5124-S.E AMH TAYL REIL 071
ESSB 5124 - H AMD 462
By Representative Taylor
FAILED 03/25/2011
Strike everything after the enacting clause and insert the following:
"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))
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)) list of registered voters for the 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)) voter registration system that the voter has already
voted in that primary, special election, or general election, but the voter
wishes to vote again;
(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.
Sec. 2. RCW 29A.04.013 and 2003 c 111 s 103 are each amended to read as follows:
"Canvassing" means the process of examining
ballots or groups of ballots, subtotals, and cumulative totals in order to
determine the official returns of a primary or general election and includes
the tabulation of any votes that were not previously tabulated ((at
the precinct or in a counting center on the day of the primary or election)).
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.04.031 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))
service and overseas 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)) declaration.
Sec. 5. RCW 29A.04.037 and 2010 c 161 s 1103 are each amended to read as follows:
"Disabled voter" means any registered voter
who qualifies for special parking privileges under RCW 46.19.010, or who is
defined as blind under RCW 74.18.020, or who qualifies to require assistance
with voting under ((RCW 29A.44.240)) section 43 of this act.
Sec. 6. RCW 29A.04.216 and 2004 c 271 s 104 are each amended to read as follows:
The county auditor of each county shall be ex officio
the supervisor of all primaries and elections, general or special, and it shall
be the county auditor's duty to provide places for holding such primaries and
elections; ((to appoint the precinct election officers and to provide for
their compensation;)) to provide the supplies and materials necessary for
the conduct of elections ((to the precinct election officers)); and to
publish and post notices of calling such primaries and elections in the manner
provided by law. The notice of a primary held in an even-numbered year must
indicate that the office of precinct committee officer will be on the ballot.
The auditor shall also apportion to each city, town, or district, and to the
state of Washington in the odd-numbered year, its share of the expense of such
primaries and elections. This section does not apply to general or special
elections for any city, town, or district that is not subject to RCW 29A.04.321
and 29A.04.330, but all such elections must be held and conducted at the time,
in the manner, and by the officials (with such notice, requirements for filing
for office, and certifications by local officers) as provided and required by
the laws governing such elections.
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 elderly and
disabled persons, and procedures for voting ((by absentee ballot))
calculated to reach elderly and disabled persons not later than public notice
of the closing of registration for a primary or election.
Sec. 8. RCW 29A.04.235 and 2003 c 111 s 138 are each amended to read as follows:
The secretary of state shall ensure that each county
auditor is provided with the most recent version of the election laws of the
state, as contained in this title. Where amendments have been enacted after
the last compilation of the election laws, he or she shall ensure that each
county auditor receives a copy of those amendments before the next primary or
election. ((The county auditor shall ensure that any statutory information
necessary for the precinct election officers to perform their duties is
supplied to them in a timely manner.))
Sec. 9. 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;
(9) Any other election related document authorized by
rule adopted by the secretary of state under ((*RCW 29A.04.610)) RCW
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. 10. 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] 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. 11. RCW 29A.04.540 and 2009 c 415 s 9 are each amended to read as follows:
A person having responsibility for the administration or
conduct of elections((, other than precinct election officers,)) shall,
within eighteen months of undertaking those responsibilities, receive general
training regarding the conduct of elections and specific training regarding
their responsibilities and duties as prescribed by this title or by rules
adopted by the secretary of state under this title. Included among those persons
for whom such training is mandatory are the following:
(1) Secretary of state elections division personnel;
(2) County elections administrators under RCW 36.22.220; and
(3) Any other person or group charged with election administration responsibilities if the person or group is designated by rule adopted by the secretary of state as requiring the training.
Neither this section nor RCW 29A.04.530 may be construed as requiring an elected official to receive training or a certificate of training as a condition for seeking or holding elective office or as a condition for carrying out constitutional duties.
Sec. 12. 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 voting
materials, any other election material normally kept in a secure environment
after the election, and other requested)) the county's election
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. 13. RCW 29A.04.611 and 2009 c 369 s 5 are each 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)) 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)) transmission;
(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 overseas voters and service voters;
(37) The tabulation of paper ballots ((before the
close of the polls));
(38) The accessibility of ((polling places and
registration facilities that are accessible to elderly and disabled persons))
voting centers;
(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))
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)) 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)) on accessible voting devices;
(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)) declarations.
Sec. 14. RCW 29A.08.130 and 2009 c 369 s 13 are each amended to read as follows:
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 section may be construed as altering the vote tallying requirements of
RCW 29A.60.230.))
Sec. 15. RCW 29A.08.140 and 2009 c 369 s 15 are each amended to read as follows:
(1) In order to vote in any primary, special election, or general election, a person who is not registered to vote in Washington must:
(a) Submit a registration application no later than twenty-nine days before the day of the primary, special election, or general election; or
(b) Register in person at the county auditor's office in
his or her county of residence no later than eight days before the day of the
primary, special election, or general election. ((A person registering
under this subsection will be issued an absentee ballot.))
(2) A person who is already registered to vote in Washington may update his or her registration no later than twenty-nine days before the day of the primary, special election, or general election to be in effect for that primary, special election, or general election. A registered voter who fails to transfer his or her residential address by this deadline may vote according to his or her previous registration address.
(((3) Prior to each primary and general election, the
county auditor shall give notice of the registration deadlines by one
publication in a newspaper of general circulation in the county at least
thirty-five days before the primary or general election.))
Sec. 16. RCW 29A.08.440 and 2009 c 369 s 25 are each amended to read as follows:
A registered voter who changes his or her name shall notify the county auditor regarding the name change by submitting 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, and providing a signature of the new name, or by submitting a voter registration 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.))
Sec. 17. RCW 29A.08.620 and 2009 c 369 s 29 are each amended to read as follows:
(1) Each county auditor must request change of address
information from the postal service for all ((absentee and)) mail
ballots. ((A voter who votes at the polls must be mailed an
election-related document, with change of address information requested, at
least once every two years and at least ninety days prior to the date of a
primary or general election for federal office.))
(2) The county auditor shall transfer the registration of a voter and send an acknowledgement notice to the new address informing the voter of the transfer if change of address information received by the county auditor from the postal service, the department of licensing, or another agency designated to provide voter registration services indicates that the voter has moved within the county.
(3) The county auditor shall place a voter on inactive status and send to all known addresses a confirmation notice and a voter registration application if change of address information received by the county auditor from the postal service, the department of licensing, or another agency designated to provide voter registration services indicates that the voter has moved from one county to another.
(4) The county auditor shall place a voter on inactive status and send to all known addresses a confirmation notice if any of the following occur:
(a) Any document mailed by the county auditor to a voter is returned by the postal service as undeliverable without address correction information; or
(b) Change of address information received from the postal service, the department of licensing, or another state agency designated to provide voter registration services indicates that the voter has moved out of the state.
