| Passed by the Senate April 22, 2003 YEAS 47 BRAD OWEN ________________________________________ President of the Senate Passed by the House April 16, 2003 YEAS 97 FRANK CHOPP ________________________________________ Speaker of the House of Representatives | I, Milton H. Doumit, Jr., Secretary of the Senate of the State of Washington, do hereby certify that the attached is SUBSTITUTE SENATE BILL 5221 as passed by the Senate and the House of Representatives on the dates hereon set forth. MILTON H. DOUMIT JR. ________________________________________ Secretary | |
| Approved May 7, 2003. GARY LOCKE ________________________________________ Governor of the State of Washington | May 7, 2003 - 2:25 p.m. Secretary of State State of Washington |
| State of Washington | 58th Legislature | 2003 Regular Session |
READ FIRST TIME 03/04/03.
AN ACT Relating to reorganization of statutes on elections; amending RCW 29.01.006, 29.01.008, 29.01.043, 29.01.045, 29.01.055, 29.01.090, 29.01.110, 29.01.120, 29.01.137, 29.01.140, 29.01.170, 29.01.180, 29.04.001, 29.04.010, 29.04.020, 29.57.140, 29.04.070, 29.04.060, 29.04.085, 29.04.088, 29.04.230, 29.13.070, 29.13.010, 29.13.020, 29.13.045, 29.13.048, 29.60.010, 29.60.040, 29.60.050, 29.98.020, 29.04.080, 29.19.070, 29.60.020, 29.07.005, 29.04.095, 29.08.010, 29.07.010, 29.07.110, 29.07.220, 29.10.081, 29.07.092, 29.07.152, 29.07.030, 29.07.070, 29.07.080, 29.07.090, 29.08.080, 29.07.025, 29.07.260, 29.07.270, 29.10.020, 29.10.040, 29.10.051, 29.10.090, 29.10.100, 29.10.185, 29.10.220, 29.10.230, 29.04.250, 29.07.130, 29.04.100, 29.04.110, 29.04.120, 29.04.160, 29.10.127, 29.10.150, 29.33.081, 29.33.330, 29.33.350, 29.04.200, 29.57.010, 29.57.090, 29.57.160, 29.04.040, 29.04.050, 29.48.005, 29.27.090, 29.15.025, 29.13.050, 29.04.170, 29.24.010, 29.24.040, 29.24.070, 29.15.010, 29.15.090, 29.15.030, 29.15.060, 29.15.220, 29.15.190, 29.04.180, 29.18.150, 29.18.160, 29.68.080, 29.68.100, 29.68.130, 29.04.035, 29.27.076, 29.81.310, 29.81A.010, 29.81A.020, 29.81A.040, 29.30.005, 29.30.081, 29.36.220, 29.36.250, 29.36.260, 29.36.360, 29.51.125, 29.51.185, 29.48.035, 29.51.050, 29.51.060, 29.51.100, 29.51.200, 29.54.018, 29.54.010, 29.54.015, 29.45.010, 29.45.020, 29.45.030, 29.45.050, 29.45.070, 29.45.120, 29.38.040, 29.38.060, 29.21.410, 29.27.030, 29.27.080, 29.27.100, 29.27.110, 29.19.010, 29.82.010, 29.82.021, 29.82.025, 29.82.030, 29.82.040, 29.82.080, 29.82.110, 29.82.120, 29.82.140, 29.71.010, 29.71.030, 29.71.040, 29.71.050, 29.74.010, 29.74.030, 29.74.060, 29.74.070, 29.74.100, 29.74.110, 29.74.130, 29.13.040, 29.54.075, 29.54.085, 29.62.030, 29.62.020, 29.54.025, 29.62.040, 29.62.050, 29.62.080, 29.62.090, 29.62.100, 29.62.120, 29.62.130, 29.64.010, 29.64.090, 29.65.010, 29.65.020, 29.65.040, 29.65.060, 29.65.080, 29.65.090, 29.65.100, 29.79.010, 29.79.015, 29.79.020, 29.79.030, 29.79.080, 29.79.090, 29.79.100, 29.79.110, 29.79.115, 29.79.120, 29.79.150, 29.79.160, 29.79.170, 29.79.230, 29.79.300, 29.10.060, 29.04.140, 29.42.010, 29.42.020, 29.42.030, 29.42.050, 29.42.070, 29.85.245, 29.82.210, 29.38.070, 29.79.480, 29.82.220, 29.79.440, 29.82.170, 29.79.490, 29.15.110, 29.15.100, 29.51.030, 29.85.110, 29.85.260, 29.85.240, 29.51.230, 29.51.215, 29.36.370, 29.85.100, 29.91.020, 29.91.060, and 43.07.310; reenacting RCW 29.01.005, 29.01.042, 29.01.047, 29.01.050, 29.01.060, 29.01.065, 29.01.068, 29.01.070, 29.01.080, 29.01.100, 29.01.113, 29.01.117, 29.01.119, 29.01.130, 29.01.135, 29.01.136, 29.01.155, 29.01.160, 29.01.200, 29.04.025, 29.04.091, 29.13.047, 29.60.030, 29.60.060, 29.60.070, 29.60.080, 29.60.090, 29.98.010, 29.98.030, 29.10.011, 29.08.060, 29.08.030, 29.07.160, 29.07.230, 29.07.140, 29.08.040, 29.07.430, 29.07.440, 29.10.170, 29.10.097, 29.10.110, 29.10.180, 29.10.015, 29.10.071, 29.10.075, 29.10.200, 29.10.210, 29.04.150, 29.04.240, 29.10.125, 29.10.130, 29.10.140, 29.33.020, 29.33.041, 29.33.051, 29.33.061, 29.33.130, 29.33.145, 29.33.300, 29.33.310, 29.33.320, 29.33.340, 29.33.360, 29.04.055, 29.48.007, 29.57.040, 29.57.070, 29.57.100, 29.57.050, 29.57.150, 29.24.020, 29.24.025, 29.24.030, 29.24.035, 29.24.045, 29.24.055, 29.24.060, 29.15.130, 29.15.140, 29.15.044, 29.15.020, 29.15.040, 29.15.050, 29.15.070, 29.15.125, 29.15.120, 29.15.160, 29.15.210, 29.15.170, 29.15.180, 29.15.200, 29.15.230, 29.04.190, 29.68.070, 29.81.210, 29.81.220, 29.81.230, 29.81.240, 29.81.250, 29.81.260, 29.81.280, 29.81.290, 29.81.300, 29.81A.030, 29.81A.050, 29.81A.060, 29.81A.070, 29.81A.080, 29.27.020, 29.27.057, 29.27.061, 29.27.065, 29.27.0653, 29.27.0655, 29.27.066, 29.27.0665, 29.27.067, 29.30.010, 29.30.020, 29.30.025, 29.30.040, 29.30.060, 29.30.085, 29.30.086, 29.30.095, 29.30.101, 29.30.111, 29.30.130, 29.36.210, 29.36.230, 29.36.240, 29.36.270, 29.36.280, 29.36.290, 29.36.300, 29.36.310, 29.36.320, 29.36.340, 29.36.350, 29.51.010, 29.51.180, 29.51.190, 29.54.037, 29.48.010, 29.13.080, 29.51.240, 29.48.030, 29.07.170, 29.57.130, 29.48.020, 29.48.070, 29.48.090, 29.48.100, 29.51.150, 29.51.070, 29.51.250, 29.07.180, 29.48.080, 29.48.045, 29.54.093, 29.51.115, 29.51.155, 29.45.040, 29.45.060, 29.45.065, 29.45.080, 29.45.090, 29.45.100, 29.45.110, 29.38.010, 29.38.020, 29.38.030, 29.38.050, 29.15.150, 29.18.010, 29.18.120, 29.18.200, 29.21.010, 29.21.015, 29.21.070, 29.27.050, 29.27.072, 29.27.074, 29.19.020, 29.19.030, 29.19.045, 29.19.055, 29.19.080, 29.82.015, 29.82.023, 29.82.060, 29.82.090, 29.82.100, 29.82.105, 29.82.130, 29.82.160, 29.71.020, 29.27.140, 29.74.020, 29.74.040, 29.74.050, 29.74.080, 29.74.120, 29.74.140, 29.74.150, 29.62.180, 29.54.042, 29.54.050, 29.54.060, 29.54.097, 29.54.105, 29.54.121, 29.54.170, 29.51.175, 29.27.120, 29.36.330, 29.64.015, 29.64.020, 29.64.030, 29.64.035, 29.64.040, 29.64.051, 29.64.060, 29.64.080, 29.04.030, 29.65.050, 29.65.055, 29.65.070, 29.65.120, 29.79.035, 29.79.040, 29.79.050, 29.79.060, 29.79.070, 29.79.140, 29.79.180, 29.79.190, 29.79.200, 29.79.210, 29.79.270, 29.79.280, 29.79.290, 29.70.100, 29.15.026, 29.42.040, 29.85.275, 29.07.400, 29.07.405, 29.07.410, 29.85.249, 29.15.080, 29.79.500, 29.85.040, 29.85.020, 29.51.020, 29.51.221, 29.85.010, 29.85.051, 29.85.060, 29.85.070, 29.85.090, 29.85.210, 29.85.220, 29.85.170, 29.85.225, 29.85.230, 29.91.010, 29.91.030, 29.91.040, 29.91.050, 29.13.023, and 29.13.024; adding new sections to chapter 35.22 RCW; adding a new title to the Revised Code of Washington to be codified as Title 29A RCW; creating new sections; recodifying RCW 29.01.005, 29.01.006, 29.01.008, 29.01.042, 29.01.043, 29.01.045, 29.01.047, 29.01.050, 29.01.055, 29.01.060, 29.01.065, 29.01.068, 29.01.070, 29.01.080, 29.01.090, 29.01.100, 29.01.110, 29.01.113, 29.01.117, 29.01.119, 29.01.120, 29.01.130, 29.01.135, 29.01.136, 29.01.137, 29.01.140, 29.01.155, 29.01.160, 29.01.170, 29.01.180, 29.01.200, 29.04.001, 29.04.010, 29.04.020, 29.57.140, 29.04.025, 29.04.070, 29.04.060, 29.04.085, 29.04.088, 29.04.091, 29.04.230, 29.13.070, 29.13.010, 29.13.020, 29.13.045, 29.13.047, 29.13.048, 29.60.010, 29.60.030, 29.60.040, 29.60.050, 29.60.060, 29.60.070, 29.60.080, 29.60.090, 29.98.010, 29.98.020, 29.98.030, 29.04.080, 29.19.070, 29.60.020, 29.07.005, 29.04.095, 29.10.011, 29.08.010, 29.07.010, 29.08.060, 29.07.110, 29.08.030, 29.07.220, 29.10.081, 29.07.092, 29.07.160, 29.07.152, 29.07.030, 29.07.230, 29.07.070, 29.07.140, 29.07.080, 29.07.090, 29.08.080, 29.08.040, 29.07.025, 29.07.430, 29.07.440, 29.07.260, 29.07.270, 29.10.020, 29.10.040, 29.10.170, 29.10.051, 29.10.090, 29.10.097, 29.10.100, 29.10.110, 29.10.180, 29.10.185, 29.10.015, 29.10.071, 29.10.220, 29.10.075, 29.10.200, 29.10.210, 29.10.230, 29.04.250, 29.07.130, 29.04.100, 29.04.110, 29.04.120, 29.04.150, 29.04.160, 29.04.240, 29.10.125, 29.10.127, 29.10.130, 29.10.140, 29.10.150, 29.33.020, 29.33.041, 29.33.051, 29.33.061, 29.33.081, 29.33.130, 29.33.145, 29.33.300, 29.33.310, 29.33.320, 29.33.330, 29.33.340, 29.33.350, 29.33.360, 29.04.200, 29.57.010, 29.57.090, 29.57.160, 29.04.040, 29.04.050, 29.04.055, 29.48.005, 29.48.007, 29.57.040, 29.57.070, 29.57.100, 29.57.050, 29.57.150, 29.27.090, 29.15.025, 29.13.050, 29.04.170, 29.24.010, 29.24.020, 29.24.025, 29.24.030, 29.24.035, 29.24.040, 29.24.045, 29.24.055, 29.24.060, 29.24.070, 29.15.130, 29.15.140, 29.15.010, 29.15.044, 29.15.020, 29.15.090, 29.15.030, 29.15.040, 29.15.050, 29.15.060, 29.15.070, 29.15.125, 29.15.120, 29.15.160, 29.15.210, 29.15.220, 29.15.170, 29.15.180, 29.15.190, 29.15.200, 29.15.230, 29.04.180, 29.04.190, 29.18.150, 29.18.160, 29.68.070, 29.68.080, 29.68.100, 29.68.130, 29.81.210, 29.04.035, 29.81.220, 29.81.230, 29.27.076, 29.81.240, 29.81.250, 29.81.260, 29.81.280, 29.81.290, 29.81.300, 29.81.310, 29.81A.010, 29.81A.020, 29.81A.030, 29.81A.040, 29.81A.050, 29.81A.060, 29.81A.070, 29.81A.080, 29.27.020, 29.27.057, 29.27.061, 29.27.065, 29.27.0653, 29.27.0655, 29.27.066, 29.27.0665, 29.27.067, 29.30.005, 29.30.010, 29.30.020, 29.30.025, 29.30.040, 29.30.060, 29.30.081, 29.30.085, 29.30.086, 29.30.095, 29.30.101, 29.30.111, 29.30.130, 29.36.210, 29.36.220, 29.36.230, 29.36.240, 29.36.250, 29.36.260, 29.36.270, 29.36.280, 29.36.290, 29.36.300, 29.36.310, 29.36.320, 29.36.340, 29.36.350, 29.36.360, 29.51.010, 29.51.125, 29.51.180, 29.51.190, 29.54.037, 29.48.010, 29.13.080, 29.51.240, 29.51.185, 29.48.030, 29.07.170, 29.48.035, 29.57.130, 29.48.020, 29.48.070, 29.48.090, 29.48.100, 29.51.150, 29.51.050, 29.51.060, 29.51.100, 29.51.070, 29.51.200, 29.54.018, 29.51.250, 29.54.010, 29.54.015, 29.07.180, 29.48.080, 29.48.045, 29.54.093, 29.51.115, 29.51.155, 29.45.010, 29.45.020, 29.45.030, 29.45.040, 29.45.050, 29.45.060, 29.45.065, 29.45.070, 29.45.080, 29.45.090, 29.45.100, 29.45.110, 29.45.120, 29.38.010, 29.38.020, 29.38.030, 29.38.040, 29.38.050, 29.38.060, 29.15.150, 29.18.010, 29.18.120, 29.18.200, 29.21.010, 29.21.015, 29.21.070, 29.21.410, 29.27.030, 29.27.050, 29.27.072, 29.27.074, 29.27.080, 29.27.100, 29.27.110, 29.19.010, 29.19.020, 29.19.030, 29.19.045, 29.19.055, 29.19.080, 29.82.010, 29.82.015, 29.82.021, 29.82.023, 29.82.025, 29.82.030, 29.82.040, 29.82.060, 29.82.080, 29.82.090, 29.82.100, 29.82.105, 29.82.110, 29.82.120, 29.82.130, 29.82.140, 29.82.160, 29.71.010, 29.71.020, 29.71.030, 29.71.040, 29.71.050, 29.27.140, 29.74.010, 29.74.020, 29.74.030, 29.74.040, 29.74.050, 29.74.060, 29.74.070, 29.74.080, 29.74.100, 29.74.110, 29.74.120, 29.74.130, 29.74.140, 29.74.150, 29.13.040, 29.62.180, 29.54.042, 29.54.050, 29.54.060, 29.54.097, 29.54.105, 29.54.121, 29.54.170, 29.51.175, 29.54.075, 29.54.085, 29.27.120, 29.62.030, 29.62.020, 29.54.025, 29.36.330, 29.62.040, 29.62.050, 29.62.080, 29.62.090, 29.62.100, 29.62.120, 29.62.130, 29.64.010, 29.64.015, 29.64.020, 29.64.030, 29.64.035, 29.64.040, 29.64.051, 29.64.060, 29.64.080, 29.64.090, 29.04.030, 29.65.010, 29.65.020, 29.65.040, 29.65.050, 29.65.055, 29.65.060, 29.65.070, 29.65.080, 29.65.090, 29.65.100, 29.65.120, 29.79.010, 29.79.015, 29.79.020, 29.79.030, 29.79.035, 29.79.040, 29.79.050, 29.79.060, 29.79.070, 29.79.080, 29.79.090, 29.79.100, 29.79.110, 29.79.115, 29.79.120, 29.79.140, 29.79.150, 29.79.160, 29.79.170, 29.79.180, 29.79.190, 29.79.200, 29.79.210, 29.79.230, 29.79.270, 29.79.280, 29.79.290, 29.79.300, 29.70.100, 29.15.026, 29.10.060, 29.04.140, 29.42.010, 29.42.020, 29.42.030, 29.42.040, 29.42.050, 29.42.070, 29.85.245, 29.82.210, 29.38.070, 29.85.275, 29.07.400, 29.07.405, 29.07.410, 29.85.249, 29.79.480, 29.82.220, 29.79.440, 29.82.170, 29.79.490, 29.15.080, 29.15.110, 29.79.500, 29.15.100, 29.85.040, 29.85.020, 29.51.020, 29.51.030, 29.51.221, 29.85.010, 29.85.110, 29.85.260, 29.85.051, 29.85.060, 29.85.070, 29.85.090, 29.85.210, 29.85.220, 29.85.240, 29.51.230, 29.51.215, 29.36.370, 29.85.100, 29.85.170, 29.85.225, 29.85.230, 29.91.010, 29.91.020, 29.91.030, 29.91.040, 29.91.050, 29.91.060, 29.13.023, and 29.13.024; repealing RCW 9.81.100, 29.01.010, 29.01.020, 29.01.030, 29.01.040, 29.01.087, 29.01.150, 29.04.210, 29.04.235, 29.07.100, 29.07.115, 29.07.120, 29.07.240, 29.07.280, 29.07.290, 29.07.300, 29.07.310, 29.07.320, 29.07.420, 29.07.450, 29.08.020, 29.08.050, 29.08.070, 29.08.090, 29.08.900, 29.13.021, 29.13.060, 29.15.046, 29.15.240, 29.15.800, 29.19.900, 29.36.900, 29.51.173, 29.57.170, 29.62.010, 29.62.015, 29.64.070, 29.64.900, 29.68.015, 29.68.016, 29.68.120, 29.74.090, 29.79.250, 29.81.270, 29.81.320, 29.81A.900, 29.81A.901, 29.91.900, 29.91.901, 29.98.050, and 43.01.015; prescribing penalties; providing an effective date; and providing an expiration date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 101 RCW 29.01.005 and 1965 c 9 s 29.01.005 are each
reenacted to read as follows:
Sec. 102 RCW 29.01.006 and 1994 c 57 s 2 are each amended to read
as follows:
(1) "Ballot" means, as the context implies, either:
(a) The issues and offices to be voted upon in a jurisdiction or
portion of a jurisdiction at a particular primary, general election, or
special election;
(b) A facsimile of the contents of a particular ballot whether
printed on a paper ballot or ballot card or as part of a voting machine
or voting device;
(c) A physical or electronic record of the choices of an individual
voter in a particular primary, general election, or special election;
or
(d) The physical document on which the voter's choices are to be
recorded;
(2) "Paper ballot" means a piece of paper on which the ballot for
a particular election or primary has been printed, on which a voter may
record his or her choices for any candidate or for or against any
measure, and that is to be tabulated manually;
(3) "Ballot card" means any type of card or piece of paper of any
size on which a voter may record his or her choices for any candidate
and for or against any measure and that is to be tabulated on a vote
tallying system;
(4) "Sample ballot" means a printed facsimile of all the issues and
offices on the ballot in a jurisdiction and is intended to give voters
notice of the issues, offices, and candidates that are to be voted on
at a particular primary, general election, or special election;
(5) "((Special)) Provisional ballot" means a ballot issued to a
voter at the polling place on election day by the precinct election
board, for one of the following reasons:
(a) The voter's name does not appear in the poll book;
(b) There is an indication in the poll book that the voter has
requested an absentee ballot, but the voter wishes to vote at the
polling place;
(c) There is a question on the part of the voter concerning the
issues or candidates on which the voter is qualified to vote.
Sec. 103 RCW 29.01.008 and 1990 c 59 s 3 are each amended to read
as follows:and prepare the certification for))
a primary or general election and includes the tabulation of any votes
((for that primary or election)) that were not tabulated at the
precinct or in a counting center on the day of the primary or election.
Sec. 104 RCW 29.01.042 and 1999 c 158 s 1 are each reenacted to
read as follows:
Sec. 105 RCW 29.01.043 and 1984 c 106 s 1 are each
amended to
read as follows:includes)) means the county
auditor in a noncharter county or the officer, irrespective of title,
having the overall responsibility to maintain voter registration and to
conduct state and local elections in a charter county.
Sec. 106 RCW 29.01.045 and 1987 c 346 s 3 are each amended to
read as follows:voting by)) mail ballot, "date of mailing" means the date of the
postal cancellation on the envelope in which the ballot is returned to
the election official by whom it was issued. For all ((other))
nonregistered absentee voters, "date of mailing" means the date stated
by the voter on the envelope in which the ballot is returned to the
election official by whom it was issued.
Sec. 107 RCW 29.01.047 and 1987 c 346 s 4 are each reenacted to
read as follows:
Sec. 108 RCW 29.01.050 and 1990 c 59 s 5 are each reenacted to
read as follows:
Sec. 109 RCW 29.01.055 and 1986 c 167 s 1 are each amended to
read as follows:groups)) a group of precincts in a
polling place.
Sec. 110 RCW 29.01.060 and 1965 c 9 s 29.01.060 are each
reenacted to read as follows:
Sec. 111 RCW 29.01.065 and 1987 c 346 s 2 are each reenacted to
read as follows:
Sec. 112 RCW 29.01.068 and 1990 c 59 s 77 are each reenacted to
read as follows:
Sec. 113 RCW 29.01.070 and 1965 c 9 s 29.01.070 are each
reenacted to read as follows:
Sec. 114 RCW 29.01.080 and 1992 c 7 s 31 are each reenacted to
read as follows:
Sec. 115 RCW 29.01.090 and 1977 ex.s. c 329 s 9 are each amended
to read as follows:: PROVIDED, That any)). A
political party qualifying as a major political party under ((the
previous subsection (2) or subsection (3) of this section prior to its
1977 amendment shall)) this section retains such status until ((after
the next state general election following June 30, 1977)) the next
even-year election at which a candidate of that party does not achieve
at least five percent of the vote for one of the previously specified
offices. If none of these offices appear on the ballot in an even-year
general election, the major party retains its status as a major party
through that election.
Sec. 116 RCW 29.01.100 and 1965 c 9 s 29.01.100 are each
reenacted to read as follows:
Sec. 117 RCW 29.01.110 and 1965 c 9 s 29.01.110 are each amended
to read as follows:of any specific constituency)).
Sec. 118 RCW 29.01.113 and 1987 c 346 s 5 are each reenacted to
read as follows:
Sec. 119 RCW 29.01.117 and 1987 c 346 s 6 are each reenacted to
read as follows:
Sec. 120 RCW 29.01.119 and 1999 c 158 s 2 are each reenacted to
read as follows:
Sec. 121 RCW 29.01.120 and 1965 c 9 s 29.01.120 are each amended
to read as follows:within or without the limits of a city or town, whether))
that
is established by ((a board of county commissioners, by a city
council, or by the board of supervisors of a township)) a county
legislative authority.
