H-2172 _______________________________________________
SUBSTITUTE HOUSE BILL NO. 2008
_______________________________________________
State of Washington 51st Legislature 1989 Regular Session
By House Committee on State Government (originally sponsored by Representative R. Fisher)
Read first time 3/1/89.
AN ACT Relating to elections; amending RCW 29.01.006, 29.01.050, 29.18.015, 29.18.022, 29.21.010, 29.27.020, 29.27.050, 29.30.010, 29.30.020, 29.30.040, 29.30.060, 29.30.081, 29.30.101, 29.30.130, 29.33.020, 29.33.041, 29.33.051, 29.33.061, 29.33.081, 29.33.130, 29.33.230, 29.34.080, 29.34.085, 29.34.090, 29.34.143, 29.34.153, 29.34.157, 29.34.163, 29.34.167, 29.34.170, 29.48.010, 29.48.030, 29.48.070, 29.48.100, 29.51.010, 29.51.050, 29.51.060, 29.51.070, 29.51.100, 29.51.140, 29.51.150, 29.51.175, 29.51.180, 29.51.190, 29.51.240, 29.51.250, 29.54.010,29.54.035, 29.54.050, 29.54.060, 29.54.170, 29.62.010, 29.62.040, 29.62.050, 29.64.030, 29.64.040, 29.64.050, 29.64.060, 29.71.020, 29.74.080, and 29.82.130; adding new sections to chapter 29.01 RCW; adding a new section to chapter 29.04 RCW; adding a new section to chapter 29.18 RCW; adding new sections to chapter 29.30 RCW; adding new sections to chapter 29.33 RCW; adding a new section to chapter 29.51 RCW; adding new sections to chapter 29.54 RCW; creating a new section; recodifying RCW 29.34.080, 29.34.085, 29.34.090, 29.34.143, 29.34.163, 29.34.170, 29.33.230, 29.34.153, 29.34.157, 29.34.167, and 29.54.035; repealing RCW 29.18.020, 29.18.110, 29.21.017, 29.21.085, 29.21.090, 29.21.110, 29.21.120, 29.21.130, 29.21.150, 29.21.160, 29.21.210, 29.21.330, 29.27.010, 29.27.040, 29.27.045, 29.30.030, 29.30.061, 29.30.091, 29.30.310, 29.30.320, 29.30.330, 29.30.340, 29.30.350,29.30.370, 29.30.380, 29.30.390, 29.30.410, 29.30.420, 29.30.430, 29.30.440, 29.30.450, 29.30.460, 29.30.480, 29.30.490, 29.33.010, 29.33.015, 29.33.090, 29.33.110, 29.33.120, 29.33.140, 29.33.150, 29.33.160, 29.33.170, 29.33.180, 29.33.190, 29.33.200, 29.33.210, 29.33.220, 29.34.010, 29.34.125, 29.34.130, 29.34.140, 29.34.145, 29.34.180, 29.51.080, 29.51.110, 29.51.120, 29.51.130, 29.51.160, 29.51.220, 29.51.260, 29.54.020, 29.54.030, 29.54.040, 29.54.043, 29.54.045, 29.54.070, 29.54.080, 29.54.090, 29.54.100, 29.54.110, 29.54.120, 29.54.130, and29.54.140; prescribing penalties; and providing an effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. By this act the legislature intends to unify and simplify the laws and procedures governing ballot layout, ballot format, voting equipment, and canvassing.
Sec. 2. Section 1, chapter 361, Laws of 1977 ex. sess. and RCW 29.01.006 are each amended to read as follows:
As used in this title:
(1)
"Ballot" ((shall mean a paper ballot, a voting machine diagram, a
ballot label, a ballot book, a ballot page, or any combination thereof)) means,
as the context ((may imply)) 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" ((shall)) means a piece of paper ((whereon
the candidates and measures to be voted upon)) on which the ballot
for a particular election or ((a)) primary ((appear and upon)) has
been printed, on which a voter may ((directly indicate a vote)) record
his or her choices for any candidate or for or against any measure, and
that is to be tabulated manually;
(3) (("Voting
machine diagram" means an illustration of a voting machine complete with
ballot labels prepared for a particular election or a primary;
(4))) "Ballot card" means any type of ((tabulating))
card or ((cards or ballots)) piece of paper of any size ((upon))
on which ((the)) a voter may record((s)) his
((vote and shall also include either a security flap or an envelope issued
to each voter at ballot card precincts for the voter to conceal his voted
ballot to insure secrecy and to provide a space for the voter to cast write-in
votes if he so desires)) or her choices for any candidate and for or
against any measure and that is to be tabulated on a vote tallying system;
(((5)
"Ballot label" means the card or paper containing the names of
offices and candidates and the statements of measures to be voted upon;
(6)
"Ballot page" means the pages on the vote recorder used to display
the printed ballot titles and the names of candidates together with properly
aligned numbers of response positions;
(7)
"Chad" means the price [piece] of material which is removed or
partially removed when punching a hole or notch in a prescored ballot card)) (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.
NEW SECTION. Sec. 3. A new section is added to chapter 29.01 RCW 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 and prepare the certification for a primary or general election and includes the tabulation of any votes for that primary or election that were not tabulated at the precinct or in a counting center on the day of the primary or election.
NEW SECTION. Sec. 4. A new section is added to chapter 29.01 RCW to read as follows:
"Counting center" means the facility or facilities designated by the county auditor in which the canvassing of ballots on a vote tallying system is conducted on the day of a primary or election.
Sec. 5. Section 29.01.050, chapter 9, Laws of 1965 and RCW 29.01.050 are each amended to read as follows:
"Election"
when used alone means a general election except where the context indicates
that a special election is ((meant)) included.
"Election" when used without qualification ((never means)) does
not include a primary ((election)).
NEW SECTION. Sec. 6. A new section is added to chapter 29.01 RCW to read as follows:
"Filing officer" means the county or state officer with whom declarations of candidacy for an office are required to be filed under this title.
NEW SECTION. Sec. 7. A new section is added to chapter 29.01 RCW to read as follows:
(1) "Voting system" means a voting device, vote tallying system, or combination of these together with ballots and other supplies or equipment used to conduct a primary or election or to canvass the votes cast in a primary or election;
(2) "Voting device" means a piece of equipment used for the purpose of or to facilitate the marking of a ballot to be tabulated by a vote tallying system or a piece of mechanical or electronic equipment used to directly record votes and to accumulate results for a number of issues or offices from a series of voters; and
(3) "Vote tallying system" means a piece of mechanical or electronic equipment and associated data processing software used to tabulate votes cast on ballot cards or otherwise recorded on a voting device or to prepare that system to tabulate ballot cards or count votes.
NEW SECTION. Sec. 8. A new section is added to chapter 29.04 RCW to read as follows:
The secretary of state shall adopt rules to:
(1) Establish standards for the design, layout, and production of ballots;
(2) Provide for the examination and testing of voting systems for certification;
(3) Specify the source and scope of independent evaluations of voting systems that may be relied upon in certifying voting systems for use in this state;
(4) Establish standards and procedures for the acceptance testing of voting systems by counties;
(5) Establish standards and procedures for testing the programming of vote tallying software for specific primaries and elections;
(6) Establish 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;
(7) Establish standards and procedures to ensure the accurate tabulation and canvassing of ballots;
(8) Provide 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;
(9) Ensure the secrecy of a voter's ballot when a small number of ballots are counted at the polls or at a counting center;
(10) Govern 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 and from the substitute device or means, and the documentation that must be submitted to the county auditor regarding such circumstances; and
(11) Govern the transportation of sealed containers of voted ballots or sealed voting devices.
The secretary shall publish proposed rules implementing this section not later than December 15, 1990.
Sec. 9. Section 1, chapter 52, Laws of 1965 and RCW 29.18.015 are each amended to read as follows:
Not less
than ((ten)) thirty days before the ((time)) first day
for filing declarations of candidacy under RCW 29.18.025 for ((the))
a legislative, judicial, county, city, town, or district office ((of
state representative in representative districts embracing more than one county))
where more than one position with the same name or title will be voted upon
at the succeeding election, the ((secretary of state)) filing
officer shall ((in each case)) designate the positions to be filled
by consecutive number commencing with ((the number, "No. 1". The
county auditor shall do likewise for state representative positions in counties
wherein the representative districts are confined to the whole or part of a
single county)) one.
The
position numbers shall be assigned, whenever possible, to reflect the position
numbers that were used to designate the same positions at the last full-term
elections for those offices. The ((state representative)) positions
so designated shall be dealt with as separate offices for all election
purposes. ((The provisions of this section shall not apply to those
representative districts assigned a single state representative position.))
Sec. 10. Section 1, chapter 120, Laws of 1986 as amended by section 1, chapter 110, Laws of 1987 and RCW 29.18.022 are each amended to read as follows:
((The
names of all candidates for partisan office, for the office of superintendent
of public instruction, and for all judicial offices shall be rotated in each
precinct in the manner specified by RCW 29.30.040, 29.30.340, and 29.30.440.))
The order of names of candidates for ((such)) federal, state, and
county partisan offices, for the office of superintendent of public
instruction, and for all judicial offices on sample ballots and ((on))
absentee ballots in primaries shall be determined in the following manner:
(1) After the close of business on the last day for candidates to file for office, the officer with whom declarations of candidacy are filed shall, from among those filings made in person and by mail in accordance with RCW 29.18.045(2), determine by lot the order in which the names of those candidates shall appear on the sample and absentee ballots under the appropriate office headings.
(2) The determination shall be done publicly, and may be witnessed by the media and by any candidate desiring to do so.
(((2)
For the purposes of this section and RCW 29.18.045, "filing officer"
means the officer with whom declarations of candidacy for an office must be
filed.))
NEW SECTION. Sec. 11. A new section is added to chapter 29.18 RCW to read as follows:
Not less than ten days before the first day for filing declarations of candidacy for a legislative, judicial, county, city, town, or district office, where more than one position with the same name or title will be voted on at the succeeding election, the filing officer shall designate the positions to be filled in the appropriate district or jurisdiction by consecutive number, commencing with one. The designated positions shall be dealt with as separate offices for all election purposes.
With the exception of the supreme court, the position numbers shall be assigned, whenever possible, to reflect the position numbers that were used to designate the same positions at the last full-term elections for those offices. This is the exclusive method of nominating and electing councilmembers for all cities and towns, the charter provisions of any city notwithstanding.
Sec. 12. Section 29.21.010, chapter 9, Laws of 1965 as last amended by section 3, chapter 53, Laws of 1977 and RCW 29.21.010 are each amended to read as follows:
All ((cities))
city and town((s shall hold primary elections irrespective of type or
form of government which)) primaries shall be nonpartisan ((and
held as provided in RCW 29.13.070, as now or hereafter amended)). Primaries
for all special purpose districts, except those districts which
require ownership of property within ((said)) the district((s))
as a prerequisite to voting, shall ((hold primary elections which shall))
be nonpartisan ((and)). City, town, and district primaries shall be
held ((as)) at the time provided in RCW 29.13.070 ((as now or
hereafter amended.
