BILL REQ. #: H-0160.2
| State of Washington | 61st Legislature | 2009 Regular Session |
Read first time 01/23/09. Referred to Committee on State Government & Tribal Affairs.
AN ACT Relating to all mail elections; amending RCW 29A.04.008, 29A.04.019, 29A.04.128, 29A.04.031, 29A.04.220, 29A.04.255, 29A.04.580, 29A.04.470, 29A.08.113, 29A.08.130, 29A.08.140, 29A.08.145, 29A.08.430, 29A.08.440, 29A.08.720, 29A.08.775, 29A.08.810, 29A.08.820, 29A.12.085, 29A.12.090, 29A.12.110, 29A.12.160, 29A.16.010, 29A.16.040, 29A.16.060, 29A.16.120, 29A.16.130, 29A.24.081, 29A.24.131, 29A.28.021, 29A.28.061, 29A.32.031, 29A.32.241, 29A.36.115, 29A.36.131, 29A.36.161, 29A.40.061, 29A.40.070, 29A.40.080, 29A.40.091, 29A.40.100, 29A.40.120, 29A.44.010, 29A.44.030, 29A.44.040, 29A.44.050, 29A.44.060, 29A.44.070, 29A.44.090, 29A.44.140, 29A.44.150, 29A.44.160, 29A.44.170, 29A.44.190, 29A.44.205, 29A.44.207, 29A.44.210, 29A.44.221, 29A.44.225, 29A.44.231, 29A.44.260, 29A.44.265, 29A.44.270, 29A.44.280, 29A.44.410, 29A.44.430, 29A.44.490, 29A.44.530, 29A.46.260, 29A.48.010, 29A.48.040, 29A.48.060, 29A.52.141, 29A.52.311, 29A.52.351, 29A.53.080, 29A.56.010, 29A.56.490, 29A.60.010, 29A.60.030, 29A.60.040, 29A.60.050, 29A.60.110, 29A.60.120, 29A.60.160, 29A.60.160, 29A.60.170, 29A.60.180, 29A.60.190, 29A.60.190, 29A.60.230, 29A.60.235, 29A.64.041, 29A.80.041, 29A.84.050, 29A.84.510, 29A.84.550, 29A.84.730, 36.83.110, 85.38.125, and 90.72.040; reenacting and amending RCW 29A.04.611, 29A.08.620, 29A.40.110, 29A.60.070, and 29A.60.165; adding new sections to chapter 29A.04 RCW; adding new sections to chapter 29A.48 RCW; adding a new section to chapter 29A.80 RCW; recodifying RCW 29A.40.061, 29A.40.070, 29A.40.080, 29A.40.091, 29A.40.100, 29A.40.110, 29A.40.120, 29A.40.150, and 29A.44.430; repealing RCW 29A.16.020, 29A.16.030, 29A.16.110, 29A.16.140, 29A.16.150, 29A.16.170, 29A.40.010, 29A.40.020, 29A.40.030, 29A.40.040, 29A.40.050, 29A.40.130, 29A.40.140, 29A.44.020, 29A.44.080, 29A.44.110, 29A.44.120, 29A.44.130, 29A.44.180, 29A.44.201, 29A.44.250, 29A.44.290, 29A.44.310, 29A.44.320, 29A.44.330, 29A.44.340, 29A.44.350, 29A.44.420, 29A.44.450, 29A.44.460, 29A.44.470, 29A.44.480, 29A.44.510, 29A.44.520, 29A.48.020, 29A.48.030, 29A.60.060, 29A.60.200, 29A.84.540, 29A.84.545, and 29A.84.680; providing effective dates; and providing an expiration date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 29A.04.008 and 2007 c 38 s 1 are each amended to read
as follows:
As used in this title:
(1) "Ballot" means, as the context implies, either:
(a) The issues and offices to be voted upon in a jurisdiction or
portion of a jurisdiction at a particular primary, general election, or
special election;
(b) A facsimile of the contents of a particular ballot whether
printed on a paper ballot or ballot card or as part of a voting machine
or voting device;
(c) A physical or electronic record of the choices of an individual
voter in a particular primary, general election, or special election;
or
(d) The physical document on which the voter's choices are to be
recorded;
(2) "Paper ballot" means a piece of paper on which the ballot for
a particular election or primary has been printed, on which a voter may
record his or her choices for any candidate or for or against any
measure, and that is to be tabulated manually;
(3) "Ballot card" means any type of card or piece of paper of any
size on which a voter may record his or her choices for any candidate
and for or against any measure and that is to be tabulated on a vote
tallying system;
(4) "Sample ballot" means a printed facsimile of all the issues and
offices on the ballot in a jurisdiction and is intended to give voters
notice of the issues, offices, and candidates that are to be voted on
at a particular primary, general election, or special election;
(5) "Provisional ballot" means a ballot issued at ((the polling
place on election day by the precinct election board)) a voting center
to a voter who would otherwise be denied an opportunity to vote a
regular ballot, for any reason authorized by the Help America Vote Act,
including but not limited to the following:
(a) The ((voter's name does not appear in the poll book)) voter
does not appear to be registered to vote in that county;
(b) There is ((an indication in the poll book that the voter has
requested an absentee ballot, but the voter wishes to vote at the
polling place)) a question concerning whether the voter has already
returned a voted ballot;
(c) There is a question on the part of the voter concerning the
issues or candidates on which the voter is qualified to vote;
(d) Any other reason allowed by law;
(6) "Party ballot" means a primary election ballot specific to a
particular major political party that lists all candidates for partisan
office who affiliate with that same major political party, as well as
the nonpartisan races and ballot measures to be voted on at that
primary;
(7) "Nonpartisan ballot" means a primary election ballot that lists
all nonpartisan races and ballot measures to be voted on at that
primary.
NEW SECTION. Sec. 2 A new section is added to chapter 29A.04 RCW
to read as follows:
"Ballot drop-off site" means the site or sites designated by the
county auditor in which a voter may deposit his or her ballot in a
secure collection device on or before election day.
Sec. 3 RCW 29A.04.019 and 2003 c 111 s 104 are each amended to
read as follows:
"Counting center" means the facility or facilities designated by
the county auditor to count and canvass mail ballots((, absentee
ballots, and polling place ballots that are transferred to a central
site to be counted, rather than being counted by a poll-site ballot
counting device, on the day of a primary or election)).
Sec. 4 RCW 29A.04.128 and 2004 c 271 s 152 are each amended to
read as follows:
"Primary" or "primary election" means a statutory procedure for
nominating candidates to public office ((at the polls)).
NEW SECTION. Sec. 5 A new section is added to chapter 29A.04 RCW
to read as follows:
"Voting center" means the facility or facilities designated by the
county auditor that:
(1) Serves as a disability access voting location;
(2) Issues provisional ballots; and
(3) Serves as a ballot drop-off site.
Sec. 6 RCW 29A.04.031 and 2003 c 111 s 106 are each amended to
read as follows:
For registered voters voting by ((absentee or)) mail ballot, "date
of mailing" means the date of the postal cancellation on the envelope
in which the ballot is returned to the election official by whom it was
issued. For all ((nonregistered absentee)) overseas and service
voters, "date of mailing" means the date stated by the voter on the
envelope in which the ballot is returned to the election official by
whom it was issued.
Sec. 7 RCW 29A.04.220 and 2003 c 111 s 135 are each amended to
read as follows:
The county auditor shall provide public notice of the availability
of registration and voting aids, assistance to the elderly and
((disabled persons)) people with disabilities, and procedures for
voting by ((absentee)) mail ballot calculated to reach the elderly and
((disabled persons)) people with disabilities not later than public
notice of the closing of registration for a primary or election.
Sec. 8 RCW 29A.04.255 and 2004 c 266 s 5 are each amended to read
as follows:
The secretary of state or a county auditor shall accept and file in
his or her office electronic facsimile transmissions of the following
documents:
(1) Declarations of candidacy;
(2) County canvass reports;
(3) Voters' pamphlet statements;
(4) Arguments for and against ballot measures that will appear in
a voters' pamphlet;
(5) Requests for recounts;
(6) Certification of candidates and measures by the secretary of
state;
(7) Direction by the secretary of state for the conduct of a
mandatory recount;
(8) ((Requests for absentee ballots;)) Any other election related document authorized by rule
adopted by the secretary of state under RCW ((
(9)29A.04.610)) 29A.04.611.
The acceptance by the secretary of state or the county auditor is
conditional upon the document being filed in a timely manner, being
legible, and otherwise satisfying the requirements of state law or
rules with respect to form and content.
If the original copy of a document must be signed and a copy of the
document is filed by facsimile transmission under this section, the
original copy must be subsequently filed with the official with whom
the facsimile was filed. The original copy must be filed by a deadline
established by the secretary by rule. The secretary may by rule
require that the original of any document, a copy of which is filed by
facsimile transmission under this section, also be filed by a deadline
established by the secretary by rule.
Sec. 9 RCW 29A.04.580 and 2003 c 111 s 156 are each amended to
read as follows:
The county auditor may designate any person who has been certified
under this chapter, other than the auditor, to participate in a review
conducted in the county under this chapter. Each county auditor and
canvassing board shall cooperate fully during an election review by
making available to the reviewing staff any material requested by the
staff. The reviewing staff shall have full access to ballot pages,
((absentee)) mail voting materials, any other election material
normally kept in a secure environment after the election, and other
requested material. If ballots are reviewed by the staff, they shall
be reviewed in the presence of the canvassing board or its designees.
Ballots shall not leave the custody of the canvassing board. During
the review and after its completion, the review staff may make
appropriate recommendations to the county auditor or canvassing board,
or both, to bring the county into compliance with the training required
under this chapter, and the laws or rules of the state of Washington,
to safeguard election material or to preserve the integrity of the
elections process.
Sec. 10 RCW 29A.04.611 and 2006 c 207 s 1 and 2006 c 206 s 2 are
each reenacted and amended to read as follows:
The secretary of state as chief election officer shall make
reasonable rules in accordance with chapter 34.05 RCW not inconsistent
with the federal and state election laws to effectuate any provision of
this title and to facilitate the execution of its provisions in an
orderly, timely, and uniform manner relating to any federal, state,
county, city, town, and district elections. To that end the secretary
shall assist local election officers by devising uniform forms and
procedures.
In addition to the rule-making authority granted otherwise by this
section, the secretary of state shall make rules governing the
following provisions:
(1) The maintenance of voter registration records;
(2) The preparation, maintenance, distribution, review, and filing
of precinct maps;
(3) Standards for the design, layout, and production of ballots;
(4) The examination and testing of voting systems for
certification;
(5) The source and scope of independent evaluations of voting
systems that may be relied upon in certifying voting systems for use in
this state;
(6) Standards and procedures for the acceptance testing of voting
systems by counties;
(7) Standards and procedures for testing the programming of vote
tallying software for specific primaries and elections;
(8) Standards and procedures for the preparation and use of each
type of certified voting system including procedures for the operation
of counting centers where vote tallying systems are used;
(9) Standards and procedures to ensure the accurate tabulation and
canvassing of ballots;
(10) Consistency among the counties of the state in the preparation
of ballots, the operation of vote tallying systems, and the canvassing
of primaries and elections;
(11) Procedures to ensure the secrecy of a voter's ballot ((when a
small number of ballots are counted at the polls or at a counting
center));
(12) The use of substitute devices or means of voting when a voting
device at ((the polling place)) a voting center is found to be
defective, the counting of votes cast on the defective device, the
counting of votes cast on the substitute device, and the documentation
that must be submitted to the county auditor regarding such
circumstances;
(13) Procedures for the transportation of sealed containers of
voted ballots or sealed voting devices;
(14) The acceptance and filing of documents via electronic
facsimile;
(15) Voter registration applications and records;
(16) The use of voter registration information in the conduct of
elections;
(17) The coordination, delivery, and processing of voter
registration records accepted by driver licensing agents or the
department of licensing;
(18) The coordination, delivery, and processing of voter
registration records accepted by agencies designated by the governor to
provide voter registration services;
(19) Procedures to receive and distribute voter registration
applications by mail;
(20) Procedures for a voter to change his or her voter registration
address within a county by telephone;
(21) Procedures for a voter to change the name under which he or
she is registered to vote;
(22) Procedures for canceling dual voter registration records and
for maintaining records of persons whose voter registrations have been
canceled;
(23) Procedures for the electronic transfer of voter registration
records between county auditors and the office of the secretary of
state;
(24) Procedures and forms for declarations of candidacy;
(25) Procedures and requirements for the acceptance and filing of
declarations of candidacy by electronic means;
(26) Procedures for the circumstance in which two or more
candidates have a name similar in sound or spelling so as to cause
confusion for the voter;
(27) Filing for office;
(28) The order of positions and offices on a ballot;
(29) Sample ballots;
(30) Independent evaluations of voting systems;
(31) The testing, approval, and certification of voting systems;
(32) The testing of vote tallying software programming;
(33) Standards and procedures to prevent fraud and to facilitate
the accurate processing and canvassing of ((absentee ballots and mail))
ballots, including standards for the approval and implementation of
hardware and software for automated signature verification systems;
(34) Standards and procedures to guarantee the secrecy of
((absentee ballots and mail)) ballots;
(35) Uniformity among the counties of the state in the conduct of
absentee voting and mail ballot elections;
(36) Standards and procedures to accommodate out-of-state voters,
overseas voters, and service voters;
(37) The tabulation of paper ballots ((before the close of the
polls)) prior to 8:00 p.m. on the day of a primary or election;
(38) The accessibility of ((polling places)) voting centers and
registration facilities ((that are accessible to elderly and disabled
persons));
(39) The aggregation of precinct results if reporting the results
of a single precinct could jeopardize the secrecy of a person's ballot;
(40) Procedures for conducting a statutory recount;
(41) Procedures for filling vacancies in congressional offices if
the general statutory time requirements for availability of
((absentee)) mailing ballots, certification, canvassing, and related
procedures cannot be met;
(42) Procedures for the statistical sampling of signatures for
purposes of verifying and canvassing signatures on initiative,
referendum, and recall election petitions;
(43) Standards and deadlines for submitting material to the office
of the secretary of state for the voters' pamphlet;
(44) Deadlines for the filing of ballot titles for referendum bills
and constitutional amendments if none have been provided by the
legislature;
(45) Procedures for the publication of a state voters' pamphlet;
(46) Procedures for conducting special elections regarding nuclear
waste sites if the general statutory time requirements for availability
of ((absentee)) mailing ballots, certification, canvassing, and related
procedures cannot be met;
(47) Procedures for conducting partisan primary elections;
(48) Standards and procedures for the proper conduct of voting
during the early voting period to provide accessability for the blind
or visually impaired;
(49) Standards for voting technology and systems used by the state
or any political subdivision to be 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;
(50) All data formats for transferring voter registration data on
electronic or machine-readable media for the purpose of administering
the statewide voter registration list required by the Help America Vote
Act (P.L. 107-252);
(51) Defining the interaction of electronic voter registration
election management systems employed by each county auditor to maintain
a local copy of each county's portion of the official state list of
registered voters;
(52) Provisions and procedures to implement the state-based
administrative complaint procedure as required by the Help America Vote
Act (P.L. 107-252);
(53) Facilitating the payment of local government grants to local
government election officers or vendors; and
(54) Standards for the verification of signatures on ((absentee,
mail, and provisional)) ballot envelopes.