Sec. 122 RCW 29.01.130 and 1965 c 9 s 29.01.130 are each
reenacted to read as follows:
Sec. 123 RCW 29.01.135 and 1979 ex.s. c 126 s 2 are each
reenacted to read as follows:
(1) The results have been certified;
(2) A certificate has been issued;
(3) Any required bond has been posted; and
(4) The winner has taken and subscribed an oath or affirmation in
compliance with the appropriate statute, or if none is specified, that
he or she will faithfully and impartially discharge the duties of the
office to the best of his or her ability. This oath or affirmation
shall be administered and certified by any officer or notary public
authorized to administer oaths, without charge therefor.
Sec. 124 RCW 29.01.136 and 2001 c 225 s 1 are each reenacted to
read as follows:
Sec. 125 RCW 29.01.137 and 1987 c 346 s 7 are each amended to
read as follows:possesses all of the statutory qualifications to vote under chapters
29.07 and 29.10 RCW)) has completed the statutory registration
procedures established by this title. The terms "registered voter" and
"qualified elector" are synonymous.
Sec. 126 RCW 29.01.140 and
1971 ex.s. c 178 s 1 are each amended
to read as follows:: PROVIDED, That)). However, no
person gains residence by reason of his or her presence or loses his or
her residence by reason of his or her absence:
(1) While employed in the civil or military service of the state or
of the United States;
(2) While engaged in the navigation of the waters of this state or
the United States or the high seas;
(3) While a student at any institution of learning;
(4) While confined in any public prison.
Absence from the state on business shall not affect the question of
residence of any person unless the right to vote has been claimed or
exercised elsewhere.
Sec. 127 RCW 29.01.155 and 1991 c 23 s 13 are each reenacted to
read as follows:
Sec. 128 RCW 29.01.160 and 1965 c 9 s 29.01.160 are each
reenacted to read as follows:
Sec. 129 RCW 29.01.170 and 1965 c 9 s 29.01.170 are each amended
to read as follows:
Sec. 130 RCW 29.01.180 and 1975-'76 2nd ex.s. c 120 s 14 are each
amended to read as follows:on the second Tuesday of the next
January immediately following the election)) and is applicable only
when the office concerned is being held by an appointee to fill a
vacancy ((which)). The vacancy must have occurred after the last
election((,)) at which such office could have been voted upon for an
unexpired term((, prior to the election for such office for the
subsequent full term)). Short term elections are always held in
conjunction with elections for the full term for the office.
Sec. 131 RCW 29.01.200 and 1990 c 59 s 6 are each reenacted to
read as follows:
(2) "Voting device" means a piece of equipment used for the purpose
of or to facilitate the marking of a ballot to be tabulated by a vote
tallying system or a piece of mechanical or electronic equipment used
to directly record votes and to accumulate results for a number of
issues or offices from a series of voters; and
(3) "Vote tallying system" means a piece of mechanical or
electronic equipment and associated data processing software used to
tabulate votes cast on ballot cards or otherwise recorded on a voting
device or to prepare that system to tabulate ballot cards or count
votes.
Sec. 132 RCW 29.04.001 and 2001 c 41 s 1 are each amended to read
as follows:, and the requirements of
chapter 41, Laws of 2001,)) must be administered without discrimination
based upon race, creed, color, national origin, sex, or political
affiliation.
Sec. 133 RCW 29.04.010 and 1965 c 9 s 29.04.010 are each amended
to read as follows:
(1) At any election held for the purpose of electing persons to
public office;
(2) At any recall election of a public officer;
(3) At any election held for the submission of a measure to any
voting constituency;
(4) At any primary election.
((The provisions of)) This section ((shall)) does not apply to
((township)) elections where being registered to vote is not a
prerequisite to voting.
Sec. 134 RCW 29.04.020 and 1987 c 295 s 1 are each amended to
read as follows:;)) and to
provide for their compensation; to provide ((ballot boxes and ballots
or voting machines, poll books, or precinct lists of registered voters,
and tally sheets, and deliver them)) the supplies and materials
necessary for the conduct of elections to the precinct election
officers ((at the polling places)); and to publish and post notices of
calling such primaries and elections in the manner provided by law((:
PROVIDED, That)). The notice of a general election held in an even-
numbered year ((shall)) must indicate that the office of precinct
committee officer will be on the ballot((; and to)). The auditor shall
also apportion to each city, town, or district, and to the state of
Washington in the odd-numbered year, its share of the expense of such
primaries and elections((: PROVIDED, That)). This section ((shall))
does not apply to general or special elections for any city, town, or
district ((which)) that is not subject to RCW 29.13.010 and 29.13.020,
but all such elections ((shall)) must be held and conducted at the
time, in the manner, and by the officials (with such notice,
requirements for filing for office, and certifications by local
officers) as provided and required by the laws governing such
elections.
Sec. 135 RCW 29.57.140 and 1999 c 298 s 18 are each amended to
read as follows:handicapped))
disabled persons, and procedures for voting by absentee ballot
calculated to reach elderly and ((handicapped)) disabled persons not
later than public notice of the closing of registration for a primary
or election.
Sec. 136 RCW 29.04.025 and 1983 c 294 s 2 are each reenacted to
read as follows:
Sec. 137 RCW 29.04.070 and 1994 c 57 s 4 are each amended to read
as follows:and it shall be his or her duty to)) that are subject to this title.
The secretary of state shall keep records of ((such)) elections held
((in
the state and to)) for which he or she is required by law to
canvass the results, make such records available to the public upon
request, and ((to)) coordinate those state election activities required
by federal law.
Sec. 138 RCW 29.04.060 and 1965 c 9 s 29.04.060 are each amended
to read as follows:In every
year in which state and county officers are to be elected, the
secretary of state shall cause the election laws of the state then in
force to be published in pamphlet form and distributed through the
county auditors at least twenty days prior to the primary next
preceding the election in sufficient number to place a copy thereof in
the hands of all officers of elections.)) The secretary of state shall
ensure that each county auditor is provided with the most recent
version of the election laws of the state, as contained in this title.
Where amendments have been enacted after the last compilation of the
election laws, he or she shall ensure that each county auditor receives
a copy of those amendments before the next primary or election. The
county auditor shall ensure that any statutory information necessary
for the precinct election officers to perform their duties is supplied
to them in a timely manner.
Sec. 139 RCW 29.04.085 and 2001 c 41 s 3 are each amended to read
as follows:This information must
be available no later than January 1, 2002.))
Sec. 140 RCW 29.04.088 and 2001 c 41 s 4 are each amended to read
as follows:, no later than January 1, 2002)).
Sec. 141 RCW 29.04.091
and 2001 c 41 s 5 are each reenacted to
read as follows:
Sec. 142 RCW 29.04.230 and 1991 c 186 s 1 are each amended to
read as follows:
(1) Declarations ((and affidavits)) of candidacy;
(2) County canvass reports;
(3) ((Candidates')) Voters' pamphlet statements;
(4) Arguments for and against ballot measures that will appear in
a voters' pamphlet;
(5) Requests for recounts;
(6) Certification of candidates and measures by the secretary of
state;
(7) Direction by the secretary of state for the conduct of a
mandatory recount;
(8) Requests for absentee ballots;
(9) Any other election related document authorized by rule adopted
by the secretary of state under RCW 29.04.235.
The acceptance by the secretary of state or the county auditor is
conditional upon the document being filed in a timely manner, being
legible, and otherwise satisfying the requirements of state law or
rules with respect to form and content.
If the original copy of a document must be signed and a copy of the
document is filed by facsimile transmission under this section, the
original copy ((shall)) must be subsequently filed with the official
with whom the facsimile was filed. The original copy ((shall)) must be
filed by a deadline established by the secretary by rule. The
secretary may by rule require that the original of any document, a copy
of which is filed by facsimile transmission under this section, also be
filed by a deadline established by the secretary by rule.
Sec. 143 RCW 29.13.070 and 1977 ex.s. c 361 s 29 are each amended
to read as follows:shall)) must be held ((at the regular polling places in
each precinct)) on the third Tuesday of the preceding September or on
the seventh Tuesday immediately preceding such general election,
whichever occurs first.
Sec. 144 RCW 29.13.010 and 1994 c 142 s 1 are each amended to
read as follows:: PROVIDED, That)). However,
the statewide general election held in odd-numbered years shall be
limited to (a) city, town, and district general elections as provided
for in RCW 29.13.020, or as otherwise provided by law; (b) the election
of federal officers for the remainder of any unexpired terms in the
membership of either branch of the Congress of the United States; (c)
the election of state and county officers for the remainder of any
unexpired terms of offices created by or whose duties are described in
Article II, section 15, Article III, sections 16, 17, 19, 20, 21, 22,
and 23, and Article IV, sections 3 and 5 of the state Constitution and
RCW 2.06.080; (d) the election of county officers in any county
governed by a charter containing provisions calling for general county
elections at this time; and (e) the approval or rejection of state
measures, including proposed constitutional amendments, matters
pertaining to any proposed constitutional convention, initiative
measures and referendum measures proposed by the electorate, referendum
bills, and any other matter provided by the legislature for submission
to the electorate.
(2) A county legislative authority may, if it deems an emergency to
exist, call a special county election by presenting a resolution to the
county auditor at least forty-five days prior to the proposed election
date. Except as provided in subsection (4) of this section, a special
election called by the county legislative authority shall be held on
one of the following dates as decided by such governing body:
(a) The first Tuesday after the first Monday in February;
(b) The second Tuesday in March;
(c) The fourth Tuesday in April;
(d) The third Tuesday in May;
(e) The day of the primary as specified by RCW 29.13.070; or
(f) The first Tuesday after the first Monday in November.
(3) In addition to the dates set forth in subsection (2)(a) through
(f) of this section, a special election to validate an excess levy or
bond issue may be called at any time to meet the needs resulting from
fire, flood, earthquake, or other act of God. Such county special
election shall be noticed and conducted in the manner provided by law.
(4) In a presidential election year, if a presidential preference
primary is conducted in February, March, April, or May under chapter
29.19 RCW, the date on which a special election may be called by the
county legislative authority under subsection (2) of this section
during the month of that primary is the date of the presidential
primary.
(5) This section shall supersede the provisions of any and all
other statutes, whether general or special in nature, having different
dates for such city, town, and district elections, the purpose of this
section being to establish mandatory dates for holding elections except
for those elections held pursuant to a home-rule charter adopted under
Article XI, section 4 of the state Constitution. This section shall
not be construed as fixing the time for holding primary elections, or
elections for the recall of any elective public officer.
Sec. 145 RCW 29.13.020 and 2002 c 43 s 2 are each amended to read
as follows:
EXCEPTIONS.
This section shall not apply to:
(a) Elections for the recall of any elective public officer;
(b) Public utility districts, conservation districts, or district
elections at which the ownership of property within those districts is
a prerequisite to voting, all of which elections shall be held at the
times prescribed in the laws specifically applicable thereto;
(c) Consolidation proposals as provided for in RCW ((28A.315.280))
28A.315.265 and nonhigh capital fund aid proposals as provided for in
chapter 28A.540 RCW.
(2) The county auditor, as ex officio supervisor of elections, upon
request in the form of a resolution of the governing body of a city,
town, or district, presented to the auditor at least forty-five days
prior to the proposed election date, may, if the county auditor deems
an emergency to exist, call a special election in such city, town, or
district, and for the purpose of such special election he or she may
combine, unite, or divide precincts. Except as provided in subsection
(3) of this section, such a special election shall be held on one of
the following dates as decided by the governing body:
(a) The first Tuesday after the first Monday in February;
(b) The second Tuesday in March;
(c) The fourth Tuesday in April;
(d) The third Tuesday in May;
(e) The day of the primary election as specified by RCW 29.13.070;
or
(f) The first Tuesday after the first Monday in November.
(3) In a presidential election year, if a presidential preference
primary is conducted in February, March, April, or May under chapter
29.19 RCW, the date on which a special election may be called under
subsection (2) of this section during the month of that primary is the
date of the presidential primary.
(4) In addition to subsection (2)(a) through (f) of this section,
a special election to validate an excess levy or bond issue may be
called at any time to meet the needs resulting from fire, flood,
earthquake, or other act of God, except that no special election may be
held between the first day for candidates to file for public office and
the last day to certify the returns of the general election other than
as provided in subsection (2)(e) and (f) of this section. Such special
election shall be conducted and notice thereof given in the manner
provided by law.
(5) This section shall supersede the provisions of any and all
other statutes, whether general or special in nature, having different
dates for such city, town, and district elections, the purpose of this
section being to establish mandatory dates for holding elections.
Sec. 146 RCW 29.13.045 and 1965 c 123 s 5 are each amended to
read as follows:shall be)) is liable for its proportionate share of the
costs when such elections are held in conjunction with other elections
held under RCW 29.13.010 and 29.13.020.
Whenever any city, town, or district ((shall)) holds any primary or
election, general or special, on an isolated date, all costs of such
elections ((shall)) must be borne by the city, town, or district
concerned.
The purpose of this section is to clearly establish that the county
is not responsible for any costs involved in the holding of any city,
town, or district election.
In recovering such election expenses, including a reasonable pro-ration of administrative costs, the county auditor shall certify the
cost to the county treasurer with a copy to the clerk or auditor of the
city, town, or district concerned. Upon receipt of such certification,
the county treasurer shall make the transfer from any available and
appropriate city, town, or district funds to the county current expense
fund or to the county election reserve fund if such a fund is
established. Each city, town, or district ((shall)) must be promptly
notified by the county treasurer whenever such transfer has been
completed((: PROVIDED, HOWEVER, That)). However, in those districts
wherein a treasurer, other than the county treasurer, has been
appointed such transfer procedure ((shall)) does not apply, but the
district shall promptly issue its warrant for payment of election
costs.
Sec. 147 RCW 29.13.047 and 1985 c 45 s 2 are each reenacted to
read as follows:
(2) Whenever a primary or vacancy election is held to fill a
vacancy in the position of United States senator or United States
representative under chapter 29.68 RCW, the state of Washington shall
assume a prorated share of the costs of that primary or vacancy
election.
(3) The county auditor shall apportion the state's share of these
expenses when prorating election costs under RCW 29.13.045 and shall
file such expense claims with the secretary of state.
(4) The secretary of state shall include in his or her biennial
budget requests sufficient funds to carry out this section.
Reimbursements for election costs shall be from appropriations
specifically provided by law for that purpose.
Sec. 148 RCW 29.13.048 and 1986 c 167 s 7 are each amended to
read as follows:under RCW
43.88.111)). The secretary of state shall promptly notify any county
that submits an incomplete or inaccurate voucher for reimbursement
under RCW 29.13.047.
Sec. 149 RCW 29.60.010 and 1992 c 163 s 3 are each amended to
read as follows:
(a) The secretary of state or the secretary's designee;
(b) The state director of elections or the director's designee;
(c) Four county auditors appointed by the Washington state
association of county auditors or their alternates who are county
auditors designated by the association to serve as such alternates,
each appointee and alternate to serve at the pleasure of the
association;
(d) One member from each of the two largest political party
caucuses of the house of representatives designated by and serving at
the pleasure of the legislative leader of the respective caucus;
(e) One member from each of the two largest political party
caucuses of the senate designated by and serving at the pleasure of the
legislative leader of the respective caucus; and
(f) One representative from each major political party, ((as
defined by RCW 29.01.090,)) designated by and serving at the pleasure
of the chair of the party's state central committee.
(2) The board shall elect a chair from among its number; however,
neither the secretary of state nor the state director of elections nor
their designees may serve as the chair of the board. A majority of the
members appointed to the board constitutes a quorum for conducting the
business of the board. Chapter 42.30 RCW, the Open Public Meetings
Act, and RCW 42.32.030 regarding minutes of meetings, apply to the
meetings of the board.
(3) Members of the board shall serve without compensation. The
secretary of state shall reimburse members of the board, other than
those who are members of the legislature, for travel expenses in
accordance with RCW 43.03.050 and 43.03.060. Members of the board who
are members of the legislature shall be reimbursed as provided in
chapter 44.04 RCW.
NEW SECTION. Sec. 150
Sec. 151 RCW 29.60.030 and 2001 c 41 s 11 are each reenacted to
read as follows:
(1) Establish and operate, or provide by contract, training and
certification programs for state and county elections administration
officials and personnel, including training on the various types of
election law violations and discrimination, and training programs for
political party observers which conform to the rules for such programs
established under RCW 29.60.020;
(2) Administer tests for state and county officials and personnel
who have received such training and issue certificates to those who
have successfully completed the training and passed such tests;
(3) Maintain a record of those individuals who have received such
training and certificates; and
(4) Provide the staffing and support services required by the board
created under RCW 29.60.010.
Sec. 152 RCW 29.60.040 and 1992 c 163 s 6 are each amended to
read as follows:or within eighteen months of July
1, 1993, whichever is later)), receive general training regarding the
conduct of elections and specific training regarding their
responsibilities and duties as prescribed by this title or by rules
adopted by the secretary of state under this title. Included among
those persons for whom such training is mandatory are the following:
(1) Secretary of state elections division personnel;
(2) County elections administrators under RCW 36.22.220;
(3) County canvassing board members;
(4) Persons officially designated by each major political party as
elections observers; and
(5) Any other person or group charged with election administration
responsibilities if the person or group is designated by rule adopted
by the secretary of state as requiring the training.
The secretary of state shall reimburse election observers in
accordance with RCW 43.03.050 and 43.03.060 for travel expenses
incurred to receive training required under subsection (4) of this
section.
Neither this section nor RCW 29.60.030 may be construed as
requiring an elected official to receive training or a certificate of
training as a condition for seeking or holding elective office or as a
condition for carrying out constitutional duties.
Sec. 153 RCW 29.60.050 and 1992 c 163 s 7 are each amended to
read as follows:shall))
must be entered in the manner specified for orders under the
Administrative Procedure Act, chapter 34.05 RCW. Such a decision
((shall)) is not ((be)) effective for a period of twenty days following
the date of the decision, during which time the person denied
certification may file a petition with the secretary of state
requesting the secretary to reconsider the decision and to grant
certification. The petitioner shall include((,)) in the petition, an
explanation of the reasons why the initial decision is incorrect and
certification should be granted, and may include a request for a
hearing on the matter. The secretary of state shall reconsider the
matter if the petition is filed in a proper and timely manner. If a
hearing is requested, the secretary of state shall conduct the hearing
within sixty days after the date on which the petition is filed. The
secretary of state shall render a final decision on the matter within
ninety days after the date on which the petition is filed.
(2) Within twenty days after the date on which the secretary of
state makes a final decision denying a petition under this section, the
petitioner may appeal the denial to the board created in RCW 29.60.010.
In deciding appeals, the board shall restrict its review to the record
established when the matter was before the secretary of state. The
board shall affirm the decision if it finds that the record supports
the decision and that the decision is not inconsistent with other
decisions of the secretary of state in which the same standards were
applied and certification was granted. Similarly, the board shall
reverse the decision and recommend to the secretary of state that
certification be granted if the board finds that such support is
lacking or that such inconsistency exists.
(3) Judicial review of certification decisions ((shall)) will be as
prescribed under RCW 34.05.510 through 34.05.598, but ((shall be)) is
limited to the review of board decisions denying certification.
Sec. 154 RCW 29.60.060 and 1992 c 163 s 8 are each reenacted to
read as follows:
Sec. 155 RCW 29.60.070 and 1997 c 284 s 1 are each reenacted to
read as follows:
(i) If the unofficial returns of a primary or general election for
a position in the state legislature indicate that a mandatory recount
is likely for that position; or
(ii) If unofficial returns indicate a mandatory recount is likely
in a statewide election or an election for federal office.
Reviews conducted under (ii) of this subsection shall be performed
in as many selected counties as time and staffing permit. Reviews
conducted as a result of mandatory recounts shall be performed between
the time the unofficial returns are complete and the time the recount
is to take place, if possible.
(b) In addition to conducting reviews under (a) of this subsection,
the election review staff shall also conduct such a review in a county
periodically, in conjunction with a county primary or special or
general election, at the direction of the secretary of state or at the
request of the county auditor. If any resident of this state believes
that an aspect of a primary or election has been conducted
inappropriately in a county, the resident may file a complaint with the
secretary of state. The secretary shall consider such complaints in
scheduling periodic reviews under this section.
(c) Before an election review is conducted in a county, the
secretary of state shall provide the county auditor of the affected
county and the chair of the state central committee of each major
political party with notice that the review is to be conducted. When
a periodic review is to be conducted in a county at the direction of
the secretary of state under (b) of this subsection, the secretary
shall provide the affected county auditor not less than thirty days'
notice.
(2) Reviews shall be conducted in conformance with rules adopted
under RCW 29.60.020. In performing a review in a county under this
chapter, the election review staff shall evaluate the policies and
procedures established for conducting the primary or election in the
county and the practices of those conducting it. As part of the
review, the election review staff shall issue to the county auditor and
the members of the county canvassing board a report of its findings and
recommendations regarding such policies, procedures, and practices. A
review conducted under this chapter shall not include any evaluation,
finding, or recommendation regarding the validity of the outcome of a
primary or election or the validity of any canvass of returns nor does
the election review staff have any jurisdiction to make such an
evaluation, finding, or recommendation under this title.
(3) The county auditor of the county in which a review is conducted
under this section or a member of the canvassing board of the county
may
appeal the findings or recommendations of the election review staff
regarding the review by filing an appeal with the board created under
RCW 29.60.010.
Sec. 156 RCW 29.60.080 and 1992 c 163 s 10 are each reenacted to
read as follows:
Sec. 157 RCW 29.60.090 and 1992 c 163 s 11 are each reenacted to
read as follows:
Sec. 158 RCW 29.98.010 and 1965 c 9 s 29.98.010 are each
reenacted to read as follows:
Sec. 159 RCW 29.98.020 and 1965 c 9 s 29.98.020 are each amended
to read as follows:Title headings,)) Chapter headings,
part, subpart, and section or subsection ((headings)) captions, as used
in this title do not constitute any part of the law.
Sec. 160 RCW 29.98.030 and 1965 c 9 s 29.98.030 are each
reenacted to read as follows:
Sec. 161 RCW 29.04.080 and 1971 ex.s. c 202 s 2 are each amended
to read as follows:and regulations)) in
accordance with chapter 34.05 RCW not inconsistent with the
federal((,)) and state((, county, city, town, and district)) election
laws to effectuate any provision of this title and to facilitate the
execution of ((their)) its provisions in an orderly, timely, and
uniform manner ((and)) relating to any federal, state, county, city,
town, and district elections. To that end the secretary shall assist
local election officers by devising uniform forms and procedures. ((He
shall provide uniform regulations governing the maintenance of voter
registration records on electronic or automatic data processing systems
so that the records of counties using such systems shall be compatible.
He shall supervise the development and use of such systems to insure
that they conform to all the provisions of Title 29 RCW and the
regulations provided for in this section.))
