WSR 97-21-045
PERMANENT RULES
SECRETARY OF STATE
[Filed October 13, 1997, 10:08 a.m.]
Date of Adoption: October 13, 1997.
Purpose: Amend and recodify rules relating to elections, including the citizens' commission for salaries of elected officials, voter registration, candidate filing, ballots, absentee ballots, mail ballot elections, polling place procedures, and the verification of signatures on referendum and initiative petitions.
Citation of Existing Rules Affected by this Order: Repealing WAC 434-20-010, 434-20-020, 434-20-030, 434-20-040, 434-20-050, 434-24-040, 434-24-055, 434-24-070, 434-24-080, 434-24-090, 434-24-100, 434-24-150, 434-24-155, 434-24-170, 434-30-100, 434-30-110, 434-30-120, 434-30-130, 434-30-140, 434-30-220, 434-36-130, 434-36-150, 434-36-190, 434-40-070, 434-40-080, 434-40-140, 434-40-170, 434-40-210, 434-40-220, 434-40-280, 434-40-310, and 434-61-050; and amending WAC 434-09-020, 434-09-030, 434-09-040, 434-09-050, 434-09-060, 434-09-070, 434-09-080, 434-09-090, 434-24-010, 434-24-015, 434-24-020, 434-24-110, 434-24-115, 434-24-140, 434-24-160, 434-30-170, 434-30-180, 40-210, 434-34-090, 434-34-110, 434-36-020, 434-36-030, 434-36-040, 434-36-050, 434-36-060, 434-36-070, 434-36-080, 434-36-100, 434-36-110, 434-36-120, 434-36-140, 434-36-180, 434-36-200, 434-36-210, 434-40-010, 434-40-030, 434-40-050, 434-40-060, 434130, 434-40-160, 434-40-200, 434-40-240, 434-40-250, 434-40-270, 434-40-290, 434-53-020, 434-53-030, 434-53-040, 434-53-090, 434-53-100, 434-53-120, 434-53-150, 434-53-160, 434-53-170, 434-53-190, 434-53-200, 434-53-210, 434-53-220, 434-53-230, 434-50, 434-53-280, 434-53-290, 434-53-300, 434-61-010, 434-61-020, 434-61-040, 434-62-030, 434-62-040, and 434-840-350.
Statutory Authority for Adoption: RCW 29.04.080, 29.04.210, 29.36.150, 29.79.200.
Adopted under notice filed as WSR 97-14-106 on July 2, 1997.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 12, amended 69, repealed 32.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 12, amended 69, repealed 32.
Number of Sections Adopted using Negotiated Rule Making: New 12, amended 69, repealed 32; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.
Effective Date of Rule: Thirty-one days after filing.
October 13, 1997
Donald F. Whiting
Assistant Secretary of State
AMENDATORY SECTION (Amending Order 87-02, filed 2/19/87)
WAC 434-09-020 Definitions. As used in these regulations:
(1) "Public employee" includes all persons who, at the time of
selection, are officers or employees of any governmental body or
political subdivision including, but not limited to the agencies of the
((federal,)) state or county government or any other municipal
corporation operating under federal or state law or local ordinance.
(2) "Lobbyist" is a person required to be registered as such by the provisions of chapter 42.17 RCW.
(3) "Immediate family" means the parents, spouse, siblings,
children, or dependent relative of the official, employee, or lobbyist
whether or not living in the household of the official, employee, or
lobbyist.
[Statutory Authority: RCW 43.03.305. 87-06-009 (Order 87-02), 434-09-020, filed 2/19/87.]
AMENDATORY SECTION (Amending Order 87-02, filed 2/19/87)
WAC 434-09-030 Qualification requirements. Qualification requirements for the citizen members selected in accordance with this chapter to serve on the commission shall be as required by the state Constitution and RCW 43.03.305:
(1) Any person selected under ((section 7 of this chapter)) WAC 434-209-070 to serve must ((have been)) be a registered voter and eligible
to vote at the ((previous state general election in the even-numbered
year)) time of selection in the congressional district from which that
person was selected;
(2) Any person selected under ((section 9 of this chapter)) WAC 434-209-090 to serve must ((have been)) be a registered voter and eligible
to vote at the time of selection;
(3) No state official, public employee or lobbyist or immediate
family member of such official, public employee or lobbyist shall be
eligible to serve.
[Statutory Authority: RCW 43.03.305. 87-06-009 (Order 87-02), 434-09-030, filed 2/19/87.]
AMENDATORY SECTION (Amending Order 87-02, filed 2/19/87)
WAC 434-09-040 Transmitting and compiling the data file of records
of registered voters. No later than January 1((, 1987 and every four
years thereafter)) of the year of selection, each county auditor shall
submit to the secretary of state a data file of records of all registered
voters eligible to vote at the previous state general election. The file
shall contain the registration number, if available, name, address and
congressional district for each registered voter. The secretary of state
shall compile a separate list of the file for each congressional
district.
[Statutory Authority: RCW 43.03.305. 87-06-009 (Order 87-02), 434-09-040, filed 2/19/87.]
AMENDATORY SECTION (Amending Order 87-02, filed 2/19/87)
WAC 434-09-050 Conducting the selection of names by lot. No later
than January ((15, 1987 and every four years thereafter)) 20 of the year
of selection, the secretary of state shall arrange for the random
selection of approximately an equal number of names of registered voters
from each congressional district ((in substantially the same manner as
prescribed in RCW 2.36.063 for jury selection)). The secretary of state
may employ a properly programmed electronic data processing system or
device to make the random selection of registered voters as required by
this section. The secretary of state shall request a separate list of
registered voters for each congressional district to be selected by ((an
unrestricted)) a random sample from the lists compiled under ((section
4 of this chapter)) WAC 434-209-040.
[Statutory Authority: RCW 43.03.305. 87-06-009 (Order 87-02), 434-09-050, filed 2/19/87.]
AMENDATORY SECTION (Amending Order 87-02, filed 2/19/87)
WAC 434-09-060 Notifying persons selected by lot. (1) No later
than January ((20, 1987 and every four years thereafter)) 31 of the year
of selection, the secretary of state shall notify by ((certified))
nonforwardable 1st class mail each person selected by lot under ((section
5 of this chapter)) WAC 434-209-050. The notification shall contain a
response form and prestamped, self-addressed return envelope. The
notification shall include the statutory qualifications for membership
on the commission as specified in RCW 43.03.305 and describe the duties
of the position under RCW 43.03.310. The notification shall request the
person selected to confirm on the form whether or not they meet the
statutory qualifications to serve on the commission and to indicate if
they are willing to serve on the commission in the specified capacity.
Each person shall be requested to return the form no later than February
10 of that year. Any selected person, by appropriate indication on the
form, may decline to serve on the commission. The secretary of state
shall take as conclusive indication that the person has declined to serve
if the form is not received by the secretary of state on or before
February 10 of that year. The notification shall include an appropriate
notice of this deadline.
(2) The secretary of state shall compile a list by congressional
district of each qualified person who has responded to the notification,
confirmed that they meet the specified qualifications and are willing to
serve on the commission as requested in subsection (1) of this section
((6(1) of this chapter)).
[Statutory Authority: RCW 43.03.305. 87-06-009 (Order 87-02), 434-09-060, filed 2/19/87.]
AMENDATORY SECTION (Amending Order 87-02, filed 2/19/87)
WAC 434-09-070 Determination of commission appointees from
congressional districts. From the list prepared under ((section 6(2) of
this chapter)) WAC 434-209-060(2), the secretary of state shall conduct
a separate, noncomputer selection by lot of ((three)) all qualified
persons responding positively to the notice in WAC 434-209-060 from each
congressional district. The persons selected from each congressional
district shall be listed in order of selection.
This list shall serve as the list of registered voters for the
initial appointment and for filling any subsequent vacancy.
[Statutory Authority: RCW 43.03.305. 87-06-009 (Order 87-02), 434-09-070, filed 2/19/87.]
AMENDATORY SECTION (Amending Order 87-02, filed 2/19/87)
WAC 434-09-080 Names of selected persons to governor. No later
than February 15((, 1987 and every four years thereafter)) of the year
of selection, the secretary of state shall forward to the governor the
certified list of the names of the first registered voter selected from
each congressional district under ((section 7 of this chapter)) WAC 434-209-070. In the event that one of the persons certified to the governor
declines appointment, the secretary of state shall forward to the
governor the name of the next registered voter from the same
congressional district on the list compiled under ((section 7 of this
chapter)) WAC 434-209-070.
[Statutory Authority: RCW 43.03.305. 87-06-009 (Order 87-02), 434-09-080, filed 2/19/87.]
AMENDATORY SECTION (Amending Order 87-02, filed 2/19/87)
WAC 434-09-090 Vacancy on the commission. ((Unless voter
registration information has been provided to the secretary of state
under RCW 29.04.150 within the thirty days prior to the vacancy, each
county auditor shall, no later than seven days after a vacancy in a
position on the commission as selected under section 7 of this chapter,
submit to the secretary of state a data file of records of registered
voters eligible to vote at the time of the vacancy.)) Whenever a vacancy
exists in any of the congressional districts, the governor shall notify
the secretary of state of the vacancy. The secretary of state shall
forward to the governor for appointment the next name on the list created
in WAC 434-209-070 for that congressional district. This procedure will
be repeated until this list is exhausted.
If the list from a congressional district becomes depleted, the
secretary of state shall create a new list for that congressional
district using the most recent voter information obtained from the county
auditors. Except for the revision of timelines under this section, the
process for compiling the data file of records of registered voters by
congressional district, conducting the selection by lot, notifying
persons selected, determining appointees, and forwarding to the governor
the certified list of the name of the registered voter selected shall be
substantially the same as specified in ((the sections 3-8 of this
chapter)) WAC 434-209-030 through 434-209-080.
[Statutory Authority: RCW 43.03.305. 87-06-009 (Order 87-02), 434-09-090, filed 2/19/87.]
REPEALER
The following sections of the Washington Administrative Code are
repealed:
WAC 434-20-010 Permanent registration Form 1.
WAC 434-20-020 Registrar's certificate of registered voters.
WAC 434-20-030 Certificate of transfer of registrations.
WAC 434-20-040 Certificate of cancellation of registrations.
WAC 434-20-050 Use of forms previously prescribed.
AMENDATORY SECTION (Amending Order 74-4, filed 6/3/74)
WAC 434-24-010 Contents of computer file of registered voters.
((In counties which maintain voter registration records on electronic
data processing systems under the provisions of RCW 29.07.150(2) and
provide precinct lists of registered voters at the precinct polling place
as provided by RCW 29.48.030, a record or)) Records containing the
following information shall be maintained on each registered voter in the
computer file: Name, address, registration number, sex, date of birth,
date of registration, applicable district and precinct codes, and up to
five dates upon which the individual has voted since establishing that
registration record. The county may assign numeric or alphabetic codes
for city names in order to facilitate economical storage of the voter's
address. ((When existing manual voter registration records are converted
to data processing, the county auditor shall record the last date upon
which the individual voted: Provided, That if the individual has not
voted since establishing that record no data shall be recorded.