Sec. 11 RCW 29A.04.470 and 2004 c 267 s 203 are each amended to
read as follows:
(1) The secretary of state shall create an advisory committee and
adopt rules governing project eligibility, evaluation, awarding of
grants, and other criteria for administering the local government grant
program, which may include a preference for grants that include a match
of local funds.
(2) The advisory committee shall review grant proposals and
establish a prioritized list of projects to be considered for funding
by the third Tuesday in May of each year beginning in 2004 and
continuing as long as funds in the election account established by
((chapter 48, Laws of 2003 [RCW 29A.04.440])) RCW 29A.04.440 are
available. The grant award may have an effective date other than the
date the project is placed on the prioritized list, including money
spent previously by the county that would qualify for reimbursement
under the Help America Vote Act (P.L. 107-252).
(3) Examples of projects that would be eligible for local
government grant funding include, but are not limited to the following:
(a) Replacement or upgrade of voting equipment, including the
replacement of punch card voting systems;
(b) Purchase of additional voting equipment, including the purchase
of equipment to meet the disability requirements of the Help America
Vote Act (P.L. 107-252);
(c) Purchase of new election management system hardware and
software capable of integrating with the statewide voter registration
system required by the Help America Vote Act (P.L. 107-252);
(d) Development and production of ((poll)) election worker
recruitment and training materials;
(e) Voter education programs;
(f) Publication of a local voters' pamphlet;
(g) Toll-free access system to provide notice of the outcome of
provisional ballots; and
(h) Training for local election officials.
Sec. 12 RCW 29A.08.113 and 2005 c 246 s 7 are each amended to
read as follows:
(1) If a voter who registered by mail indicates on the voter
registration form that he or she does not have a Washington state
driver's license, Washington state identification card, or Social
Security number, he or she must provide one of the following forms of
identification the first time he or she votes after registering:
(a) Valid photo identification;
(b) A valid enrollment card of a federally recognized Indian tribe
in Washington state;
(c) A copy of a current utility bill;
(d) A current bank statement;
(e) A copy of a current government check;
(f) A copy of a current paycheck; or
(g) A government document that shows both the name and address of
the voter.
(2) If the voter fails to provide one of the above forms of
identification prior to or at the time of voting, the ballot must be
treated as a provisional ballot ((regardless of whether the voter is
voting at a poll site or by mail)). The ballot may only be counted if
the voter's signature on the outside envelope matches the signature in
the voter registration records.
(3) The requirements of this section do not apply to an ((out-of-state,)) overseas((,)) or service voter who registers to vote by
signing the return envelope of the ((absentee)) ballot.
Sec. 13 RCW 29A.08.130 and 2003 c 111 s 210 are each amended to
read as follows:
(1) Except as otherwise specified by this title, registered voters
include those assigned to active and inactive status by the county
auditor.
(2) Election officials shall not include inactive voters in the
count of registered voters for the purpose of dividing precincts,
((creating vote-by-mail precincts,)) determining voter turnout, or
other purposes in law for which the determining factor is the number of
registered voters. ((Election officials shall not include persons who
are ongoing absentee voters under RCW 29A.40.040 in determining the
maximum permissible size of vote-by-mail precincts or in determining
the maximum permissible size of precincts.)) Nothing in this
subsection may be construed as altering the vote tallying requirements
of RCW 29A.60.230.
Sec. 14 RCW 29A.08.140 and 2006 c 97 s 1 are each amended to read
as follows:
The registration files of all precincts shall be closed against
transfers for thirty days immediately preceding every primary, special
election, and general election to be held in such precincts.
The county auditor shall give notice of the closing of the precinct
files for transfer and notice of the special registration and voting
procedure provided by RCW 29A.08.145 by one publication in a newspaper
of general circulation in the county at least five days before the
closing of the precinct files.
No person may ((vote at any primary, special election, or general
election in a precinct polling place)) receive a ballot unless he or
she has registered to vote at least thirty days before that primary or
election and appears on the official statewide voter registration list.
If a person, otherwise qualified to vote in the state, county, and
precinct in which he or she applies for registration, does not register
at least thirty days before any primary, special election, or general
election, he or she may register ((and vote by absentee ballot)) for
that primary or election under RCW 29A.08.145.
Sec. 15 RCW 29A.08.145 and 2006 c 97 s 2 are each amended to read
as follows:
This section establishes a special procedure which an elector not
registered in the state may use to register to vote during the period
beginning after the closing of registration for voting ((at the polls))
under RCW 29A.08.140 and ending on the fifteenth day before a primary,
special election, or general election. A qualified elector in the
state may register to vote in person in the office of the county
auditor of the county in which the applicant resides, or at a voter
registration location specifically designated for this purpose by the
county auditor ((or secretary of state)), and ((apply for an absentee))
vote a ballot for that primary or election. The auditor or
registration assistant shall register that individual in the manner
provided in this chapter. The ((application for an absentee ballot
executed)) registration and voted provisional ballot completed by the
newly registered voter for the primary or election that follows the
execution of the registration shall be promptly transmitted to the
auditor ((with the completed voter registration form)).
Sec. 16 RCW 29A.08.430 and 2004 c 267 s 123 are each amended to
read as follows:
(1) A person who is registered to vote in this state may transfer
his or her voter registration ((on the day of a special or general
election or primary under the following procedures:)) at a voting center by completing a voter registration form.
A voter who transfers his or her registration in the manner authorized
by this section shall vote in the precinct in which he or she was
previously registered.
(a) The voter may complete, at the polling place, a voter
registration form designed by the secretary of state and supplied by
the county auditor; or
(b) For a change within the county, the voter may write in his or
her new residential address in the precinct list of registered voters.
The county auditor shall determine which of these two procedures
are to be used in the county or may determine that both procedures are
to be available to voters for use in the county.
(2)
(((3))) (2) The auditor shall, within sixty days, mail to each
voter who has transferred a registration under this section, an
acknowledgement notice detailing his or her current precinct and
polling place.
Sec. 17 RCW 29A.08.440 and 2003 c 111 s 231 are each amended to
read as follows:
To maintain a valid voter registration, a person who changes his or
her name shall notify the county auditor regarding the name change in
one of the following ways: (1) By sending the auditor a notice clearly
identifying the name under which he or she is registered to vote, the
voter's new name, and the voter's residence. Such a notice must be
signed by the voter using both this former name and the voter's new
name; (2) by appearing in person before the auditor or a registration
assistant and signing such a change-of-name notice; (3) by signing such
a change-of-name notice at ((the voter's precinct polling place on the
day of a primary or special or general election)) a voting center; (4)
by properly executing a name change on a mail-in registration
application or a prescribed state agency application.
((A properly registered voter who files a change-of-name notice at
the voter's precinct polling place during a primary or election and who
desires to vote at that primary or election shall sign the poll book
using the voter's former and new names in the same manner as is
required for the change-of-name notice.))
Sec. 18 RCW 29A.08.620 and 2004 c 267 s 130 and 2004 c 266 s 8
are each reenacted and amended to read as follows:
(1) A county auditor shall assign a registered voter to inactive
status and shall send the voter a confirmation notice if any of the
following documents are returned by the postal service as
undeliverable:
(a) An acknowledgement of registration;
(b) An acknowledgement of transfer to a new address;
(c) A ((vote-by-mail ballot, absentee ballot, or application for
a)) ballot;
(d) Notification to a voter after precinct reassignment;
(e) Notification to serve on jury duty; or
(f) Any other document other than a confirmation notice, required
by statute, to be mailed by the county auditor to the voter.
(2) A county auditor shall also assign a registered voter to
inactive status and shall send the voter a confirmation notice:
(a) Whenever change of address information received from the
department of licensing under RCW 29A.08.350, or by any other agency
designated to provide voter registration services under RCW 29A.08.310,
indicates that the voter has moved to an address outside the state; or
(b) If the auditor receives postal change of address information
under RCW 29A.08.605, indicating that the voter has moved out of the
state.
Sec. 19 RCW 29A.08.720 and 2005 c 246 s 18 are each amended to
read as follows:
(1) In the case of voter registration records received through the
department of licensing, the identity of the office at which any
particular individual registered to vote is not available for public
inspection and shall not be disclosed to the public. In the case of
voter registration records received through an agency designated under
RCW 29A.08.310, the identity of the agency at which any particular
individual registered to vote is not available for public inspection
and shall not be disclosed to the public. Any record of a particular
individual's choice not to register to vote at an office of the
department of licensing or a state agency designated under RCW
29A.08.310 is not available for public inspection and any information
regarding such a choice by a particular individual shall not be
disclosed to the public.
(2) Subject to the restrictions of RCW 29A.08.710, ((poll books,))
precinct lists((,)) and current lists of registered voters are public
records and must be made available for public inspection and copying
under such reasonable rules and regulations as the county auditor or
secretary of state may prescribe. The county auditor or secretary of
state shall promptly furnish current lists of registered voters in his
or her possession, at actual reproduction cost, to any person
requesting such information. The lists shall not be used for the
purpose of mailing or delivering any advertisement or offer for any
property, establishment, organization, product, or service or for the
purpose of mailing or delivering any solicitation for money, services,
or anything of value. However, the lists and labels may be used for
any political purpose. The county auditor or secretary of state must
provide a copy of RCW 29A.08.740 to the person requesting the material
that is released under this section.
Sec. 20 RCW 29A.08.775 and 2005 c 246 s 20 are each amended to
read as follows:
Only voters who appear on the official statewide voter registration
list are eligible to participate in elections. Each county shall
maintain a copy of that county's portion of the state list. The county
must ensure that data used for the production of ((poll lists and
other)) lists and mailings done in the administration of each election
are the same as the official statewide voter registration list.
Sec. 21 RCW 29A.08.810 and 2006 c 320 s 4 are each amended to
read as follows:
(1) Registration of a person as a voter is presumptive evidence of
his or her right to vote. A challenge to the person's right to vote
must be based on personal knowledge of one of the following:
(a) The challenged voter has been convicted of a felony and the
voter's civil rights have not been restored;
(b) The challenged voter has been judicially declared ineligible to
vote due to mental incompetency;
(c) The challenged voter does not live at the residential address
provided, in which case the challenger must either:
(i) Provide the challenged voter's actual residence on the
challenge form; or
(ii) Submit evidence that he or she exercised due diligence to
verify that the challenged voter does not reside at the address
provided and to attempt to contact the challenged voter to learn the
challenged voter's actual residence, including that the challenger
personally:
(A) Sent a letter with return service requested to the challenged
voter's residential address provided, and to the challenged voter's
mailing address, if provided;
(B) Visited the residential address provided and contacted persons
at the address to determine whether the voter resides at the address
and, if not, obtained and submitted with the challenge form a signed
affidavit subject to the penalties of perjury from a person who owns or
manages property, resides, or is employed at the address provided, that
to his or her personal knowledge the challenged voter does not reside
at the address as provided on the voter registration;
(C) Searched local telephone directories, including online
directories, to determine whether the voter maintains a telephone
listing at any address in the county;
(D) Searched county auditor property records to determine whether
the challenged voter owns any property in the county; and
(E) Searched the statewide voter registration database to determine
if the voter is registered at any other address in the state;
(d) The challenged voter will not be eighteen years of age by the
next election; or
(e) The challenged voter is not a citizen of the United States.
(2) ((A person's right to vote may be challenged: By another
registered voter or the county prosecuting attorney at any time, or by
the poll site judge or inspector if the challenge is filed on election
day regarding a voter who presents himself or herself to vote at the
poll site.)) The challenger must file a signed affidavit subject to the
penalties of perjury swearing that, to his or her personal knowledge
and belief, having exercised due diligence to personally verify the
evidence presented, the challenged voter either is not qualified to
vote or does not reside at the address given on his or her voter
registration record based on one of the reasons allowed in subsection
(1) of this section. The challenger must provide the factual basis for
the challenge, including any information required by subsection (1)(c)
of this section, in the signed affidavit. The challenge may not be
based on unsupported allegations or allegations by anonymous third
parties. All documents pertaining to the challenge are public records.
(3)
(((4))) (3) Challenges based on a felony conviction under RCW
29A.08.520 must be heard according to RCW 29A.08.520 and rules adopted
by the secretary of state.
Sec. 22 RCW 29A.08.820 and 2006 c 320 s 5 are each amended to
read as follows:
(1) Challenges initiated by a registered voter against a voter who
registered to vote less than sixty days before the election, or who
changed residence less than sixty days before the election without
transferring his or her registration, must be filed not later than ten
days before any primary or election, general or special, or within ten
days of the voter being added to the voter registration database,
whichever is later, at the office of the appropriate county auditor.
Challenges initiated by a registered voter against any other voter must
be filed not later than forty-five days before the election.
Challenges initiated by the office of the county prosecuting attorney
must be filed in the same manner as challenges initiated by a
registered voter.
(2)(a) If the challenge is filed within forty-five days before an
election at which the challenged voter is eligible to vote, a notation
of the challenge must be made immediately in the ((poll book or)) voter
registration system, and the county canvassing board presides over the
hearing.
