BILL REQ. #:  H-0989.1 

Read first time 01/31/2005.   Referred to Committee on State Government Operations & Accountability.

     AN ACT Relating to elections; amending RCW 29A.04.311, 29A.12.010, 29A.12.020, 29A.12.040, 29A.12.060, 29A.12.080, 29A.12.130, 29A.12.140, 29A.12.160, 29A.12.160, 29A.40.091, 29A.40.110, and 29A.48.050; adding a new section to chapter 29A.36 RCW; adding new sections to chapter 29A.60 RCW; repealing RCW 29A.12.030, 29A.12.050, 29A.12.150, and 42.17.710; providing an effective date; and providing an expiration date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 29A.04.311 and 2004 c 271 s 105 are each amended to read as follows:
     Nominating primaries for general elections to be held in November, and the election of precinct committee officers, must be held on the ((third)) first Tuesday of the preceding ((September or on the seventh Tuesday immediately preceding such general election, whichever occurs first)) June.

Sec. 2   RCW 29A.12.010 and 2003 c 111 s 301 are each amended to read as follows:
     At any primary or election in any county, votes may be cast, registered, recorded, or counted by means of one voting system((s)) that ((have)) has been approved under RCW 29A.12.020.

Sec. 3   RCW 29A.12.020 and 2003 c 111 s 302 are each amended to read as follows:
     The secretary of state shall ((inspect, evaluate, and publicly test all voting systems or components of voting systems that are submitted for review under RCW 29A.12.030)) select a single, universal form of voting system and shall adopt rules to establish the process for the selection. The process must include requests for proposals from voting system manufacturers that wish to be considered. The secretary of state's final selection must be the only voting system used in all counties. The secretary of state shall determine whether the voting system((s)) conforms with all of the requirements of this title, the applicable rules adopted in accordance with this title, and with generally accepted safety requirements. The secretary of state shall transmit a copy of the report of any examination under this section, within thirty days after completing the examination, to the county auditor of each county.

Sec. 4   RCW 29A.12.040 and 2003 c 111 s 304 are each amended to read as follows:
     (1) The secretary of state may rely on the results of independent design, engineering, and performance evaluations in the examination under RCW 29A.12.020 if the source and scope of these independent evaluations are specified by rule.
     (2) The secretary of state may contract with experts in mechanical or electrical engineering or data processing to assist in examining a voting system or component as part of the selection of a single voting system to be used in all counties. The manufacturer or distributor who has submitted a voting system for ((testing under RCW 29A.12.030)) consideration shall pay the secretary of state a deposit to reimburse the cost of any contract for consultation under this section and for any other unrecoverable costs associated with the examination of a voting system or component by the manufacturer or distributor who submitted the voting system or component for examination.

Sec. 5   RCW 29A.12.060 and 2003 c 111 s 306 are each amended to read as follows:
     The county auditor of a county in which the voting system((s are)) is used is responsible for the preparation, maintenance, and operation of ((those)) the system((s)) and may employ and direct persons to perform some or all of these functions.

Sec. 6   RCW 29A.12.080 and 2003 c 111 s 308 are each amended to read as follows:
     No voting device ((shall be approved)) may be selected by the secretary of state as the single, uniform voting device for the entire state unless it:
     (1) Secures to the voter secrecy in the act of voting;
     (2) Permits the voter to vote for any person for any office and upon any measure that he or she has the right to vote for;
     (3) Permits the voter to vote for all the candidates of one party or in part for the candidates of one or more other parties;
     (4) Correctly registers all votes cast for any and all persons and for or against any and all measures;
     (5) Provides that a vote for more than one candidate cannot be cast by one single operation of the voting device or vote tally system except when voting for president and vice president of the United States; ((and))
     (6) Gives the voter a printed receipt that notes the votes cast by the voter; and
     (7) Except for functions or capabilities unique to this state, has been tested, certified, and used in at least one other state or election jurisdiction.

