shall perform the following functions:

     (1) Verify the candidate's voter registration status;

     (2) Check the candidate's name against the name returned by the electronic transfer of funds process;

     (3) Allow the filing officer to verify filings before filing information is made public;

     (4) Accept electronic transfer of funds for the payment of filing fees ((required by RCW 29.15.050)), except that a candidate submitting a ((nominating)) filing fee petition in the place of a filing fee may not file the declaration of candidacy electronically;

     (5) Inform, and require the candidate to acknowledge, that submission of the form constitutes agreement that the information provided with the filing is true, that he or she will support the Constitution and laws of the United States and the state of Washington, and that he or she agrees to electronic payment of the filing fee ((established in RCW 29.15.050)); and

     (6) Inform the candidate that knowingly providing false information on a declaration of candidacy is a class C felony as provided by RCW ((29.85.100)) 29A.84.311.

[Statutory Authority: 2002 c 140 § 3. 02-15-156, § 434-215-070, filed 7/23/02, effective 8/23/02.]

     (2) Pursuant to RCW 29A.24.070(2), a candidate for the legislature, the court of appeals, or superior court in a jurisdiction that is within one county may file the declaration of candidacy with either the secretary of state or the county auditor. If the secretary of state or county auditor receives a declaration of candidacy from such a candidate, the candidacy information must be exchanged with the other filing officer as soon as possible, and within one business day at the latest. All candidacy information must be exchanged with the other filing officer immediately after the close of business on the last day for filings.

[Statutory Authority: 2002 c 140 § 3. 02-15-156, § 434-215-080, filed 7/23/02, effective 8/23/02.]

     (1) The month and day of the candidate's date of birth;

     (2) An electronic mail address, phone number, residential address, and mailing address where the candidate may be contacted.

[Statutory Authority: 2002 c 140 § 3. 02-15-156, § 434-215-090, filed 7/23/02, effective 8/23/02.]

[Statutory Authority: 2002 c 140 § 3. 02-15-156, § 434-215-110, filed 7/23/02, effective 8/23/02.]

OTS-8148.1

REPEALER
     The following chapter of the Washington Administrative Code is repealed:

WAC 434-238-010	Authority and purpose.
WAC 434-238-020	Definitions.
WAC 434-238-025	Mail ballot precincts.
WAC 434-238-030	Request for mail ballot election.
WAC 434-238-055	Odd numbered year primaries by mail.
WAC 434-238-060	Notice of election.
WAC 434-238-070	Delivery of ballot to voter.
WAC 434-238-080	Envelope specifications.
WAC 434-238-090	Instructions to voters.
WAC 434-238-100	Depositing of ballots.
WAC 434-238-110	Obtaining replacement ballots.
WAC 434-238-120	Unsigned affidavit.
WAC 434-238-140	Verification of signatures -- Process.
WAC 434-238-160	Master list of voters.
WAC 434-238-170	Logic and accuracy test.
WAC 434-238-180	Tallying of ballots.
WAC 434-238-200	Maintenance of records.

OTS-8149.1

REPEALER
     The following chapter of the Washington Administrative Code is repealed:

WAC 434-240-005	Authority and purpose.
WAC 434-240-010	Definitions.
WAC 434-240-020	Applications for single absentee ballots.
WAC 434-240-027	Requesting absentee ballot for family member.
WAC 434-240-030	Application form for a regular absentee ballot.
WAC 434-240-040	Absentee ballot application forms originating outside the state of Washington.
WAC 434-240-050	Ongoing absentee ballot application.
WAC 434-240-060	Termination of ongoing absentee voter status.
WAC 434-240-080	Special absentee ballot.
WAC 434-240-090	Special absentee ballot application form.
WAC 434-240-100	Special absentee ballot -- Material to be included.
WAC 434-240-110	Special absentee ballot -- Time application received.
WAC 434-240-120	Health care facility absentee ballot application form.
WAC 434-240-130	Incomplete application from elector.
WAC 434-240-150	Verification of absentee ballot application.
WAC 434-240-180	Service and overseas voters -- Material and postage.
WAC 434-240-190	Absentee ballot envelopes.
WAC 434-240-200	Absentee ballot -- Instructions to voters.
WAC 434-240-205	Replacement absentee ballots.
WAC 434-240-225	Definitions regarding absentee ballots.
WAC 434-240-230	Processing of absentee ballots.
WAC 434-240-235	Unsigned affidavit.
WAC 434-240-240	Verification of the signature and postmark on absentee ballots.
WAC 434-240-245	Procedure for signatures that don't match.
WAC 434-240-250	Absentee voter attempting to vote at the polls.
WAC 434-240-260	Absentee ballots returned after the poll lists have been marked.
WAC 434-240-270	Maintenance of an audit trail on absentee ballots.
WAC 434-240-290	Security of absentee ballots.
WAC 434-240-300	Absentee ballot process to be expedited.
WAC 434-240-320	Mail ballot precincts.

OTS-8150.4

     (1) These rules establish standards and procedures for the issuance of:

     (a) Ongoing absentee ballots, as authorized by RCW 29A.40.040;

     (b) Single absentee ballots, as authorized by RCW 29A.40.020; and

     (c) Special absentee ballots, as authorized by RCW 29A.40.050.

     (2) These rules also establish standards and procedures for the following methods of conducting elections by mail:

     (a) Counties designated as mail ballot counties, as authorized by RCW 29A.48.010(1);

     (b) Precincts designated as mail ballot precincts, as authorized by RCW 29A.48.010(2);

     (c) Special elections conducted by mail, as authorized by RCW 29A.48.020; and

     (d) Odd year primary elections conducted by mail, as authorized by RCW 29A.48.030.

[]

     (1) "Absentee ballot" includes:

     (a) An ongoing absentee ballot issued to a voter who has requested status as an ongoing absentee voter, as authorized by RCW 29A.40.040;

     (b) A single absentee ballot issued to a voter who has requested an absentee ballot for a single election, as authorized by RCW 29A.40.020;

     (c) A special absentee ballot issued to a voter who has indicated that he or she will be unable to vote and return a regular absentee ballot timely, as authorized by RCW 29A.40.050; and

     (d) A hospital absentee ballot issued to a voter confined to a health care facility on the day of a primary or election, as authorized by RCW 29A.40.080.

     (2) "Final processing" means the reading of ballots by an electronic vote tallying system, but does not include tabulation.

