WSR 00-05-093



[ Filed February 16, 2000, 8:59 a.m. ]

Date of Adoption: February 16, 2000.

Purpose: Clarify ballot processing for the February 29, 2000, presidential primary election.

Citation of Existing Rules Affected by this Order: Amending WAC 434-219-280.

Statutory Authority for Adoption: RCW 29.19.070.

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: Ballot processing may begin on February 19, 2000. This change must be in place at that time.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0. Effective Date of Rule: Immediately.

February 16, 2000

Donald F. Whiting

Assistant Secretary of State

AMENDATORY SECTION(Amending WSR 00-03-003, filed 1/6/00)

WAC 434-219-280
Votes not tabulated.

In addition to WAC 434-219-255, the county auditor shall not tabulate votes in the presidential primary in the following cases:

(1) Where the voter has attempted to vote ((more than once for that office)) for more than one candidate on the same political party or unaffiliated ballot;

(2) Where the voter has voted on more than one political party or unaffiliated ballot ((for candidates of more than one political party)), in which case ((all such votes)) any vote cast on a ballot not matching the oath signed by the voter 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)) WAC 434-219-070;

(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.

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.

[Statutory Authority: RCW 29.19.070. 00-03-003, 434-219-280, filed 1/6/00, effective 2/6/00; 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.]

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.

Washington State Code Reviser's Office