(b) If the challenge is filed before the challenged voter's ballot
is received, the ballot must be treated as a challenged ballot. A
challenged ballot received at a ((polling place)) voting center must be
placed in a sealed envelope separate from other voted ballots.
(c) If the challenge is filed after the challenged voter's ballot
is received, the challenge cannot affect the current election.
(3) If the challenge is filed at least forty-five days before an
election at which the challenged voter is eligible to vote, the county
auditor presides over the hearing.
Sec. 23 RCW 29A.12.085 and 2005 c 242 s 1 are each amended to
read as follows:
((Beginning on January 1, 2006,)) All electronic voting devices
must produce a paper record of each vote that may be accepted or
rejected by the voter before finalizing his or her vote. This record
may not be removed from the ((polling place)) voting center, and must
be human readable without an interface and machine readable for
counting purposes. If the device is programmed to display the ballot
in multiple languages, the paper record produced must be printed in the
language used by the voter. Rejected records must either be destroyed
or marked in order to clearly identify the record as rejected.
Sec. 24 RCW 29A.12.090 and 2003 c 111 s 309 are each amended to
read as follows:
((The ballot on a single voting device shall not contain the names
of candidates for the offices of United States representative, state
senator, state representative, county council, or county commissioner
in more than one district. In all general elections, primaries, and
special elections, in each polling place the voting devices containing
ballots for candidates from each congressional, legislative, or county
council or commissioner district shall be grouped together and
physically separated from those devices containing ballots for other
districts. Each voter shall be directed by the precinct election
officers to the correct group of voting devices.)) A single ballot
shall contain the names of candidates for only one district for the
offices of United States representative, state senator, state
representative, and county council or county commissioner.
Sec. 25 RCW 29A.12.110 and 2003 c 111 s 311 are each amended to
read as follows:
In preparing a voting device for a primary or election, a record
shall be made of the ballot format installed in each device and the
precinct or portion of a precinct for which that device has been
prepared. Except where provided by a rule adopted under RCW
((29A.04.610)) 29A.04.611, after being prepared for a primary or
election, each device shall be sealed with a uniquely numbered seal and
provided to the ((inspector of)) election official at the appropriate
((polling place)) voting center.
Sec. 26 RCW 29A.12.160 and 2004 c 267 s 701 are each amended to
read as follows:
(1) At each ((polling location)) voting center, 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) This section does not apply to voting by ((absentee)) mail
ballot.
Sec. 27 RCW 29A.16.010 and 2004 c 267 s 315 are each amended to
read as follows:
The intent of this chapter is to require ((state and local election
officials)) county auditors to designate and use ((polling places and
disability access voting locations in all elections and permanent
registration locations which)) voting centers that are accessible to
the elderly and ((disabled persons)) people with a disability. County
auditors shall:
(1) Make modifications such as installation of temporary ramps or
relocation of ((polling places)) voting centers within buildings, where
appropriate;
(2) Designate new, accessible ((polling places)) voting centers to
replace those that are inaccessible; and
(3) Continue to use ((polling places and voter registration
locations which)) voting centers that are accessible to the elderly and
((disabled persons)) people with a disability.
Sec. 28 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. ((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)). By the year
2012, the maximum number of active registered voters in each precinct
shall not exceed two thousand.
(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.)) 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.
(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) 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. 29 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.))
Sec. 30 RCW 29A.16.120 and 2003 c 111 s 408 are each amended to
read as follows:
The legislative authority of each county, municipality, and special
district shall, at the request of the county auditor, make their
facilities available for use as ((polling places)) voting centers for
primaries, special elections, and state general elections held within
that county. When, in the judgment of the county auditor, a facility
of a county, municipality, or special district would provide a location
for a ((polling place)) voting center that would best satisfy the
requirements of this chapter, he or she shall notify the legislative
authority of that county, municipality, or district of the number of
facilities needed for use as ((polling places)) voting centers.
Payment for ((polling places)) voting centers and any other conditions
or obligations regarding these ((polling places)) voting centers shall
be provided for by contract between the county auditor and the county,
municipality, or district.
Sec. 31 RCW 29A.16.130 and 2004 c 267 s 316 are each amended to
read as follows:
Each state agency and entity of local government shall permit the
use of any of its buildings and the most suitable locations therein as
((polling places or disability access voting locations)) voting centers
when required by a county auditor ((to provide accessible places in
each precinct)).
Sec. 32 RCW 29A.24.081 and 2004 c 271 s 159 are each amended to
read as follows:
Any candidate may mail his or her declaration of candidacy for an
office to the filing officer. Such declarations of candidacy shall be
processed by the filing officer in the following manner:
(1) Any declaration received by the filing officer by mail before
the tenth business day immediately preceding the first day for
candidates to file for office shall be returned to the candidate
submitting it, together with a notification that the declaration of
candidacy was received too early to be processed. The candidate shall
then be permitted to resubmit his or her declaration of candidacy
during the filing period.
(2) Any properly executed declaration of candidacy received by mail
on or after the tenth business day immediately preceding the first day
for candidates to file for office and before the close of business on
the last day of the filing period shall be included with filings made
in person during the filing period. In partisan and judicial elections
the filing officer shall determine by lot the order in which the names
of those candidates shall appear upon sample and ((absentee)) primary
ballots.
(3) Any declaration of candidacy received by the filing officer
after the close of business on the last day for candidates to file for
office shall be rejected and returned to the candidate attempting to
file it.
Sec. 33 RCW 29A.24.131 and 2004 c 271 s 115 are each amended to
read as follows:
A candidate may withdraw his or her declaration of candidacy at any
time before the close of business on the Thursday following the last
day for candidates to file under RCW 29A.24.050 by filing, with the
officer with whom the declaration of candidacy was filed, a signed
request that his or her name not be printed on the ballot. There shall
be no withdrawal period for declarations of candidacy filed during
special filing periods held under this title. The filing officer may
permit the withdrawal of a filing for the office of precinct committee
officer at the request of the candidate at any time if no ((absentee))
ballots have been issued for that office and the ballots for that
precinct have not been printed. The filing officer may permit the
withdrawal of a filing for any elected office of a city, town, or
special district at the request of the candidate at any time before a
primary if the primary ballots for that city, town, or special district
have not been ordered. No filing fee may be refunded to any candidate
who withdraws under this section. Notice of the deadline for
withdrawal of candidacy and that the filing fee is not refundable shall
be given to each candidate at the time he or she files.
Sec. 34 RCW 29A.28.021 and 2006 c 344 s 11 are each amended to
read as follows:
A vacancy caused by the death or disqualification of any candidate
or nominee of a major or minor political party may be filled at any
time up to and including the day prior to the election for that
position. For state partisan offices in any political subdivision
voted on solely by electors of a single county, an individual shall be
appointed to fill such vacancy by the county central committee in the
case of a major political party or by the state central committee or
comparable governing body in the case of a minor political party. For
other partisan offices, including federal or statewide offices, an
individual shall be appointed to fill such vacancy by the state central
committee or comparable governing body of the appropriate political
party.
If the vacancy occurs no later than the eleventh Tuesday prior to
the state primary or general election concerned and the ballots have
been printed, it shall be mandatory that they be corrected by the
appropriate election officers. In making such correction, it shall not
be necessary to reprint complete ballots if any other less expensive
technique can be used and the resulting correction is reasonably clear.
If the vacancy occurs after the eleventh Tuesday prior to the state
primary or general election and time does not exist in which to correct
ballots (((including absentee ballots))), either in total or in part,
then the votes cast or recorded for the person who has died or become
disqualified shall be counted for the person who has been named to fill
such vacancy.
When the secretary of state is the person with whom the appointment
by the major or minor political party is filed, the secretary shall, in
certifying candidates or nominations to the various county officers
insert the name of the person appointed to fill a vacancy.
If the secretary of state has already sent forth the certificate
when the appointment to fill a vacancy is filed, the secretary shall
forthwith certify to the county auditors of the proper counties the
name and place of residence of the person appointed to fill a vacancy,
the office for which the person is a candidate or nominee, the party
the person represents, and all other pertinent facts pertaining to the
vacancy.
Sec. 35 RCW 29A.28.061 and 2004 c 271 s 119 are each amended to
read as follows:
The general election laws and laws relating to partisan primaries
shall apply to the special primaries and vacancy elections provided for
in chapter 29A.28 RCW to the extent that they are not inconsistent with
the provisions of these sections. Minor political party and
independent candidates may appear only on the general election ballot.
Statutory time deadlines relating to ((availability of absentee))
mailing ballots, certification, canvassing, and related procedures that
cannot be met in a timely fashion may be modified for the purposes of
a specific primary or vacancy election under this chapter by the
secretary of state through emergency rules adopted under RCW
29A.04.611.
Sec. 36 RCW 29A.32.031 and 2008 c 1 s 12 (Initiative Measure No.
960) are each amended to read as follows:
The voters' pamphlet must contain:
(1) Information about each measure for an advisory vote of the
people and each ballot measure initiated by or referred to the voters
for their approval or rejection as required by RCW 29A.32.070;
(2) In even-numbered years, statements, if submitted, advocating
the candidacies of nominees for the office of president and vice
president of the United States, United States senator, United States
representative, governor, lieutenant governor, secretary of state,
state treasurer, state auditor, attorney general, commissioner of
public lands, superintendent of public instruction, insurance
commissioner, state senator, state representative, justice of the
supreme court, judge of the court of appeals, or judge of the superior
court. Candidates may also submit a campaign mailing address and
telephone number and a photograph not more than five years old and of
a size and quality that the secretary of state determines to be
suitable for reproduction in the voters' pamphlet;
(3) In odd-numbered years, if any office voted upon statewide
appears on the ballot due to a vacancy, then statements and photographs
for candidates for any vacant office listed in subsection (2) of this
section must appear;
(4) In even-numbered years, a section explaining how voters may
participate in the election campaign process; the address and telephone
number of the public disclosure commission established under RCW
42.17.350; and a summary of the disclosure requirements that apply when
contributions are made to candidates and political committees;
(5) In even-numbered years the name, address, and telephone number
of each political party with nominees listed in the pamphlet, if filed
with the secretary of state by the state committee of a major political
party or the presiding officer of the convention of a minor political
party;
(6) In each odd-numbered year immediately before a year in which a
president of the United States is to be nominated and elected,
information explaining the precinct caucus and convention process used
by each major political party to elect delegates to its national
presidential candidate nominating convention. The pamphlet must also
provide a description of the statutory procedures by which minor
political parties are formed and the statutory methods used by the
parties to nominate candidates for president;
(7) ((An application form for an absentee ballot;)) A brief statement explaining the deletion and addition of
language for proposed measures under RCW 29A.32.080;
(8)
(((9))) (8) Any additional information pertaining to elections as
may be required by law or in the judgment of the secretary of state is
deemed informative to the voters.
Sec. 37 RCW 29A.32.241 and 2004 c 271 s 123 are each amended to
read as follows:
The local voters' pamphlet shall include but not be limited to the
following:
(1) Appearing on the cover, the words "official local voters'
pamphlet," the name of the jurisdiction producing the pamphlet, and the
date of the election or primary;
(2) A list of jurisdictions that have measures or candidates in the
pamphlet;
(3) Information on how a person may register to vote and obtain
((an absentee)) a ballot;
(4) The text of each measure accompanied by an explanatory
statement prepared by the prosecuting attorney for any county measure
or by the attorney for the jurisdiction submitting the measure if other
than a county measure. All explanatory statements for city, town, or
district measures not approved by the attorney for the jurisdiction
submitting the measure shall be reviewed and approved by the county
prosecuting attorney or city attorney, when applicable, before
inclusion in the pamphlet;
(5) The arguments for and against each measure submitted by
committees selected pursuant to RCW 29A.32.280; and
(6) For partisan primary elections, information on how to vote the
applicable ballot format and an explanation that minor political party
candidates and independent candidates will appear only on the general
election ballot.
Sec. 38 RCW 29A.36.115 and 2005 c 243 s 3 are each amended to
read as follows:
All provisional ((and absentee)) ballots must be visually
distinguishable from ((each other)) mail ballots and must be either:
(1) Printed on colored paper; or
(2) Imprinted with a bar code for the purpose of identifying the
ballot as a provisional ((or absentee)) ballot. The bar code must not
identify the voter.
((Provisional and absentee ballots must be incapable of being
tabulated by poll-site counting devices.))
Sec. 39 RCW 29A.36.131 and 2004 c 271 s 130 are each amended to
read as follows:
After the close of business on the last day for candidates to file
for office, the filing officer shall, from among those filings made in
person and by mail, determine by lot the order in which the names of
those candidates will appear on all primary((,)) and sample((, and
absentee)) ballots. The determination shall be done publicly and may
be witnessed by the media and by any candidate. If no primary is
required for any nonpartisan office under RCW 29A.52.011 or 29A.52.220,
or if any independent or minor party candidate files a declaration of
candidacy, the names shall appear on the general election ballot in the
order determined by lot.
Sec. 40 RCW 29A.36.161 and 2004 c 271 s 132 are each amended to
read as follows:
(1) On the top of each ballot must be printed clear and concise
instructions directing the voter how to mark the ballot, including
write-in votes. On the top of each primary ballot must be printed the
instructions required by this chapter.
(2) The questions of adopting constitutional amendments or any
other state measure authorized by law to be submitted to the voters at
that election must appear after the instructions and before any
offices.
(3) In a year that president and vice president appear on the
general election ballot, the names of candidates for president and vice
president for each political party must be grouped together with a
single response position for a voter to indicate his or her choice.
(4) On a general election ballot, the candidate or candidates of
the major political party that received the highest number of votes
from the electors of this state for the office of president of the
United States at the last presidential election must appear first
following the appropriate office heading. The candidate or candidates
of the other major political parties will follow according to the votes
cast for their nominees for president at the last presidential
election, and independent candidates and the candidate or candidates of
all other parties will follow in the order of their qualification with
the secretary of state.
(((5) All paper ballots and ballot cards used at a polling place
must be sequentially numbered in such a way to permit removal of such
numbers without leaving any identifying marks on the ballot.))