In addition to the rule-making authority granted otherwise by this
section, the secretary of state shall make rules governing the
following provisions:
(1) The maintenance of voter registration records;
(2) The preparation, maintenance, distribution, review, and filing
of precinct maps;
(3) Standards for the design, layout, and production of ballots;
(4) The examination and testing of voting systems for
certification;
(5) The source and scope of independent evaluations of voting
systems that may be relied upon in certifying voting systems for use in
this state;
(6) Standards and procedures for the acceptance testing of voting
systems by counties;
(7) Standards and procedures for testing the programming of vote
tallying software for specific primaries and elections;
(8) Standards and procedures for the preparation and use of each
type of certified voting system including procedures for the operation
of counting centers where vote tallying systems are used;
(9) Standards and procedures to ensure the accurate tabulation and
canvassing of ballots;
(10) Consistency among the counties of the state in the preparation
of ballots, the operation of vote tallying systems, and the canvassing
of primaries and elections;
(11) Procedures to ensure the secrecy of a voter's ballot when a
small number of ballots are counted at the polls or at a counting
center;
(12) The use of substitute devices or means of voting when a voting
device at the polling place is found to be defective, the counting of
votes cast on the defective device, the counting of votes cast on the
substitute device, and the documentation that must be submitted to the
county auditor regarding such circumstances;
(13) Procedures for the transportation of sealed containers of
voted ballots or sealed voting devices;
(14) The acceptance and filing of documents via electronic
facsimile;
(15) Voter registration applications and records;
(16) The use of voter registration information in the conduct of
elections;
(17) The coordination, delivery, and processing of voter
registration records accepted by driver licensing agents or the
department of licensing;
(18) The coordination, delivery, and processing of voter
registration records accepted by agencies designated by the governor to
provide voter registration services;
(19) Procedures to receive and distribute voter registration
applications by mail;
(20) Procedures for a voter to change his or her voter registration
address within a county by telephone;
(21) Procedures for a voter to change the name under which he or
she is registered to vote;
(22) Procedures for canceling dual voter registration records and
for maintaining records of persons whose voter registrations have been
canceled;
(23) Procedures for the electronic transfer of voter registration
records between county auditors and the office of the secretary of
state;
(24) Procedures and forms for declarations of candidacy;
(25) Procedures and requirements for the acceptance and filing of
declarations of candidacy by electronic means;
(26) Procedures for the circumstance in which two or more
candidates have a name similar in sound or spelling so as to cause
confusion for the voter;
(27) Filing for office;
(28) The order of positions and offices on a ballot;
(29) Sample ballots;
(30) Independent evaluations of voting systems;
(31) The testing, approval, and certification of voting systems;
(32) The testing of vote tallying software programming;
(33) Standards and procedures to prevent fraud and to facilitate
the accurate processing and canvassing of absentee ballots and mail
ballots;
(34) Standards and procedures to guarantee the secrecy of absentee
ballots and mail ballots;
(35) Uniformity among the counties of the state in the conduct of
absentee voting and mail ballot elections;
(36) Standards and procedures to accommodate out-of-state voters,
overseas voters, and service voters;
(37) The tabulation of paper ballots before the close of the polls;
(38) The accessibility of polling places and registration
facilities that are accessible to elderly and disabled persons;
(39) The aggregation of precinct results if reporting the results
of a single precinct could jeopardize the secrecy of a person's ballot;
(40) Procedures for conducting a statutory recount;
(41) Procedures for filling vacancies in congressional offices if
the general statutory time requirements for availability of absentee
ballots, certification, canvassing, and related procedures cannot be
met;
(42) Procedures for the statistical sampling of signatures for
purposes of verifying and canvassing signatures on initiative,
referendum, and recall election petitions;
(43) Standards and deadlines for submitting material to the office
of the secretary of state for the voters' pamphlet;
(44) Deadlines for the filing of ballot titles for referendum bills
and constitutional amendments if none have been provided by the
legislature;
(45) Procedures for the publication of a state voters' pamphlet;
and
(46) Procedures for conducting special elections regarding nuclear
waste sites if the general statutory time requirements for availability
of absentee ballots, certification, canvassing, and related procedures
cannot be met.
Sec. 162 RCW 29.19.070 and 1995 1st sp.s. c 20 s 4 are each
amended to read as follows:this
chapter)) the presidential primary authorized in RCW 29.19.010 through
29.19.080 (as recodified by this act). The secretary of state shall
adopt rules consistent with this chapter to comply with national or
state political party rules.
Sec. 163 RCW 29.60.020 and 1992 c 163 s 4 are each amended to
read as follows:
(a) The training of persons officially designated by major
political parties as elections observers under this title, and the
training and certification of election administration officials and
personnel;
(b) The policies and procedures for conducting election reviews
under RCW 29.60.070; and
(c) The policies and standards to be used by the board in reviewing
and rendering decisions regarding appeals filed under RCW 29.60.070.
((The initial policies and standards adopted under (c) of this
subsection shall be adopted concurrently with adoption of the initial
policies and procedures adopted under (b) of this subsection.)) (2) The board created in RCW 29.60.010 may adopt rules
governing its procedures.
(2) The board created in RCW 29.60.010 shall review appeals filed
under RCW 29.60.050 or 29.60.070. A decision of the board regarding
such an appeal shall be supported by not less than a majority of the
members appointed to the board. A decision of the board regarding an
appeal filed under RCW 29.60.070 concerning an election review
conducted under that section is final. If a decision of the board
regarding an appeal filed under RCW 29.60.050 includes a recommendation
that a certificate be issued, the certificate shall be issued by the
secretary of state as recommended by the board.
(3)
Sec. 201 RCW 29.07.005 and 1994 c 57 s 9 are each amended to read
as follows:
Sec. 202 RCW 29.04.095 and 1973 1st ex.s. c 111 s 1 are each
amended to read as follows:RCW 29.04.100 through 29.04.120))
this chapter, the following words ((shall)) have the following
meanings:
(1) (("County auditor" means the county auditor in any noncharter
county and in a charter county that county official having the overall
responsibility to maintain voter registration information.)) "Person" means an individual, partnership, joint venture,
public or private corporation, association, state or local governmental
entity or agency however constituted, candidate, committee, political
committee, political party, executive committee thereof, or any other
organization or group of persons, however organized.
(2)
(((3))) (2) "Political purpose" means a purpose concerned with the
support of or opposition to any candidate for any partisan or
nonpartisan office or concerned with the support of or opposition to
any ballot proposition or issue; "political purpose" includes, but is
not limited to, such activities as the advertising for or against any
candidate or ballot measure or the solicitation of financial support.
Sec. 203 RCW 29.10.011 and 1994 c 57 s 33 are each reenacted to
read as follows:
(1) "Verification notice" means a notice sent by the county auditor
to a voter registration applicant and is used to verify or collect
information about the applicant in order to complete the registration.
(2) "Acknowledgement notice" means a notice sent by nonforwardable
mail by the county auditor to a registered voter to acknowledge a voter
registration transaction, which can include initial registration,
transfer, or reactivation of an inactive registration. An
acknowledgement notice may be a voter registration card.
(3) "Confirmation notice" means a notice sent to a registered voter
by first class forwardable mail at the address indicated on the voter's
permanent registration record and to any other address at which the
county auditor could reasonably expect mail to be received by the voter
in order to confirm the voter's residence address. The confirmation
notice must be designed so that the voter may update his or her current
residence address.
Sec. 204 RCW 29.08.010 and 1994 c 57 s 30 are each amended to
read as follows:
(1) "By mail" means delivery of a completed original voter
registration application by mail or by personal delivery. ((The
secretary of state, in consultation with the county auditors, may adopt
rules to develop a process to receive and distribute these
applications.))
(2) For voter registration applicants, "date of mailing" means the
date of the postal cancellation on the voter registration application.
This date will also be used as the date of application for the purpose
of meeting the registration cutoff deadline. If the postal
cancellation date is illegible then the date of receipt by the
elections official is considered the date of application. If an
application is received by the elections official by the close of
business on the fifth day after the cutoff date for voter registration
and the postal cancellation date is illegible, the application will be
considered to have arrived by the cutoff date for voter registration.
Sec. 205 RCW 29.07.010 and 1999 c 298 s 4 are each amended to
read as follows:a registration assistant for each precinct or
group of precincts and shall appoint city or town clerks as))
registration assistants to assist in registering persons residing in
((cities, towns, and rural precincts within)) the county.
(((2) In addition, the auditor may appoint a registration assistant
for each common school. The auditor may appoint a registration
assistant for each fire station.)) Each registration assistant holds office at
the pleasure of the county auditor and must be a registered voter.
(3) A registration assistant must be a registered voter. Except
for city and town clerks,
(((4))) (2) The county auditor shall be the custodian of the
official registration records of ((that)) the county. The county
auditor shall ensure that mail-in voter registration application forms
are readily available to the public at locations to include but not
limited to the elections office, and all common schools, fire stations,
and public libraries.
Sec. 206 RCW 29.08.060 and 1994 c 57 s 32 are each reenacted to
read as follows:
(2) If the information is complete, the applicant is considered to
be registered to vote as of the date of mailing. The auditor shall
record the appropriate precinct identification, taxing district
identification, and date of registration on the voter's record. Within
forty-five days after the receipt of an application but no later than
seven days before the next primary, special election, or general
election, the auditor shall send to the applicant, by first class mail,
an acknowledgement notice identifying the registrant's precinct and
containing such other information as may be required by the secretary
of state. The postal service shall be instructed not to forward a
voter registration card to any other address and to return to the
auditor any card which is not deliverable. If the applicant has
indicated that he or she is registered to vote in another county in
Washington but has also provided an address within the auditor's county
that is for voter registration purposes, the auditor shall send, on
behalf of the registrant, a registration cancellation notice to the
auditor of that other county and the auditor receiving the notice shall
cancel the registrant's voter registration in that other county. If
the registrant has indicated on the form that he or she is registered
to vote within the county but has provided a new address within the
county that is for voter registration purposes, the auditor shall
transfer the voter's registration.
(3) If an acknowledgement notice card is properly mailed as
required by this section to the address listed by the voter as being
the voter's mailing address and the notice is subsequently returned to
the auditor by the postal service as being undeliverable to the voter
at that address, the auditor shall promptly send the voter a
confirmation notice. The auditor shall place the voter's registration
on inactive status pending a response from the voter to the
confirmation notice.
Sec. 207 RCW 29.07.110 and 1971 ex.s. c
202 s 15 are each amended
to read as follows:deputy registrar
located outside the county courthouse)) registration assistant shall
keep registration supplies at his or her usual place of residence or
usual place of business ((at reasonable hours and at the end of each
week mail to the county auditor the cards of those who have registered
during the week: PROVIDED, That with the written consent of the county
auditor a deputy registrar may designate some centrally located place
for registration in lieu of the usual place where registration supplies
are kept by giving notice thereof in such manner as he may deem
expedient stating therein the days and hours when the place will be
open for registration: PROVIDED FURTHER, That such consent of the
county auditor may include authorization for door-to-door registration
including registration from a portable office as in a trailer and the
person or persons so deputized may register all eligible electors
residing in any precinct within the county concerned)). A person or
organization collecting voter registration application forms must
transmit the forms to the secretary of state or a designee at least
once weekly.
Sec. 208 RCW 29.08.030 and 1993 c 434 s 3 are each reenacted to
read as follows:
Sec. 209 RCW 29.07.220 and 1993 c 408 s 11 are each amended to
read as follows:on magnetic tape or disk, punched cards, or other form of data
storage)) containing the records of all registered voters within the
county. ((Where it is necessary or advisable,)) The auditor may
provide for the establishment and maintenance of such files by private
contract or through interlocal agreement as provided by chapter 39.34
RCW((, as it now exists or is hereafter amended)). The computer file
((shall)) must include, but not be limited to, each voter's last name,
first name, middle initial, date of birth, residence address, ((sex))
gender, date of registration, applicable taxing district and precinct
codes, and the last date on which the individual voted. The county
auditor shall subsequently record each consecutive date upon which the
individual has voted and retain at least the last five such consecutive
dates((: PROVIDED, That)). If the voter has not voted at least five
times since establishing his or her current registration record, only
the available dates ((shall)) will be included.
Sec. 210 RCW 29.10.081 and 1994 c 57 s 40 are each amended to
read as follows:
(2) Election officials shall not include inactive voters in the
count of registered voters for the purpose of dividing precincts,
creating vote-by-mail precincts, determining voter turnout, or other
purposes in law for which the determining factor is the number of
registered voters. Election officials shall not include persons who
are ongoing absentee voters under RCW ((29.36.013)) 29.36.240 (as
recodified by this act) in determining the maximum permissible size of
vote-by-mail precincts or in determining the maximum permissible size
of precincts. Nothing in this subsection may be construed as altering
the vote tallying requirements of RCW 29.62.090.
Sec. 211 RCW 29.07.092 and 2001 c 41 s 6 are each amended to read
as follows:
Sec. 212 RCW 29.07.160 and 1993 c 383 s 2 are each reenacted to
read as follows:
The county auditor shall give notice of the closing of the precinct
files for original registration and transfer and notice of the special
registration and voting procedure provided by RCW 29.07.152 by one
publication in a newspaper of general circulation in the county at
least five days before the closing of the precinct files.
No person may vote at any primary, special election, or general
election in a precinct polling place unless he or she has registered to
vote at least thirty days before that primary or election. If a
person, otherwise qualified to vote in the state, county, and precinct
in which he or she applies for registration, does not register at least
thirty days before any primary, special election, or general election,
he or she may register and vote by absentee ballot for that primary or
election under RCW 29.07.152.
Sec. 213 RCW 29.07.152 and 1993 c 383 s 1 are each amended to
read as follows:During this period,
the unregistered)) A qualified elector in the county may register to
vote in person in the office of the county auditor or at a voter
registration location specifically designated for this purpose by the
county auditor of the county in which the applicant resides, and apply
for an absentee ballot for that primary or election. The auditor or
((voter registrar)) registration assistant shall register that
individual in the manner provided in this chapter. The application for
an absentee ballot executed by the newly registered voter for the
primary or election that follows the execution of the registration
shall be promptly transmitted to the auditor with the completed voter
registration form.
Sec. 214 RCW 29.07.030 and 1965 c 9 s 29.07.030 are each amended
to read as follows:shall)) must be paid by the county((;)). The expense of
registration in all precincts lying wholly within a city or town must
be paid by the city or town. ((In precincts lying partly within and
partly outside of a city or town, the expense of registration shall be
apportioned between the county and city or town according to the number
of voters registered in the precinct living within the city or town and
the number living outside of it.)) Registration expenses for this
section include both active and inactive voters.
Sec. 215 RCW 29.07.230 and 1980 c 32 s 6 are each reenacted to
read as follows:
Sec. 216 RCW 29.07.070 and 1994 c 57 s 11 are each amended to
read as follows:Except as
provided under RCW 29.07.260,)) An applicant for voter registration
shall complete an application providing the following information
concerning his or her qualifications as a voter in this state:
(1) The address of the last former registration of the applicant as
a voter in the state;
(2) The applicant's full name;
(3) The applicant's date of birth;
(4) The address of the applicant's residence for voting purposes;
(5) The mailing address of the applicant if that address is not the
same as the address in subsection (4) of this section;
(6) The sex of the applicant;
(7) A declaration that the applicant is a citizen of the United
States; ((and))
(8) The applicant's signature; and
(9) Any other information that the secretary of state determines is
necessary to establish the identity of the applicant and prevent
duplicate or fraudulent voter registrations.
This information shall be recorded on a single registration form to
be prescribed by the secretary of state.
If the applicant fails to provide the information required for
voter registration, the auditor shall send the applicant a verification
notice. The auditor shall not register the applicant until the
required information is provided. If a verification notice is returned
as undeliverable or the applicant fails to respond to the notice within
forty-five days, the auditor shall not register the applicant to vote.
The following warning shall appear in a conspicuous place on the
voter registration form:
"If you knowingly provide false information on this voter
registration form or knowingly make a false declaration about your
qualifications for voter registration you will have committed a class
C felony that is punishable by imprisonment for up to five years, or by
a fine of up to ten thousand dollars, or both imprisonment and fine."
Sec. 217 RCW 29.07.140 and 1994 c 57 s 18 are each reenacted to
read as follows:
Any application format specified by the secretary for use in
registering to vote in state and local elections shall satisfy the
requirements of the National Voter Registration Act of 1993 (P.L. 103-31) for registering to vote in federal elections.
(2) The secretary of state shall adopt by rule a uniform data
format for transferring voter registration records on machine-readable
media.
(3) All registration applications required under RCW 29.07.070 and
29.07.260 shall be produced and furnished by the secretary of state to
the county auditors and the department of licensing.
(4) The secretary of state shall produce and distribute any
instructional material and other supplies needed to implement RCW
29.07.260 through 29.07.300 and 46.20.155.
(5) Any notice or statement that must be provided under the
National Voter Registration Act of 1993 (P.L. 103-31) to prospective
registrants concerning registering to vote in federal elections shall
also be provided to prospective registrants concerning registering to
vote under this title in state and local elections as well as federal
elections.
Sec. 218 RCW 29.07.080 and 1994 c 57 s 12 are each amended to
read as follows:executed under
RCW 29.07.070)), the registrant shall sign the following oath:
"I declare that the facts on this voter registration form are true.
I am a citizen of the United States, I am not presently denied my civil
rights as a result of being convicted of a felony, I will have lived in
Washington at this address for thirty days immediately before the next
election at which I vote, and I will be at least eighteen years old
when I vote."
Sec. 219 RCW 29.07.090 and 1994 c 57 s 13 are each amended to
read as follows:
Sec. 220 RCW 29.08.080 and 2001 c 41 s 8 are each amended to read
as follows:printed after
January 1, 2002,)) must include clear and conspicuous language,
designed to draw an applicant's attention, stating that the applicant
must be a United States citizen in order to register to vote.
Sec. 221 RCW 29.08.040 and 1993 c 434 s 4 are each reenacted to
read as follows:
Sec. 222 RCW 29.07.025 and 2002 c 185 s 3 are each amended to
read as follows:
(2) Each state agency designated ((under RCW 29.07.420)) shall
provide voter registration services for employees and the public within
each office of that agency.
(((2))) (3) The secretary of state shall design and provide a
standard notice informing the public of the availability of voter
registration, which notice shall be posted in each state agency where
such services are available.
(((3))) (4) The secretary of state shall design and provide
standard voter registration forms for use by these state agencies.
(((4))) (5) Each institution of higher education shall put in place
an active prompt on its course registration web site, or similar web
site that students actively and regularly use, that, if selected, will
link the student to the secretary of state's voter registration web
site. The prompt must ask the student if he or she wishes to register
to vote.
Sec. 223 RCW 29.07.430 and 1994 c 57 s 27 are each reenacted to
read as follows:
(2) A prospective applicant shall initially be offered a form
adopted by the secretary of state that is designed to determine whether
the person wishes to register to vote. The form must comply with all
applicable state and federal statutes regarding content.
The form shall also contain a box that may be checked by the
applicant to indicate that he or she declines to register.
If the person indicates an interest in registering or has made no
indication as to a desire to register or not register to vote, the
person shall be given a mail-in voter registration application or a
prescribed agency application as provided by RCW 29.07.440.
Sec. 224 RCW 29.07.440 and 2001 c 41 s 7 are each reenacted to
read as follows:
(2) The person providing service at the agency shall offer voter
registration services to every client whenever he or she applies for
service or assistance and with each renewal, recertification, or change
of address. The person providing service shall give the applicant the
same level of assistance with the voter registration application as is
offered to fill out the agency's forms and documents, including
information about age and citizenship requirements for voter
registration.
(3) If an agency uses a computerized application process, it may,
in consultation with the secretary of state, develop methods to capture
simultaneously the information required for voter registration during
a person's computerized application process.
(4) Each designated agency shall provide for the voter registration
application forms to be collected from each agency office at least once
each week. The agency shall then forward the application forms to the
secretary of state each week. The secretary of state shall forward the
forms to the county in which the applicant has registered to vote no
later than ten days after the date on which the forms were received by
the secretary of state.
Sec. 225 RCW 29.07.260 and 2001 c 41 s 16 are each amended to
read as follows:
(2) To register to vote, transfer his or her voter registration, or
change his or her name for voter registration purposes under this
section, the applicant shall provide the ((following:)) information required by RCW 29.07.070
(as recodified by this act).
(a) His or her full name;
(b) Whether the address in the driver's license file is the same as
his or her residence for voting purposes;
(c) The address of the residence for voting purposes if it is
different from the address in the driver's license file;
(d) His or her mailing address if it is not the same as the address
in (c) of this subsection;
(e) Additional information on the geographic location of that
voting residence if it is only identified by route or box;
(f) The last address at which he or she was registered to vote in
this state;
(g) A declaration that he or she is a citizen of the United States;
and
(h) Any other information, other than an applicant's social
security number, that the secretary of state determines is necessary to
establish the identity of the applicant and to prevent duplicate or
fraudulent voter registrations
(3) ((The following warning shall appear in a conspicuous place on
the voter registration form:
"If you knowingly provide false information on this voter
registration form or knowingly make a false declaration about your
qualifications for voter registration you will have committed a class
C felony that is punishable by imprisonment for up to five years, or by
a fine of up to ten thousand dollars, or both imprisonment and fine."
(4) The applicant shall sign a portion of the form that can be used
as an initiative signature card for the verification of petition
signatures by the secretary of state and shall sign and attest to the
following oath:
"I declare that the facts on this voter registration form are true.
I am a citizen of the United States, I am not presently denied my civil
rights as a result of being convicted of a felony, I will have lived in
Washington at this address for thirty days before the next election at
which I vote, and I will be at least eighteen years old when I vote."
(5)
Sec. 226 RCW 29.07.270 and 1994 c 57 s 22 are each amended to
read as follows:
(2) The department of licensing shall produce and transmit to the
secretary of state a machine-readable file containing the following
information from the records of each individual who requested a voter
registration or transfer at a driver's license facility during each
period for which forms are transmitted under subsection (1) of this
section: The name, address, date of birth, ((and sex)) gender of the
applicant ((and)), the driver's license number, the date on which the
application for voter registration or transfer was submitted, and the
location of the office at which the application was submitted.
(3) ((The department of licensing shall provide information on all
persons changing their address on change of address forms submitted to
the department unless the voter has indicated that the address change
is not for voting purposes. This information will be transmitted to
the secretary of state each week in a machine-readable file containing
the following information on persons changing their address: The name,
address, date of birth, and sex of the applicant, the applicant's
driver's license number, the applicant's former address, the county
code for the applicant's former address, and the date that the request
for address change was received.)) The voter registration forms from the
driver's licensing facilities must be forwarded to the county in which
the applicant has registered to vote no later than ten days after the
date on which the forms were to be collected.
(4) The secretary of state shall forward this information to the
appropriate county each week. When the information indicates that the
voter has moved within the county, the county auditor shall use the
change of address information to transfer the voter's registration and
send the voter an acknowledgement notice of the transfer. If the
information indicates that the new address is outside the voter's
original county, the county auditor shall send the voter a registration
by mail form at the voter's new address and advise the voter of the
need to reregister in the new county. The auditor shall then place the
voter on inactive status
(4) For a voter registration application where the address for
voting purposes is different from the address in the machine-readable
file received from the department of licensing, the secretary of state
shall amend the record of that application in the machine-readable file
to reflect the county in which the applicant has registered to vote.
(5) The secretary of state shall sort the records in the machine-readable file according to the county in which the applicant registered
to vote and produce a file of voter registration transactions for each
county. The records of each county may be transmitted on or through
whatever medium the county auditor determines will best facilitate the
incorporation of these records into the existing voter registration
files of that county.
(6) The secretary of state shall produce a list of voter
registration transactions for each county and transmit a copy of this
list to that county with each file of voter registration transactions
no later than ten days after the date on which that information was to
be transmitted under subsection (1) of this section.
(7) If a registrant has indicated on the voter registration
application form that he or she is registered to vote in another county
in Washington but has also provided an address within the auditor's
county that is for voter registration purposes, the auditor shall send,
on behalf of the registrant, a registration cancellation notice to the
auditor of that other county and the auditor receiving the notice shall
cancel the registrant's voter registration in that other county. If
the registrant has indicated on the form that he or she is registered
to vote within the county but has provided a new address within the
county that is for voter registration purposes, the auditor shall
transfer the voter's registration.
NEW SECTION. Sec. 227
(2) The secretary of state shall forward this information to the
appropriate county each week. When the information indicates that the
voter has moved within the county, the county auditor shall use the
change of address information to transfer the voter's registration and
send the voter an acknowledgement notice of the transfer. If the
information indicates that the new address is outside the voter's
original county, the county auditor shall send the voter a registration
by mail form at the voter's new address and advise the voter of the
need to reregister in the new county. The auditor shall then place the
voter on inactive status.