All names
of candidates to be voted upon at city, town, and such district primary
elections shall be printed upon the official primary ballot alphabetically in
groups under the designation of the respective titles of the offices for which
they are candidates. The name of the person who receives the greatest number
of votes and of the person who receives the next greatest number of votes for
each position, shall appear in that order on the city, town, or district
general election ballot concerned under the designation for each respective
office. In the event there are two or more offices to be filled for the same
position, then names of candidates receiving the highest number of votes equal
in number to twice the offices to be filled shall appear on the city, town, or
district general election ballot so that the voter shall have a choice of two
candidates for each position: PROVIDED, That no name of any candidate shall
appear on the city, town, or district general election ballot unless said
candidate shall receive at least five percent of the total votes cast for that
office. The sequence of names of candidates printed on the city, town, or
district general election ballot shall be in relation to the number of votes
each candidate received at the primary. Names of candidates printed upon the
city, town, or district primary and general election ballot need not be rotated)).
The purpose
of this section is to establish the holding of a primary ((election)),
subject to the exemptions ((as contained)) in RCW 29.21.015 ((as now
or hereafter amended)), as a uniform procedural requirement to the holding
of city, town, and district elections ((and such)). These
provisions ((shall)) supersede any and all other statutes, whether
general or special in nature, having different election requirements.
Sec. 13. Section 29.27.020, chapter 9, Laws of 1965 as amended by section 4, chapter 103, Laws of 1965 ex. sess. and RCW 29.27.020 are each amended to read as follows:
((Prior
to any September primary,)) On or before the ((first Wednesday))
day following the last day for political parties to fill vacancies in
the ticket as provided by RCW 29.18.150, the secretary of state shall ((transmit))
certify to each county auditor a ((certified)) list of the
candidates ((for office to be voted for in each county as represented by the))
who have filed declarations of candidacy ((and nomination papers
filed)) in his or her office for the primary. For each
office, the certificate shall ((set forth)) include the name
of each candidate, his ((post office)) or her address, ((the
office for which he is a candidate)) and his or her party
designation, if any.
Sec. 14. Section 29.27.050, chapter 9, Laws of 1965 as amended by section 7, chapter 103, Laws of 1965 ex. sess. and RCW 29.27.050 are each amended to read as follows:
((As
soon as possible but in any event)) No later than the ((fifth))
day following ((official)) the certification of the returns of
any primary ((election as made by the canvassing board)), the secretary
of state shall certify to the appropriate county auditors ((of
each county within which any of the electors may by law vote for candidates for
such office)), the names ((and place of residence)) of ((each))
all persons nominated for ((such office, as specified in the
certificates of nomination filed with)) offices, the returns of which
have been canvassed by the secretary of state.
Sec. 15. Section 29.30.010, chapter 9, Laws of 1965 as last amended by section 10, chapter 167, Laws of 1986 and RCW 29.30.010 are each amended to read as follows:
Every ((primary
paper)) ballot for a single combination of issues and offices shall
be uniform ((in color and size,)) within a precinct and shall ((be
white and printed in black ink. Each ballot shall be identified at the top with
the words, "Primary Election Ballot," and below that)) identify
the type of primary or election, the county ((in which the ballot is to
be used)), and the date of the primary or election, and the ballot
or voting device shall contain instructions on the proper method of
recording a vote, including write-in votes((: "To vote for a
person mark a cross in the first square at the right of the name of the person
for whom you desire to vote. To vote for a person not on the ballot, write in
the name of the candidate, and the party affiliation if for a partisan office,
in the space provided." Beginning at the top of the left hand column, at
the left of the line shall appear the name of the position for which the names
following are candidates, and to the extreme right of the same line the words,
"Vote for," then the words "One," "Two," or a
spelled number designating how many persons under that head are to be voted
for. Below this shall come the names of all candidates for that position, each
followed by the name of the political party, if any, with which the candidate
desires to affiliate or the word "nonpartisan", with a square to the
right)). Each position, together with the names ((running)) of
the candidates for that office, shall be clearly separated from ((the
following one by a bold line. All primary paper ballots shall be sequentially
numbered, but done in such a way to permit removal of such numbers without revealing
the identity of any individual voter. There shall be no printing upon the back
of the ballots nor any mark thereon to distinguish them)) other offices
or positions in the same jurisdiction. The offices in each jurisdiction shall
be clearly separated from each other. No paper ballot or ballot card may be
marked in any way that would permit the identification of the person who voted
that ballot.
NEW SECTION. Sec. 16. A new section is added to chapter 29.30 RCW to read as follows:
Except for the candidates for the positions of president and vice-president or for a partisan or nonpartisan office for which no primary is required, the names of all candidates who have filed for nomination under chapter 29.18 RCW and those independent candidates and candidates of minor political parties who have been nominated under chapter 29.24 RCW shall appear on the appropriate ballot at the primary throughout the jurisdiction in which they are to be nominated.
NEW SECTION. Sec. 17. A new section is added to chapter 29.30 RCW to read as follows:
The names of all candidates to be voted on at primaries for cities, towns, and special purpose districts shall be printed on the appropriate ballot for that primary alphabetically in groups under the titles of the offices for which they are candidates. The names of candidates for city, town, and district offices on the ballot at the primary shall not be rotated.
Sec. 18. Section 29.30.020, chapter 9, Laws of 1965 as last amended by section 52, chapter 361, Laws of 1977 ex. sess. and RCW 29.30.020 are each amended to read as follows:
((In
precincts using paper ballots and on absentee paper ballots,)) The
positions or offices on a ((state)) primary ballot shall be arranged in
substantially the following order: United States senator; United States
representative; governor; lieutenant governor; secretary of state; state
treasurer; state auditor; attorney general; commissioner of public lands; superintendent
of public instruction; insurance commissioner; state senator; state
representative; county officers; ((superintendent of public instruction;))
justices of the supreme court; judges of the court of appeals; judges of the
superior court; and judges of the district court. For all other jurisdictions
((appearing)) on the primary ballot, the offices in each jurisdiction
shall be grouped together and be in the order of the position numbers assigned
to those offices, if any. ((Unless otherwise specified by law, the names
shall be listed in order of filing. There shall be a blank space left
following the list of names of candidates for each office or position for
writing in the name of a candidate, if desired.))
The order of the positions or offices on an election ballot shall be substantially the same as on a primary ballot except that the offices of president and vice-president of the United States shall precede all other offices on a presidential election ballot. State ballot issues shall be placed before all offices on an election ballot. The positions on a ballot to be assigned to ballot measures regarding local units of government shall be established by the secretary of state by rule.
The political party or independent candidacy of each candidate for partisan office shall be indicated next to the name of the candidate on the primary and election ballot.
Sec. 19. Section 29.30.040, chapter 9, Laws of 1965 as amended by section 54, chapter 361, Laws of 1977 ex. sess. and RCW 29.30.040 are each amended to read as follows:
((In
primary elections in precincts where votes are cast on paper ballots, unless
otherwise required by law)) At primaries, the names of candidates for
federal, state, and county partisan offices, for the office of superintendent
of public instruction, and for judicial offices shall, for each office or
position ((shall)), be ((first)) arranged initially
in the order ((in which their declarations of candidacy were filed)) determined
under RCW 29.18.022. Additional sets of ((official)) ballots shall
be ((printed)) prepared in which the positions of the names of
all candidates for each ((such)) office or position shall be changed as
many times as there are candidates in the office or position in which there are
the greatest number of names. As nearly as possible an equal number of ballots
shall be ((printed)) prepared after each change. In making the
changes of position between each set of ballots, the candidates for each such
office in the first position under the office heading shall be moved to the
last position under that office heading, and each other name shall be moved up
to the position immediately above its previous position under that office
heading. ((After the required sets of ballots are printed, they shall be
kept in separate piles, one pile for each change of position, and shall then be
gathered by taking one from each pile, the intention being that every other
ballot at the polls shall have the names of the candidates under such offices
in a different position.)) The effect of this rotation of the order of
the names shall be that the name of each candidate for an office or position
shall appear first, second, and so forth for that office or position on the
ballots of a nearly equal number of registered voters in that jurisdiction. In
a precinct using voting devices, the names of the candidates for each office
shall appear in only one sequence.
Sec. 20. Section 29.30.060, chapter 9, Laws of 1965 as last amended by section 3, chapter 295, Laws of 1987 and RCW 29.30.060 are each amended to read as follows:
Except in
class AA counties ((or portions of counties using paper ballots)),
on or before the fifteenth day before a primary or ((an)) election, the
county auditor shall prepare a sample ((paper)) ballot which shall be ((displayed
in a conspicuous place in the county auditor's office for public inspection))
made readily available to members of the public. The secretary of state
shall adopt rules governing the preparation of sample ballots in class AA
counties. The rules shall permit, among other alternatives, the preparation of
more than one sample ballot by a class AA county for a primary or election,
each of which lists a portion of the offices and issues to be voted on in that
county. ((Sample paper ballots shall be substantially in the same form
as the official paper ballots but upon colored paper. The names of the
candidates in the primary for each office shall be arranged on the sample
ballot in the order provided by RCW 29.18.022 and 29.18.045, and the names of
candidates in the general election for each office shall be in the order in
which their names appear on the official ballot, as provided in RCW
29.30.081(2), except that)) The position of precinct committee
officer shall be shown on the ((general election)) sample ballot ((only
by a listing of the position itself, and)) for the general election, but
the names of candidates ((therefor)) for the individual positions
need not be shown.
NEW SECTION. Sec. 21. A new section is added to chapter 29.30 RCW to read as follows:
(1) Except as provided under subsection (2) of this section, on the ballot at the general election for a nonpartisan office for which a primary was held, the name of the candidate that received the greatest number of votes and of the candidate that received the next greatest number of votes for that office shall appear in that order under the title of that office. On the ballot at the general election for a city, town, or district office for which no primary was held, the candidates shall be listed in alphabetical order under the title of that office. On the ballot at the general election for any other nonpartisan office for which no primary was held, the names of the candidates shall be listed in the order determined under RCW 29.18.022. The names of the candidates for city, town, or district offices on the ballot at the general election shall not be rotated.
(2) On the ballot at the general election for the office of justice of the supreme court, judge of the court of appeals, judge of the superior court, or state superintendent of public instruction, if a candidate in a contested primary receives a majority of all the votes cast for that office or position, only the name of that candidate shall be printed under the title of the office for that position.
Sec. 22. Section 60, chapter 361, Laws of 1977 ex. sess. as last amended by section 11, chapter 167, Laws of 1986 and RCW 29.30.081 are each amended to read as follows:
(1) On the
top of each ((general election paper)) ballot there shall be printed
instructions directing the voters how to mark the ballot, including write-in
votes. ((Next)) After the instructions and before the offices
shall be placed the questions of adopting constitutional amendments or any
other state measure authorized by law to be submitted to the voters ((of
such)) at that election.
(2) The
candidate or candidates of the major political party which received the highest
number of votes from the electors of this state for the office of president of
the United States at the last presidential election shall appear first ((below))
following the appropriate office heading, the candidate or
candidates of the other major political parties shall follow according to the
votes cast for their nominees for president at the last presidential election,
and independent candidates and the candidate or candidates of all other
parties shall follow in the order of their qualification with the secretary of
state. ((The candidates for nonpartisan offices shall be listed in the
manner otherwise provided by law. There shall be blank spaces for writing in
the name of any candidate, if desired, on the ballot.))
(3) ((There
shall be a ¨ at the right of the name of each nominee so that a voter
may clearly indicate the candidate or the candidates for whom he wishes to cast
his ballot.
(4) Under
the designation of the office there shall be indicated the number of candidates
to such office to be voted for at such election.
(5) If the
election is in a year in which a president of the United States is to be
elected,)) The names
of candidates for president and vice-president for each political party
shall be grouped together((, each group enclosed in brackets)) with a
single ((square to the right in which the)) response position for a
voter to indicate((s)) his or her choice.