Sec. 41 RCW 29A.40.061 and 2004 c 271 s 134 are each amended to
read as follows:
(1) ((The county auditor shall issue an absentee ballot for the
primary or election for which it was requested, or for the next
occurring primary or election when ongoing absentee status has been
requested if the information contained in a request for an absentee
ballot or ongoing absentee status received by the county auditor is
complete and correct and the applicant is qualified to vote under
federal or state law. Otherwise, the county auditor shall notify the
applicant of the reason or reasons why the request cannot be accepted.
Whenever two or more candidates have filed for the position of precinct
committee officer for the same party in the same precinct, the contest
for that position must be presented to absentee voters from that
precinct by either including the contest on the regular absentee ballot
or a separate absentee ballot. The ballot must provide space
designated for writing in the name of additional candidates.)) A registered voter may obtain a replacement ballot if the
ballot is destroyed, spoiled, lost, or not received by the voter. The
voter may obtain the ballot by telephone request, by mail,
electronically, or in person. The county auditor shall keep a record
of each replacement ballot provided under this subsection.
(2)
(((3))) (2) A copy of the state voters' pamphlet must be sent to
registered voters temporarily outside the state, ((out-of-state
voters,)) and overseas ((voters,)) and service voters, along with the
((absentee)) ballot if such a pamphlet has been prepared for the
primary or election and is available to the county auditor at the time
of mailing. The county auditor shall mail all ((absentee)) ballots and
related material to voters outside the territorial limits of the United
States and the District of Columbia under 39 U.S.C. 3406.
Sec. 42 RCW 29A.40.070 and 2006 c 344 s 13 are each amended to
read as follows:
(1) Except where a recount or litigation under RCW 29A.68.011 is
pending, the county auditor shall have sufficient ((absentee)) ballots
available for ((absentee)) voters of that county, other than overseas
((voters)) and service voters, at least twenty days before any primary,
general election, or special election. The county auditor must mail
((absentee)) ballots to each voter ((for whom the county auditor has
received a request nineteen days before the primary or election)) at
least eighteen days before the primary or election. ((For a request
for an absentee ballot received after the nineteenth day before the
primary or election, the county auditor shall make every effort to mail
ballots within one business day, and shall mail the ballots within two
business days.))
(2) At least thirty days before any primary, general election, or
special election, the county auditor shall mail ballots to all overseas
and service voters. A request for a ballot made by an overseas or
service voter after that day must be processed immediately.
(3) Each county auditor shall certify to the office of the
secretary of state the dates the ballots prescribed in subsection (1)
of this section were available and mailed.
(4) If ((absentee)) ballots will not be available or mailed as
prescribed in subsection (1) of this section, the county auditor shall
immediately certify to the office of the secretary of state when
((absentee)) ballots will be available and mailed. Copies of this
certification must be provided to the county canvassing board, the
press, jurisdictions with issues on the ballot in the election, and any
candidates.
(5) If ((absentee)) ballots were not available or mailed as
prescribed in subsection (1) of this section, for a reason other than
a recount or litigation, the county auditor, in consultation with the
certification and training program of the office of the secretary of
state, shall submit a report to the office of the secretary of state
outlining why the deadline was missed and what corrective actions will
be taken in future elections to ensure that ((absentee)) ballots are
available and mailed as prescribed in subsection (1) of this section.
(6) Failure to have ((absentee)) ballots available and mailed as
prescribed in subsection (1) of this section does not by itself provide
a basis for an election contest or other legal challenge to the results
of a primary, general election, or special election.
Sec. 43 RCW 29A.40.080 and 2003 c 111 s 1008 are each amended to
read as follows:
The delivery of ((an absentee)) a replacement ballot for any
primary or election shall be subject to the following qualifications:
(1) Only the registered voter personally, or a member of the
registered voter's immediate family may pick up ((an absentee)) a
replacement ballot for the voter at the office of the issuing officer
unless the voter is a resident of a health care facility, as defined by
RCW 70.37.020(3), ((on election day)) and applies by messenger for ((an
absentee)) a replacement ballot. In this latter case, the messenger
may pick up the voter's ((absentee)) ballot.
(2) Except as noted in subsection (1) of this section, the issuing
officer shall mail or deliver the ((absentee)) replacement ballot
directly to each applicant.
Sec. 44 RCW 29A.40.091 and 2005 c 246 s 21 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)) a ballot for a partisan
primary must include instructions for voting the applicable ballot
style, as provided in chapter 29A.36 RCW. The ((absentee)) voter's
name and address must be printed on the larger return envelope, which
must also 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 declaration must clearly inform the voter that it is illegal to
vote if he or she is not a United States citizen; it is illegal to vote
if he or she has been convicted of a felony and has not had his or her
voting rights restored; and, except as otherwise provided by law, it is
illegal to cast a ballot or sign ((an absentee)) the return envelope on
behalf of another voter. 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. It must also contain a space so that the
voter may include a telephone number. 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. The return envelope must also have a
secrecy flap that the voter may seal that will cover the voter's
signature and optional telephone number. 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 appropriate county auditor no
later than 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.
Sec. 45 RCW 29A.40.100 and 2003 c 111 s 1010 are each amended to
read as follows:
County auditors must request that observers be appointed by the
major political parties to be present during the processing of
((absentee)) ballots. The absence of the observers will not prevent
the processing of ((absentee)) ballots if the county auditor has
requested their presence.
Sec. 46 RCW 29A.40.110 and 2006 c 207 s 4 and 2006 c 206 s 6 are
each reenacted and amended to read as follows:
(1) The opening and subsequent processing of return envelopes for
any primary or election may begin upon receipt. The tabulation of
((absentee)) ballots must not commence until after 8:00 p.m. on the day
of the primary or election.
(2) All received ((absentee)) return envelopes must be placed in
secure locations from the time of delivery to the county auditor until
their subsequent opening. 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 envelope, 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. All personnel assigned
to verify signatures must receive training on statewide standards for
signature verification. Personnel 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. Verification may be
conducted by an automated verification system approved by the secretary
of state. ((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.
(4) ((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 stationed in the United States,
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)).
Sec. 47 RCW 29A.40.120 and 2003 c 111 s 1012 are each amended to
read as follows:
((The absentee ballots)) Ballot counts must be reported at a
minimum on a congressional and legislative district basis.
((Absentee)) Ballots may be counted by congressional or legislative
district or by individual precinct, except as required under RCW
29A.60.230(2).
These returns must be added to the total of the votes cast at the
((polling places)) voting centers.
Sec. 48 RCW 29A.44.010 and 2003 c 111 s 1101 are each amended to
read as follows:
No person may interfere with a voter in any way within ((the
polling place)) a voting center. This does not prevent the voter from
receiving assistance in preparing his or her ballot as provided in RCW
29A.44.240.
Sec. 49 RCW 29A.44.030 and 2004 c 267 s 317 are each amended to
read as follows:
Any voter may take into the voting booth or voting device any
printed or written material to assist in casting his or her vote. The
voter shall not use this material to electioneer and shall remove the
material when he or she leaves the ((polls or the disability access
voting location)) voting center.
Sec. 50 RCW 29A.44.040 and 2004 c 267 s 318 are each amended to
read as follows:
No ballots may be used in any ((polling place or disability access
voting location)) voting center other than those prepared by the county
auditor. No voter is entitled to vote more than once at a primary or
a general or special election, except that if a voter incorrectly marks
a ballot, he or she may return it and be issued a new ballot. The
((precinct)) election officer((s)) shall void the incorrectly marked
ballot and return it to the county auditor.
Sec. 51 RCW 29A.44.050 and 2003 c 111 s 1105 are each amended to
read as follows:
(((1) At the direction of the county auditor, a team or teams
composed of a representative of at least two major political parties
shall stop at designated polling places and pick up the sealed
containers of voted, untallied ballots for delivery to the counting
center. There may be more than one delivery from each polling place.
Two precinct election officials, representing two major political
parties, shall seal the voted ballots in containers furnished by the
county auditor and properly identified with his or her address with
uniquely prenumbered seals.)) For voting centers other than the county auditor's office, at
least two employees or representatives of different major political
parties shall transfer the sealed ballot containers to and from the
voting center. At the counting center or the collection stations where
the sealed ballot containers are delivered ((
(2)by the designated
representatives of the major political parties)), the county auditor or
((a designated representative of the county auditor)) his or her
designee shall receive the sealed ballot containers, record the time,
date, ((precinct name or number)) voting center location, and seal
number of each ballot container.
Sec. 52 RCW 29A.44.060 and 2003 c 111 s 1106 are each amended to
read as follows:
The county auditor shall provide in each ((polling place)) voting
center a sufficient number of voting booths or voting devices along
with any supplies necessary to enable the voter to mark or register his
or her choices on the ballot and within which the voters may cast their
votes in secrecy.
Sec. 53 RCW 29A.44.070 and 2003 c 111 s 1107 are each amended to
read as follows:
((At all primaries and elections, general or special, in all
counties the polls)) Every voting center open on election day must be
kept open from seven o'clock a.m. to eight o'clock p.m. All qualified
electors who are at the ((polling place)) voting center at eight
o'clock p.m.((,)) shall be allowed to cast their votes.
Sec. 54 RCW 29A.44.090 and 2003 c 111 s 1109 are each amended to
read as follows:
((A registered voter shall not be allowed to vote in the precinct
in which he or she is registered at any election or primary for which
that voter has cast an absentee ballot. A registered voter who has
requested an absentee ballot for a primary or special or general
election but chooses to vote at the voter's precinct polling place in
that primary or election shall cast a provisional ballot. The
canvassing board shall not count the ballot if it finds that the voter
has also voted by absentee ballot in that primary or election.)) If a
voter who was issued a mail ballot requests to vote on a direct
recording electronic voting device, the county auditor must first
confirm that the voter has not already returned a voted ballot.
Confirmation that the voter has not already returned a voted ballot may
be achieved by accessing the county voter registration system by
electronic, telephonic, or other means. If the election official is
unable to confirm that the voter has not already returned a voted
ballot, the voter may not vote on a direct recording electronic voting
device.
In order to prevent multiple voting, any voter who votes on a
direct recording electronic voting device must be immediately credited
or otherwise flagged as having voted. If a voted mail ballot is
returned from a voter after the voter cast a ballot on a direct
recording electronic voting device, the mail ballot must not be
counted.
Sec. 55 RCW 29A.44.140 and 2003 c 111 s 1113 are each amended to
read as follows:
(1) Each ((county auditor)) secretary of state shall provide voting
and registration instructions, printed in large type, to be
conspicuously displayed at each ((polling place and permanent
registration facility)) voting center.
(2) The ((county auditor)) secretary of state shall make
information available for deaf persons throughout the state by
telecommunications.
Sec. 56 RCW 29A.44.150 and 2003 c 111 s 1114 are each amended to
read as follows:
The ((precinct)) election officers for each ((precinct)) voting
center shall meet at the designated ((polling place)) voting center at
the time set by the county auditor.
Sec. 57 RCW 29A.44.160 and 2003 c 111 s 1115 are each amended to
read as follows:
Before ((opening the polls for a precinct, the voting equipment
shall be inspected to determine if it has been properly prepared for
voting. If the voting equipment is capable of direct tabulation of
each voter's choices, the precinct election officers)) voting begins on
any direct recording electronic voting equipment, election officials
shall verify that no votes have been registered for any issue or office
to be voted on at that primary or election. ((Any ballot box shall be
carefully examined by the judges of election to determine that it is
empty. The ballot box shall then be sealed or locked. The ballot box
shall not be opened before the certification of the primary or election
except in the manner and for the purposes provided under this title.))
Sec. 58 RCW 29A.44.170 and 2003 c 111 s 1116 are each amended to
read as follows:
At all primaries and elections the flag of the United States shall
be conspicuously displayed ((in front of each polling place)) at each
voting center.
Sec. 59 RCW 29A.44.190 and 2003 c 111 s 1118 are each amended to
read as follows:
The ((precinct)) election officers shall periodically examine the
voting devices to determine if they have been tampered with.
Sec. 60 RCW 29A.44.205 and 2005 c 243 s 7 are each amended to
read as follows:
Any person desiring to vote at any primary or election is required
to provide identification to the election officer ((before signing the
poll book)) at the voting center. The identification required in this
section can be satisfied by providing a valid photo identification,
such as a driver's license or state identification card, student
identification card, or tribal identification card, a voter's voter
identification issued by a county elections officer, or a copy of a
current utility bill, bank statement, paycheck, or government check or
other government document. Any individual who desires to vote in
person at a voting center but cannot provide identification as required
by this section shall be issued a provisional ballot.
The secretary of state may adopt rules to carry out this section.
Sec. 61 RCW 29A.44.207 and 2005 c 243 s 6 are each amended to
read as follows:
Provisional ballots must be issued, along with a provisional ballot
outer envelope and a security envelope, to voters as appropriate under
RCW 29A.04.008. The provisional ballot outer envelope must include a
place for the voter's name; registered address, both present and former
if applicable; date of birth; reason for the provisional ballot; the
precinct number ((and the precinct polling)); the voting center
location at which the voter has voted; and a space for the county
auditor to list the disposition of the provisional ballot. The
provisional ballot outer envelope must also contain a declaration as
required for ((absentee)) mail ballot outer envelopes under RCW
29A.40.091 (as recodified by this act); a place for the voter to sign
the oath; and a summary of the applicable penalty provisions of this
chapter. The voter shall vote the provisional ballot in secrecy and,
when done, place the provisional ballot in the security envelope, then
place the security envelope into the outer envelope, and return it to
the ((precinct)) election official. The election official shall ensure
that the required information is completed on the outer envelope, have
the voter sign it in the appropriate space, and place the envelope in
a secure container. The official shall then give the voter written
information advising the voter how to ascertain whether the vote was
counted and, if applicable, the reason why the vote was not counted.
Sec. 62 RCW 29A.44.210 and 2003 c 111 s 1120 are each amended to
read as follows:
Any person desiring to vote at any primary or election at a voting
center is required to sign ((his or her name on the appropriate
precinct list of registered voters)) the oath affirming that the voter
meets the qualifications to vote. If the voter registered using a
mark, or can no longer sign his or her name, the election officers
shall require the voter to be identified by another registered voter.