Sec. 18. RCW 29A.08.720 and 2009 c 369 s 34 are each amended to read as follows:
(1) In the case of voter registration records received through the department of licensing or an agency designated under RCW 29A.08.310, the identity of the office or 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 and
40.24.060, ((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.
(3) For the purposes of this section, "political purpose" means a purpose concerned with the support of or opposition to any candidate for any partisan or nonpartisan office or concerned with the support of or opposition to any ballot proposition or issue. "Political purpose" includes, but is not limited to, such activities as the advertising for or against any candidate or ballot measure or the solicitation of financial support.
Sec. 19. 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 voter registration data used for the production,
issuance, and processing of ((poll lists and other lists and mailings
done)) ballots in the administration of each election are the same
as the official statewide voter registration list.
Sec. 20. 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)).
(3) 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.
(4) 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. 21. 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)) or county prosecuting attorney 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 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. 22. RCW 29A.12.085 and 2005 c 242 s 1 are each amended to read as follows:
Beginning on January 1, 2006, all direct recording
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. Paper records produced by direct
recording electronic voting devices are subject to all the requirements of
chapter 29A.60 RCW for ballot handling, preservation, reconciliation, transit,
and storage. The paper records must be preserved in the same manner and for
the same period of time as ballots.
Sec. 23. 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)) programming
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 the appropriate polling place)).
The programmed memory pack for each voting device must be sealed into the
device during final preparation and logic and accuracy testing. Except
in the case of a device breakdown or error in programming, the memory pack must
remain sealed in the device until after 8:00 p.m. on the day of the primary,
special election, or general election.
Sec. 24. RCW 29A.12.120 and 2003 c 111 s 312 are each amended to read as follows:
(1) Before each state primary or general election at
which voting systems are to be used, the county auditor shall instruct all ((precinct
election officers appointed under RCW 29A.44.410,)) counting center
personnel((, and political party observers designated under RCW 29A.60.170))
who will operate a voting system in the proper conduct of their voting
system duties.
(2) The county auditor may waive instructional
requirements for ((precinct election officers,)) counting center
personnel((, and political party observers)) who have previously
received instruction and who have served for a sufficient length of time to be
fully qualified to perform their duties. The county auditor shall keep a
record of each person who has received instruction and is qualified to serve at
the subsequent primary or election.
(3) ((As compensation for the time spent in receiving
instruction, each precinct election officer who qualifies and serves at the subsequent
primary or election shall receive an additional two hours compensation, to be
paid at the same time and in the same manner as compensation is paid for
services on the day of the primary or election.
(4) Except for the appointment of a precinct election officer to fill a
vacancy under RCW 29A.44.440, no inspector or judge may serve at any primary or
election at which voting systems are used unless he or she has received the
required instruction and is qualified to perform his or her duties in connection
with the voting devices.)) No person may work in a counting center at a
primary or election at which a vote tallying system is used unless that person
has received the required instruction and is qualified to perform his or her
duties in connection with the handling and tallying of ballots for that primary
or election. ((No person may serve as a political party observer unless
that person has received the required instruction and is familiar with the
operation of the counting center and the vote tallying system and the
procedures to be employed to verify the accuracy of the programming for that
vote tallying system.))
Sec. 25. 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 ballot.))
Sec. 26. 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)) the county 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)) changes
may be ((changed)) made during the period starting ((on the
thirtieth)) fourteen days 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)) two thousand active
registered voters.
(3) ((Precincts in which voting machines or
electronic voting devices are used may contain as many as nine hundred active
registered voters. The number of poll-site ballot counting devices at each
polling place is at the discretion of the auditor. The number of devices must
be adequate to meet the expected voter turnout.
(4) On petition of twenty-five or more voters resident more than ten
miles from any polling site, the county legislative authority shall establish a
separate voting precinct therefor.
(5))) 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.
(((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. 27. 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. 28. 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)) 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. 29. 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. 30. RCW 29A.32.260 and 2003 c 111 s 818 are each amended to read as follows:
As soon as practicable before the primary, special
election, or general election, the county auditor, or if applicable, the city
clerk of a first-class or code city, as appropriate, shall mail the local
voters' pamphlet to every residence in each jurisdiction that has included
information in the pamphlet. The county auditor or city clerk, as appropriate,
may choose to mail the pamphlet to each registered voter in each jurisdiction
that has included information in the pamphlet, if in his or her judgment, a
more economical and effective distribution of the pamphlet would result. ((If
the county or city chooses to mail the pamphlet to each residence, no notice of
election otherwise required by RCW 29A.52.350 need be published.))
Sec. 31. 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 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)) a voting system.
Sec. 32. 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, 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. 33. RCW 29A.36.161 and 2010 c 32 s 1 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 ballot must have a clear delineation between the ballot instructions and the first ballot measure or office through the use of white space, illustration, shading, color, symbol, font size, or bold type. The secretary of state shall establish standards for ballot design and layout consistent with this section and RCW 29A.04.611.
(3) 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.
(4) 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.
(5) 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.
(((6) 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. 34. RCW 29A.36.220 and 2003 c 111 s 922 are each amended to read as follows:
The cost of printing and mailing ballots, ((ballot
cards)) envelopes, and instructions ((and the delivery of this
material to the precinct election officers)) shall be an election cost that
shall be borne as determined under RCW 29A.04.410 and 29A.04.420, as
appropriate.
Sec. 35. RCW 29A.40.010 and 2009 c 369 s 36 are each amended to read as follows:
((Any)) Each registered voter of the state
((or any)), overseas voter ((or)), and service
voter ((may vote by absentee)) shall automatically be issued a mail
ballot ((in any)) for each general election, special election, or
primary ((in the manner provided in this chapter)). Overseas voters and
service voters are authorized to cast the same ballots, including those for
special elections, as a registered voter of the state would receive under this
chapter. Each registered voter shall continue to receive a ballot by mail
until the death or disqualification of the voter, cancellation of the voter's
registration, or placing the voter on inactive status.
Sec. 36. RCW 29A.40.020 and 2009 c 369 s 37 are each amended to read as follows:
(1) ((Except as otherwise provided by law, a
registered voter, overseas voter, or service voter desiring to cast an absentee
ballot at a single election or primary must request the absentee ballot from
his or her county auditor no earlier than ninety days nor later than the day
before the election or primary at which the person seeks to vote. Except
as otherwise provided by law, the request may be made orally in person, by
telephone, electronically, or in writing. An application or request for an
absentee ballot made under the authority of a federal statute or regulation
will be considered and given the same effect as a request for an absentee
ballot under this chapter.