(((6)))
(4) All paper ballots ((for general elections)) and ballot
cards shall be sequentially numbered((, but done)) in such a way to
permit removal of such numbers without leaving any identifying marks on the
ballot. ((There shall be no printing on the back of the paper ballots nor
any mark thereon to distinguish them.))
Sec. 23. Section 58, chapter 361, Laws of 1977 ex. sess. as amended by section 4, chapter 295, Laws of 1987 and RCW 29.30.101 are each amended to read as follows:
The names
of the persons certified as ((the)) nominees ((resulting from a
primary election)) by the secretary of state or the county canvassing board
shall be printed on the ((official)) ballot ((prepared for)) at
the ensuing election.
No name of
any candidate whose nomination at a primary is required by law shall be placed
upon the ballot at a general or special election unless it appears upon
the certificate of either (1) the secretary of state, or (2) the county
canvassing board, or (3) a minor party convention((,)) or (((4) of))
the state or county central committee of a major political party to fill a
vacancy on its ticket ((occasioned by any cause on account of which it is
lawfully authorized so to do)) under RCW 29.18.160.
((No
person who has offered himself or herself as a candidate for the nomination of
one party at the primary shall have the person's name printed on the ballot of
the succeeding general election as the candidate of another political party.
No)) Excluding the office of precinct committee officer,
a candidate's name shall not appear more than once upon ((the))
a ballot((, unless the name appears once for the office of precinct
committee officer, in which case the name may appear not more than twice:
PROVIDED, That any candidate who has been nominated by two or more political
parties may, upon a written notice filed with the county auditor within three
days after the certification of the canvass of the primary, designate the
political party under whose title the person desires to have his or her name
placed)).
NEW SECTION. Sec. 24. A new section is added to chapter 29.30 RCW to read as follows:
The name of a candidate for a partisan office shall not be printed on the ballot for that office at the general election unless the candidate receives a number of votes equal to at least one percent of the total number cast for all candidates for that position sought and a plurality of the votes cast for the candidates of his or her party for that office at the preceding primary.
NEW SECTION. Sec. 25. A new section is added to chapter 29.30 RCW to read as follows:
The name of a candidate for a city, town, or district office shall not appear on the ballot at the general election unless the candidate received at least five percent of the total votes cast for that office at the primary.
Sec. 26. Section 29.30.130, chapter 9, Laws of 1965 and RCW 29.30.130 are each amended to read as follows:
The cost
of printing ((of)) ballots ((and)), ballot cards ((of)),
and instructions ((for electors)) and the delivery of ((the
same)) this material to the precinct election officers shall
be ((a charge against the county, city, town or other political subdivision
by or for which the election is held)) an election cost that shall be
borne as determined under RCW 29.13.045 and 29.13.047, as appropriate.
Sec. 27. Section 29.33.020, chapter 9, Laws of 1965 as amended by section 12, chapter 109, Laws of 1967 ex. sess. and RCW 29.33.020 are each amended to read as follows:
At ((all))
any primary or election((s, ballots or)) in any county,
votes may be cast, registered, recorded ((and)), or counted by
means of voting ((machines, paper ballots, ballot cards, voting devices and
vote tallying)) systems that have been approved under RCW 29.33.041.
((The provisions of all statutes, charters and ordinances relating to
elections and primaries shall apply to the use of voting machines, paper
ballots, ballot cards, voting devices and vote tallying systems insofar as they
are consistent with the provisions of this 1967 amendatory act; insofar as they
are inconsistent, they shall be of no force and effect in precincts where
voting machines, paper ballots, ballot cards, voting devices and vote tallying
systems are used.))
Sec. 28. Section 1, chapter 40, Laws of 1982 and RCW 29.33.041 are each amended to read as follows:
The
secretary of state shall inspect, evaluate, and publicly ((examine
and report on)) test all voting ((machines, voting devices, and
vote tally)) systems or components of voting systems that are
submitted ((to the secretary)) for review under RCW 29.33.051.
The secretary of state shall determine whether the voting ((machines, voting
devices, and vote tally)) systems conform with ((statutory)) all
of the requirements of this title, the applicable rules adopted
in accordance with this title, and with generally accepted safety
requirements. The secretary of state shall ((submit)) transmit a
copy of the report of any examination under this section, within thirty
days after completing the examination, to the ((board of county
commissioners and the)) county auditor of each county ((and to all other
persons requesting a copy)).
Sec. 29. Section 2, chapter 40, Laws of 1982 and RCW 29.33.051 are each amended to read as follows:
((Any
owner)) The manufacturer or distributor of a voting ((machine,
voting device, or vote tally)) system or ((any interested person)) component
of a voting system may submit ((the voting machine, voting device, or
vote tally)) that system or component to the secretary of
state for examination under RCW 29.33.041.
Sec. 30. Section 3, chapter 40, Laws of 1982 and RCW 29.33.061 are each amended to read as follows:
(1)
The secretary of state may ((employ not more than three)) rely on the
results of independent design, engineering, and performance evaluations in the
examination under RCW 29.33.041 if the source and scope of these independent
evaluations are specified by rule.
(2) The
secretary of state may contract with experts in ((one or more of the
fields of)) mechanical or electrical engineering((,)) or data
processing ((machinery)) to assist ((the secretary)) in examining
((the)) a voting ((machines, voting devices, or vote tally
systems)) system or component. The ((experts shall receive
reasonable compensation in an amount to be established by the secretary which
compensation shall be paid)) manufacturer or distributor who has
submitted a voting system for testing under RCW 29.33.051 shall pay the
secretary of state a deposit to reimburse the cost of any contract for
consultation under this section and for any other unrecoverable costs
associated with the examination of a voting system or component by the ((person))
manufacturer or distributor who ((submits)) submitted the
voting ((machine, voting device, or vote tally)) system or component
for examination.
Sec. 31. Section 4, chapter 40, Laws of 1982 and RCW 29.33.081 are each amended to read as follows:
If
voting systems or devices or vote tallying systems are to be used for
conducting a primary or election, only ((voting machines, voting
devices, and vote tally systems which)) those that have the approval
of the secretary of state or had been approved under this chapter or chapter
29.34 RCW before March 22, 1982, may be used ((for conducting any election)).
Any modification, change, or improvement ((of the)) to
any voting ((machines, voting devices, or vote tally systems)) system
or component of a system that does not impair ((their)) its
accuracy, efficiency, or capacity or extend its function, may be made
without ((the necessity of a)) reexamination or reapproval by the
secretary of state under RCW 29.33.041.
Sec. 32. Section 29.33.130, chapter 9, Laws of 1965 and RCW 29.33.130 are each amended to read as follows:
The county
auditor of a county((, the city clerk, or proper officer of a district,))
in which voting ((machines)) systems are ((to be)) used ((shall
cause them to be properly prepared therefor; and for that purpose shall)) is
responsible for the preparation, maintenance, and operation of those systems
and may employ ((for such time as is necessary one or more competent
persons who shall be election officers known as the voting machine custodians.
Voting machine custodians shall be sworn to perform their duties honestly and
faithfully, and shall be paid for the time actually spent in the discharge of
their duties. One custodian shall be employed for each twenty machines; if
more than one is employed they shall be selected from the political parties
entitled to representation on a board of election officers)) and direct
persons to perform some or all of these functions.
NEW SECTION. Sec. 33. A new section is added to chapter 29.33 RCW to read as follows:
An agreement to purchase or lease a voting system or a component of a voting system is subject to that system or component passing an acceptance test prescribed by the secretary of state sufficient to demonstrate that the equipment is identical to that certified by the secretary of state and that the equipment is operating correctly as delivered to the county.
Sec. 34. Section 29.33.230, chapter 9, Laws of 1965 and RCW 29.33.230 are each amended to read as follows:
Except for reopening
to make a recanvass, the registering mechanism of each ((machine)) mechanical
voting device used in any primary or election shall remain ((locked and))
sealed ((against operation for thirty)) until ten days ((following
any state or county)) after the completion of the canvass of that
primary or election ((and for eight days following any primary or election
held by a city or other constituency not greater than a)) in that
county. Except where provided by a rule adopted under section 8 of this
1989 act, 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.
NEW SECTION. Sec. 35. A new section is added to chapter 29.33 RCW 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 section 8 of this act, 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.
Sec. 36. Section 18, chapter 109, Laws of 1967 ex. sess. as last amended by section 6, chapter 40, Laws of 1982 and RCW 29.34.080 are each amended to read as follows:
No voting
device shall be approved by the secretary of state unless it ((is
constructed so that it)):
(1) Secures to the voter secrecy in the act of voting;
(2) ((Provides
facilities for voting for the candidate of as many political parties or
organizations as may make nominations, and for or against as many measures as
may be submitted;
(3))) Permits the voter to vote for any person for any
office and upon any measure that he or she has the right to vote for;
(((4)))
(3) Permits the voter to vote for all the candidates of one party or in
part for the candidates of one or more other parties;
(((5)))
(4) Correctly registers all votes cast for any and all persons and for
or against any and all measures;
(((6)))
(5) Provides that a vote for more than one candidate cannot be cast by
one single operation of the voting device or vote tally system except when
voting for president and vice-president of the United States; and
(((7)
Lists all candidates for any office in every primary and election, special or
general.))
(6) Except for functions or capabilities unique to this state, has been tested, certified, and used in at least one other state or election jurisdiction.
Sec. 37. Section 1, chapter 143, Laws of 1983 as amended by section 8, chapter 295, Laws of 1987 and RCW 29.34.085 are each amended to read as follows:
((No
voting device may)) The ballot on a single voting device shall not
contain the names of candidates for the offices of United States
representative, state senator, state representative, county council, or county
commissioner in more than one district or the names of candidates for the
office of precinct committee officer in more than one precinct. In all
even-year state general elections, voting devices shall be grouped by precinct
and physically separated from the voting devices containing ((ballot pages))
ballots for other precincts. ((For)) In all other
primaries and elections((,)) in each polling place, the voting
devices containing ((ballot pages)) ballots for candidates from
each congressional, legislative, or county council or commissioner district
shall be grouped together and physically separated from those devices
containing ((ballot pages)) ballots for other districts. Each
voter shall be directed by the precinct election officers to the correct group
of voting devices and an explanation to the voters that separate devices are
being used for specific precincts shall be prominently displayed within the
polling place.
Sec. 38. Section 19, chapter 109, Laws of 1967 ex. sess. as amended by section 7, chapter 40, Laws of 1982 and RCW 29.34.090 are each amended to read as follows:
((No))
The secretary of state shall not approve a vote tallying system ((shall
be approved by the secretary of state)) unless it ((is constructed so
that it is)):
(1) ((Capable
of)) Correctly ((counting)) counts votes on ballots ((or
ballot cards)) on which the proper number of votes have been marked for any
office or ((question or)) issue ((that has been voted));
(2) ((Capable
of ignoring the)) Ignores votes marked for any office or ((question
or)) issue where more than the allowable number of votes have been marked,
but ((shall)) correctly counts the properly voted portions of the
ballot ((or ballot card));
(3) ((Capable
of accumulating)) Accumulates a count of the specific number of
ballots ((or ballot cards)) tallied for ((a)) each
precinct, ((accumulating)) total votes by candidate for each office, and
((accumulating)) total votes for and against each ((question and))
issue of the ((ballots or ballot cards tallied for a)) ballot in that
precinct;
(4) ((Capable
of accommodating)) Accommodates rotation of candidates' names on the
ballot ((or ballot card, provided that all ballots or ballot cards from one
precinct shall be of the same rotation sequence)) under RCW 29.30.040;
(5) ((Capable
of automatically producing)) Produces precinct and cumulative
totals in ((either)) printed((, marked, or punched)) form((,
or combinations thereof)); and
(6) Except for functions or capabilities unique to this state, has been tested, certified, and used in at least one other state or election jurisdiction.