Subsequent dates upon which the individual votes shall be recorded and
retained as provided by WAC 434-24-035 as now or hereafter amended.))
[Order 74-4, 434-24-010, filed 6/3/74; Order 6, 434-24-010, filed
3/3/72.]
AMENDATORY SECTION (Amending Order 74-4, filed 6/3/74)
WAC 434-24-015 Uniform control number. All counties ((which
maintain voter registration records on electronic data processing systems
under the provisions of RCW 29.07.150(2) and provide precinct lists of
registered voters at the precinct polling place as provided by RCW
29.48.030)) shall assign to each voter registration record in the
computer file a permanent control number ((composed of two alphabetic
characters representing the county in which the voter is registered,
followed by two numeric characters which shall be the last two digits of
the year in which the registration was taken, followed by a six digit
item number assigned in sequence: Provided, That for those registrations
taken prior to the time at which a county has placed all its current
registrations on the computer file, the two numeric characters, which
normally correspond to the year of registration, may be assigned
arbitrarily, and: Provided further, That the components of the uniform
registration number need not be stored in the computer file as a single
item of information)).
[Order 74-4, 434-24-015, filed 6/3/74.]
AMENDATORY SECTION (Amending Order 74-4, filed 6/3/74)
WAC 434-24-020 County codes. All counties ((which maintain voter
registration records on electronic data processing systems under the
provisions of subsection (2) of RCW 29.07.150 and provide precinct lists
of registered voters at the precinct polling place as provided by RCW
29.48.030,)) shall use the following system of two character codes for
designating the county in which the voter is registered:
Adams - AD Lewis - LE
Asotin - AS Lincoln - LI
Benton - BE Mason - MA
Chelan - CH Okanogan - OK
Clallam - CM Pacific - PA
Clark - CR Pend Oreille - PE
Columbia - CU Pierce - PI
Cowlitz - CZ San Juan - SJ
Douglas - DG Skagit - SK
Ferry - FE Skamania - SM
Franklin - FR Snohomish - SN
Garfield - GA Spokane - SP
Grant - GR Stevens - ST
Grays Harbor - GY Thurston - TH
Island - IS Wahkiakum - WK
Jefferson - JE Walla Walla - WL
King - KI Whatcom - WM
Kitsap - KP Whitman - WT
Kittitas - KS Yakima - YA
Klickitat - KT
[Order 74-4, 434-24-020, filed 6/3/74; Order 6, 434-24-020, filed
3/3/72.]
AMENDATORY SECTION (Amending Order 74-4, filed 6/3/74)
WAC 434-24-110 Transmittal of cancellations to the secretary of
state. Pursuant to the requirements of RCW 29.10.100, the ((registration
officer in each)) county ((which maintains voter registration records on
electronic data processing systems under the provisions of RCW
29.07.150(2) and provides precinct lists of registered voters at the
polling place as provided by RCW 29.48.030)) 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 ((be printed on paper stock measuring eight and one-half
inches by fourteen and seven-eighths inches and shall be of substantially
the following form:)) contain the following information for each voter:
Voter ID number, voter name, date of registration.
((State of Washington
ss.
County of
I, . . . . . . . ., hereby certify that I have cancelled from the
registration records of this county, the following persons:
Signed:
Registrar of Voters
registration name of date of address
number voter registration
. . . . . . . . . . . . . . . . . . . . . . . . . . . .
(An alphabetical list of names, addresses, registration numbers, and date
of registration, for each person whose registration record has been
cancelled follows.)))
[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 Order 74-4, filed 6/3/74)
WAC 434-24-115 Challenge of voter's registration. All
((registrars)) 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((: (1))) a registered voter
to challenge the registration of another voter ((on the basis of
residence pursuant to RCW 29.59.010; or (2) a precinct committeeman or
precinct election officer to challenge the registration of any voter on
the basis of residence)) pursuant to RCW 29.10.130. A copy of the
form((, designated as Permanent Registration Form 15A, shall be in
duplicate, the original to be retained by the registration officer and
the duplicate copy to)) shall be sent to the voter, whose ((residence))
voter registration has been challenged((, at the address at which the
challenger asserts that the voter presently resides)) and to the
challenger pursuant to RCW 29.10.140. The form shall be substantially
similar to the following:
[Open Style:Columns Off]
[Open Style:Columns On]
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.
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) 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.
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.
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
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) 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, 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 RCW.
challenges filed within thirty days of a primary, special or general election
State law (RCW 29.10.130) 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. 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. 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.
[Order 74-4, 434-24-115, filed 6/3/74.]
AMENDATORY SECTION (Amending Order 74-4, filed 6/3/74)
WAC 434-24-140 Requests for list of registered voters. ((In
counties which maintain voter registration records on electronic data
processing systems under the provisions of RCW 29.07.150(2) and provide
precinct lists of registered voters at the precinct polling place as
provided by RCW 29.48.030,)) The county auditor shall require each person
who requests a list of registered voters under the authority of RCW
29.04.100 and WAC ((434-24-130)) 434-324-130 to sign a request on a form
substantially similar to the sample included below. ((The form shall be
designated as Permanent Registration Form 14A.))
[Open Style:Columns Off]
[Open Style:Columns On]
[Order 74-4, 434-24-140, filed 6/3/74. Formerly WAC 434-24-130.]
AMENDATORY SECTION (Amending Order 74-4, filed 6/3/74)
WAC 434-24-160 ((Approval)) Review of automated voter registration
systems. Each county ((which maintains voter registration records on
electronic data processing systems under the provisions of RCW
29.07.150(2) and provides precinct lists of registered voters at the
precinct polling place as provided by RCW 29.48.030 shall submit to))
shall notify the office of the secretary of state of the intent to
purchase or install a new automated voter registration system. The
county shall submit a summary description of the automated voter
registration system to be used by that county ((or by the governmental
unit or firm with which the county contracts for maintenance of voter
registration records)). Such summary description shall contain, but not
be limited to the following:
(1) ((Input formats;
(2))) Data storage formats or record layouts;
(((3) Output formats;
(4))) (2) Samples of the outputs required by WAC ((434-24-080, 434-24-085, 434-24-105, 434-24-110, 434-24-120, and 434-24-130)) 434-324-085,
434-324-105, 434-324-110, 434-324-120, and 434-324-130;
(((5))) (3) Samples of any edit listings or other working output not
specifically required by these regulations; and
(((6))) (4) Any manuals of administrative procedure prepared for use
by the elections staff of the county auditor or the data processing staff
of that county or the governmental unit or firm with which the county
contracts for maintenance of voter registration records.
((If the)) A county's automated voter registration system shall
conform((s)) to all of the requirements of state law and of these
regulations((, the office of the secretary of state shall approve and
certify that system for use)). If the automated voter registration
system fails to conform to all of the requirements of state law and these
regulations, the office of the secretary of state shall notify the county
auditor of the nature of the nonconformity. The county auditor shall
correct the nonconforming aspects of the automated voter registration
system and provide to the office of the secretary of state such evidence
of the change or changes in the system as that office may deem
appropriate.
[Order 74-4, 434-24-160, filed 6/3/74.]
REPEALER
The following sections of the Washington Administrative Code are
repealed:
WAC 434-24-040 Oath of deputy registrars.
WAC 434-24-055 Voter registration worksheet.
WAC 434-24-070 Voters' request for transfer.
WAC 434-24-080 Transmittal of transfers to the secretary of state.
WAC 434-24-090 Voters' authorization to cancel registration.
WAC 434-24-100 Cancellation for failure to vote.
WAC 434-24-150 Subsidies for establishment of automated voter registration systems.
WAC 434-24-155 Subsidies for maintenance of records on automated voter registration systems.
WAC 434-24-170 Continuing review of automated voter registration
systems.
AMENDATORY SECTION (Amending WSR 92-10-038, filed 5/4/92, effective
6/4/92)
WAC 434-30-170 Electronic voting devices--Ballot form. Each office
on the ballot ((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). The office term shall be included on the ballot if
such term is other than a full((, regular)) term (e.g., short/full term,
two-year unexpired term, etc.). Each office((s)) shall be listed on the
ballot in the manner prescribed by law ((and these)) or administrative
rule((s)). ((Immediately)) Following ((shall be)) the office designation
the names of all candidates for that position((, each followed by the
name or abbreviation of the)) shall be listed together with political
party((, if any, with which the candidate desires to affiliate))
designation or the word "nonpartisan," or "NP" ((with an arrow, box, or
other notation at the right edge of the ballot indicating where the voter
is to punch or mark the ballot for the candidate)) 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 ((separated)) 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 29.04.080 and 29.04.210. 92-10-038, 434-30-170, filed 5/4/92, effective 6/4/92.]
AMENDATORY SECTION (Amending WSR 92-10-038, filed 5/4/92, effective
6/4/92)
WAC 434-30-180 Paper ballots and ballot cards--Numbering. All
paper ballots and ballot cards shall be sequentially numbered((, but
done)) in such a way to permit removal of such numbers without leaving
any identifying marks on the ballot card. The sequential number shall
be used ((in a manner)) to inventory ballots issued at a precinct on
election day, and may be used ((in a manner)) to facilitate the auditing
process for certification of an election. At no time may ((there be a
tracking system)) the numbers be used to trace a specific ballot back to
an individual voter. There shall be no marks on the ballot cards which
would distinguish an individual voter's ballot card from other ballot
cards.
[Statutory Authority: RCW 29.04.080 and 29.04.210. 92-10-038, 434-30-180, filed 5/4/92, effective 6/4/92.]
AMENDATORY SECTION (Amending WSR 92-10-038, filed 5/4/92, effective
6/4/92)
WAC 434-30-210 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((, regular)) term (e.g., short/full term, two-year unexpired term, etc.). Offices shall be arranged in the manner
described in RCW 29.30.020. Immediately following shall be the names of
all candidates for that position, ((followed by the name or abbreviation
of)) together with the political party((, if any, with which the
candidate desires to affiliate)) designation 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 29.04.080 and 29.04.210. 92-10-038, 434-30-210, filed 5/4/92, effective 6/4/92.]
REPEALER
The following sections of the Washington Administrative Code are
repealed:
WAC 434-30-100 Mechanical voting device ballot label uniformity.
WAC 434-30-110 Mechanical voting device instructions.
WAC 434-30-120 Mechanical voting devices--Office title label.
WAC 434-30-130 Mechanical voting devices--Ballot form.
WAC 434-30-140 Mechanical voting device diagrams.
WAC 434-30-220 Paper ballots--Numbering.