(2) A voter requesting an absentee ballot for a primary may also request
an absentee ballot for the following general election. A request by an
overseas voter or service voter for an absentee ballot for a primary election
will be considered as a request for an absentee ballot for the following
general election.
(3) In requesting an absentee ballot, the voter shall state the address
to which the absentee ballot should be sent.)) A request for ((an
absentee)) a ballot from an overseas voter or service voter must
include the address of the last residence in the state of Washington ((and
either a written application or the oath on the return envelope must include a
declaration of the other qualifications of the applicant as an elector of this
state. A request for an absentee ballot from any other voter must state the
address at which that voter is currently registered to vote in the state of
Washington or the county auditor shall verify that information from the voter
registration records of the county.
(4) A request for an absentee ballot from a registered voter who is
within this state must be made directly to the auditor of the county in which
the voter is registered. An absentee ballot request from a registered voter
who is temporarily outside this state or from an overseas voter or service
voter may be made either to the appropriate county auditor or to the secretary
of state, who shall promptly forward the request to the appropriate county
auditor)).
(((5))) (2) No person, organization, or
association may distribute ((absentee ballot applications within this state))
any ballot materials that contain a return address other than that of
the appropriate county auditor.
Sec. 37. RCW 29A.40.050 and 2003 c 111 s 1005 are each amended to read as follows:
(1) ((As provided in this section,)) County
auditors shall provide special absentee ballots to be used for state primary or
state general elections. An auditor shall provide a special absentee ballot
only to a registered voter who completes an application stating that she or he
will be unable to vote and return a regular ((absentee)) ballot by
normal mail delivery within the period provided for regular ((absentee))
ballots.
((The application for)) A special absentee
ballot may not be ((filed earlier)) requested more than ninety
days before the applicable state primary or general election. The special
absentee ballot will list the offices and measures, if known, scheduled to
appear on the state primary or general election ballot. The voter may use the
special absentee ballot to write in the name of any eligible candidate for each
office and vote on any measure.
(2) ((With any special absentee ballot issued under
this section,)) The county auditor shall include a listing of any
candidates who have filed before the time of the application for offices that
will appear on the ballot at that primary or election and a list of any issues
that have been referred to the ballot before the time of the application.
(3) Write-in votes on special absentee ballots must be
counted in the same manner provided by law for the counting of other write-in
votes. The county auditor shall process and canvass the special absentee
ballots provided under this section in the same manner as other ((absentee))
ballots under this chapter and chapter 29A.60 RCW.
(4) A voter who requests a special absentee ballot under
this section may also request ((an absentee)) a regular ballot ((under
RCW 29A.40.020(4))). If the regular absentee ballot is properly voted and
returned, the special absentee ballot is void, and the county auditor shall
reject it in whole when special absentee ballots are canvassed.
Sec. 38. 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)) each primary or election, and as soon as
possible for all subsequent registration changes. ((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.)) Except where a recount or litigation
is pending, the county auditor must mail ballots to each service and overseas
voter at least thirty days before each primary or election. A request for a
ballot made by an overseas or service voter after that day must be processed
immediately.
(3) 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 request for a replacement ballot.
(4) 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)) were mailed,
or the reason and date the ballots will be mailed if the ballots were not
mailed timely.
(((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)) mail ballots 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. 39. RCW 29A.40.091 and 2010 c 125 s 1 are each amended to read as follows:
(1) The county auditor shall send each voter a
ballot, a security envelope in which to seal the ballot after voting, a larger
envelope in which to return the security envelope, a declaration that the
voter must sign, and instructions on how to obtain information about the
election, how to mark the ballot, and how to return ((it)) the
ballot to the county auditor.
(2) The ((instructions
that accompany a ballot for a partisan primary must include instructions for
voting the applicable ballot style, as provided in chapter 29A.36 RCW.
The voter's name and address must be printed on the larger return envelope,
which must also contain a declaration by the voter reciting his or her
qualifications and stating that he or she)) voter must swear under
penalty of perjury that he or she meets the qualifications to vote, and 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 a return envelope on behalf of another
voter. The ((return envelope)) ballot materials must
provide space for the voter to indicate the date on which the ballot was voted
((and for the voter)), to sign the ((oath)) declaration,((.
It must also contain a space so that the voter may include)) and to
provide 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 may provide secrecy for the voter's signature and optional
telephone number.))
(3) For overseas 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. Return envelopes for overseas and service voters must enable the ballot to be returned postage free if mailed through the United States postal service, United States armed forces postal service, or the postal service of a United States foreign embassy under 39 U.S.C. 3406.
(4) The voter must be instructed to either return
the ballot to the county auditor ((by whom it was issued)) no later
than 8:00 p.m. the day of the election or primary, or ((attach sufficient
first-class postage, if applicable, and)) mail the ballot to the ((appropriate))
county auditor with a postmark no later than the day of the election or
primary(( for which the ballot was issued.
If the county auditor chooses to forward 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. 40. 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 at the counting center. County auditors have discretion to also
request that observers be appointed by any campaigns or organizations. The
absence of the observers will not prevent the processing of ((absentee))
ballots if the county auditor has requested their presence.
Sec. 41. RCW 29A.40.110 and 2009 c 369 s 40 are each 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)) processing.
((Absentee ballots that are to be tabulated on an electronic vote tallying
system)) Ballots may be taken from the inner envelopes and all the
normal procedural steps may be performed to prepare these ballots for
tabulation.
(3) ((Before opening a returned absentee ballot,))
The canvassing board, or its designated representatives, shall examine
the postmark((, statement,)) on the return envelope and signature
on the ((return envelope that contains the security envelope and absentee
ballot)) declaration before processing the ballot. The ballot must
either be received no later than 8:00 p.m. on the day of the primary or
election, or must be postmarked no later than the day of the primary or
election. 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)) ballot
declaration 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)) ballot declaration 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))
If the postmark is missing or illegible, the date on the ((return
envelope)) ballot declaration 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 overseas
voters and service voters, the date on the ((return envelope)) declaration
to which the voter has attested determines the validity, as to the time
of voting, for that ((absentee)) ballot.
Sec. 42. RCW 29A.40.130 and 2003 c 111 s 1013 are each amended to read as follows:
Each county auditor shall maintain in his or her office,
open for public inspection, a record of ((the requests he or she has
received for absentee ballots under this chapter.
The information from the requests shall be recorded and lists of this
information shall be available no later than twenty-four hours after their
receipt.
This information about absentee voters shall be available according to
the date of the requests and by legislative district. It shall include the
name of each applicant, the address and precinct in which the voter maintains a
voting residence, the date on which an absentee ballot was issued to this
voter, if applicable, the type of absentee ballot, and the address to which the
ballot was or is to be mailed, if applicable.
