BILL REQ. #: Z-0340.1
| State of Washington | 62nd Legislature | 2011 Regular Session |
Read first time 01/14/11. Referred to Committee on Government Operations, Tribal Relations & Elections.
AN ACT Relating to elections by mail; amending RCW 29A.04.008, 29A.04.013, 29A.04.019, 29A.04.031, 29A.04.216, 29A.04.220, 29A.04.235, 29A.04.540, 29A.04.580, 29A.04.611, 29A.08.130, 29A.08.140, 29A.08.440, 29A.08.620, 29A.08.720, 29A.08.775, 29A.08.810, 29A.08.820, 29A.12.085, 29A.12.110, 29A.12.120, 29A.12.160, 29A.16.040, 29A.24.081, 29A.28.061, 29A.32.260, 29A.36.115, 29A.36.131, 29A.36.220, 29A.40.010, 29A.40.020, 29A.40.050, 29A.40.100, 29A.40.110, 29A.40.130, 29A.46.260, 29A.60.040, 29A.60.050, 29A.60.060, 29A.60.080, 29A.60.110, 29A.60.120, 29A.60.160, 29A.60.160, 29A.60.170, 29A.60.180, 29A.60.195, 29A.60.200, 29A.60.230, 29A.60.235, 29A.68.020, 29A.68.070, 29A.68.080, 29A.84.020, 29A.84.050, 29A.84.510, 29A.84.520, 29A.84.530, 29A.84.540, 29A.84.545, 29A.84.550, 29A.84.655, and 29A.84.730; reenacting and amending RCW 29A.60.165 and 29A.84.680; adding a new section to chapter 29A.44 RCW; adding a new section to chapter 29A.52 RCW; adding a new section to chapter 29A.04 RCW; creating a new section; recodifying RCW 29A.46.260; repealing RCW 29A.04.049, 29A.04.115, 29A.04.128, 29A.08.430, 29A.12.090, 29A.16.010, 29A.16.020, 29A.16.030, 29A.16.060, 29A.16.110, 29A.16.120, 29A.16.130, 29A.16.140, 29A.16.150, 29A.16.160, 29A.16.170, 29A.24.151, 29A.24.161, 29A.40.030, 29A.40.040, 29A.40.061, 29A.40.061, 29A.40.080, 29A.40.120, 29A.40.140, 29A.44.010, 29A.44.020, 29A.44.030, 29A.44.040, 29A.44.045, 29A.44.050, 29A.44.060, 29A.44.070, 29A.44.080, 29A.44.090, 29A.44.110, 29A.44.120, 29A.44.130, 29A.44.140, 29A.44.150, 29A.44.160, 29A.44.170, 29A.44.180, 29A.44.190, 29A.44.201, 29A.44.205, 29A.44.207, 29A.44.210, 29A.44.221, 29A.44.225, 29A.44.231, 29A.44.240, 29A.44.250, 29A.44.260, 29A.44.265, 29A.44.270, 29A.44.280, 29A.44.290, 29A.44.310, 29A.44.320, 29A.44.330, 29A.44.340, 29A.44.350, 29A.44.410, 29A.44.420, 29A.44.430, 29A.44.440, 29A.44.450, 29A.44.460, 29A.44.470, 29A.44.480, 29A.44.490, 29A.44.500, 29A.44.510, 29A.44.520, 29A.44.530, 29A.46.010, 29A.46.020, 29A.46.030, 29A.46.110, 29A.46.120, 29A.46.130, 29A.48.010, 29A.48.020, 29A.48.030, 29A.48.040, 29A.48.050, 29A.48.060, 29A.52.311, 29A.52.351, 29A.60.030, 29A.84.525, 29A.84.670, 29A.84.670, and 29A.84.740; prescribing penalties; providing effective dates; and providing an expiration date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 29A.04.008 and 2007 c 38 s 1 are each amended to read
as follows:
As used in this title:
(1) "Ballot" means, as the context implies, either:
(a) The issues and offices to be voted upon in a jurisdiction or
portion of a jurisdiction at a particular primary, general election, or
special election;
(b) A facsimile of the contents of a particular ballot whether
printed on a paper ballot or ballot card or as part of a voting machine
or voting device;
(c) A physical or electronic record of the choices of an individual
voter in a particular primary, general election, or special election;
or
(d) The physical document on which the voter's choices are to be
recorded;
(2) "Paper ballot" means a piece of paper on which the ballot for
a particular election or primary has been printed, on which a voter may
record his or her choices for any candidate or for or against any
measure, and that is to be tabulated manually;
(3) "Ballot card" means any type of card or piece of paper of any
size on which a voter may record his or her choices for any candidate
and for or against any measure and that is to be tabulated on a vote
tallying system;
(4) "Sample ballot" means a printed facsimile of all the issues and
offices on the ballot in a jurisdiction and is intended to give voters
notice of the issues, offices, and candidates that are to be voted on
at a particular primary, general election, or special election;
(5) "Provisional ballot" means a ballot issued ((at the polling
place on election day by the precinct election board)) 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.04.216 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. 6 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. 7 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. 8 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. 9 RCW 29A.04.580 and 2003 c 111 s 156 are each amended to
read as follows:
The county auditor may designate any person who has been certified
under this chapter, other than the auditor, to participate in a review
conducted in the county under this chapter. Each county auditor and
canvassing board shall cooperate fully during an election review by
making available to the reviewing staff any material requested by the
staff. The reviewing staff shall have full access to ((ballot pages,
absentee 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. 10 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. 11 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. 12 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. 13 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. 14 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. 15 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. 16 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. 17 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. 18 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. 19 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. 20 RCW 29A.12.110 and 2003 c 111 s 311 are each amended to
