Supplemental Notice to WSR [99-18-076].

Preproposal statement of inquiry was filed as WSR 99-10-106.

Title of Rule: Presidential primary.

Purpose: To conform to state and national political party rules and to facilitate the use of presidential primary results by political parties in their selection of delegates.

Statutory Authority for Adoption: RCW 29.19.070.

Statute Being Implemented: RCW 29.19.070.

Summary: The provision for the submission of political party declarations is made generic in nature so that it applies to future presidential primaries. The absentee ballot provision is changed to end the requirement for declaring party affiliation at the time an absentee ballot is requested. Procedures for processing absentee ballots are created to facilitate that change, along with other minor changes.

Reasons Supporting Proposal: The political party declaration submission provision applied to 1996 and needed to be updated. Dispensing with the requirement to declare party affiliation when requesting an absentee ballot allows the voter more time to determine which ballot he or she will cast.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Gary McIntosh, Office of the Secretary of State, (360) 902-4151.

Name of Proponent: Office of the Secretary of State, public.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: The provision for political party declarations will be generic to conform to future presidential primary elections.

The amendment to delete the requirement for declaring party affiliation when requesting an absentee ballot will allow the voter more time to determine which ballot he or she wishes.

Allowing the counties to print political party and unaffiliated ballots on the same sheet will save printing costs.

Proposal Changes the Following Existing Rules: By amending the provision of political party declarations, the political parties will be given flexibility to change the oath on the ballot prior to each presidential primary.

The current rule requires absentee voters to declare party affiliation when requesting an absentee ballot. By amending this rule, the voters will be allowed more time to determine which ballot he or she wishes to receive.

The current rule requires that three separate types of absentee ballots be printed and distributed to voters according to their signed declaration. By amending this rule, the counties are allowed to print only one ballot.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Does not affect small businesses.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. It only affects governmental agencies.

Hearing Location: Office of the Secretary of State, Legislative Building, Olympia, Washington 98501, on December 10, 1999, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Diane Morgan by December 3, 1999, TDD (800) 422-8683.

Submit Written Comments to: Diane Morgan, Election Program Coordinator, Office of the Secretary of State, P.O. Box 40229, Olympia, WA 98504-0229, fax (360) 586-5629, by December 9, 1999.

Date of Intended Adoption: December 17, 1999.

November 2, 1999

Tracy Guerin

Deputy Secretary of State

OTS-3249.6

AMENDATORY SECTION(Amending WSR 96-03-141, filed 1/24/96, effective 2/24/96)

WAC 434-219-020
Definitions.

As used in this chapter:

(1) "County auditor" means the county auditor in a noncharter county or the officer, irrespective of title, having the overall responsibility to maintain voter registration information and conduct state and local elections in a charter county, and his or her deputies or staff where the context indicates;

(2) "Major political party" means a political party of which at least one nominee for president, vice-president, United States senator, or state-wide office received at least five percent of the total vote cast at the last preceding state general election for that office in an even-numbered year;

(3) "Ballot" means, as the context implies, either:

(a) The issues and offices to be voted upon in a jurisdiction or portion of a jurisdiction at a presidential primary;

(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 device;

(c) A physical or electronic record of the choices of an individual voter at a presidential primary;

(d) A physical document on which the voter's choices are to be recorded;

(4) (("Paper ballot" means a piece of paper on which the ballot for a presidential primary has been printed, on which a voter may record his or her choices for any candidate or for or against any measure, and that is to be tabulated manually;

(5) "Ballot card" means any type of card or piece of paper of any size on which a voter may record his or her choices for any candidate and for or against any measure, and that is to be tabulated on a vote tallying system;)) "Political party ballot" means a ballot composed of a list of names of candidates belonging to the same major political party and who have been certified by the secretary of state as provided in RCW 29.19.030.

(5) "Unaffiliated ballot" means a ballot composed of a list of all the candidates certified by the secretary of state as provided in RCW 29.19.030.

(6) "Physically separate ballot" means a ballot specific to a single political party or an unaffiliated ballot. When physically separate ballots are used, all ballots must be issued to each absentee voter unless the voter signs the appropriate oath requesting only one ballot.

(7) "Consolidated ballot" means a single sheet of ballot paper or card upon which multiple ballots may be listed. Such ballots must clearly identify each separate ballot by type and, if used at a polling place, must also be capable of being coded so that only votes cast for candidates matching the oath signed by the voter are counted. Consolidated mail ballots may be coded in the same manner as polling place ballots.