((The precinct election officers shall then record the voter's
name.))
Sec. 63 RCW 29A.44.221 and 2004 c 271 s 137 are each amended to
read as follows:
On ((signing the precinct list of registered voters or)) being
issued a ballot, the voter shall, without leaving the ((polling place
or disability access location)) voting center, proceed to one of the
voting booths or voting devices to cast his or her vote. ((When county
election procedures so provide, the election officers may tear off and
retain the numbered stub from the ballot before delivering it to the
voter. If an election officer has not already done so, when the voter
has finished, he or she shall either (1) remove the numbered stub from
the ballot, place the ballot in the ballot box, and return the number
to the election officers, or (2) deliver the entire ballot to the
election officers, who shall remove the numbered stub from the ballot
and place the ballot in the ballot box.)) For a partisan primary in a
jurisdiction using the physically separate ballot format, the voter
shall ((also)) return unvoted party ballots to the ((precinct))
election officers, who shall void the unvoted party ballots and return
them to the county auditor. ((If poll-site ballot counting devices are
used, the voter shall put the ballot in the device.))
Sec. 64 RCW 29A.44.225 and 2005 c 242 s 4 are each amended to
read as follows:
A voter voting on an electronic voting device may not leave the
device during the voting process, except to request assistance from the
((precinct)) election officers, until the voting process is completed.
Sec. 65 RCW 29A.44.231 and 2004 c 271 s 138 are each amended to
read as follows:
As each voter casts his or her vote, the ((precinct)) election
officers shall ((insert in the poll books or precinct list of
registered voters opposite that voter's name, a notation to)) credit
the voter with having participated in that primary or election. No
record may be made of a voter's party affiliation in a partisan
primary, except at a presidential election. ((The precinct election
officers shall record the voter's name so that a separate record is
kept.))
Sec. 66 RCW 29A.44.260 and 2003 c 111 s 1125 are each amended to
read as follows:
If at ((the time of closing the polls,)) 8:00 p.m. on election day
there are ((any)) voters in the ((polling place)) voting center who
have not voted, they shall be allowed to vote ((after the polls have
been closed)).
Sec. 67 RCW 29A.44.265 and 2004 c 267 s 501 are each amended to
read as follows:
(1) An individual who votes in an election for federal office as a
result of a federal or state court order or any other order extending
the time for ((closing the polls)) voting, may vote in that election
only by casting a provisional ballot. As to court orders extending the
time for ((closing the polls)) voting, this section does not apply to
any voters who were present in the ((polling place)) voting center at
the statutory closing time and as a result are permitted to vote under
RCW ((29A.44.070)) 29A.44.260. This section does not, by itself,
authorize any court to order that any individual be permitted to vote
or to extend the time for ((closing the polls)) voting, but this
section is intended to comply with 42 U.S.C. Sec. 15482(c) with regard
to federal elections.
(2) Any ballot cast under subsection (1) of this section must be
separated and held apart from other provisional ballots cast by those
not affected by the order.
Sec. 68 RCW 29A.44.270 and 2003 c 111 s 1126 are each amended to
read as follows:
At each ((precinct)) voting center immediately after the last
qualified voter has cast his or her vote, the ((precinct)) election
officers shall ((render unusable and)) secure in a container all unused
ballots ((for that precinct)) and return them to the county auditor.
Sec. 69 RCW 29A.44.280 and 2003 c 111 s 1127 are each amended to
read as follows:
At the end of voting in a voting center, and immediately after the
unused ballots are secure, the ((precinct)) election officers shall
count the number of ((voted)) ballots voted at the voting center and
make a record of any discrepancy between this number and the number of
voters who signed ((the poll book for that precinct or polling place))
in to vote at that voting center, ((complete the certifications in the
poll book,)) prepare the ballots for transfer to the counting center
((if necessary)), and seal the voting devices.
Sec. 70 RCW 29A.44.410 and 2003 c 111 s 1134 are each amended to
read as follows:
(1) At least ((ten)) twenty days prior to any primary or election,
general or special, the county auditor shall appoint ((one inspector
and two judges of election for each precinct (or each combination of
precincts temporarily consolidated as a single precinct for that
primary or election), other than those precincts designated as vote-by-mail precincts pursuant to RCW 29A.48.010)) three election officials
for each voting center. Two election officials shall be appointed from
that political party which polled the highest number of votes in the
county for its candidate for president at the last preceding
presidential election and one election official from the political
party polling the next highest number of votes in the county for its
candidate for president at the same election. Except as provided in
subsection (3) of this section, the persons appointed shall be among
those whose names are contained on the lists furnished under RCW
29A.44.430 ((by the chairpersons of the county central committees of
the political parties entitled to representation thereon. Such
precinct election officers, whenever possible, should be residents of
the precinct in which they serve)) (as recodified by this act).
(2) The county auditor may delete from the lists of names submitted
((to the auditor by the chairpersons of the county central committees))
under RCW 29A.44.430 (as recodified by this act): (a) The names of
those persons who indicate to the auditor that they cannot or do not
wish to serve as ((precinct)) election officers for the primary or
election ((or who otherwise cannot so serve)); and (b) the names of
those persons who lack the ability to conduct properly the duties of an
((inspector or judge of)) election official after training in that
proper conduct has been made available to them by the auditor. The
lists ((which are)) submitted to the auditor in a timely manner under
RCW 29A.44.430 (as recodified by this act), less the deletions
authorized by this subsection, constitute the official nomination lists
for ((inspectors and judges of)) election officials.
(3) If the number of persons whose names are on the official
nomination list for a political party is not sufficient to satisfy the
requirements of subsection (((4))) (1) of this section as it applies to
that political party ((or is otherwise insufficient to provide the
number of precinct election officials required from that political
party)), the auditor shall notify the chair of the party's county
central committee regarding the deficiency. The chair may, within five
business days of being notified by the auditor, add to the party's
nomination list the names of additional persons belonging to that
political party who are qualified to serve ((on the election boards))
as an election official. To the extent that, following this procedure,
the number of persons whose names appear on the official nomination
lists of the political parties is insufficient to provide the number of
election ((inspectors and judges)) officials required for a primary or
election, the auditor may appoint a properly trained person ((whose
name does not appear on such a list)) to serve as an ((inspector or
judge of)) election ((for a precinct)) official.
(((4) The county auditor shall designate the inspector and one
judge in each precinct from that political party which polled the
highest number of votes in the county for its candidate for president
at the last preceding presidential election and one judge from that
political party polling the next highest number of votes in the county
for its candidate for president at the same election. The provisions
of this subsection apply only if the number of names on the official
nomination list for inspectors and judges of election for a political
party is sufficient to satisfy the requirements imposed by this
subsection.))
(5) Except as provided in RCW 29A.44.440 for the filling of
vacancies, this shall be the exclusive method for the appointment of
inspectors and judges to serve as precinct election officers at any
primary or election, general or special, and shall supersede the
provisions of any and all other statutes, whether general or special in
nature, having different requirements.
Sec. 71 RCW 29A.44.430 and 2003 c 111 s 1136 are each amended to
read as follows:
The precinct committee officer of each major political party shall
((certify)) provide to the officer's county chair a list of those
persons belonging to the officer's political party qualified to act
((upon the election board in the officer's precinct)) as election
officials.
((By the first day of June each year, the chair of the county
central committee of each major political party shall certify to the
officer having jurisdiction of the election a list of those persons
belonging to the county chair's political party in each precinct who
are qualified to act on the election board therein.))
The county chair shall compile ((this)) a list ((from the names
certified)) of names provided by the various precinct committee
officers ((unless no names or not a sufficient)) and by the first day
of June each year provide the list of names of persons qualified to act
as election officials to the officer having jurisdiction of the
election. If an insufficient number of names have been ((certified))
provided from a precinct, ((in which event)) the county chair may
include ((therein the)) names of qualified members of the county
chair's party selected by the county chair. The county chair shall
((also)) have the authority to substitute names of persons recommended
by the precinct committee officers if ((in the judgment of)) the county
chair deems such persons are not qualified to serve as ((precinct))
election ((officers)) officials.
Sec. 72 RCW 29A.44.490 and 2003 c 111 s 1142 are each amended to
read as follows:
((The inspector, judges, and clerks of election)) Election
officials, before entering upon the duties of their offices, shall take
and subscribe the prescribed oath or affirmation which shall be
administered to them by any person authorized to administer oaths and
verified under the hand of the person by whom such oath or affirmation
is administered. ((If no such person is present, the inspector shall
administer the same to the judges and clerks, and one of the judges
shall administer the oath to the inspector.))
The county auditor shall furnish two copies of the proper form of
oath to each ((precinct election officer)) election official, one copy
thereof, after execution, to be placed and transmitted with the
election returns.
Sec. 73 RCW 29A.44.530 and 2003 c 111 s 1146 are each amended to
read as follows:
The ((fees of officers of election)) compensation of election
officials shall be ((as follows:)) as provided under RCW 49.46.020, the exact
amount to be fixed by the respective boards of county commissioners for
each county. ((
To the judges and clerks of an election not less than the minimum
hourly wage per hourTo inspectors, the rate paid to judges and clerks plus
an additional two hours' compensation. The precinct election officer
picking up the election supplies and returning the election returns to
the county auditor shall be entitled to additional compensation, the
exact amount to be determined by the respective boards of county
commissioners for each county.))
Sec. 74 RCW 29A.46.260 and 2006 c 207 s 7 are each amended to
read as follows:
(1) The legislature finds that the elimination of polling places
resulting from the transition to vote by mail creates barriers that
restrict the ability of many voters with disabilities from achieving
the independence and privacy in voting provided by the accessible
voting devices required under the help America vote act. Counties
((adopting a vote by mail system)) must take appropriate steps to
mitigate these impacts and to address the obligation to provide voters
with disabilities an equal opportunity to vote independently and
privately, to the extent that this can be achieved without incurring
undue administrative and financial burden.
(2) Each county shall establish and maintain an advisory committee
that includes persons with diverse disabilities and persons with
expertise in providing accommodations for persons with disabilities.
The committee shall assist election officials in developing a plan to
identify and implement changes to improve the accessibility of
elections for voters with disabilities. The plan shall include
recommendations for the following:
(a) The number of ((polling places that will be maintained)) voting
centers that will be provided in order to ensure that people with
disabilities have reasonable access to accessible voting devices, and
a written explanation for how the determination was made;
(b) The locations of polling places, drop-off facilities, voting
centers, and other election-related functions necessary to maximize
accessibility to persons with disabilities;
(c) Outreach to voters with disabilities on the availability of
disability accommodation, including in-person disability access voting;
(d) Transportation of voting devices to locations convenient for
voters with disabilities in order to ensure reasonable access for
voters with disabilities; and
(e) Implementation of the provisions of the help America vote act
related to persons with disabilities.
Counties must update the plan at least annually. The election
review staff of the secretary of state shall review and evaluate the
plan in conformance with the review procedure identified in RCW
29A.04.570.
(3) Counties may form a joint advisory committee to develop the
plan identified in subsection (2) of this section if the total
population of the joining counties does not exceed thirty thousand, and
the counties are geographically adjacent.
Sec. 75 RCW 29A.48.010 and 2005 c 241 s 1 are each amended to
read as follows:
(1) ((With express authorization from the county legislative
authority, the county auditor may conduct)) All counties with fewer
than five hundred thousand active registered voters as of March 1,
2009, shall conduct all primary, special, and general elections
entirely by mail ballot. ((The county legislative authority must give
the county auditor at least ninety days' notice before the first
election to be conducted entirely by mail ballot. If the county
legislative authority and the county auditor decide to return to a
polling place election environment, the county legislative authority
must give the county auditor at least one hundred eighty days' notice
before the first election to be conducted using polling places.
Authorization under this subsection must apply to all primary, special,
and general elections conducted by the county auditor.)) Counties with
more than five hundred thousand active registered voters as of March 1,
2009, shall conduct all primary, special, and general elections
entirely by mail ballot beginning no later than January 2010. Each
county auditor or election official shall identify one or more
facilities as a voting center for purposes of offering disability
access voting as required by the Help America Vote Act (P.L. 107-252).
(2) ((The county auditor may designate any precinct having fewer
than two hundred active registered voters at the time of closing of
voter registration as provided in RCW 29A.08.140 as a mail ballot
precinct. Authorization from the county legislative authority is not
required to designate a precinct as a mail ballot precinct under this
subsection. In determining the number of registered voters in a
precinct for the purposes of this section, persons who are ongoing
absentee voters under RCW 29A.40.040 shall not be counted. Nothing in
this section may be construed as altering the vote tallying
requirements of RCW 29A.60.230.)) The county auditor shall mail each active voter a
ballot at least eighteen days before a primary, general election, or
special election. The auditor shall send each inactive voter either a
ballot or an application to receive a ballot at least eighteen days
before a primary, general election, or special election. The auditor
shall determine which of the two is to be sent. If the inactive voter
returns a voted ballot, the ballot shall be counted and the voter's
status restored to active. If the inactive voter completes and returns
an application, a ballot shall be sent and the voter's status restored
to active. The requirements regarding certification, reporting, and
the mailing of overseas and military ballots in RCW 29A.40.070 (as
recodified by this act) apply to elections conducted by mail ballot.
(3) The county auditor shall notify each registered voter by mail
that for all future primaries and elections the voting will be by mail
ballot only.
(((4) If the county legislative authority and county auditor
determine under subsection (1) of this section, or if the county
auditor determines under subsection (2) of this section, to return to
a polling place election environment, the auditor shall notify each
registered voter, by mail, of this and shall provide the address of the
polling place to be used.)) (3) The county auditor shall notify by mail
each registered voter not already notified that all future primaries
and elections will be conducted by mail. The notice must include
information on the availability of voting centers in the event that the
voter wishes to continue to vote in person.
Sec. 76 RCW 29A.48.040 and 2003 c 111 s 1204 are each amended to
read as follows:
(1) ((If a county auditor conducts an election by mail,)) The
county auditor shall designate one or more places for the deposit of
ballots not returned by mail. The places designated under this section
shall be open on the date of the election for a period of thirteen
hours, beginning at 7:00 a.m. and ending at 8:00 p.m.