Sec. 7   RCW 29A.12.130 and 2003 c 111 s 313 are each amended to read as follows:
     At least three days before each state primary or general election, the office of the secretary of state shall provide for the conduct of tests of the programming for each ((vote tallying)) voting system unit to be used at that primary or general election. The test must verify that the ((system)) unit will correctly count the vote cast for all candidates and on all measures appearing on the ballot at that primary or general election. The test shall verify the capability of the ((vote tallying system)) unit to perform all of the functions that can reasonably be expected to occur during conduct of that particular primary or election. If any error is detected, the cause shall be determined and corrected, and an errorless total shall be produced before the primary or election.
     Such tests shall be observed by at least one representative from each major political party, if representatives have been appointed by the respective major political parties and are present at the test, and shall be open to candidates, the press, and the public. The county auditor and any political party observers shall certify that the test has been conducted in accordance with this section. Copies of this certification shall be retained by the secretary of state and the county auditor. All programming materials, test results, and test ballots shall be securely sealed until the day of the primary or general election.

Sec. 8   RCW 29A.12.140 and 2003 c 111 s 314 are each amended to read as follows:
     The secretary of state may publish recommended procedures for the operation of the ((various)) single vote tallying system((s)) that ((have)) has been approved. These procedures allow the office of the secretary of state to restrict or define the use of the approved system((s)) in elections.

Sec. 9   RCW 29A.12.160 and 2004 c 266 s 3 are each amended to read as follows:
     (1) The secretary of state shall adopt rules and establish standards ((for voting technology and systems)) so that the single voting system used by the state or any political subdivision ((to be)) is accessible for individuals with disabilities, including nonvisual accessibility for the blind and visually impaired, in a manner that provides the same opportunity for access and participation, including privacy and independence, as other voters.
     (2) At each polling location, at least one voting unit certified by the secretary of state shall provide access to individuals who are blind or visually impaired.
     (3) ((Compliance with this provision in regard to voting technology and systems purchased prior to July 27, 2003, shall be achieved at the time of procurement of an upgrade of technology compatible with nonvisual voting methods or replacement of existing voting equipment or systems.
     (4))) Compliance with subsection((s)) (2) ((and (3))) of this section is contingent on available funds to implement this provision.
     (((5))) (4) For purposes of this section, the following definitions apply:
     (a) "Accessible" includes receiving, using, selecting, and manipulating voter data and controls.
     (b) (("Nonvisual" includes synthesized speech, Braille, and other output methods.
     (c))) "Blind and visually impaired" excludes persons who are both deaf and blind.
     (((6))) (5) This section does not apply to voting by absentee ballot.

Sec. 10   RCW 29A.12.160 and 2004 c 267 s 701 are each amended to read as follows:
     (1) At each polling location, at least one voting unit certified by the secretary of state shall provide access to individuals who are blind or visually impaired.
     (2) ((Compliance with this provision in regard to voting technology and systems purchased prior to July 27, 2003, shall be achieved at the time of procurement of an upgrade of technology compatible with nonvisual voting methods or replacement of existing voting equipment or systems.
     (3) Compliance with subsection (2) of this section is contingent on available funds to implement this provision.
     (4))) For purposes of this section, the following definitions apply:
     (a) "Accessible" includes receiving, using, selecting, and manipulating voter data and controls.
     (b) (("Nonvisual" includes synthesized speech, Braille, and other output methods.
     (c))) "Blind and visually impaired" excludes persons who are both deaf and blind.
     (((5))) (3) This section does not apply to voting by absentee ballot.

NEW SECTION.  Sec. 11   A new section is added to chapter 29A.36 RCW to read as follows:
     Provisional ballots must be a different color than standard ballots and absentee ballots. The secretary of state shall make rules to implement this section.