Sec. 39. Section 69, chapter 361, Laws of 1977 ex. sess. and RCW 29.34.143 are each amended to read as follows:
(1)
Before each state primary or general election at which voting ((devices))
systems are to be used, ((or more frequently as he deems necessary,))
the county auditor ((or other election official)) shall instruct all ((inspectors
and judges of elections who are to serve at that primary or general election in
the use of the voting devices and)) precinct election officers appointed
under RCW 29.45.010, counting center personnel, and political party observers
designated under RCW 29.34.153 in the proper conduct of their duties ((in
conjunction with the conduct of that primary or election)).
(2)
The county auditor may waive instructional requirements for ((inspectors
and judges of elections)) precinct election officers, counting center
personnel, and political party observers who have previously ((have
been granted a certificate of proficiency)) received instruction and
who have served ((as precinct officers)) for a sufficient length of time
to be fully qualified to perform their duties ((in connection with the
voting device: PROVIDED, That any inspectors and judges of elections for whom
the instructional requirements are waived may at their discretion take
advantage of the instructional program outlined herein. He shall give to each
inspector or judge who has received instruction and is qualified to conduct the
primary or election with the voting devices, a certificate to that effect. For
the purpose of instruction, the county auditor or other election officials
shall call such meetings of the inspectors or judges as may be necessary)).
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 ((inspector
or judge)) precinct election officer who qualifies and serves at the
subsequent primary or election shall receive an additional two hours
compensation, to be paid ((to him)) at the same time and in the same
manner as compensation is paid ((him)) for ((his)) services on
the day of the primary or election.
(4)
Except for the appointment of a precinct election officer to fill a vacancy
under RCW 29.45.040, no inspector or judge ((of election shall)) may
serve at any primary or ((general)) election at which voting ((devices))
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 ((and has received a certificate to that
effect from the county auditor or other election official: PROVIDED, That this
shall not prevent the appointment of an inspector or judge of election to fill
a vacancy in an emergency)). No person may work in a counting center at
a primary or election at which a vote tallying system is used unless that
person has received the required instruction and is qualified to perform his or
her duties in connection with the handling and tallying of ballots for that
primary or election. No person may serve as a political party observer unless
that person has received the required instruction and is familiar with the
operation of the counting center and the vote tallying system and the
procedures to be employed to verify the accuracy of the programming for that
vote tallying system.
Sec. 40. Section 71, chapter 361, Laws of 1977 ex. sess. and RCW 29.34.153 are each amended to read as follows:
((The
county auditor shall determine the location of the counting center for each
vote tallying system under his jurisdiction and the number of ballot card
precincts assigned to each. Such facility may be located wherever in the
judgment of the county auditor best serves the voters.
All
proceedings at)) (1) The
counting center in a county using voting systems shall be under the
direction of the county auditor and ((under the observation of at least two
observers, who shall not be from the same)) shall be observed by one
representative from each major political party, if representatives have
been appointed by the ((county chairman of the)) respective major
political ((party. Such)) parties and these representatives are
present while the counting center is operating. The proceedings shall be
open to the public, but no persons except those employed and authorized ((for
the purpose shall)) by the county auditor may touch any ballot ((card))
or ballot container or operate a vote tallying system.
((Technical
assistance from private vendors to the county auditor shall be limited to
advice and assistance in the training of precinct election officers and counting
center personnel and the development of instructional materials for use in such
training, routine maintenance and repair service on the voting devices and vote
tallying systems, and any emergency assistance required due to the mechanical
failure of any voting device or vote tallying system. Private vendors may
provide the compilation of computer programs and preparation of office and
report files according to the specifications established by the county auditor
for a specific primary or election. All precinct program cards shall be
prepared by the county auditor or the staff of his office. Ballot layout
functions are to be performed by the secretary of state for federal offices and
state-wide measures and offices, and by the county auditor for all other
measures and offices.)) (2) The 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 shall then be counted by the vote tallying system, and this result
shall 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.
Sec. 41. Section 72, chapter 361, Laws of 1977 ex. sess. and RCW 29.34.157 are each amended to read as follows:
(1)
At the direction of the county auditor, a team or teams composed of a
representative of each major political party shall ((together)) stop at
((each)) designated polling places and pick up the sealed
containers ((containing the)) of voted ballots ((cards))
for delivery to the counting center. There may be ((as many as two such
stops at)) more than one delivery from each polling place((, but
the first stop may not be made prior to 2:00 p.m. and the second stop may not
be made until after the polls have been closed to voting.
The
procedure for transporting voted ballot cards from the respective polling
places to the counting center or to predesignated collection stations shall
include, but not be limited to, the following measures:
(1) On the
day of the primary or election in precincts where ballots are cast on voting
devices,)). Two
precinct election officials, one representing each major political party, shall
((place all)) seal the voted ballots in ((noncombustible,
water resistant ballot)) containers((,)) furnished by the county
auditor and properly identified with his ((mailing)) or her
address((, and seal the containers)) with uniquely prenumbered
seals. ((The precinct election officials of each major political party or
representative of each major political party designated by the county auditor
to deliver such ballots shall transport the sealed ballot containers to the
counting center or to a predesignated collection station in an enclosed
vehicle, making certain that all doors and windows thereof other than those
windows necessary for adequate ventilation are closed and locked.))
(2) At the
counting center or the collection stations where the sealed ballot containers
are delivered by the designated representatives of the major political parties,
the county auditor or ((his)) a designated representative of
the county auditor shall receive the sealed ballot containers ((with the
voted ballot cards enclosed)), record the time ((and)), date
((together with each)), precinct name or number, and seal
number((, and complete signed receipts indicating the time, date, and
precinct and seal number)) of each ballot container ((received, and give
a copy of such receipt to the representatives delivering the ballot containers
as such containers are received.
(3) If the
ballot containers are delivered to the collection station instead of being
delivered directly to the counting center, the county auditor or his designated
representative shall transfer such election containers to the counting center
in an enclosed vehicle, making certain that all doors and windows thereof other
than those windows necessary for adequate ventilation are closed and locked.
All ballots being so transferred shall be accompanied by two appointed
officials, who shall not be of the same political party, and a representative
of the county auditor, who may be one of the appointed officials)).
Sec. 42. Section 73, chapter 361, Laws of 1977 ex. sess. and RCW 29.34.163 are each amended to read as follows:
At least
three days ((prior to the day of the)) before each state primary
or general election, ((all)) the programming for ((the)) each
vote tallying system to be used at that primary or general election shall be
tested by the office of the secretary of state ((or his designee to
ascertain)) to verify that the ((equipment)) system
will correctly count the vote cast for all candidates and on all measures
appearing on the ballot at that primary or general election. The tests shall
be conducted by processing a preaudited group of ballots ((prepared by the
office of secretary of state, so punched or)) marked ((as to record))
with a predetermined number of ballot votes for each candidate and for
and against each measure. For each office for which there are two or more
candidates and for each issue, the group of test ballots shall include one or
more ballots which have votes in excess of the number allowed by law, in order
to verify the ability of the vote tallying system to reject such votes. The
test shall ((be designed to)) verify the capability of the vote tallying
system to perform all of the functions that can reasonably be expected to occur
during conduct of that particular primary or election((, including but not
limited to verification of the content of the ballot format for each precinct
or polling place, verification of rotation in the program, and verification of
major error identification routines in the program of the vote tallying system)).
If any error is detected, the cause ((thereof)) shall be ((ascertained))
determined and corrected, and an errorless ((count)) total
shall be ((made before the programming is approved and certified)) produced
before the primary or election.
Such tests
shall be observed by at least ((two observers, who shall not be of the same))
one representative from each major political party, ((designated))
if representatives have been appointed by the ((county chairmen of
the)) respective ((county central committees)) major political
parties and are present at the test, and shall be open to candidates, the
press, and the public. The secretary of state, the county auditor, and ((the))
any political party observers shall certify that the test has been ((properly))
conducted in accordance with this section. Copies of ((such)) this
certification shall be retained by the secretary of state and the county
auditor. All programming materials, test results, and test ballots
shall be securely ((locked in a noncombustible, water resistant container,
and)) sealed until the day of the primary or general election. ((This
test shall be repeated immediately before the start of the official count of
ballots in the same manner as set forth above.
The
political party observers, upon mutual agreement, may request a precinct, to be
selected at random, at the point of check-in, and manually take a total count
of ballots and/or a total count for any one office, return that precinct to the
counting center, and request a detailed printout. This may be done as many as
three times during the official count so that the accuracy of the proceedings
can be again verified by the count of the preaudited group of ballots.))
Sec. 43. Section 74, chapter 361, Laws of 1977 ex. sess. and RCW 29.34.167 are each amended to read as follows:
(1)
The ballots ((cards)) picked up from the precincts during
the polling hours may ((subsequently)) be counted before the polls have
closed((: PROVIDED, That all such)). Election returns from
the count of these ballots must be held in secrecy ((in the same manner
as the count of paper ballots during polling hours)) until the polls
have been closed as provided by RCW 29.54.030. ((Any person revealing
any election returns to unauthorized persons prior to the close of the polls
shall be subject to the same penalties as provided by RCW 29.54.035.))
(2)
Upon breaking the seals and opening the ballot containers from the
precincts, all voted ballots ((cards)) shall be ((checked
for partially removed chads, whereupon any such partially removed chads shall
be entirely removed from the ballot cards)) manually inspected for
damage, write-in votes, and incorrect or incomplete marks. If it is found
that any ballot is damaged ((or defective)) so that it cannot properly
be counted by the vote tallying system, a true duplicate copy shall be made of
the damaged ballot in the presence of witnesses and substituted for the damaged
ballot. All ((such)) damaged ballots shall be kept by the county
auditor until sixty days after the primary or election ((concerned)).
(3)
The returns ((printed)) produced by the vote tallying system, to
which ((has)) have been added the counts of questioned
ballots, ((challenged ballots,)) write-in votes, and absentee votes, ((shall))
constitute the official returns of the primary or election in that county.
Sec. 44. Section 32, chapter 109, Laws of 1967 ex. sess. as amended by section 75, chapter 361, Laws of 1977 ex. sess. and RCW 29.34.170 are each amended to read as follows:
The
secretary of state((, upon promulgating the rules and regulations necessary
for carrying out the purpose of this chapter,)) shall publish manuals ((containing
the)) of recommended procedures for the operation of the various vote
tallying systems that have been approved. These manuals shall contain any
applicable rules and ((regulations and)) statutes ((for the guidance
of the county auditor)) relating to the printing of ballots ((cards))
and preparation and testing of the various vote tallying systems,
((for)) the ((guidance)) duties and functions of the
precinct election officers ((serving ballot card precincts)), and ((for))
the ((guidance of election officers)) duties and functions of the
counting center personnel and operators of ((tabulating equipment)) vote
tallying systems at counting centers.
((There
shall be no charge for such manuals, and the number to be printed and the
distribution thereof shall be determined by the secretary of state.))