The auditor shall make copies of these records available to the public
for the actual cost of production or copying)) all voters issued a
ballot and all voters who returned a ballot. For each primary, special
election, or general election, any political party, committee, or person may
request a list of all registered voters who have or have not voted. Such
requests shall be handled as public records requests pursuant to chapter 42.56
RCW.
NEW SECTION. Sec. 43. A new section is added to chapter 29A.44 RCW to read as follows:
(1) Each county auditor shall open a voting center each primary, special election, and general election. The voting center shall be open during business hours during the voting period, which begins eighteen days before, and ends at 8:00 p.m. on the day of, the primary, special election, or general election.
(2) The voting center must provide voter registration materials, ballots, provisional ballots, disability access voting units, sample ballots, instructions on how to properly vote the ballot, a ballot drop box, and voters' pamphlets, if a voters' pamphlet has been published.
(3) The voting center must be accessible to persons with disabilities. Each state agency and entity of local government shall permit the use of any of its accessible facilities as voting centers when requested by a county auditor.
(4) The voting center must provide at least one voting unit certified by the secretary of state that provides access to individuals who are blind or visually impaired, enabling them to vote with privacy and independence.
(5) No person may interfere with a voter attempting to vote in a voting center. Interfering with a voter attempting to vote is a violation of RCW 29A.84.510.
(6) Before opening the voting center, 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 county auditor shall verify that no votes have been registered for any issue or office, and that the device has been sealed with a unique numbered seal at the time of final preparation and logic and accuracy testing. A log must be made of all device numbers and seal numbers.
(7) The county auditor shall require any person desiring to vote at a voting center to must either sign a ballot declaration or provide identification.
(a) The signature on the declaration must be compared to the signature on the voter registration record before the ballot may be counted. 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.
(b) The identification must be valid photo identification, such as a driver's license, state identification card, student identification card, tribal identification card, or employer identification card. Any individual who desires to vote in person but cannot provide identification shall be issued a provisional ballot, which shall be accepted if the signature on the declaration matches the signature on the voter's registration record.
(8) Provisional ballots must be accompanied by a declaration and security envelope, as required by RCW 29A.40.091, and space for the voter's name, date of birth, current and former registered address, reason for the provisional ballot, and disposition of the provisional ballot. The voter shall vote and return the provisional ballot at the voting center. The voter must be provided information on how to ascertain whether the provisional ballot was counted and, if applicable, the reason why the vote was not counted.
(9) Any voter may take printed or written material into the voting device to assist in casting his or her vote. The voter shall not use this material to electioneer and shall remove it when he or she leaves the voting center.
(10) If any voter states that he or she is unable to cast his or her votes due to a disability, the voter may designate a person of his or her choice, or two election officers, to enter the voting booth and record the votes as he or she directs.
(11) No voter is entitled to vote more than once at a primary, special election, or general election. If a voter incorrectly marks a ballot, he or she may be issued a replacement ballot.
(12) A voter who has already returned a ballot but requests to vote at a voting center shall be issued a provisional ballot. The canvassing board shall not count the provisional ballot if it finds that the voter has also voted a regular ballot in that primary, special election, or general election.
(13) The county auditor must prevent overflow of each ballot drop box to allow a voter to deposit his or her ballot securely. Ballots must be removed from a ballot drop box by at least two people, with a record kept of the date and time ballots were removed, and the names of people removing them. Ballots from drop boxes must be returned to the counting center in secured transport containers. A copy of the record must be placed in the container, and one copy must be transported with the ballots to the counting center, where the seal number must be verified by the county auditor or a designated representative. All ballot drop boxes must be secured at 8:00 p.m. on the day of the primary, special election, or general election.
(14) Any voter who is inside or in line at the voting center at 8:00 p.m. on the day of the primary, special election, or general election must be allowed to vote.
(15) For each primary, special election, and general election, the county auditor may provide election services at locations in addition to the voting center. The county auditor has discretion to establish which services will be provided at the additional locations, and which days and hours the locations will be open.
Sec. 44. RCW 29A.46.260 and 2010 c 215 s 5 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)) voting
centers that will be maintained 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,)) ballot
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 no more than one of the participating counties has a population greater than seventy thousand.
NEW SECTION. Sec. 45. A new section is added to chapter 29A.52 RCW to read as follows:
Notice for any state, county, district, or municipal primary or election, whether special or general, must be given by the county auditor between five and fifteen days prior to the deadline for mail-in registrations. The notice must be published in one or more newspapers of general circulation and must contain, at a minimum, the last date to register online or through the mail, the last date to transfer or update an existing registration, the last date to register in person for first-time voters, information on where a person can register, the type of election, the date of the election, how a voter can obtain a ballot, a list of all jurisdictions involved in the election, including positions and short titles for ballot measures appearing on the ballot, and the times and dates of any public meetings associated with the election. The notice shall also include where additional information regarding the election may be obtained. This is the only notice required for a state, county, district, or municipal primary or special or general election. If the county or city chooses to mail a local voters' pamphlet as described in RCW 29A.32.210 to each residence, the notice required in this section need only include the last date to register online or through the mail, the last date to transfer or update an existing registration, the last date to register in person for first-time voters, information on where a person can register, and the times and dates of any public meetings associated with the election.
Sec. 46. 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 precinct 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. 47. RCW 29A.60.040 and 2009 c 414 s 2 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.
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.60.021; 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. 48. 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. 49. RCW 29A.60.060 and 2003 c 111 s 1506 are each amended to read as follows:
After the close of the ((polls, counties employing
poll-site ballot counting devices may telephonically or electronically transmit
the accumulated tally for each device to a central reporting location. Before
making a telephonic or electronic transmission the precinct election officer
must create a printed record of the results of the election for that poll
site. During the canvassing period the results transmitted telephonically or
electronically must be considered unofficial until a complete reconciliation of
the results has been performed. This reconciliation may be accomplished by a
direct loading of)) voting center at 8:00 p.m., the county auditor must
directly load the results from ((the)) any direct recording
electronic memory pack into the central accumulator((, or a comparison
of the report produced at the poll site on election night with the results
received by the central accumulating device)).
Sec. 50. 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 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.
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
a 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. 51. 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.
(2) Upon breaking the seals and opening the ballot containers from the
precincts,)) 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.
(((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. 52. 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. 53. 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. 54. 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 or provisional)) ballot declaration, the
auditor shall notify the voter by first-class mail and advise the voter of the
correct procedures for completing the unsigned ((affidavit)) declaration.
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 or provisional ballot envelope)) a ballot declaration 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)) declaration, and advise the voter of the correct
procedures for updating his or her signature on the voter registration file.