Sec. 12   RCW 29A.40.091 and 2004 c 271 s 135 are each amended to read as follows:
     The county auditor shall send each absentee voter a ballot, a security envelope in which to seal the ballot after voting, a larger envelope in which to return the security envelope, and instructions on how to mark the ballot and how to return it to the county auditor. The instructions that accompany an absentee ballot for a partisan primary must include instructions for voting the applicable ballot style, as provided in chapter 29A.36 RCW. The larger return envelope must contain a declaration by the absentee voter reciting his or her qualifications and stating that he or she has not voted in any other jurisdiction at this election, together with a summary of the penalties for any violation of any of the provisions of this chapter. The return envelope must provide space ((for the voter to indicate the date on which the ballot was voted and)) for the voter to sign the oath. A summary of the applicable penalty provisions of this chapter must be printed on the return envelope immediately adjacent to the space for the voter's signature. The signature of the voter on the return envelope must affirm and attest to the statements regarding the qualifications of that voter and to the validity of the ballot. For out-of-state voters, overseas voters, and service voters, the signed declaration on the return envelope constitutes the equivalent of a voter registration for the election or primary for which the ballot has been issued. The voter must be instructed to either return the ballot to the county auditor by whom it was issued or attach sufficient first class postage((, if applicable, and mail the ballot to)). The ballot must be received by the appropriate county auditor no later than 8:00 p.m. on the day of the election or primary for which the ballot was issued.
     If the county auditor chooses to forward absentee ballots, he or she must include with the ballot a clear explanation of the qualifications necessary to vote in that election and must also advise a voter with questions about his or her eligibility to contact the county auditor. This explanation may be provided on the ballot envelope, on an enclosed insert, or printed directly on the ballot itself. If the information is not included, the envelope must clearly indicate that the ballot is not to be forwarded and that return postage is guaranteed.
     The secretary of state must adjust his or her rules in accordance with this section.

Sec. 13   RCW 29A.40.110 and 2003 c 111 s 1011 are each amended to read as follows:
     (1) The opening and subsequent processing of return envelopes for any primary or election may begin on or after the tenth day before the primary or election. The tabulation of absentee ballots must not commence until after 8:00 p.m. on the day of the primary or election.
     (2) After opening the return envelopes, the county canvassing board shall place all of the ballots in secure storage until after 8:00 p.m. of the day of the primary or election. Absentee ballots that are to be tabulated on an electronic vote tallying system may be taken from the inner envelopes and all the normal procedural steps may be performed to prepare these ballots for tabulation.
     (3) Before opening a returned absentee ballot, the canvassing board, or its designated representatives, shall examine the ((postmark,)) statement((,)) and signature on the return envelope that contains the security envelope and absentee ballot. They shall verify that the absentee ballot was received no later than 8:00 p.m. on election day. They shall verify that the voter's signature on the return envelope is the same as the signature of that voter in the registration files of the county. ((For registered voters casting absentee ballots, the date on the return envelope to which the voter has attested determines the validity, as to the time of voting for that absentee ballot if the postmark is missing or is illegible. For out-of-state voters, overseas voters, and service voters, the date on the return envelope to which the voter has attested determines the validity as to the time of voting for that absentee ballot.)) For any absentee ballot, a variation between the signature of the voter on the return envelope and the signature of that voter in the registration files due to the substitution of initials or the use of common nicknames is permitted so long as the surname and handwriting are clearly the same.
     The secretary of state must adjust his or her rules in accordance with this section.

Sec. 14   RCW 29A.48.050 and 2003 c 111 s 1205 are each amended to read as follows:
     The voter shall return the ballot to the county auditor in the return identification envelope. If mailed, a ballot must be ((postmarked)) received by the county auditor not later than 8:00 p.m. on the date of the primary or election. Otherwise, the ballot must be deposited at the office of the county auditor or the designated place of deposit not later than 8:00 p.m. on the date of the primary or election.