Sec. 45. Section 29.48.010, chapter 9, Laws of 1965 and RCW 29.48.010 are each amended to read as follows:
The ((inspectors
of election at the expense of the county or other constituency)) county
auditor shall provide in ((their respective)) each polling
place((s)) a sufficient number of voting booths or ((compartments,
which shall be furnished with the)) voting devices along with any
supplies ((and conveniences)) necessary to enable the voter ((conveniently
to prepare)) to mark or register his or her choices on the
ballot ((for voting, and in which electors may mark their ballots, screened
from observation, and a guardrail so constructed that only persons within the
rail can approach within fifty feet of the ballot boxes, or compartments.))
and within which the voters may cast their votes in secrecy. Where paper
ballots are used for voting, the number of ((compartments)) voting
booths shall ((not)) be ((less than)) at least one for
every fifty ((electors or fraction thereof)) registered voters in
the precinct ((or voting at the last preceding election where there is no
registration. In precincts containing less than twenty-five voters, the
election may be conducted without the preparation of compartments)).
Sec. 46. Section 29.48.020, chapter 9, Laws of 1965 as last amended by section 81, chapter 361, Laws of 1977 ex. sess. and RCW 29.48.030 are each amended to read as follows:
No later
than the day before ((the hour for opening the polls at any)) a
primary or election ((and allowing a reasonable time for preparation thereof)),
the county auditor ((or other officer in charge of such primary or election))
shall ((deliver)) provide to the inspector or one of the judges
of each precinct((:
(1) The
precinct list of registered voters for that precinct and a suitable means to
record the signature, name, and address of the voter;
(2) Ballots
equal to the number of voters registered therein or such number as the county
auditor or other officer in charge of such primary or election may certify to
be necessary;
(3) A
suitable ballot container (except when voting machines are in use), with lock
and key, having an opening through the lid thereof of no larger size than
sufficient to admit a single folded ballot or ballot card;
(4) Two
cards of instructions to voters printed in English in large clear type
containing full instruction to voters as to how:
(a) To
obtain ballots for voting;
(b) To
prepare the ballots for deposit in the ballot boxes;
(c) To
obtain a new ballot in the place of one spoiled by accident or mistake;
(5) Sample
ballots;
(6) Two
oaths for each inspector and each judge;
(7) One
United States flag;
(8) All)) or to one of the inspectors of a polling place
where more than one precinct will be voting, all of the ballots, precinct lists
of registered voters, and other supplies necessary for conducting the
election or
Sec. 47. Section 29.48.070, chapter 9, Laws of 1965 and RCW 29.48.070 are each amended to read as follows:
Before
opening the polls for a precinct, the voting equipment shall be
inspected to determine if it has been properly prepared for voting. If the
voting equipment is capable of direct tabulation of each voter's choices, the
precinct election officers shall verify that no votes have been registered for
any issue or office to be voted on at that primary or election. Any ballot
box shall be carefully examined by the judges of election to determine
that ((nothing may remain therein;)) it is empty. The ballot box
shall then be ((locked and the key thereof delivered to one of the judges,
to be designated by the auditor or other officer and)) sealed or
locked. The ballot box shall not be opened ((during)) before the
certification of the primary or election except in the manner and
for the purposes ((otherwise)) provided ((by law)) under this
title.
Sec. 48. Section 29.48.100, chapter 9, Laws of 1965 and RCW 29.48.100 are each amended to read as follows:
The
precinct election ((board)) officers, immediately before
they ((commence receiving)) start to issue ballots or permit a
voter to vote, shall ((cause it to be proclaimed aloud)) announce
at the place of voting that the polls for that precinct are ((now))
open.
Sec. 49. Section 29.51.010, chapter 9, Laws of 1965 and RCW 29.51.010 are each amended to read as follows:
No person
((other than voters engaged in receiving, preparing, or depositing their
ballots or a person present for the purpose of challenging a voter about to
receive his ballot shall be permitted within the rail.
In the case
of small precincts where compartments are not required, no person engaged in
preparing his ballot shall be interfered)) may interfere with a voter in any way ((except
by some person authorized to assist him)) within the polling place.
This does not prevent the voter from receiving assistance in preparing his or
her ballot as provided in RCW 29.51.200.
Sec. 50. Section 29.51.050, chapter 9, Laws of 1965 and RCW 29.51.050 are each amended to read as follows:
A voter
desiring to vote shall give his or her name to ((one of)) the precinct
election officer((s,)) who has the precinct list of registered
voters. This officer shall ((then in an audible tone announce it. A
challenge may then be interposed. If no challenge is interposed or if it is
overruled)) announce the name to the precinct election officer who has
the copy of the poll book for that precinct. If the right of this voter to
participate in the primary or election is not challenged, the voter shall
be ((given)) issued a ballot or permitted to enter a voting ((machine))
booth ((as the case may be. If a ballot is given)) or to operate a
voting device. The number ((thereof must)) of the ballot or the
voter shall be ((called to the clerks of)) recorded by the
precinct election officers. If the right of the voter to participate is
challenged, RCW 29.10.125 and 29.10.127 apply to that voter.
Sec. 51. Section 29.51.060, chapter 9, Laws of 1965 as last amended by section 41, chapter 202, Laws of 1971 ex. sess. and RCW 29.51.060 are each amended to read as follows:
If any
person appears ((and offers or demands the right)) to vote at any
primary or election((,)) as a registered voter in the ((precinct))
jurisdiction where the primary or election is being held, the precinct
election officers shall require ((him)) the voter to sign his or
her name and current address subject to penalties of perjury in ((one of
the official poll books or in a space provided on)) one of the precinct
lists of registered voters((, which shall be designated the county auditor's
copy: PROVIDED, That)). If the person registered using a ((cross
or)) mark((, and being identified by the signature of some other person))
or can no longer sign his or her name, the election officers ((must))
shall require the person offering to vote to be identified by ((the
person who so signed, or by a)) another registered voter ((of the
precinct. Unless the identifying witness is personally known to the election
officers, or to some of them, they may require the identifying witness to sign
his name in the presence of the election officers for the purpose of
identification)).
As soon as
it is determined that the person is qualified to vote, one of the precinct
election officers shall ((copy)) enter the voter's name ((and
address on the corresponding line)) in a second poll book ((or precinct
list of registered voters which shall be identified as the inspector's copy)).
Sec. 52. Section 29.51.070, chapter 9, Laws of 1965 as amended by section 42, chapter 202, Laws of 1971 ex. sess. and RCW 29.51.070 are each amended to read as follows:
((At
every primary and election whereat only registered voters may vote,)) As
each voter casts his or her vote, ((and, where voting machines are
used, before each voter enters the voting machine booth, each clerk)) the
precinct election officers shall insert in ((his list of voters,)) the
poll books or precinct list of registered voters opposite ((the)) that
voter's name, ((the letter "V" and the number of his vote or
ballot and the inspector or one of the judges shall enter on the voter's
registration card or beside his name on the precinct list of registered voters,
in the space provided for that purpose, the month, day and year of the primary
or election (for example 11/4/30) or such other)) a notation ((as
may be prescribed)) to credit the voter with having participated in ((the))
that primary or election.
Sec. 53. Section 29.51.100, chapter 9, Laws of 1965 as last amended by section 4, chapter 181, Laws of 1988 and RCW 29.51.100 are each amended to read as follows:
On ((receipt
of his or her)) signing the precinct list of registered voters or being
issued a ballot ((in an election the elector)), the voter
shall ((forthwith and)), without leaving the polling place ((retire
alone)), proceed to one of the ((places,)) voting
booths((, or apartments provided to prepare)) or voting devices to
cast his or her ((ballot. Each elector shall prepare his or her ballot
by marking a cross "X" after the name of every person or candidate
for whom he or she wishes to vote.
In case of
a ballot containing a constitutional amendment or other question to be
submitted to the vote of the people the voter shall mark a cross "X"
after the question, for or against the amendment or proposition, as the case
may be. Any elector may write in the blank spaces the name of any person for
an office who has filed as a write-in candidate for the office in the manner
provided by RCW 29.04.180 for whom he or she may wish to vote. Write-in votes
cast for any other candidate must designate the office sought and the position
number or political party, if applicable.
Before
leaving the booth or compartment the elector shall fold the ballot in such a
manner that the number of the ballot shall appear on the outside thereof,
without displaying the marks on the face thereof, and)) vote. If the voter was issued a ballot, he or she
shall remove the number from the ballot, place the ballot in the ballot box,
and return the number to the precinct election officers or shall deliver it
to the ((inspector of)) precinct election officers who shall
remove the number from the ballot and place the ballot in the ballot box.
Sec. 54. Section 29.51.140, chapter 9, Laws of 1965 and RCW 29.51.140 are each amended to read as follows:
((Whenever))
In primaries or elections where a voter ((enters the booth who))
has the right to vote only on certain offices and measures, ((an)) a
precinct election officer shall ((adjust)) set the ((machine))
mechanical voting device so that ((he)) the voter can only
vote on ((such)) those offices and measures ((and no others))
or direct the voter to a voting device where the ballot contains the
appropriate offices and measures.
Sec. 55. Section 29.51.150, chapter 9, Laws of 1965 and RCW 29.51.150 are each amended to read as follows:
The precinct
election officers shall ((occasionally)) periodically examine the
((face of the machine and the ballot labels)) voting devices to
determine ((whether)) if they have been ((injured or))
tampered with.
Sec. 56. Section 16, chapter 101, Laws of 1965 ex. sess. and RCW 29.51.175 are each amended to read as follows:
Votes cast
by stickers or printed ((label shall not be)) labels are not
valid for any purpose and shall be rejected((: PROVIDED, That such action)).
Votes cast by sticker or label shall not ((jeopardize the remaining
portion of)) affect the validity of other offices or issues on the
voter's ballot.
Sec. 57. Section 29.51.180, chapter 9, Laws of 1965 and RCW 29.51.180 are each amended to read as follows:
Any voter may
take ((with him)) into the ((polling place)) voting booth or
voting device any printed or written ((memorandum or paper)) material
to assist ((him in marking or preparing his ballot)) in casting his
or her vote. The voter shall not use this material to electioneer and shall
remove the material when he or she leaves the polls.
Sec. 58. Section 29.51.190, chapter 9, Laws of 1965 and RCW 29.51.190 are each amended to read as follows:
No ((voter
shall be permitted to enter a voting machine booth or move the operating lever
more than once; or, if ballots are used, no)) ballots ((shall)) may
be ((cast)) used in any polling place other than those ((printed))
prepared by the ((respective)) county auditor((s or other
authorized election officials as provided by law, and)). No voter
((shall be)) is entitled to vote more than ((one ballot:
PROVIDED)) once at a primary or a general or special election, except
that if a voter ((spoils)) incorrectly marks a ballot, he ((shall))
or she may return it and ((get)) be issued a new ballot((;)).
The precinct election officers shall ((immediately destroy the
spoiled ballots returned)) void the incorrectly marked ballot and return
it to the county auditor.
NEW SECTION. Sec. 59. A new section is added to chapter 29.51 RCW 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 29.51.200 to any voter who requests it.
Sec. 60. Section 29.51.240, chapter 9, Laws of 1965 and RCW 29.51.240 are each amended to read as follows:
((No
adjournment or intermission whatever shall take place until)) The
polls ((are closed and)) for a precinct shall remain open
continuously until ((all the votes cast at the polls have been counted
and the result publicly announced)) the time specified under RCW
29.13.080. At that time, the precinct election officers shall announce that
the polls for that precinct are closed.