AMENDATORY SECTION (Amending WSR 92-12-083, filed 6/2/92, effective
7/3/92)
WAC 434-34-090 Logic and accuracy test certification--State primary
and general election. The secretary of state, the county auditor, and
any political party observers shall certify that the test has been
conducted in accordance with RCW ((29.34.163)) 29.33.350. 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.
[Statutory Authority: 1990 c 59. 92-12-083, 434-34-090, filed 6/2/92,
effective 7/3/92.]
AMENDATORY SECTION (Amending WSR 92-12-083, filed 6/2/92, effective
7/3/92)
WAC 434-34-110 Logic and accuracy test certification--Special
election. The county auditor, and any political party observers shall
certify that the test has been conducted in accordance with RCW
((29.34.163)) 29.33.350. Copies of this certification shall be retained
by the county auditor. All programming materials, test results, and test
ballots shall be securely sealed until the day of the primary of
election.
[Statutory Authority: 1990 c 59. 92-12-083, 434-34-110, filed 6/2/92,
effective 7/3/92.]
AMENDATORY SECTION (Amending Order 83-2, filed 11/1/83)
WAC 434-36-020 Definitions. As used in this chapter:
(1) "County auditor" means the county auditor in a noncharter county or the officer, irrespective of title, having the overall responsibility to maintain voter registration information and conduct state and local elections in a charter county, and his or her deputies or staff, where the context indicates;
(2) "Mail ballot ((special)) election" means an election conducted
entirely by mail ballot where:
(a) Only issues or nonpartisan offices are on the ballot;
(b) The election is not being held in conjunction with a state primary or any general election; and
(c) The election involves precincts not regularly voting by mail at primary and general elections.
(3) "Mail ballot" means a ballot used in a mail ballot ((special))
election and does not include ((a ballot used in a precinct with fewer
than one hundred registered voters regularly voting by mail in primary
and general elections or)):
(a) A mail ballot precinct ballot;
(b) An absentee ballot issued at the request of the voter;
(4) "Mail ballot precinct ballot" means a ballot used in a precinct with fewer than two hundred active registered voters regularly voting by mail in primary, general, and special elections;
(5) "Ballot security envelope" means the envelope which fits inside of the return envelope and in which the voter is instructed to seal his or her ballot so that, following the verification of the signature of that voter, the ballot cannot be distinguished from other valid ballots;
(((5))) (6) "Return envelope" means the envelope in which the voter
is instructed to seal his or her ballot security envelope and on which
the voter signs and dates the affidavit that he or she has cast a vote
in that special election;
(((6))) (7) "Transmittal envelope" means the envelope in which the
ballot, ballot security envelope, return envelope, and instructions are
sent to the voter in a mail ballot special election; and
(((7))) (8) "Secure storage" ((means a locked room, cabinet, or
other space, where access is controlled by the county auditor and where
a record is maintained by the auditor of the date, time, and name of any
person, other than an employee of the auditor's office, to whom access
is permitted)) in mail ballot elections shall be the same as "secure
storage" defined in chapter 434-240 WAC.
[Statutory Authority: 1983 1st ex.s. c 71. 83-22-055 (Order 83-2),
434-36-020, filed 11/1/83.]
AMENDATORY SECTION (Amending Order 83-2, filed 11/1/83)
WAC 434-36-030 Request for mail ballot ((special)) 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, 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, pending
approval of an election plan by the secretary of state, or (2) that the
request for the mail ballot special election is not granted, for reasons
specified. At the same time, the county auditor shall mail to the
secretary of state a copy of the resolution for the mail ballot special
election and a copy of the auditor's response.
[Statutory Authority: 1983 1st ex.s. c 71. 83-22-055 (Order 83-2),
434-36-030, filed 11/1/83.]
AMENDATORY SECTION (Amending Order 83-2, filed 11/1/83)
WAC 434-36-040 Mail ballot ((special)) election plan. A county
auditor planning to conduct mail ballot ((special)) elections shall, not
less than sixty days prior to the first such election, submit a
((standard)) mail ballot ((special)) election plan to the secretary of
state. This plan shall ((remain on file in the office of the secretary
of state and shall remain in effect for all mail ballot special elections
unless amended by the county auditor)) only be required for and apply to
the first mail ballot election in a county. The election plan shall be
in check list form and shall specify the number of days before the
election when certain activities are expected to be completed. The
checklist may contain other activities, in addition to those listed here
and may be arranged in a different chronological order, but otherwise
shall be in substantially the following form:
days preceding activity
the election
Ordering of ballots and ballot envelopes
Layout ballot
Materials to printer (including instructions to voters)
Notification of postal authorities
Notification of news media and political parties
Receipt of ballot pages, ballot cards, or paper ballots and
other printed material
Preparation of mail ballot special election material
Ballots mailed
Extra personnel hired
Extra personnel trained
Begin initial verification of signatures
Notice of election
(( Last day to mail notification of lack of signature))
The ((standard)) mail ballot election plan may be amended at any
time up to thirty-five days before the date of any mail ballot special
election by notifying the secretary of state, in writing, of any changes.
In addition to the ((standard)) mail ballot ((special)) election plan,
the county auditor shall((, for the first three mail ballot special
elections in his or her county,)) provide the secretary of state with the
following material:
(1) A brief narrative of the arrangements made with the postal authorities;
(2) ((A copy of the ballot layout, including the ballot title(s);
(3))) A brief narrative of the procedures to be followed from the
time the ballots are received until they are tabulated;
(((4) A floor plan of the working area where ballots will be
processed, including approximate dimensions;
(5))) (3) Samples of ballot materials, instructions, legal notices,
press releases, newspaper articles, and any other printed materials as
they become available; ((and
(6))) (4) An estimate of the number of additional personnel to be
hired; and
(5) Any other materials the secretary of state may require.
[Statutory Authority: 1983 1st ex.s. c 71. 83-22-055 (Order 83-2),
434-36-040, filed 11/1/83.]
AMENDATORY SECTION (Amending Order 83-2, filed 11/1/83)
WAC 434-36-050 Review of the plan by the secretary of state. (1)
Within five business days after the receipt of a ((standard)) mail ballot
((special)) election plan, an amendment to a special election plan, or
election materials for a specific election, the secretary of state shall
review the plan. If the secretary of state finds that, in his or her
judgment, elements of the election plan, amendments to a plan, or
election materials do not adequately provide for secrecy of the ballots,
prevention of fraud, or the accurate processing and canvassing of
ballots, he or she shall immediately notify the county auditor of these
exceptions. The county auditor and the secretary of state shall attempt
to reach mutually acceptable modifications to the election plan,
amendments to a plan, or election materials. In the event that no
mutually acceptable agreement is reached, the secretary of state shall
notify the county auditor, in writing, that he or she takes formal
exception to the disputed elements of the plan, amendment to a plan, or
election materials and of the reasons for his or her objections. He or
she shall also provide copies of that notification to the other members
of the county canvassing board and, if he or she deems appropriate, to
the governing body of any jurisdiction for which a mail ballot special
election has been scheduled in that county.
(2) The secretary of state ((may not take formal exception to any
policies, procedures, or materials developed by the county auditor for
the conduct of a mail ballot special election which do not directly
affect secrecy of the ballot, prevention of fraud, or accurate processing
and canvassing of the ballots. He or she)) may recommend changes to
((these)) any policies, procedures, or materials where, in his or her
judgment, such changes would improve the administration of the election.
[Statutory Authority: 1983 1st ex.s. c 71. 83-22-055 (Order 83-2),
434-36-050, filed 11/1/83.]
AMENDATORY SECTION (Amending Order 83-2, filed 11/1/83)
WAC 434-36-060 Notice of election. In any mail ballot ((special))
election, the notice of election published pursuant to RCW 29.27.080
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;
(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.
[Statutory Authority: 1983 1st ex.s. c 71. 83-22-055 (Order 83-2),
434-36-060, filed 11/1/83.]
AMENDATORY SECTION (Amending Order 83-2, filed 11/1/83)
WAC 434-36-070 Delivery of ballot to voter. Not sooner than
twenty-five days nor later than fifteen days before any mail ballot
((special)) election, the county auditor shall send to each registered
voter in the election district a ballot, a return envelope, a ballot
security envelope, and instructions regarding the mail ballot election.
[Statutory Authority: 1983 1st ex.s. c 71. 83-22-055 (Order 83-2),
434-36-070, filed 11/1/83.]
AMENDATORY SECTION (Amending Order 83-2, filed 11/1/83)
WAC 434-36-080 Envelope specifications. ((All ballots, ballot
security envelopes, and return envelopes shall be of uniform color and
size for each jurisdiction conducting a mail ballot special election.
The county auditor may, however, use ballots, security envelopes, and
return envelopes of uniform size for all jurisdictions conducting a mail
ballot special election should he or she so desire. The envelope in
which the ballot is mailed to the voter shall be clearly marked, "do not
forward -- return to sender -- return postage guaranteed." The return envelope
shall bear the address of the issuing officer and the words, "official
ballot -- do not delay" prominently displayed on the front, and shall also
bear the words "postage required" in the upper right hand corner. The
envelope shall contain a space for the voters name and address to be
listed and shall also contain the following statement:
I, the undersigned, hereby state that I am a registered voter
in Washington; that I am entitled to vote in this election;
that I have not voted another ballot; and that I have
completed this ballot in secret. I further understand that
any person attempting to vote when he or she is not entitled
or who falsely signs this affidavit shall be guilty of a
felony, punishable by imprisonment of not more than five years
or a fine of not more than five thousand dollars, or both such
fine and imprisonment.
(signed)
(date of oath) ))
The envelopes in which mail ballots are mailed to the voters shall
be clearly marked with postal service endorsements to prevent forwarding
of the ballot and ensure undeliverable ballots are returned to the county
auditor with address corrections. In all other respects, mail ballot
election envelopes shall conform to the requirements for absentee ballot
envelopes provided in chapter 434-240 WAC.
[Statutory Authority: 1983 1st ex.s. c 71. 83-22-055 (Order 83-2),
434-36-080, filed 11/1/83.]
AMENDATORY SECTION (Amending Order 83-2, filed 11/1/83)
WAC 434-36-100 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 of deposit
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 an employee of the
auditor's office or)) by ((another)) 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 RCW. The person designated by the auditor shall not be an employee
of the jurisdiction ((conducting the special election)) 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. ((That)) These persons shall
ensure that the affidavit on the return envelope is signed before the
ballot is deposited in the ballot box. ((On election day, the person(s)
staffing the designated place(s) of deposit shall place their initials
and time of deposit on the return envelope.)) 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.
[Statutory Authority: 1983 1st ex.s. c 71. 83-22-055 (Order 83-2),
434-36-100, filed 11/1/83.]