     (3) "Initial processing" means all steps taken to prepare absentee ballots for tabulation, except for the reading of ballots by an electronic vote tallying system. Initial processing includes, but is not limited to: Verification of the signature and postmark on the return envelope, removal of the security envelope from the return envelope; removal of the ballot from the security envelope; manual inspection for damage, write-in votes, and incorrect or incomplete marks; duplication of damaged and write-in ballots; and other preparation of ballots for final processing.

     (4) "Mail ballot" means a ballot used in an election conducted by mail, as authorized by RCW 29A.48.010, 29A.48.020, or 29A.48.030. Unless specified otherwise, mail ballots must be prepared and processed in the same manner as absentee ballots.

     (5) "Tabulation" means the production of returns of votes cast for candidates or ballot measures in a form that can be read by a person, whether as precinct totals, partial cumulative totals, or final cumulative totals.

[]

     (2) As authorized by RCW 29A.40.020 and 29A.40.030, requests for a single absentee ballot may be made in person, by telephone, electronically, or in writing, and may be made by a family member. Each county auditor must provide applications for requests made in writing. The form must include, but not be limited to, the following:

     (a) A space for the voter to print his or her name and the address at which he or she is registered to vote;

     (b) The address to which the ballot is to be mailed;

     (c) A space for the voter to indicate for which election or elections the application is made; and

     (d) A space for the voter to sign and date the application.

     (3) As authorized by RCW 29A.40.050, requests for a special absentee ballot must be made in writing and each county auditor must provide the applications. In addition to the requirements for a single absentee ballot, as provided in subsection (1) of this section, the form must include:

     (a) A space for an out-of-state, overseas, or service voter not registered to vote in Washington to indicate his or her last residential address in Washington;

     (b) A checkbox requesting that a single absentee ballot be forwarded as soon as possible; and

     (c) The declaration required in WAC 434-250-050.

     The county auditor shall honor any application for a special absentee ballot that is in substantial compliance with the provisions of this section. Any application for a special absentee ballot received more than ninety days prior to a primary or general election may be either returned to the applicant with the explanation that the request is premature or held by the auditor until the appropriate time and then processed.

     (4) As authorized by RCW 29A.40.080, requests for an absentee ballot may be made by a resident of a health care facility, as defined by RCW 70.37.020(3). Each county shall provide an application form for such a registered voter to apply for a single absentee ballot by messenger on election day. The messenger may pick up the voter's absentee ballot and deliver it to the voter and return it to the county auditor's office.

     (5) If an application for an absentee ballot does not contain sufficient information to enable the auditor to issue the correct absentee ballot, the auditor shall notify the person and explain why the application is not accepted. If, in the judgment of the county auditor, enough time exists to correct the application, the county auditor must request the proper information from the voter in order to facilitate the application. If, in the judgment of the county auditor, insufficient time exists to correct the application, the auditor must issue the absentee ballot as if the voter had listed the county auditor's office as his or her residence. Upon its return, the ballot must be referred to the county canvassing board, and the only offices or issues that may be tabulated are those common to the entire county and those for which it can be conclusively determined the voter is qualified to vote.

[]

     (a) How to correct a ballot;

     (b) How to complete and sign the affidavit on the return envelope;

     (c) How to make a mark, witnessed by two other people, if unable to sign the affidavit;

     (d) How to place the ballot in the security envelope and place the security envelope in the return envelope;

     (e) How to obtain a replacement ballot if the original ballot is destroyed, spoiled, or lost;

     (f) Notice that postage is required, if applicable; and

     (g) Notice that, in order for the ballot to be counted, it must be either postmarked or deposited at a designated place no later than election day, and providing the location, dates, and times for depositing the ballot as an alternative to mailing the ballot.

     (2) Instructions that accompany a special absentee ballot must also include:

     (a) A listing of all offices and measures that will appear upon the ballot, together with a listing of all persons who have filed for office or who have indicated their intention to file for office; and

     (b) Notice that the voter may request and subsequently vote a regular absentee ballot, and that if the regular absentee ballot is received by the county auditor prior to certification of the election, it will be tabulated and the special absentee ballot will be voided.

[]

     (1) A security envelope, which may not identify the voter and must have a hole punched in a manner that will reveal whether a ballot is inside;

     (2) A return envelope, which must be addressed to the county auditor and have a hole punched in a manner that will reveal whether the security envelope is inside. The return envelope must display the words "OFFICIAL BALLOT - DO NOT DELAY" prominently on the front, the words "POSTAGE REQUIRED" or "POSTAGE PAID" in the upper right-hand corner, and the following oath with a place for the voter to sign, date, and write his or her daytime phone number:

     County auditors may use existing stock of absentee envelopes until January 1, 2006.

[]

[]

     If you have any questions about your eligibility to vote in this election, please contact your county auditor.

     This explanation may be provided on the ballot envelope, on an enclosed insert, or on the ballot itself. The county auditor must utilize postal service endorsements that allow the ballots to be forwarded, allow the county auditor to receive from the post office the addresses to which ballots were forwarded, and allow the return of ballots that were not capable of being forwarded. If the above explanation is not provided to the voter, the return envelope must clearly indicate that the ballot is not to be forwarded and that return postage is guaranteed.

[]

     Replacement ballots or the original ballot, whichever is received first, shall be credited to the voter's registration file and tabulated if the ballot meets all requirements for tabulation. If the auditor receives additional ballots from a voter, as indicated by the fact that the voter is already credited with voting, the additional ballots shall not be counted and shall be forwarded to the county canvassing board for rejection.

[]

[]

     (1) Staffed sites must be staffed by at least two persons appointed by the auditor. Whenever possible, the persons appointed shall be representatives of each major political party. Deposit site staff may not be an employee of the jurisdiction for whom the election is conducted and shall subscribe to an oath regarding the discharge of the duties, administered by the county auditor. Staffed deposit sites must be open from 7:00 a.m. until 8:00 p.m. on the day of the election and may be open prior to the election on dates and times established by the county auditor. Staffed deposit sites must have a secure ballot box that is constructed in a manner to allow return envelopes, once deposited, to only be removed by the county auditor or by the deposit site staff. If a ballot envelope is returned after 8:00 p.m. on election day, deposit site staff must note the time and place of deposit on the ballot envelope, and such ballots must be referred to the canvassing board for consideration of whether special circumstances warrant consideration, as documented by the deposit site staff.

     (2) Unstaffed sites may be used if the ballot drop box is:

     (a) Constructed and secured according to the same requirements as United States Postal Service postal drop boxes; or

     (b) If the drop box is used for mail for more than one county office and is located indoors.