(8) "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 presidential primary or to canvass votes cast in a presidential primary;

(((7))) (9) "Voting device" means a piece of equipment used for the purpose of marking, 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

(8))) (10) "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;

(((9))) (11) "Ad-hoc committee" means the committee created under RCW 29.19.020 that has the authority to change the date of the presidential primary.

[Statutory Authority: RCW 29.19.070.  96-03-141, recodified as § 434-219-020, filed 1/24/96, effective 2/24/96; 91-18-012, § 434-75-020, filed 8/26/91, effective 9/26/91.]

In the event the secretary determines a petition bears sufficient signatures he or she shall include the name of that candidate in the official certification of candidates to the county auditors.  This certification shall be completed and transmitted to the county auditors not later than the thirty-fourth (([day])) day prior to the primary.

[Statutory Authority: RCW 29.19.070.  96-03-141, recodified as § 434-219-120, filed 1/24/96, effective 2/24/96; 91-18-012, § 434-75-120, filed 8/26/91, effective 9/26/91.]

((Separate ballots for each major political party shall be provided as follows:

(1) Where a paper ballot is used, a separate ballot shall be prepared for each major political party containing the names of the candidates of that party certified by the secretary of state under WAC 434-75-120;

(2) Where a ballot card is used, separate ballot cards shall be provided for each major political party. Counties shall employ separate voting devices within each polling place for each major political party.  Ballot cards must contain a machine readable pre-punch or a machine readable ballot code to distinguish, within each precinct, each ballot type used.)) Ballots for each major political party and unaffiliated ballots shall be provided as follows:

(1) Where candidate names are listed on physically separate ballots, each ballot shall be identified by color and either the name of the political party or as an unaffiliated ballot. Each separate ballot shall contain a machine readable code to distinguish each ballot type within each precinct.

(2) Where candidate names are listed on a consolidated ballot, they shall be printed in such a manner that each party's group of candidates is clearly distinguishable and identified by party name. The unaffiliated ballot may be listed in a separate listing or may be considered a combination of the party ballots. The order of the parties shall be the same as the order in which candidate names are listed on partisan general election ballots.

At a polling place, each ballot must be coded so that only votes cast for candidates of the party matching the oath signed by the voter are counted.

The code shall be a response position on the consolidated ballot identifying one of the major political parties or the unaffiliated status. Its purpose will be to exclude any vote cast on the ballot that does not correspond to the party or unaffiliated status indicated by the voter on the response position. The voter must mark or punch the appropriate response position corresponding to the oath or declaration on the absentee ballot return envelope. If the vote is cast at a polling place, the voter shall mark or punch the code in the presence of a precinct election official, who shall ensure that the code matches the oath or declaration as signed in the poll book. If a consolidated ballot is used in a mail ballot precinct or as an absentee ballot and a party/unaffiliated code is not used, each returning ballot must be segregated by oath and then subsequently inspected to ensure that only votes cast for candidates corresponding to the oath signed by the voter are counted.

[Statutory Authority: RCW 29.19.070.  96-03-141, recodified as § 434-219-160, filed 1/24/96, effective 2/24/96; 91-18-012, § 434-75-160, filed 8/26/91, effective 9/26/91.]

In the event a party/unaffiliated ballot code is used and the absentee voter fails to code his or her ballot as provided by WAC 434-219-160(2), the county auditor shall code the ballot to correspond to the oath signed by the voter on the absentee ballot return envelope.

[]

Whenever political party declarations or ballots are printed on the same envelope, card, or sheet of paper, the party which polled the highest number of votes in the state for its candidate for president at the last preceding presidential election shall be listed first. Unaffiliated declarations shall be printed below political party declarations.

[]

(1) ((Voters who do not make a political party declaration under WAC 434-75-140 shall be issued a)) The unaffiliated ballot ((containing)) shall contain the names of all of the candidates certified by the secretary of state under WAC ((434-75-120)) 434-219-120 listed alphabetically under the designation of the office (president of the United States) together with any other issues being submitted to the voters at special elections held in conjunction with the presidential primary.

(2) ((Voters who make a political party declaration under WAC 434-75-140 shall be issued a)) The political party ballots ((containing)) shall contain the names of all of the candidates certified by the secretary of state under WAC ((434-75-120)) 434-219-120 for that party's nomination listed alphabetically under the designation of the office (president of the United States) together with any other issues being submitted to the voters at special elections held in conjunction with the presidential primary.

