_______________________________________________
SUBSTITUTE
HOUSE BILL 1233
_______________________________________________
Passed
Legislature - 1995 Regular Session
State of Washington 54th
Legislature 1995 Regular Session
By
Read first time 02/06/95.
Avoiding conflicts
of interest on election canvassing boards.
AN ACT
Relating to canvassing of election returns; amending RCW 29.62.020 and
29.62.030; adding a new section to chapter 29.62 RCW; and repealing RCW 29.62.140.
BE IT ENACTED BY THE LEGISLATURE
OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. A new
section is added to chapter 29.62 RCW to read as follows:
(1)
The county canvassing board consists of three members, designated in writing
and filed in the office of the county auditor not later than the day before the
first day duties are to be undertaken by the board, as follows:
(a)
The county auditor shall designate one member, who shall be the auditor or a
deputy auditor;
(b)
The county prosecutor shall designate one member, who shall be the prosecutor
or a deputy prosecutor; and
(c)
The chair of the county legislative authority shall designate one member, who
shall be a member of the county legislative authority.
(2) The
members designated to the county canvassing board may not include individuals
who are candidates for an office to be voted upon at the primary or election to
be canvassed, unless no other individuals qualify under subsection (1) of this
section.
(3) The
county canvassing board may, under rules adopted by the secretary of state,
delegate in writing, or at a public meeting, the performance of any task
assigned by law to the board. The rules shall not authorize delegation of the
responsibility of certifying the returns of a primary or election, of
determining the validity of challenged ballots, or of determining the validity
of special ballots referred to them by the county auditor.
(4)
Meetings of the county canvassing board are public meetings under chapter 42.30
RCW.
Sec.
2. RCW
29.62.020 and 1987 c 54 s 2 are each amended to read as follows:
(1)
No later than the tenth day after a special election or primary and no later
than the fifteenth day after a general election, the county auditor shall
convene the county canvassing board to process the absentee ballots and canvass
the votes cast at that primary or election. On the tenth day after a special
election or a primary and on the fifteenth day after a general election, the
canvassing board shall complete the canvass and certify the results. ((All
properly and timely voted absentee ballots which have been)) Each
absentee ballot that was returned before the closing of the polls on the date
of the primary or election for which it was issued, and each absentee ballot
with a date of mailing on or before the date of the primary or election for
which it was issued and received on or before the date on which the primary
or election is certified, shall be included in the canvass report.
((Meetings of the county canvassing board are public meetings under chapter
42.30 RCW. The county canvassing board shall consist of the county auditor,
the chairman of the county legislative authority, and the prosecuting attorney
or designated representatives of those officials.))
(2)
At the request of any caucus of the state legislature, the county auditor shall
transmit copies of all unofficial returns of state and legislative primaries or
elections prepared by or for the county canvassing board to either the
secretary of the senate or the chief clerk of the house.
Sec.
3. RCW
29.62.030 and 1965 c 9 s 29.62.030 are each amended to read as follows:
If the
primary or election is one at which ((the county auditor)) a member,
or the officer designating a member, of the canvassing board is ((to be
nominated or elected, canvass of the returns)) a candidate for an
office, decisions regarding the determination of a voter's intent with respect
to a vote cast for that specific office shall be made by the other
two members of the board((;)) not designated by that officer. If
the two disagree, the ((returns for that office shall be canvassed by the
presiding judge of the superior court of the county)) vote shall not be
counted unless the number of those votes could affect the result of the primary
or election, in which case the secretary of state or a designee shall make the
decision on those votes. This section does not restrict participation in
decisions as to the acceptance or rejection of entire ballots, unless the
office in question is the only one for which the voter cast a vote.
NEW SECTION. Sec. 4. RCW
29.62.140 and 1965 c 9 s 29.62.140 are each repealed.