If the ((absentee 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 or provisional
ballot envelope)) a ballot declaration 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 or provisional
ballot envelope)) a ballot declaration 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. 55. RCW 29A.60.170 and 2007 c 373 s 3 are each amended to read as follows:
(1) At least twenty-eight days prior to any special
election, general election, or primary, the county auditor shall request from
the chair of the county central committee of each major political party a list
of individuals who are willing to serve as observers. The county auditor has
discretion to also request observers from any campaign or organization. The
county auditor may delete from the lists names of those persons who indicate to
the county auditor that they cannot or do not wish to serve as observers, and
names of those persons who, in the judgment of the county auditor, lack the
ability to properly serve as observers after training has been made available
to them by the auditor.
(2) The counting center ((in a county using voting systems))
is under the direction of the county auditor and must be ((observed)) open
to observation 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.
(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,)) (3) 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.
Sec. 56. 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. 57. RCW 29A.60.190 and 2006 c 344 s 16 are each amended to read as follows:
(1) Except as provided by subsection (3) 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 day of
the special election, general election, or primary, and each ((absentee))
ballot bearing a postmark on or before the date of the ((primary or)) special
election, general election, or primary 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.
(3) 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.
Sec. 58. RCW 29A.60.190 and 2006 c 344 s 17 are each amended to read as follows:
(1) 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 day of the special election, general election, or primary, and each ((absentee))
ballot bearing a postmark on or before the date of the ((primary or)) special
election, general election, or primary 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. 59. RCW 29A.60.195 and 2005 c 243 s 9 are each amended to read as follows:
Before certification of the primary or election, the
county auditor must examine and investigate all received provisional ballots to
determine whether the ballot can be counted. The auditor shall provide the
disposition of the provisional ballot and, if the ballot was not counted, the
reason why it was not counted, on a free access system such as a toll-free
telephone number, web site, mail, or other means. The auditor must notify the
voter in accordance with RCW 29A.60.165 when the ((envelope)) declaration
is unsigned or when the signatures do not match.
Sec. 60. RCW 29A.60.200 and 2003 c 111 s 1520 are each amended to read as follows:
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.
The county canvassing board shall proceed to verify the
results from the ((precincts and the absentee)) ballots received.
The board shall execute a certificate of the results 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.
Sec. 61. 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, 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.
(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.
(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.
Sec. 62. RCW 29A.60.235 and 2009 c 369 s 41 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) The number of registered voters;
(b) The number of ballots counted;
(c) The number of provisional ballots issued;
(d) The number of provisional ballots counted;
(e) The number of provisional ballots rejected;
(f) The number of absentee ballots issued;
(g) The number of absentee ballots counted;
(h) The number of absentee ballots rejected;
(i) The number of federal write-in ballots counted;
(j) The number of overseas and service ballots issued;
(k) The number of overseas and service ballots counted; and
(l) The number of 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 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))) (1) The number of registered voters;
(2) The number of ballots issued;
(3) The number of ballots received;
(4) The number of ballots counted;
(5) The number of ballots rejected;
(6) The number of provisional ballots issued;
(7) The number of provisional ballots received;
(8) The number of provisional ballots counted;
(9) The number of provisional ballots rejected;
(10) The number of federal write-in ballots received;
(11) The number of federal write-in ballots counted;
(12) The number of federal write-in ballots rejected;
(13) The number of overseas and service ballots issued;
(14) The number of overseas and service ballots received
(15) The number of overseas and service ballots
counted;
(l6) The number of overseas and service ballots rejected;
(17) The number of voters credited with voting; and
(18) Any other information the auditor or secretary of state
deems necessary to reconcile the number of ballots counted with the number of
voters credited with voting.
(((3) The county auditor may also prepare such
reports for jurisdictions located, in whole or in part, in the county.))
Sec. 63. 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. 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 observers may not make a record of the
names, addresses, or other information on the ballots, ((poll books)) declarations,
((or applications for absentee ballots)) or lists of voters
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. 64. RCW 29A.68.020 and 2007 c 374 s 4 are each amended to read as follows:
Any of the following causes may be asserted by a registered voter to challenge the right to assume office of a candidate declared elected to that office:
(1) For misconduct on the part of any member of any precinct election board involved therein;
(2) Because the person whose right is being contested was not at the time the person was declared elected eligible to that office;
(3) Because the person whose right is being contested was previous to the election convicted of a felony by a court of competent jurisdiction, the conviction not having been reversed nor the person's civil rights restored after the conviction;
(4) Because the person whose right is being contested
gave a bribe or reward to a voter or to an ((inspector or judge of))
election officer for the purpose of procuring the election, or offered
to do so;
(5) On account of illegal votes.
(a) Illegal votes include but are not limited to the following:
(i) More than one vote cast by a single voter;
(ii) A vote cast by a person disqualified under Article VI, section 3 of the state Constitution.
(b) Illegal votes do not include votes cast by improperly registered voters who were not properly challenged under RCW 29A.08.810 and 29A.08.820.
All election contests must proceed under RCW 29A.68.011.
Sec. 65. RCW 29A.68.070 and 2003 c 111 s 1707 are each amended to read as follows:
No irregularity or improper conduct in the proceedings
of any ((election)) county canvassing board or any member of the
board amounts to such malconduct as to annul or set aside any election unless
the irregularity or improper conduct was such as to procure the person whose
right to the office may be contested, to be declared duly elected although the
person did not receive the highest number of legal votes.
Sec. 66. RCW 29A.68.080 and 2003 c 111 s 1708 are each amended to read as follows:
When any election for an office exercised in and for a
county is contested on account of any malconduct on the part of ((any
election)) a county canvassing board, or any member thereof, the
election shall not be annulled and set aside upon any proof thereof, unless the
rejection of the vote of such precinct or precincts will change the result as
to such office in the remaining vote of the county.
Sec. 67. RCW 29A.84.020 and 2003 c 111 s 2102 are each amended to read as follows:
Every officer who willfully violates RCW 29A.56.110
through 29A.56.270, for the violation of which no penalty is prescribed in this
title or who willfully fails to comply with the provisions of ((this chapter))
RCW 29A.56.110 through 29A.56.270 is guilty of a gross misdemeanor.
Sec. 68. RCW 29A.84.050 and 2005 c 243 s 23 are each amended to read as follows:
(1) A person who knowingly destroys, alters, defaces,
conceals, or discards a completed voter registration form or signed ((absentee
or provisional ballot signature affidavit)) ballot declaration is
guilty of a gross misdemeanor. This section does not apply to (((1))) (a)
the voter who completed the ((voter registration)) form or
declaration, or (((2))) (b) a county auditor ((or
registration assistant)) who acts as authorized by ((voter registration))
law.
