WSR 18-11-121
EXPEDITED RULES
SECRETARY OF STATE
[Filed May 22, 2018, 12:28 p.m.]
Title of Rule and Other Identifying Information: WAC 434-230-015 Ballots and instructions.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This update changes punctuation, and clarifies subsection (3)(c) in a list of qualifications.
Reasons Supporting Proposal: The update will clarify and correctly punctuate the list of qualifications.
Statutory Authority for Adoption: RCW 29A.04.611.
Statute Being Implemented: Title 29A RCW.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Office of the secretary of state, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Sheryl Moss, Olympia, 360-902-4146.
Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: Clarifies the intent of recent WAC adoption by correcting a typographic[al] error.
This notice meets the following criteria to use the expedited adoption process for these rules:
Relates only to internal governmental operations that are not subject to violation by a person.
Corrects typographical errors, make address or name changes, or clarify language of a rule without changing its effect.
Have been the subject of negotiated rule making, pilot rule making, or some other process that involved substantial participation by interested parties before the development of the proposed rule.
Explanation of the Reason the Agency Believes the Expedited Rule-Making Process is Appropriate: Correction of a typographic[al] error.
NOTICE
THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Sheryl Moss, Office of the Secretary of State, P.O. Box 40220, phone 360-902-4146, fax 360-664-4619, email Sheryl.moss@sos.wa.govl[gov], AND RECEIVED BY July 23, 2018.
May 22, 2018
Mark Neary
Assistant Secretary of State
AMENDATORY SECTION (Amending WSR 18-10-003, filed 4/19/18, effective 5/20/18)
WAC 434-230-015 Ballots and instructions.
(1) Each ballot shall specify the county, the date, and whether the election is a primary, special or general.
(2) Each ballot must include instructions directing the voter how to mark the ballot, including write-in votes if candidate races appear on the ballot.
(3) Instructions that accompany a ballot must:
(a) Instruct the voter how to cancel a vote by drawing a line through the text of the candidate's name or ballot measure response;
(b) Notify the voter that, unless specifically allowed by law, more than one vote for an office or ballot measure will be an overvote and no votes for that office or ballot measure will be counted;
(c) Explain how to complete and sign the ballot declaration. The following declaration must accompany the ballot:
"I do solemnly swear or affirm under penalty of perjury that I am:
A citizen of the United States;
A legal resident of the state of Washington;
At least 18 years old on election day;
Voting only once in this election;
Not under the authority of the Department of Corrections for a Washington felony conviction;
Not disqualified from voting due to a court order; and
Not voting in any other jurisdiction in the United States for this election((; and)).
It is illegal to forge a signature or cast another person's ballot. Attempting to vote when not qualified, attempting to vote more than once, or falsely signing this declaration is a felony punishable by a maximum imprisonment of five years, a maximum fine of $10,000, or both."
The declaration must include space for the voter to sign and date the declaration, for the voter to write his or her phone number, and for two witnesses to sign if the voter is unable to sign.
(d) Explain how the voter may make a mark, witnessed by two other people, if the voter is unable to write their signature;
(e) Explain that a power of attorney cannot be used to sign a ballot for someone else;
(f) Explain how to place the ballot in the security envelope and place the security envelope in the return envelope;
(g) Explain how to obtain a replacement ballot if the original ballot is destroyed, spoiled, or lost;
(h) If applicable, explain that postage is required, or exactly how much postage is required. See WAC 434-250-200 on return postage;
(i) Explain that, in order for the ballot to be counted, it must be either postmarked no later than election day or deposited at a ballot drop box no later than 8:00 p.m. election day;
(j) Explain how to learn about the locations, hours, and services of voting centers and ballot drop boxes, including the availability of accessible voting equipment;
(k) Include, for a primary election that includes a partisan office other than a presidential primary race, a notice on an insert explaining:
"In each race, you may vote for any one candidate listed. The two candidates who receive the most votes in the primary will advance to the general election.
Each candidate for partisan office may state a political party that he or she prefers. A candidate's preference does not imply that the candidate is nominated or endorsed by the party, or that the party approves of or associates with that candidate."
(l)(i) Include, for a general election that includes a partisan office, the following explanation:
"If a primary election was held for an office, the two candidates who received the most votes in the primary advanced to the general election.
Each candidate for partisan office may state a political party that he or she prefers. A candidate's preference does not imply that the candidate is nominated or endorsed by the party, or that the party approves of or associates with that candidate."
(ii) In a year that president and vice president appear on the general election ballot, the following must be added to the statement required by (l)(i) of this subsection:
"The election for president and vice president is different. Candidates for president and vice president are the official nominees of their political party."
(4) Instructions that accompany a special absentee ballot authorized by RCW 29A.40.050 must also explain that the voter may request and subsequently vote a regular ballot, and that if the regular ballot is received by the county auditor, the regular ballot will be tabulated and the special absentee ballot will be voided.
(5) Each ballot must explain, either in the general instructions or in the heading of each race, the number of candidates for whom the voter may vote (e.g., "vote for one").
(6)(a) If the ballot includes a partisan office other than a presidential primary race, the ballot must include the following notice in bold print immediately above the first partisan congressional, state or county office: "READ: Each candidate for partisan office may state a political party that he or she prefers. A candidate's preference does not imply that the candidate is nominated or endorsed by the party, or that the party approves of or associates with that candidate."
(b) When the race for president and vice president appears on a general election ballot, instead of the notice required by (a) of this subsection, the ballot must include the following notice in bold print after president and vice president but immediately above the first partisan congressional, state or county office: "READ: Each candidate for president and vice president is the official nominee of a political party. For other partisan offices, each candidate may state a political party that he or she prefers. A candidate's preference does not imply that the candidate is nominated or endorsed by the party, or that the party approves of or associates with that candidate."
(c) The same notice may also be listed in the ballot instructions.
(7) Counties may use varying sizes and colors of ballots, provided such size and color is used consistently throughout a region, area or jurisdiction (e.g., legislative district, commissioner district, school district, etc.). Varying color and size may also be used to designate various types of ballots.
(8) Ballots shall be formatted as provided in RCW 29A.36.170.
(9) Removable stubs are not considered part of the ballot.
(10) If ballots are printed with sequential numbers or other sequential identifiers, the county auditor must take steps to prevent ballots from being issued sequentially, in order to protect secrecy of the ballot.
Counties may use ballot envelopes and instruction in stock until May 31, 2019.