AN
ACT Relating to recount procedures; amending RCW 29.62.090, 29.64.010,
29.64.015, 29.64.020, 29.64.030, 29.64.040, 29.64.051, 29.64.060, and
29.64.080; adding a new section to chapter 29.01 RCW; and adding a new section
to chapter 29.64 RCW.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. A
new section is added to chapter 29.01 RCW to read as follows:
"Recount"
means the process of retabulating ballots and producing amended election returns
based on that retabulation, even if the vote totals have not changed.
Sec.
2. RCW
29.62.090 and 1999 c 298 s 21 are each amended to read as follows:
(1)
Immediately after the official results of a state primary or general election
in a county are ascertained, the county auditor or other election officer shall
make an abstract of the number of registered voters in each precinct and of all
the votes cast in the county at such state primary or general election for and
against state measures and for each candidate for federal, state, and
legislative office or for any other office which the secretary of state is
required by law to canvass. The abstract ((shall)) must be
entered on blanks furnished by the secretary of state or on compatible computer
printouts approved by the secretary of state, and the cumulative report of
the election and a copy of the certificate of the election transmitted to
the secretary of state immediately, through electronic means and mailed with
the abstract of votes no later than the next business day following the
certification by the county canvassing board.
(2)
After each general election, the county auditor or other election officer shall
provide to the secretary of state a report of the number of absentee ballots
cast in each precinct for and against state measures and for each candidate for
federal, state, and legislative office or for any other office which the
secretary of state is required by law to canvass. The report may be included
in the abstract required by this section or may be transmitted to the secretary
of state separately, but in no event later than March 31st of the year
following the election. Absentee ballot results may be incorporated into votes
cast at the polls for each precinct or may be reported separately on a
precinct-by-precinct basis.
(3)
If absentee ballot results are not incorporated into votes cast at the polls,
the county auditor or other election official may aggregate results from more
than one precinct if the auditor, pursuant to rules adopted by the secretary of
state, finds that reporting a single precinct's absentee ballot results would
jeopardize the secrecy of a person's ballot. To the extent practicable,
precincts for which absentee results are aggregated ((shall)) must
be contiguous.
Sec.
3. RCW
29.64.010 and 1987 c 54 s 3 are each amended to read as follows:
An
officer of a political party or any person for whom votes were cast in a
primary who was not declared nominated may file a written application for a
recount of the votes or a portion of the votes cast at that primary for all
persons for whom votes were cast for nomination to that office.
An
officer of a political party or any person for whom votes were cast at any
election may file a written application for a recount of the votes or a portion
of the votes cast at that election for all candidates for election to that
office.
Any
group of five or more registered voters may file a written application for a
recount of the votes or a portion of the votes cast upon any question or
issue. They shall designate one of the members of the group as chairman and
shall indicate the voting residence of each member of the group.
An
application for a recount of the votes cast for ((a state or local)) an
office or on a ballot measure ((in a jurisdiction that is entirely within
one county shall be filed with the county auditor of that county. An
application for a recount of the votes cast for a federal office or for any
state office or on a ballot measure in a jurisdiction that is not entirely
within a single county shall)) must be filed with the ((secretary
of state)) officer with whom filings are made for the jurisdiction.
An
application for a recount ((in a jurisdiction using a vote tally system
shall)) must specify whether the recount ((shall)) will
be done manually or by the vote tally system. A recount done by the vote tally
system ((shall use separate and distinct programming from that used in the
original count, and)) must use programming that recounts and reports
only the office or ballot measure in question. The county shall also
provide for a ((separate and distinct)) test of the logic and accuracy
of that program.
An
application for a recount shall be filed within three business days((,
excluding Saturdays, Sundays, and holidays,)) after the county canvassing
board or secretary of state has declared the official results of the primary or
election for the office or issue for which the recount is requested.
This
chapter applies to the recounting of votes cast by paper ballots((, to the
recheck of votes recorded on voting machines,)) and to the recounting of
votes recorded on ballots ((cards and)) counted by a vote tally
system.
Sec.