(2) A registered voter may obtain a replacement ballot as provided
in this subsection. A voter may request a replacement mail ballot in
person, by mail, by telephone, or by other electronic transmission for
himself or herself and for any member of his or her immediate family.
The request must be received by the auditor before 8:00 p.m. on
election day. The county auditor shall keep a record of each
replacement ballot issued, including the date of the request.
Replacement mail ballots may be counted in the final tabulation of
ballots only if the original ballot is not received by the county
auditor and the replacement ballot meets all requirements for
tabulation necessary for the tabulation of regular mail ballots.
Sec. 77 RCW 29A.48.060 and 2003 c 111 s 1206 are each amended to
read as follows:
((All mail ballots authorized by RCW 29A.48.010, 29A.48.020, or
29A.48.030 must contain the same offices, names of nominees or
candidates, and propositions to be voted upon, including precinct
offices, as if the ballot had been voted in person at the polling
place. Except as otherwise provided by law, mail ballots must be
treated in the same manner as absentee ballots issued at the request of
the voter.)) If electronic vote tallying devices are used, political
party observers must be given the opportunity to be present, and a test
of the equipment must be performed as required by RCW 29A.12.130 before
tabulating ballots. Political party observers may select at random
ballots to be counted manually as provided by RCW 29A.60.170.
Sec. 78 RCW 29A.52.141 and 2004 c 271 s 141 are each amended to
read as follows:
Instructions for voting a consolidated ballot or a physically
separate ballot, whichever is applicable, must appear, at the very
least, in:
(1) Any primary voters' pamphlet prepared by the secretary of state
or a local government if a partisan office will appear on the ballot;
(2) Instructions that accompany any partisan primary ballot;
(3) Any notice of a partisan primary published in compliance with
RCW 29A.52.311;
(4) A sample ballot prepared by a county auditor under RCW
29A.36.151 for a partisan primary;
(5) The web site of the office of the secretary of state and any
existing web site of a county auditor's office; and
(6) Every ((polling place)) voting center.
Sec. 79 RCW 29A.52.311 and 2004 c 271 s 145 are each amended to
read as follows:
Not more than ((ten)) forty nor less than ((three)) twenty days
before the primary the county auditor shall publish notice of such
primary in one or more newspapers of general circulation within the
county. The notice must contain the proper party designations, the
names and addresses of all persons who have filed a declaration of
candidacy to be voted upon at that primary, instructions for voting the
applicable ballot, as provided in chapter 29A.36 RCW, the hours during
which the ((polls)) voting centers will be open, and ((the polling
places for each precinct, giving)) the address of each ((polling
place)) voting center. The names of all candidates for nonpartisan
offices must be published separately with designation of the offices
for which they are candidates but without party designation. This is
the only notice required for the holding of any primary.
Sec. 80 RCW 29A.52.351 and 2004 c 271 s 175 are each amended to
read as follows:
Except as provided in RCW 29A.32.260, notice for any state, county,
district, or municipal election, whether special or general, must be
given by at least one publication not more than ((ten)) forty nor less
than ((three)) twenty days before the election by the county auditor or
the officer conducting the election as the case may be, in one or more
newspapers of general circulation within the county. The legal notice
must contain the title of each office under the proper party
designation, the names and addresses of all officers who have been
nominated for an office to be voted upon at that election, together
with the ballot titles of all measures, the hours during which the
((polls)) voting centers will be open, and ((the polling places for
each precinct, giving)) the address of each ((polling place)) voting
center. The names of all candidates for nonpartisan offices must be
published separately with designation of the offices for which they are
candidates but without party designation. This is the only notice
required for a state, county, district, or municipal general or special
election and supersedes the provisions of any and all other statutes,
whether general or special in nature, having different requirements for
the giving of notice of any general or special election((s)).
Sec. 81 RCW 29A.53.080 and 2005 c 153 s 8 are each amended to
read as follows:
Ballots for elections conducted under the instant runoff voting
method should be clear and easily understood. Sample ballots
illustrating voting procedures must be posted in ((or near)) voting
((booths)) centers and included within instruction packets for
((absentee)) mail ballots. Directions provided to voters must conform
substantially to the following specifications:
"You may choose a maximum of three candidates for each office in order of preference. Indicate your first choice designation by marking the number "1" beside a candidate's name (or by marking in the column labeled "First Choice"). Indicate your second choice designation by marking the number "2" beside a candidate's name (or by marking in the column labeled "Second Choice"). Indicate your third choice designation by marking the number "3" beside a candidate's name (or by marking in the column labeled "Third Choice"). You are not required to choose more than one candidate for each office. Designating two or more candidates in order of preference will not affect your first choice designation. Do not mark the same designation number beside more than one candidate or put more than one mark in each column for the office on which you are voting. Do not skip designation numbers."
Sec. 82 RCW 29A.56.010 and 2003 c 111 s 1401 are each amended to
read as follows:
The people of the state of Washington declare that:
(1) The current presidential nominating caucus system in Washington
state is unnecessarily restrictive of voter participation in that it
discriminates against the elderly, the infirm, women, ((the disabled))
people with disabilities, evening workers, and others who are unable to
attend caucuses and therefore unable to fully participate in this most
important quadrennial event that occurs in our democratic system of
government.
(2) It is the intent of this chapter to make the presidential
selection process more open and representative of the will of the
people of our state.
(3) A presidential primary will afford the maximum opportunity for
voter access by mail ballot and at ((regular polling places)) voting
centers during the daytime and evening hours convenient to the most
people.
(4) This state's participation in the selection of presidential
candidates shall be in accordance with the will of the people as
expressed in a presidential preference primary.
(5) It is the intent of this chapter, to the maximum extent
practicable, to continue to reserve to the political parties the right
to conduct their delegate selection as prescribed by party rules
insofar as it reflects the will of the people as expressed in a
presidential primary election conducted every four years in the manner
described by this chapter.
Sec. 83 RCW 29A.56.490 and 2003 c 111 s 1438 are each amended to
read as follows:
The election officials shall count and determine the number of
votes cast for each individual; and shall also count and determine the
aggregate number of votes cast for all candidates whose names appear
under each of the respective headings. Where more than the required
number have been voted for, the ballot must be rejected. ((The figures
determined by the various counts must be entered in the poll books of
the respective precincts.)) The vote must be canvassed in each county
by the county canvassing board, and certificate of results must within
fifteen days after the election be transmitted to the secretary of
state. Upon receiving the certificate, the secretary of state may
require returns ((or poll books)) from any county precinct to be
forwarded for the secretary's examination.
Where a district embraces precincts of more than one county, the
secretary of state shall combine the votes from all the precincts
included in each district. The delegates elected in each district will
be the number of candidates corresponding to the number of state
representatives from the district, who receive the highest number of
votes in the group (either "for" or "against") that received an
aggregate number of votes for all candidates in the group greater than
the aggregate number of votes for all the candidates in the other
group. The secretary of state shall issue certificates of election to
the delegates so elected.
Sec. 84 RCW 29A.60.010 and 2003 c 111 s 1501 are each amended to
read as follows:
All elections, whether special or general, held under RCW
((29A.04.320)) 29A.04.321 and 29A.04.330 must be conducted by the
county auditor as ex officio county supervisor of elections and, except
as provided in RCW 29A.60.240, the returns canvassed by the county
canvassing board.
Sec. 85 RCW 29A.60.030 and 2004 c 266 s 16 are each amended to
read as follows:
Except as provided by rule under RCW ((29A.04.610)) 29A.04.611, on
the day of the primary or election, the tabulation of ballots ((at the
polling place or at the counting center)) shall proceed without
interruption or adjournment until all of the ballots cast ((at the
polls at)) for that primary or election ready for tabulation have been
tabulated.
Sec. 86 RCW 29A.60.040 and 2003 c 111 s 1504 are each amended to
read as follows:
A ballot is invalid and no votes on that ballot may be counted if
it is found folded together with another ballot or it is marked so as
to identify the voter.
Those parts of a ballot are invalid and no votes may be counted for
those issues or offices where more votes are cast for the office or
issue than are permitted by law; write-in votes do not contain all of
the information required under RCW ((29A.60.020)) 29A.60.021; or that
issue or office is not marked with sufficient definiteness to determine
the voter's choice or intention. No write-in vote may be rejected due
to a variation in the form of the name if ((the election board or)) the
canvassing board can determine the issue for or against which or the
person and the office for which the voter intended to vote.
Sec. 87 RCW 29A.60.050 and 2005 c 243 s 13 are each amended to
read as follows:
Whenever the ((precinct)) election officers or the counting center
personnel have a question about the validity of a ballot or the votes
for an office or issue that they are unable to resolve, they shall
prepare and sign a concise record of the facts in question or dispute.
These ballots shall be delivered to the canvassing board for
processing. A ballot is not considered rejected until the canvassing
board has rejected the ballot individually, or the ballot was included
in a batch or on a report of ballots that was rejected in its entirety
by the canvassing board. All ballots shall be preserved in the same
manner as valid ballots for that primary or election.
Sec. 88 RCW 29A.60.070 and 2005 c 274 s 249 and 2005 c 243 s 14
are each reenacted and amended to read as follows:
The county auditor shall produce unofficial cumulative and precinct
returns for each primary and election and deliver them to the
canvassing board for verification and certification. The precinct and
cumulative returns of any primary or election are public records under
chapter 42.56 RCW.
Cumulative returns for state offices, judicial offices, the United
States senate, and congress must be electronically transmitted to the
secretary of state immediately.
Sec. 89 RCW 29A.60.110 and 2003 c 111 s 1511 are each amended to
read as follows:
Immediately after their tabulation, all ballots counted at a ballot
counting center must be sealed in containers that identify the primary
or election and be retained for at least sixty days or according to
federal law, whichever is longer. All ballots ((tallied by poll-site
ballot counting devices)) collected at voting centers must be returned
to the elections department in sealed ballot containers on election
day. Counties composed entirely of islands or portions of counties
composed of islands shall collect the ballots ((within twenty-four
hours of the close of the polls)) no later than the day after election
day.
((Ballots tabulated in poll-site ballot counting devices must be
sealed by two of the election precinct officers at the polling place,
and a log of the seal and the names of the people sealing the container
must be completed. One copy of this log must be retained by the
inspector, one copy must be placed in the ballot transfer case, and one
copy must be transported with the ballots to the elections department,
where the seal number must be verified by the county auditor or a
designated representative. Ballots may be transported by one election
employee if the container is sealed at the poll and then verified when
returned to the elections department. Auditors using poll-site ballot
counting devices may conduct early pickup of counted ballots on
election day.))
In the presence of major party observers who are available, ballots
may be removed from the sealed containers at the elections department
and consolidated into one sealed container for storage purposes. The
containers may only be opened by the canvassing board as part of the
canvass, or to conduct recounts, or under RCW 29A.60.170(((3))), or by
order of the superior court in a contest or election dispute. If the
canvassing board opens a ballot container, it shall make a full record
of the additional tabulation or examination made of the ballots. This
record must be added to any other record of the canvassing process in
that county.
Sec. 90 RCW 29A.60.120 and 2003 c 111 s 1512 are each amended to
read as follows:
(1) ((The ballots picked up from the precincts during the polling
hours may be counted only at the counting center before the polls have
closed. Election returns from the count of these ballots must be held
in secrecy until the polls have been closed.)) All voted ballots must be manually inspected for
damage, write-in votes, and incorrect or incomplete marks. If it is
found that any ballot is damaged so that it cannot properly be counted
by the vote tallying system, a true duplicate copy must be made of the
damaged ballot in the presence of witnesses and substituted for the
damaged ballot. All damaged ballots must be kept by the county auditor
until sixty days after the primary or election or according to federal
law, whichever is longer.
(2) Upon breaking the seals and opening the ballot containers from
the precincts,
(((3))) (2) The returns produced by the vote tallying system, to
which have been added the counts of questioned ballots((,)) and write-in votes((, and absentee votes)), constitute the official returns of
the primary or election in that county.
Sec. 91 RCW 29A.60.160 and 2007 c 373 s 1 are each amended to
read as follows:
(1) Except for an election conducted under the instant runoff
voting method for the pilot project authorized by RCW 29A.53.020, the
county auditor, as delegated by the county canvassing board, shall
process ((absentee)) ballots and canvass the votes cast at that primary
or election on a daily basis in counties with a population of seventy-five thousand or more, or at least every third day for counties with a
population of less than seventy-five thousand, if the county auditor is
in possession of more than five hundred ballots that have yet to be
canvassed.
(2) Saturdays, Sundays, and legal holidays are not counted for
purposes of this section.
(3) In order to protect the secrecy of a ballot, the county auditor
may use discretion to decide when to process ((absentee)) ballots and
canvass the votes.
(4) Tabulation results must be made available to the public
immediately upon completion of the canvass.
Sec. 92 RCW 29A.60.160 and 2007 c 373 s 2 are each amended to
read as follows:
(1) The county auditor, as delegated by the county canvassing
board, shall process ((absentee)) ballots and canvass the votes cast at
that primary or election on a daily basis in counties with a population
of seventy-five thousand or more, or at least every third day for
counties with a population of less than seventy-five thousand, if the
county auditor is in possession of more than five hundred ballots that
have yet to be canvassed.
(2) Saturdays, Sundays, and legal holidays are not counted for
purposes of this section.
(3) In order to protect the secrecy of a ballot, the county auditor
may use discretion to decide when to process ((absentee)) ballots and
canvass the votes.
(4) Tabulation results must be made available to the public
immediately upon completion of the canvass.
Sec. 93 RCW 29A.60.165 and 2006 c 209 s 4 and 2006 c 208 s 1 are
each reenacted and amended to read as follows:
(1) If the voter neglects to sign the outside envelope of ((an
absentee)) a mail or provisional ballot, the auditor shall notify the
voter by first-class mail and advise the voter of the correct
procedures for completing the unsigned affidavit. If the ((absentee))
ballot is received within three business days of the final meeting of
the canvassing board, or the voter has been notified by first-class
mail and has not responded at least three business days before the
final meeting of the canvassing board, then the auditor shall attempt
to notify the voter by telephone, using the voter registration record
information. In order for the ballot to be counted, the voter must
either:
(a) Appear in person and sign the envelope no later than the day
before the certification of the primary or election; or
(b) Sign a copy of the envelope provided by the auditor, and return
it to the auditor no later than the day before the certification of the
primary or election.