     Ballot boxes must be locked and sealed at all times, with seal logs that document each time the box is opened, by whom, and the number of ballots removed. From eighteen days prior to election day until 8:00 p.m. on election day, two county auditor staff members must empty each ballot drop box with sufficient frequency to prevent damage or unauthorized access to the ballots. Ballots must be placed into sealed transport carriers and returned to the county auditor's office or another designated location. On election day, ballot drop boxes must be emptied at exactly 8:00 p.m. to ensure that all ballots meet the 8:00 p.m. delivery deadline.

[]

     (2) In counties tabulating absentee ballots on an electronic vote tallying system, the canvassing board or its representatives may perform initial processing of absentee ballots upon their return. In counties tabulating absentee ballots by hand, the inner security envelope may not be opened until after 8:00 p.m. on election day. Following initial processing, all absentee ballots must be kept in secure storage until final processing. Secure storage must employ the use of numbered seals and logs, or other security measures which will detect any inappropriate or unauthorized access to the secured ballot materials when they are not being prepared or processed by authorized personnel. The county auditor must ensure that all security envelopes and return envelopes are empty, either by a visual inspection of the punched hole to confirm that no ballots or other materials are still in the envelopes, or by storing the envelopes with a tie, string, or other object through the holes.

     (3) Final processing may begin after 7:00 a.m. on the day of the election.

     (4) Tabulation may begin after 8:00 p.m. on the day of the election.

     (5) In counties tabulating ballots on an optical scan vote tallying system, the vote tallying system must reject all overvotes and blank ballots.

     (a) All rejected ballots shall be outstacked for additional manual inspection.

     (b) The outstacked ballots shall be inspected in a manner similar to the original inspection with special attention given to stray marks, erasures, and other conditions that may have caused the vote-tallying device to misread and reject the ballot.

     (c) If inspection reveals that a ballot must be duplicated in order to be read correctly by the vote tallying system, the ballot must be duplicated.

[]

     (1) It is returned in the return envelope, or a similar envelope if it contains the same information and signed affidavit and is approved by the auditor;

     (2) The affidavit is signed with a valid signature in the place afforded for the signature on the envelope;

     (3) The signature has been verified pursuant to WAC 434-379-020, or if the voter is unable to sign his or her name, two other persons have witnessed the voter's mark;

     (4) It is postmarked not later than the day of the election or deposited in the auditor's office, a polling location, or a designated deposit site not later than 8:00 p.m. on election day; and

     (5) The ballot is received prior to certification of the election.

     The signature on the return envelope, or on a copy of the return envelope, must be compared with the signature as it appears on the voter's voter registration application, as described in WAC 434-379-020. The canvassing board may designate in writing representatives to perform this function. All personnel assigned to the duty of signature verification shall subscribe to an oath administered by the county auditor regarding the discharge of his or her duties. Personnel shall be instructed in the signature verification process prior to actually canvassing any signatures. Local law enforcement officials may instruct those employees in techniques used to identify forgeries.

     The signature verification process shall be open to the public, subject to reasonable procedures adopted and promulgated by the canvassing board to ensure that order is maintained and to safeguard the integrity of the process.

[]

     (1) A record of the date each absentee ballot application was received, the date the ballot was mailed or issued, and the date the ballot was received;

     (2) The number of absentee ballots issued and returned, by legislative and congressional district, for each primary and general election;

     (3) A record of the disposition of each request for an absentee ballot that was not honored;

     (4) A record of the disposition of each returned absentee ballot that was not counted;

     (5) A record of the time and place each time the county canvassing board met to process absentee ballots;

     (6) A documentation of the security procedures undertaken to protect the integrity of the ballots after receipt; and

     (7) A reconciliation that all absentee ballots counted plus all absentee ballots rejected is equal to the total number of absentee ballots received.

[]

[]

[]

     (2) In the event that a primary is to be conducted by mail, the auditor must notify the jurisdiction involved not later than forty-five days before the primary date.

     (3) In addition to the information required in the notice of election published pursuant to RCW 29A.52.351, a county auditor conducting an election by mail, whether for a single jurisdiction or the entire county, must also state:

     (a) That the election will be conducted by mail and regular polling places will not be open;

     (b) The precincts that are voting by mail if it is only specific precincts rather than the entire county;

     (c) The location where voters may obtain replacement ballots;

     (d) The amount of postage required on the return envelope;

     (e) The dates, times and locations of designated deposit sites and sites for voting devices that are accessible to the visually impaired.

[]

[]

     Such services must be provided beginning the date that ballots are mailed to voters.

[]

OTS-8164.4

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

WAC 434-253-010   Polling place -- Activities prohibited ((within the polling place)).   The county auditor shall ensure that all precinct election officers receive instruction regarding activities that are not permitted within the polling place, including electioneering, circulation of campaign material, soliciting petition signatures, ((or)) impeding the voting process, or get-out-the-vote campaigns based on information in the poll books regarding which voters have or have not voted. Whenever it is necessary to maintain order within the polling place and the surrounding environs, the inspector may, if circumstances warrant and if the means to do so are available, contact the county auditor, who shall determine the corrective action required. Such corrective action may include contacting a law enforcement agency for their assistance.

[Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 97-21-045, recodified as § 434-253-010, filed 10/13/97, effective 11/13/97. Statutory Authority: 1990 c 59. 92-12-083, § 434-53-010, filed 6/2/92, effective 7/3/92.]

     (1) Precinct list of registered voters or a poll book, which shall include suitable means to record the signature and address of the voter. Voters issued absentee ballots must either be noted as absentee or not listed in the poll book;

     (2) Inspector's poll book;

     (3) Required oaths/certificates for inspectors and judges;

     (4) Sufficient number of ballots as determined by election officer;

     (5) Ballot containers;

     (6) United States flag;

     (7) Voting instruction signs ((for voters));

     (8) Challenge((/special)) and provisional ballots and envelopes;

     (9) Cancellation cards due to death;

     (10) Voting equipment instructions;

     (11) Procedure guidelines for inspectors and judges and/or precinct election officer guidebooks;

     (12) Keys and/or extra seals;

     (13) Pay voucher;

     (14) Ballots stub envelope;

     (15) Emergency plan of action;

     (16) Either sample ballots or voters' pamphlets;

     (17) HAVA voter information poster; and

     (18) Voter registration forms.

[Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 97-21-045, recodified as § 434-253-020, filed 10/13/97, effective 11/13/97. Statutory Authority: 1990 c 59. 92-12-083, § 434-53-020, filed 6/2/92, effective 7/3/92.]