4. RCW
29.64.015 and 1993 c 377 s 1 are each amended to read as follows:
(1)
If the official canvass of all of the returns for any office at any primary or
election reveals that the difference in the number of votes cast for a
candidate apparently nominated or elected to any office and the number of votes
cast for the closest apparently defeated opponent is ((not more)) less
than two thousand votes and also less than one-half of one percent of the
total number of votes cast for both candidates, the county canvassing board
shall conduct a recount of all votes cast on that position.
(a)
Whenever such a difference occurs in the number of votes cast for candidates
for a position ((which appears on the ballot in more than one county)) the
declaration of candidacy for which was filed with the secretary of state,
the secretary of state shall, within three business days of the day that the
returns of the primary or election are first certified by the canvassing boards
of those counties, direct those boards to recount all votes cast on the
position.
(b)
If the difference in the number of votes cast for the apparent winner and the
closest apparently defeated opponent is less than one hundred fifty votes and
also less than one-fourth of one percent of the total number of votes cast for
both candidates, the votes shall be recounted manually or as provided in
subsection (3) of this section.
(2)
A mandatory recount shall be conducted in the manner provided by RCW 29.64.020,
29.64.030, and 29.64.040. No cost of a mandatory recount may be charged to any
candidate.
(3)
The apparent winner and closest apparently defeated opponent for an office for
which a manual recount is required under subsection (1)(b) of this section may
select an alternative method of conducting the recount. To select such an
alternative, the two candidates shall agree to the alternative in a signed,
written statement filed with the election official for the office. The recount
shall be conducted using the alternative method if: It is suited to the balloting
system that was used for casting the votes for the office; it involves the use
of a vote tallying system that is approved for use in this state by the
secretary of state; and the vote tallying system is readily available in each
county required to conduct the recount. If more than one balloting system was
used in casting votes for the office, an alternative to a manual recount may be
selected for each system.
Sec.
5. RCW
29.64.020 and 1991 c 81 s 36 are each amended to read as follows:
An
application for a recount shall state the office for which a recount is
requested and whether the request is for all or only a portion of the votes
cast in that jurisdiction of that office. The person filing an application for
a manual recount shall, at the same time, deposit with the county
canvassing board or secretary of state, in cash or by certified check, a sum
equal to twenty-five cents for each ballot cast in the jurisdiction or
portion of the jurisdiction for which the recount is requested as security for
the payment of any costs of conducting the recount. If the application is
for a machine recount, the deposit must be equal to fifteen cents for each
ballot. These charges shall be determined by the county canvassing board or
boards under RCW 29.64.060.
The
county canvassing board shall determine a time and a place or places at which
the recount will be conducted. This time shall be less than ((five)) three
business days after the day upon which: The application was filed with the
board; the request for a recount or directive ordering a recount was received
by the board from the secretary of state; or the returns are certified which
indicate that a recount is required under RCW 29.64.015 for an issue or office
voted upon only within the county. Not less than two days before the date
of the recount, the county auditor shall mail a notice of the time and
place of the recount to the applicant or affected parties and, if the recount
involves an office, to any person for whom votes were cast for that office. ((The
notice shall be mailed by certified mail not less than two days before the date
of the recount.)) The county auditor shall also notify the affected
parties by either telephone, fax, e‑mail, or other electronic means at
the time of mailing. At least three attempts must be made over a two-day
period to notify the affected parties or until the affected parties have
received the notification. Each attempt to notify affected parties must
request a return response indicating that the notice has been received.
Each person entitled to receive notice of the recount may attend, witness the
recount, and be accompanied by counsel.
Proceedings
of the canvassing board are public under chapter 42.30 RCW. Subject to
reasonable and equitable guidelines adopted by the canvassing board, all
interested persons may attend and witness a recount.
Sec.
6. RCW
29.64.030 and 1991 c 81 s 37 are each amended to read as follows:
(1)
At the time and place established for a recount, the canvassing board or its
duly authorized representatives, in the presence of all witnesses who may be in
attendance, shall open the sealed containers containing the ballots to be
recounted, and shall recount the votes for the offices or issues for which the
recount has been ordered. Ballots shall be handled only by the members of the
canvassing board or their duly authorized representatives.