read as follows:
In preparing a voting device for a primary or election, a record
shall be made of the ballot format installed in each device ((and the
precinct or portion of a precinct for which that device has been
prepared)). Except where provided by a rule adopted under RCW
((29A.04.610)) 29A.04.611, after being prepared for a primary or
election, each device shall be sealed with a uniquely numbered seal
((and provided to the inspector of 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, 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. 21 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)) 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.)) 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.
((
(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 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. 22 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.)) For purposes of this section, the following definitions
apply:
(3) Compliance with subsection (2) of this section is contingent on
available funds to implement this provision.
(4)
(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. 23 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.)) The county auditor shall temporarily adjust precinct
boundaries when a city or town annexes unincorporated territory to the
city or town, or whenever unincorporated territory is incorporated as
a city or town. The adjustment must be made as soon as possible after
the approval of the annexation or incorporation. The temporary
adjustment must be limited to the minimum changes necessary to
accommodate the addition of the territory to the city or town, or to
establish the eligible voters within the boundaries of the new city or
town, and remains in effect only until precinct boundary modifications
reflecting the annexation or incorporation are adopted by the county
legislative authority.
(4) On petition of twenty-five or more voters resident more than
ten miles from any polling site, the county legislative authority shall
establish a separate voting precinct therefor.
(5)
(((6) In determining the number of active registered voters for the
purposes of this section, persons who are ongoing absentee voters under
RCW 29A.40.040 shall not be counted. Nothing in this subsection may be
construed as altering the vote tallying requirements of RCW
29A.60.230.))
Sec. 24 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. 25 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. 26 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. 27 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:)) incapable of being
tabulated by ((
(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 bepoll-site counting devices)) a voting system.
Sec. 28 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. 29 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. 30 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. 31 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.)) A request for
((
(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.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. 32 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)) issued 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. 33 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. The absence of the
observers will not prevent the processing of ((absentee)) ballots if
the county auditor has requested their presence.
Sec. 34 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. 35 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.)) all ballots
issued and received. 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.
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
NEW SECTION. Sec. 36 A new section is added to chapter 29A.44
RCW to read as follows:
(1) Each county auditor shall open a voting center in the county
auditor's office 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,
replacement 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.
(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) Any person desiring to vote at a voting center 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
removed from a ballot drop box must be counted, with a record kept of
the date, time, number of ballots received, and the name of the person
transferring the ballots to secure storage. 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.
Sec. 37 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. 38 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. 39 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. 40 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. 41 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. 42 RCW 29A.60.080 and 2004 c 266 s 17 are each amended to
read as follows:
Except for reopening to make a recanvass, the ((registering
mechanism)) programming of each ((mechanical)) voting device used in
any primary or election shall remain sealed until ten days after the
completion of the canvass of that primary or election in that county.
((Except where provided by a rule adopted under RCW 29A.04.610, voting
devices used in a primary or election shall remain sealed until ten
days after the completion of the canvass of that primary or election in
that county.))
Sec. 43 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)) that have been deposited in ballot drop
locations 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.))