AMENDATORY SECTION (Amending Order 83-2, filed 11/1/83)
WAC 434-36-110 Obtaining replacement ballots. Each county auditor
shall designate his or her office or any other location within the
jurisdiction requesting the mail ballot ((special)) election as the
single place where voters may obtain a replacement ballot. Any voter
seeking a replacement ballot must, prior to 8:00 p.m. on election day,
return the original ballot if it was spoiled and sign a sworn statement
in substantially the following form:
I, . . . . . ., do hereby request a replacement ballot for the mail
ballot ((special)) election to be held on . . . . . . in . . . . . .
county, Washington, for the following reason (check one):
I did not receive the ballot mailed to me.
or
The ballot mailed to me has been damaged, lost, or
destroyed.
I hereby certify, under penalty of law, that the above
information is true and correct, and that I understand that
attempting to vote more than once in any election is a
violation of Washington election law.
Signature of voter
Address at which I
am registered to vote
The above named individual appeared before me and has been
issued a replacement ballot pursuant to the provisions of
chapter 71, Laws of 1983 1st ex. sess.
Signature of
issuing officer
Date
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.
[Statutory Authority: 1983 1st ex.s. c 71. 83-22-055 (Order 83-2),
434-36-110, filed 11/1/83.]
AMENDATORY SECTION (Amending Order 83-2, filed 11/1/83)
WAC 434-36-120 Unsigned affidavit. If the voter neglects to sign
the affidavit on the return envelope, the auditor shall ((notify the
voter, either by telephone or by first class mail, of that fact. He or
she shall advise the voter that, in order for the ballot to be counted,
the voter must appear in person at the auditor's office not later than
8:00 p.m. on election day. A record shall be kept on the return envelope
of the date on which the voter was contacted or on which the notice was
mailed. Any notice by mail shall be in substantially the following form:
Dear Voter:
Your ballot for the forthcoming mail ballot special election
to be held on . . . . . . has been received by this office.
Unfortunately, you neglected to sign the affidavit on the
reverse side of the return envelope, as required by state law.
Please appear in person at the location listed on this card
and sign this affidavit no later than 8:00 p.m. on . . . . . .
Your ballot cannot be counted unless the return envelope is
signed.
address: ))
follow the procedures prescribed for unsigned affidavits in chapter 434-240 WAC.
[Statutory Authority: 1983 1st ex.s. c 71. 83-22-055 (Order 83-2),
434-36-120, filed 11/1/83.]
AMENDATORY SECTION (Amending Order 83-2, filed 11/1/83)
WAC 434-36-140 Verification of signatures--Process. ((If the
auditor determines that the signature on the return envelope matches that
on the voter registration card, he or she shall indicate on the envelope
that a signature comparison has been made. No indication of a voter
having cast a ballot shall be made on the voter registration file until
a signature comparison has been made. In the event the auditor
determines that the signatures do not match, or that the voter has voted
more than once, he or she shall refer all such ballots and any other
related materials to the county canvassing board. No ballot so referred
shall be counted unless subsequent investigation reveals it to be a valid
ballot and the canvassing board directs the auditor to accept it. The
signature verification process shall be open to the public, subject to
reasonable procedures promulgated by the county auditor to insure that
order is maintained and to safeguard the integrity of the process.)) The
county auditor shall verify signatures on the return envelopes in the
same manner the canvassing board verifies signatures on absentee ballot
return envelopes pursuant to chapter 434-240 WAC.
[Statutory Authority: 1983 1st ex.s. c 71. 83-22-055 (Order 83-2),
434-36-140, filed 11/1/83.]
AMENDATORY SECTION (Amending Order 83-2, filed 11/1/83)
WAC 434-36-180 Tallying of ballots. The county canvassing board,
upon the request of the county auditor, may ((direct that,)) begin final
processing of mail ballots on hand after ((12:00 noon)) 7:00 a.m. on
election day((, mail ballots on hand be counted. Any such count made
prior to 8:00 p.m. must be done in secret and the results not revealed
until after 8:00 p.m. Whenever any ballot is to be counted, the county
auditor shall ensure that at least three election officers are present.
Such officers shall be appointed as provided by RCW 29.45.010)). The
county auditor shall request in writing that each major political party
appoint representatives to observe such counts. Anyone present shall
subscribe to an oath of secrecy regarding divulging election returns
prior to 8:00 p.m. election night. Any violation of the secrecy of the
count shall be subject to the penalties provided in RCW ((29.54.035))
29.85.225. During ((either the early count of ballots or the regular))
tabulation of ballots on election night in counties using electronic
voting devices, political party observers may select up to ((ten)) three
precincts and count by hand either the total number of ballots or the
total number of votes cast for any single office or issue. This hand
count may take place at any time after the ballots have been officially
tabulated by the electronic vote tallying system, but must take place
prior to the official certification of the election results. Except as
otherwise provided by law or administrative rule, mail ballots shall be
processed and canvassed in the same manner as absentee ballots.
[Statutory Authority: 1983 1st ex.s. c 71. 83-22-055 (Order 83-2),
434-36-180, filed 11/1/83.]
AMENDATORY SECTION (Amending Order 83-2, filed 11/1/83)
WAC 434-36-200 Maintenance of records. Each county auditor
conducting a mail ballot ((special)) election shall maintain and retain
complete documentation of that election. The documentation maintained
shall include, but not be limited to, the following:
(1) A copy of the resolution calling for the mail ballot election, if applicable;
(2) A copy of the legal notice identifying the election as a mail ballot election;
(3) The return envelopes which have been marked to indicate the signature had been verified, or a list containing the same data present on the return envelopes;
(4) The sworn statement of each voter issued a replacement ballot; and
(5) The master list indicating which voters cast ballots.
The retention period for this material and for the ballots
themselves shall be the same as for absentee ballots, or until the
resolution of any litigation arising out of the mail ballot election.
Ballots and all related material shall be ((held in secure storage both
before they are mailed and after they are returned)) stored in the same
manner as materials used in other types of elections.
[Statutory Authority: 1983 1st ex.s. c 71. 83-22-055 (Order 83-2),
434-36-200, filed 11/1/83.]
AMENDATORY SECTION (Amending Order 83-2, filed 11/1/83)
WAC 434-36-210 Report to the secretary of state. Not later than
((seven)) sixty calendar days following the official canvass of any mail
ballot ((special)) election, the county auditor shall report the results
of that election to the secretary of state. Included in that report
shall be:
(1) The total number of eligible voters in the district;
(2) The total number of ballots mailed;
(3) The total number of ballots returned (((listing those returned
by mail and by deposit as separate subtotals)));
(4) The total number of replacement ballots issued (((with separate
subtotals for destroyed, lost, spoiled or not received original
ballots)));
(5) The total number of ballots accepted as valid and counted;
(6) The total number of ballots rejected; ((included in the rejected
ballot total shall be subtotals listing:
(a) The number of ballots received late;
(b) The number of ballots rejected because the return envelope bore
no signature;
(c) The number of ballots rejected because the signature on the
return envelope was not that of the registered voter to whom the ballot
was issued; and
(d) The number of ballots rejected because the voter attempted to
vote more than once;))
(7) The official results of the election; and
(8) An itemization of the cost of the mail ballot ((special))
election to the jurisdiction which requested it.
The auditor shall retain a copy of this report in his or her files,
and shall provide a copy to the jurisdiction for which the mail ballot
special election was conducted.
[Statutory Authority: 1983 1st ex.s. c 71. 83-22-055 (Order 83-2),
434-36-210, filed 11/1/83.]
REPEALER
The following sections of the Washington Administrative Code are
repealed:
WAC 434-36-130 Signature verification--Personnel.
WAC 434-36-150 County canvassing board.
WAC 434-36-190 Canvassing of ballots.
AMENDATORY SECTION (Amending WSR 91-20-074, filed 9/26/91, effective
10/27/91)
WAC 434-40-010 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 ((23, Laws of
1991)) 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) "Canvassing board" or "county canvassing board" is that body
charged by law with the duty of canvassing absentee ballots, of ruling
on the validity of ((questioned)) special or challenged ballots, of
verifying all unofficial returns as listed in the auditor's abstract of
votes, and of producing the official county canvass report; it shall be
composed of the county auditor, prosecuting attorney, and chairperson of
the board of the county legislative authority, or their representatives,
designated pursuant to the provisions of WAC ((434-40-210)) 434-240-210;
(6) "Territorial limits of the United States" means the fifty United States and the District of Columbia;
(7) (("Blind voter" is a voter who has no vision or whose vision
with corrective lenses is so defective as to prevent performance of
ordinary activities for which eyesight is essential, or who has an eye
condition of a progressive nature which may lead to blindness;
(8) "Voter requiring assistance" is any voter who has a sensory or
physical handicap that results in his or her inability to vote at a
polling place without assistance; such assistance shall be provided in
the manner set forth by RCW 29.51.200;
(9) "Disabled voter" is any blind voter, voter requiring assistance,
or any voter who has:
(a) Lost both lower limbs;
(b) Lost normal or full use of the lower limbs to sufficiently
constitute severe disability;
(c) No ability to move without crutches or a wheelchair;
(d) Lost both hands;
(e) A lung disease where forced expiratory respiratory volume when
measured by spirometry is less than one liter per second;
(f) Cardiovascular disease classified as Class III or IV under
American Heart Association standards;
(10))) "Ongoing absentee ballot" is ((that absentee ballot provided
to disabled voters and voters over the age of sixty-five, pursuant to the
provisions of RCW 29.36.013)) 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 ((23, Laws of 1991)) 40.24
RCW;
(((11))) (8) "Hospital absentee ballot" is that absentee ballot
provided to voters confined to a hospital no earlier than five days
before a primary or election, pursuant to the provisions of RCW
29.36.010;
(((12))) (9) "Special absentee ballot" is that ballot provided to
registered voters and electors in state primary and general elections who
indicate on their application that they believe they will be residing or
stationed or working outside the continental United States at the time
of the election and that they will be unable to vote and return a regular
absentee ballot during the time period provided by law;
(((13))) (10) "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;
(((14))) (11) "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((; it shall be locked during those periods of time when the
auditor's office is closed, and when the office is open, access shall be
permitted only to the county auditor and to those persons authorized in
writing)). 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;
(((15))) (12) "Challenged ballot" is that ballot issued to any voter
whose registration has been challenged pursuant to the provisions of
chapter 29.10 RCW and this chapter;
(((16) "Questioned)) (13) "Special ballot" is that ballot issued to
a voter by precinct election officers pursuant to WAC ((434-40-250)) 434-240-250 or whenever any doubt exists as to the voter's qualifications to
vote in an election and no challenge has been made by either a registered
voter or the precinct election officer.
(((17))) (14) "County auditor" shall be as defined by RCW 29.01.043,
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.
(15) "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 in which the county auditor has determined to conduct
the voting by mail ballot.