     (1) United States flag;

     (2) HAVA voter information poster;

     (3) Voting instructions printed in at least 16 point bold type;

     (4) Either sample ballots or voters' pamphlets;

     (5) Voter registration forms;

     (6) Election materials in alternative languages if so required by the National Voter Registration Act of 1993 (42 U.S.C. 1973gg et seq.); and

     (7) Any other items the county auditor deems necessary.

[]

     (1) Name ((and signature)) of voter.

     (2) Voter's registered address both present and former if applicable.

     (3) Voter's date of birth.

     (4) Reason for the provisional ballot.

     (5) ((Precinct and)) Polling place and precinct number, if applicable, at which voter ((has)) voted.

     (6) Sufficient space to list disposition of the ballot after review by the county auditor.

     ((Each provisional ballot voter shall be required to sign an oath as required by the Help America Vote Act of 2002, Section 302. The oath may be located on the provisional ballot envelope or in the poll book. The voter must attest that they are:

     (a) A registered voter in the jurisdiction in which the voter desires to vote; and

     (b) Eligible to vote in that election.

     No provisional ballot shall be rejected for lack of the information described in this section as long as the voter provides a valid signature and sufficient information to determine eligibility.)) (7) The following oath with a place for the voter to sign and date:

[Statutory Authority: RCW 29A.04.610. 05-06-035 and 05-08-065, § 434-253-045, filed 2/25/05, effective 3/28/05. Statutory Authority: RCW 29.04.210, 29.36.150. 02-07-029, § 434-253-045, filed 3/12/02, effective 4/12/02.]

     A provisional ballot cannot be counted unless the voter's name, signature and the date of birth, if available, matches a voter registration record.

     Once the provisional ballot has been investigated, disposition of the ballot is as follows:

     (1) If there is no record of the voter ever having been registered, the voter must be offered the opportunity to register and the provisional ballot ((will)) is not ((be)) counted.

     (2) If the voter was previously registered and later canceled and the auditor determines that the cancellation was in error, the voter's registration ((will)) must be immediately restored and the provisional ballot counted.

     (3) If the voter was previously registered and later canceled and the auditor determines that the cancellation was not in error, the voter ((shall)) must be ((afforded)) offered the opportunity to reregister((,)) and the provisional ballot ((will)) is not ((be)) counted.

     (4) If the voter is a registered voter but has voted a ballot other than the one which the voter would have received ((at his or her designated polling place)) for his or her precinct, the auditor must ensure that only those votes for the positions ((or)) and measures for which the voter was eligible to vote are counted.

     (5) If the voter is a registered voter in another county ((or state)), the auditor shall forward the ballot and a corresponding voter guide, or other means by which the ballot can be interpreted ((including rotation if applicable, within five working days after election day)), to the supervisor of elections for the ((county for which the voter is resident. If the provisional ballot envelope is not signed by the voter, a copy of the poll book page shall be included)) jurisdiction in which the voter is registered. The ballot must be forwarded within seven calendar days after a primary or special election and fifteen calendar days after a general election, and as soon as possible if past that date. ((If the county is not known, it shall be forwarded to the secretary of state, or counterpart, for the state in which the voter is resident.))

     (6) If ((the auditor finds that)) an absentee voter who voted a provisional ballot at the polls has ((also voted an)) already returned a voted absentee ballot ((in that primary or election)), the provisional ballot ((will)) is not ((be)) counted. If the absentee voter who voted a provisional ballot at the polls has not returned a voted absentee ballot, the provisional ballot is counted. If a voted absentee ballot is returned after the provisional ballot has been counted, the absentee ballot is not counted.

     (7) If the voter voted a provisional ballot ((was voted)) because ((a voter)) he or she failed to produce ((required)) identification as required by RCW 29A.44.. . . (2005 c 243 s 7), the ballot ((shall be)) is counted if the ((voter is otherwise eligible)) signature on the envelope matches the signature in the voter registration record.

     (8) Provisional ballots voted for reasons not covered by this section ((shall)) or state statute must be determined by the county canvassing board. ((The auditor will prepare a tally displaying the number of provisional ballots received, the number found valid and counted, the number rejected and not counted, and the reason for not counting the ballots, as part of the canvassing process and presented to the canvassing board prior to the certification of the primary or election.))

[Statutory Authority: RCW 29A.04.610. 05-06-035 and 05-08-065, § 434-253-047, filed 2/25/05, effective 3/28/05. Statutory Authority: RCW 29.04.210, 29.36.150. 02-07-029, § 434-253-047, filed 3/12/02, effective 4/12/02.]

     (3))) (2) The free access system ((shall)) must employ measures to ensure ((the system)) that access is free of cost to the voter and restricted to the individual who cast the ballot, and that the voter's personal information is secure and confidential.

     (((4))) (3) For provisional ballots sent to other counties in the state, the free access system must provide the voter with information as to where the ballot was sent and how to find out if ((their)) the ballot was counted in ((the voter's home county shall be available without cost to the voter)) that county.

     (((5))) (4) For ballots received from another county, ((a provisional ballot voter shall be able to determine if their)) the free access system must provide the voter with information as to whether the ballot was counted and, if not, why ((not, shall be available without cost to the voter)). ((If needed,)) The county may send instructions to the voter on how to access the information.

     (((6))) (5) Provisional ballot disposition information ((shall)) must be available on a county's free access system ((within)) no later than one week following ((the)) certification of ((a primary or)) the election.

[Statutory Authority: RCW 29A.04.610. 05-06-035 and 05-08-065, § 434-253-048, filed 2/25/05, effective 3/28/05.]

[Statutory Authority: RCW 29A.04.610. 05-06-035 and 05-08-065, § 434-253-049, filed 2/25/05, effective 3/28/05. Statutory Authority: RCW 29.04.210, 29.36.150. 02-07-029, § 434-253-049, filed 3/12/02, effective 4/12/02.]

[]

     (1) Identification of the precinct or combination of precincts;

     (2) The number of ((ballots issued;

     (3) The number of signatures in the poll book;

     (4) The number of issued ballots which are provisional or challenged;

     (5) The number of issued ballots that are spoiled;

     (6) The number of unused ballots;

     (7) The number of absentees accepted at the poll-site.