NEW SECTION.  Sec. 15   (1) Upon breaking the seals and opening the ballot containers from the precincts, all voting positions on voted ballots must be manually inspected on both sides of the ballot and every voting position for unreadable ballots. The same manual inspection process applies to absentee ballots, mail ballot precinct ballots, and vote-by-mail ballots. This manual inspection must include examining each voter response position, and is a required part of processing ballots used with all electronic vote tabulating systems.
     (2) The inspection of ballots tabulated at the poll site is not required if the poll-site ballot programming provisions of RCW 29A.44.340 are being complied with.
     (3) If the manual inspection process detects any physically damaged ballots, unreadable ballots that might not be correctly counted by the tabulating equipment, or that contain marks or punches that differ from those specified in the voting instructions contained on or with the ballot but clearly form a discernible and consistent pattern on the ballot to the extent that the voter's intent can be clearly determined, the county may either:
     (a) Refer the ballots to the county canvassing board;
     (b) Duplicate the ballots if authorized by the county canvassing board under section 19 of this act; or
     (c) Enhance the ballots if authorized by the county canvassing board and enhancement can be accomplished without permanently obscuring the original marks or punches of the voters as required by sections 17 and 18 of this act.
     (4) In the case of punchcard ballots, if two or more corners or attachment points are detached in a punch position, the vote is valid and the chad must be removed without duplication, enhancement, or reference to the county canvassing board. If fewer than two corners are detached, then subsection (3) of this section applies.

NEW SECTION.  Sec. 16   (1) If the voter returns voting responses by mail on any form other than the ballot sent, the votes on it are acceptable and will be tallied under the following conditions:
     (a) Only votes for offices or measures for which the voter is eligible are counted;
     (b) The candidate or measure response position for which the voter is voting can be clearly identified;
     (c) The ballot issued is not returned, or if returned, contains no marks or punches indicating an attempt to vote it;
     (d) A valid signature on an absentee oath is on file with the county auditor.
     The votes accepted must then be duplicated to a ballot that can be read by the electronic voting equipment as prescribed in section 19 of this act.
     (2) Corrected absentee ballots must be counted in the following manner:
     (a) If a voter follows the instructions for correcting a vote, either the written instructions or other instructions given to the voter by the county auditor, the correction must be made and the corrected vote tabulated. The county auditor may enhance or duplicate the ballot.
     (b) If a voter appears to have corrected the ballot in a manner other than as instructed, the vote for that candidate or issue must not be tabulated unless the voter provides written instructions directing how the vote should be counted.
     (3) Where a voter has indicated a write-in vote on the ballot that duplicates the name of a candidate who already appears on the ballot for the same office, the ballot must be enhanced or duplicated to count one vote for the candidate indicated. Such a vote must not be considered an overvote or a write-in vote.
     (4) An absentee ballot, a mail ballot precinct ballot, and a vote-by-mail ballot may not be counted if a voter signs the oath with a mark and does not have two witnesses attest to the signature.
     (5) If a ballot contains marks or punches that differ from those specified in the voting instructions, those marks or punches may not be counted as valid votes unless there is a discernable and consistent pattern, to the extent that the voter's intent can clearly be determined. If there is such a pattern, the ballot must be enhanced or duplicated to reflect the voter's intent.

NEW SECTION.  Sec. 17   Optical scan system ballots may be enhanced only when the enhancement will not permanently obscure the original marks of the voters. Ballots must be enhanced by teams of two or more people working together. When enhancing ballots, the county shall take the following steps to create and maintain an audit trail of the actions taken with respect to the enhanced ballots:
     (1) Each ballot to be enhanced must be assigned a unique control number, with the number being marked on the face of the enhanced ballot.
     (2) A log must be kept of the ballots enhanced and include at least the following information:
     (a) The control number of each ballot enhanced;
     (b) The initials of at least two people who participated in enhancing each ballot; and
     (c) The total number of ballots enhanced.
     (3) Enhanced ballots and ballots to be enhanced must be sealed into secure storage at all times, except when the ballots are in the process of being enhanced, are being tabulated, or are being inspected by the canvassing board.

