CERTIFICATION OF ENROLLMENT

 

                   SUBSTITUTE HOUSE BILL 1233

 

 

                   Chapter 139, Laws of 1995

 

 

 

 

                        54th Legislature

                      1995 Regular Session

 

 

                    COUNTY CANVASSING BOARDS

 

 

                    EFFECTIVE DATE:  7/23/95

Passed by the House March 7, 1995

  Yeas 96   Nays 0

 

 

 

CLYDE BALLARD

 

Speaker of the

      House of Representatives

 

Passed by the Senate April 10, 1995

  Yeas 45   Nays 0

             CERTIFICATE

 

I, Timothy A. Martin, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is SUBSTITUTE HOUSE BILL 1233 as passed by the House of Representatives and the Senate on the dates hereon set forth.

 

 

 

JOEL PRITCHARD

 

President of the Senate

TIMOTHY A. MARTIN

 

                          Chief Clerk

 

 

Approved April 27, 1995 Place Style On Codes above, and Style Off Codes below.

                                FILED          

 

 

           April 27, 1995 - 1:06 p.m.

 

 

 

    MIKE LOWRY

Governor of the State of Washington

                   Secretary of State

                  State of Washington


          _______________________________________________

 

                    SUBSTITUTE HOUSE BILL 1233

          _______________________________________________

 

             Passed Legislature - 1995 Regular Session

 

State of Washington      54th Legislature     1995 Regular Session

 

By House Committee on Government Operations (originally sponsored by Representatives L. Thomas, R. Fisher and Wolfe; by request of Secretary of State)

 

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.


    Passed the House March 7, 1995.

    Passed the Senate April 10, 1995.

Approved by the Governor April 27, 1995.

    Filed in Office of Secretary of State April 27, 1995.