     At)) regular ballots delivered to the poll site;

     (3) The number of provisional ballots delivered to the poll site;

     (4) The number of signatures in the poll book;

     (5) The number of regular ballots issued;

     (6) The number of provisional ballots issued;

     (7) The number of ballots that are challenged;

     (8) The total number of ballots voted;

     (9) The difference between the number of signatures in the poll book and the total number of ballots voted;

     (10) The number of regular ballots spoiled;

     (11) The number of provisional ballots spoiled;

     (12) The number of regular ballots not used;

     (13) The number of provisional ballots not used;

     (14) The number of absentee ballots accepted at the poll site;

     (15) The total number of ballots returned to the county auditor; and

     (16) The total number of ballots accounted for.

     Before the opening of the polls, the information enumerated in subsections (1) through (3) of this section must be recorded on the ballot accountability sheet. After the closing of the polls, the ((ballots of each category)) information enumerated in subsections (((1))) (4) through (((7))) (16) of this section ((shall)) must be ((counted and)) recorded on the ballot accountability sheet. Discrepancies must be reported and explained by the precinct election officers.

     ((The accountability sheet shall be maintained with the precinct list.)) The precinct election officers shall attest to the accuracy of the ballot accountability sheet by each signing in the spaces provided. The ballot accountability sheet and the precinct list((,)) shall be placed in the appropriate container for return to the counting center or auditor's office. The inspector shall remove and retain a copy of the list of participating voters as the "inspector's copy" for the statutorily required retention period.

     Whenever anything occurs at a polling place that the precinct election officers feel may create a discrepancy in accounting for all of the ballots, the election officers shall note such events. The auditor may direct that such comments be included with the ballot accountability form or may be included on a separate comments sheet. If a separate sheet is used, it shall be signed by the precinct election officers.

[Statutory Authority: RCW 29A.04.610. 05-06-035 and 05-08-065, § 434-253-160, filed 2/25/05, effective 3/28/05. Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 97-21-045, recodified as § 434-253-160, filed 10/13/97, effective 11/13/97. Statutory Authority: 1990 c 59. 92-12-083, § 434-53-160, filed 6/2/92, effective 7/3/92.]

     (1) Identification of the precinct or combination of precincts((.));

     (2) The number of ((signatures in the poll book.

     (3) The number of optical scan ballots issued, if applicable.

     (4) The number of ballots listed on each of the individual direct recording devices. The number of optical scan ballots plus the total number of ballots from the direct recording devices should match the number of signatures in the poll book.

     (5) The number of provisional and challenged ballots issued.

     (6) The number of absentees accepted at the poll-site.

     (7) The number of unused optical scan ballots.

     (8) The number of spoiled ballots.

     (9) List any other irregularities noted throughout election day for each direct recording device.

     At)) regular optical scan ballots delivered to the poll site;

     (3) The number of provisional optical scan ballots delivered to the poll site;

     (4) The number of signatures in the poll book;

     (5) The number of regular optical scan ballots issued;

     (6) The number of provisional optical scan ballots issued;

     (7) The number of ballots listed on each direct recording device;

     (8) The number of regular optical scan ballots that are challenged;

     (9) The total number of ballots voted;

     (10) The difference between the number of signatures in the poll book and the total number of ballots voted;

     (11) The number of regular optical scan ballots spoiled;

     (12) The number of provisional optical scan ballots spoiled;

     (13) The number of regular optical scan ballots not used;

     (14) The number of provisional optical scan ballots not used;

     (15) The number of absentee ballots accepted at the poll site;

     (16) The total number of ballots returned to the county auditor; and

     (17) The total number of ballots accounted for.

     Before the opening of the polls, the information enumerated in subsections (1) through (3) of this section must be recorded on the ballot accountability sheet. After the closing of the polls, the ((ballots of each category)) information enumerated in subsections (((1))) (4) through (((9))) (17) of this section ((shall)) must be recorded on the ballot accountability sheet. Discrepancies must be reported and explained by the precinct election officers.

     ((The accountability sheet shall be maintained with the precinct list.)) The precinct election officers shall attest to the accuracy of the ballot accountability sheet by each signing in the spaces provided. The ballot accountability sheet and the precinct list shall be placed in the appropriate container for return to the counting center or auditor's office. The inspector shall remove and retain a copy of the list of participating voters as the "inspector's copy" for the statutorily required retention period.

     Whenever anything occurs at a polling place that the precinct election officers feel may create a discrepancy in accounting for all of the ballots, the election officers shall note such events. The auditor may direct that such comments be included with the ballot accountability form or may be included on a separate comments sheet. If a separate sheet is used, it shall be signed by the precinct election officers.

[Statutory Authority: RCW 29A.04.610. 05-06-035 and 05-08-065, § 434-253-165, filed 2/25/05, effective 3/28/05.]

[Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 97-21-045, recodified as § 434-253-170, filed 10/13/97, effective 11/13/97. Statutory Authority: 1990 c 59. 92-12-083, § 434-53-170, filed 6/2/92, effective 7/3/92.]

[Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 97-21-045, recodified as § 434-253-200, filed 10/13/97, effective 11/13/97. Statutory Authority: 1990 c 59. 92-12-083, § 434-53-200, filed 6/2/92, effective 7/3/92.]

     If a unique numbered seal is used, a certificate shall be placed inside the device signed by the precinct election officials recording the serial number of the seal. If some other means of sealing is used, a certificate, signed by the election officials, shall be provided to identify the seal by some appropriate means. The certificate, if not secured inside, shall be returned to and retained by the county auditor.

[Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 97-21-045, recodified as § 434-253-230, filed 10/13/97, effective 11/13/97. Statutory Authority: 1990 c 59. 92-12-083, § 434-53-230, filed 6/2/92, effective 7/3/92.]

[Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 97-21-045, recodified as § 434-253-240, filed 10/13/97, effective 11/13/97. Statutory Authority: 1990 c 59. 92-12-083, § 434-53-240, filed 6/2/92, effective 7/3/92.]

     (1) The team((s)) 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)) after the polls close;

     (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))) (3) 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 29A.04.610. 04-15-089, § 434-253-290, filed 7/16/04, effective 8/16/04. 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.]

     (1) A recheck of the tally marks accurately reflect the total vote credited to each candidate and the total vote credited for and against each proposition;

     (2) The total number of votes cast for all candidates for a single position to be filled does not exceed the number of voters who have signed the poll book;

     (3) The records of the votes in each tally book are the same.

[Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 97-21-045, recodified as § 434-253-300, filed 10/13/97, effective 11/13/97. Statutory Authority: 1990 c 59. 92-12-083, § 434-53-300, filed 6/2/92, effective 7/3/92.]