(2)(a) If the handwriting of the signature on ((an absentee)) a
mail or provisional ballot envelope is not the same as the handwriting
of the signature on the registration file, the auditor shall notify the
voter by first-class mail, enclosing a copy of the envelope affidavit,
and advise the voter of the correct procedures for updating his or her
signature on the voter registration file. If the ((absentee)) mail or
provisional ballot is received within three business days of the final
meeting of the canvassing board, or the voter has been notified by
first-class mail and has not responded at least three business days
before the final meeting of the canvassing board, then the auditor
shall attempt to notify the voter by telephone, using the voter
registration record information. In order for the ballot to be
counted, the voter must either:
(i) Appear in person and sign a new registration form no later than
the day before the certification of the primary or election; or
(ii) Sign a copy of the affidavit provided by the auditor and
return it to the auditor no later than the day before the certification
of the primary or election. The voter may enclose with the affidavit
a photocopy of a valid government or tribal issued identification
document that includes the voter's current signature. If the signature
on the copy of the affidavit does not match the signature on file or
the signature on the copy of the identification document, the voter
must appear in person and sign a new registration form no later than
the day before the certification of the primary or election in order
for the ballot to be counted.
(b) If the signature on ((an absentee)) a mail or provisional
ballot envelope is not the same as the signature on the registration
file because the name is different, the ballot may be counted as long
as the handwriting is clearly the same. The auditor shall send the
voter a change-of-name form under RCW 29A.08.440 and direct the voter
to complete the form.
(c) If the signature on ((an absentee)) a mail or provisional
ballot envelope is not the same as the signature on the registration
file because the voter used initials or a common nickname, the ballot
may be counted as long as the surname and handwriting are clearly the
same.
(3) A voter may not cure a missing or mismatched signature for
purposes of counting the ballot in a recount.
(4) A record must be kept of all ballots with missing and
mismatched signatures. The record must contain the date on which the
voter was contacted or the notice was mailed, as well as the date on
which the voter signed the envelope, a copy of the envelope, a new
registration form, or a change-of-name form. That record is a public
record under chapter 42.56 RCW and may be disclosed to interested
parties on written request.
Sec. 94 RCW 29A.60.170 and 2007 c 373 s 3 are each amended to
read as follows:
(1) The counting center ((in a county using voting systems)) is
under the direction of the county auditor ((and)). Ballot processing
and counting must be observed by one representative from each major
political party, if representatives have been appointed by the
respective major political parties and these representatives are
present while the counting center is operating. The proceedings must
be open to the public, but no persons except those employed and
authorized by the county auditor may touch any ballot or ballot
container or operate a vote tallying system.
(2) ((In counties in which ballots are not counted at the polling
place, the official political party observers, upon mutual agreement,
may request that a precinct be selected at random on receipt of the
ballots from the polling place and that a manual count be made of the
number of ballots and of the votes cast on any office or issue. The
ballots for that precinct must then be counted by the vote tallying
system, and this result will be compared to the results of the manual
count. This may be done as many as three times during the tabulation
of ballots on the day of the primary or election.)) A random check of the
ballot counting equipment may be conducted upon mutual agreement of the
political party observers or at the discretion of the county auditor.
The random check procedures must be adopted by the county canvassing
board prior to the processing of ballots. The random check process
shall involve a comparison of a manual count to the machine count and
may involve up to either three precincts or six batches depending on
the ballot counting procedures in place in the county. The random
check will be limited to one office or issue on the ballots in the
precincts or batches that are selected for the check. The selection of
the precincts or batches to be checked must be selected according to
procedures established by the county canvassing board and the check
must be completed no later than forty-eight hours after election day.
(3) In counties using poll-site ballot counting devices, the
political party observers, upon mutual agreement, may choose as many as
three precincts and request that a manual count be made of the number
of ballots and the votes cast on any office or issue. The results of
this count will be compared to the count of the precinct made by the
poll-site ballot counting device. These selections must be made no
later than thirty minutes after the close of the polls. The manual
count must be completed within forty-eight hours after the close of the
polls. The process must take place at a location designated by the
county auditor for that purpose. The political party observers must
receive timely notice of the time and location, and have the right to
be present. However, the process must proceed as scheduled if the
observers are unable to attend.
(4) In counties voting entirely by mail,
Sec. 95 RCW 29A.60.180 and 2003 c 111 s 1518 are each amended to
read as follows:
Each registered voter casting ((an absentee)) a valid ballot will
be credited with voting on his or her voter registration record.
((Absentee ballots must be retained for the same length of time and in
the same manner as ballots cast at the precinct polling places.))
Sec. 96 RCW 29A.60.190 and 2006 c 344 s 16 are each amended to
read as follows:
(1) Before canvassing the returns of a primary or election, the
chair of the county legislative authority or the chair's designee shall
administer an oath to the county auditor or the auditor's designee
attesting to the authenticity of the information presented to the
canvassing board. This oath must be signed by the county auditor or
designee and filed with the returns of the primary or election.
(2) The county auditor shall provide:
(a) Precinct and cumulative returns for each race and measure. The
county auditor may aggregate results from more than one precinct if,
pursuant to rules adopted by the secretary of state, the auditor finds
that reporting a single precinct's results would jeopardize the secrecy
of a person's ballot;
(b) The number of voters eligible to vote and the number of voters
credited with voting;
(c) A reconciliation report required by RCW 29A.60.235; and
(d) A report explaining any unresolved anomalies or issues.
(3) Once the results are verified, the county canvassing board
shall execute a certification of the primary or election signed by all
members of the board or their designees. Failure to certify the
returns, if they can be ascertained with reasonable certainty, is a
crime under RCW 29A.84.720.
(4) Except as provided by subsection (((3))) (5) of this section,
fifteen days after a primary or special election and twenty-one days
after a general election, the county canvassing board shall complete
the canvass and certify the results. Each ((absentee)) ballot that was
returned before ((the closing of the polls)) 8:00 p.m. on the date of
the primary or election, and each ((absentee)) ballot bearing a
postmark on or before the date of the primary or election and received
on or before the date on which the primary or election is certified,
must be included in the canvass report.
(((2) At the request of a 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 of representatives.)) (5) On or before the thirtieth day after an election
conducted under the instant runoff voting method for the pilot project
authorized by RCW 29A.53.020, the canvassing board shall complete the
canvass and certify the results.
(3)
Sec. 97 RCW 29A.60.190 and 2006 c 344 s 17 are each amended to
read as follows:
(1) Before canvassing the returns of a primary or election, the
chair of the county legislative authority or the chair's designee shall
administer an oath to the county auditor or the auditor's designee
attesting to the authenticity of the information presented to the
canvassing board. This oath must be signed by the county auditor or
designee and filed with the returns of the primary or election.
(2) The county auditor shall provide:
(a) Precinct and cumulative returns for each race and measure. The
county auditor may aggregate results from more than one precinct if,
pursuant to rules adopted by the secretary of state, the auditor finds
that reporting a single precinct's results would jeopardize the secrecy
of a person's ballot;
(b) The number of voters eligible to vote and the number of voters
credited with voting;
(c) A reconciliation report required by RCW 29A.60.235; and
(d) A report explaining any unresolved anomalies or issues.
(3) Once the results are verified, the county canvassing board
shall execute a certification of the primary or election signed by all
members of the board or their designees. Failure to certify the
returns, if they can be ascertained with reasonable certainty, is a
crime under RCW 29A.84.720.
(4) Fifteen days after a primary or special election and twenty-one
days after a general election, the county canvassing board shall
complete the canvass and certify the results. Each ((absentee)) ballot
that was returned before ((the closing of the polls)) 8:00 p.m. on the
date of the primary or election, and each ((absentee)) ballot bearing
a postmark on or before the date of the primary or election and
received on or before the date on which the primary or election is
certified, must be included in the canvass report.
(((2) At the request of a 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 of representatives.))
Sec. 98 RCW 29A.60.230 and 2003 c 111 s 1523 are each amended to
read as follows:
(1) Immediately after ((the official results of)) a state primary
or general election ((in a county are ascertained)) is certified by the
county canvassing board, the county auditor ((or other election officer
shall make an abstract of the number of registered voters in each
precinct and of all the votes cast in the county at such state primary
or general election for and against state measures and for each
candidate for federal, state, and legislative office or for any other
office which the secretary of state is required by law to canvass. The
cumulative report of the election and a copy of the certificate of the
election must be transmitted to the secretary of state immediately,
through electronic means and mailed with the abstract of votes no later
than the next business day following the certification by the county
canvassing board)) shall electronically transmit the cumulative returns
for all state ballot measures, the United States senate, congress,
statewide offices, legislative districts, and judicial districts.
(2) ((After each general election, the county auditor or other
election officer shall provide to the secretary of state a report of
the number of absentee ballots cast in each precinct for and against
state measures and for each candidate for federal, state, and
legislative office or for any other office which the secretary of state
is required by law to canvass. The report may be included in the
abstract required by this section or may be transmitted to the
secretary of state separately, but in no event later than March 31st of
the year following the election. Absentee ballot results may be
incorporated into votes cast at the polls for each precinct or may be
reported separately on a precinct-by-precinct basis.)) No later than the
next business day following certification by the county canvassing
board, the county auditor must mail to the secretary of state:
(3) If absentee ballot results are not incorporated into votes cast
at the polls, the county auditor or other election official may
aggregate results from more than one precinct if the auditor, pursuant
to rules adopted by the secretary of state, finds that reporting a
single precinct's absentee ballot results would jeopardize the secrecy
of a person's ballot. To the extent practicable, precincts for which
absentee results are aggregated must be contiguous
(a) Precinct and cumulative returns for all state ballot measures,
the United States senate, congress, statewide offices, legislative
districts, and judicial districts;
(b) A copy of the certification of election;
(c) A copy of the number of voters eligible to vote and the number
of voters credited with voting; and
(d) A copy of the reconciliation report required by RCW 29A.60.235.
Sec. 99 RCW 29A.60.235 and 2005 c 243 s 11 are each amended to
read as follows:
(((1))) The county auditor shall prepare, make publicly available
at the auditor's office or on the auditor's web site, and submit at the
time of certification an election reconciliation report that discloses
the following information:
(((a))) (1) The total number of registered voters and the total
number of voters credited with voting;
(((b))) (2) The number of ballots counted plus the number of
ballots rejected equals the number of ballots received;
(((c))) (3) The number of provisional ballots issued, counted,
rejected, and received;
(((d) The number of provisional ballots counted;)) (4) The number of ((
(e) The number of provisional ballots rejected;
(f)absentee)) mail ballots issued, counted,
rejected, and received;
(((g) The number of absentee ballots counted;)) (5) The number of ballots cast on a direct recording
electronic voting device;
(h) The number of absentee ballots rejected;
(i)
(6) The number of federal write-in ballots counted, rejected, and
received;
(((j))) (7) The number of ((out-of-state,)) overseas((,)) and
service ballots issued, counted, rejected, and received;
(((k) The number of out-of-state, overseas, and service ballots
counted; and)) (8) Any other information the auditor deems necessary to
reconcile the number of ballots counted with the number of voters
credited with voting.
(l) The number of out-of-state, overseas, and service ballots
rejected.
(2) The county auditor shall prepare and make publicly available at
the auditor's office or on the auditor's web site within thirty days of
certification a final election reconciliation report that discloses the
following information:
(a) The number of registered voters;
(b) The total number of voters credited with voting;
(c) The number of poll voters credited with voting;
(d) The number of provisional voters credited with voting;
(e) The number of absentee voters credited with voting;
(f) The number of federal write-in voters credited with voting;
(g) The number of out-of-state, overseas, and service voters
credited with voting;
(h) The total number of voters credited with voting even though
their ballots were postmarked after election day and were not counted;
and
(i)
(((3) The county auditor may also prepare such reports for
jurisdictions located, in whole or in part, in the county.))
Sec. 100 RCW 29A.64.041 and 2004 c 271 s 179 are each amended to
read as follows:
(1) At the time and place established for a recount, the canvassing
board or its duly authorized representatives, in the presence of all
witnesses who may be in attendance, shall open the sealed containers
containing the ballots to be recounted, and shall recount the votes for
the offices or issues for which the recount has been ordered. Ballots
shall be handled only by the members of the canvassing board or their
duly authorized representatives.
Witnesses shall be permitted to observe the ballots and the process
of tabulating the votes, but they shall not be permitted to handle the
ballots. The canvassing board shall not permit the tabulation of votes
for any nomination, election, or issue other than the ones for which a
recount was applied for or required.
(2) At any time before the ballots from all of the precincts listed
in the application for the recount have been recounted, the applicant
may file with the board a written request to stop the recount.
(3) The recount may be observed by persons representing the
candidates affected by the recount or the persons representing both
sides of an issue that is being recounted. The observers may not make
a record of the names, addresses, or other information on the
ballots((, poll books, or applications for absentee ballots)) unless
authorized by the superior court. The secretary of state or county
auditor may limit the number of observers to not less than two on each
side if, in his or her opinion, a greater number would cause undue
delay or disruption of the recount process.
Sec. 101 RCW 29A.80.041 and 2004 c 271 s 148 are each amended to
read as follows:
(1) Any member of a major political party who is a registered voter
in the precinct may upon payment of a fee of one dollar file his or her
declaration of candidacy as prescribed under RCW 29A.24.031 with the
county auditor for the office of precinct committee officer of his or
her party in that precinct. When elected at the primary, the precinct
committee officer shall serve so long as the committee officer remains
an eligible voter in that precinct.
(2) In each even-numbered year, the county central committee of a
major political party may opt to designate four precinct committee
officer positions in any precinct that has at least two thousand active
registered voters as of the day of the general election in the previous
odd-numbered year. If a county central committee decides to exercise
this option, it must notify the county auditor no later than March 31st
of the even-numbered year. The county auditor must designate position
numbers for the four precinct committee officer positions prior to
accepting any declarations of candidacy. Consistent with RCW
29A.80.051, the term of office for the four positions is two years,
commencing the first day of December following the primary.