[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 Order 88-1, filed 1/12/88)
WAC 434-40-030 Application form for a regular absentee ballot.
Each county auditor shall provide an application form for a regular
absentee ballot. ((The form shall be no smaller than five inches by
eight inches and may be produced in any format deemed suitable to each
county.)) The form shall include, but not be limited to, the following:
(1) A space for the voter to print his or her name and address at which he or she is registered to vote;
(2) ((A space for the out-of-state or service voter to indicate his
or her last permanent residence within the state of Washington;
(3))) An address to which the ballot is to be mailed;
(((4))) (3) A space for the voter to indicate for which election(s)
the application is made;
(((5))) (4) A space for the voter to sign his or her name and the
date the application is made.
Only the address of the county auditor may appear on any regular
absentee ballot application as the return address to which the
application is to be mailed.
[Statutory Authority: RCW 29.36.150. 88-03-019 (Order 88-1), 434-40-030, filed 1/12/88.]
AMENDATORY SECTION (Amending WSR 91-20-074, filed 9/26/91, effective
10/27/91)
WAC 434-40-050 Ongoing absentee ballot application. Each county
auditor shall provide an application form for an ongoing absentee ballot.
This form may be produced in any format deemed suitable to each county
((but must be produced in a manner that is readable by vision-impaired
and elderly voters. The form should be printed in over-sized type and
may be in distinctive colors)). The form shall include, as a minimum,
the following information:
(1) ((A place to indicate that the voter is eligible for an ongoing
absentee ballot because he or she is either disabled or over the age of
sixty-five or is a certified participant in the address confidentiality
program authorized by chapter 23, Laws of 1991;
(2) A definition of disabled voter consistent with the definition
appearing in WAC 434-40-010;
(3))) Space to provide the voter's printed name, the address at
which the voter is registered to vote, including city and zip code;
(((4))) (2) A space for the voter to sign his or her name((,)) and
provide a telephone number((, and, if the voter is claiming status
because of age, the date of birth));
(((5))) (3) A summary of the reasons for termination of status as
an ongoing absentee voter((;
Signatures on applications for ongoing absent ballots shall be
verified in the same manner as signatures on applications for regular
absentee ballots. Ongoing absentee ballots shall be mailed to the
address specified by the applicant on the application form)).
[Statutory Authority: 1991 c 23. 91-20-074, 434-40-050, filed
9/26/91, effective 10/27/91. Statutory Authority: RCW 29.36.150. 88-03-019 (Order 88-1), 434-40-050, filed 1/12/88.]
AMENDATORY SECTION (Amending WSR 91-20-074, filed 9/26/91, effective
10/27/91)
WAC 434-40-060 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) January 1st of each odd-numbered year, provided at least one
general election has been held since the voter acquired status as an
ongoing absentee voter;))
A service voter, as defined in RCW 29.01.155, who is a certified
participant in the address confidentiality program authorized by chapter
((23, Laws of 1991)) 40.24 RCW, shall maintain ongoing absentee voter
status throughout the term of their program participation((;
All persons terminated from the status of ongoing absentee voter who
do not automatically renew their status pursuant to the provisions of WAC
434-40-080 shall have their original application form retained by the
auditor for a period of one year after the date of termination)).
[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 Order 88-1, filed 1/12/88)
WAC 434-40-130 Incomplete application from elector. (((1) If an
application for an absentee ballot from a registered voter or an elector
does not contain the signature of the applicant, the auditor shall
attempt to contact the applicant by whatever means deemed appropriate,
including written notification pursuant to WAC 434-40-160, in order to
obtain the signature.
(2))) If an application for an absentee ballot from an elector is
received by the county auditor and it does not contain sufficient
information to enable the auditor to issue the correct absentee ballot,
the auditor shall, if in his or her judgment enough time exists to make
such action practical, request that the elector provide the additional
information in order to enable the auditor to mail the correct absentee
ballot. If, in the judgment of the auditor, insufficient time exists to
permit this action, the auditor may issue the absentee ballot that would
be issued if the applicant had listed the courthouse as his or her legal
residence. Upon its return, the ballot shall be referred to the county
canvassing board, and only that part of the ballot containing candidates
and measures common to the entire county, and any other offices or issues
on which it can be conclusively determined the voter is qualified to cast
a ballot, shall be tabulated.
[Statutory Authority: RCW 29.36.150. 88-03-019 (Order 88-1), 434-40-130, filed 1/12/88.]
AMENDATORY SECTION (Amending Order 88-1, filed 1/12/88)
WAC 434-40-160 Notification to voter of incomplete application.
In addition to notification provisions required by WAC ((434-40-130))
434-240-130, the county auditor shall notify any person submitting an
absentee ballot application ((which)) that is not accepted of the reason
why the application is not accepted. ((The notification provided shall
be in substantially the following form:
notice to absentee ballot applicant
Your application for an absentee ballot has been received in our office
but we are unable to process it or issue you an absentee ballot for the
following reason(s):
( ) lack of signature - We must have your signature on the request before
we can honor it. Please sign the enclosed application as you are
registered to vote and return it to this office;
( ) not registered - We are unable to find a voter registration record for
you in our files. Please contact our office to resolve this matter
as soon as possible;
( ) request received too late - Your request for an absentee ballot was
received after the last day prescribed by law for the issuance of
absentee ballots;
( ) other -
))
[Statutory Authority: RCW 29.36.150. 88-03-019 (Order 88-1), 434-40-160, filed 1/12/88.]
AMENDATORY SECTION (Amending Order 88-1, filed 1/12/88)
WAC 434-40-200 Absentee ballot--Instructions to voters. Included with each absentee ballot provided to applicants shall be instructions for properly voting the ballot and for returning it in a manner that will guarantee the voter secrecy of his or her ballot. The instructions shall include the following:
(1) Detailed instructions for correctly marking the ballot;
(2) Detailed instructions on how the voter may correct a spoiled ballot;
(3) Instructions on how the voter is to complete and sign the affidavit on the return envelope;
(4) Instructions on how the voter is to place his or her ballot in the security envelope and place the security envelope in the return envelope;
(5) Instructions regarding postage, if required;
(6) Notice to the voter that the ballot ((will be counted if it is))
must be postmarked not later than election day ((and if it is received
by the county auditor not later than the tenth day following any special
election or primary, or the fifteenth day following a general election)).
[Statutory Authority: RCW 29.36.150. 88-03-019 (Order 88-1), 434-40-200, filed 1/12/88.]
AMENDATORY SECTION (Amending Order 88-1, filed 1/12/88)
WAC 434-40-240 Verification of the signature and postmark on
absentee ballots. ((The county canvassing board shall examine the
signature on the return envelope of all absentee ballots to ensure that
the applicant is qualified to cast the ballot. The provisions of WAC
434-40-140 shall be applicable in determining the validity of the
signature as it appears on the return envelope.)) An absentee ballot
shall be counted only if:
(1) It is returned in the return envelope;
(2) The affidavit is signed by the registered voter to whom it was issued;
(3) The signature has been verified by the county canvassing board;
(4) It is postmarked not later than the day of the election or deposited not later than 8:00 p.m. on election day; and
(5) The absentee ballot is received by the certification of the election.
The canvassing board must compare the signature on the return
envelope, or on a copy of the return envelope, with the signature as it
appears on the voter's voter registration card. 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. For service voters, overseas voters, and out-of-state voters the date of mailing shall be the date indicated by the voter
on the return envelope, and any envelope which shows a date subsequent
to the date of the primary or general election shall be referred to the
county canvassing board for disposition. For all other absentee ballots,
the date of mailing shall be the postmark, if present and legible. If
the postmark is not present or legible, the date of mailing shall be
considered the date indicated by the voter on the return envelope. All
absentee ballots showing a postmark subsequent to the date of the primary
or election, or a date indicated by the voter subsequent to the date of
the primary or election if the postmark is missing or illegible, shall
be referred to the county canvassing board for their disposition. 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.
[Statutory Authority: RCW 29.36.150. 88-03-019 (Order 88-1), 434-40-240, filed 1/12/88.]
AMENDATORY SECTION (Amending Order 88-1, filed 1/12/88)
WAC 434-40-250 Absentee voter attempting to vote at the polls. In
addition to maintaining a record of all persons requesting and being
issued an absentee ballot, each county auditor will, to the extent time
allows, make a notation on each poll list of the persons who have been
issued an absentee ballot. Whenever any voter whose name has been so
marked attempts to vote at the polling place, the precinct election
officers shall issue that voter a ((questioned)) special ballot. The
((questioned)) special ballot shall be placed in an envelope, on the
outside of which the words "((questioned)) special ballot" shall be
printed. The envelope should then be sealed and care shall be taken to
ensure that no marks appear on the outside of that envelope which might
identify that voter. This envelope should then be placed in a larger
envelope, on the outside of which shall be printed the words
"((questioned)) special ballot." There shall also be space on this outer
envelope for the precinct election officers to indicate the name and
number of the precinct, the printed name, address, and telephone number
of the questioned voter, and the reason why the special ballot is being
((questioned)) issued. The ballot should then be referred to the
canvassing board for their disposition.
This regulation and WAC ((434-40-260)) 434-240-260 shall not apply
to any county that does not tabulate absentee ballots until the poll
books have been examined to ensure that no voter has voted twice.
[Statutory Authority: RCW 29.36.150. 88-03-019 (Order 88-1), 434-40-250, filed 1/12/88.]
AMENDATORY SECTION (Amending Order 88-1, filed 1/12/88)
WAC 434-40-270 Maintenance of an audit trail on absentee ballots. Each county auditor shall maintain an audit trail with respect to the processing of absentee ballots which shall include, but not be limited to, the following:
(1) A record of when each absentee ballot application was received, the date the ballot was mailed or issued, and the date the absentee 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 not honored;
(4) A record of the disposition of each returned absentee ballot not counted;
(5) A record of the time and place of 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, including the seal numbers used to secure the ballots during all facets of the absentee ballot process;
(7) A reconciliation that all absentee ballots counted plus all
absentee ballots rejected is equal to the total number of absentee
ballots received.
[Statutory Authority: RCW 29.36.150. 88-03-019 (Order 88-1), 434-40-270, filed 1/12/88.]
AMENDATORY SECTION (Amending Order 88-1, filed 1/12/88)
WAC 434-40-290 Security of absentee ballots. Following the
tabulation of absentee ballots, they shall be kept in sealed ((or
locked)) containers and in secure storage until the expiration of any
time deadlines for a legal challenge to the results of the primary or
election, and then should be retained by the county as long as required
by state or federal law.
[Statutory Authority: RCW 29.36.150. 88-03-019 (Order 88-1), 434-40-290, filed 1/12/88.]
REPEALER
The following sections of the Washington Administrative Code are
repealed:
WAC 434-40-070 Notice of termination as ongoing absentee voter.