Sec. 61. Section 29.51.250, chapter 9, Laws of 1965 and RCW 29.51.250 are each amended to read as follows:
If at the
((hour)) time of closing the polls, there are any voters
in the polling place who have not voted, ((the polls must be kept open after
the hour for closing to enable them to do so, but this shall not include any
voter who was not present at the exact time of closing)) they shall be
allowed to vote after the polls have been closed.
Sec. 62. Section 29.54.010, chapter 9, Laws of 1965 as last amended by section 84, chapter 361, Laws of 1977 ex. sess. and RCW 29.54.010 are each amended to read as follows:
At ((paper
ballot precincts and at ballot card precincts served by a single set of
precinct election officers, the inspector and judges of election for)) each
((election)) precinct immediately ((upon the closing of the polls,
and before the ballots are counted)) after the last qualified voter has
cast his or her vote, the precinct election officers shall ((destroy))
identify and seal all unused ballots ((or ballot cards furnished))
for ((use at such)) that precinct and seal them in a container
to be returned to the county auditor.
((At
paper ballot precincts and at ballot card precincts served by two sets of
precinct election officers, the members of the receiving board shall destroy
all unused ballots or ballot cards upon the closing of the polls.))
NEW SECTION. Sec. 63. A new section is added to chapter 29.54 RCW to read as follows:
Immediately after the close of the polls and the completion of voting, the precinct election officers shall count the number of voted ballots and make a record of any discrepancy between this number and the number of voters who signed the poll book for that precinct or polling place, complete the certifications in the poll book, prepare the ballots for transfer to the counting center if necessary, and seal the voting devices.
NEW SECTION. Sec. 64. A new section is added to chapter 29.54 RCW to read as follows:
(1) Paper ballots may be tabulated at the precinct polling place before the closing of the polls under rules adopted by the secretary of state. The tabulation of ballots, paper or otherwise, shall be open to the public, but no persons except those employed and authorized by the county auditor may touch a ballot card or ballot container or operate vote tallying equipment.
(2) The results of the tabulation of paper ballots at the polls shall be delivered to the county auditor as soon as the tabulation is complete.
Sec. 65. Section 29.54.035, chapter 9, Laws of 1965 as amended by section 85, chapter 361, Laws of 1977 ex. sess. and RCW 29.54.035 are each amended to read as follows:
(1)
In precincts using paper ballots ((precincts, no election
officer or any other)) and in counting centers, no person authorized
by law to be present while votes are being counted((, shall)) may
divulge ((the)) any results of the count of the ballots at
any time prior to the closing of the polls for that primary or election.
(2) A violation
of this section is a misdemeanor punishable((, upon conviction, by a
fine of not less than one hundred dollars nor more than five hundred dollars or
imprisonment in the county jail not less than three nor more than six months,
or by both such fine and imprisonment)) under chapter 9A.20 RCW.
Sec. 66. Section 29.54.050, chapter 9, Laws of 1965 as last amended by section 88, chapter 361, Laws of 1977 ex. sess. and RCW 29.54.050 are each amended to read as follows:
((Ballots
and)) A ballot ((cards must be rejected)) is invalid and
no votes on that ballot may be counted if((: (1) Two are)) it is
found folded together with another ballot; (((2))) or, except
for an absentee ballot, it is marked so as to identify ((who)) the
voter ((is: PROVIDED, That this subsection (2) shall not apply to absentee
ballots; (3) Printed other than by the respective county auditors or other
authorized election officials as provided by law)).
Those parts
of a ballot((s and ballot cards must not)) are invalid and no
votes may be counted ((which: (1) Designate more persons for an office
than are to be elected to that office; (2) Are not in compliance with)) 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 29.51.170; (((3) Are)) or that issue or office
is not marked with sufficient definiteness to determine the voter's choice
or intention((: PROVIDED, That no ballot or ballot card or part thereof
shall)). No write-in vote may be rejected ((for want of)) due
to a variation in the form ((or mistake in initials)) of the
name((s)) if the election board or the canvassing board can
determine ((to their satisfaction)) the issue for or against which or
the person ((voted)) and the office for ((and)) which
the ((office)) voter intended to vote.
Sec. 67. Section 29.54.060, chapter 9, Laws of 1965 as amended by section 89, chapter 361, Laws of 1977 ex. sess. and RCW 29.54.060 are each amended to read as follows:
Whenever the
precinct election officers or the counting center personnel have a question
((arises in the precinct election board or the counting center as to)) about
the ((legality)) validity of a ballot or ((ballot card or any
part thereof, the action thereon together with)) the votes for an office
or issue that they are unable to resolve, they shall prepare and sign a
concise ((statement)) record of the facts ((that gave rise to
the objection must be indorsed upon the ballot or attached to the ballot card
and signed by a majority of the board or the counting center personnel
processing the ballot. All such)) in question or dispute. These
ballots ((and statements)) shall be ((forwarded)) delivered
to the canvassing board for processing. All ballots ((and ballot
cards must)) shall be preserved ((whether rejected or counted in
whole or in part and returned)) in the same manner as ((other)) valid
ballots ((and ballot cards)) for that primary or election.
NEW SECTION. Sec. 68. A new section is added to chapter 29.54 RCW to read as follows:
Except as provided by rule under section 8 of this act, on the day of the primary or election, the tabulation of ballots at the polling place or at the counting center shall proceed without interruption or adjournment until all of the ballots cast at the polls at that primary or election have been tabulated.
NEW SECTION. Sec. 69. A new section is added to chapter 29.54 RCW to read as follows:
Immediately after their tabulation, all ballots shall be sealed in containers that identify the primary or election and be retained for at least sixty days. The containers may only be opened by the canvassing board as part of the canvass or to conduct recounts 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 shall be added to any other record of the canvassing process in that county.
NEW SECTION. Sec. 70. A new section is added to chapter 29.54 RCW to read as follows:
The county auditor shall produce cumulative and precinct returns for each primary and election and deliver them to the canvassing board for verification and certification. The precinct and cumulative returns of any primary or election are public records under chapter 42.17 RCW.
Sec. 71. Section 94, chapter 361, Laws of 1977 ex. sess. and RCW 29.54.170 are each amended to read as follows:
In counties
using voting ((devices)) systems, the county auditor ((or
other election officer)) shall maintain((, for at least sixty days
following each primary or election,)) the following ((descriptive))
documents ((relating to the conduct of that)) for at least sixty days
after the primary or election:
(1) Sample
ballot ((page)) formats together with a record of the format or
formats assigned to each precinct;
(2) ((Program
cards, precinct header cards, office and report files, program listings, and
any similar)) All programming material related to the control of the
vote tallying system for that primary or election; and
(3) All test materials used to verify the accuracy of the tabulating equipment as required by RCW 29.34.163.
Sec. 72. Section 29.62.010, chapter 9, Laws of 1965 and RCW 29.62.010 are each amended to read as follows:
Every ((official
body)) canvassing board or officer ((upon whom is imposed the
duty of)) responsible for canvassing and certifying the
returns of any primary or election shall:
(1) Adopt administrative rules to facilitate and govern the canvassing process in that jurisdiction;
(2) For
each primary and election, prepare and ((certify)) sign a
statement ((separately setting forth)) of the returns for each
office ((the returns as to which it or he is required by law to canvass, and
the vote each)), candidate ((received therefor;
(2) If
required to canvass returns from a primary, prepare and certify a statement
separately setting forth each office the returns as to which it or he is
required by law to canvass, and the member of each political party
participating therein who received the highest number of votes for each
office: PROVIDED, That if there is more than one position to be filled for the
same office the number of candidates of each political party participating
therein equaling the number of positions to be filled who received the highest
number of votes shall be listed as the nominees)), and issue voted on in that jurisdiction;
(3) If, at
a partisan primary, two or more candidates of the same party ((are tied))
receive the greatest, and identical, number of votes for ((the same))
an office, ((determine)) resolve the tie ((then and
there)) vote by lot;
(4) If, at
a nonpartisan or judicial primary, two or more candidates ((have received an
equal)) receive the second greatest, and identical, number of votes
((and such number is barely sufficient for nomination, but as a consequence,
the number of persons so nominated exceeds twice the number of positions to be
filled, determine)) for that office or position, resolve the tie ((then
and there)) vote by lot ((so as to reduce the field of candidates
to the proper number.
(5) After
each election, prepare and certify a statement separately setting forth each
office the returns as to which it or he is required by law to canvass, and the
person who received the highest number of votes for each office: PROVIDED,
That if there is more than one position to be filled for the same office, the number
of persons equaling the number of positions to be filled who receive the
highest number of votes shall be listed as having been elected)).
Sec. 73. Section 29.62.040, chapter 9, Laws of 1965 and RCW 29.62.040 are each amended to read as follows:
((The
county canvassing board at any meeting for)) Before canvassing the
returns of a primary or election ((shall proceed as follows:
(1))), the chairman of the ((board of)) county
((commissioners)) legislative authority shall administer ((the
following)) an oath to the county auditor((:
"I do
solemnly swear that the primary (or election) returns of the several precincts
included in the primary (or election) last held in .......... (here name the
county or any other governmental unit not larger than a county if the election
was held for it) have been in no wise altered by additions or erasures and that
they are the same as when they were deposited in my office, so help me
God.")) attesting to
the authenticity of the information presented to the canvassing board. This
oath((, the signature and certificate)) must be ((in writing)) signed
by the county auditor and filed with the ((papers pertaining to)) returns
of the primary or election((;)).
(((2)))
The county ((auditor with the assistance of the other members of the))
canvassing board shall proceed to ((count the vote of)) verify the
results from the precincts((, precinct by precinct;
(3) Neither
the tally books and sheets, the poll lists nor the certificate returned for any
primary or election from any precinct shall be rejected for want of form or
substance if it can be satisfactorily understood;
(4) File)) and the absentee ballots. The board shall execute
a certificate of ((their canvass)) the results of the primary or
election signed by all ((the)) members ((with the county auditor;
(5) If
there is a vacancy in the county canvassing board, the remaining members of the
board shall choose one of the other county officers to act during the canvass;
(6))) of the board. Failure to ((return the total
votes counted)) certify the returns, if they can be ascertained with
reasonable certainty ((shall be)), is a misdemeanor.
Sec. 74. Section 29.62.050, chapter 9, Laws of 1965 and RCW 29.62.050 are each amended to read as follows:
Whenever
the canvassing board ((authorized to canvass the returns))
finds((, in its discretion,)) that there is an apparent discrepancy or
an inconsistency in the ((primary or election)) returns ((such)) of
a primary or election, the board may ((order that)) recanvass ((of))
the ballots or voting ((machines be made of all, or of)) devices
in any ((number less than all, of the)) precincts of the county((,
and said recanvass may, in the discretion of said board, be made as to all, or
as to any number less than all, of the candidates or measures voted upon. In
conducting such recanvass said board, or any duly authorized representative or
employee of the board, may open the counter compartment of any voting machine
without unlocking the machine against voting and recheck the vote cast thereon.
If in the course of such recanvass the board determines that there is an error
in the return of any precinct said board shall summon the inspector and judges
of the precinct and the inspector and judges shall correct such error by making
notation thereof in the poll book and shall initial such notation: PROVIDED,
That in the event that the election officials do not appear, or fail or refuse
to make the correction as indicated,)). The canvassing board shall
correct ((such)) any error ((in the poll book and initial such
correction)) and document the correction of any error that it finds.