Witnesses
shall be permitted to observe the ballots and the process of tabulating the
votes, but they shall not be permitted to handle the ballots. The canvassing
board shall not permit the tabulation of votes for any nomination, election, or
issue other than the ones for which a recount was applied for or required.
((At
the time and place established for a recanvass of the votes cast on voting
devices that do not provide an individual record of the choices of each voter,
the canvassing board or its duly authorized representatives, in the presence of
all witnesses who may be in attendance, shall open the voting devices to be
rechecked, and shall verify the votes cast for the offices and issues for which
the recount was ordered. Witnesses shall be permitted to watch the recheck of
the voting devices. The canvassing board shall not permit the rechecking of
votes for any nomination, election, or issue other than the ones for which a
recount was applied for or required.))
(2)
At any time before the ballots from all of the precincts listed in the
application for the recount have been recounted, the applicant may file with
the board a written request to stop the recount.
((If
the canvassing board finds that the results of the votes in the precincts
recounted, if substituted for the results of the votes in those precincts as
shown in the certified abstract of the votes would not change the result for
that office or issue, it shall not recount the ballots of the precincts listed
in the application for recount which have not been recounted before the request
to stop the recount. The canvassing board shall attach a copy of the request
to stop the recount to the partial returns of the recount.))
(3)
The recount may be observed by persons representing the candidates affected by
the recount or the persons representing both sides of an issue that is being
recounted. The observers may not make a record of the names, addresses, or
other information on the ballots, poll books, or applications for absentee
ballots unless authorized by the superior court. The secretary of state or
county auditor may limit the number of observers to not less than two on each
side if, in his or her opinion, a greater number would cause undue delay or
disruption of the recount process.
NEW
SECTION. Sec. 7. A
new section is added to chapter 29.64 RCW to read as follows:
When
a partial recount of votes cast for an office or issue changes the result of
the election, the canvassing board or the secretary of state, if the office or
issue is being recounted at his or her direction, shall order a complete
recount of all ballots cast for the office or issue for the jurisdiction in
question.
This
recount will be conducted in a manner consistent with RCW 29.64.015.
Sec.
8. RCW
29.64.040 and 1990 c 59 s 66 are each amended to read as follows:
Upon
completion of the canvass of a recount, the canvassing board shall
prepare and certify an amended abstract showing the votes cast in each precinct
for which the recount was conducted. Copies of the amended abstracts ((shall))
must be transmitted to the same officers who received the abstract on
which the recount was based.
If
the nomination, election, or issue for which the recount was conducted was
submitted only to the voters of a county, the canvassing board shall file the
amended abstract with the original results of that election or primary.
If
the nomination, election, or issue for which a recount was conducted was
submitted to the voters of more than one county, the secretary of state shall
canvass the amended abstracts and shall file an amended abstract with the
original results of that election. An amended abstract certified under this
section supersedes any prior abstract of the results for the same offices or
issues at the same primary or election.
Sec.
9. RCW
29.64.051 and 1991 c 90 s 3 are each amended to read as follows:
After ((being counted)) the original count, canvass, and
certification of results, the votes cast in any single precinct may not be
recounted and the results recertified more than twice.
Sec.
10. RCW
29.64.060 and 1990 c 59 s 68 are each amended to read as follows:
The
canvassing board shall determine the expenses for conducting a recount of
votes ((shall be fixed by the canvassing board)).
The
cost of the recount shall be deducted from the amount deposited by the
applicant for the recount at the time of filing the request for the recount,
and the balance shall be returned to the applicant. If the costs of the
recount exceed the deposit, the applicant shall pay the difference. No charges
may be deducted by the canvassing board from the deposit for a recount if the
recount changes the result of the nomination or election for which the recount
was ordered.
Sec.
11. RCW
29.64.080 and 1973 c 82 s 1 are each amended to read as follows:
When
the official canvass of returns of any election reveals that the difference in
the number of votes cast for the approval of a statewide measure and the number
of votes cast for the rejection of such measure is ((not more)) less
than two thousand votes and also less than one-half of one percent of the
total number of votes cast on such measure, the secretary of state shall direct
that a recount of all votes cast on such measure be made on such measure, in
the manner provided by RCW 29.64.030 and 29.64.040, and the cost of such
recount ((shall)) will be at state expense.