WAC 434-40-080 Renewal of status as ongoing absentee voter.
WAC 434-40-140 Signature discrepancies.
WAC 434-40-170 Security of absentee ballot applications.
WAC 434-40-210 Canvassing board--Delegation of authority.
WAC 434-40-220 Canvassing board--Notice of open public meeting.
WAC 434-40-280 Challenge to the registration of absentee voters.
WAC 434-40-310 Absentee ballot--Credit for having voted.
AMENDATORY SECTION (Amending WSR 92-12-083, filed 6/2/92, effective
7/3/92)
WAC 434-53-020 Election supplies--Polling place. Polling places shall be provided, at a minimum, with the following supplies at every election:
(1) Precinct list of registered voters or a poll book, which shall include suitable means to record the signature and address of the voter;
(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) Instruction signs for voters;
(8) Challenge/((questioned)) special ballot 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 (((purpose of audit trail)));
(15) Emergency plan of action.
[Statutory Authority: 1990 c 59. 92-12-083, 434-53-020, filed 6/2/92,
effective 7/3/92.]
AMENDATORY SECTION (Amending WSR 92-12-083, filed 6/2/92, effective
7/3/92)
WAC 434-53-030 Securing the ballot box. After the ballot box is
determined to be empty, it shall be locked or sealed with a numbered seal
as directed by the county auditor. If a lock is used, the key shall be
retained by the inspector ((or the numbered)). If a numbered seal is
used the seal shall remain on the ballot box until it is opened following
the closing of the polls, or to permit the early tabulation of paper
ballots, or the early pickup and transfer of ballots to the counting
center.
[Statutory Authority: 1990 c 59. 92-12-083, 434-53-030, filed 6/2/92,
effective 7/3/92.]
AMENDATORY SECTION (Amending WSR 92-12-083, filed 6/2/92, effective
7/3/92)
WAC 434-53-040 Verification of voter's name. All voters must
provide their names to the precinct election officers so that
verification can be made that the voter's name appears ((in the poll book
or)) on the precinct list of registered voters. Upon verifying that the
voter's name is ((in)) on the ((poll book or)) precinct list ((of
registered voters (hereafter referred to as list))) any precinct election
officer may challenge that voter's right to vote, as provided by law.
If no challenge is made, the voter shall be issued a ballot and the
sequence number of the ballot issued recorded next to the voter's name.
[Statutory Authority: 1990 c 59. 92-12-083, 434-53-040, filed 6/2/92,
effective 7/3/92.]
AMENDATORY SECTION (Amending WSR 92-12-083, filed 6/2/92, effective
7/3/92)
WAC 434-53-090 Designation of poll watchers. All persons
designated as poll watchers ((by any political party or committee)) shall
be ((so)) designated in writing by the political party or committee that
they represent. Such designation shall be signed by an ((appropriate))
officer of the party or committee. The auditor may require that a copy
of this designation be filed with his or her office not later than the
day prior to the primary or election and shall, whenever possible, ensure
that a copy of the designation is provided to each affected polling place
inspector. ((The inspector shall ensure that poll watchers have access
to a record of who has voted but)) The inspector shall ((also)) ensure
that absolutely no interference with voting takes place.
[Statutory Authority: 1990 c 59. 92-12-083, 434-53-090, filed 6/2/92,
effective 7/3/92.]
AMENDATORY SECTION (Amending WSR 92-12-083, filed 6/2/92, effective
7/3/92)
WAC 434-53-100 Electronic voting devices--Identified for specific
((candidates)) offices or measures. In ((those)) counties using
electronic voting devices ((and)) that employ a separate ballot, ((and))
where not all voters within a precinct or polling place are entitled to
vote on all candidates or measures appearing ((on the ballot)) in that
precinct or polling place, the voter shall be directed to a voting device
((where the ballot)) that contains only the appropriate offices and
measures. Unless otherwise provided by law or ((these)) administrative
rule((s)), if the ballots are segregated by the use of a prepunch or
other machine-readable code, the voter may be directed to any voting
device, provided((,)) the prepunch or code is designed to permit the
tabulation of only those responses for which the voter was entitled to
vote. Instructions shall be provided to the voter ((by)) identifying
((in)) within each device which ballot pages, or sections of ballot pages
are applicable to the various ballot codes assigned to the voting device.
[Statutory Authority: 1990 c 59. 92-12-083, 434-53-100, filed 6/2/92,
effective 7/3/92.]
AMENDATORY SECTION (Amending WSR 92-12-083, filed 6/2/92, effective
7/3/92)
WAC 434-53-120 Spoiled ballot procedures. If the voter spoils his
or her ballot by mismarking it or otherwise damaging the ballot in such
a way that it cannot be accurately tabulated to reflect the voter's
intent, the voter shall return the spoiled ballot to the precinct
election officer. The precinct election officer shall then render the
spoiled ballot unusable, make ((the)) an appropriate notation on the poll
book or list, and issue the voter a new ballot or ballot card. Spoiled
ballots shall be clearly identified as such, and returned to the county
auditor in a manner which permits the segregation of such ballots from
other ballots. Precinct election officers shall ensure that an adequate
audit trail exists for all spoiled ballots.
[Statutory Authority: 1990 c 59. 92-12-083, 434-53-120, filed 6/2/92,
effective 7/3/92.]
AMENDATORY SECTION (Amending WSR 92-12-083, filed 6/2/92, effective
7/3/92)
WAC 434-53-150 Closing the polls. At the prescribed closing time,
the inspector shall announce aloud that the polls are closed, the doors
to the polling place shall be shut, and no further persons shall be
allowed to enter to vote. All persons within the polling place at the
time ((the)) closing is announced shall be permitted to complete the
process of voting. The doors to the polling place shall remain unlocked
until the election officials depart at the completion of their work, so
that the work of accounting for the ballots and other voting material may
be observed by interested parties.
[Statutory Authority: 1990 c 59. 92-12-083, 434-53-150, filed 6/2/92,
effective 7/3/92.]
AMENDATORY SECTION (Amending WSR 92-12-083, filed 6/2/92, effective
7/3/92)
WAC 434-53-160 Ballot accountability--Form for recording. Precinct
election officials shall maintain accountability for all ballots issued
for each precinct. The county auditor shall provide a ballot
accountability sheet with each ((poll book or)) list of registered voters
for each precinct or combination of precincts, upon which shall be
recorded, at a minimum, the following information:
(1) Identification of the precinct or combination of precincts;
(2) The number of ballots issued;
(3) The number of used ballots which are ((questioned)) special or
challenged;
(4) The number of issued ballots that are spoiled.
At the closing of the polls, the ballots of each category enumerated
in subsections (1) through (4) of this section shall be counted and
recorded on the ballot accountability sheet ((as required by these
rules)). The accountability sheet shall be maintained with the ((poll
book or)) precinct list. The precinct election ((officials)) officers
shall attest to the accuracy of the ballot accountability sheet by each
signing in the spaces provided. The ballot accountability sheet((, along
with)) and the ((poll book or)) 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.
((In addition,)) Whenever anything occurs at a polling place that
the precinct election officers feel may ((assist the auditor in
explaining any discrepancies that may be discovered when the auditor's
office reconciles the various election totals prior to certification))
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: 1990 c 59. 92-12-083, 434-53-160, filed 6/2/92,
effective 7/3/92.]
AMENDATORY SECTION (Amending WSR 92-12-083, filed 6/2/92, effective
7/3/92)
WAC 434-53-170 Audit trail for unused ballots. After the polls
have closed, and before the container holding the voted ballots is
opened, the ((unused)) unvoted ballots shall be rendered unusable. The
unusable ballots shall then be placed in ((a special)) an envelope or
container marked "unused ballots," the envelope or container shall be
sealed, and placed into the ((pouch or)) container provided for the
return of voting materials to the counting center or auditor's office.
The unused ballots must not be placed in the same container as the
regular voted ballots.
[Statutory Authority: 1990 c 59. 92-12-083, 434-53-170, filed 6/2/92,
effective 7/3/92.]
AMENDATORY SECTION (Amending WSR 92-12-083, filed 6/2/92, effective
7/3/92)
WAC 434-53-190 Disposition of irregularly voted ballots. All
((irregularly)) irregular voted ballots, including ((questioned))
special, challenged, and absentee ballots, if any, shall be ((sorted))
separated from the regular voted ballots. The ((questioned)) number of
special and challenged ballots, if any, shall be ((counted and the
number)) recorded on the ballot accountability sheet. The irregularly
voted ballots, each in their own individual sealed and marked envelopes,
shall then be placed in a transfer case or other secure container and the
container sealed ((therein)). The number of irregularly voted ballots
may also be recorded on the outside of the container. The sealed
container shall then be returned to the counting center or auditor's
office.
[Statutory Authority: 1990 c 59. 92-12-083, 434-53-190, filed 6/2/92,
effective 7/3/92.]
AMENDATORY SECTION (Amending WSR 92-12-083, filed 6/2/92, effective
7/3/92)
WAC 434-53-200 Count of voted ballots. After the ((irregularly))
irregular voted ballots have been sorted, counted and secured, the
((other)) regular voted ballots shall be removed from the ballot box and
counted, and the number recorded on the ballot accountability sheet.
County auditors may require additional procedures to permit the
segregation of various types of voted ballots.
[Statutory Authority: 1990 c 59. 92-12-083, 434-53-200, filed 6/2/92,
effective 7/3/92.]
AMENDATORY SECTION (Amending WSR 92-12-083, filed 6/2/92, effective
7/3/92)
WAC 434-53-210 Preparing voted ballots for transfer. After the
ballot accountability sheet is signed, in those counties where ballots
are not tabulated at the polling place, the voted ballots shall be placed
in a transfer container for transfer to the counting center, either
directly or via a ballot collection station. There shall be placed
either inside the container or attached to the outside of the container,
a transmittal sheet which ((as)) at a minimum shall identify the precinct
or precincts represented by the ballots, the number of ballots in the
container, and, if a seal is used, the seal number of the seal to be used
on the container. The inspector and one judge from each political party
shall sign the transmittal sheet attesting to the number of ballots and
the serial number of the seal. The transfer container shall then be
locked and the seal fastened.
[Statutory Authority: 1990 c 59. 92-12-083, 434-53-210, filed 6/2/92,
effective 7/3/92.]
AMENDATORY SECTION (Amending WSR 92-12-083, filed 6/2/92, effective
7/3/92)
WAC 434-53-220 Transfer of ballots prior to closing of the polls.