Sec. 228 RCW 29.10.020 and 1994 c 57 s 35 are each amended to
read as follows:
((The secretary of state may adopt rules facilitating the transfer
of a registration by telephone authorized by this section.))
Sec. 229 RCW 29.10.040 and 1999 c 100 s 3 are each amended to
read as follows:present)) current registration.
An authorization to cancel a voter's registration must be forwarded
promptly to the county auditor of the county in which the voter was
previously registered. The county auditor of the county where the
previous registration was made shall cancel the registration of the
voter if it appears that the signatures in the registration record and
on the cancellation authorization form were made by the same person.
Sec. 230 RCW 29.10.170 and 1991 c 81 s 28 are each reenacted to
read as follows:
(a) The voter may complete, at the polling place, a registration
transfer form designed by the secretary of state and supplied by the
county auditor; or
(b) The voter may write in his or her new residential address in
the precinct list of registered voters.
The county auditor shall determine which of these two procedures
are to be used in the county or may determine that both procedures are
to be available to voters for use in the county.
(2) A voter who transfers his or her registration in the manner
authorized by this section shall vote in the precinct in which he or
she was previously registered.
(3) The auditor shall, within ninety days, mail to each voter who
has transferred a registration under this section a notice of his or
her current precinct and polling place.
Sec. 231 RCW 29.10.051
and 1994 c 57 s 37 are each amended to
read as follows:
A properly registered voter who files a change-of-name notice at
the voter's precinct polling place during a primary or election and who
desires to vote at that primary or election shall sign the poll book
using the voter's former and new names in the same manner as is
required for the change-of-name notice.
((The secretary of state may adopt rules facilitating the
implementation of this section.))
Sec. 232 RCW 29.10.090 and 1999 c 100 s 1 are each amended to
read as follows:
(1) Every month, the registrar of vital statistics of the state
shall prepare a separate list of persons who resided in each county,
for whom a death certificate was transmitted to the registrar and was
not included on a previous list, and shall supply the appropriate list
to each county auditor.
A county auditor shall compare this list with the registration
records and cancel the registrations of deceased voters within at least
forty-five days before the next primary or election held in the county
after the auditor receives the list.
(2) In addition, the county auditor may also use newspaper obituary
articles as a source of information in order to cancel a voter's
registration. The auditor must verify the identity of the voter by
matching the voter's date of birth or an address. The auditor shall
record the date and source of the obituary in the cancellation records.
(3) In addition, any registered voter may sign a statement, subject
to the penalties of perjury, to the effect that to his or her personal
knowledge or belief another registered voter is deceased. This
statement may be filed with the county auditor. Upon the receipt of
such signed statement, the county auditor shall cancel the registration
records concerned and so notify the secretary of state. ((Upon receipt
of such notice, the secretary of state shall in turn cancel his or her
copy of said registration record.))
The secretary of state as chief elections officer shall cause such
form to be designed to carry out the provisions of this section. The
county auditors shall have such forms available for public use.
Further, each such public officer having jurisdiction of an election
shall make available a reasonable supply of such forms for the use of
the precinct election officers at each polling place on the day of an
election.
Sec. 233 RCW 29.10.097 and 1994 c 57 s 42 are each reenacted to
read as follows:
Sec. 234 RCW 29.10.100 and 1999 c 298 s 8 are each amended to
read as follows:
Sec. 235 RCW 29.10.110 and 1991 c 81 s 26 are each reenacted to
read as follows:
The county auditor may destroy the voter registration information
and records of any person whose voter registration has been canceled
for a period of two years or more.
Sec. 236 RCW 29.10.180 and 1999 c 100 s 2 are each reenacted to
read as follows:
(1) The county auditor may enter into one or more contracts with
the United States postal service, or its licensee, which permit the
auditor to use postal service change-of-address information. If the
auditor receives change of address information from the United States
postal service that indicates that a voter has changed his or her
residence address within the county, the auditor shall transfer the
registration of that voter and send a confirmation notice informing the
voter of the transfer to the new address. If the auditor receives
postal change of address information indicating that the voter has
moved out of the county, the auditor shall send a confirmation notice
to the voter and advise the voter of the need to reregister in the new
county. The auditor shall place the voter's registration on inactive
status;
(2) A direct, nonforwardable, nonprofit or first-class mailing to
every registered voter within the county bearing the postal endorsement
"Return Service Requested." If address correction information for a
voter is received by the county auditor after this mailing, the auditor
shall place that voter on inactive status and shall send to the voter
a confirmation notice;
(3) Any other method approved by the secretary of state.
Sec. 237 RCW 29.10.185 and 2001 c 41 s 10 are each amended to
read as follows:
The office of the secretary of state shall cause to be created a
list of registered voters with the same date of birth and similar names
who appear on two or more county lists of registered voters. The
office of the secretary of state shall forward this list to each county
auditor so that they may properly cancel the previous registration of
voters who have subsequently registered in a different county. The
county auditor of the county where the previous registration was made
shall cancel the registration of the voter if it appears that the
signatures in the registration and the signature provided to the new
county on the voter's new registration were made by the same person.
((The office of the secretary of state shall adopt rules to facilitate
this process.))
If a voter is suspected of voting in two or more counties in an
election, the county auditors in each county shall cooperate without
delay to determine the voter's county of residence. The county auditor
of the county of residence of the voter suspected of voting in two or
more counties shall take action under RCW 29.85.245 without delay.
Sec. 238 RCW 29.10.015 and 1994 c 57 s 34 are each reenacted to
read as follows:
Sec. 239 RCW 29.10.071 and 1994 c 57 s 38 are each reenacted to
read as follows:
(a) An acknowledgement of registration;
(b) An acknowledgement of transfer to a new address;
(c) A vote-by-mail ballot, absentee ballot, or application for a
ballot;
(d) Notification to a voter after precinct reassignment;
(e) Notification to serve on jury duty; or
(f) Any other document other than a confirmation notice, required
by statute, to be mailed by the county auditor to the voter.
(2) A county auditor shall also assign a registered voter to
inactive status and shall send the voter a confirmation notice:
(a) Whenever change of address information received from the
department of licensing under RCW 29.07.270, or by any other agency
designated to provide voter registration services under RCW 29.07.420,
indicates that the voter has moved to an address outside the county; or
(b) If the auditor receives postal change of address information
under RCW 29.10.180, indicating that the voter has moved out of the
county.
Sec. 240 RCW 29.10.220 and 1994 c 57 s 47 are each amended to
read as follows:shall)) must be allowed to vote a regular ballot and the voter's
registration restored to active status.
(2) A voter whose registration has been properly canceled under
this chapter shall vote a ((special)) provisional ballot. The voter
shall mark the ((special)) provisional ballot in secrecy, the ballot
((shall be)) placed in a security envelope, the security envelope
placed in a ((special)) provisional ballot envelope, and the reasons
for the use of the ((special)) provisional ballot noted.
(3) Upon receipt of such a voted ((special)) provisional ballot the
auditor shall investigate the circumstances surrounding the original
cancellation. If he or she determines that the cancellation was in
error, the voter's registration ((shall)) must be immediately
reinstated, and the voter's ((special)) provisional ballot ((shall))
must be counted. If the original cancellation was not in error, the
voter ((shall)) must be afforded the opportunity to reregister at his
or her correct address, and the voter's ((special)) provisional ballot
((shall)) must not be counted.
Sec. 241 RCW 29.10.075 and 1994 c 57 s 39 are each reenacted to
read as follows:
Sec. 242 RCW 29.10.200 and 1994 c 57 s 45 are each reenacted to
read as follows:
Sec. 243 RCW 29.10.210 and 1994 c 57 s 46 are each reenacted to
read as follows:
Sec. 244 RCW 29.10.230 and 1999 c 100 s 5 are each amended to
read as follows:Every county shall complete this work by
January 1, 2000. Each county may bill reasonable programming costs
incurred by it to the office of the secretary of state by June 1,
2000.))
Sec. 245 RCW 29.04.250 and 2002 c 21 s 2 are each amended to read
as follows:The secretary
of state shall report back the findings of this group to the
legislature no later than February 1, 2003.))
(2) Among the intended goals the voter registration data base must
be designed to accomplish at a minimum, are the following:
(a) Identify duplicate voter registrations;
(b) Identify suspected duplicate voters;
(c) Screen against the department of corrections data base to aid
in the cancellation of voter registration of felons;
(d) Provide up-to-date signatures of voters for the purposes of
initiative signature checking;
(e) Provide for a comparison between the voter registration data
base and the department of licensing change of address data base;
(f) Provide online access for county auditors with the goal of real
time duplicate checking and update capabilities, if sufficient funds
are available;
(g) Provide for the cancellation of voter registration for persons
who have moved to other states and surrendered their Washington state
drivers' licenses;
(h) Ensure that each county shall maintain legal control of the
registration records for that county.
Sec. 246 RCW 29.07.130 and 1994 c 57 s 17 are each amended to
read as follows:
ACCESS. The cards required by RCW 29.07.090 shall be kept on
file in the office of the secretary of state in such manner as will be
most convenient for, and for the sole purpose of, checking initiative
and referendum petitions. The secretary may maintain an automated file
of voter registration information for any county or counties in lieu of
filing or maintaining these voter registration cards if the automated
file includes all of the information from the cards including, but not
limited to, a retrievable facsimile of the signature of each voter of
that county or counties. Such an automated file may be used only for
the purpose authorized for the use of the cards.)) The county auditor shall have custody of the voter
registration records for each county. The original voter registration
form((
(2), as established by RCW 29.07.070, shall)) must be filed
((alphabetically)) without regard to precinct and ((shall be)) is
considered confidential and unavailable for public inspection and
copying. An automated file of all registered voters ((shall)) must be
maintained pursuant to RCW 29.07.220. An auditor may maintain the
automated file in lieu of filing or maintaining the original voter
registration forms if the automated file includes all of the
information from the original voter registration forms including, but
not limited to, a retrievable facsimile of each voter's signature.
(((3))) (2) The following information contained in voter
registration records or files regarding a voter or a group of voters is
available for public inspection and copying: The voter's name, gender,
voting record, date of registration, and registration number. The
address and political jurisdiction of a registered voter ((or addresses
of a group of voters)) are available for public inspection and copying
except ((to the extent that the address of a particular voter is not so
available under RCW 42.17.310(1)(bb). The political jurisdictions
within which a voter or group of voters reside are also available for
public inspection and copying except that the political jurisdictions
within which a particular voter resides are not available for such
inspection and copying if the address of the voter is not so available
under RCW 42.17.310(1)(bb))) as provided by chapter 40.24 RCW. No
other information from voter registration records or files is available
for public inspection or copying.
Sec. 247 RCW 29.04.100 and 1994
c 57 s 5 are each amended to read
as follows:
(2) All poll books or current lists of registered voters, except
original voter registration forms or their images, shall be public
records and be made available for inspection under such reasonable
rules and regulations as the county auditor may prescribe. The county
auditor shall promptly furnish current lists or mailing labels of
registered voters in his or her possession, at actual reproduction
cost, to any person requesting such information((: PROVIDED, That
such)). The lists and labels shall not be used for the purpose of
mailing or delivering any advertisement or offer for any property,
establishment, organization, product, or service or for the purpose of
mailing or delivering any solicitation for money, services, or anything
of value((: PROVIDED, HOWEVER, That such)). However, the lists and
labels may be used for any political purpose.
Sec. 248 RCW 29.04.110 and 1994 c 57 s 6 are each amended to read
as follows:: PROVIDED, HOWEVER, That such)). However, the data may be
used for any political purpose. Whenever the county auditor furnishes
any form of data storage under this section, he or she shall also
furnish the person receiving the same with a copy of RCW 29.04.120.
Sec. 249 RCW 29.04.120 and 1999 c 298 s 2 are each amended to
read as follows:shall be)) is guilty of a felony punishable by imprisonment in a
state correctional facility for a period of not more than five years or
a fine of not more than ten thousand dollars or both such fine and
imprisonment, and ((shall be)) is liable to each person provided such
advertisement or solicitation, without the person's consent, for the
nuisance value of such person having to dispose of it, which value is
herein established at five dollars for each item mailed or delivered to
the person's residence((: PROVIDED, That any)). However, a person who
mails or delivers any advertisement, offer, or solicitation for a
political purpose ((shall)) is not ((be)) liable under this
section((,)) unless the person is liable under subsection (2) of this
section. For purposes of this subsection, two or more attached papers
or sheets or two or more papers ((which)) that are enclosed in the same
envelope or container or are folded together ((shall be deemed to
constitute)) are one item. Merely having a mailbox or other receptacle
for mail on or near the person's residence ((shall)) is not ((be any))
an indication that ((such)) the person consented to receive the
advertisement or solicitation. A class action may be brought to
recover damages under this section, and the court may award a
reasonable attorney's fee to any party recovering damages under this
section.
(2) ((It shall be the responsibility of)) Each person furnished
data under RCW 29.04.100 or 29.04.110 ((to)) shall take reasonable
precautions designed to assure that the data is not used for the
purpose of mailing or delivering any advertisement or offer for any
property, establishment, organization, product, or service or for the
purpose of mailing or delivering any solicitation for money, services,
or anything of value((: PROVIDED, That such)). However, the data may
be used for any political purpose. Where failure to exercise due care
in carrying out this responsibility results in the data being used for
such purposes, then such person ((shall be)) is jointly and severally
liable for damages under ((the provisions of)) subsection (1) of this
section along with any other person liable under subsection (1) of this
section for the misuse of such data.
Sec. 250 RCW 29.04.150 and 1993 c 441 s 1 are each reenacted to
read as follows:
(2) Not earlier than January 1st or July 1st subsequent to the
receipt of a request and deposit under subsection (1) of this section,
each county auditor shall provide to the secretary of state, or a data
processing agency designated by the secretary of state, a duplicate
computer tape or data file of the records of the registered voters in
that county, containing the information specified in RCW 29.07.220.
The secretary of state shall reimburse each county for the actual cost
of reproduction and mailing of the duplicate computer tape or data
file.
Sec. 251 RCW 29.04.160 and 1995 c 135 s 2 are each amended to
read as follows:as now existing or hereafter amended)).
Sec. 252 RCW 29.04.240 and 1994 c 57 s 7 are each reenacted to
read as follows:
Sec. 253 RCW 29.10.125 and 2001 c 41 s 9 are each reenacted to
read as follows:
Challenges initiated by a registered voter must be filed not later
than the day before any primary or election, general or special, at the
office of the appropriate county auditor. A challenged voter may
properly transfer or reregister until three days before the primary or
election, general or special, by applying personally to the county
auditor. Challenges may also be initiated by the office of the county
prosecuting attorney and must be filed in the same manner as challenges
initiated by a registered voter.
Sec. 254 RCW 29.10.127 and 1987 c 288 s 2 are each amended to
read as follows:29.36.100)) 29.36.350 (as
recodified by this act).
Sec. 255 RCW 29.10.130 and 1987 c 288 s 3 are each reenacted to
read as follows:
(2) Any such challenge of a voter's registration and right to vote
made less than thirty days before a primary or election, special or
general, shall be administered under RCW 29.10.127. The county auditor
shall notify the challenged voter and the precinct election officers in
the voter's precinct that a challenge has been filed, provide the name
of the challenger, and instruct both the precinct election officers and
the voter that, in the event the challenged voter desires to vote at
the ensuing primary or election, a challenged ballot will be provided.
The voter shall also be informed that the status of his or her
registration and the disposition of any challenged ballot will be
determined by the county canvassing board in the manner provided by RCW
29.10.127. If the challenged voter does not vote at the ensuing
primary or election, the challenge shall be processed in the same
manner as challenges made more than thirty days prior to the primary or
election under RCW 29.10.140.
Sec. 256 RCW 29.10.140 and 1987 c 288 s 4 are each reenacted to
read as follows:
The notification shall be mailed to the address at which the
challenged voter is registered, any address provided by the challenger
under RCW 29.10.130, and to any other address at which the individual
whose registration is being challenged is alleged to reside or at which
the county auditor would reasonably expect that individual to receive
notice of the challenge of his or her voter registration. Included in
the notification shall be a request that the challenged voter appear at
a hearing to be held within ten days of the mailing of the request, at
the place, day, and hour stated, in order to determine the validity of
his or her registration. The challenger shall be provided with a copy
of this notification and request. If either the challenger or the
challenged voter is unable to appear in person, he or she may file a
reply by means of an affidavit stating under oath the reasons he or she
believes the registration to be invalid or valid.
If both the challenger and the challenged voter file affidavits
instead of appearing in person, an evaluation of the affidavits by the
county auditor constitutes a hearing for the purposes of this section.
The county auditor shall hold a hearing at which time both parties
may present their facts and arguments. After reviewing the facts and
arguments, including any evidence submitted by either side, the county
auditor shall rule as to the validity or invalidity of the challenged
registration. His or her ruling is final subject only to a petition
for judicial review by the superior court under chapter 34.05 RCW. If
either party, or both parties, fail to appear at the meeting or fail to
file an affidavit, the county auditor shall determine the status of the
registration based on his or her evaluation of the available facts.
Sec. 257 RCW 29.10.150 and 1991 c 81 s 27 are each amended to
read as follows:through
29.10.160)) and 29.10.140 (as recodified by this act). The county
auditors and ((registrars)) registration assistants shall have such
forms available. Further, a reasonable supply of such forms shall be
at each polling place on the day of a primary or election, general or
special.
Sec. 301 RCW 29.33.020 and 1990 c 59 s 17 are each reenacted to
read as follows:
Sec. 302 RCW
29.33.041 and 1990 c 59 s 18 are each reenacted to
read as follows:
Sec. 303 RCW 29.33.051 and 1990 c 59 s 19 are each reenacted to
read as follows:
Sec. 304 RCW 29.33.061 and 1990 c 59 s 20 are each reenacted to
read as follows:
(2) The secretary of state may contract with experts in mechanical
or electrical engineering or data processing to assist in examining a
voting system or component. The manufacturer or distributor who has
submitted a voting system for testing under RCW 29.33.051 shall pay the
secretary of state a deposit to reimburse the cost of any contract for
consultation under this section and for any other unrecoverable costs
associated with the examination of a voting system or component by the
manufacturer or distributor who submitted the voting system or
component for examination.
Sec. 305 RCW 29.33.081 and 1990 c 59 s 21 are each amended to
read as follows:
Sec. 306 RCW 29.33.130 and 1990 c 59 s 22 are each reenacted to
read as follows:
Sec. 307 RCW 29.33.145 and 1998 c 58 s 1 are each reenacted to
read as follows:
Sec. 308 RCW 29.33.300 and 1990 c 59 s 26 are each reenacted to
read as follows:
(1) Secures to the voter secrecy in the act of voting;
(2) Permits the voter to vote for any person for any office and
upon any measure that he or she has the right to vote for;
(3) Permits the voter to vote for all the candidates of one party
or in part for the candidates of one or more other parties;
(4) Correctly registers all votes cast for any and all persons and
for or against any and all measures;
(5) Provides that a vote for more than one candidate cannot be cast
by one single operation of the voting device or vote tally system
except when voting for president and vice president of the United
States; and
(6) Except for functions or capabilities unique to this state, has
been tested, certified, and used in at least one other state or
election jurisdiction.
Sec. 309 RCW 29.33.310 and 1990 c 59 s 27 are each reenacted to
read as follows:
Sec. 310 RCW 29.33.320 and 1990 c 59 s 28 are each reenacted to
read as follows:
(1) Correctly counts votes on ballots on which the proper number of
votes have been marked for any office or issue;
(2) Ignores votes marked for any office or issue where more than
the allowable number of votes have been marked, but correctly counts
the properly voted portions of the ballot;
(3) Accumulates a count of the specific number of ballots tallied
for each precinct, total votes by candidate for each office, and total
votes for and against each issue of the ballot in that precinct;
(4) Accommodates rotation of candidates' names on the ballot under
RCW 29.30.040;
(5) Produces precinct and cumulative totals in printed form; and
(6) Except for functions or capabilities unique to this state, has
been tested, certified, and used in at least one other state or
election jurisdiction.
Sec. 311 RCW 29.33.330 and 1990 c 59 s 25 are each amended to
read as follows:29.04.210)) 29.04.080 (as
recodified by this act), after being prepared for a primary or
election, each device shall be sealed with a uniquely numbered seal and
provided to the inspector of the appropriate polling place.
Sec. 312 RCW 29.33.340 and 1990 c 59 s 29 are each reenacted to
read as follows:
(2) The county auditor may waive instructional requirements for
precinct election officers, counting center personnel, and political
party observers who have previously received instruction and who have
served for a sufficient length of time to be fully qualified to perform
their duties. The county auditor shall keep a record of each person
who has received instruction and is qualified to serve at the
subsequent primary or election.
(3) As compensation for the time spent in receiving instruction,
each precinct election officer who qualifies and serves at the
subsequent primary or election shall receive an additional two hours
compensation, to be paid at the same time and in the same manner as
compensation is paid for services on the day of the primary or
election.
(4) Except for the appointment of a precinct election officer to
fill a vacancy under RCW 29.45.040, no inspector or judge may serve at
any primary or election at which voting systems are used unless he or
she has received the required instruction and is qualified to perform
his or her duties in connection with the voting devices. No person may
work in a counting center at a primary or election at which a vote
tallying system is used unless that person has received the required
instruction and is qualified to perform his or her duties in connection
with the handling and tallying of ballots for that primary or election.
No person may serve as a political party observer unless that person
has received the required instruction and is familiar with the
operation of the counting center and the vote tallying system and the
procedures to be employed to verify the accuracy of the programming for
that vote tallying system.
Sec. 313 RCW 29.33.350 and 1998 c 58 s 2 are each amended to read
as follows:The office of the
secretary of state shall adopt rules specifying the manner of
conducting these programming tests.)) The test shall verify the
capability of the vote tallying system to perform all of the functions
that can reasonably be expected to occur during conduct of that
particular primary or election. If any error is detected, the cause
shall be determined and corrected, and an errorless total shall be
produced before the primary or election.
Such tests shall be observed by at least one representative from
each major political party, if representatives have been appointed by
the respective major political parties and are present at the test, and
shall be open to candidates, the press, and the public. The county
auditor and any political party observers shall certify that the test
has been conducted in accordance with this section. Copies of this
certification shall be retained by the secretary of state and the
county auditor. All programming materials, test results, and test
ballots shall be securely sealed until the day of the primary or
general election.
Sec. 314 RCW 29.33.360 and 1998 c 58 s 3 are
each reenacted to
read as follows:
Sec. 315 RCW 29.04.200 and 1998 c 245 s 26 are each amended to
read as follows:Beginning January 1, 1993,)) No
voting device or machine may be used in a county with a population of
seventy thousand or more to conduct a primary or general or special
election in this state unless it correctly records on a separate ballot
the votes cast by each elector for any person and for or against any
measure and such separate ballots are available for audit purposes
after such a primary or election.
(2) ((Beginning January 1, 1993,)) The secretary of state shall not
certify under this title any voting device or machine for use in
conducting a primary or general or special election in this state
unless the device or machine correctly records on a separate ballot the
votes cast by each elector for any person and for or against any
measure and such separate ballots are available for audit purposes
after such a primary or election.
(((3) Beginning January 1, 1993, a county with a population of less
than seventy thousand may use a voting machine or device for conducting
a primary or general or special election which does not record on a
separate ballot, available for audit purposes after the primary or
election, the votes cast by each elector for any person and for or
against any measure if:))
(a) The device was certified under this title before January 1,
1993, for use in this state;
(b) The device otherwise satisfies the requirements of this title;
and
(c) Not more than twenty percent of the votes cast during any
primary or general or special election conducted after January 1, 1998,
in the county are cast using such a machine or device.