NEW SECTION.  Sec. 18   Punch card ballots may be enhanced only when the enhancement will not permanently obscure marks or punches of the voters. Teams of two or more people working together shall enhance ballots. When enhancing ballots, the county auditor shall take the following steps to create and maintain an audit trail of the actions taken with respect to the enhanced ballots:
     (1) Each ballot to be enhanced must be assigned a unique control number, with the number being marked on the enhanced ballot.
     (2) A log must be kept of the ballots enhanced and include at least the following information:
     (a) The control number of each ballot enhanced;
     (b) The initials of at least two people who participated in enhancing each ballot; and
     (c) The total number of ballots enhanced.
     (3) When the county canvassing board rejects one or more votes on a ballot that contains other valid votes, as in the case of special ballots, the ballot must be duplicated without the rejected vote or the vote may be overvoted on the original ballot. When overvoting, the punch made by the county auditor must be clearly indicated on the ballot and follow the rules for enhancement.
     (4) Enhanced ballots and ballots to be enhanced must be sealed into secure storage at all times, except when the ballots are in the process of being enhanced, are being tabulated, or are being inspected by the canvassing board.

NEW SECTION.  Sec. 19   A ballot may be duplicated only if the intent of the voter's marks on the ballot is clear and the electronic voting equipment might not otherwise properly tally the ballot to reflect the intent of the voter. Ballots must be duplicated by teams of two or more people working together. When duplicating ballots, the county auditor shall take the following steps to create and maintain an audit trail of the actions taken with respect to the duplicated ballots and the corresponding duplicate ballots:
     (1) Each ballot to be duplicated and the corresponding duplicate ballot must be assigned a unique control number, with the number being marked upon the face of each ballot, the purpose being to insure that each duplicate ballot may be tied back to the original ballot.
     (2) A log must be kept of the ballots duplicated and include at least the following information:
     (a) The control number of each ballot duplicated and the corresponding duplicate ballot;
     (b) The initials of at least two people who participated in the duplication of each ballot; and
     (c) The total number of ballots duplicated.
     (3) Duplicated ballots and the corresponding duplicate ballots, as well as ballots requiring duplication must be sealed into secure storage at all times, except when the ballots are in the process of being duplicated, are being tabulated, or are being inspected by the canvassing board.

NEW SECTION.  Sec. 20   Written procedures must be established detailing the situations in which ballots may be enhanced or duplicated. These procedures must be included as a part of the county canvassing board manual.

NEW SECTION.  Sec. 21   As used in this chapter:
     (1) "Canvassing" is that process of examining in detail a ballot, groups of ballots, election subtotals, or grand totals, in order to determine the final official returns of a primary, special, or general election, and to safeguard the integrity of the election process.
     (2) "County canvassing board" is that body charged by law with the duty of canvassing absentee ballots, of ruling on the validity of questioned or challenged ballots, of the verifying all unofficial returns as listed in the auditor's abstract of votes, and the producing of the official county canvass report. The board is composed of the county auditor, prosecuting attorney, and chair of the board of the county legislative authority, or their designated representatives.
     (3) "Auditor's abstract of votes" is the report prepared by the county auditor that lists the number of registered voters, votes cast, all of the vote totals by precinct, or by combination of precincts if applicable, and includes absentee ballot totals, legislative district subtotals, if any, and county-wide totals. Vote totals in the auditor's abstract of votes are unofficial until verified and certified by the county canvassing board.
     (4) "County canvass report" is the auditor's abstract of votes after verification by the county canvassing board and must contain a certificate that includes the oath as specified in RCW 29A.60.200, the original signatures of each member of the county canvassing board, the county seal, and all other material pertinent to the election.
     (5) "Certified copy of the county canvass report" is the report transmitted by the county auditor to the secretary of state that contains registered voters and votes cast by precinct, or combination of precincts if applicable, votes cast for and against state measures, and votes cast for candidates for federal and statewide offices and for any office whose jurisdiction encompasses more than one county, absentee ballot totals for those measures and candidates, subtotals if applicable, and county-wide totals. It must also include a certificate, bearing original signatures and an original county seal, identical to that included in the official county canvass report, and any other material that may be pertinent to the canvass of the election.