     The following sections of the Washington Administrative Code are repealed:

WAC 434-253-040	Verification of voter's name.
WAC 434-253-043	Provisional ballots--When issued.
WAC 434-253-060	Credit for voting.
WAC 434-253-180	Recording of spoiled ballots.
WAC 434-253-190	Disposition of irregularly voted ballots.
WAC 434-253-210	Preparing voted ballots for transfer.
WAC 434-253-260	Counting and tabulation prior to closing of the polls -- Secrecy of the returns.

OTS-7972.1

AMENDATORY SECTION(Amending WSR 04-15-089, filed 7/16/04, effective 8/16/04)

WAC 434-257-030   Standards for accessible polling places.   The Americans with Disabilities Act Checklist for Polling Places shall be used when determining the accessibility of a polling place ((is accessible if the standards of the state building code council are met or exceeded)).

     If the standards ((cannot be)) are not met, temporary or permanent modifications shall be made to make the polling place accessible. Alternative accommodations may be permitted under RCW 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))."

((STRICKEN GRAPHIC

STRICKEN GRAPHIC))

((STRICKEN GRAPHIC

STRICKEN GRAPHIC))

((STRICKEN GRAPHIC

STRICKEN GRAPHIC))

((STRICKEN GRAPHIC

STRICKEN GRAPHIC))

((STRICKEN GRAPHIC

STRICKEN GRAPHIC))

((STRICKEN GRAPHIC

STRICKEN GRAPHIC))

((STRICKEN GRAPHIC

STRICKEN GRAPHIC))

((STRICKEN GRAPHIC

STRICKEN GRAPHIC))

((STRICKEN GRAPHIC

STRICKEN GRAPHIC))

[Statutory Authority: RCW 29A.04.610. 04-15-089, § 434-257-030, filed 7/16/04, effective 8/16/04. 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.]

OTS-8166.2

AMENDATORY SECTION(Amending WSR 04-15-089, filed 7/16/04, effective 8/16/04)

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)) must respond to the draft election review report in writing ((and/or)) and 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)) the 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 29A.04.580. Such a designee must be certified as required by chapter 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;

     (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 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 29A.04.610. 04-15-089, § 434-260-020, filed 7/16/04, effective 8/16/04. 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.]

[Statutory Authority: RCW 29.60.020. 99-12-004, § 434-260-030, filed 5/19/99, effective 6/19/99. 98-08-010, recodified as § 434-260-030, filed 3/18/98, effective 3/18/98. Statutory Authority: RCW 29.60.020. 93-18-053, § 434-60-030, filed 8/30/93, effective 9/30/93.]

[Statutory Authority: RCW 29A.04.610. 04-15-089, § 434-260-040, filed 7/16/04, effective 8/16/04. 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.]

[Statutory Authority: RCW 29.60.020. 99-12-004, § 434-260-050, filed 5/19/99, effective 6/19/99. 98-08-010, recodified as § 434-260-050, filed 3/18/98, effective 3/18/98. Statutory Authority: RCW 29.60.020. 93-18-053, § 434-60-050, filed 8/30/93, effective 9/30/93.]

     (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 29A.04.610. 04-15-089, § 434-260-140, filed 7/16/04, effective 8/16/04. 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.]

     Nothing in this section shall prevent the review staff from modifying or amending its recommendations, based on the response received from the county auditor or canvassing board. ((In the event the review recommendations are modified or amended, only the final recommendations and any response by the county shall be made available for inspection and copying.))

     Any county auditor or other member of the county canvassing board may appeal the recommendations or the conclusion of any draft election review report to the election administration and certification board. Any appeal must be in writing, must detail specific exceptions made to the draft election review report, and must be filed with the board not later than thirty days following the issuance of the report.

[Statutory Authority: RCW 29.60.020. 99-12-004, § 434-260-145, filed 5/19/99, effective 6/19/99.]

     (1) A narrative description of any general observations by the review staff;

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

     (3) A response by the county auditor or the county canvassing board((, if any));

     (4) A conclusion by the review staff. A copy of the final review report shall be provided to the chairperson of the election administration and certification board and a copy shall also be kept on file by the secretary of state.

[Statutory Authority: RCW 29.60.020. 99-12-004, § 434-260-150, filed 5/19/99, effective 6/19/99. 98-08-010, recodified as § 434-260-150, filed 3/18/98, effective 3/18/98. Statutory Authority: RCW 29.60.020. 93-18-053, § 434-60-150, filed 8/30/93, effective 9/30/93.]

[]

[Statutory Authority: RCW 29.60.020. 99-12-004, § 434-260-310, filed 5/19/99, effective 6/19/99. 98-08-010, recodified as § 434-260-310, filed 3/18/98, effective 3/18/98. Statutory Authority: RCW 29.60.020. 94-07-018, § 434-60-310, filed 3/8/94, effective 4/8/94.]

OTS-8169.4

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

WAC 434-261-005   Definitions.   (1) "Manual inspection" is the process of inspecting each voter response position on each voted ballot ((upon)). Inspection is performed on an absentee ballot as part of the initial processing, and on a poll ballot after breaking the seals and opening the ballot containers from the precincts or, in the case of precinct counting systems, prior to the certification of the election;

     (2) "Duplicating ballots" is the process of making a true copy of valid votes from ballots that may not be properly counted by the vote tallying system ((to blank ballots of the same type and style, or as directed by the canvassing board)). Ballots may be duplicated on blank ballots or by making changes on an electronic facsimile of the ballot. The original ballot may not be altered in any way;

     (3) (("Ballot enhancement" is the process of adding or covering marks or punches on an optical scan ballot to ensure that the electronic voting equipment will tally the votes on the ballot in the manner intended by the voter, or as directed by the canvassing board;

     (4))) "Readable ballot" is any ballot that the certified vote tallying system can accept and read as the voter intended without alteration, and that meets the standards of the county canvassing board subject to the provisions contained in this title. In the case of punch cards, this means all voting response positions are cleanly punched and removed from the card;

     (((5))) (4) "Unreadable ballot" is any ballot that cannot be read by the vote tallying system as the voter intended without alteration. Unreadable ballots may include, but not be limited to, ballots with damage, write-in votes, incorrect or incomplete marks or punches, and questions of vote intent. Unreadable ballots may subsequently be counted as provided by these administrative rules;

     (((6))) (5) "Valid signature" is the ((verified)) signature of a registered voter eligible to vote in the ((primary or)) election as ((contained in)) verified against the voter registration files ((of the county)). On an absentee ballot, a mark with two witnesses ((on an absentee ballot, a mail ballot precinct ballot, or a vote-by-mail ballot shall be considered)) is a valid signature.