The county auditor may authorize an early pick up of ballots from
designated polling places prior to the closing of the polls. Where so
authorized, the precinct election officers at the designated polling
places shall remove the voted ballots from the voted ballot ((box or
pouch)) container at ((the)) a time specified ((time)) by the auditor and
count ((them)) the number of ballots. The count shall be entered on the
ballot accountability sheet, a transmittal sheet completed and signed,
and the ballots sealed in a transfer container in the same manner ((as))
used for the closing of the polls. The transmittal sheet may be
((sealed)) placed with the ballots or it may be attached to the outside
of the transfer container. The election officials shall not leave the
polling place. ((A)) Ballot pickup ((team or)) teams, consisting of
representatives of each major political party and appointed by the county
auditor for that purpose, shall be assigned to pick up the transfer
containers for return to the counting center.
[Statutory Authority: 1990 c 59. 92-12-083, 434-53-220, filed 6/2/92,
effective 7/3/92.]
AMENDATORY SECTION (Amending WSR 92-12-083, filed 6/2/92, effective
7/3/92)
WAC 434-53-230 Sealing the ballot pages appearing in voting
devices. In polling places where voting devices are used, the county
auditor shall ensure that adequate procedures are in place to permit the
ballot pages within the voting device to be sealed following the
election. This shall be done in such a way so that the ballot pages
cannot be altered or otherwise tampered with, and in a manner that will
provide an audit trail from ballot to precinct. This may be accomplished
by securing the entire device by means of an external seal, or by
securing and sealing the ballot ((itself)) pages themselves.
If a unique numbered ((wire)) seal is used, a certificate shall be
placed inside the device signed by the precinct election officials
((witnessing)) 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, ((will)) shall be
returned to and retained by the county auditor.
[Statutory Authority: 1990 c 59. 92-12-083, 434-53-230, filed 6/2/92,
effective 7/3/92.]
AMENDATORY SECTION (Amending WSR 92-12-083, filed 6/2/92, effective
7/3/92)
WAC 434-53-270 Counting of ballots after polls close. The counting
and tabulation of ballots after the polls close ((for voting)) shall be
public and may be witnessed by any citizen.
[Statutory Authority: 1990 c 59. 92-12-083, 434-53-270, filed 6/2/92,
effective 7/3/92.]
AMENDATORY SECTION (Amending WSR 92-12-083, filed 6/2/92, effective
7/3/92)
WAC 434-53-280 Paper ballots--Counting and tabulation--Procedure. The procedure for the counting and tabulation of paper ballots at polling places shall be as follows:
(1) The inspector shall carefully examine each ballot and shall read aloud the name of each person receiving a vote and the office for which the vote for that person is cast, and the vote for and against each proposition on the ballot;
(2) The judge, representing the opposite political party of the inspector, shall observe the reading of the votes;
(3) The second judge shall tally the votes, as read, in the vote
tally books provided by ((and to)) the county auditor. These tally books
shall be returned to the county auditor at the election center;
(4) The clerk, if one is assigned, representing the opposite political party of the second judge shall, at the same time, tally the votes, as read, in the tally book provided by the auditor but retained by the inspector;
(5) The inspector and the judge observing the reading of the votes
may rotate their duties from time to time upon agreement.
[Statutory Authority: 1990 c 59. 92-12-083, 434-53-280, filed 6/2/92,
effective 7/3/92.]
AMENDATORY SECTION (Amending WSR 92-12-083, filed 6/2/92, effective
7/3/92)
WAC 434-53-290 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 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: 1990 c 59. 92-12-083, 434-53-290, filed 6/2/92,
effective 7/3/92.]
AMENDATORY SECTION (Amending WSR 92-12-083, filed 6/2/92, effective
7/3/92)
WAC 434-53-300 Paper ballots--Count continuous--When duties
completed. In a paper ballot precinct, the ballot container shall not
be removed from the polls nor shall the counting of the votes be
discontinued until all are counted except as provided in WAC ((434-xx-xxx)) 434-253-260. The duties of the precinct election officers counting
ballots in such precincts shall not be complete until it is determined
that:
(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: 1990 c 59. 92-12-083, 434-53-300, filed 6/2/92,
effective 7/3/92.]
AMENDATORY SECTION (Amending WSR 92-10-038, filed 5/4/92, effective
6/4/92)
WAC 434-61-010 Counting center location--Direction of proceedings.
In counties using voting devices and vote tallying systems where the
ballots are to be processed and/or tabulated at a location other than the
precinct, the county auditor shall designate a location to serve as the
counting center. If that location is other than the courthouse or county
election office, the auditor shall include the location of the counting
center in the published notice of elections. The county auditor shall
be responsible for all counting center functions. Within the counting
center, no person except those authorized by the county auditor may touch
any ballot or ballot container, or operate a vote tallying system. The
auditor shall identify either by roster or identification tag, or both,
those persons so authorized. The vote tallying process shall be open to
the public to the extent that public observation does not interfere with
the proceedings or jeopardize the security of the ballots. The auditor
shall establish local administrative rules pertaining to public observers
including the media and how they may be accommodated and the necessary
limitations thereto. ((A copy of any local administrative rules under
this section shall be filed with the secretary of state.))
[Statutory Authority: RCW 29.04.080 and 29.04.210. 92-10-038, 434-61-010, filed 5/4/92, effective 6/4/92.]
AMENDATORY SECTION (Amending WSR 92-10-038, filed 5/4/92, effective
6/4/92)
WAC 434-61-020 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.
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 and 29.04.210. 92-10-038, 434-61-020, filed 5/4/92, effective 6/4/92.]
AMENDATORY SECTION (Amending WSR 92-10-038, filed 5/4/92, effective
6/4/92)
WAC 434-61-040 Receipt of ballots at the counting center. Immediately upon the receipt of voted ballots in transfer containers from the polling places or collection stations, the seal or lock on each ballot container shall be examined to ensure that it is intact. The precinct name or number, time of receipt, and seal number of each container shall be recorded on a transfer case receipt log, and the log shall be initialled by the persons receiving them.
Upon the breaking of the seal and the opening of the container, ((a
comparison)) the seal number shall be compared with the transmittal sheet
accompanying the container ((shall be made)). ((If no lock or seal
exists, or if a discrepancy is noted between the information recorded on
the transmittal sheet and the seal, the county auditor shall immediately
be notified. The nature of the discrepancy shall be entered on the
receipt log, the container set aside, and the ballots contained therein
not tallied until the discrepancy is resolved. If the container has no
seal or the seal has already been broken, it shall be considered a
discrepancy and handled in the same manner. If the auditor cannot
resolve the discrepancy or arrive at a satisfactory explanation for the
discrepancy, the ballots shall be set aside and referred to the
canvassing board for their consideration as provided by this rule.)) If
no discrepancy exists, a notation shall be made on the ballot receipt log
and the ballots shall be forwarded to the next station in the counting
center process.
((Where a discrepancy does exist and the matter cannot be resolved,
the ballots shall be treated as ballots for which a question of validity
has arisen, and shall be processed as provided for by law or
administrative rule (see chapter 434-62 WAC).)) If no seal exists, or if
a discrepancy is noted between the information recorded on the
transmittal sheet and the seal, the county auditor shall immediately be
notified. The nature of the discrepancy shall be entered on the receipt
log, the container set aside, and the ballots contained therein not
tallied until the discrepancy is resolved. The log shall list the
precinct, the nature of the discrepancy, and the corrective action taken.
If the county auditor cannot resolve the discrepancy or arrive at a
satisfactory explanation for the discrepancy, the ballots shall be
treated as ballots for which a question of validity has arisen, and shall
be set aside and referred to the canvassing board for their consideration
as provided by law or administrative rule (see chapter 434-262 WAC).
[Statutory Authority: RCW 29.04.080 and 29.04.210. 92-10-038, 434-61-040, filed 5/4/92, effective 6/4/92.]
NEW SECTION
WAC 434-61-010 through 434-61-060, as amended, are recodified as a
new chapter, to be designated chapter 434-261 Washington Administrative
Code, and internal references are updated accordingly.
[]
REPEALER
The following section of the Washington Administrative Code is
repealed:
WAC 434-61-050 Handling of transfer container discrepancies.
AMENDATORY SECTION (Amending Order 80-3, filed 10/3/80)
WAC 434-62-030 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 RCW, together with all ((questioned)) 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 ((questioned)) special ballot totals, or legislative
district subtotals if applicable, in the preliminary abstract of votes
prepared pursuant to WAC ((434-62-020)) 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. 80-15-008 (Order 80-3), 434-62-030, filed 10/3/80.]
AMENDATORY SECTION (Amending Order 80-3, filed 10/3/80)
WAC 434-62-040 Verification of auditor's abstract of votes. The
county canvassing board shall examine the auditor's abstract of votes and
shall verify that all of the individual precinct and absentee ballot
totals have been included in the abstract and that the subtotals and
county-wide totals for registered voters and votes cast are an accurate
reflection of the sum of those individual precinct and absentee ballot
totals. ((This verification shall be accomplished, in counties with
fewer than 100,000 registered voters, by directing the county auditor or
his or her representative to add these individual precinct and absentee
ballot totals in the presence of the canvassing board manually or by
using an adding machine. The canvassing board shall then compare the
subtotals and totals produced in this manner against the subtotals and
totals as they appear on the auditor's abstract of votes and verify that
the figures are identical. In counties with more than 100,000 registered
voters the adding machine tapes or manual totals may be produced prior
to the meeting of the canvassing board, but in such counties the
canvassing board shall carefully compare the preproduced subtotals and
totals against the subtotals and totals as they appear on the official
abstract of votes and verify that the two sets of figures are
identical.))
[Statutory Authority: RCW 29.04.080. 80-15-008 (Order 80-3), 434-62-040, filed 10/3/80.]
AMENDATORY SECTION (Amending WSR 91-20-074, filed 9/26/91, effective
10/27/91)
WAC 434-840-350 Canvassing procedure for a ((questioned)) special
ballot of a protected records voter. A ((questioned)) special ballot,
as defined in WAC ((434-40-010)) 434-240-010, of a protected records
voter shall be presented to the canvassing board, meeting in executive
session. The canvassing board shall designate authorized personnel to
verify the contents of the ballot. Authorized personnel shall remove the
protected records voter envelope, prepare the ballot in the ballot
security envelope, and verify the contents of the ballot for tabulation.
The return envelope and the protected records voter envelope shall be
placed in security with all other voting records for the program
participant. The discardable envelopes may be destroyed under statutory
provisions applicable to election materials.
[Statutory Authority: 1991 c 23. 91-20-074, 434-840-350, filed
9/26/91, effective 10/27/91.]
NEW SECTION
WAC 434-228-005 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. 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.
[]
NEW SECTION
WAC 434-240-205 Replacement absentee ballots. The county auditor may issue replacement absentee ballots to a voter who both:
(1) Requested an absentee ballot prior to election day; and
(2) Did not receive the absentee ballot or whose absentee ballot was damaged, lost, or destroyed.
A voter may request an absentee replacement ballot in person, by mail, by telephone, or by other electronic transmission for himself or herself and for any member of his or her immediate family. The request must be received by the auditor prior to 8:00 p.m. on election day.