(2) Any person who intentionally fails to return another person's completed voter registration form or signed ballot declaration to the proper state or county elections office by the applicable deadline is guilty of a gross misdemeanor.
Sec. 69. 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)) During the voting period that begins eighteen days before and
ends the day of a special election, general election, or primary, no person
may, within a ((polling place, 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 or ballot drop
location is located or prevent free access to and from any ((polling
place)) voting center or ballot drop location. 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; 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.
(5))) 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.
Sec. 70. RCW 29A.84.520 and 2003 c 111 s 2122 are each amended to read as follows:
Any election officer who does any electioneering ((on
primary or election day)) during the voting period that begins eighteen
days before and ends the day of a special election, general election, or
primary, is guilty of a misdemeanor, and upon conviction must be fined in
any sum not exceeding one hundred dollars and pay the costs of prosecution.
Sec. 71. RCW 29A.84.530 and 2003 c 111 s 2123 are each amended to read as follows:
Deliberately impeding other voters from casting their
votes by refusing to leave a voting booth or voting device is a misdemeanor and
is subject to the penalties provided in chapter 9A.20 RCW. ((The precinct))
Election officers may provide assistance in the manner provided by ((RCW
29A.44.240)) section 43 of this act to any voter who requests it.
Sec. 72. RCW 29A.84.540 and 2003 c 111 s 2124 are each amended to read as follows:
Any person who, without lawful authority, removes a
ballot from a ((polling place)) voting center or ballot drop location
is guilty of a gross misdemeanor punishable to the same extent as a gross
misdemeanor that is punishable under RCW 9A.20.021.
Sec. 73. RCW 29A.84.545 and 2005 c 242 s 6 are each amended to read as follows:
Anyone who, without authorization, removes from a ((polling
place)) voting center a paper record produced by ((an)) a
direct recording electronic voting device is guilty of a class C felony
punishable under RCW 9A.20.021.
Sec. 74. 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)) voting center and for enabling a voter
to prepare his or her ballot is guilty of a class C felony punishable under RCW
9A.20.021.
Sec. 75. RCW 29A.84.655 and 2003 c 111 s 2132 are each amended to read as follows:
Any ((precinct)) election officer ((who
knowingly permits any voter to cast a second vote at any primary or general or
special election, or knowingly permits any person not a qualified voter to vote
at any primary or general or special election)) who intentionally
tabulates or causes to be tabulated, through any act of omission, an invalid
ballot when the person has actual knowledge that the ballot is invalid, is
guilty of a class C felony punishable under RCW 9A.20.021.
Sec. 76. RCW 29A.84.680 and 2003 c 111 s 2136 and 2003 c 53 s 179 are each reenacted and amended to read as follows:
(1) A person who willfully violates any provision of
chapter 29A.40 RCW regarding the assertion or declaration of qualifications to
receive or cast ((an absentee)) a ballot or unlawfully casts a ((vote
by absentee)) ballot is guilty of a class C felony punishable under RCW
9A.20.021.
(2) Except as provided in this chapter, a person who willfully violates any other provision of chapter 29A.40 RCW is guilty of a misdemeanor.
Sec. 77. 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 that)) 8:00 p.m. on the day of the 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. 78. RCW 27.12.370 and 2006 c 344 s 19 are each amended to read as follows:
The county legislative authority or authorities shall by
resolution call a special election to be held in such city or town at the next
special election date according to RCW 29A.04.321, and shall cause notice of
such election to be given as provided for in ((RCW 29A.52.351)) section
45 of this act.
The election on the annexation of the city or town into the library district shall be conducted by the auditor of the county or counties in which the city or town is located in accordance with the general election laws of the state and the results thereof shall be canvassed by the canvassing board of the county or counties. No person shall be entitled to vote at such election unless he or she is registered to vote in said city or town for at least thirty days preceding the date of the election. The ballot proposition shall be in substantially the following form:
|
"Shall the city or town of . . . . . . be annexed to and be a part of . . . . . . library district? |
||||
|
|
YES |
................. |
□ |
|
|
|
NO |
................. |
□" |
|
If a majority of the persons voting on the proposition shall vote in favor thereof, the city or town shall thereupon be annexed and shall be a part of such library district.
Sec. 79. 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 RCW.))
The office of any commissioner for whom there is not a majority vote to retain shall be declared vacant.
Sec. 80. RCW 36.93.030 and 2006 c 344 s 28 are each amended to read as follows:
(1) There is hereby created and established in each county with a population of two hundred ten thousand or more a board to be known and designated as a "boundary review board".
(2) A boundary review board may be created and established in any other county in the following manner:
(a) The county legislative authority may, by majority vote, adopt a resolution establishing a boundary review board; or
(b) A petition seeking establishment of a boundary review board signed by qualified electors residing in the county equal in number to at least five percent of the votes cast in the county at the last county general election may be filed with the county auditor.
Upon the filing of such a petition, the county auditor shall examine the same and certify to the sufficiency of the signatures thereon. No person may withdraw his or her name from a petition after it has been filed with the auditor. Within thirty days after the filing of such petition, the county auditor shall transmit the same to the county legislative authority, together with his or her certificate of sufficiency.
After receipt of a valid petition for the establishment
of a boundary review board, the county legislative authority shall submit the
question of whether a boundary review board should be established to the electorate
at the next primary or general election according to RCW 29A.04.321. Notice of
the election shall be given as provided in ((RCW 29A.52.351)) section
45 of this act and shall include a clear statement of the proposal to be
submitted.
If a majority of the persons voting on the proposition shall vote in favor of the establishment of the boundary review board, such board shall thereupon be deemed established.
Sec. 81. RCW 40.24.060 and 2008 c 18 s 4 are each amended to read as follows:
((A program participant who is otherwise qualified to
vote may register as an ongoing absentee voter under RCW 29A.40.040.)) The
county auditor shall ((transmit the absentee)) mail a ballot to
((the)) a program participant qualified and registered to vote
at the mailing address provided. Neither the name nor the address of a program
participant shall be included in any list of registered voters available to the public.
Sec. 82. RCW 52.04.071 and 2009 c 115 s 2 are each amended to read as follows:
The county legislative authority or authorities shall by
resolution call a special election to be held in the city, partial city as set
forth in RCW 52.04.061(2), or town and in the fire protection district at the
next date according to RCW 29A.04.321, and shall cause notice of the election
to be given as provided for in ((RCW 29A.52.351)) section 45 of this
act.