(3) ((On paper ballots, a printed box shall be placed adjacent to each candidate's name.))  Provision for the voter to write-in the name of another candidate shall be provided on each physically separate ballot or for each party's office on a consolidated ballot.  The names of candidates on the presidential primary ballot shall not be rotated.

(4) The ballot shall contain instructions to the voters in substantially the following form:

"((VOTE FOR ONE.))  If you vote for more than one candidate for this office, your vote in the presidential primary will not be counted."

The instructions shall be printed large enough to be easily read by the voter.

(5) Ballots for each political party and unaffiliated ballots shall be differentiated by color except when using a consolidated ballot.

[Statutory Authority: RCW 29.19.070.  96-03-141, recodified as § 434-219-180, filed 1/24/96, effective 2/24/96; 91-18-012, § 434-75-180, filed 8/26/91, effective 9/26/91.]

No later than fifteen days before the date of the presidential primary, the county auditor shall provide for the preparation of a test deck for logic and accuracy testing.

[]

((Wherever applicable, the provisions regarding the arrangement and form of the presidential primary ballot shall apply to both absentee ballots and to those ballots used at the polling place.)) (1) Polling place voters who do not make a political party declaration under WAC 434-219-140 shall be issued either an unaffiliated ballot, or a consolidated ballot coded by the voter as an unaffiliated ballot. Polling place voters who make a political party declaration under WAC 434-219-140 shall be issued either that party's ballot or a consolidated ballot coded by the voter to match their party oath.

(2) Absentee ballot voters, except as provided in subsection (3) of this section if applicable, shall be issued all unaffiliated and political party ballots, either as physically separate ballots or as a consolidated ballot.

(3) At the discretion of the county auditor, absentee ballots issued directly to the voter at the auditor's office may be issued in the same manner as polling place ballots provided that the voter marks, or verbally refuses to mark, the appropriate declaration on the return envelope prior to receiving the ballot.

[Statutory Authority: RCW 29.19.070.  96-03-141, recodified as § 434-219-210, filed 1/24/96, effective 2/24/96; 91-18-012, § 434-75-210, filed 8/26/91, effective 9/26/91.]

((Any absentee ballot request form produced for use in the presidential primary must include an option for the voter to subscribe to the declaration of a major political party under WAC 434-219-140 and participate only in the presidential primary of that party.  The absentee request shall also contain a statement in substantially the following form:

"Under Washington's presidential primary law, you may subscribe to a declaration required by the rules of a major political party and receive a ballot containing only the candidates of that political party.  The rules of that major political party may provide that votes cast by persons subscribing to this declaration at the presidential primary be used to determine the allocation of delegates and alternates from this state to the national nominating convention of that party.  If you wish to receive a ballot containing only the names of presidential candidates for one political party, be sure to sign the declaration for that party."

Absentee ballot requests for the presidential primary shall in all other respects contain the information required, and be in the form specified, by chapter 29.36 RCW and chapter 434-40 WAC.  The secretary of state shall design an absentee ballot application form for the presidential primary and shall provide this form to each county auditor, and to any other person or organization, upon request.)) (1) The political party declaration and unaffiliated declaration provided under WAC 434-219-140 shall be printed on the return envelope below the absentee ballot oath provided under WAC 434-240-190. Each declaration shall be printed next to a box in which the voter may make a mark to indicate to which declaration he or she subscribes. The date and signature lines in the absentee ballot oath shall also serve as the date and signature lines for the political party and unaffiliated declarations.

(2) In addition to other instructions normally provided to absentee voters, the county auditor shall ensure that, whenever presidential primary ballots are issued, the voters are given specific instructions on how to mark their ballot so that it will be counted in accordance with the oath they signed on the return envelope. Instructions shall also be provided to the voter on the correct method for writing in a candidate's name on the ballot.

[Statutory Authority: RCW 29.19.070.  96-03-141, recodified as § 434-219-220, filed 1/24/96, effective 2/24/96; 91-18-012, § 434-75-220, filed 8/26/91, effective 9/26/91.]

((Incomplete absentee ballot applications for the presidential primary shall be handled in the manner provided by WAC 434-40-130 through 434-40-160.)) Absentee ballots must be segregated according to major party declaration choice before they are removed from the return envelopes. The number of ballots in each segregated group shall be recorded on a ballot accountability form at each step of the absentee ballot canvassing process. If consolidated absentee ballots are used, they shall be processed in the manner provided by either WAC 434-219-160(2) or, if a party/unaffiliated ballot code is used, by WAC 434-219-165 if applicable.