The county auditor shall maintain a record of each replacement
ballot issued, including the date of the request. Replacement absentee
ballots shall be counted in the final tabulation of ballots, and shall
only be tabulated if the original ballot is not received by the county
auditor and the replacement ballot meets all requirements for tabulation
necessary for the tabulation of regular absentee ballots.
[]
NEW SECTION
WAC 434-240-225 Definitions regarding absentee ballots. For purposes of the counting and canvassing of absentee ballots:
(1) "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: Removal of the security envelope from the return envelope; removal of the ballot from the security envelope; manual inspection for damage, for write-in votes, and for incorrect or incomplete marks; duplication of damaged and write-in ballots; and other preparation of ballots for final processing.
(2) "Final processing" means the reading of ballots by an electronic vote tallying system, but does not include tabulation.
(3) "Tabulation" means the production of returns of votes cast
regarding candidates or measures in a form that can be read by a person,
whether as precinct totals, partial cumulative totals, or final
cumulative totals.
[]
NEW SECTION
WAC 434-261-005 Definitions. (1) "Manual inspection" is the process of inspecting each voter response position on each voted ballot upon 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 copying valid votes from ballots that may not be properly counted by the electronic voting equipment to blank ballots of the same type and style, or as directed by the canvassing board;
(3) "Ballot enhancement" is the process of adding or covering marks
on a 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.
[]
NEW SECTION
WAC 434-261-070 Manual inspection of ballots. Upon breaking the seals and opening the ballot containers from the precincts, all voted ballots shall be manually inspected for damage, write-in votes, incorrect or incomplete marks, and questions of voter intent. 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.
If the manual inspection process detects any ballots which might not be correctly counted by the tabulating equipment, the county may either:
(1) Refer the ballots to the county canvassing board;
(2) Duplicate the ballots if the intent of the voters is clear; or
(3) Enhance the ballots if the intent of the voters is clear and
enhancement can be accomplished without permanently obscuring the
original marks of the voters.
[]
NEW SECTION
WAC 434-261-080 Ballot enhancement. Ballots shall only be enhanced when such enhancement will not permanently obscure the original marks of the voters. Ballots shall be enhanced by teams of two or more people working together. When enhancing ballots, the county shall take the following steps to create and maintain an audit trail of the actions taken with respect to those enhanced ballots:
(1) Each ballot to be enhanced must be assigned a unique control number, with such number being marked on the face of the enhanced ballot;
(2) A log shall be kept of the ballots enhanced and shall include at least the following information:
(a) The control number of each ballot enhanced;
(b) The initials of at least two people who participated in enhancing each ballot; and
(c) The total number of ballots enhanced;
(3) Enhanced ballots and ballots to be enhanced shall be sealed into
secure storage at all times, except when said ballots are in the process
of being enhanced, are being tabulated, or are being inspected by the
canvassing board.
[]
NEW SECTION
WAC 434-261-090 Ballot duplication. A ballot may be duplicated only if the intent of the voter's marks on the ballot is clear and the electronic voting equipment might not otherwise properly tally the ballot to reflect the intent of the voter. Ballots shall be duplicated by teams of two or more people working together. When duplicating ballots, the county auditor shall take the following steps to create and maintain an audit trail of the actions taken with respect to those duplicated ballots and the corresponding duplicate ballots:
(1) Each ballot to be duplicated and the corresponding duplicate ballot must be assigned a unique control number, with such number being marked upon the face of each ballot, the purpose being to insure that each duplicate ballot may be tied back to the original ballot;
(2) A log shall be kept of the ballots duplicated and shall include at least the following information:
(a) The control number of each ballot duplicated and the corresponding duplicate ballot;
(b) The initials of at least two people who participated in the duplication of each ballot; and
(c) The total number of ballots duplicated;
(3) Duplicated ballots and the corresponding duplicate ballots, as
well as ballots requiring duplication shall be sealed into secure storage
at all times, except when said ballots are in the process of being
duplicated, are being tabulated, or are being inspected by the canvassing
board.
[]
NEW SECTION
WAC 434-261-100 Written procedures. Written procedures shall be
established detailing the situations in which ballots may be enhanced or
duplicated. These procedures shall be included as a part of the county
canvassing board manual.
[]
NEW SECTION
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 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 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.
[]
NEW SECTION
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:
open public meeting notice
The canvassing board of (Name of County) County, pursuant to
chapter 29.62 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.
[]
NEW SECTION
WAC 434-262-035 Canvassing board--Absentee ballot signature
verification. The county canvassing board shall examine each absentee
ballot and related material and shall determine whether or not the ballot
is to be counted. The canvassing board may employ local law enforcement
officials or any other persons they deem necessary to assist them in this
effort. In the event the canvassing board determines the absentee ballot
is to be counted, they shall direct the county auditor to do so. In the
event the canvassing board determines that the signature on the absentee
ballot was not made by the voter to whom the ballot was issued or that
the voter has attempted to vote more than once, they shall direct the
auditor to refer all such ballots and related materials to the
prosecuting attorney.
[]
NEW SECTION
WAC 434-262-045 Canvassing mail ballots. Except as otherwise
provided by law or administrative rule, mail ballots shall be canvassed
in the same manner as absentee ballots issued at the request of the
voter. To be counted, such mail ballots must be deposited at a
designated place of return not later than 8:00 p.m. on election day or
postmarked not later than the day of the election. In the event the
postmark is missing or illegible, the county canvassing board may rely
on the date of the oath signed by the voter on the outside of the return
envelope. Any mail ballot may be challenged in the same manner as
absentee ballots are challenged, and the county canvassing board must
determine that the challenged ballot is valid before it may be counted.
[]
NEW SECTION
The following sections of the Washington Administrative Code, as
amended, are recodified as follows:
Old WAC Number New WAC Number
434-09-010 434-209-010
434-09-020 434-209-020
434-09-030 434-209-030
434-09-040 434-209-040
434-09-050 434-209-050
434-09-060 434-209-060
434-09-070 434-209-070
434-09-080 434-209-080
434-09-090 434-209-090
434-24-010 434-324-010
434-24-015 434-324-015
434-24-020 434-324-020
434-24-025 434-324-025
434-24-030 434-324-030
434-24-035 434-324-035
434-24-050 434-324-050
434-24-060 434-324-060
434-24-085 434-324-085
434-24-095 434-324-095
434-24-105 434-324-105
434-24-110 434-324-110
434-24-115 434-324-115
434-24-120 434-324-120
434-24-130 434-324-130
434-24-140 434-324-140
434-24-160 434-324-160
434-28-012 434-228-012
434-28-020 434-228-020
434-28-050 434-228-050
434-28-060 434-228-060
434-30-010 434-230-010
434-30-020 434-230-020
434-30-030 434-230-030
434-30-040 434-230-040
434-30-050 434-230-050
434-30-060 434-230-060
434-30-070 434-230-070
434-30-080 434-230-080
434-30-090 434-230-090
434-30-160 434-230-160
434-30-170 434-230-170
434-30-180 434-230-180
434-30-190 434-230-190
434-30-200 434-230-200
434-30-210 434-230-210
434-34-010 434-334-010
434-34-015 434-334-015
434-34-020 434-334-020
434-34-025 434-334-025
434-34-030 434-334-030
434-34-035 434-334-035
434-34-040 434-334-040
434-34-045 434-334-045
434-34-050 434-334-050
434-34-055 434-334-055
434-34-060 434-334-060
434-34-065 434-334-065
434-34-070 434-334-070
434-34-075 434-334-075
434-34-080 434-334-080
434-34-085 434-334-085
434-34-090 434-334-090
434-34-095 434-334-095
434-34-100 434-334-100
434-34-105 434-334-105
434-34-110 434-334-110
434-34-115 434-334-115
434-36-010 434-236-010
434-36-020 434-236-020
434-36-030 434-236-030
434-36-040 434-236-040
434-36-050 434-236-050
434-36-060 434-236-060
434-36-070 434-236-070
434-36-080 434-236-080
434-36-090 434-236-090
434-36-100 434-236-100
434-36-110 434-236-110
434-36-120 434-236-120
434-36-140 434-236-140
434-36-160 434-236-160
434-36-170 434-236-170
434-36-180 434-236-180
434-36-200 434-236-200
434-36-210 434-236-210
434-40-005 434-240-005
434-40-010 434-240-010
434-40-020 434-240-020
434-40-025 434-240-025
434-40-030 434-240-030
434-40-040 434-240-040
434-40-050 434-240-050
434-40-060 434-240-060
434-40-090 434-240-090
434-40-100 434-240-100
434-40-110 434-240-110
434-40-120 434-240-120
434-40-130 434-240-130
434-40-150 434-240-150
434-40-160 434-240-160
434-40-180 434-240-180
434-40-190 434-240-190
434-40-200 434-240-200
434-40-230 434-240-230
434-40-240 434-240-240
434-40-250 434-240-250
434-40-260 434-240-260
434-40-270 434-240-270
434-40-290 434-240-290
434-40-300 434-240-300
434-53-010 434-253-010
434-53-020 434-253-020
434-53-030 434-253-030
434-53-040 434-253-040
434-53-050 434-253-050
434-53-060 434-253-060
434-53-070 434-253-070
434-53-080 434-253-080
434-53-090 434-253-090
434-53-100 434-253-100
434-53-110 434-253-110
434-53-120 434-253-120
434-53-130 434-253-130
434-53-140 434-253-140
434-53-150 434-253-150
434-53-160 434-253-160
434-53-170 434-253-170
434-53-180 434-253-180
434-53-190 434-253-190
434-53-200 434-253-200
434-53-210 434-253-210
434-53-220 434-253-220
434-53-230 434-253-230
443-53-240 434-253-240
434-53-250 434-253-250
434-53-260 434-253-260
434-53-270 434-253-270
434-53-280 434-253-280
434-53-290 434-253-290
434-53-300 434-253-300
434-53-310 434-253-310
434-53-320 434-253-320
434-61-010 434-261-010
434-61-020 434-261-020
434-61-030 434-261-030
434-61-040 434-261-040
434-61-060 434-261-060
434-62-005 434-262-005
434-62-010 434-262-010
434-62-020 434-262-020
434-62-030 434-262-030
434-62-040 434-262-040
434-62-050 434-262-050
434-62-060 434-262-060
434-62-070 434-262-070
434-62-080 434-262-080
434-62-090 434-262-090
434-62-100 434-262-100
434-62-110 434-262-110
434-62-120 434-262-120
434-62-130 434-262-130
434-62-140 434-262-140
434-62-150 434-262-150
434-62-160 434-262-160
434-62-170 434-262-170
434-62-180 434-262-180
434-62-190 434-262-190
434-62-200 434-262-200
434-79-010 434-379-010
[]