SB 5744 -
By Senator Mulliken
NOT ADOPTED 03/04/2005
On page 1, after line 3, insert the following:
"NEW SECTION. Sec. 1 The uniform application of election laws,
rules, and procedures is of the paramount importance to the citizens of
this state. It is the intent of the legislature to make all voting
precincts in each county have the same population, as nearly as is
practical. This act therefore applies to all counties, including
without limitation counties operating under a home rule charter.
Sec. 2 RCW 29A.16.040 and 2004 c 266 s 10 are each amended to
read as follows:
The county legislative authority of each county in the state
((hereafter formed)) shall((, at their first session,)) divide their
respective counties into election precincts and establish the
boundaries of the precincts. Within each county, all precincts must
have the same number of active registered voters, as nearly as is
practical. The county auditor shall thereupon designate the voting
place for each such precinct or whether the precinct is a vote by mail
precinct.
(1) Precinct boundaries may be altered at any time as long as
sufficient time exists prior to a given election for the necessary
procedural steps to be honored. Except as permitted under subsection
(((5))) (3) of this section, no precinct boundaries may be changed
during the period starting on the thirtieth day prior to the first day
for candidates to file for the primary election and ending with the day
of the general election.
(2) The county legislative authority may establish by ordinance a
limitation on the maximum number of active registered voters in each
precinct within its jurisdiction. ((The limitation may be different
for precincts based upon the method of voting used for such precincts
and the number may be less than the number established by law, but in
no case may the number exceed that authorized by law.)) (3) The county auditor shall temporarily adjust precinct
boundaries when a city or town annexes unincorporated territory to the
city or town, or whenever unincorporated territory is incorporated as
a city or town. The adjustment must be made as soon as possible after
the approval of the annexation or incorporation. The temporary
adjustment must be limited to the minimum changes necessary to
accommodate the addition of the territory to the city or town, or to
establish the eligible voters within the boundaries of the new city or
town, and remains in effect only until precinct boundary modifications
reflecting the annexation or incorporation are adopted by the county
legislative authority.
(3) Precincts in which voting machines or electronic voting devices
are used may contain as many as nine hundred active registered voters.
The number of poll-site ballot counting devices at each polling place
is at the discretion of the auditor. The number of devices must be
adequate to meet the expected voter turnout.
(4) On petition of twenty-five or more voters resident more than
ten miles from any polling site, the county legislative authority shall
establish a separate voting precinct therefor.
(5)
(((6))) (4) In determining the number of active registered voters
for the purposes of this section, persons who are ongoing absentee
voters under RCW 29A.40.040 shall not be counted. Nothing in this
subsection may be construed as altering the vote tallying requirements
of RCW 29A.60.230.
Sec. 3 RCW 29A.16.050 and 2003 c 111 s 405 are each amended to
read as follows:
(1) Every voting precinct must be wholly within a single
congressional district, a single legislative district, a single
district of a county legislative authority, and, if applicable, a
single city.
(2) Every voting precinct shall be composed, as nearly as
practicable, of contiguous and compact areas.
(3) Except as provided in this subsection, changes to the
boundaries of any precinct shall follow visible, physical features
delineated on the most current maps provided by the United States
census bureau. A change need not follow such visible, physical
features if (a) it is necessitated by an annexation or incorporation
and the proposed precinct boundary is identical to an exterior boundary
of the annexed or incorporated area which does not follow a visible,
physical feature; ((or)) (b) doing so would substantially impair
election administration in the involved area; or (c) doing so would
result in an unequal number of active registered voters among the
various precincts of that county.
(4) After a change to precinct boundaries is adopted by the county
legislative authority, if the change does not follow visible physical
features, the county auditor shall send to the secretary of state an
electronic or paper copy of the description, a map or maps of the
changes, and a statement of the applicable exception under subsection
(3) of this section. For boundary changes made pursuant to subsection
(3)(b) of this section, the auditor shall include a statement of the
reasons why following visible, physical features would have
substantially impaired election administration.
(5) Every voting precinct within each county shall be designated by
number for the purpose of preparation of maps and the tabulation of
population for apportionment purposes. These precincts may be
identified with names or other numbers for other election purposes.
(6) After a change to precinct boundaries in a city or town, the
county auditor shall send one copy of the map or maps delineating the
new precinct boundaries within that city or town to the city or town
clerk.
(7) Precinct maps are public records and shall be available for
inspection by the public during normal office hours in the offices
where they are kept. Copies shall be made available to the public for
a fee necessary to cover the cost of reproduction.
Sec. 4 RCW 29A.16.060 and 2003 c 111 s 406 are each amended to
read as follows:
((At any special election or primary, the county auditor may
combine, unite, or divide precincts and may combine or unite election
boards for the purpose of holding such election.)) At any general
election, the county auditor may combine or unite election boards for
the purpose of holding such election, but shall report all election
returns by individual precinct."
Renumber the section following consecutively.
SB 5744 -
By Senator Mulliken
NOT ADOPTED 03/04/2005
In line 1 of the title, after "Relating to" strike the remainder of the title and insert "election procedures; amending RCW 29A.16.040, 29A.16.050, 29A.16.060, and 29A.48.010; and creating a new section."
EFFECT: Requires that all precincts must have the same number of active registered voters as is nearly practical.