Z-0693.1  _______________________________________________

                         SENATE BILL 5273

          _______________________________________________

State of Washington      54th Legislature     1995 Regular Session

By Senators Hale, Haugen, Winsley and Franklin; by request of Secretary of State

Read first time 01/18/95.  Referred to Committee on Government Operations.

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; and adding a new section to chapter 29.62 RCW.

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 received on or before the date on which the primary or election is certified shall be included in the canvass.  ((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 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.

                            --- END ---