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SUBSTITUTE HOUSE BILL 1233
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Passed Legislature - 1995 Regular Session
State of Washington 54th Legislature 1995
Regular Session
By
Read first time 02/06/95.
Avoiding
conflicts of interest on election canvassing boards.
AN ACT Relating to
canvassing of election returns; amending RCW 29.62.020 and 29.62.030; adding a
new section to chapter 29.62 RCW; and repealing RCW 29.62.140.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec.
1. A new section is added
to chapter 29.62 RCW to read as follows:
(1) The county
canvassing board consists of three members, designated in writing and filed in
the office of the county auditor not later than the day before the first day
duties are to be undertaken by the board, as follows:
(a) The county auditor
shall designate one member, who shall be the auditor or a deputy auditor;
(b) The county
prosecutor shall designate one member, who shall be the prosecutor or a deputy
prosecutor; and
(c) The chair of the
county legislative authority shall designate one member, who shall be a member
of the county legislative authority.
(2) The members
designated to the county canvassing board may not include individuals who are
candidates for an office to be voted upon at the primary or election to be
canvassed, unless no other individuals qualify under subsection (1) of this
section.
(3) The county
canvassing board may, under rules adopted by the secretary of state, delegate
in writing, or at a public meeting, the performance of any task assigned by law
to the board. The rules shall not authorize delegation of the responsibility
of certifying the returns of a primary or election, of determining the validity
of challenged ballots, or of determining the validity of special ballots
referred to them by the county auditor.
(4) Meetings of the
county canvassing board are public meetings under chapter 42.30 RCW.
Sec. 2. RCW 29.62.020 and 1987 c
54 s 2 are each amended to read as follows:
(1) No later
than the tenth day after a special election or primary and no later than the
fifteenth day after a general election, the county auditor shall convene the
county canvassing board to process the absentee ballots and canvass the votes
cast at that primary or election. On the tenth day after a special election or
a primary and on the fifteenth day after a general election, the canvassing
board shall complete the canvass and certify the results. ((All properly
and timely voted absentee ballots which have been)) Each absentee ballot
that was returned before the closing of the polls on the date of the primary or
election for which it was issued, and each absentee ballot with a date of
mailing on or before the date of the primary or election for which it was
issued and received on or before the date on which the primary or election
is certified, shall be included in the canvass report. ((Meetings
of the county canvassing board are public meetings under chapter 42.30 RCW.
The county canvassing board shall consist of the county auditor, the chairman
of the county legislative authority, and the prosecuting attorney or designated
representatives of those officials.))
(2) At the
request of any caucus of the state legislature, the county auditor shall
transmit copies of all unofficial returns of state and legislative primaries or
elections prepared by or for the county canvassing board to either the
secretary of the senate or the chief clerk of the house.
Sec. 3. RCW 29.62.030 and 1965 c
9 s 29.62.030 are each amended to read as follows:
If the primary or
election is one at which ((the county auditor)) a member, or the
officer designating a member, of the canvassing board is ((to be
nominated or elected, canvass of the returns)) a candidate for an
office, decisions regarding the determination of a voter's intent with respect
to a vote cast for that specific office shall be made by the other
two members of the board((;)) not designated by that officer. If
the two disagree, the ((returns for that office shall be canvassed by the
presiding judge of the superior court of the county)) vote shall not be
counted unless the number of those votes could affect the result of the primary
or election, in which case the secretary of state or a designee shall make the
decision on those votes. This section does not restrict participation in
decisions as to the acceptance or rejection of entire ballots, unless the
office in question is the only one for which the voter cast a vote.
NEW SECTION. Sec.
4. RCW 29.62.140 and 1965 c
9 s 29.62.140 are each repealed.
Passed
the House March 7, 1995.
Passed
the Senate April 10, 1995.
Approved by the Governor April 27, 1995.
Filed in Office of
Secretary of State April 27, 1995.