The election on the annexation of the city, partial city as set forth in RCW 52.04.061(2), or town into the fire protection district shall be conducted by the auditor of the county or counties in which the city, partial city as set forth in RCW 52.04.061(2), or town and the fire protection district are located in accordance with the general election laws of the state. The results thereof shall be canvassed by the canvassing board of the county or counties. No person is entitled to vote at the election unless he or she is a qualified elector in the city, partial city as set forth in RCW 52.04.061(2), or town or unless he or she is a qualified elector within the boundaries of the fire protection district. The ballot proposition shall be in substantially the following form:
"Shall the city, partial city as set forth in RCW 52.04.061(2), or town of . . . . . . be annexed to and be a part of . . . . . . fire protection district?
YES . . . . . . . . . .
NO . . . . . . . . . . "
If a majority of the persons voting on the proposition in the city, partial city as set forth in RCW 52.04.061(2), or town and a majority of the persons voting on the proposition in the fire protection district vote in favor thereof, the city, partial city as set forth in RCW 52.04.061(2), or town shall be annexed and shall be a part of the fire protection district.
Sec. 83. 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 RCW which
govern elections by mail, except for the requirements of **RCW 29.36.120, shall
apply.))
Sec. 84. 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
be conducted by mail ballot as provided for in *chapter 29.36 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. 85. The county auditor of any county that maintained poll sites as of the effective date of this act shall notify by mail each registered poll voter that all future primaries, special elections, and general elections will be conducted by mail.
NEW SECTION. Sec. 86. The following acts or parts of acts are each repealed:
(1) RCW 29A.04.049 (Election board) and 2003 c 111 s 109 & 1986 c 167 s 1;
(2) RCW 29A.04.115 (Poll-site ballot counting devices) and 2003 c 111 s 120;
(3) RCW 29A.04.128 (Primary) and 2004 c 271 s 152;
(4) RCW 29A.08.430 (Transfer on day of primary, special election, or general election) and 2009 c 369 s 24, 2004 c 267 s 123, & 2003 c 111 s 230;
(5) RCW 29A.12.090 (Single district and precinct) and 2003 c 111 s 309;
(6) RCW 29A.16.010 (Intent‑-Duties of county auditors) and 2004 c 267 s 315, 2003 c 111 s 401, 1999 c 298 s 13, 1985 c 205 s 1, & 1979 ex.s. c 64 s 1;
(7) 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;
(8) 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;
(9) RCW 29A.16.060 (Combining or dividing precincts, election boards) and 2003 c 111 s 406;
(10) RCW 29A.16.110 (Polling place‑-May be located outside precinct) and 2003 c 111 s 407 & 1965 c 9 s 29.48.005;
(11) RCW 29A.16.120 (Polling place‑-Use of county, municipality, or special district facilities) and 2003 c 111 s 408;
(12) RCW 29A.16.130 (Public buildings as polling places) and 2004 c 267 s 316 & 2003 c 111 s 409;
(13) RCW 29A.16.140 (Inaccessible polling places‑-Auditors' list) and 2003 c 111 s 410;
(14) RCW 29A.16.150 (Polling places‑-Accessibility required, exceptions) and 2003 c 111 s 411;
(15) RCW 29A.16.160 (Review by and recommendations of disabled voters) and 2003 c 111 s 412;
(16) RCW 29A.16.170 (County auditors‑-Notice of accessibility) and 2003 c 111 s 413;
(17) RCW 29A.24.151 (Notice of void in candidacy) and 2004 c 271 s 163;
(18) RCW 29A.24.161 (Filings to fill void in candidacy--How made) and 2004 c 271 s 164;
(19) RCW 29A.40.030 (Request on behalf of family member) and 2003 c 111 s 1003;
(20) RCW 29A.40.040 (Ongoing status‑-Request‑-Termination) and 2003 c 111 s 1004;
(21) RCW 29A.40.061 (Issuance of ballot and other materials) and 2009 c 369 s 38 & 2004 c 271 s 134;
(22) RCW 29A.40.061 (Issuance of ballot and other materials) and 2009 c 415 s 6 & 2004 c 271 s 134;
(23) RCW 29A.40.080 (Delivery of ballot, qualifications for) and 2003 c 111 s 1008;
(24) RCW 29A.40.120 (Report of count) and 2003 c 111 s 1012;
(25) RCW 29A.40.140 (Challenges) and 2006 c 320 s 8 & 2003 c 111 s 1014;
(26) RCW 29A.44.010 (Interference with voter prohibited) and 2003 c 111 s 1101;
(27) 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;
(28) RCW 29A.44.030 (Taking papers into voting booth) and 2004 c 267 s 317 & 2003 c 111 s 1103;
(29) RCW 29A.44.040 (Official ballots‑-Vote only once‑-Incorrectly marked ballots) and 2004 c 267 s 318 & 2003 c 111 s 1104;
(30) RCW 29A.44.045 (Electronic voting devices--Paper records) and 2005 c 242 s 2;
(31) RCW 29A.44.050 (Ballot pick up, delivery, and transportation) and 2003 c 111 s 1105;
(32) RCW 29A.44.060 (Voting booths) and 2003 c 111 s 1106;
(33) RCW 29A.44.070 (Opening and closing polls) and 2003 c 111 s 1107;
(34) RCW 29A.44.080 (Polls open continuously‑-Announcement of closing) and 2003 c 111 s 1108;
(35) RCW 29A.44.090 (Double voting prohibited) and 2003 c 111 s 1109, 1987 c 346 s 13, & 1965 c 9 s 29.36.050;
(36) RCW 29A.44.110 (Delivery of supplies) and 2003 c 111 s 1110;
(37) RCW 29A.44.120 (Delivery of precinct lists to polls) and 2003 c 111 s 1111;
(38) RCW 29A.44.130 (Additional supplies for paper ballots) and 2003 c 111 s 1112 & 1977 ex.s. c 361 s 82;
(39) RCW 29A.44.140 (Voting and registration instructions and information) and 2003 c 111 s 1113;
