WSR 08-05-036

EMERGENCY RULES

SECRETARY OF STATE


[ Filed February 13, 2008, 8:56 a.m. , effective February 13, 2008, 8:56 a.m. ]


Effective Date of Rule: Immediately.

Purpose: To provide consistency in the administration of the 2008 presidential primary.

Citation of Existing Rules Affected by this Order: Amending WAC 434-219-210, 434-219-240, and 434-219-250.

Statutory Authority for Adoption: RCW 29A.04.611, 29A.56.050.

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: The 2008 presidential primary is scheduled in one week. The adoption of these emergency amendments are necessary to ensure the proper administration of the primary.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 3, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 3, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 3, Repealed 0.

Date Adopted: February 13, 2008.

Steve Excell

Assistant Secretary of State


AMENDATORY SECTION(Amending WSR 07-24-044, filed 11/30/07)

WAC 434-219-210   Issuing polling place ballots.   (1) Polling place voters who make a political party declaration shall be issued either that party's separate ballot or a consolidated ballot ((marked to match the party declaration)).

(2) Polling place voters who do not make a political party declaration shall be presented either a separate nonpartisan ballot, or a consolidated ballot ((that is marked to indicate no party affiliation)).

(3) Precinct election officers shall verbally remind voters how to properly vote the ballot consistent with the party declaration made.

(4) Following the election, a notation of political party must be made in the voter registration files of those polling place voters who made a political party declaration.

[Statutory Authority: RCW 29A.04.611. 07-24-044, 434-219-210, filed 11/30/07, effective 12/31/07. Statutory Authority: RCW 29.19.070. 03-23-093, 434-219-210, filed 11/17/03, effective 12/18/03; 00-03-003, 434-219-210, filed 1/6/00, effective 2/6/00; 96-03-141, recodified as 434-219-210, filed 1/24/96, effective 2/24/96; 91-18-012, 434-75-210, filed 8/26/91, effective 9/26/91.]


AMENDATORY SECTION(Amending WSR 07-24-044, filed 11/30/07)

WAC 434-210-240   Canvassing consolidated ballots that include a party checkbox.   If a county auditor issues consolidated ballots that include a party checkbox on the ballot, the following canvassing protocols must be followed for mail and absentee ballots:

(1) If a voter:

(a) Signs a party declaration on the return envelope;

(b) Checks the party box on the consolidated ballot for the same party declared on the return envelope; and

(c) Votes for candidates of the same party declared on the return envelope, the votes shall be counted.

(2) If a voter:

(a) Signs a party declaration on the return envelope;

(b) Checks the party box on the consolidated ballot for the same party declared on the return envelope; and

(c) Votes for candidates of a different party than declared on the return envelope, the partisan votes shall not be counted.

(3) If a voter:

(a) Signs a party declaration on the return envelope;

(b) Checks the party box on the consolidated ballot for a different party than declared on the return envelope; and

(c) Votes for candidates of the same party declared on the return envelope, the votes shall be counted.

(4) If a voter:

(a) Signs a party declaration on the return envelope;

(b) Checks a party box on the consolidated ballot for a different party than declared on the return envelope; and

(c) Votes for candidates of a different party than declared on the return envelope, the partisan votes shall not be counted.

(5) If a voter:

(a) Signs a party declaration on the return envelope;

(b) Fails to check a party box on the consolidated ballot; and

(c) Votes for candidates of the same party declared on the return envelope, the votes shall be counted.

(6) If a voter:

(a) Signs a party declaration on the return envelope;

(b) Fails to check a party box on the consolidated ballot; and

(c) Votes for candidates of a different party than declared on the return envelope, the partisan votes shall not be counted.

(7) If a voter:

(a) Signs a party declaration on the return envelope;

(b) Checks more than one party box on the consolidated ballot; and

(c) Votes for candidates of the same party declared on the return envelope, the votes shall be counted.

(8) If a voter:

(a) Signs a party declaration on the return envelope;

(b) Checks more than one party box on the consolidated ballot; and

(c) Votes for candidates of a different party than declared on the return envelope, the partisan votes shall not be counted.

(9) If a voter:

(a) Signs a party declaration on the return envelope;

(b) Checks the party box on the consolidated ballot for the same party declared on the return envelope; and

(c) Votes for candidates of more than one party, the partisan votes shall not be counted.

(10) If a voter:

(a) Signs a party declaration on the return envelope;

(b) Checks the party box on the consolidated ballot for a different party than declared on the return envelope; and

(c) Votes for candidates of more than one party, the partisan votes shall not be counted.

(11) If a voter:

(a) Signs a party declaration on the return envelope;

(b) Fails to check a party box on the consolidated ballot; and

(c) Votes for candidates of more than one party, the partisan votes shall not be counted.

(12) If a voter:

(a) Signs a party declaration on the return envelope;

(b) Checks more than one party box on the consolidated ballot; and

(c) Votes for candidates of more than one party, the partisan votes shall not be counted.

(13) If a voter signs a party declaration on the return envelope for more than one party, the partisan votes shall not be counted.

(14) If a voter fails to sign a party declaration on the return envelope, the partisan votes shall not be counted.

[Statutory Authority: RCW 29A.04.611. 07-24-044, 434-219-240, filed 11/30/07, effective 12/31/07. Statutory Authority: RCW 29.19.070. 00-03-003, 434-219-240, filed 1/6/00, effective 2/6/00; 96-03-141, recodified as 434-219-240, filed 1/24/96, effective 2/24/96; 92-08-032, 434-75-240, filed 3/24/92, effective 4/1/92; 91-18-012, 434-75-240, filed 8/26/91, effective 9/26/91.]

Reviser's note: The above section, filed by the agency as an amendment of WAC 434-210-240 , appears to be an amendment of WAC 434-219-240, there being no WAC 434-210-240 in existence. Pursuant to RCW 34.08.040, the section is published in the same form as filed by the agency.
AMENDATORY SECTION(Amending WSR 07-24-044, filed 11/30/07)

WAC 434-219-250   Canvassing separate party ballots and consolidated ballots that do not include a party checkbox.   If a county auditor issues either separate party ballots or consolidated ballots that do not include a party checkbox on the ballot, the following canvassing protocols must be followed for mail and absentee ballots:

(1) If a voter:

(a) Signs a party declaration on the return envelope; and

(b) Votes for candidates of the same party declared on the return envelope, the votes shall be counted.

(2) If a voter:

(a) Signs a party declaration on the return envelope; and

(b) Votes for candidates of a different party than declared on the return envelope, the partisan votes shall not be counted.

(3) If a voter:

(a) Signs a party declaration on the return envelope; and

(b) Votes for candidates of more than one party, the partisan votes shall not be counted.

(4) If a voter signs a party declaration on the return envelope for more than one party, the partisan votes shall not be counted.

(5) If a voter fails to sign a party declaration on the return envelope, the partisan votes shall not be counted.

[Statutory Authority: RCW 29A.04.611. 07-24-044, 434-219-250, filed 11/30/07, effective 12/31/07. Statutory Authority: RCW 29.19.070. 03-23-093, 434-219-250, filed 11/17/03, effective 12/18/03; 00-03-003, 434-219-250, filed 1/6/00, effective 2/6/00; 96-03-141, recodified as 434-219-250, filed 1/24/96, effective 2/24/96; 92-08-032, 434-75-250, filed 3/24/92, effective 4/1/92; 91-18-012, 434-75-250, filed 8/26/91, effective 9/26/91.]

Washington State Code Reviser's Office