[Statutory Authority: RCW 29.04.210, 29.36.150. 02-07-029, § 434-261-005, filed 3/12/02, effective 4/12/02. Statutory Authority: RCW 29.04.080 and 29.04.210. 99-08-089, § 434-261-005, filed 4/6/99, effective 5/7/99. Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 97-21-045, § 434-261-005, filed 10/13/97, effective 11/13/97.]

[]

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

     (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 the marks clearly form a discernible and consistent pattern on the ballot to the extent that the voter's intent can be clearly determined, the county auditor may either:

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

     (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)).

     If the voter's intent is not clear, the ballot must be referred to the county canvassing board.

     (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)) may be removed without duplication((, enhancement,)) or ((reference)) referral to the county canvassing board. If less than two corners are detached, then subsection (3) of this section shall apply.

[Statutory Authority: RCW 29A.04.610. 04-15-089, § 434-261-070, filed 7/16/04, effective 8/16/04. 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.]

     (a) Only votes for offices or measures for which the voter is eligible are counted.

     (b) The candidate or measure response position for which the voter is voting can be clearly identified.

     (c) The ballot issued is not returned, or if returned, contains no marks or punches indicating an attempt to vote it.

     (d) A valid signature on an absentee oath is on file with the county auditor.

     The votes accepted must then be duplicated to a ballot that can be read by the electronic voting equipment ((as prescribed in WAC 434-261-090)).

     (2) Corrected absentee ballots shall be counted in the following manner:

     (a) If a voter follows the instructions for correcting a vote, either the written instructions or other((s)) instructions given to the voter by the county auditor, the correction shall be made ((and the corrected vote tabulated. The county auditor may enhance or duplicate the ballot)) by duplicating the ballot and then tabulating the duplicated ballot.

     (b) If a voter appears to have corrected ((their)) the ballot in a manner other than as instructed, the vote for that candidate or issue shall not be tabulated unless the voter provides written instructions directing how the vote should be counted or has clearly attempted to erase a mark.

     (3) ((Where)) If a voter has indicated a write-in vote on ((their)) the ballot which duplicates the name of a candidate who already appears on the ballot for the same office, the ballot shall be ((enhanced or)) duplicated to count one vote for the candidate indicated. Such a vote shall ((not be considered an overvote or a write-in vote)) be counted pursuant to RCW 29A.60.021.

     (4) ((An absentee ballot, a mail ballot precinct ballot, and a vote-by-mail ballot shall not be counted)) If a voter signs the oath with a mark and does not have two witnesses attest to the signature, the envelope must be treated as if it were unsigned.

     (5) If a ballot contains marks or punches that differ from those specified in the voting instructions, those marks or punches shall not be counted as valid votes unless there is a discernable and consistent pattern, to the extent that the voter's intent can clearly be determined. If there is such a pattern, the ballot shall be ((enhanced or)) duplicated to reflect the voter's intent.

[Statutory Authority: RCW 29.04.210, 29.36.150. 02-07-029, § 434-261-075, 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, § 434-261-100, filed 10/13/97, effective 11/13/97.]

     (1) Ballots that have been found defective and not capable of being processed by the automated system may, at the discretion of the county auditor, be held over until the working day following the election or primary, duplicated, and the duplicates then tallied no later than the day before the certification of the primary or election;

     (2) If the system should become inoperative, the tally may be interrupted until the system is repaired, and if necessary, resumed the day following the election using the repaired system or an alternative method if necessary. If the election or primary includes offices or issues which the secretary of state is required by law to canvass, the auditor shall notify the secretary of state at the time of interruption, its cause and best estimate for resumption, along with the status of the tally, at the first practical opportunity. The public shall be informed of the situation as soon as possible after the interruption if it is evident the tally will not be resumed the same day.

[]

[]

     Additionally, these results shall be used in the reconciliation process required in ((chapter 434-253)) WAC 434-253-165 and RCW 29A.60. . . . (2005 c 243 s 11).

[Statutory Authority: RCW 29A.04.610. 05-06-035 and 05-08-065, § 434-261-110, filed 2/25/05, effective 3/28/05.]

     (1) Reconciliation must begin as soon as practical after the election.

     (2) Each precinct's results shall be reconciled with the precinct's ballot accountability form. The number of ballots issued should equal the number of ballots counted plus any ballots not counted. Ballots not counted may include, but not be limited to: Provisional ballots, challenged ballots, spoiled ballots, ballots referred to the canvassing board, ballots to be duplicated, and ballots with write-in votes.

     (3) Any discrepancies must be investigated. At a minimum, the following areas must be checked until the discrepancy is resolved:

     (a) Check the accuracy of the ballot accountability form.

     (b) Recount the signatures in the poll book.

     (c) Check the spoiled ballots.

     (d) Check the provisional ballots.

     (e) Count the ballot stubs.

     (f) Check the poll-site supplies for ballots.

     (g) Manually count the number of ballots.

     (h) Call the poll workers.

     (4) All steps to reconcile each precinct shall be documented, including any discrepancies that cannot be resolved. Reconciliation of all precincts shall be completed and presented to the county canvassing board before the election is certified.

[]

     (1) Reconciliation must begin as soon as practical after the election.

     (2) Compare the total number of votes cast from each counter at the poll-site to the number of signatures in the poll books.

     (3) The number of ballots issued should equal the number of ballots counted plus any ballots not counted. Ballots not counted may include, but not be limited to: Provisional ballots, challenged ballots, spoiled ballots, out-sorted ballots, ballots referred to the canvassing board, ballots to be duplicated, and ballots with write-in votes.

     (4) Any discrepancies must be investigated. At a minimum, the following areas must be checked until the discrepancy is resolved:

     (a) Check the accuracy of the ballot accountability form.

     (b) Recount the signatures in the poll book.

     (c) Check the ballot counter or direct recording device results.

     (d) Check the bins in the ballot counters.

     (e) Check the spoiled ballots.

     (f) Check the provisional ballots.

     (g) Count the ballot stubs.

     (h) Check the poll-site supplies for ballots.

     (i) Manually count the number of ballots.

     (j) Call the poll workers.

     (5) All steps to reconcile each precinct shall be documented, including any discrepancies that cannot be resolved. Reconciliation of all precincts shall be completed and presented to the county canvassing board before the election is certified.

[]

     (1) A voter may not be credited for voting if the ballot was voted after election day, was received after certification of the election, or will otherwise not be counted.

     (2) If an election was conducted entirely by mail, the crediting of voters must be completed prior to the certification of the election. If an election was conducted using polling places, the crediting of voters must be completed as soon after the election as possible, and prior to the certification of the election when possible.

