WSR 99-08-089

PERMANENT RULES

SECRETARY OF STATE


[ Filed April 6, 1999, 3:40 p.m. ]

Date of Adoption: April 6, 1999.

Purpose: To standardize procedures state-wide for optical scan and absentee ballots and to remove the requirements for inactive voter cancellation notices.

Citation of Existing Rules Affected by this Order: Repealing WAC 434-324-105; and amending WAC 434-261-005, 434-261-080, and 434-240-205.

Statutory Authority for Adoption: RCW 29.04.080, 29.04.210.

Adopted under notice filed as WSR 99-05-054 on February 12, 1999.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 3, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 3, Repealed 1.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 3, Repealed 1; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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.

April 6, 1999

Donald F. Whiting

Assistant Secretary of State

OTS-2467.1


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

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 or the original absentee ballot, whichever is received first, 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)). If the auditor receives additional ballot(s) from a voter, the additional ballot(s) shall not be counted and shall be forwarded to the county canvassing board.

[Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200.  97-21-045, 434-240-205, filed 10/13/97, effective 11/13/97.]

OTS-2468.1


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

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)) an optical scan ballot to ensure that the electronic voting equipment will tally the votes on the ballot in the manner intended by the voter, or as directed by the canvassing board.

[Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200.  97-21-045, 434-261-005, filed 10/13/97, effective 11/13/97.]


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

WAC 434-261-080
Ballot enhancement--Optical scan systems.

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.

[Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200.  97-21-045, 434-261-080, filed 10/13/97, effective 11/13/97.]

OTS-3031.1


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 434-324-105Notification of cancellation.

Washington State Code Reviser's Office