Sec. 102 RCW 29A.84.050 and 2005 c 243 s 23 are each amended to
read as follows:
A person who knowingly destroys, alters, defaces, conceals, or
discards a completed voter registration form or a signed ((absentee or
provisional)) ballot ((signature)) affidavit is guilty of a gross
misdemeanor. This section does not apply to (1) the voter who
completed the voter registration form, or (2) a county auditor or
registration assistant who acts as authorized by voter registration
law.
Sec. 103 RCW 29A.84.510 and 2003 c 111 s 2121 are each amended to
read as follows:
(1) ((On the day of any primary or general or special election))
Whenever any building or facility or part of a building or facility is
being operated as a voting center, no person may, within a ((polling
place)) voting center, or in any public area within three hundred feet
of any entrance to such ((polling place)) voting center:
(a) Suggest or persuade or attempt to suggest or persuade any voter
to vote for or against any candidate or ballot measure;
(b) Circulate cards or handbills of any kind;
(c) Solicit signatures to any kind of petition; or
(d) Engage in any practice which interferes with the freedom of
voters to exercise their franchise or disrupts the administration of
the ((polling place)) voting center.
(2) No person may obstruct the doors or entries to a building in
which a ((polling place)) voting center is located or prevent free
access to and from any ((polling place)) voting center. Any sheriff,
deputy sheriff, or municipal law enforcement officer shall prevent such
obstruction, and may arrest any person creating such obstruction.
(3) No person may:
(a) ((Except as provided in RCW 29A.44.050, remove any ballot from
the polling place before the closing of the polls)) Remove any ballot
or paper record from a voting center, ballot drop-off site, or counting
center without lawful authority; or
(b) Solicit any voter to show his or her ballot.
(4) ((No person other than an inspector or judge of election may
receive from any voter a voted ballot or deliver a blank ballot to such
elector.)) Any violation of this section is a gross misdemeanor,
punishable to the same extent as a gross misdemeanor that is punishable
under RCW 9A.20.021, and the person convicted may be ordered to pay the
costs of prosecution.
(5)
Sec. 104 RCW 29A.84.550 and 2003 c 111 s 2125 are each amended to
read as follows:
Any person who willfully defaces, removes, or destroys any of the
supplies or materials that the person knows are intended ((both)) for
use in a ((polling place and)) voting center or for enabling a voter to
prepare his or her ballot is guilty of a class C felony punishable
under RCW 9A.20.021.
Sec. 105 RCW 29A.84.730 and 2003 c 111 s 2139 are each amended to
read as follows:
(1) In any location in which ballots are counted, no person
authorized by law to be present while votes are being counted may
divulge any results of the count of the ballots at any time prior to
((the closing of the polls for)) 8:00 p.m. on the day of that primary
or special or general election.
(2) A violation of this section is a gross misdemeanor punishable
to the same extent as a gross misdemeanor that is punishable under RCW
9A.20.021.
Sec. 106 RCW 36.83.110 and 1996 c 292 s 4 are each amended to
read as follows:
Any registered voter residing within the boundaries of the road and
bridge service district may file a referendum petition to call an
election to retain any or all commissioners. Any referendum petition
to call such election shall be filed with the county auditor no later
than one year before the end of a commissioner's term. Within ten days
of the filing of a petition, the county auditor shall confer with the
petitioner concerning form and style of the petition, issue an
identification number for the petition, and write a ballot title for
the measure. The ballot title shall be posed as a question: "Shall
(name of commissioner) be retained as a road and bridge service
district commissioner?" and the question shall be posed separately for
each commissioner. The petitioner shall be notified of the
identification number and ballot title within this ten-day period.
After this notification, the petitioner shall have thirty days in
which to secure on petition forms the signatures of not less than
twenty-five percent of the registered voters residing within the
boundaries of the service district and file the signed petitions with
the county auditor. Each petition form shall contain the ballot title.
The county auditor shall verify the sufficiency of the signatures on
the petitions. If sufficient valid signatures are properly submitted,
the county auditor shall submit the referendum measure to the
registered voters residing in the service district in a special
election no later than one hundred twenty days after the signed
petition has been filed with the county auditor. The special election
may be conducted by mail ballot as provided for in chapter ((29.36))
29A.48 RCW.
The office of any commissioner for whom there is not a majority
vote to retain shall be declared vacant.
Sec. 107 RCW 85.38.125 and 1991 c 349 s 15 are each amended to
read as follows:
(1) If a special district has less than five hundred qualified
voters, then the special district must contract with the county auditor
to conduct the special district elections. The county auditor has the
discretion as to whether to conduct the election by mail.
(2) If a special district has at least five hundred qualified
voters, the special district may contract with the county auditor to
staff the voting site during the election or contract with the county
auditor to conduct the election by mail. A special district with at
least five hundred qualified voters may also choose to conduct its own
elections. A special district that conducts its own elections must
enter into an agreement with the county auditor that specifies the
responsibilities of both parties.
(3) ((If the county auditor conducts a special district election by
mail, then)) The provisions of chapter ((29.36)) 29A.48 RCW, which
govern elections by mail((, except for the requirements of RCW
29.36.120)), shall apply.
Sec. 108 RCW 90.72.040 and 1997 c 447 s 20 are each amended to
read as follows:
(1) The county legislative authority may create a shellfish
protection district on its own motion or by submitting the question to
the voters of the proposed district and obtaining the approval of a
majority of those voting. The boundaries of the district shall be
determined by the legislative authority. The legislative authority may
create more than one district. A district may include any area or
areas within the county, whether incorporated or unincorporated.
Counties shall coordinate and cooperate with cities, towns, and water-related special districts within their boundaries in establishing
shellfish protection districts and carrying out shellfish protection
programs. Where a portion of the proposed district lies within an
incorporated area, the county shall develop procedures for the
participation of the city or town in the determination of the
boundaries of the district and the administration of the district,
including funding of the district's programs. The legislative
authority of more than one county may by agreement provide for the
creation of a district including areas within each of those counties.
County legislative authorities are encouraged to coordinate their plans
and programs to protect shellfish growing areas, especially where
shellfish growing areas are located within the boundaries of more than
one county. The legislative authority or authorities creating a
district may abolish a shellfish protection district on its or their
own motion or by submitting the question to the voters of the district
and obtaining the approval of a majority of those voting.
(2) If the county legislative authority creates a shellfish
protection district by its own motion, any registered voter residing
within the boundaries of the shellfish protection district may file a
referendum petition to repeal the ordinance that created the district.
Any referendum petition to repeal the ordinance creating the shellfish
protection district shall be filed with the county auditor within seven
days of passage of the ordinance. Within ten days of the filing of a
petition, the county auditor shall confer with the petitioner
concerning form and style of the petition, issue an identification
number for the petition, and write a ballot title for the measure. The
ballot title shall be posed as a question so that an affirmative answer
to the question and an affirmative vote on the measure results in
creation of the shellfish protection district and a negative answer to
the question and a negative vote on the measure results in the
shellfish protection district not being created. The petitioner shall
be notified of the identification number and ballot title within this
ten-day period.
After this notification, the petitioner shall have thirty days in
which to secure on petition forms the signatures of not less than
twenty-five percent of the registered voters residing within the
boundaries of the shellfish protection district and file the signed
petitions with the county auditor. Each petition form shall contain
the ballot title and full text of the measure to be referred. The
county auditor shall verify the sufficiency of the signatures on the
petitions. If sufficient valid signatures are properly submitted, the
county auditor shall submit the referendum measure to the registered
voters residing in the shellfish protection district in a special
election no later than one hundred twenty days after the signed
petition has been filed with the county auditor. The special election
((may)) shall be conducted by mail ballot as provided for in chapter
((29.36)) 29A.48 RCW.
(3) The county legislative authority shall not impose fees, rates,
or charges for shellfish protection district programs upon properties
on which fees, rates, or charges are imposed under chapter 36.89 or
36.94 RCW for substantially the same programs and services.
NEW SECTION. Sec. 109 RCW 29A.40.061, 29A.40.070, 29A.40.080,
29A.40.091, 29A.40.100, 29A.40.110, 29A.40.120, and 29A.40.150 are each
recodified as sections in chapter 29A.48 RCW.
NEW SECTION. Sec. 110 RCW 29A.44.430 is recodified as a section
in chapter 29A.80 RCW.
NEW SECTION. Sec. 111 The following acts or parts of acts are
each repealed:
(1) RCW 29A.16.020 (Alternative polling places or procedures) and
2003 c 111 s 402, 1999 c 298 s 15, & 1985 c 205 s 5;
(2) RCW 29A.16.030 (Costs for modifications -- Alternatives -- Election
costs) and 2003 c 111 s 403, 1999 c 298 s 20, & 1985 c 205 s 12;
(3) RCW 29A.16.110 (Polling place -- May be located outside precinct)
and 2003 c 111 s 407 & 1965 c 9 s 29.48.005;
(4) RCW 29A.16.140 (Inaccessible polling places -- Auditors' list)
and 2003 c 111 s 410;
(5) RCW 29A.16.150 (Polling places -- Accessibility required,
exceptions) and 2003 c 111 s 411;
(6) RCW 29A.16.170 (County auditors -- Notice of accessibility) and
2003 c 111 s 413;
(7) RCW 29A.40.010 (When permitted) and 2003 c 111 s 1001;
(8) RCW 29A.40.020 (Request for single ballot) and 2003 c 111 s
1002 & 2001 c 241 s 2;
(9) RCW 29A.40.030 (Request on behalf of family member) and 2003 c
111 s 1003;
(10) RCW 29A.40.040 (Ongoing status -- Request -- Termination) and 2003
c 111 s 1004;
(11) RCW 29A.40.050 (Special ballots) and 2003 c 111 s 1005, 2001
c 241 s 5, 1991 c 81 s 35, & 1987 c 346 s 21;
(12) RCW 29A.40.130 (Record of requests -- Public access) and 2003 c
111 s 1013;
(13) RCW 29A.40.140 (Challenges) and 2006 c 320 s 8 & 2003 c 111 s
1014;
(14) RCW 29A.44.020 (List of who has and who has not voted) and
2003 c 111 s 1102, 1977 ex.s. c 361 s 83, & 1965 c 9 s 29.51.125;
(15) RCW 29A.44.080 (Polls open continuously -- Announcement of
closing) and 2003 c 111 s 1108;
(16) RCW 29A.44.110 (Delivery of supplies) and 2003 c 111 s 1110;
(17) RCW 29A.44.120 (Delivery of precinct lists to polls) and 2003
c 111 s 1111;
(18) RCW 29A.44.130 (Additional supplies for paper ballots) and
2003 c 111 s 1112 & 1977 ex.s. c 361 s 82;
(19) RCW 29A.44.180 (Opening the polls) and 2003 c 111 s 1117;
(20) RCW 29A.44.201 (Issuing ballot to voter--Challenge) and 2004
c 271 s 136;
(21) RCW 29A.44.250 (Tabulation of paper ballots before close of
polls) and 2003 c 111 s 1124 & 1990 c 59 s 54;
(22) RCW 29A.44.290 (Return of precinct lists after election--Public records) and 2003 c 111 s 1128;
(23) RCW 29A.44.310 (Initialization) and 2003 c 111 s 1129;
(24) RCW 29A.44.320 (Delivery and sealing) and 2003 c 111 s 1130;
(25) RCW 29A.44.330 (Memory packs) and 2003 c 111 s 1131;
(26) RCW 29A.44.340 (Incorrectly marked ballots) and 2003 c 111 s
1132;
(27) RCW 29A.44.350 (Failure of device) and 2004 c 267 s 320 & 2003
c 111 s 1133;
(28) RCW 29A.44.420 (Appointment of clerks -- Party representation--Hour to report) and 2003 c 111 s 1135, 1965 ex.s. c 101 s 2, & 1965 c
9 s 29.45.020;
(29) RCW 29A.44.450 (One set of precinct election officers,
exceptions -- Counting board -- Receiving board) and 2003 c 111 s 1138,
1994 c 223 s 91, 1973 c 102 s 2, 1965 ex.s. c 101 s 4, & 1965 c 9 s
29.45.050;
(30) RCW 29A.44.460 (Duties -- Generally) and 2003 c 111 s 1139;
(31) RCW 29A.44.470 (Application to other primaries or elections)
and 2003 c 111 s 1140;
(32) RCW 29A.44.480 (Inspector as chair -- Authority) and 2003 c 111
s 1141 & 1965 c 9 s 29.45.070;
(33) RCW 29A.44.510 (Oath of judges, form) and 2003 c 111 s 1144;
(34) RCW 29A.44.520 (Oath of clerks, form) and 2003 c 111 s 1145;
(35) RCW 29A.48.020 (Special elections) and 2004 c 266 s 15;
(36) RCW 29A.48.030 (Odd-year primaries) and 2003 c 111 s 1203;
(37) RCW 29A.60.060 (Poll-site ballot counting devices -- Results)
and 2003 c 111 s 1506;
(38) RCW 29A.60.200 (Canvassing board -- Canvassing procedure--Penalty) and 2003 c 111 s 1520, 1990 c 59 s 63, & 1965 c 9 s 29.62.040;
(39) RCW 29A.84.540 (Ballots -- Removing from polling place) and 2003
c 111 s 2124;
(40) RCW 29A.84.545 (Paper record from electronic voting device--Removing from polling place) and 2005 c 242 s 6; and
(41) RCW 29A.84.680 (Absentee ballots) and 2003 c 111 s 2136, 2003
c 53 s 179, 2001 c 241 s 14, 1994 c 269 s 2, 1991 c 81 s 34, 1987 c 346
s 20, & 1983 1st ex.s. c 71 s 9.
NEW SECTION. Sec. 112 Sections 1 through 74, 76 through 91, 93
through 96, and 98 through 111 of this act take effect July 1, 2010.
NEW SECTION. Sec. 113 Sections 92 and 97 of this act take effect
July 1, 2013.
NEW SECTION. Sec. 114 Sections 91 and 96 of this act expire July
1, 2013.