Z-0767

AN ACT Relating to election administration; adding new sections to chapter 29.04 RCW; adding a new section to chapter 36.22 RCW; adding new sections to chapter 43.07 RCW; and providing effective dates.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. A new section is added to chapter 43.07 RCW to read as follows:

In the office of the secretary of state there shall be a division to be known as the division of elections, the principal officer of which shall be the secretary of state. The secretary shall appoint an assistant to be known as the director of elections, subject to the supervision and control of the secretary of state.

NEW SECTION. Sec. 2. A new section is added to chapter 43.07 RCW to read as follows:

The secretary of state, through the division of elections, is responsible for the following duties, as prescribed by Title 29 RCW:

(1) The filing, verification of signatures, and certification of state initiative, referendum, and recall petitions;

(2) The production and distribution of a voters' and candidates' pamphlet;

(3) The examination, testing, and certification of voting equipment, voting devices, and vote-tallying systems;

(4) The administration, canvassing, and certification of the presidential primary, state primaries, and state general elections;

(5) The administration of motor voter and other voter registration and voter outreach programs;

(6) The training, testing, and certification of state and local election personnel and political party observers;

(7) The conduct of postelection audits;

(8) Any other duties that may be prescribed by the state legislature.

NEW SECTION. Sec. 3. The Washington state election administration training advisory committee is established to advise the secretary of state in carrying out his or her responsibilities under sections 4 and 5 of this act.

The committee consists of the following members:

(1) One county auditor or elections deputy appointed by the Washington state association of county auditors from each of the following groups of counties:

(a) Class AA and A;

(b) First and second class;

(d) Fifth through eighth class; and

(2) One representative from each major political party.

NEW SECTION. Sec. 4. The secretary of state shall:

(1) Establish and operate, or contract with other qualified organizations for the operation of, training and education programs for state and county elections administration personnel;

(2) Issue certificates of completion to those who successfully finish the training and education program established under subsection (1) of this section; and

(3) Maintain a record of all those who have received training and those who have been certified as election administrators.

NEW SECTION. Sec. 5. Any person having responsibility for the administration and conduct of elections, other than precinct election officers, shall, within twelve months of undertaking those responsibilities, receive general training regarding the conduct of elections and specific training regarding their responsibilities and duties as prescribed by Title 29 RCW and Title 434 of the Washington Administrative Code. Included among those persons for whom such training is mandatory are the following:

(1) Secretary of state elections personnel;

(2) Each county auditor and at least one person employed as a deputy or assistant to the auditor;

(3) County canvassing board members or their designated representatives;

(4) Persons officially designated by each major political party as election observers;

(5) Any other person or group provided for by rule adopted by the secretary of state.

The secretary of state shall design and administer a test for each person who has received the training. The secretary of state shall evaluate the result of that test. Persons who complete the training program and who, through the testing process, demonstrate an understanding of election procedures relevant to their role in the process shall be issued a certification attesting to that fact by the secretary of state.

NEW SECTION. Sec. 6. An election audit section is established in the elections division of the office of the secretary of state. Permanent staff of the elections division hired for that purpose shall perform the election audit function. The audit staff may also be required to assist in the training and certification of county election administrators and to perform other duties as may be assigned by the secretary of state to ensure the uniform and orderly conduct of elections in this state.

NEW SECTION. Sec. 7. The election audit staff shall conduct a thorough audit of each county's election procedures whenever the unofficial returns of a primary or general election for a legislative race indicate that a mandatory recount is likely for that race. Whenever unofficial returns indicate a mandatory recount is likely in a state-wide election or an election for federal office, the election audit staff shall conduct an audit of as many selected counties as time and staff permit.

NEW SECTION. Sec. 8. The election audit staff shall, in addition to the audits required by section 7 of this act, periodically audit county election procedures after special elections, primaries, and general elections. Whenever possible, the staff shall conduct these audits in counties where a mandatory recount is likely for county-wide offices. The staff shall provide the result of each audit conducted under this section and section 7 of this act to the county canvassing board of the audited county and shall file it with the secretary of state. The secretary of state shall ensure that every county is audited at least once every four years. The reports of the audits are public records, and the secretary of state shall make them available for inspection and copying as provided by law.

NEW SECTION. Sec. 9. Each county auditor and canvassing board shall cooperate fully during an election audit by making available to the auditing staff any material requested by the staff during the audit. Included in this material shall be full access to ballots, absentee voting materials, and any other election material normally kept in a secure environment after the election. During the audit and after its completion, the audit staff may make any recommendations they deem appropriate to the county auditor and the county canvassing board. The secretary of state may direct the county auditor and the county canvassing board to follow procedures that, in the opinion of the audit staff, are necessary to either safeguard the security of election material or to preserve the integrity of the election process.

NEW SECTION. Sec. 10. The secretary of state shall establish within the elections division an election assistance and clearinghouse program, which shall provide regular communication between the secretary of state and local election officials regarding newly enacted election legislation, relevant judicial decisions affecting the administration of elections, and applicable attorney general opinions, and which shall respond to inquiries from election administrators and others regarding election information. Nothing in this section empowers the secretary of state to offer legal advice or opinions, but the secretary may discuss the construction or interpretation of election law, case law, or legal opinions from the attorney general or other competent legal authority.

NEW SECTION. Sec. 11. The secretary of state shall adopt rules consistent with this chapter to facilitate its implementation and operation.

NEW SECTION. Sec. 12. A new section is added to chapter 36.22 RCW to read as follows:

Within twelve months of assuming office a county auditor must be certified by the secretary of state under section 4 of this act.

NEW SECTION. Sec. 13. Sections 3 through 11 of this act shall be added to chapter 29.04 RCW.

NEW SECTION. Sec. 14. (1) Section 5 of this act shall take effect June 1, 1994. The secretary of state may take whatever administrative steps are necessary to ensure that the section is implemented on its effective date.

(2) Sections 6 through 9 of this act take effect July 1, 1992.