[Statutory Authority: RCW 29.19.070.  96-03-141, recodified as § 434-219-230, filed 1/24/96, effective 2/24/96; 91-18-012, § 434-75-230, filed 8/26/91, effective 9/26/91.]

(((1) In the event the auditor receives a written request for an absentee ballot that does not include any signed political party declaration or receives a phone request for an unaffiliated absentee ballot, he or she shall send that voter a ballot containing the names of all of the candidates certified by the secretary of state under WAC 434-75-120.

(2) In the event the auditor receives a phone request for an absentee ballot of a major political party, he or she shall send the voter a ballot containing the names of all of the candidates of that party certified by the secretary of state under WAC 434-75-120.  The auditor shall include with the ballot and return envelopes the appropriate political party oath together with instructions for executing and returning the signed oath.  The political party oath may be affixed to the return envelope or may be on a separate piece of paper to be returned separately from the security envelope.)) Each absentee ballot cast by voters who signed a party declaration shall be inspected.

If a voter signs a party oath and votes for a candidate certified by the secretary of state for that party, that voter's ballot shall be grouped and tabulated with the ballots of that party. The number of ballots so voted shall be recorded on the ballot accountability form.

If a voter signs an unaffiliated oath, or does not sign an oath at all, that voter's ballot shall be grouped and tabulated with the unaffiliated ballots. The number of ballots so voted shall be recorded on the ballot accountability form.

Any voter who signs a party oath and then votes for a candidate certified by the secretary of state for a different party shall not have that vote tabulated.

[Statutory Authority: RCW 29.19.070.  96-03-141, recodified as § 434-219-240, filed 1/24/96, effective 2/24/96; 92-08-032, § 434-75-240, filed 3/24/92, effective 4/1/92; 91-18-012, § 434-75-240, filed 8/26/91, effective 9/26/91.]

(((1) Each county auditor shall, prior to the presidential primary, send a ballot request form similar to the one provided under WAC 434-75-220 to each ongoing absentee voter and to all voters in vote-by-mail precincts in advance of the presidential primary, giving those voters the opportunity to request a ballot containing only the presidential candidates of one major political party.  In the event an ongoing absentee voter does not return a ballot request form at least twenty-five days before the date of the primary, that voter shall be sent a ballot containing all of the candidates certified by the secretary of state under WAC 434-75-120.

(2) If the auditor receives a written or phone request for the ballot of a major political party from any ongoing absentee voter or voter in a vote-by-mail precinct to whom an unaffiliated ballot has already been sent, that request shall be processed as provided under WAC 434-75-240(2).)) (1) Any voter who signs a party oath and votes for a candidate certified by the secretary of state for that party shall have that vote tabulated as a political party vote, regardless upon which ballot that vote is cast.

(2) Any voter who signs the unaffiliated oath, or who does not sign an oath at all, shall have that vote tabulated as an unaffiliated vote, regardless upon which ballot that vote is cast.

(3) Any voter who signs a party oath and then votes for a candidate certified by the secretary of state for a different party shall not have that vote tabulated.

[Statutory Authority: RCW 29.19.070.  96-03-141, recodified as § 434-219-250, filed 1/24/96, effective 2/24/96; 92-08-032, § 434-75-250, filed 3/24/92, effective 4/1/92; 91-18-012, § 434-75-250, filed 8/26/91, effective 9/26/91.]

(1) Only write-in votes cast by voters who have subscribed to a party declaration shall be tabulated. Write-in votes cast by unaffiliated voters shall not be tabulated.

(2) Write-in votes cast for a candidate who has been certified by the secretary of state for the same political party as that to which the voter has subscribed, shall not be tabulated.

(3) Write-in votes cast by a voter who has subscribed to a political party declaration and voted for a candidate of that party on another political party's ballot, or an unaffiliated ballot, shall not be tabulated unless the voter has written the proper political party designation next to the candidate's name.

(4) Except as provided in subsections (1) through (3) of this section, all write-in votes shall be tabulated and reported as part of the canvass of votes. The total number of write-in votes not tabulated shall be recorded on a ballot accountability form.

[]

Unless otherwise provided by law, ((by the rules of the national or state party of a major political party,)) or by these rules, absentee ballots for the presidential primary shall be processed, canvassed, and tabulated, by legislative and congressional district, in the same manner as absentee ballots for other elections.

[Statutory Authority: RCW 29.19.070.  96-03-141, recodified as § 434-219-260, filed 1/24/96, effective 2/24/96; 91-18-012, § 434-75-260, filed 8/26/91, effective 9/26/91.]