(40) RCW 29A.44.150 (Time for arrival of officers) and 2003 c 111 s 1114;
(41) RCW 29A.44.160 (Inspection of voting equipment) and 2003 c 111 s 1115;
(42) RCW 29A.44.170 (Flag) and 2003 c 111 s 1116;
(43) RCW 29A.44.180 (Opening the polls) and 2003 c 111 s 1117;
(44) RCW 29A.44.190 (Voting devices‑-Periodic examination) and 2003 c 111 s 1118;
(45) RCW 29A.44.201 (Issuing ballot to voter--Challenge) and 2004 c 271 s 136;
(46) RCW 29A.44.205 (Identification required) and 2005 c 243 s 7;
(47) RCW 29A.44.207 (Provisional ballots) and 2005 c 243 s 6;
(48) RCW 29A.44.210 (Signature required‑-Procedure if voter unable to sign name) and 2003 c 111 s 1120, 1990 c 59 s 41, 1971 ex.s. c 202 s 41, 1967 ex.s. c 109 s 9, 1965 ex.s. c 156 s 5, & 1965 c 9 s 29.51.060;
(49) RCW 29A.44.221 (Casting vote) and 2004 c 271 s 137;
(50) RCW 29A.44.225 (Voter using electronic voting device) and 2005 c 242 s 4;
(51) RCW 29A.44.231 (Record of participation) and 2004 c 271 s 138;
(52) RCW 29A.44.240 (Disabled voters) and 2003 c 111 s 1123, 2003 c 53 s 180, 1981 c 34 s 1, 1965 ex.s. c 101 s 17, & 1965 c 9 s 29.51.200;
(53) RCW 29A.44.250 (Tabulation of paper ballots before close of polls) and 2003 c 111 s 1124 & 1990 c 59 s 54;
(54) RCW 29A.44.260 (Voters in polling place at closing time) and 2003 c 111 s 1125;
(55) RCW 29A.44.265 (Provisional ballot after polls close) and 2004 c 267 s 501;
(56) RCW 29A.44.270 (Unused ballots) and 2003 c 111 s 1126, 1990 c 59 s 52, 1977 ex.s. c 361 s 84, 1965 ex.s. c 101 s 6, & 1965 c 9 s 29.54.010;
(57) RCW 29A.44.280 (Duties of election officers after unused ballots secure) and 2003 c 111 s 1127 & 1990 c 59 s 53;
(58) RCW 29A.44.290 (Return of precinct lists after election‑- Public records) and 2003 c 111 s 1128;
(59) RCW 29A.44.310 (Initialization) and 2003 c 111 s 1129;
(60) RCW 29A.44.320 (Delivery and sealing) and 2003 c 111 s 1130;
(61) RCW 29A.44.330 (Memory packs) and 2003 c 111 s 1131;
(62) RCW 29A.44.340 (Incorrectly marked ballots) and 2003 c 111 s 1132;
(63) RCW 29A.44.350 (Failure of device) and 2004 c 267 s 320 & 2003 c 111 s 1133;
(64) RCW 29A.44.410 (Appointment of judges and inspector) and 2003 c 111 s 1134, 1991 c 106 s 1, 1983 1st ex.s. c 71 s 7, 1965 ex.s. c 101 s 1, & 1965 c 9 s 29.45.010;
(65) 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;
(66) RCW 29A.44.430 (Nomination) and 2003 c 111 s 1136, 1991 c 106 s 2, 1987 c 295 s 16, 1965 ex.s. c 101 s 3, & 1965 c 9 s 29.45.030;
(67) RCW 29A.44.440 (Vacancies‑-How filled‑-Inspector's authority) and 2003 c 111 s 1137;
(68) 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;
(69) RCW 29A.44.460 (Duties‑-Generally) and 2003 c 111 s 1139;
(70) RCW 29A.44.470 (Application to other primaries or elections) and 2003 c 111 s 1140;
(71) RCW 29A.44.480 (Inspector as chair‑-Authority) and 2003 c 111 s 1141 & 1965 c 9 s 29.45.070;
(72) RCW 29A.44.490 (Oaths of officers required) and 2003 c 111 s 1142;
(73) RCW 29A.44.500 (Oath of inspectors, form) and 2003 c 111 s 1143;
(74) RCW 29A.44.510 (Oath of judges, form) and 2003 c 111 s 1144;
(75) RCW 29A.44.520 (Oath of clerks, form) and 2003 c 111 s 1145;
(76) RCW 29A.44.530 (Compensation) and 2003 c 111 s 1146, 1971 ex.s. c 124 s 2, & 1965 c 9 s 29.45.120;
(77) RCW 29A.46.010 ("Disability access voting location.") and 2004 c 267 s 301;
(78) RCW 29A.46.020 ("Disability access voting period.") and 2006 c 207 s 5 & 2004 c 267 s 302;
(79) RCW 29A.46.030 ("In-person disability access voting.") and 2004 c 267 s 303;
(80) RCW 29A.46.110 (When allowed‑-Multiple voting prevention) and 2006 c 207 s 6 & 2004 c 267 s 304;
(81) RCW 29A.46.120 (Locations and hours) and 2004 c 267 s 305;
(82) RCW 29A.46.130 (Compliance with federal and state requirements) and 2004 c 267 s 306;
(83) RCW 29A.48.010 (Mail ballot counties and precincts) and 2009 c 103 s 1, 2005 c 241 s 1, & 2004 c 266 s 14;
(84) RCW 29A.48.020 (Special elections) and 2004 c 266 s 15;
(85) RCW 29A.48.030 (Odd-year primaries) and 2003 c 111 s 1203;
(86) RCW 29A.48.040 (Depositing ballots‑-Replacement ballots) and 2003 c 111 s 1204, 2001 c 241 s 18, & 1983 1st ex.s. c 71 s 3;
(87) RCW 29A.48.050 (Return of voted ballot) and 2006 c 206 s 8 & 2003 c 111 s 1205;
(88) RCW 29A.48.060 (Ballot contents--Counting) and 2003 c 111 s 1206, 2001 c 241 s 20, 1993 c 417 s 5, 1990 c 59 s 76, 1983 1st ex.s. c 71 s 5, & 1967 ex.s. c 109 s 7;
(89) RCW 29A.52.311 (Notice of primary) and 2004 c 271 s 145;
(90) RCW 29A.52.351 (Notice of election) and 2004 c 271 s 175;
(91) RCW 29A.60.030 (Tabulation continuous) and 2004 c 266 s 16 & 2003 c 111 s 1503;
(92) RCW 29A.60.080 (Sealing of voting devices-Exceptions) and 2004 c 266 s 17;
(93) RCW 29A.84.525 (Electioneering by disability access voting election officer) and 2004 c 267 s 309;
(94) RCW 29A.84.670 (Unlawful acts by voters‑-Penalty) and 2003 c 53 s 181 & 1965 c 9 s 29.51.230;
(95) RCW 29A.84.670 (Unlawful acts by voters) and 2003 c 111 s 2134 & 1965 c 9 s 29.51.230; and
(96) RCW 29A.84.740 (Returns and posted copy of results‑-Tampering with) and 2003 c 111 s 2140.
NEW SECTION. Sec. 87. RCW 29A.46.260 is recodified as a section in chapter 29A.04 RCW.
NEW SECTION. Sec. 88. Sections 53 and 58 of this act take effect July 1, 2013.
NEW SECTION. Sec. 89. Sections 52 and 57 of this act expire July 1, 2013."
Correct the title.
|
|
EFFECT: Retains the ability of counties to continue to offer poll site voting while conforming laws to a policy of voting by mail.
|
--- END ---