     (3) The reconciliation of voters credited with ballots counted shall be completed within thirty days following certification of a primary or election. The certification must include, but is not limited to, information indicating that the number of ballots counted equals the number of voters credited. If these numbers do not match, the county auditor must take steps to reconcile the numbers and any discrepancies. If the county auditor cannot reconcile the numbers, documentation of steps taken to reconcile and any other applicable information must be included with the official reconciliation.

     (4) Changes to the list of registered voters, such as new registrations, transfers, or cancellations, may not be made following a general election until the crediting reconciliation is complete. Correction of errors is allowed.

     (5) The county auditor shall make an electronic or paper copy of the list of registered voters immediately following this reconciliation. Using this data, the county auditor shall also produce validation statistics for each minor taxing district in the county. Once the list is copied and the validation statistics are complete, changes to the data base may be made.

[]

     (1) Identification of the precinct from which the ballot originated;

     (2) The facts giving rise to the question of validity including, if applicable, the office or issue on the ballot which is affected by the question;

     (3) An identification number by which the envelope containing the ballot may be tracked.

     If the question arises at a polling place, the precinct inspector shall annotate the ballot accountability sheet in a manner similar to recording other irregularly voted ballots, shall seal the envelope and transfer it to the elections office in the special envelope for irregularly voted ballots.

     If the question arises in the counting center, the counting center supervisor shall record the ballot on an irregularly voted ballot log sheet.

     Ballots being held for determination of validity or voter's intent shall be provided the same security as regular voted ballots and shall be kept in a secure area when not being processed. As long as they are in the sealed envelope it is not necessary to seal them in other containers within the counting center provided they are otherwise safeguarded. Once the issue of validity has been determined, the ballots must be tabulated, if applicable, stored, and retained the same as regular voted ballots.

     When the determination of validity is made, the disposition of the ballot shall be entered on the envelope and the ballot accountability sheet or the irregularly voted ballot log sheet.

[]

[]

     The following sections of the Washington Administrative Code are repealed:

WAC 434-261-080	Ballot enhancement -- Optical scan systems.
WAC 434-261-085	Ballot enhancement--Punch card systems.
WAC 434-261-090	Ballot duplication.

OTS-8192.2

AMENDATORY SECTION(Amending WSR 04-15-089, filed 7/16/04, effective 8/16/04)

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. The auditor's abstract of votes must also include the reconciliation report required by RCW 29A.60.. . . (1) (2005 c 243 s 11(1)). 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 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 29A.04.610. 04-15-089, § 434-262-010, filed 7/16/04, effective 8/16/04. 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.]

[Statutory Authority: RCW 29A.04.610. 04-15-089, § 434-262-015, filed 7/16/04, effective 8/16/04. 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.]

[Statutory Authority: RCW 29A.04.610. 04-15-089, § 434-262-020, filed 7/16/04, effective 8/16/04. 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.]

[Statutory Authority: RCW 29A.04.610. 04-15-089, § 434-262-025, filed 7/16/04, effective 8/16/04. 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.]

[Statutory Authority: RCW 29A.04.610. 04-15-089, § 434-262-030, filed 7/16/04, effective 8/16/04. 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.]

     (1) Where two ballots are found folded together, or where a voter has voted more than one ballot;

     (2) Where two ballots are contained within a returned mail ballot envelope containing only one valid signature under the affidavit, unless both ballots are voted identically, in which case one ballot will be counted. If there are two valid signatures under the affidavit, both ballots must be counted;

     (3) Where a ballot or parts of a ballot are marked in such a way that it is not possible to determine the voter's intent;

     (4) Where the voter has voted for candidates or issues for whom he or she is not entitled to vote;

     (5) Where the voter has voted for more candidates for an office than are permissible;

     (6) Where the voter has incorrectly attempted to correct a vote on the ballot contrary to the instructions provided pursuant to WAC 434-250-060 unless the voter provides written instructions directing how the vote should be counted.

     Additionally, the canvassing board shall reject any ballot cast by a voter not qualified to vote, and shall reject absentee ballots where such rejection is required by law or administrative rule.

[]

[Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 97-21-045, recodified as § 434-262-050, filed 10/13/97, effective 11/13/97. Statutory Authority: RCW 29.04.080. 80-15-008 (Order 80-3), § 434-62-050, filed 10/3/80.]

[Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150. 00-10-010, § 434-262-080, filed 4/21/00, effective 5/22/00. Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 97-21-045, recodified as § 434-262-080, filed 10/13/97, effective 11/13/97. Statutory Authority: RCW 29.04.080. 80-15-008 (Order 80-3), § 434-62-080, filed 10/3/80.]

[Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 97-21-045, recodified as § 434-262-090, filed 10/13/97, effective 11/13/97. Statutory Authority: RCW 29.04.080. 80-15-008 (Order 80-3), § 434-62-090, filed 10/3/80.]

[Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 97-21-045, recodified as § 434-262-100, filed 10/13/97, effective 11/13/97. Statutory Authority: RCW 29.04.080. 80-15-008 (Order 80-3), § 434-62-100, filed 10/3/80.]

[Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150. 00-10-010, § 434-262-110, filed 4/21/00, effective 5/22/00. Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 97-21-045, recodified as § 434-262-110, filed 10/13/97, effective 11/13/97. Statutory Authority: RCW 29.04.080. 80-15-008 (Order 80-3), § 434-62-110, filed 10/3/80.]

[Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150. 00-10-010, § 434-262-120, filed 4/21/00, effective 5/22/00. Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 97-21-045, recodified as § 434-262-120, filed 10/13/97, effective 11/13/97. Statutory Authority: RCW 29.04.080. 80-15-008 (Order 80-3), § 434-62-120, filed 10/3/80.]

     The following sections of the Washington Administrative Code are repealed:

WAC 434-262-005	Authority and purpose.
WAC 434-262-035	Canvassing board -- Absentee ballot signature verification.
WAC 434-262-045	Canvassing mail ballots.
WAC 434-262-150	Rejection of ballots or parts of ballots.
WAC 434-262-170	Referral of ballots to canvassing board.
WAC 434-262-180	Tabulation of ballots to be continuous -- Exception.
WAC 434-262-190	Canvassing board -- Opening ballot container.
WAC 434-262-203	Poll-site ballot reconciliation -- Central count optical scan and punchcard.
WAC 434-262-204	Poll-site ballot reconciliation -- Precinct count optical scan and direct recording devices.

© Washington State Code Reviser's Office