Sec. 75. Section 29.64.030, chapter 9, Laws of 1965 and RCW 29.64.030 are each amended to read as follows:
At the time
and place ((fixed)) established for ((making)) a recount
((of paper ballots)), the canvassing board or ((their)) its
duly authorized representatives, in the presence of all witnesses who may be in
attendance, shall open the sealed containers containing the ballots to be
recounted, and shall recount ((them)) the votes for the offices or
issues for which the recount has been ordered. Ballots shall be handled
only by the members of the canvassing board((,)) or their duly
authorized representatives ((or by the clerk or other employees of the board)).
Witnesses shall be permitted to ((see)) observe the ballots and
the process of tabulating the votes, but they shall not be permitted to ((touch
them, and)) handle the ballots. The canvassing board shall not
permit the ((counting or)) tabulation of votes ((shown on the ballots))
for any nomination, ((or for)) election ((to any office or position)),
or ((upon any question or proposition,)) issue other than the ((votes
shown on such ballots)) ones for ((the nomination, election, or
question or proposition concerning)) which a recount ((of ballots))
was ((applied for)) ordered.
At the time
and place ((fixed)) established for ((making a recheck)) a
recanvass of the votes cast on voting ((machines)) devices that
do not provide an individual record of the choices of each voter, the
canvassing board or ((their)) its duly authorized representatives,
in the presence of all witnesses who may be in attendance, shall open the
voting ((machines)) devices to be rechecked, and shall ((recheck
them)) verify the votes cast for the offices and issues for which the
recount was ordered. Witnesses shall be permitted to watch the recheck of
the voting ((machines, and)) devices. The canvassing board shall
not permit the rechecking of votes for any nomination, ((or for))
election ((to any office or position)), or ((upon any question or
proposition,)) issue other than the ((votes shown on such voting
machines for the nomination, election, or question or proposition concerning))
ones for which a recount ((of voting machines)) was ((applied
for)) ordered.
At any time
before the ballots from all of the precincts listed in the application for the
recount have been recounted, the applicant may file with the board a written
request to stop the recount ((and not recount the ballots from the precincts
so listed and which have not been recounted prior to the time of such request:
PROVIDED, That this provision shall not apply to a recount when a recount is
being made of any regular or special district election whereat the precincts
were consolidated and as a result thereof the application for a recount
embraced all ballots cast at such election)).
If((,
upon such request,)) the canvassing board finds that the results of
the votes in the precincts recounted, if substituted for the results of the
votes in ((such)) those precincts as shown in the certified
abstract of the votes ((in such precincts,)) would not ((cause the
applicant, if a person for whom votes were cast for nomination or election, to
be declared nominated or elected or if an election upon a question or
proposition would not cause a result contrary to)) change the result
((thereof as declared prior to such recount)) for that office or
issue, it shall ((grant such request and shall)) not recount the
ballots of the precincts listed in the application for recount which have not
been recounted ((prior to such time. If the board finds otherwise, it may
deny such request and shall continue to recount ballots until the ballots from
all of the precincts listed in the application for recount have been
recounted: PROVIDED, That if such request is denied it may be renewed from
time to time. Upon any such renewal the board shall consider and act upon the
request in the same manner as provided in this section in connection with an
original request.)) before the request to stop the recount. The
canvassing board shall attach a copy of the request to stop the recount to the
partial returns of the recount.
The recount may be observed by persons representing the candidates affected by the recount or the persons representing both sides of an issue that is being recounted. The observers may not make a record of the names, addresses, or other information on the ballots, poll books, or applications for absentee ballots unless authorized by the superior court. The secretary of state or county auditor may limit the number of observers to not less than two on each side if, in his or her opinion, a greater number would cause undue delay or disruption of the recount process.
Sec. 76. Section 29.64.040, chapter 9, Laws of 1965 and RCW 29.64.040 are each amended to read as follows:
Upon
completion of ((the)) a recount ((of the ballots, or upon
stopping the recount prior to such time)), the canvassing board shall ((promptly))
prepare and certify an amended abstract showing the votes cast in each precinct
((in)) for which the ((nomination, election, or question or
proposition was submitted to the electors, which amended abstract shall embody
the votes of the precincts, the ballots of which were recounted, as shown by
such)) recount was conducted. Copies of ((such certified)) the
amended abstracts shall be ((mailed to such other boards or election
officials as required in the case of the original abstract which such amended))
transmitted to the same officers who received the abstract ((amends))
on which the recount was based.
If the
nomination, election, or ((question or proposition concerning)) issue
for which ((such)) the recount was ((made)) conducted
was submitted only to the ((electors within)) voters of a county,
the canvassing board shall ((make an)) file the amended ((declaration
of the result of such election in the same manner required in the making of its))
abstract with the original ((declaration of the)) results
of ((such)) that election or primary.
If the
nomination, election, or ((question or proposition concerning)) issue
for which a recount was ((made)) conducted was submitted to
the ((electors)) voters of more than one county, the secretary of
state shall canvass ((all)) the amended abstracts ((received
from the canvassing board of each county in which a recount was made,)) and
shall ((make)) file an amended ((declaration of the results of
such election in the same manner required in the making of his)) abstract
with the original ((declaration of the)) results of ((such)) that
election. An amended abstract certified under this section supersedes any
prior abstract of the results for the same offices or issues at the same
primary or election.
Sec. 77. Section 29.64.050, chapter 9, Laws of 1965 and RCW 29.64.050 are each amended to read as follows:
((If))
When a person was declared nominated ((as a candidate)) for ((election
to an office)) or elected to an office or position and ((if)) it
subsequently appears ((by the amended declaration of the results of such
election made)) following a recount of votes ((cast in such election))
that ((such)) this person was not ((so)) nominated or
elected, ((such person)) he or she may, within three days after
the ((date of such amended declaration)) certification of the
results of ((such election)) the recount, file ((an
application)) a request with the appropriate canvassing board or
official for a recount of the votes cast ((at such primary or election
for such)) for that nomination or election in any precinct((,))
for which the ballots ((of which)) have not been recounted.
If,
following a recount of votes cast at an election((, regular or special, upon
any question or proposition, the amended declaration of the)) on an
issue, the certified results of ((such election shows the result of such
election to be)) the recount are contrary to the result ((thereof
as declared)) on that issue in the original ((declaration of the))
results ((thereof)) of that election, any group of five or more
registered voters ((which has filed a statement with the board as provided
in RCW 29.64.020)) may, within three days after the ((date of the
amended declaration)) certification of the results of the recount,
file ((an application)) a request with the appropriate
board or official for a recount of the votes cast ((at such election
upon such question or proposition in any precinct, the votes of which)) upon
that issue that have not been recounted.
RCW
29.64.010, 29.64.020, and 29.64.030 are applicable to any ((application
provided for in this section and to the)) request and recount ((had
pursuant thereto)) under this section.
Sec. 78. Section 29.64.060, chapter 9, Laws of 1965 as amended by section 100, chapter 361, Laws of 1977 ex. sess. and RCW 29.64.060 are each amended to read as follows:
The ((charges))
expenses for ((making)) conducting a recount of votes ((of
precincts listed in an application for recount filed with the board of
elections)) shall be fixed by the canvassing board ((and shall
include all expenses incurred by such board because of such application other
than the regular operating expenses which the board would have incurred if the
application had not been filed.
The total
amount of charges so fixed divided by the number of precincts listed in such
application, the votes of which were recounted, shall be the charge per
precinct for the recount of the votes of the precincts listed in such
application, the votes of which were recounted: PROVIDED, That the charges per
precinct so fixed shall not be more than the actual cost)).
((Such
charge)) The cost of the recount shall be deducted ((by the board))
from the ((money)) amount deposited ((with the board)) by
the applicant for the recount at the time of filing ((his application)) the
request for the recount, and the balance ((of the money so deposited))
shall be returned to ((such)) the applicant ((unless)).
If the costs of the recount ((were higher than)) exceed the
deposit, ((in which case)) the applicant shall ((be required to))
pay the difference((: PROVIDED, That no such charges shall)). No
charges may be deducted by the canvassing board from the ((money
deposited)) deposit for a recount ((of votes cast for a
nomination or for an election to an office or position in any precinct, if upon
the completion of a recount the applicant is declared nominated or elected, or
if upon completion of a recount concerning a question or proposition,)) if
the recount changes the result of ((such)) the nomination or
election ((is declared to be opposite to the original declaration of the
result of such election. All moneys deposited with the board by an applicant
not returned to him shall be paid by such board into the general fund of the
political subdivision concerned)) for which the recount was ordered.
Sec. 79. Section 29.71.020, chapter 9, Laws of 1965 as amended by section 1, chapter 238, Laws of 1977 ex. sess. and RCW 29.71.020 are each amended to read as follows:
In the
year((s)) in which a presidential election((s are)) is
held, each major political party ((nominating)) and each minor
political party or independent candidate convention held under chapter 29.24
RCW that nominates candidates for president and vice-president of
the United States shall nominate ((their)) presidential electors for
this state ((and)). The party or convention shall file with the
secretary of state a certificate((s of nomination for such candidates
at the time and in the manner and number provided by law. Each political party
shall require from each candidate for)) signed by the presiding officer
of the convention at which the presidential electors were chosen, listing the
names and addresses of the presidential electors. Each presidential
elector shall execute and file with the secretary of state a pledge that,
as an elector, he or she will vote for the candidates nominated by that
party. ((The secretary of state shall certify to the county auditors the
names of the candidates for president and vice president of the several
political parties, which shall be printed on the ballot.)) The names of ((candidates
for)) presidential electors ((of president and vice president))
shall not ((be printed upon)) appear on the ballots. The votes
cast for candidates for president and vice-president of each political
party shall be counted for the candidates for presidential electors of ((such))
that political party((, whose names have been filed with the
secretary of state)).
Sec. 80. Section 29.74.080, chapter 9, Laws of 1965 and RCW 29.74.080 are each amended to read as follows:
The ((ballot))
issue shall be ((headed)) identified as, "Delegates
to a convention for ratification or rejection of a proposed
amendment to the United States Constitution, relating ....................
(stating briefly the substance of amendment proposed for adoption or
rejection)." The names of all candidates who have filed ((for)) in
a district shall be printed on the ballots for that district in two separate
groups((. In one group)) under the headings, "For the
amendment" ((shall be printed in alphabetical order of their surnames,
the names of all candidates, who in their filed declaration of candidacy have
declared themselves to be in favor of the amendment; and in the other group
under the heading,)) and "Against the amendment." The
names of the candidates in each group shall be printed in alphabetical
order ((of their surnames, the names of all candidates, who in their filed
declaration of candidacy have declared themselves to be against the amendment.
The wording of the headings for the two groups may be varied from that
prescribed above if the nature of the proposal submitted by congress requires a
different heading in order to clearly and briefly express the attitude of the
candidates as disclosed in their declarations of candidacy. One of said groups
shall occupy the left, and the other the right, column on said ballot. At the
top of the ballot preceding the list of names shall be the statement,
"Vote for" then the word, "two" or a spelled number
designating the number of delegates to which the district is entitled, and
"To vote for a person, make a cross (X) in the square at the right of the
name of each person for whom you desire to vote." In all other respects
the ballots shall follow the form prescribed by general law)).