NEW SECTION.  Sec. 22   The county auditor, prosecuting attorney, and chair of the county legislative authority, or designees under this chapter, are responsible for the performance of all duties of the county canvassing board, as set forth in this chapter and chapter 29A.40 RCW, and the rules on canvassing adopted by the secretary of state. These duties must be performed by the members of the board, or they may in writing delegate representatives to perform these duties. The written delegation of authority must be filed with the county auditor before any person undertakes any action on behalf of the board. In no instance may the members of the county canvassing board delegate the responsibility of certifying the returns of any primary or election, of determining the validity of any challenged ballots, or of determining the validity of any special ballots referred to them by the county auditor, to anyone other than a person authorized by law to act on their behalf.

NEW SECTION.  Sec. 23   After the election and before the official canvass, the county auditor shall prepare a preliminary abstract of votes, listing the number of registered voters and votes cast. The preliminary abstract of votes must also list separately for votes cast by absentee ballot and those cast at the polls, votes cast for and against measures, votes cast for candidates, overvotes and undervotes, by precinct or groups of precincts if precincts have been combined under RCW 29A.16.060, for canvassing purposes. The county auditor shall inspect the preliminary abstract of votes for errors or anomalies that may affect the results of the election. Correction of any errors or anomalies discovered must be made before the official canvass.

NEW SECTION.  Sec. 24   All activities of the canvassing board must be open to the public, although they may limit the number of persons observing any aspect of the process whenever, in their judgment, it is necessary to do so to preserve order and to safeguard the integrity of the process. The canvassing board may adopt rules, not inconsistent with this section, to ensure that the process is open to the public and that the procedures themselves are performed by the board free of any outside interference. The auditor shall publish notice of the meetings of the canvassing board. The notice or notices must be in substantially the following form:

NEW SECTION.  Sec. 25   No later than the tenth day after a primary or special election and the fifteenth day after a general election the county canvassing board shall meet and canvass all absentee ballots not previously processed under chapter 29A.40 RCW, together with all special and challenged ballots. Upon completion of this canvass the board shall direct the county auditor to include all absentee ballot totals and all challenged and special ballot totals, or legislative district subtotals if applicable, in the preliminary abstract of votes prepared under section 23 of this act. The county auditor shall then add these totals to the existing precinct totals. The ensuing report, containing a count of all ballots cast in the election, subtotal reports by legislative district, and county-wide totals constitutes the auditor's abstract of votes.

NEW SECTION.  Sec. 26   The county canvassing board shall examine each absentee ballot and related material and shall determine whether or not the ballot will be counted. The canvassing board may employ local law enforcement officials or any other persons they deem necessary to assist them in this effort. If the canvassing board determines the absentee ballot will be counted, they shall direct the county auditor to do so. If the canvassing board determines that the signature on the absentee ballot was not made by the voter to whom the ballot was issued or that the voter has attempted to vote more than once, they shall direct the auditor to refer all such ballots and related materials to the prosecuting attorney.

NEW SECTION.  Sec. 27   The county canvassing board shall examine the auditor's abstract of votes and shall verify that all of the individual precinct and absentee ballot totals have been included in the abstract and that the subtotals and county-wide totals for registered voters and votes cast are an accurate reflection of the sum of those individual precinct and absentee ballot totals.

NEW SECTION.  Sec. 28   Except as otherwise provided by law, mail ballots must be canvassed in the same manner as absentee ballots issued at the request of the voter. To be counted, the mail ballots must be deposited at a designated place of return not later than 8:00 p.m. on election day or postmarked not later than the day of the election. If the postmark is missing or illegible, the county canvassing board may rely on the date of the oath signed by the voter on the outside of the return envelope. Any mail ballot may be challenged in the same manner as absentee ballots are challenged, and the county canvassing board must determine that the challenged ballot is valid before it may be counted.