(4) The purpose of subsection (3) of this section is to permit less
populous counties to replace voting equipment in stages over several
years. These less populous counties are, nonetheless, encouraged to
secure as expeditiously as possible voting equipment which would
satisfy the requirements of subsection (1) of this section established
for more populous counties.
Sec. 401 RCW 29.57.010 and 1999 c 298 s 13 are each amended to
read as follows:handicapped)) disabled persons.
County auditors shall:
(1) Make modifications such as installation of temporary ramps or
relocation of polling places within buildings, where appropriate;
(2) Designate new, accessible polling places to replace those that
are inaccessible; and
(3) Continue to use polling places and voter registration locations
which are accessible to elderly and ((handicapped)) disabled persons.
Sec. 402 RCW 29.57.090 and 1999 c 298 s 15 are each amended to
read as follows:handicapped)) disabled or elderly voter assigned to an
inaccessible polling place will, upon advance request of that voter,
either be permitted to vote at an alternative accessible polling place
not overly inconvenient to that voter or be provided with an
alternative means of casting a ballot on the day of the primary or
election. The county auditor shall make any accommodations in voting
procedures necessary to allow the use of alternative polling places by
elderly or ((handicapped)) disabled voters under this section.
Sec.403 RCW 29.57.160 and 1999 c 298 s 20 are each amended to
read as follows:
(2) The cost of those modifications to buildings or other
facilities, including signs designating ((handicapped)) disabled
accessible parking and entrances, that are necessary to permit the use
of those facilities for polling places under this chapter or any
procedures established under RCW 29.57.090 shall be treated as election
costs and prorated under RCW 29.13.045.
Sec. 404 RCW 29.04.040 and 1999 c 158 s 3 are each amended to
read as follows:No paper ballot precinct may contain
more than three hundred active registered voters. The county
legislative authority may divide, alter, or combine precincts so that,
whenever practicable, over-populated precincts shall contain no more
than two hundred fifty active registered voters in anticipation of
future growth.)) Precinct boundaries may be altered at any time as long as
sufficient time exists prior to a given election for the necessary
procedural steps to be honored. Except as permitted under subsection
((
(2)(5))) (4) of this section, no precinct boundaries may be changed
during the period starting on the thirtieth day prior to the first day
for candidates to file for the primary election and ending with the day
of the general election.
(((3))) (2) Precincts in which voting machines or electronic voting
devices are used may contain as many as nine hundred active registered
voters. The number of poll-site ballot counting devices at each
polling place is at the discretion of the auditor. The number of
devices must be adequate to meet the expected voter turnout.
(((4))) (3) On petition of twenty-five or more voters resident more
than ten miles from any polling site, the county legislative authority
shall establish a separate voting precinct therefor.
(((5))) (4) The county auditor shall temporarily adjust precinct
boundaries when a city or town annexes unincorporated territory to the
city or town, or whenever unincorporated territory is incorporated as
a city or town. The adjustment ((shall)) must be made as soon as
possible after the approval of the annexation or incorporation. The
temporary adjustment ((shall)) must be limited to the minimum changes
necessary to accommodate the addition of the territory to the city or
town, or to establish the eligible voters within the boundaries of the
new city or town, and ((shall)) remains in effect only until precinct
boundary modifications reflecting the annexation or incorporation are
adopted by the county legislative authority.
The county legislative authority may establish by ordinance a
limitation on the maximum number of active registered voters in each
precinct within its jurisdiction. The limitation may be different for
precincts based upon the method of voting used for such precincts and
the number may be less than the number established by law, but in no
case may the number exceed that authorized by law.
The county legislative authority of each county in the state
hereafter formed shall, at their first session, divide their respective
counties into election precincts ((with two hundred fifty active
registered voters or less)) and establish the boundaries of the
precincts. The county auditor shall thereupon designate the voting
place for each such precinct or whether the precinct is a vote by mail
precinct.
(((6))) (5) In determining the number of active registered voters
for the purposes of this section, persons who are ongoing absentee
voters under RCW ((29.36.013)) 29.36.240 (as recodified by this act)
shall not be counted. Nothing in this subsection may be construed as
altering the vote tallying requirements of RCW 29.62.090.
Sec. 405 RCW 29.04.050 and 1999 c 298 s 1 are each amended to
read as follows:and)) a single
district of a county legislative authority, and, if applicable, a
single city.
(2) Every voting precinct shall be composed, as nearly as
practicable, of contiguous and compact areas.
(3) Except as provided in this subsection, changes to the
boundaries of any precinct shall follow visible, physical features
delineated on the most current maps provided by the United States
census bureau. A change need not follow such visible, physical
features if (a) it is necessitated by an annexation or incorporation
and the proposed precinct boundary is identical to an exterior boundary
of the annexed or incorporated area which does not follow a visible,
physical feature; or (b) doing so would substantially impair election
administration in the involved area.
(4) After a change to precinct boundaries is adopted by the county
legislative authority, if the change does not follow visible physical
features, the county auditor shall send to the secretary of state ((a))
an electronic or paper copy of the ((legal)) description ((and)), a map
or maps of the changes, and((, if all or part of the changes do not
follow visible, physical features,)) a statement of the applicable
exception under subsection (3) of this section. For boundary changes
made pursuant to subsection (3)(b) of this section, the auditor shall
include a statement of the reasons why following visible, physical
features would have substantially impaired election administration.
(5) Every voting precinct within each county shall be designated by
number for the purpose of preparation of maps and the tabulation of
population for apportionment purposes. These precincts may be
identified with names or other numbers for other election purposes.
(6) After a change to precinct boundaries in a city or town, the
county auditor shall send one copy of the map or maps delineating the
new precinct boundaries within that city or town to the city or town
clerk.
(7) Precinct maps are public records and shall be available for
inspection by the public during normal office hours in the offices
where they are kept. Copies shall be made available to the public for
a fee necessary to cover the cost of reproduction.
Sec. 406 RCW 29.04.055 and 2001 c 241 s 22 are each reenacted to
read as follows:
Sec. 407 RCW 29.48.005 and 1965 c 9 s 29.48.005 are each amended
to read as follows:: PROVIDED, That)). However, such
polling places ((shall)) must be located within a reasonable distance
of their respective precincts. The purpose of this section is to
furnish adequate voting facilities at readily accessible and
identifiable locations, and nothing ((herein shall be construed as
affecting)) in this section affects the number, method of selection, or
duties of precinct election officers.
Sec. 408 RCW 29.48.007 and 1985 c 205 s 14 are each reenacted to
read as follows:
Sec. 409 RCW 29.57.040 and 1979 ex.s. c 64 s 4 are
each reenacted
to read as follows:
Sec. 410 RCW 29.57.070 and 1999 c 298 s 14 are each reenacted to
read as follows:
If a county auditor's list shows, for two consecutive reporting
periods, that no polling places have been found inaccessible, the
auditor need not submit further reports unless the secretary of state
specifically reinstates the requirement for that county. Notice of
reinstatement must be in writing and delivered at least sixty days
before the reporting date.
Sec. 411 RCW 29.57.100 and 1999 c 298 s 16 are each reenacted to
read as follows:
(1) The county auditor has determined that it is inaccessible, that
no alternative accessible polling place is available, that no temporary
modification of that polling place or any alternative polling place is
possible, and that the county auditor has complied with the procedures
established under RCW 29.57.090; or
(2) The secretary of state determines that a state of emergency
exists that would otherwise interfere with the efficient administration
of the primary or election.
Sec. 412 RCW 29.57.050 and 1979 ex.s.
c 64 s 5 are each reenacted
to read as follows:
Sec. 413 RCW 29.57.150 and 1999 c 298 s 19 are each reenacted to
read as follows:
Sec. 501 RCW 29.27.090 and 1965 c 9 s 29.27.090 are each amended
to read as follows:,)) and each county auditor ((of each county, and clerks of the
several municipal corporations)) shall preserve all ((certificates of
nomination)) declarations of candidacy filed in their respective
offices for six months. All ((certificates shall)) declarations of
candidacy must be open to public inspection ((under proper regulations
made by the officer with whom they are filed)).
Sec. 502 RCW 29.15.025 and 1999 c 298 s 9 are each amended to
read as follows:and affidavit)) of candidacy for an office
shall, at the time of filing, be a registered voter and possess the
qualifications specified by law for persons who may be elected to the
office.
(2) Excluding the office of precinct committee officer or a
temporary
elected position such as a charter review board member or
freeholder, no person may file for more than one office.
(3) The name of a candidate for an office shall not appear on a
ballot for that office unless, except as provided in RCW 3.46.067 and
3.50.057, the candidate is, at the time the candidate's declaration
((and affidavit)) of candidacy is filed, properly registered to vote in
the geographic area represented by the office. For the purposes of
this section, each geographic area in which registered voters may cast
ballots for an office is represented by that office. If a person
elected to an office must be nominated from a district or similar
division of the geographic area represented by the office, the name of
a candidate for the office shall not appear on a primary ballot for
that office unless the candidate is, at the time the candidate's
declaration ((and affidavit)) of candidacy is filed, properly
registered to vote in that district or division. The officer with whom
declarations ((and affidavits)) of candidacy must be filed under this
title shall review each such declaration filed regarding compliance
with this subsection.
(((3))) (4) This section does not apply to the office of a member
of the United States Congress.
Sec. 503 RCW 29.13.050 and 1979 ex.s. c 126 s 14 are each amended
to read as follows:shall)) begins in accordance with
RCW 29.04.170((: PROVIDED, That any)). However, a person elected to
less than a full term shall assume office as soon as the election
returns have been certified and he or she is qualified in accordance
with RCW 29.01.135.
Each board of directors of every district shall be organized at the
first meeting held after one or more newly elected directors take
office.
Sec. 504 RCW 29.04.170 and 1999 c 298 s 3 are each amended to
read as follows:election)) assumption of office of various
local officials. The purpose of ((chapter 126, Laws of 1979 ex.
sess.)) this section is to provide a common date for the assumption of
office for all the elected officials of counties, cities, towns, and
special purpose districts other than school districts where the
ownership of property is not a prerequisite of voting. A person
elected to the office of school director begins his or her term of
office at the first official meeting of the board of directors after
certification of the election results. It is also the purpose of
((chapter 126, Laws of 1979 ex. sess.)) this section to remove these
conflicts and delete old statutory language concerning such elections
which is no longer necessary.
(2) For elective offices of counties, cities, towns, and special
purpose districts other than school districts where the ownership of
property is not a prerequisite of voting, the term of incumbents
((shall)) ends and the term of successors ((shall)) begins after the
successor is elected and qualified, and the term ((shall)) commences
immediately after December 31st following the election, except as
follows:
(a) Where the term of office varies from this standard according to
statute; and
(b) If the election results have not been certified prior to
January 1st after the election, in which event the time of commencement
for the new term ((shall)) occurs when the successor becomes qualified
in accordance with RCW 29.01.135.
(3) For elective offices governed by this section, the oath of
office ((shall)) must be taken as the last step of qualification as
defined in RCW 29.01.135 but may be taken either:
(a) Up to ten days prior to the scheduled date of assuming office;
or
(b) At the last regular meeting of the governing body of the
applicable county, city, town, or special district held before the
winner is to assume office.
Sec. 505 RCW 29.24.010 and 1977 ex.s. c 329 s 1 are each amended
to read as follows:
Sec. 506 RCW 29.24.020 and 2001 c 30 s 2 are each reenacted to
read as follows:
PERIOD.
(2) Nominations of candidates for president and vice president of
the United States other than by a major political party may be made
either at a convention conducted under subsection (1) of this section,
or at a similar convention taking place not earlier than the first
Sunday in July and not later than seventy days before the general
election. Conventions held during this time period may not nominate
candidates for any public office other than president and vice
president of the United States, except as provided in subsection (3) of
this section.
(3) If a special filing period for a partisan office is opened
under RCW 29.15.230, candidates of minor political parties and
independent candidates may file for office during that special filing
period. The names of those candidates may not appear on the ballot
unless they are nominated by convention held no later than five days
after the close of the special filing period and a certificate of
nomination is filed with the filing officer no later than three days
after the convention. The requirements of RCW 29.24.025 do not apply
to such a convention. If primary ballots or a voters' pamphlet are
ordered to be printed before the deadline for submitting the
certificate of nomination and the certificate has not been filed, then
the candidate's name will be included but may not appear on the general
election ballot unless the certificate is timely filed and the
candidate otherwise qualifies to appear on that ballot.
(4) A minor political party may hold more than one convention but
in no case shall any such party nominate more than one candidate for
any one partisan public office or position. For the purpose of
nominating candidates for the offices of president and vice president,
United States senator, or a statewide office, a minor party or
independent candidate holding multiple conventions may add together the
number of signatures of different individuals from each convention
obtained in support of the candidate or candidates in order to obtain
the number required by RCW 29.24.030. For all other offices for which
nominations are made, signatures of the requisite number of registered
voters must be obtained at a single convention.
Sec. 507 RCW 29.24.025 and 1989 c 215 s 1 are each reenacted to
read as follows:
Sec. 508 RCW 29.24.030 and 1989 c 215 s 3 are each reenacted to
read as follows:
(2) In order to nominate candidates for the offices of president
and vice president of the United States, United States senator, or any
statewide office, a nominating convention shall obtain and submit to
the filing officer the signatures of at least two hundred registered
voters of the state of Washington. In order to nominate candidates for
any other office, a nominating convention shall obtain and submit to
the filing officer the signatures of twenty-five persons who are
registered to vote in the jurisdiction of the office for which the
nominations are made.
Sec. 509 RCW 29.24.035 and 2001 c 64 s 1 are each reenacted to
read as follows:
Sec. 510 RCW 29.24.040 and 1989 c 215 s 4 are each amended to
read as follows:
(1) Be in writing;
(2) Contain the name of each person nominated, his or her
residence, and the office for which he or she is named, and if the
nomination is for the offices of president and vice president of the
United States, a sworn statement from both nominees giving their
consent to the nomination;
(3) Identify the minor political party or the independent candidate
on whose behalf the convention was held;
(4) Be verified by the oath of the presiding officer and secretary;
(5) Be accompanied by a nominating petition or petitions bearing
the signatures and addresses of registered voters equal in number to
that required by RCW 29.24.030;
(6) Contain proof of publication of the notice of calling the
convention; and
(7) Be submitted to the appropriate filing officer not later than
one week following the adjournment of the convention at which the
nominations were made. If the nominations are made only for offices
whose jurisdiction is entirely within one county, the certificate and
nominating petitions must be filed with the county auditor. If a minor
party or independent candidate convention nominates any candidates for
offices whose jurisdiction encompasses more than one county, all
nominating petitions and the convention certificates must be filed with
the secretary of state.
Sec. 511 RCW 29.24.045 and 2001 c 30 s 4 are each reenacted to
read as follows:
(2) A person affected may petition the superior court of the county
in which the filing officer is located for a judicial determination of
the right to the name of a minor political party, either before or
after documents are filed with the filing officer. The court shall
resolve the conflict between competing claims to the use of the same
party name according to the following principles: (a) The prior
established public use of the name during previous elections by a party
composed of or led by the same individuals or individuals in documented
succession; (b) prior established public use of the name earlier in the
same election cycle; (c) the nomination of a more complete slate of
candidates for a number of offices or in a number of different regions
of the state; (d) documented affiliation with a national or statewide
party organization with an established use of the name; (e) the first
date of filing of a certificate of nomination; and (f) such other
indicia of an established right to use of the name as the court may
deem relevant. If more than one filing officer is involved, and one of
them is the secretary of state, the petition must be filed in the
superior court for Thurston county. Upon resolving the conflict
between competing claims, the court may also address any ballot
designation for the candidate who does not prevail.
Sec. 512 RCW 29.24.055 and 1989 c 215 s 6 are each reenacted to
read as follows:
Sec. 513 RCW 29.24.060 and 1989 c 215 s 7 are each reenacted to
read as follows:
Sec. 514 RCW 29.24.070 and 1990 c 59 s 103
are each amended to
read as follows:
Sec. 601 RCW 29.15.130 and 1990 c 59 s 79 are each reenacted to
read as follows:
The positions so designated shall be dealt with as separate offices
for all election purposes. With the exception of the office of justice
of the supreme court, the position numbers shall be assigned, whenever
possible, to reflect the position numbers that were used to designate
the same positions at the last full-term election for those offices.
Sec. 602 RCW 29.15.140 and 1990 c 59 s 92 are each reenacted to
read as follows:
In filing the declaration of candidacy in such cases the candidate
shall specify that the candidacy is for the short term, the full term,
or the unexpired term. When both a short term and a full term for the
same position are scheduled to be voted upon, or when a short term is
created after the close of the filing period, a single declaration of
candidacy accompanied by a single filing fee shall be construed as a
filing for both the short term and the full term and the name of such
candidate shall appear upon the ballot for the position sought with the
designation "short term and full term." The candidate elected to both
such terms shall be sworn into and assume office for the short term as
soon as the election returns have been certified and shall again be
sworn into office on the second Monday in January following the
election to assume office for the full term.
Sec. 603 RCW 29.15.010 and 2002 c 140 s 1 are each amended to
read as follows:and affidavit)) of candidacy.
The secretary of state shall adopt, by rule, a declaration of candidacy
form for the office of precinct committee officer and a separate
standard form for candidates for all other offices filing under this
chapter. Included on the standard form shall be:
(1) A place for the candidate to declare that he or she is a
registered voter within the jurisdiction of the office for which he or
she is filing, and the address at which he or she is registered;
(2) A place for the candidate to indicate the position for which he
or she is filing;
(3) A place for the candidate to indicate a party designation, if
applicable;
(4) A place for the candidate to indicate the amount of the filing
fee accompanying the declaration of candidacy or for the candidate to
indicate that he or she is filing a nominating petition in lieu of the
filing fee under RCW 29.15.050;
(5) A place for the candidate to sign the declaration of candidacy,
stating that the information provided on the form is true and swearing
or affirming that he or she will support the Constitution and laws of
the United States and the Constitution and laws of the state of
Washington.
In the case of a declaration of candidacy filed electronically,
submission of the form constitutes agreement that the information
provided with the filing is true, that he or she will support the
Constitutions and laws of the United States and the state of
Washington, and that he or she agrees to electronic payment of the
filing fee established in RCW 29.15.050.
The secretary of state may require any other information on the
form he or she deems appropriate to facilitate the filing process.
Sec. 604 RCW 29.15.044 and 2002 c 140 s 2 are each reenacted to
read as follows:
(1) Filings that are received electronically must capture all
information specified in RCW 29.15.010 (1) through (4).
(2) Electronic filing may begin at 9:00 a.m. the fourth Monday in
July and continue through 4:00 p.m. the following Friday.
(3) In case of special filing periods established in this chapter,
electronic filings may be accepted beginning at 9:00 a.m. on the first
day of the special filing period through 4:00 p.m. the last day of the
special filing period.
Sec. 605 RCW 29.15.020 and 1990 c 59 s 81 are each reenacted to
read as follows:
(1) Offices that are scheduled to be voted upon for full terms or
both full terms and short terms at, or in conjunction with, a state
general election; and
(2) Offices where a vacancy, other than a short term, exists that
has not been filled by election and for which an election to fill the
vacancy is required in conjunction with the next state general
election.
This section supersedes all other statutes that provide for a
different filing period for these offices.
Sec. 606 RCW 29.15.090 and 1990 c 59 s 83 are each amended to
read as follows:
No candidate may:
(1) Use a nickname that denotes present or past occupation,
including military rank;
(2) Use a nickname that denotes the candidate's position on issues
or political affiliation;
(3) Use a nickname designed intentionally to mislead voters.
((The secretary of state shall adopt rules to resolve those
instances when candidates have filed for the same office whose last
names are so similar in sound or spelling as to be confusing to the
voter.))
Sec. 607 RCW 29.15.030 and 2002 c 140 s 4 are each amended to
read as follows:
(1) The secretary of state for declarations of candidacy for
statewide offices, United States senate, and United States house of
representatives;
(2) The secretary of state for declarations of candidacy for the
state legislature, the court of appeals, and the superior court when
voters from a district comprising more than one county vote upon the
candidates;
(3) The county auditor for all other offices. For any nonpartisan
office, other than judicial offices and school director in joint
districts, where voters from a district comprising more than one county
vote upon the candidates, a declaration of candidacy shall be filed
with the county auditor of the county in which a majority of the
registered voters of the district reside. For school directors in
joint school districts, the declaration of candidacy shall be filed
with the county auditor of the county designated by the state board of
education as the county to which the joint school district is
considered as belonging under RCW 28A.323.040.
Each official with whom declarations of candidacy are filed under
this section, within one business day following the closing of the
applicable filing period, shall transmit to the public disclosure
commission the information required in RCW 29.15.010 (1) through (4)
for each declaration of candidacy filed in his or her office during
such filing period or a list containing the name of each candidate who
files such a declaration in his or her office during such filing period
together with a precise identification of the position sought by each
such candidate and the date on which each such declaration was filed.
Such official, within three days following his or her receipt of any
letter withdrawing a person's name as a candidate, shall also forward
a copy of such withdrawal letter to the public disclosure commission.
Sec. 608 RCW 29.15.040 and 1987 c 110 s 2 are each reenacted to
read as follows:
(1) Any declaration received by the filing officer by mail before
the tenth business day immediately preceding the first day for
candidates to file for office shall be returned to the candidate
submitting it, together with a notification that the declaration of
candidacy was received too early to be processed. The candidate shall
then be permitted to resubmit his or her declaration of candidacy
during the filing period.
(2) Any properly executed declaration of candidacy received by mail
on or after the tenth business day immediately preceding the first day
for candidates to file for office and before the close of business on
the last day of the filing period shall be included with filings made
in person during the filing period. In partisan and judicial elections
the filing officer shall determine by lot the order in which the names
of those candidates shall appear upon sample and absentee primary
ballots.
(3) Any declaration of candidacy received by the filing officer
after the close of business on the last day for candidates to file for
office shall be rejected and returned to the candidate attempting to
file it.
Sec. 609 RCW 29.15.050 and 1999 c 298 s 10 are each reenacted to
read as follows:
A candidate who lacks sufficient assets or income at the time of
filing to pay the filing fee required by this section shall submit with
his or her declaration of candidacy a nominating petition. The
petition shall contain not less than a number of signatures of
registered voters equal to the number of dollars of the filing fee.
The
signatures shall be of voters registered to vote within the
jurisdiction of the office for which the candidate is filing.
When the candidacy is for:
(1) A legislative or judicial office that includes territory from
more than one county, the fee shall be paid to the secretary of state
for equal division between the treasuries of the counties comprising
the district.
(2) A city or town office, the fee shall be paid to the county
auditor who shall transmit it to the city or town clerk for deposit in
the city or town treasury.
Sec. 610 RCW 29.15.060 and 1984 c 142 s 5 are each amended to
read as follows:shall)) must be
in substantially the following form:
Any person who signs this petition with any other than his or her true name, or who knowingly (1) signs more than one petition for any single candidate, (2) signs the petition when he or she is not a legal voter, or (3) makes any false statement may be subject to fine, or imprisonment, or both.)) The warning prescribed by RCW 29.79.115; followed by:
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Sec. 611 RCW 29.15.070 and 1984 c 142 s 6 are each reenacted to
read as follows:
(1) The petition is not in the proper form;
(2) The petition clearly bears insufficient signatures;
(3) The petition is not accompanied by a declaration of candidacy;
(4) The time within which the petition and the declaration of
candidacy could have been filed has expired.
If the petition is accepted, the officer with whom it is filed
shall canvass the signatures contained on it and shall reject the
signatures of those persons who are not registered voters and the
signatures of those persons who are not registered to vote within the
jurisdiction of the office for which the nominating petition is filed.
