SENATE BILL REPORT

SSB 5045

BYSenate Committee on Judiciary (originally sponsored by Senators Talmadge and Newhouse)

Revising vote canvass and recount procedures.

Senate Committee on Judiciary

Senate Hearing Date(s):January 26, 1987; January 29, 1987

Majority Report:  That Substitute Senate Bill No. 5045 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Talmadge, Chairman; Halsan, Vice Chairman; Bottiger, McCaslin, Moore, Nelson, Newhouse.

Senate Staff:Jon Carlson (786-7459)

                  March 30, 1987

AS PASSED SENATE, FEBRUARY 25, 1987

BACKGROUND:

Current law provides that the canvassing of absentee ballot returns must be completed no later than the tenth day after an election or primary.  In the case of a state general election, the canvassing period is extended to fifteen days.  There is no requirement that the county canvassing board canvass ballots on a daily basis during this ten or fifteen-day period, or transmit unofficial results to interested parties.

An officer of a political party or a losing candidate for whom votes are cast for nomination or election to an office may file with the appropriate canvassing board a written application for a vote recount.  However, in those jurisdictions containing more than one county, it is unclear which canvassing board should receive the application.  In the case of a mandatory recount, the canvassing board, of its own motion, makes a recount of all votes cast for a particular position.  Again, it is not clear which canvassing board would do the recount in the case of a multi- county jurisdiction.

County auditors are required to prepare absentee ballots for use by absentee voters at least twenty days before any primary. There is no similar provision with respect to general or special elections.

SUMMARY:

Whenever a mandatory recount appears likely, absentee ballots for the state primary or state general election which are received by the county auditor on or after the day of that primary or election are required to be processed and canvassed no later than the first business day following their receipt.  An exception is made when an insufficient number of ballots have been received to protect the secrecy of voters.

At the request of any state legislative caucus, the county auditor must transmit the unofficial returns of state and legislative primaries or elections prepared by or for the county canvassing board to either the Secretary of State or the Chief Clerk of the House.

The application for a recount of the votes cast for a state or local office in a jurisdiction which is entirely within one county must be filed with the county auditor of that county.  For a recount of votes cast for a federal or state office in a jurisdiction which is not entirely within one county, the application must be filed with the Secretary of State.

In the event of a mandatory recount, the county canvassing board is required to conduct a recount of the votes.  When the mandatory recount involves multi-county jurisdictions, the Secretary of State directs the appropriate county board to conduct the recount.

The county auditors are required to prepare absentee ballots for use by absentee voters at least twenty days before any primary, general election, or special election.  This requirement does not apply when there is a recount or litigation pending.

Technical improvements in language are made where appropriate.

Fiscal Note:      requested

Senate Committee - Testified: Sam Reed, Thurston County Auditor; Don Whiting, Office of the Secretary of State

HOUSE AMENDMENT:

The provision which requires absentee ballots to be processed and canvassed no later than the first business day following their receipt is deleted.