Brief Description: Revising provisions for counting votes on ballots for write-in candidates.

Sponsors: Representatives Hunter, Armstrong, Nixon, Tom, Hunt, Jarrett, Haigh, Ruderman, Clibborn, Upthegrove and Moeller.

Hearing Date: 1/23/04

Staff: Marsha Reilly (786-7135).

Background:

Washington state laws allow for write-in voting. An eligible person must file a declaration of candidacy as a declared write-in candidate no later than the day before the primary or general election. Voters may cast a write-in vote for a declared write-in candidate by specifying the name of the candidate in the appropriate location on the ballot. Voters may also cast a write-in vote for a candidate who has not filed a declaration of candidacy. In that instance, the voter must identify the office sought and position number or political party if the manner in which the write-in is done is not clear. In jurisdictions that use optical-scan voting systems, the voter must identify the write-in candidate and complete the proper mark next to the write-in line for that office in order for the vote to be counted.

The number of write-in votes cast for each office must be recorded and reported with the canvas of the election. In the case of offices where the district encompasses more than a single county, write-in votes for an individual candidate must be tallied if the Secretary of State, or another auditor in multi-county districts, notifies the county auditor that it appears the write-in votes could alter the outcome of the primary or general election.

In the case of offices where the district encompasses more than a single county, the auditor must tally the write-in votes cast for an office if the total number of write-in votes cast for that office is greater than the number of votes cast for a candidate apparently nominated or elected, and the auditor must notify the Secretary of State and other county auditors that the write-in votes should be tallied.

The November 2003 election of a Medina City Council position resulted in a lawsuit brought about by the American Civil Liberties Union of Washington. The lawsuit challenged a ruling by King County officials that disqualified 29 disputed ballots for a write-in candidate because the adjacent oval was not filled in. The disqualified votes, if counted, would have resulted in the write-in candidate winning the election.

The Superior Court of King County ruled in favor of the plaintiff and ordered the canvassing board and county auditor to count the disputed ballots. unconstitutional???

Summary of Bill:

The provision is removed that requires the corresponding oval to be filled in next to the write-in candidate's line on optical scan systems in order for the vote to be counted.

Write-in votes for an individual candidate do not need to be tallied if the total number of write-in votes and under votes recorded by the vote tabulation system is not greater than the number of votes cast for the apparent winner.

Write-in votes for a candidate for statewide office or a jurisdiction that encompasses more than one county must be counted if the total number of write-in votes and under-votes recorded by the vote tabulation system is greater than the number of votes cast for the apparent winner.

Appropriation: None.

Fiscal Note: Not requested.

Effective Date: The bill takes effect on July 1, 2004.