He or she shall additionally reject any signature that appears on the
nominating petitions of two or more candidates for the same office and
shall also reject, each time it appears, the name of any person who
signs the same petition more than once.
If the officer with whom the petition is filed refuses to accept
the petition or refuses to certify the petition as bearing sufficient
valid signatures, the person filing the petition may appeal that action
to the superior court. The application for judicial review shall take
precedence over other cases and matters and shall be speedily heard and
determined.
Sec. 612 RCW 29.15.125 and 1994 c 223 s 7 are each reenacted to
read as follows:
Sec. 613 RCW
29.15.120 and 1994 c 223 s 6 are each reenacted to
read as follows:
Sec. 614 RCW 29.15.160 and 1975-'76 2nd ex.s. c 120 s 9 are each
reenacted to read as follows:
Sec. 615 RCW 29.15.210 and 1972 ex.s. c 61 s 5 are each reenacted
to read as follows:
Sec. 616 RCW 29.15.220 and 1972 ex.s. c 61 s 6 are each amended
to read as follows:shall)) must be made in the
same manner and with the same official as required during the regular
filing period for such office((: PROVIDED)), except that nominating
signature petitions ((which)) that may be required of candidates filing
for certain district offices during the normal filing period ((shall))
may not be required of candidates filing during the special three-day
filing period.
Sec. 617 RCW 29.15.170 and 2001 c 46 s 1 are each reenacted to
read as follows:
(1) A void in candidacy occurs;
(2) A vacancy occurs in any nonpartisan office leaving an unexpired
term to be filled by an election for which filings have not been held;
or
(3) A nominee for judge of the superior court entitled to a
certificate of election pursuant to Article 4, section 29, Amendment 41
of the state Constitution, dies or is disqualified.
Candidacies validly filed within said three-day period shall appear
on the ballot as if made during the earlier filing period.
Sec. 618 RCW 29.15.180 and 2001 c 46 s 2 are each reenacted to
read as follows:
(1) A void in candidacy for such nonpartisan office occurs on or
after the sixth Tuesday prior to a primary but prior to the sixth
Tuesday before an election; or
(2) A nominee for judge of the superior court eligible after a
contested primary for a certificate of election by Article 4, section
29, Amendment 41 of the state Constitution, dies or is disqualified
within the ten day period immediately following the last day allotted
for a candidate to withdraw; or
(3) A vacancy occurs in any nonpartisan office on or after the
sixth Tuesday prior to a primary but prior to the sixth Tuesday before
an election leaving an unexpired term to be filled by an election for
which filings have not been held.
The candidate receiving a plurality of the votes cast for that
office in the general election shall be deemed elected.
Sec. 619 RCW 29.15.190 and 2002 c 108 s 1 are each amended to
read as follows:
(1) In an election for judge of the supreme court or superintendent
of public instruction, a void in candidacy occurs on or after the sixth
Tuesday prior to a primary, public filings and the primary being an
indispensable phase of the election process for such offices;
(2) Except as otherwise specified in RCW 29.15.180, ((as now or
hereafter amended,)) a nominee for judge of the superior court entitled
to a certificate of election pursuant to Article 4, section 29,
Amendment 41 of the state Constitution dies or is disqualified on or
after the sixth Tuesday prior to a primary;
(3) In other elections for nonpartisan office a void in candidacy
occurs or a vacancy occurs involving an unexpired term to be filled on
or after the sixth Tuesday prior to an election.
Sec. 620 RCW 29.15.200 and 1994 c 223 s 8 are each reenacted to
read as follows:
Sec. 621 RCW 29.15.230 and 2001 c 46 s 3 are each reenacted to
read as follows:
Any such special three-day filing period shall be fixed by the
election officer with whom declarations of candidacy for that office
are filed. The election officer shall give notice of the special
three-day filing period by notifying the press, radio, and television
in the county or counties involved, and by such other means as may be
required by law.
Candidacies validly filed within the special three-day filing
period shall appear on the primary ballot as if filed during the
regular filing period.
Sec. 622 RCW 29.04.180 and 1999 c 157 s 1 are each amended to
read as follows:, if the jurisdiction of the office sought is entirely
within one county,)) file a declaration of candidacy with the ((county
auditor)) officer designated in RCW 29.15.030 not later than the day
before the primary or election. ((If the jurisdiction of the office
sought encompasses more than one county the declaration of candidacy
shall be filed with the secretary of state not later than the day
before the primary or election.)) Declarations of candidacy for write-in candidates must be accompanied by a filing fee in the same manner as
required of other candidates filing for the office as provided in RCW
29.15.050.
Votes cast for write-in candidates who have filed such declarations
of candidacy and write-in votes for persons appointed by political
parties pursuant to RCW 29.18.160 need only specify the name of the
candidate in the appropriate location on the ballot in order to be
counted. Write-in votes cast for any other candidate, in order to be
counted, must designate the office sought and position number or
political party, if ((applicable)) the manner in which the write-in is
done does not make the office or position clear. In order for write-in
votes to be valid in jurisdictions employing optical-scan mark sense
ballot systems the voter must complete the proper mark next to the
write-in line for that office.
No person may file as a write-in candidate where:
(1) At a general election, the person attempting to file either
filed as a write-in candidate for the same office at the preceding
primary or the person's name appeared on the ballot for the same office
at the preceding primary;
(2) The person attempting to file as a write-in candidate has
already filed a valid write-in declaration for that primary or
election, unless one or the other of the two filings is for the office
of precinct committeeperson;
(3) The name of the person attempting to file already appears on
the ballot as a candidate for another office, unless one of the two
offices for which he or she is a candidate is precinct committeeperson.
The declaration of candidacy shall be similar to that required by
RCW 29.15.010. No write-in candidate filing under RCW 29.04.180 may be
included in any voter's pamphlet produced under chapter ((29.80)) 29.81
RCW (as recodified by this act) unless that candidate qualifies to have
his or her name printed on the general election ballot. The
legislative authority of any jurisdiction producing a local voter's
pamphlet under chapter 29.81A RCW may provide, by ordinance, for the
inclusion of write-in candidates in such pamphlets.
Sec. 623 RCW
29.04.190 and 1988 c 181 s 2 are each reenacted to
read as follows:
Sec. 701 RCW 29.18.150 and 1990 c 59 s 102 are each amended to
read as follows:
FILLED. Should)) If a place on the ticket of a major political party
((be)) is vacant because no person has filed for nomination as the
candidate of that major political party, after the last day allowed for
candidates to withdraw as provided by RCW 29.15.120, and if the vacancy
is for a state or county office to be voted on solely by the electors
of a single county, the county central committee of the major political
party may select and certify a candidate to fill the vacancy((;)). If
the vacancy is for any other office the state central committee of the
major political party may select and certify a candidate to fill the
vacancy((;)). The certificate must set forth the cause of the vacancy,
the name of the person nominated, the office for which ((he)) the
person is nominated, and other pertinent information required in an
ordinary certificate of nomination and be filed in the proper office no
later than the first Friday after the last day allowed for candidates
to withdraw, together with the candidate's fee applicable to that
office and a declaration of candidacy.
Sec. 702 RCW 29.18.160 and 2001 c 46 s 4 are each amended to read
as follows:
((Should such)) If the vacancy occurs no later than the sixth
Tuesday prior to the state primary or general election concerned and
the ballots have been printed, it shall be mandatory that they be
corrected by the appropriate election officers. In making such
correction, it shall not be necessary to reprint complete ballots if
any other less expensive technique can be used and the resulting
correction is reasonably clear.
((Should such)) If the vacancy occurs after the sixth Tuesday prior
to ((said)) the state primary or general election and time does not
exist in which to correct ballots (including absentee ballots), either
in total or in part, then the votes cast or recorded for the person who
has died or become disqualified shall be counted for the person who has
been named to fill such vacancy.
When the secretary of state is the person with whom the appointment
by the major or minor political party is filed, ((he)) the secretary
shall, in certifying candidates or nominations to the various county
officers insert the name of the person appointed to fill a vacancy.
((In the event that)) If the secretary of state has already sent
forth ((his)) the certificate when the appointment to fill a vacancy is
filed ((with him)), ((he)) the secretary shall forthwith certify to the
county auditors of the proper counties the name and place of residence
of the person appointed to fill a vacancy, the office for which ((he))
the person is a candidate or nominee, the party ((he)) the person
represents, and all other pertinent facts pertaining to the vacancy.
Sec. 703 RCW 29.68.070 and 1985 c 45 s 3 are each reenacted to
read as follows:
Sec. 704 RCW 29.68.080 and 1990 c 59 s 105 are each amended to
read as follows:office of)) United States house of representatives or the United
States ((senator)) senate from this state ((or any congressional
district of this state)), the governor shall order a special election
to fill the vacancy.
(2) Within ten days of such vacancy occurring, he or she shall
issue a writ of election fixing a date for the special vacancy election
not less than ninety days after the issuance of the writ, fixing a date
for the primary for nominating candidates for the special vacancy
election not less than thirty days before the day fixed for holding the
special vacancy election, fixing the dates for the special filing
period, and designating the term or part of the term for which the
vacancy exists. If the vacancy is in the office of United States
representative, the writ of election shall specify the congressional
district that is vacant.
(3) If the vacancy occurs less than six months before a state
general election and before the second Friday following the close of
the filing period for that general election, the special primary and
special vacancy elections shall be held in concert with the state
primary and state general election in that year.
(4) If the vacancy occurs on or after the first day for filing
under RCW 29.15.020 and on or before the second Friday following the
close of the filing period, a special filing period of three normal
business days shall be fixed by the governor and notice thereof given
to all media, including press, radio, and television within the area in
which the vacancy election is to be held, to the end that, insofar as
possible, all interested persons will be aware of such filing period.
The last day of the filing period shall not be later than the third
Tuesday before the primary at which candidates are to be nominated.
The names of candidates who have filed valid declarations of candidacy
during this three-day period shall appear on the approaching primary
ballot.
(5) If the vacancy occurs later than the second Friday following
the close of the filing period, a special primary and special vacancy
election to fill the position shall be held after the next state
general election but, in any event, no later than the ninetieth day
following the November election.
(((6) As used in this chapter, "county" means, in the case of a
vacancy in the office of United States senator, any or all of the
counties in the state and, in the case of a vacancy in the office of
United States representative, only those counties wholly or partly
within the congressional district in which the vacancy has occurred.))
Sec. 705 RCW 29.68.100 and 1985 c 45 s 5 are each amended to read
as follows:office of)) United States house of representatives or
the United States ((senator)) senate from this state, the governor
shall immediately notify the secretary of state who shall, in turn,
immediately notify the county auditor of each county wholly or partly
within which the vacancy exists.
Each county auditor shall publish notices of the special primary
and the special vacancy election at least once in any legal newspaper
published in the county, as provided by RCW 29.27.030 and 29.27.080
respectively.
Sec. 706 RCW 29.68.130 and 1985 c 45 s 7 are each amended to read
as follows:29.68.120)) 29.68.100 (as
recodified by this act) to the extent that they are not inconsistent
with the provisions of these sections. Statutory time deadlines
relating to availability of absentee ballots, certification,
canvassing, and related procedures that cannot be met in a timely
fashion may be modified for the purposes of a specific primary or
vacancy election under this chapter by the secretary of state through
emergency rules adopted under RCW 29.04.080.
NEW SECTION. Sec.707
Sec. 801 RCW 29.81.210 and 1999 c 260 s 1 are each reenacted to
read as follows:
The secretary of state shall distribute the voters' pamphlet to
each household in the state, to public libraries, and to any other
locations he or she deems appropriate. The secretary of state shall
also produce taped or Braille transcripts of the voters' pamphlet,
publicize their availability, and mail without charge a copy to any
person who requests one.
The secretary of state may make the material required to be
distributed by this chapter available to the public in electronic form.
The secretary of state may provide the material in electronic form to
computer bulletin boards, print and broadcast news media, community
computer networks, and similar services at the cost of reproduction or
transmission of the data.
Sec. 802 RCW 29.04.035 and 1984 c 41 s 1 are each amended to read
as follows:or candidates' pamphlet or combination thereof,
which pamphlet or combination)) that was published by the secretary of
state during the ten-year period ((prior to)) before the publication or
distribution of the campaign material by the person or entity. The
secretary of state shall take reasonable measures to prevent or to stop
violations of this section. Such measures may include, among others,
petitioning the superior court for a temporary restraining order or
other appropriate injunctive relief. In addition, the secretary may
request the superior court to impose a civil fine on a violator of this
section. The court is authorized to levy on and recover from each
violator a civil fine not to exceed the greater of: (1) Two dollars
for each copy of the deceptive material distributed, or (2) one
thousand dollars. In addition, the violator ((shall be)) is liable for
the state's legal expenses and other costs resulting from the
violation. Any funds recovered under this section ((shall)) must be
transmitted to the state treasurer for deposit in the general fund.
Sec. 803 RCW 29.81.220 and 1999 c 260 s 2 are each reenacted to
read as follows:
(1) Information about each ballot measure initiated by or referred
to the voters for their approval or rejection as required by RCW
29.81.250;
(2) In even-numbered years, statements, if submitted, advocating
the candidacies of nominees for the office of president and vice
president of the United States, United States senator, United States
representative, governor, lieutenant governor, secretary of state,
state treasurer, state auditor, attorney general, commissioner of
public lands, superintendent of public instruction, insurance
commissioner, state senator, state representative, justice of the
supreme court, judge of the court of appeals, or judge of the superior
court. Candidates may also submit a campaign mailing address and
telephone number and a photograph not more than five years old and of
a size and quality that the secretary of state determines to be
suitable for reproduction in the voters' pamphlet;
(3) In odd-numbered years, if any office voted upon statewide
appears on the ballot due to a vacancy, then statements and photographs
for candidates for any vacant office listed in subsection (2) of this
section must appear;
(4) In even-numbered years, a section explaining how voters may
participate in the election campaign process; the address and telephone
number of the public disclosure commission established under RCW
42.17.350; and a summary of the disclosure requirements that apply when
contributions are made to candidates and political committees;
(5) In even-numbered years the name, address, and telephone number
of each political party with nominees listed in the pamphlet, if filed
with the secretary of state by the state committee of a major political
party or the presiding officer of the convention of a minor political
party;
(6) In each odd-numbered year immediately before a year in which a
president of the United States is to be nominated and elected,
information explaining the precinct caucus and convention process used
by each major political party to elect delegates to its national
presidential candidate nominating convention. The pamphlet must also
provide a description of the statutory procedures by which minor
political parties are formed and the statutory methods used by the
parties to nominate candidates for president;
(7) In even-numbered years, a description of the office of precinct
committee officer and its duties;
(8) An application form for an absentee ballot;
(9) A brief statement explaining the deletion and addition of
language for proposed measures under RCW 29.81.260;
(10) Any additional information pertaining to elections as may be
required by law or in the judgment of the secretary of state is deemed
informative to the voters.
Sec. 804 RCW 29.81.230 and 1999 c 260 s 3 are each reenacted to
read as follows:
(2) When the explanatory statement for a measure initiated by
petition is filed with the secretary of state, the secretary of state
shall immediately provide the text of the explanatory statement to the
person proposing the measure and any others who have made written
request for notification of the exact language of the explanatory
statement. When the explanatory statement for a measure referred to
the ballot by the legislature is filed with the secretary of state, the
secretary of state shall immediately provide the text of the
explanatory statement to the presiding officer of the senate and the
presiding officer of the house of representatives and any others who
have made written request for notification of the exact language of the
explanatory statement.
(3) A person dissatisfied with the explanatory statement may appeal
to the superior court of Thurston County within five days of the filing
date. A copy of the petition and a notice of the appeal must be served
on the secretary of state and the attorney general. The court shall
examine the measure, the explanatory statement, and objections, and may
hear arguments. The court shall render its decision and certify to and
file with the secretary of state an explanatory statement it determines
will meet the requirements of this chapter.
The decision of the superior court is final, and its explanatory
statement is the established explanatory statement. The appeal must be
heard without costs to either party.
Sec. 805 RCW 29.27.076 and 1967 c 96 s 3 are each amended to read
as follows:
STATEMENT.
Sec. 806 RCW 29.81.240 and 1999 c 260 s 4 are each reenacted to
read as follows:
The initial two members may select up to four additional members,
and the committee shall elect a chairperson. The remaining committee
member or members may fill vacancies through appointment.
After the committee submits its initial argument statements to the
secretary of state, the secretary of state shall transmit the
statements to the opposite committee. The opposite committee may then
prepare rebuttal arguments. Rebuttals may not interject new points.
The voters' pamphlet may contain only argument statements prepared
according to this section. Arguments may contain graphs and charts
supported by factual statistical data and pictures or other
illustrations. Cartoons or caricatures are not permitted.
Sec. 807 RCW 29.81.250 and 2002 c 139 s 2 are each reenacted to
read as follows:
The voters' pamphlet must provide the following information for
each statewide issue on the ballot:
(1) The legal identification of the measure by serial designation
or number;
(2) The official ballot title of the measure;
(3) A statement prepared by the attorney general explaining the law
as it presently exists;
(4) A statement prepared by the attorney general explaining the
effect of the proposed measure if it becomes law;
(5) The fiscal impact statement prepared under RCW 29.79.075;
(6) The total number of votes cast for and against the measure in
the senate and house of representatives, if the measure has been passed
by the legislature;
(7) An argument advocating the voters' approval of the measure
together with any statement in rebuttal of the opposing argument;
(8) An argument advocating the voters' rejection of the measure
together with any statement in rebuttal of the opposing argument;
(9) Each argument or rebuttal statement must be followed by the
names of the committee members who submitted them, and may be followed
by a telephone number that citizens may call to obtain information on
the ballot measure;
(10) The full text of each measure.
Sec. 808 RCW 29.81.260 and 1999 c 260 s 6 are each reenacted to
read as follows:
Sec. 809 RCW 29.81.280 and 1999 c 260 s 8 are each reenacted to
read as follows:
(2)(a) A person who believes that he or she may be defamed by an
argument or statement offered for inclusion in the voters' pamphlet in
support of or opposition to a measure or candidate may petition the
superior court of Thurston County for a judicial determination that the
argument or statement may be rejected for publication or edited to
delete the defamatory statement.
(b) The court shall not enter such an order unless it concludes
that the statement is untrue and that the petitioner has a very
substantial likelihood of prevailing in a defamation action.
(c) An action under this subsection (2) must be filed and served no
later than the tenth day after the deadline for the submission of the
argument or statement to the secretary of state.
(d) If the secretary of state notifies a person named or identified
in an argument or statement of the contents of the argument or
statement within three days after the deadline for submission to the
secretary, then neither the state nor the secretary is liable for
damages resulting from publication of the argument or statement unless
the secretary publishes the argument or statement in violation of an
order entered under this section. Nothing in this section creates a
duty on the part of the secretary of state to identify, locate, or
notify the person.
(3) Parties to a dispute under this section may agree to resolve
the dispute by rephrasing the argument or statement, even if the
deadline for submission to the secretary has elapsed, unless the
secretary determines that the process of publication is too far
advanced to permit the change. The secretary shall promptly provide
any such revision to any committee entitled to submit a rebuttal
argument. If that committee has not yet submitted its rebuttal, its
deadline to submit a rebuttal is extended by five days. If it has
submitted a rebuttal, it may revise it to address the change within
five days of the filing of the revised argument with the secretary.
(4) In an action under this section the committee or candidate must
be named as a defendant, and may be served with process by certified
mail directed to the address contained in the secretary's records for
that party. The secretary of state shall be a nominal party to an
action brought under subsection (2) of this section, solely for the
purpose of determining the content of the voters' pamphlet. The
superior court shall give such an action priority on its calendar.
Sec. 810 RCW 29.81.290 and 1999 c 260 s 9 are each reenacted to
read as follows:
(a) In the case of candidate statements, (i) all statements by all
candidates who have filed for a particular office have been received,
except those who informed the secretary that they will not submit
statements, or (ii) the deadline for submission of statements has
elapsed;
(b) In the case of arguments supporting or opposing a measure, (i)
the arguments on both sides have been received, unless a committee was
not appointed for one side, or (ii) the deadline for submission of
arguments has elapsed; and
(c) In the case of rebuttal arguments, (i) the rebuttals on both
sides have been received, unless a committee was not appointed for one
side, or (ii) the deadline for submission of arguments has elapsed.
(2) Nothing in this section prohibits the secretary from releasing
information under RCW 29.81.280(2)(d).
Sec. 811 RCW 29.81.300 and 1999 c 260 s 10 are each reenacted to
read as follows:
Sec. 812 RCW 29.81.310 and 1999 c 260 s 11 are each amended to
read as follows:
(2) Arguments written by committees under RCW ((29.81.230))
29.81.240 (as recodified by this act) may not exceed two hundred fifty
words in length.
(3) Rebuttal arguments written by committees may not exceed
seventy-five words in length.
(4) The secretary of state shall allocate space in the pamphlet
based on the number of candidates or nominees for each office.
Sec. 813 RCW 29.81A.010 and 1984 c 106 s 3 are each amended to
read as follows:chapters 29.80 and)) chapter 29.81 RCW regarding the
publication of the state candidates' and voters' pamphlets.
Sec. 814 RCW 29.81A.020 and 1994 c 191 s 1 are each amended to
read as follows:
(2) If a voters' pamphlet is published by the county for a primary
or general election, the pamphlet shall be published for the elective
offices and ballot measures of the county and for the elective offices
and ballot measures of each unit of local government located entirely
within the county which will appear on the ballot at that primary or
election. However, the offices and measures of a first class or code
city shall not be included in the pamphlet if the city publishes and
distributes its own voters' pamphlet for the primary or election for
its offices and measures. The offices and measures of any other town
or city are not required to appear in the county's pamphlet if the town
or city is obligated by ordinance or charter to publish and distribute
a voters' pamphlet for the primary or election for its offices and
measures and it does so.
If the required appearance in a county's voters' pamphlet of the
offices or measures of a unit of local government would create ((undo
[undue])) undue financial hardship for the unit of government, the
legislative authority of the unit may petition the legislative
authority of the county to waive this requirement. The legislative
authority of the county may provide such a waiver if it does so not
later than sixty days before the publication of the pamphlet and it
finds that the requirement would create such hardship.
(3) If a city, town, or district is located within more than one
county, the respective county auditors may enter into an interlocal
agreement to permit the distribution of each county's local voters'
pamphlet into those parts of the city, town, or district located
outside of that county.
(4) If a first-class or code city authorizes the production and
distribution of a local voters' pamphlet, the city clerk of that city
shall notify any special taxing district located wholly within that
city that a pamphlet will be produced. Notification shall be provided
in the manner required or provided for in subsection (1) of this
section.
(5) A unit of local government located within a county and the
county may enter into an interlocal agreement for the publication of a
voters' pamphlet for offices or measures not required by subsection (2)
of this section to appear in a county's pamphlet.
Sec. 815 RCW 29.81A.030 and 1984 c 106 s 5 are each reenacted to
read as follows:
(1) Deadlines for decisions by cities, towns, or special taxing
districts on being included in the pamphlet;
(2) Limits on the length and deadlines for submission of arguments
for and against each measure;
(3) The basis for rejection of any explanatory or candidates'
statement or argument deemed to be libelous or otherwise inappropriate.
Any statements by a candidate shall be limited to those about the
candidate himself or herself;
(4) Limits on the length and deadlines for submission of
candidates' statements;
(5) An appeal process in the case of the rejection of any statement
or argument.