Wherever applicable, presidential primary ballots for voters in vote-by-mail precincts shall be issued and processed in the same manner as ballots issued to ongoing absentee voters, as provided by statute((, by the rules of the national or state committee of a major political party,)) and by these rules.

[Statutory Authority: RCW 29.19.070.  96-03-141, recodified as § 434-219-270, filed 1/24/96, effective 2/24/96; 91-18-012, § 434-75-270, filed 8/26/91, effective 9/26/91.]

The county auditor shall not ((count)) tabulate votes ((cast for the office of president of the United States)) in the presidential primary in the following cases:

(1) Where the voter has attempted to vote more than once for that office;

(2) Where the voter has voted for candidates of more than one political party, in which case all such votes shall be rejected;

(3) Where a write-in vote is made for a person who has declined the nomination as provided by WAC 434-75-070;

(4) Where the person issued a special or challenged ballot does not otherwise satisfy the constitutional or statutory requirements for voting;

(5) Where the voter has signed a political party oath and then cast a vote other than a write-in vote for a candidate whose name appears on a different party's ballot;

(6) Where the voter has signed a political party's oath and then cast a write-in vote for a candidate whose name is listed on the same political party's ballot;

(7) Where the voter has subscribed to a political party declaration and cast a write-in vote for a candidate of that party on another political party's ballot or on an unaffiliated ballot.

In those instances where the auditor is not sure whether a ballot or part of a ballot should be counted, he or she shall refer that ballot to the county canvassing board for their determination. ((The auditor shall maintain a record of those ballots not counted and the reason why they were not part of the official canvass of the primary.))

[Statutory Authority: RCW 29.19.070.  96-03-141, recodified as § 434-219-280, filed 1/24/96, effective 2/24/96; 91-18-012, § 434-75-280, filed 8/26/91, effective 9/26/91.]

The auditor shall maintain a record of all ballots not counted and the reason why they were not part of the official canvass of the primary.

[]

County canvassing boards shall certify the results of the presidential primary including totals for all valid write-in votes cast for each candidate and the total of all write-in votes not tabulated, by congressional district, not later than the tenth day following the primary.  The county auditor shall send one original copy of the returns by mail to the secretary of state on the same day the returns are certified.  Wherever applicable, the other procedures established by chapter 29.62 RCW for the canvassing of state primaries shall apply to the canvassing of a presidential primary.  Not later than the twentieth day following the presidential primary, the secretary of state shall notify the candidates and the chairperson of the national and state committees of each major political party of the votes cast for each candidate listed on the ballot and of the write-in votes cast for any qualified write-in candidates.

[Statutory Authority: RCW 29.19.070.  96-03-141, recodified as § 434-219-290, filed 1/24/96, effective 2/24/96; 91-18-012, § 434-75-290, filed 8/26/91, effective 9/26/91.]

The registering mechanism of each mechanical device used in a primary election shall be sealed by the precinct election officers after the polls have closed and remain sealed until ten days after the completion of the canvass of that presidential primary except when:

(1) A recanvass is required; or

(2) A succeeding election occurs within twenty days of the presidential primary.

[]

The provisions of chapter 29.64 RCW ((29.64.015)) regarding ((mandatory)) statutory recounts do not apply to a presidential primary.  ((However, recounts may be requested under the other provisions of that chapter.))

[Statutory Authority: RCW 29.19.070.  96-03-141, recodified as § 434-219-310, filed 1/24/96, effective 2/24/96; 91-18-012, § 434-75-310, filed 8/26/91, effective 9/26/91.]

No later than thirty days following the certification of the returns of the presidential primary by the secretary of state, the county auditor shall provide to the county and state committee of each major political party, at actual reproduction cost((,)):

(1) The results of the presidential primary by precinct; and

(2) The names and addresses of those voters participating in the presidential primary of that major political party.  This may be accomplished by either:

(((1))) (a) Integrating the ballot request and party preference data with the county voter registration file and producing a registered voter report containing the consolidated data in either machine-readable or printed format, which is provided to each major political party; or

(((2))) (b) Providing to each major political party copies of the political party declarations that indicate the primary in which the voter participated; or

(((3))) (c) Providing each major political party with a copy of the poll book pages upon which the voter has indicated the political party primary in which he or she participated and a separate report covering the declarations of absentee voters.

[Statutory Authority: RCW 29.19.070.  96-03-141, recodified as § 434-219-320, filed 1/24/96, effective 2/24/96; 91-18-012, § 434-75-320, filed 8/26/91, effective 9/26/91.]

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