FINAL BILL REPORT

                     SHB 2319

PARTIAL VETO

                                 C 163 L 92

Brief Description:  Improving election administration.

By House Committee on State Government (originally sponsored by Representatives McLean, Anderson, R. Fisher, Chandler, Winsley, J. Kohl, Bowman and Pruitt).

House Committee on State Government

House Committee on Appropriations

Senate Committee on Governmental Operations

Senate Committee on Ways & Means

Background:  The state's chief elections officer is the secretary of state.  The secretary may adopt rules under a variety of election laws to facilitate and implement those laws.  That authority will be broadened considerably on July 1, 1992, when legislation regarding filing for office, ballot displays, ballot equipment and other election procedures becomes effective.

Federal, state, and most local elections are conducted in this state by the county auditors.

Summary: Election Board:  An Election Administration and Certification Board is created.  It is composed of:  the secretary of state; the state's director of elections; four county auditors appointed by the state's Association of County Auditors; four legislators, one from each of the four principal caucuses of the Legislature; and one representative of each major political party.

The board must elect a chair from its members; however, the secretary and the director cannot serve as chair.  The members of the board serve without compensation.  Nonlegislative members are to be reimbursed by the secretary for travel expenses; legislative members are to be reimbursed as provided by laws governing the Legislature.   Staffing and support services are to be provided to the board by the secretary of state.

Joint Rules:  The board and the secretary of state must jointly adopt rules governing:  (1) the training of political party observers and the training and certification of election administrators and personnel; (2) policies and procedures for conducting reviews of election-related policies, procedures, and practices in counties; and (3)  policies to be used by the board in considering appeals of findings and recommendations resulting from a review conducted in a county.  Initial policies for considering appeals must be adopted at the same time that initial policies for conducting election reviews are adopted.

Election Training:  Each person, other than a precinct election officer, having responsibility for the administration and conduct of elections must receive general training regarding elections and specific training regarding the person's duties.  This training must be secured within 18 months of undertaking those responsibilities or within 18 months of the effective date of this requirement, whichever is later.  Among the persons expressly required to receive training are state election personnel, county assistant or deputy election personnel, canvassing board members, and political party observers.  Other persons may be added to this list by the secretary of state by rule.

The secretary of state must establish and administer a training program for political party observers and a training and certification program for all other election officials and personnel.  The program for state and county election officials and personnel is to include testing and the issuance of certificates to those completing the training and passing the tests.  The training and certification requirements are not conditions for seeking or holding elective office or for carrying out constitutional duties.  The secretary must reimburse political party observers for travel expenses incurred in receiving their training.

Election Reviews:  Reviews of election-related policies, procedures, and practices in a county must be conducted if the unofficial returns of a primary or general election indicate that a mandatory recount is likely for a state legislative position or a federal office or in a statewide election.  Reviews are also to be conducted periodically in a county after a primary or election at the direction of the secretary or at the county auditor's request.

These post-primary or post-election reviews are conducted by the staff of an election review section in the elections division of the Office of the Secretary of State and must be conducted in conformity with the rules adopted for such reviews by the board and the secretary.  The staff must issue the county's auditor and canvassing board a report of its findings and recommendations.  Such a review may not include an evaluation, finding, or recommendation regarding the validity of any canvass of returns or of the outcome of a primary or election.

Each county must be reviewed at least once every four years.  Notice that a post-primary or post-election review is to be conducted must be provided to the county auditor and the chair of each major political party's state central committee.

Appeals:  The county auditor or a member of the canvassing board of the county in which a post-primary or post-election review has been conducted may file an appeal with the Election Administration and Certification Board regarding the findings or recommendations of the election review staff.  The board's decision in an appeal must be supported by not less than a majority of the members appointed to the board and is final.  A decision by the secretary to deny training certification is appealable to the board and subsequently to superior court.

Election Assistance and Clearinghouse:  The secretary must establish an election assistance and clearinghouse program to provide regular communication with local election officials and political parties.  The program will include information about newly enacted election legislation and relevant judicial decisions and opinions of the attorney general.  The program must also respond to inquiries from election administrators, political parties, and others regarding election information.

Other:  Certain actions to be performed by county and state election officials and personnel during a review are specified.  A Division of Elections is expressly created within the Office of the Secretary of State.  The division is headed by the director of elections who is appointed by and serves at the pleasure of the secretary.  An election review section is created within the division.  County auditors are expressly granted authority to appoint election assistants and deputies.  The minimum qualifications of such personnel are specified.

Effect Contingent on Funding:  The provisions of the bill requiring a training and certification program, creating the election review section within the Office of the Secretary of State, requiring post-election reviews of county election offices, establishing the assistance and clearinghouse program, and authorizing county election assistants and deputies and establishing their qualifications take effect only if funding specifically for these provisions is provided in the 1993 Omnibus Budget Act.

Votes on Final Passage:

House 94    0

Senate   44    0    (Senate amended)

House 96    0    (House concurred)

Effective:     June 11, 1992     (Sections 1 - 4)

               July 1, 1993         (Sections 5 - 13)

Partial Veto Summary:  The governor vetoed the provisions which made parts of the act effective only if funded by the 1993 Omnibus Budget Act.