Sec. 816 RCW 29.81A.040 and 1984 c 106 s 6 are each amended to
read as follows:
(1) Appearing on the cover, the words "official local voters'
pamphlet," the name of the jurisdiction producing the pamphlet, ((the
jurisdictions that have measures or candidates in the pamphlet,)) and
the date of the election or primary;
(2) A list of jurisdictions that have measures or candidates in the
pamphlet;
(3) Information on how a person may register to vote and obtain an
absentee ballot;
(((3))) (4) The text of each measure accompanied by an explanatory
statement prepared by the prosecuting attorney for any county measure
or by the attorney for the jurisdiction submitting the measure if other
than a county measure. All explanatory statements for city, town, or
district measures not approved by the attorney for the jurisdiction
submitting the measure shall be reviewed and approved by the county
prosecuting attorney or city attorney, when applicable, before
inclusion in the pamphlet;
(((4))) (5) The arguments for and against each measure submitted by
committees selected pursuant to RCW 29.81A.080.
Sec. 817 RCW 29.81A.050 and 1984 c 106 s 7 are each reenacted to
read as follows:
Sec. 818 RCW 29.81A.060 and 1984 c 106 s 8 are each reenacted to
read as follows:
Sec. 819 RCW 29.81A.070 and 1984 c 106 s 9 are each reenacted to
read as follows:
Sec. 820 RCW 29.81A.080 and 1994 c 191 s 2 are each reenacted to
read as follows:
Sec. 901 RCW 29.27.020 and 1990 c 59 s 8 are each reenacted to
read as follows:
Sec. 902 RCW 29.27.057 and 2000 c 197 s 7 are each reenacted to
read as follows:
The ballot title for a proposed constitutional amendment must be
displayed on the ballot substantially as follows:
"The legislature has proposed a constitutional amendment on (statement of subject). This amendment would (concise description). Should this constitutional amendment be:
| Approved | . . . . . . . . . . . . | |
| Rejected | . . . . . . . . . . . . | " |
"The constitutional convention approved a new proposed state constitution that (concise description). Should this proposed constitution be:
| Approved | . . . . . . . . . . . . | |
| Rejected | . . . . . . . . . . . . | " |
Sec. 903 RCW
29.27.061 and 2000 c 197 s 8 are each reenacted to
read as follows:
Sec. 904 RCW 29.27.065 and 2000 c 197 s 9 are each reenacted to
read as follows:
Sec. 905 RCW 29.27.0653 and 2000 c 197 s 10 are each reenacted to
read as follows:
The ballot title for such a question must be displayed on the
ballot substantially as follows:
"The following question concerning (description of subject) has been submitted to the voters: (Question as submitted).
| Yes | . . . . . . . . . . . . | |
| No | . . . . . . . . . . . . | " |
Sec. 906 RCW 29.27.0655 and 2000 c 197 s 11 are each reenacted to
read as follows:
A copy of the petition on appeal together with a notice that an
appeal has been taken must be served upon the secretary of state, the
attorney general, the chief clerk of the house of representatives, and
the secretary of the senate. Upon the filing of the petition on
appeal, the court shall immediately, or at the time to which a hearing
may be adjourned by consent of the appellants, examine the proposed
measure, the ballot title filed, and the objections to it and may hear
arguments on it, and shall as soon as possible render its decision and
certify to and file with the secretary of state a ballot title that it
determines will meet the requirements of this chapter. The decision of
the superior court is final, and the ballot title so certified will be
the established ballot title. The appeal must be heard without cost to
either party.
Sec. 907 RCW 29.27.066 and 2000 c 197 s 12 are each reenacted to
read as follows:
(2) A referendum measure on the enactment of a unit of local
government shall be advertised in the manner provided for nominees for
elective office.
(3) Subsection (1) of this section does not apply if another
provision of law specifies the ballot title for a specific type of
ballot question or proposition.
Sec. 908 RCW 29.27.0665 and 2000 c 197 s 13 are each reenacted to
read as follows:
Sec. 909 RCW 29.27.067 and 2000 c 197 s 14 are each reenacted to
read as follows:
A copy of the petition on appeal together with a notice that an
appeal has been taken shall be served upon the county auditor and the
official preparing the ballot title. Upon the filing of the petition
on appeal, the court shall immediately, or at the time to which a
hearing may be adjourned by consent of the appellants, examine the
proposed measure, the ballot title filed, and the objections to it and
may hear arguments on it, and shall as soon as possible render its
decision and certify to and file with the county auditor a ballot title
that it determines will meet the requirements of this chapter. The
decision of the superior court is final, and the ballot title or
statement so certified will be the established ballot title. The
appeal must be heard without cost to either party.
Sec. 910 RCW 29.30.005 and 1990 c 59 s 93 are each amended to
read as follows:have)), under this title, filed ((for nomination under
chapter 29.18 RCW and those)) a declaration of candidacy, were
certified as a candidate to fill a vacancy on a major party ticket, or
were nominated as an independent ((candidates and candidates of)) or
minor ((political parties who have been nominated under chapter 29.24
RCW shall)) party candidate will appear on the appropriate ballot at
the primary throughout the jurisdiction in which they are to be
nominated.
Sec. 911 RCW 29.30.010 and 1990 c 59 s 10 are each reenacted to
read as follows:
Sec. 912 RCW 29.30.020 and 2001 c 30 s 5 are each reenacted to
read as follows:
(2) The order of the positions or offices on an election ballot
shall be substantially the same as on a primary ballot except that the
offices of president and vice president of the United States shall
precede all other offices on a presidential election ballot. State
ballot issues shall be placed before all offices on an election ballot.
The positions on a ballot to be assigned to ballot measures regarding
local units of government shall be established by the secretary of
state by rule.
(3) The political party or independent candidacy of each candidate
for partisan office shall be indicated next to the name of the
candidate on the primary and election ballot. A candidate shall file
a written notice with the filing officer within three business days
after the close of the filing period designating the political party to
be indicated next to the candidate's name on the ballot if either: (a)
The candidate has been nominated by two or more minor political parties
or independent conventions; or (b) the candidate has both filed a
declaration of candidacy declaring an affiliation with a major
political party and been nominated by a minor political party or
independent convention. If no written notice is filed the filing
officer shall give effect to the party designation shown upon the first
document filed. A candidate may be deemed nominated by a minor party
or independent convention only if all documentation required by chapter
29.24 RCW has been timely filed.
Sec. 913 RCW 29.30.025 and 1990 c 59 s 80 are each reenacted to
read as follows:
Sec. 914 RCW 29.30.040 and 1990 c 59 s 94 are each reenacted to
read as follows:
Sec. 915 RCW 29.30.060 and 1991 c 363 s 33 are each reenacted to
read as follows:
Sec. 916 RCW 29.30.081 and 1990 c 59 s 13 are each amended to
read as follows:shall)) will be printed instructions directing the voters how to mark
the ballot, including write-in votes. After the instructions and
before the offices ((shall be placed)), the questions of adopting
constitutional amendments or any other state measure authorized by law
to be submitted to the voters at that election will be placed.
(2) The candidate or candidates of the major political party
((which)) that received the highest number of votes from the electors
of this state for the office of president of the United States at the
last presidential election ((shall)) will appear first following the
appropriate office heading, the candidate or candidates of the other
major political parties ((shall)) will follow according to the votes
cast
for their nominees for president at the last presidential
election, and independent candidates and the candidate or candidates of
all other parties ((shall)) will follow in the order of their
qualification with the secretary of state.
(3) The names of candidates for president and vice president for
each political party ((shall)) must be grouped together with a single
response position for a voter to indicate his or her choice.
(4) All paper ballots and ballot cards ((shall)) used at a polling
place must be sequentially numbered in such a way to permit removal of
such numbers without leaving any identifying marks on the ballot.
Sec. 917 RCW 29.30.085 and 1992 c 181 s 2 are each reenacted to
read as follows:
(2) On the ballot at the general election for the office of justice
of the supreme court, judge of the court of appeals, judge of the
superior court, or state superintendent of public instruction, if a
candidate in a contested primary receives a majority of all the votes
cast for that office or position, only the name of that candidate may
be printed under the title of the office for that position.
Sec. 918 RCW 29.30.086 and 1992 c 181 s 1 are each reenacted to
read as follows:
(1) In a case in which a primary is conducted for the office:
(a) If ballots for the general election for the office have not
been ordered by the county auditor, the candidate who received the
third greatest number of votes for the office at the primary shall
qualify as a candidate for general election and that candidate's name
shall be printed on the ballot for the office in lieu of the name of
the disqualified candidate.
(b) If general election ballots for the office have been so
ordered, votes cast for the disqualified candidate at the general
election for the office shall not be counted for that office.
(2) In a case in which a primary is not conducted for the office:
(a) If ballots for the general election for the office have not
been ordered by the county auditor, the name of the disqualified
candidate shall not appear on the general election ballot for the
office.
(b) If general election ballots for the office have been so
ordered, votes cast for the disqualified candidate at the general
election for the office shall not be counted for that office.
(3) If the disqualified candidate is the only candidate to have
filed for the office during a regular or special filing period for the
office, a void in candidacy for the office exists.
Sec. 919 RCW 29.30.095 and 1990 c 59 s 96 are each reenacted to
read as follows:
Sec. 920 RCW 29.30.101 and 1999 c 298 s 11 are each reenacted to
read as follows:
No name of any candidate whose nomination at a primary is required
by law shall be placed upon the ballot at a general or special election
unless it appears upon the certificate of either (1) the secretary of
state, or (2) the county canvassing board, or (3) a minor party
convention or the state or county central committee of a major
political party to fill a vacancy on its ticket under RCW 29.18.160.
Excluding the office of precinct committee officer or a temporary
elected position such as a charter review board member or freeholder,
a candidate's name shall not appear more than once upon a ballot for a
position regularly nominated or elected at the same election.
Sec. 921 RCW 29.30.111 and 1999 c 224 s 2 are each reenacted to
read as follows:
"Shall the . . . . . . (insert the name of the taxing district) be
authorized to impose regular property tax levies of . . . . . . (insert
the maximum rate) or less per thousand dollars of assessed valuation
for each of . . . . . . (insert the maximum number of years allowable)
consecutive years?
Yes. . . . . . . . . . . . □
No . . . . . . . . . . . . □"
Each voter shall indicate either "Yes" or "No" on his or her ballot
in accordance with the procedures established under this title.
(2) The ballot proposition authorizing a taxing district to impose
a permanent regular tax levy under RCW 84.52.069 shall contain the
following:
"Shall the . . . . . (insert the name of the taxing district) be
authorized to impose a PERMANENT regular property levy of . . . . .
(insert the maximum rate) or less per thousand dollars of assessed
valuation?
Yes. . . . . . . . . . . . □
No . . . . . . . . . . . . □"
Sec. 922 RCW 29.30.130 and
1990 c 59 s 16 are each reenacted to
read as follows:
Sec. 1001 RCW 29.36.210 and 2001 c 241 s 1 are each reenacted to
read as follows:
Sec. 1002 RCW 29.36.220 and 2001 c 241 s 2 are each amended to
read as follows:
(2) A voter requesting an absentee ballot for a primary may also
request an absentee ballot for the following general election. A
request by an out-of-state voter, overseas voter, or service voter for
an absentee ballot for a primary election will be considered as a
request for an absentee ballot for the following general election.
(3) In requesting an absentee ballot, the voter shall state the
address to which the absentee ballot should be sent. A request for an
absentee ballot from an out-of-state voter, overseas voter, or service
voter must include the address of the last residence in the state of
Washington and either a written application or the oath on the return
envelope must include a declaration of the other qualifications of the
applicant as an elector of this state. A request for an absentee
ballot from any other voter must state the address at which that voter
is currently registered to vote in the state of Washington or the
county auditor shall verify that information from the voter
registration records of the county.
(4) A request for an absentee ballot from a registered voter who is
within this state must be made directly to the auditor of the county in
which the voter is registered. An absentee ballot request from a
registered voter who is temporarily outside this state or from an out-of-state voter, overseas voter, or service voter may be made either to
the appropriate county auditor or to the secretary of state, who shall
promptly forward the request to the appropriate county auditor.
(5) No person, organization, or association may distribute absentee
ballot applications within this state that contain a return address
other than that of the appropriate county auditor.
Sec. 1003 RCW 29.36.230 and 2001 c 241 s 3 are each reenacted to
read as follows:
Sec. 1004 RCW 29.36.240 and 2001 c 241 s 4 are each reenacted to
read as follows:
Status as an ongoing absentee voter shall be terminated upon any of
the following events:
(1) The written request of the voter;
(2) The death or disqualification of the voter;
(3) The cancellation of the voter's registration record;
(4) The return of an ongoing absentee ballot as undeliverable; or
(5) Upon placing a voter on inactive status under RCW 29.10.071.
Sec. 1005 RCW 29.36.250 and 2001 c 241 s 5 are each amended to
read as follows:
The application for a special absentee ballot may not be filed
earlier than ninety days before the applicable state primary or general
election. The special absentee ballot will list the offices and
measures, if known, scheduled to appear on the state primary or general
election ballot. The voter may use the special absentee ballot to
write in the name of any eligible candidate for each office and vote on
any measure.
(2) With any special absentee ballot issued under this section, the
county auditor shall include a listing of any candidates who have filed
before the time of the application for offices that will appear on the
ballot at that primary or election and a list of any issues that have
been referred to the ballot before the time of the application.
(3) Write-in votes on special absentee ballots must be counted in
the same manner provided by law for the counting of other write-in
votes. The county auditor shall process and canvass the special
absentee ballots provided under this section in the same manner as
other absentee ballots under ((chapters 29.36)) this chapter and
chapter 29.62 RCW (as recodified by this act).
(4) A voter who requests a special absentee ballot under this
section may also request an absentee ballot under RCW 29.36.220(4). If
the regular absentee ballot is properly voted and returned, the special
absentee ballot is void, and the county auditor shall reject it in
whole when special absentee ballots are canvassed.
Sec. 1006 RCW 29.36.260 and 2001 c 241 s 6 are each amended to
read as follows:
(2) A registered voter may obtain a replacement ballot if the
ballot is destroyed, spoiled, lost, or not received by the voter. The
voter may obtain the ballot by telephone request, by mail,
electronically, or in person. The county auditor shall keep a record
of each replacement ballot provided under this subsection.
(3) A copy of the state voters' ((and candidates')) pamphlet must
be sent to registered voters temporarily outside the state, out-of-state voters, overseas voters, and service voters along with the
absentee ballot if such a pamphlet has been prepared for the primary or
election and is available to the county auditor at the time of mailing.
The county auditor shall mail all absentee ballots and related material
to voters outside the territorial limits of the United States and the
District of Columbia under 39 U.S.C. 3406.
Sec. 1007 RCW 29.36.270 and 1987 c 54 s 1 are each reenacted to
read as follows:
Sec. 1008 RCW 29.36.280 and 2001 c 241 s 7 are each reenacted to
read as follows:
(1) Only the registered voter personally, or a member of the
registered voter's immediate family may pick up an absentee ballot for
the voter at the office of the issuing officer unless the voter is a
resident of a health care facility, as defined by RCW 70.37.020(3), on
election day and applies by messenger for an absentee ballot. In this
latter case, the messenger may pick up the voter's absentee ballot.
(2) Except as noted in subsection (1) of this section, the issuing
officer shall mail or deliver the absentee ballot directly to each
applicant.
Sec. 1009 RCW 29.36.290 and 2001 c 241 s 8 are each reenacted to
read as follows:
If the county auditor chooses to forward absentee ballots, he or
she must include with the ballot a clear explanation of the
qualifications necessary to vote in that election and must also advise
a voter with questions about his or her eligibility to contact the
county auditor. This explanation may be provided on the ballot
envelope, on an enclosed insert, or printed directly on the ballot
itself. If the information is not included, the envelope must clearly
indicate that the ballot is not to be forwarded and that return postage
is guaranteed.
Sec. 1010 RCW 29.36.300 and 2001 c 241 s 9 are each reenacted to
read as follows:
Sec. 1011 RCW 29.36.310 and 2001 c 241 s 10 are each reenacted to
read as follows:
(2) After opening the return envelopes, the county canvassing board
shall place all of the ballots in secure storage until after 8:00 p.m.
of the day of the primary or election. Absentee ballots that are to be
tabulated on an electronic vote tallying system may be taken from the
inner envelopes and all the normal procedural steps may be performed to
prepare these ballots for tabulation.
(3) Before opening a returned absentee ballot, the canvassing
board, or its designated representatives, shall examine the postmark,
statement, and signature on the return envelope that contains the
security envelope and absentee ballot. They shall verify that the
voter's signature on the return envelope is the same as the signature
of that voter in the registration files of the county. For registered
voters casting absentee ballots, the date on the return envelope to
which the voter has attested determines the validity, as to the time of
voting for that absentee ballot if the postmark is missing or is
illegible. For out-of-state voters, overseas voters, and service
voters, the date on the return envelope to which the voter has attested
determines the validity as to the time of voting for that absentee
ballot. For any absentee ballot, a variation between the signature of
the voter on the return envelope and the signature of that voter in the
registration files due to the substitution of initials or the use of
common nicknames is permitted so long as the surname and handwriting
are clearly the same.
Sec. 1012 RCW 29.36.320 and 2001 c 241 s 11 are each reenacted to
read as follows:
These returns must be added to the total of the votes cast at the
polling places.
Sec. 1013 RCW 29.36.340 and 1991 c 81 s 33 are each reenacted to
read as follows:
The information from the requests shall be recorded and lists of
this information shall be available no later than twenty-four hours
after their receipt.
This information about absentee voters shall be available according
to the date of the requests and by legislative district. It shall
include the name of each applicant, the address and precinct in which
the voter maintains a voting residence, the date on which an absentee
ballot was issued to this voter, if applicable, the type of absentee
ballot, and the address to which the ballot was or is to be mailed, if
applicable.
The auditor shall make copies of these records available to the
public for the actual cost of production or copying.
Sec. 1014 RCW 29.36.350 and 2001 c 241 s 13 are each reenacted to
read as follows:
Sec. 1015 RCW 29.36.360 and 1993 c 417 s 7 are each amended to
read as follows:
((The secretary of state shall adopt rules to:))
(1) Establish standards and procedures to prevent fraud and to
facilitate the accurate processing and canvassing of absentee ballots
and mail ballots;
(2) Establish standards and procedures to guarantee the secrecy of
absentee ballots and mail ballots;
(3) Provide uniformity among the counties of the state in the
conduct of absentee voting and mail ballot elections; and
(4) Facilitate the operation of the provisions of this chapter
regarding out-of-state voters, overseas voters, and service voters.
The secretary of state shall produce and furnish envelopes and
instructions for out-of-state voters, overseas voters, and service
voters to the county auditors.
Sec. 1101 RCW 29.51.010 and 1990 c 59 s 39 are each reenacted to
read as follows:
Sec. 1102 RCW 29.51.125 and 1977 ex.s. c 361 s 83 are each
amended to read as follows:: PROVIDED, That such)). The
lists ((shall)) must be furnished by the party or committee concerned.
Sec. 1103 RCW 29.51.180 and 1990 c 59 s 47 are each reenacted to
read as follows:
Sec. 1104 RCW 29.51.190 and 1990 c 59 s 48 are each reenacted to
read as follows:
Sec. 1105 RCW 29.54.037 and 1999 c 158 s 10 are each reenacted to
read as follows:
(2) At the counting center or the collection stations where the
sealed ballot containers are delivered by the designated
representatives of the major political parties, the county auditor or
a designated representative of the county auditor shall receive the
sealed ballot containers, record the time, date, precinct name or
number, and seal number of each ballot container.
Sec. 1106 RCW 29.48.010 and 1999 c 158 s 4 are each reenacted to
read as follows:
Sec. 1107 RCW 29.13.080 and 1973 c 78 s 1 are each reenacted to
read as follows:
Sec. 1108 RCW 29.51.240 and 1990 c 59 s 50 are each
reenacted to
read as follows:
Sec. 1109 RCW 29.51.185 and 1987 c 346 s 13 are each amended to
read as follows:in the manner prescribed by RCW 29.10.127 for
challenged ballots)). The canvassing board shall not count the ballot
if it finds that the voter has also voted by absentee ballot in that
primary or election.
Sec. 1110 RCW 29.48.030 and 1990 c 59 s 36 are each reenacted to
read as follows:
Sec. 1111 RCW 29.07.170 and 1994 c 57 s 19 are each reenacted to
read as follows:
Sec. 1112 RCW 29.48.035 and 1977 ex.s. c 361 s 82 are each
amended to read as follows:as now or hereafter amended, shall)), must
be provided:
(1) Two tally books in which the names of the candidates ((shall))
will be listed in the order in which they appear on the sample ballots
and in each case have the proper party designation at the head thereof;
(2) Two certificates or two sample ballots prepared as blanks, for
recording of the unofficial results by the precinct election officers.
Sec. 1113 RCW 29.57.130 and 1999 c 298 s 17 are each reenacted to
read as follows:
(2) The county auditor shall make information available for deaf
persons throughout the state by telecommunications.
Sec. 1114 RCW 29.48.020 and 1977 ex.s. c 361 s 80 are each
reenacted to read as follows:
Sec. 1115 RCW 29.48.070 and 1990 c 59 s 37 are each reenacted to
read as follows:
Sec. 1116 RCW 29.48.090 and 1965 c 9 s 29.48.090 are each
reenacted to read as follows:
Sec. 1117 RCW 29.48.100 and 1990 c 59 s 38 are each reenacted to
read as follows:
Sec. 1118 RCW 29.51.150 and 1990 c 59 s 45 are each reenacted to
read as follows:
Sec. 1119 RCW 29.51.050 and 1990 c 59 s 40 are each amended to
read as follows:shall)) must be issued a ballot or permitted to enter a voting booth
or to operate a voting device. The number of the ballot or the voter
((shall)) must be recorded by the precinct election officers. If the
right of the voter to participate is challenged, RCW 29.10.125 and
29.10.127 apply to that voter.
Sec. 1120 RCW 29.51.060 and 1990
c 59 s 41 are each amended to
read as follows:
NAME. If any person appears)) Any person desiring to vote at any
primary or election ((as a registered voter in the jurisdiction where
the primary or election is being held, the precinct election officers
shall require the voter)) is required to sign his or her name ((and
current address subject to penalties of perjury in one of)) on the
appropriate precinct list((s)) of registered voters. If the ((person))
voter registered using a mark, or can no longer sign his or her name,
the election officers shall require the ((person offering to vote))
voter to be identified by another registered voter.
((As soon as it is determined that the person is qualified to vote,
one of)) The precinct election officers shall ((enter)) then record the
voter's name ((in a second poll book)).
Sec. 1121 RCW 29.51.100 and 1990 c 59 s 43 are each amended to
read as follows:If the voter was issued a ballot)) When the voter
has finished, he or she shall either (1) remove the ((number)) numbered
stub from the ballot, place the ballot in the ballot box, and return
the number to the precinct election officers, or ((shall)) (2) deliver
((it)) the entire ballot to the precinct election officers, who shall
remove the ((number)) numbered stub from the ballot and place the
ballot in the ballot box.
Sec. 1122 RCW 29.51.070 and 1990 c 59 s 42 are each reenacted to
read as follows:
Sec. 1123 RCW 29.51.200 and 1981 c
34 s 1 are each amended to
read as follows:handicapped)) disabled
voters.
If any voter declares in the presence of the election officers that
because of sensory or physical ((handicap)) disability he or she is
unable to register or record his or her vote, he or she may designate
a person of his or her choice or two election officers from opposite
political parties to enter the voting machine booth with him or her and
record his or her vote as he or she directs.
Sec. 1124 RCW 29.54.018 and 1990 c 59 s 54 are each amended to
read as follows:under rules adopted by the secretary of state)).
The tabulation of ballots, paper or otherwise, shall be open to the
public, but no persons except those employed and authorized by the
county auditor may touch a ballot card or ballot container or operate
vote tallying equipment.