The ballots ((tabulated in poll-site ballot counting devices)) must
be sealed by two ((of the election precinct officers at the polling
place)) people working under the direction of the county auditor, 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 of the log 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)) ballot drop location 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)) to conduct the random
check authorized by 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. 44 RCW 29A.60.120 and 2003 c 111 s 1512 are each amended to
read as follows:
(1) ((The ballots picked up from the precincts during the polling
hours may be counted only at the counting center before the polls have
closed. Election returns from the count of these ballots must be held
in secrecy until the polls have been closed.)) All voted ballots must be manually inspected for
damage, write-in votes, and incorrect or incomplete marks. If it is
found that any ballot is damaged so that it cannot properly be counted
by the vote tallying system, a true duplicate copy must be made of the
damaged ballot in the presence of witnesses and substituted for the
damaged ballot. All damaged ballots must be kept by the county auditor
until sixty days after the primary or election or according to federal
law, whichever is longer.
(2) Upon breaking the seals and opening the ballot containers from
the precincts,
(((3))) (2) The returns produced by the vote tallying system, to
which have been added the counts of questioned ballots, and write-in
votes, ((and absentee votes,)) constitute the official returns of the
primary or election in that county.
Sec. 45 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. 46 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. 47 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. 48 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 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) A random check of
the ballot counting equipment may be conducted upon mutual agreement of
the political party observers or at the discretion of the county
auditor. The random check procedures must be adopted by the county
canvassing board prior to the processing of ballots. The random check
process shall involve a comparison of a manual count to the machine
count and may involve up to either three precincts or six batches
depending on the ballot counting procedures in place in the county.
The random check will be limited to one office or issue on the ballots
in the precincts or batches that are selected for the check. The
selection of the precincts or batches to be checked must be selected
according to procedures established by the county canvassing board and
the check must be completed no later than forty-eight hours after
election day.
(3) In counties using poll-site ballot counting devices, the
political party observers, upon mutual agreement, may choose as many as
three precincts and request that a manual count be made of the number
of ballots and the votes cast on any office or issue. The results of
this count will be compared to the count of the precinct made by the
poll-site ballot counting device. These selections must be made no
later than thirty minutes after the close of the polls. The manual
count must be completed within forty-eight hours after the close of the
polls. The process must take place at a location designated by the
county auditor for that purpose. The political party observers must
receive timely notice of the time and location, and have the right to
be present. However, the process must proceed as scheduled if the
observers are unable to attend.
(4) In counties voting entirely by mail,
Sec. 49 RCW 29A.60.180 and 2003 c 111 s 1518 are each amended to
read as follows:
Each registered voter casting ((an absentee)) a 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. 50 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. 51 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. 52 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.)) 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 ((
(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,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. 53 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;)) (1) 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)
(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 received;
(7) The number of provisional ballots counted;
(8) The number of provisional ballots rejected;
(9) The number of federal write-in ballots received;
(10) The number of federal write-in ballots counted;
(11) The number of federal write-in ballots rejected;
(12) The number of overseas and service ballots issued;
(13) The number of overseas and service ballots counted;
(l4) The number of overseas and service ballots rejected;
(15) The number of voters credited with voting; and
(16) 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. 54 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. 55 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. 56 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. 57 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. 58 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. 59 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:)) 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.
(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)
Sec. 60 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. 61 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 36 of this act to any voter who
requests it.
Sec. 62 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. 63 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. 64 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. 65 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, is guilty of a class C felony
punishable under RCW 9A.20.021.
Sec. 66 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. 67 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.
NEW SECTION. Sec. 68 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. 69 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.84.525 (Electioneering by disability access voting
election officer) and 2004 c 267 s 309;
(93) RCW 29A.84.670 (Unlawful acts by voters -- Penalty) and 2003 c
53 s 181 & 1965 c 9 s 29.51.230;
(94) RCW 29A.84.670 (Unlawful acts by voters) and 2003 c 111 s 2134
& 1965 c 9 s 29.51.230; and
(95) RCW 29A.84.740 (Returns and posted copy of results -- Tampering
with) and 2003 c 111 s 2140.
NEW SECTION. Sec. 70 RCW 29A.46.260 is recodified as a section
in chapter 29A.04 RCW.
NEW SECTION. Sec. 71 Section 46 of this act takes effect July 1,
2013.
NEW SECTION. Sec. 72 Section 45 of this act expires July 1,
2013.
NEW SECTION. Sec. 73 With the exception of section 46 of this
act, this act takes effect January 1, 2012.