Sec. 81. Section 29.82.130, chapter 9, Laws of 1965 as amended by section 2, chapter 42, Laws of 1980 and RCW 29.82.130 are each amended to read as follows:
The special
election ((to be called)) for the recall of an officer((s))
shall be conducted in the same manner as ((general, state, county,
municipal, or other political subdivision elections, as the case may be, are
conducted. The proper election officer shall provide for the holding of)) a
special election for that jurisdiction. The county auditor shall conduct the
recall election((s and the necessary places and officers, ballot boxes,
ballots, poll books, voting machines, supplies, and returns as are required by
law for holding general elections)). The ballots at any recall election
shall contain a full, true, and correct copy of the ballot synopsis of the
charge((,)) and the officer's response to the charge if ((such))
one has been filed((, and shall be so arranged that any voter can, by
making one cross (X) express his desire to have the officer charged recalled
from his office, or retained therein. Substantially the following form shall
be a compliance with the provisions of this section:
RECALL
BALLOT
(Here insert the ballot!w (Here insert the officer's
synopsis of the charge.)!w response to the charge.)
@i2
!tp1FOR the recall of (here insert the name of the officer)!w× !tr¨
AGAINST the recall (here insert the name of the officer)!w× !tr¨)).
!ix!te
NEW SECTION. Sec. 82. The following sections as amended by this act are recodified as follows:
(1) RCW 29.34.080, 29.34.085, 29.34.090, 29.34.143, 29.34.163, and 29.34.170 are each recodified in chapter 29.33 RCW;
(2) RCW 29.33.230, 29.34.153, 29.34.157, and 29.34.167 are each recodified in chapter 29.54 RCW; and
(3) RCW 29.54.035 is recodified in chapter 29.85 RCW.
NEW SECTION. Sec. 83. The following acts or parts of acts are each repealed:
(1) Section 29.18.020, chapter 9, Laws of 1965, section 10, chapter 329, Laws of 1977 ex. sess. and RCW 29.18.020;
(2) Section 29.18.110, chapter 9, Laws of 1965, section 5, chapter 127, Laws of 1974 ex. sess., section 11, chapter 329, Laws of 1977 ex. sess. and RCW 29.18.110;
(3) Section 29.21.017, chapter 9, Laws of 1965, section 5, chapter 213, Laws of 1981 and RCW 29.21.017;
(4) Section 29.21.085, chapter 9, Laws of 1965, section 88, chapter 176, Laws of 1969 ex. sess., section 44, chapter 3, Laws of 1983 and RCW 29.21.085;
(5) Section 29.21.090, chapter 9, Laws of 1965 and RCW 29.21.090;
(6) Section 29.21.110, chapter 9, Laws of 1965, section 1, chapter 19, Laws of 1970 ex. sess. and RCW 29.21.110;
(7) Section 29.21.120, chapter 9, Laws of 1965, section 194, chapter 202, Laws of 1987 and RCW 29.21.120;
(8) Section 29.21.130, chapter 9, Laws of 1965 and RCW 29.21.130;
(9) Section 1, chapter 10, Laws of 1970 ex. sess., section 5, chapter 120, Laws of 1975-'76 2nd ex. sess. and RCW 29.21.150;
(10) Section 29.21.160, chapter 9, Laws of 1965, section 6, chapter 120, Laws of 1975-'76 2nd ex. sess. and RCW 29.21.160;
(11) Section 29.21.210, chapter 9, Laws of 1965, section 2, chapter 131, Laws of 1969, section 8, chapter 21, Laws of 1973 2nd ex. sess., section 9, chapter 183, Laws of 1979 ex. sess. and RCW 29.21.210;
(12) Section 1, chapter 130, Laws of 1967 ex. sess., section 32, chapter 361, Laws of 1977 ex. sess. and RCW 29.21.330;
(13) Section 29.27.010, chapter 9, Laws of 1965, section 45, chapter 3, Laws of 1983 and RCW 29.27.010;
(14) Section 29.27.040, chapter 9, Laws of 1965 and RCW 29.27.040;
(15) Section 29.27.045, chapter 9, Laws of 1965 and RCW 29.27.045;
(16) Section 29.30.030, chapter 9, Laws of 1965, section 53, chapter 361, Laws of 1977 ex. sess. and RCW 29.30.030;
(17) Section 57, chapter 361, Laws of 1977 ex. sess. and RCW 29.30.061;
(18) Section 61, chapter 361, Laws of 1977 ex. sess., section 2, chapter 121, Laws of 1982 and RCW 29.30.091;
(19) Section 33, chapter 361, Laws of 1977 ex. sess., section 12, chapter 167, Laws of 1986 and RCW 29.30.310;
(20) Section 34, chapter 361, Laws of 1977 ex. sess. and RCW 29.30.320;
(21) Section 35, chapter 361, Laws of 1977 ex. sess. and RCW 29.30.330;
(22) Section 36, chapter 361, Laws of 1977 ex. sess. and RCW 29.30.340;
(23) Section 37, chapter 361, Laws of 1977 ex. sess., section 4, chapter 120, Laws of 1986, section 5, chapter 295, Laws of 1987 and RCW 29.30.350;
(24) Section 39, chapter 361, Laws of 1977 ex. sess. and RCW 29.30.370;
(25) Section 40, chapter 361, Laws of 1977 ex. sess. and RCW 29.30.380;
(26) Section 41, chapter 361, Laws of 1977 ex. sess. and RCW 29.30.390;
(27) Section 42, chapter 361, Laws of 1977 ex. sess. and RCW 29.30.410;
(28) Section 43, chapter 361, Laws of 1977 ex. sess. and RCW 29.30.420;
(29) Section 44, chapter 361, Laws of 1977 ex. sess. and RCW 29.30.430;
(30) Section 45, chapter 361, Laws of 1977 ex. sess. and RCW 29.30.440;
(31) Section 46, chapter 361, Laws of 1977 ex. sess., section 5, chapter 120, Laws of 1986, section 6, chapter 295, Laws of 1987 and RCW 29.30.450;
(32) Section 47, chapter 361, Laws of 1977 ex. sess. and RCW 29.30.460;
(33) Section 49, chapter 361, Laws of 1977 ex. sess., section 3, chapter 121, Laws of 1982 and RCW 29.30.480;
(34) Section 50, chapter 361, Laws of 1977 ex. sess. and RCW 29.30.490;
(35) Section 29.33.010, chapter 9, Laws of 1965 and RCW 29.33.010;
(36) Section 29.33.015, chapter 9, Laws of 1965 and RCW 29.33.015;
(37) Section 29.33.090, chapter 9, Laws of 1965, section 5, chapter 40, Laws of 1982 and RCW 29.33.090;
(38) Section 29.33.110, chapter 9, Laws of 1965, section 21, chapter 109, Laws of 1967 ex. sess. and RCW 29.33.110;
(39) Section 29.33.120, chapter 9, Laws of 1965, section 22, chapter 109, Laws of 1967 ex. sess. and RCW 29.33.120;
(40) Section 29.33.140, chapter 9, Laws of 1965 and RCW 29.33.140;
(41) Section 29.33.150, chapter 9, Laws of 1965 and RCW 29.33.150;
(42) Section 29.33.160, chapter 9, Laws of 1965 and RCW 29.33.160;
(43) Section 29.33.170, chapter 9, Laws of 1965 and RCW 29.33.170;
(44) Section 29.33.180, chapter 9, Laws of 1965, section 62, chapter 361, Laws of 1977 ex. sess., section 7, chapter 295, Laws of 1987 and RCW 29.33.180;
(45) Section 29.33.190, chapter 9, Laws of 1965 and RCW 29.33.190;
(46) Section 29.33.200, chapter 9, Laws of 1965 and RCW 29.33.200;
(47) Section 29.33.210, chapter 9, Laws of 1965, section 63, chapter 361, Laws of 1977 ex. sess. and RCW 29.33.210;
(48) Section 29.33.220, chapter 9, Laws of 1965, section 1, chapter 124, Laws of 1971 ex. sess., section 1, chapter 102, Laws of 1973, section 4, chapter 46, Laws of 1975-'76 2nd ex. sess., section 64, chapter 361, Laws of 1977 ex. sess. and RCW 29.33.220;
(49) Section 11, chapter 109, Laws of 1967 ex. sess., section 65, chapter 361, Laws of 1977 ex. sess. and RCW 29.34.010;
(50) Section 67, chapter 361, Laws of 1977 ex. sess., section 13, chapter 167, Laws of 1986 and RCW 29.34.125;
(51) Section 23, chapter 109, Laws of 1967 ex. sess., section 68, chapter 361, Laws of 1977 ex. sess. and RCW 29.34.130;
(52) Section 24, chapter 109, Laws of 1967 ex. sess. and RCW 29.34.140;
(53) Section 70, chapter 361, Laws of 1977 ex. sess. and RCW 29.34.145;
(54) Section 2, chapter 130, Laws of 1967 ex. sess., section 2, chapter 6, Laws of 1971 ex. sess. and RCW 29.34.180;
(55) Section 29.51.080, chapter 9, Laws of 1965 and RCW 29.51.080;
(56) Section 29.51.110, chapter 9, Laws of 1965, section 43, chapter 202, Laws of 1971 ex. sess., section 15, chapter 167, Laws of 1986 and RCW 29.51.110;
(57) Section 29.51.120, chapter 9, Laws of 1965 and RCW 29.51.120;
(58) Section 29.51.130, chapter 9, Laws of 1965 and RCW 29.51.130;
(59) Section 29.51.160, chapter 9, Laws of 1965 and RCW 29.51.160;
(60) Section 29.51.220, chapter 9, Laws of 1965 and RCW 29.51.220;
(61) Section 29.51.260, chapter 9, Laws of 1965 and RCW 29.51.260;
(62) Section 29.54.020, chapter 9, Laws of 1965, section 7, chapter 101, Laws of 1965 ex. sess. and RCW 29.54.020;
(63) Section 29.54.030, chapter 9, Laws of 1965, section 8, chapter 101, Laws of 1965 ex. sess. and RCW 29.54.030;
(64) Section 29.54.040, chapter 9, Laws of 1965, section 9, chapter 101, Laws of 1965 ex. sess., section 86, chapter 361, Laws of 1977 ex. sess. and RCW 29.54.040;
(65) Section 12, chapter 101, Laws of 1965 ex. sess., section 2, chapter 109, Laws of 1967 ex. sess. and RCW 29.54.043;
(66) Section 29.54.045, chapter 9, Laws of 1965, section 10, chapter 101, Laws of 1965 ex. sess., section 4, chapter 102, Laws of 1973, section 87, chapter 361, Laws of 1977 ex. sess. and RCW 29.54.045;
(67) Section 29.54.070, chapter 9, Laws of 1965, section 10, chapter 109, Laws of 1967 ex. sess., section 90, chapter 361, Laws of 1977 ex. sess. and RCW 29.54.070;
(68) Section 29.54.080, chapter 9, Laws of 1965, section 91, chapter 361, Laws of 1977 ex. sess. and RCW 29.54.080;
(69) Section 29.54.090, chapter 9, Laws of 1965 and RCW 29.54.090;
(70) Section 29.54.100, chapter 9, Laws of 1965 and RCW 29.54.100;
(71) Section 29.54.110, chapter 9, Laws of 1965 and RCW 29.54.110;
(72) Section 29.54.120, chapter 9, Laws of 1965 and RCW 29.54.120;
(73) Section 29.54.130, chapter 9, Laws of 1965, section 92, chapter 361, Laws of 1977 ex. sess. and RCW 29.54.130; and
(74) Section 29.54.140, chapter 9, Laws of 1965, section 93, chapter 361, Laws of 1977 ex. sess. and RCW 29.54.140.
NEW SECTION. Sec. 84. Sections 1 through 7 and 9 through 83 of this act take effect on July 1, 1991.