NEW SECTION.  Sec. 29   If the county canvassing board, during the verifications process, discovers that errors exist in the auditor's abstract of votes or that discrepancies exist between that abstract and the manual or adding machine totals for registered voters and votes cast produced under section 27 of this act, the board shall investigate those errors and discrepancies. They may take whatever corrective steps a majority of the board deems necessary, including changing or modifying the auditor's abstract of votes if the error or discrepancy is discovered in that document. The canvassing board may then proceed to verify votes cast on measures or for candidates if a majority of the board believes that the nature of the errors or discrepancies discovered warrant the further action on their part.

NEW SECTION.  Sec. 30   If the canvassing board decides to take corrective action with respect to any part of the auditor's abstract of votes, they shall prepare a written narrative of the errors or discrepancies discovered, the cause of those errors, if known, and the corrective action taken. If the auditor's abstract of votes is altered or modified by the canvassing board, those alterations and modifications must be initialed by each member of the canvassing board, additionally, the written narrative must be signed by each member of the board.

NEW SECTION.  Sec. 31   Upon completion of the verification of the auditor's abstract of votes and the documentation of any corrective action taken, the county canvassing board shall sign a certification that the abstract is a full, true, and correct representation of the votes cast for the issues and offices listed thereon. The certification must also state the total number of registered voters and votes cast in the county. The certification must contain the oath required by RCW 29A.60.200, signed by the county auditor and attested to by the chairman of the board of the county legislative authority, and must have a space where the official seal of the county must be attached. This certification, the auditor's abstract of votes, any adding machine tapes produced during the verification process, and the written narrative of errors and discrepancies discovered and corrected, if applicable, constitute the official county canvass report. This report may not be subsequently amended or altered, except in the event a recount conducted under chapter 29A.64 RCW, or upon order of the superior court, or by the county canvassing board reconvened specifically for that purpose. The vote totals contained in it are the official returns of that election.

NEW SECTION.  Sec. 32   No later than the next business day after the certification of the returns of any primary, special, or general election at which votes were cast for or against state measures or for candidates for federal and statewide office or for state legislative and judicial offices whose jurisdiction encompasses more than one county, the county auditor shall send a certified copy of that part of the auditor's abstract of votes covering those issues and offices to the secretary of state. This copy must be no larger than eleven inches by fourteen inches and have a certificate identical to that accompanying the official county canvass report, bearing the county seal and original signatures of the officers required to sign that document attached or affixed to it. A copy of the written narrative documenting errors and discrepancies discovered and corrective action taken must accompany the abstract if applicable. Copies of the adding machine tapes used during the verification process need not be sent to the secretary of state.

NEW SECTION.  Sec. 33   The secretary of state shall ensure that all material required to be submitted under state law has been included in the certified copy of the auditor's abstract of votes transmitted to his or her office. If the secretary of state determines that the certified copy of the auditor's abstract of votes is incomplete, he or she shall notify the county auditor of that fact and shall request that the missing part of the abstract be forwarded immediately. No county's certified copy of the abstract of votes may be considered as complete for acceptance by the secretary of state until all of the material required by statute and rule has been received by the secretary of state. If the certified copy of the official abstract is illegible or in improper form, the secretary of state shall return that abstract and require an immediate resubmission of the abstract in proper or legible form.

NEW SECTION.  Sec. 34   Sections 15 through 33 of this act are added to chapter 29A.60 RCW.

NEW SECTION.  Sec. 35   The following acts or parts of acts are each repealed:
     (1) RCW 29A.12.030 (Submitting system or component for examination) and 2003 c 111 s 303;
     (2) RCW 29A.12.050 (Approval required -- Modification) and 2003 c 111 s 305, 1990 c 59 s 21, & 1982 c 40 s 4;
     (3) RCW 29A.12.150 (Recording requirements) and 2003 c 111 s 315, 1998 c 245 s 26, 1991 c 363 s 30, & 1990 c 184 s 1; and
     (4) RCW 42.17.710 (Time limit for state official to solicit or accept contributions) and 2003 c 164 s 3 & 1993 c 2 s 11.

NEW SECTION.  Sec. 36   Section 9 of this act expires January 1, 2006.

NEW SECTION.  Sec. 37   Section 10 of this act takes effect January 1, 2006.