WSR 00-05-095

PROPOSED RULES

SECRETARY OF STATE


[ Filed February 16, 2000, 9:02 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 00-01-019.

Title of Rule: Certification of elections.

Purpose: To clarify which multijurisdictional election results are sent to the state for certification.

Other Identifying Information: WAC 434-262-080, 434-262-110, and 434-262-120.

Statutory Authority for Adoption: RCW 29.04.080, 29.04.210, 29.36.150, 29.79.200.

Statute Being Implemented: RCW 29.62.090.

Summary: Amends existing rules by specifying state legislative and judicial multijurisdictional districts results only be sent to the state for certification.

Reasons Supporting Proposal: Ambiguous working needed to be clarified.

Name of Agency Personnel Responsible for Drafting: Pamela Floyd, 1007 South Washington Street, Olympia, (360) 664-3442; Implementation and Enforcement: David Elliott, 1007 South Washington Street, Olympia, (360) 586-8425.

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

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

Explanation of Rule, its Purpose, and Anticipated Effects: This is a minor change in wording to specify which multijurisdictional districts' election results are to be sent to the OSOS for certification purposes.

Proposal does not change existing rules.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Not applicable.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption.

Hearing Location: Second Floor, 1007 South Washington Street, Olympia, WA 98504, on March 21, 2000, at 10:15 a.m.

Assistance for Persons with Disabilities: Contact David Elliott by March 20, 2000, TDD (800) 422-8683.

Submit Written Comments to: David Elliott, P.O. Box 40237, Olympia, WA 98504-0237, fax (360) 664-2971, by March 20, 2000.

Date of Intended Adoption: April 18, 2000.

February 16, 2000

Donald F. Whiting

Assistant Secretary of State

OTS-3492.1


AMENDATORY SECTION(Amending WSR 97-21-045, filed 10/13/97, effective 11/13/97)

WAC 434-262-080
Auditor's abstract of votes -- Secretary of state to receive certified copy -- Transmittal.

No later than the next business day following the certification of the returns of any primary, special, or general election at which votes were cast for or against state measures or for candidates for federal and state-wide office or for state legislative and judicial offices whose jurisdiction encompasses more than one county, the county auditor shall send a certified copy of that part of the auditor's abstract of votes covering those issues and offices to the secretary of state. This copy must be no larger than eleven inches by fourteen inches and have a certificate identical to that accompanying the official county canvass report, bearing the county seal and original signatures of the officers required to sign that document attached or affixed thereto. A copy of the written narrative documenting errors and discrepancies discovered and corrective action taken shall accompany the abstract if applicable. Copies of the adding machine tapes used during the verification process need not be sent to the secretary of state.

[Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 97-21-045, recodified as 434-262-080, filed 10/13/97, effective 11/13/97. Statutory Authority: RCW 29.04.080. 80-15-008 (Order 80-3), 434-62-080, filed 10/3/80.]


AMENDATORY SECTION(Amending WSR 97-21-045, filed 10/13/97, effective 11/13/97)

WAC 434-262-110
Certification of primary returns by the secretary of state.

Upon completion of the canvass of each county's certified copy of the auditor's abstract of votes and no later than the third Tuesday following the primary, the secretary of state shall certify to the appropriate county auditors the returns for all candidates for federal and state-wide offices, for those state legislative and judicial offices whose jurisdiction encompasses more than one county, and the ballot titles for all state measures. In the event the secretary of state is unable to certify all or part of a primary election by the third Tuesday following that primary because he or she has not received completed certified copies of the auditor's abstract of votes from one or more counties, he or she shall certify the state ballot measures and those candidates for which completed abstracts have been received. The secretary of state shall also set forth, by letter to the county auditors, those reasons which render him or her unable to certify the entire primary. The certification of the remainder of the primary shall take place when all outstanding certified copies of official abstracts have been received and filed.

[Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 97-21-045, recodified as 434-262-110, filed 10/13/97, effective 11/13/97. Statutory Authority: RCW 29.04.080. 80-15-008 (Order 80-3), 434-62-110, filed 10/3/80.]


AMENDATORY SECTION(Amending WSR 97-21-045, filed 10/13/97, effective 11/13/97)

WAC 434-262-120
Certification of general election returns by the secretary of state.

Upon completion of the canvass of each county's certified copy of the auditor's abstract of votes and no later than the thirtieth day following a general election the secretary of state shall certify to the governor the returns for all candidates for federal and state-wide offices, for those state legislative and judicial offices whose jurisdiction encompasses more than one county, and for all state ballot measures. In the event the secretary of state is unable to certify all or part of a general election by the thirtieth day following that election because he or she has not received completed certified copies of the auditor's abstract of votes from one or more counties, he or she shall certify those candidates for which completed abstracts have been received. The secretary of state shall also set forth, by letter to the governor, those reasons which render him or her unable to certify the entire election. The certification of the remainder of the election shall take place when all outstanding certified copies of official abstracts have been received.

[Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 97-21-045, recodified as 434-262-120, filed 10/13/97, effective 11/13/97. Statutory Authority: RCW 29.04.080. 80-15-008 (Order 80-3), 434-62-120, filed 10/3/80.]

Washington State Code Reviser's Office