(2) The results of the tabulation of paper ballots at the polls
shall be delivered to the county auditor as soon as the tabulation is
complete.
Sec. 1125 RCW 29.51.250 and 1990 c 59 s 51 are each reenacted to
read as follows:
Sec. 1126 RCW 29.54.010 and 1990 c 59 s 52 are each amended to
read as follows:identify and seal)) render unusable and secure in a
container all unused ballots for that precinct and ((seal them in a
container to be returned)) return them to the county auditor.
Sec.1127 RCW 29.54.015 and 1990 c 59 s 53 are each amended to
read as follows:close of the polls and the completion of voting)) unused
ballots are secure, the precinct election officers shall count the
number of voted ballots and make a record of any discrepancy between
this number and the number of voters who signed the poll book for that
precinct or polling place, complete the certifications in the poll
book, prepare the ballots for transfer to the counting center if
necessary, and seal the voting devices.
Sec. 1128 RCW 29.07.180 and 1994 c 57 s 20 are each reenacted to
read as follows:
Sec. 1129 RCW 29.48.080 and 1999 c 158 s 6 are each reenacted to
read as follows:
(1) They shall see that the device is placed where it can be
conveniently attended by the election officers and conveniently
operated by the voters;
(2) They shall see whether the number or other designating mark on
the device's seal agrees with the control number provided by the
elections department. If they do not agree they shall at once notify
the elections department and delay initializing the device. The polls
may be opened pending reexamination of the device;
(3) If the numbers do agree, they shall proceed to initialize the
device and see whether the public counter registers "000." If the
counter is found to register a number other than "000," one of the
judges shall at once set the counter at "000" and confirm that the
ballot box is empty;
(4) Before processing any ballots through a poll-site ballot
counting device a zero report must be produced. The inspector and at
least one of the judges shall carefully verify that zero ballots have
been run through the poll-site ballot counting device and that all vote
totals for each office are zero. If the totals are not zero, the
inspector shall either reset the device to zero or contact the
elections department to reset the device and allow voting to continue
using the auxiliary or emergency device.
Sec. 1130 RCW 29.48.045 and 1999 c 158 s 5 are each reenacted to
read as follows:
Sec. 1131 RCW 29.54.093 and 1999 c 158 s 11 are each reenacted to
read as follows:
Sec. 1132 RCW 29.51.115 and 1999 c 158 s 7 are each reenacted to
read as follows:
Sec. 1133 RCW 29.51.155 and 1999 c 158 s 8 are each reenacted to
read as follows:
Sec. 1134 RCW 29.45.010 and 1991 c 106 s 1 are each amended to
read as follows:29.36.120)) 29.38.010 (as recodified by this act). Except as
provided in subsection (3) of this section, the persons appointed shall
be among those whose names are contained on the lists furnished under
RCW 29.45.030 by the chairpersons of the county central committees of
the political parties entitled to representation thereon. Such
precinct election officers, whenever possible, should be residents of
the precinct in which they serve.
(2) The county auditor may delete from the lists of names submitted
to the auditor by the chairpersons of the county central committees
under RCW 29.45.030: (a) The names of those persons who indicate to
the auditor that they cannot or do not wish to serve as precinct
election officers for the primary or election or who otherwise cannot
so serve; and (b) the names of those persons who lack the ability to
conduct properly the duties of an inspector or judge of election after
training in that proper conduct has been made available to them by the
auditor. The lists which are submitted to the auditor in a timely
manner under RCW 29.45.030, less the deletions authorized by this
subsection, constitute the official nomination lists for inspectors and
judges of election.
(3) If the number of persons whose names are on the official
nomination list for a political party is not sufficient to satisfy the
requirements of subsection (4) of this section as it applies to that
political party or is otherwise insufficient to provide the number of
precinct election officials required from that political party, the
auditor shall notify the chair of the party's county central committee
regarding the deficiency. The chair may, within five business days of
being notified by the auditor, add to the party's nomination list the
names of additional persons belonging to that political party who are
qualified to serve on the election boards. To the extent that,
following this procedure, the number of persons whose names appear on
the official nomination lists of the political parties is insufficient
to provide the number of election inspectors and judges required for a
primary or election, the auditor may appoint a properly trained person
whose name does not appear on such a list as an inspector or judge of
election for a precinct.
(4) The county auditor shall designate the inspector and one judge
in each precinct from that political party which polled the highest
number of votes in the county for its candidate for president at the
last preceding presidential election and one judge from that political
party polling the next highest number of votes in the county for its
candidate for president at the same election. The provisions of this
subsection apply only if the number of names on the official nomination
list for inspectors and judges of election for a political party is
sufficient to satisfy the requirements imposed by this subsection.
(5) Except as provided in RCW 29.45.040 for the filling of
vacancies, this shall be the exclusive method for the appointment of
inspectors and judges to serve as precinct election officers at any
primary or election, general or special, and shall supersede the
provisions of any and all other statutes, whether general or special in
nature, having different requirements.
Sec. 1135 RCW 29.45.020 and 1965 ex.s. c 101 s 2 are each amended
to read as follows:
Each clerk appointed shall represent a major political party((:
PROVIDED, That)). The political party representation of a single set
of precinct election officers shall, whenever possible, be equal but,
in any event, no single political party shall be represented by more
than a majority of one at each polling place.
The election officer having jurisdiction of the election may
designate at what hour the clerks shall report for duty. The hour may
vary among the precincts according to the judgment of the appointing
officer.
Sec. 1136 RCW 29.45.030 and 1991 c 106 s 2 are each amended to
read as follows:
By the first day of June each year, the chair of the county central
committee of each major political party shall certify to the officer
having jurisdiction of the election a list of those persons belonging
to the county chair's political party in each precinct who are
qualified to act on the election board therein.
The county chair shall compile this list from the names certified
by the various precinct committee officers unless no names or not
(([a])) a sufficient (([number of])) number of names have been
certified from a precinct, in which event the county chair may include
therein the names of qualified members of the county chair's party
selected by the county chair. The county chair shall also have the
authority to substitute names of persons recommended by the precinct
committee officers if in the judgment of the county chair such persons
are not qualified to serve as precinct election officers.
Sec. 1137 RCW 29.45.040 and 1965 c 9 s 29.45.040 are each
reenacted to read as follows:
Sec. 1138 RCW 29.45.050 and 1994 c 223 s 91 are each amended to
read as follows:
In every precinct using paper ballots having two hundred or more
registered voters there shall be appointed, and in every precinct
having less than two hundred registered voters there may be appointed,
at a state primary or state general election, two or more sets of
precinct election officers as provided in RCW 29.04.020 and 29.45.010.
The officer in charge of the election may appoint one or more counting
boards at his or her discretion, when he or she decides that because of
a long or complicated ballot or because of the number of expected
voters, there is need of additional counting board or boards to improve
the speed and accuracy of the count.
In making such appointments, one or more sets of precinct election
officers shall be designated as the counting board or boards, the first
of which shall consist of an inspector, two judges, and a clerk and the
second set, if activated, shall consist of two judges and two clerks.
The duties of the counting board or boards shall be the count of
ballots cast and the return of the election records and supplies to the
officer having jurisdiction of the election.
One set of precinct election officers shall be designated as the
receiving board which shall have all other powers and duties imposed by
law for such elections. Nothing in this section prevents the county
auditor from appointing relief or replacement precinct election
officers at any time during election day. Relief or replacement
precinct election officers must be of the same political party as the
officer they are relieving or replacing.
Sec. 1139 RCW 29.45.060 and 1990 c 59 s 74 are each reenacted to
read as follows:
Sec. 1140 RCW 29.45.065 and 1973 c 102 s 5 are each reenacted to
read as follows:
Sec. 1141 RCW 29.45.070 and 1965 c 9 s 29.45.070 are each amended
to read as follows:chairman))
the chair of the board and after its organization ((shall have power
to)) administer all necessary oaths ((which)) that may be required in
the progress of the election.
Sec. 1142 RCW 29.45.080 and 1965 c 9 s 29.45.080 are each
reenacted to read as follows:
The county auditor shall furnish two copies of the proper form of
oath to each precinct election officer, one copy thereof, after
execution, to be placed and transmitted with the election returns.
Sec. 1143 RCW 29.45.090 and 1965 c 9 s 29.45.090 are each
reenacted to read as follows:
"I, A B, do swear (or affirm) that I will duly attend to the
ensuing election, during the continuance thereof, as an inspector, and
that I will not receive any ballot or vote from any person other than
such as I firmly believe to be entitled to vote at such election,
without requiring such evidence of the right to vote as is directed by
law; nor will I vexatiously delay the vote of, or refuse to receive, a
ballot from any person whom I believe to be entitled to vote; but that
I will in all things truly, impartially, and faithfully perform my duty
therein to the best of my judgment and abilities; and that I am not,
directly nor indirectly, interested in any bet or wager on the result
of this election."
Sec. 1144 RCW 29.45.100 and 1965 c 9 s 29.45.100 are each
reenacted to read as follows:
"We, A B, do swear (or affirm) that we will as judges duly attend
the ensuing election, during the continuance thereof, and faithfully
assist the inspector in carrying on the same; that we will not give our
consent to the receipt of any vote or ballot from any person, other
than one whom we firmly believe to be entitled to vote at such
election; and that we will make a true and perfect return of the said
election and will in all things truly, impartially, and faithfully
perform our duty respecting the same to the best of our judgment and
abilities; and that we are not directly nor indirectly interested in
any bet or wager on the result of this election."
Sec. 1145 RCW 29.45.110 and 1965 c 9 s 29.45.110 are each
reenacted to read as follows:
"We, and each of us, A B, do swear (or affirm) that we will
impartially and truly write down the name of each elector who votes at
the ensuing election, and also the name of the county and precinct
wherein the elector resides; that we will carefully and truly write
down the number of votes given for each candidate at the election as
often as his name is read to us by the inspector and in all things
truly and faithfully perform our duty respecting the same to the best
of our judgment and abilities, and that we are not directly nor
indirectly interested in any bet or wager on the result of this
election."
Sec. 1146 RCW 29.45.120 and 1971 ex.s. c 124 s 2 are each amended
to read as follows:
To the judges and clerks of an election not less than the minimum
hourly wage per hour as provided under RCW 49.46.020 ((as now or
hereafter amended)), the exact amount to be fixed by the respective
boards of county commissioners for each county. To inspectors, the
rate paid to judges and clerks plus an additional two hours'
compensation. The precinct election officer picking up the election
supplies and returning the election returns to the county auditor shall
be entitled to additional compensation, the exact amount to be
determined by the respective boards of county commissioners for each
county.
Sec. 1201 RCW 29.38.010 and 2001 c 241 s 15 are each reenacted to
read as follows:
As soon as ballots are available, the county auditor shall mail or
deliver a ballot and an envelope, preaddressed to the issuing officer,
to each active registered voter. The auditor shall send each inactive
voter either a ballot or an application to receive a ballot. The
auditor shall determine which of the two is to be sent. If the
inactive voter returns a voted ballot, the ballot shall be counted and
the voter's status restored to active. If the inactive voter completes
and returns an application, a ballot shall be sent and the voter's
status restored to active.
If the precinct exceeds two hundred registered voters, or the
auditor determines to return to a polling place election environment,
the auditor shall notify each registered voter, by mail, of this and
shall provide the address of the polling place to be used.
Sec. 1202 RCW 29.38.020 and 2001 c 241 s 16 are each reenacted to
read as follows:
For all special elections not being held in conjunction with a
state primary or state general election where voting is conducted by
mail ballot, the county auditor shall, not less than twenty days before
the date of such election, make available to each registered voter a
mail ballot. The auditor shall handle inactive voters in the same
manner as inactive voters in mail ballot precincts.
Sec. 1203 RCW 29.38.030 and 2001 c 241 s 17 are each reenacted to
read as follows:
(1) For an office or ballot measure of a special purpose district
that is entirely within the county;
(2) For an office or ballot measure of a special purpose district
that lies in the county and one or more other counties if the auditor
first secures the concurrence of the county auditors of those other
counties to conduct the primary in this manner district-wide; and
(3) For a ballot measure or nonpartisan office of a county, city,
or town if the auditor first secures the concurrence of the legislative
authority of the county, city, or town involved.
The county auditor shall notify an election jurisdiction for which
a primary is to be held that the primary will be conducted by mail
ballot.
A primary in an odd-numbered year may not be conducted by mail
ballot in a precinct with two hundred or more active registered voters
if a partisan office or state office or state ballot measure is to be
voted upon at that primary in the precinct.
To the extent they are not inconsistent with other provisions of
law, the laws governing the conduct of mail ballot special elections
apply to nonpartisan primaries conducted by mail ballot.
Sec. 1204 RCW 29.38.040 and 2001 c 241 s 18 are each amended to
read as follows:
(2) A registered voter may obtain a replacement ballot as provided
in this subsection ((if the ballot is destroyed, damaged, lost, or not
received by the voter)). A voter may request a replacement mail ballot
in person, by mail, by telephone, or by other electronic transmission
for himself or herself and for any member of his or her immediate
family. The request must be received by the auditor before 8:00 p.m.
on election day. The county auditor shall keep a record of each
replacement ballot issued, including the date of the request.
Replacement mail ballots may be counted in the final tabulation of
ballots only if the original ballot is not received by the county
auditor and the replacement ballot meets all requirements for
tabulation necessary for the tabulation of regular mail ballots.
Sec. 1205 RCW 29.38.050 and 2001 c 241 s 19 are each reenacted to
read as follows:
Sec. 1206 RCW 29.38.060 and 2001 c 241 s 20 are each amended to
read as follows:Any violation of the secrecy of the count is subject to
the same penalties as provided for in RCW 29.85.225.))
Sec. 1301 RCW 29.15.150 and 1973 c 4 s 3 are each reenacted to
read as follows:
(1) No more than one candidate of each qualified political party
has filed a declaration of candidacy for the same partisan office to be
filled; or
(2) No more than two candidates have filed a declaration of
candidacy for a single nonpartisan office to be filled.
In either event, the officer with whom the declarations of
candidacy were filed shall immediately notify all candidates concerned
and the names of the candidates that would have been printed upon the
September primary ballot, but for the provisions of this section, shall
be printed as nominees for the positions sought upon the November
general election ballot.
Sec. 1302 RCW 29.18.010 and 1990 c 59 s 78 are each reenacted to
read as follows:
(1) Congressional offices;
(2) All state offices except (a) judicial offices and (b) the
office of superintendent of public instruction;
(3) All county offices except (a) judicial offices and (b) those
offices where a county home rule charter provides otherwise.
Sec. 1303 RCW 29.18.120 and 1990 c 59 s 87 are each reenacted to
read as follows:
Sec. 1304 RCW 29.18.200 and 1990 c 59 s 88 are each reenacted to
read as follows:
Sec. 1305 RCW 29.21.010 and 1990 c 59 s 89 are each reenacted to
read as follows:
The purpose of this section is to establish the holding of a
primary, subject to the exemptions in RCW 29.21.015, as a uniform
procedural requirement to the holding of city, town, and district
elections. These provisions supersede any and all other statutes,
whether general or special in nature, having different election
requirements.
Sec. 1306 RCW 29.21.015 and 1998 c 19 s 1 are each reenacted to
read as follows:
(2) No primary may be held for the office of commissioner of a park
and recreation district or for the office of cemetery district
commissioner.
(3) Names of candidates for offices that do not appear on the
primary ballot shall be printed upon the general election ballot in the
manner specified by RCW 29.30.025.
Sec. 1307 RCW 29.21.070 and 1990 c 59 s 91 are each reenacted to
read as follows:
All city, town, and special purpose district elective offices shall
be nonpartisan and the candidates therefor shall be nominated and
elected as such.
Sec. 1308 RCW 29.21.410 and 1972 ex.s. c 61 s 7 are each amended
to read as follows:shall be))
is necessary to hold a special election to fill an unexpired term of an
elective office of any city, town, or district, ((such)) the special
election ((shall)) must be held in concert with the next general
election ((which)) that is to be held by the respective city, town, or
district concerned for the purpose of electing officers to full
terms((:
PROVIDED, That)). This section ((shall)) does not apply to
any city of the first class whose charter provision relating to
elections to fill unexpired terms are inconsistent ((herewith)) with
this section.
Sec. 1309 RCW 29.27.030 and 1965 c 9 s 29.27.030 are each amended
to read as follows:prior to)) before the primary ((election)) the county auditor shall
publish notice of such primary in one or more newspapers of general
circulation within the county. ((Said)) The notice ((shall)) must
contain the proper party designations, the names and addresses of all
persons who have filed a declaration of candidacy to be voted upon at
that primary ((election)), the hours during which the polls will be
open, and ((that the election will be held in the regular)) the polling
places ((in)) for each precinct, giving the address of each polling
place((: PROVIDED, That)). The names of all candidates for
nonpartisan offices ((shall)) must be published separately with
designation of the offices for which they are candidates but without
party designation. This ((shall be)) is the only notice required for
the holding of any primary ((election)).
Sec. 1310 RCW 29.27.050 and 1990 c 59 s 9 are each reenacted to
read as follows:
Sec. 1311 RCW 29.27.072 and 1997 c 405 s 1 are each reenacted to
read as follows:
METHOD.
Sec. 1312 RCW 29.27.074 and 1997 c 405 s 2 are each reenacted to
read as follows:
(1) A legal identification of the state measure to be voted upon.
(2) The official ballot title of such state measure.
(3) A brief statement explaining the constitutional provision or
state law as it presently exists.
(4) A brief statement explaining the effect of the state measure
should it be approved.
(5) The total number of votes cast for and against the measure in
both the state senate and house of representatives.
No individual candidate or incumbent public official may be
referred to or identified in these notices or advertisements.
Sec. 1313 RCW 29.27.080 and 1999 c 4 s 1 are each amended to read
as follows:(1))) Except as
provided in RCW 29.81A.060, notice for any state, county, district, or
municipal election, whether special or general, ((shall)) must be given
by at least one publication not more than ten nor less than three days
((prior to)) before the election by the county auditor or the officer
conducting the election as the case may be, in one or more newspapers
of general circulation within the county. ((Said)) The legal notice
((shall)) must contain the title of each office under the proper party
designation, the names and addresses of all officers who have been
nominated for an office to be voted upon at that election, together
with the ballot titles of all measures, the hours during which the
polls will be open, and ((that the election will be held in the
regular))
the polling places ((in)) for each precinct, giving the
address of each polling place((: PROVIDED, That)). The names of all
candidates for nonpartisan offices ((shall)) must be published
separately with designation of the offices for which they are
candidates but without party designation. This ((shall be)) is the
only notice required for a state, county, district, or municipal
general or special election and ((shall)) supersedes the provisions of
any and all other statutes, whether general or special in nature,
having different requirements for the giving of notice of any general
or special elections.
(((2) All school district elections held on February 5, 1980, at
which the number and proportion of persons required by law voted to
authorize bonds or tax levies, are hereby validated regardless of any
failure to publish notice of such election. No action challenging the
validity of any such election may be brought later than April 15, 1980,
or thirty days from June 12, 1980, whichever is later. Notice of
provisions of this subsection shall be published within five days after
February 28, 1980, in a newspaper of general circulation within each
county where a school district election was held on February 5, 1980,
and where notice of such election was not published as provided in
subsection (1) of this section.))
(3) All school district elections held on May 19, 1998, at which
the number and proportion of persons required by law voted to authorize
bonds or tax levies, are hereby validated regardless of any failure to
publish notice of such election. No action challenging the validity of
any such election may be brought later than thirty days after January
29, 1999. Notice of provisions of this subsection shall be published
within five days after January 29, 1999, in a newspaper of general
circulation within each county where a school district election was
held on May 19, 1998, and where notice of such election was not
published as provided in subsection (1) of this section.
Sec. 1314 RCW 29.27.100 and 1965 c 9 s 29.27.100 are each amended
to read as follows:he)) the
county auditor serves as supervisor of elections, the county auditor
shall notify the person elected, and ((upon his demand)) issue to
((him)) the person a certificate of ((his)) election.
Sec. 1315 RCW 29.27.110 and 1965 c 9 s 29.27.110 are each amended
to read as follows:
Sec. 1401 RCW 29.19.010 and 1989 c 4 s 1 are each amended to read
as follows:
(1) The current presidential nominating caucus system in Washington
state is unnecessarily restrictive of voter participation in that it
discriminates against the elderly, the infirm, women, the
((handicapped)) disabled, evening workers, and others who are unable to
attend caucuses and therefore unable to fully participate in this most
important quadrennial event that occurs in our democratic system of
government.
(2) It is the intent of this chapter to make the presidential
selection process more open and representative of the will of the
people of our state.
(3) A presidential primary will afford the maximum opportunity for
voter access at regular polling places during the daytime and evening
hours convenient to the most people.
(4) This state's participation in the selection of presidential
candidates shall be in accordance with the will of the people as
expressed in a presidential preference primary.
(5) It is the intent of this chapter, to the maximum extent
practicable, to continue to reserve to the political parties the right
to conduct their delegate selection as prescribed by party rules
insofar as it reflects the will of the people as expressed in a
presidential primary election conducted every four years in the manner
described by this chapter.
Sec. 1402 RCW 29.19.020 and 1995 1st sp.s. c 20 s 1 are each
reenacted to read as follows:
(2) No later than the first day of September of the year before the
year in which a presidential nominee is selected, the state committee
of any major political party that will use the primary results for
candidates of that party may propose an alternative date for that
primary.
(3) If an alternative date is proposed under subsection (1) or (2)
of this section, a committee consisting of the chair and the vice-chair
of the state committee of each major political party, the secretary of
state, the majority leader and minority leader of the senate, and the
speaker and the minority leader of the house of representatives shall
meet and, if affirmed by a two-thirds vote of the members of the
committee, the date of the primary shall be changed. The committee
shall meet and decide on the proposed alternate date not later than the
first day of October of the year before the year in which a
presidential nominee is selected. The secretary of state shall convene
and preside over the meeting of the committee. A committee member
other than a legislator may appoint, in writing, a designee to serve on
his or her behalf. A legislator who is a member of the committee may
appoint, in writing, another legislator to serve on his or her behalf.
(4) If an alternate date is approved under this section, the
secretary of state shall adopt rules under RCW 29.19.070 to adjust the
deadlines in RCW 29.19.030 and related provisions of this chapter to
correspond with the date that has been approved.
Sec. 1403 RCW 29.19.030 and 1989 c 4 s 3 are each reenacted to
read as follows:
(1) By direction of the secretary of state, who in the secretary's
sole discretion has determined that the candidate's candidacy is
generally advocated or is recognized in national news media; or
(2) If members of the political party of the candidate have
presented a petition for nomination of the candidate that has attached
to the petition a sheet or sheets containing the signatures of at least
one thousand registered voters who declare themselves in the petition
as being affiliated with the same political party as the presidential
candidate. The petition shall be filed with the secretary of state not
later than the thirty-ninth day before the presidential preference
primary. The signature sheets shall also contain the residence address
and name or number of the precinct of each registered voter whose
signature appears thereon and shall be certified in the manner
prescribed in RCW 29.79.200 and 29.79.210.
The secretary of state shall place the name of the candidate on the
ballot unless the candidate, at least thirty-five days before the
presidential preference primary, executes and files with the secretary
of state an affidavit stating without qualification that he or she is
not now and will not become a candidate for the office of president of
the United States at the forthcoming presidential election. The
secretary of state shall certify the names of all candidates who will
appear on the presidential preference primary ballot to the respective
county auditors on or before the fourth Tuesday in April of each
presidential election year.
Sec. 1404 RCW 29.19.045 and 1995 1st sp.s. c 20 s 2 are each
reenacted to read as follows:
(2) Except as provided under this chapter or by rule of the
secretary of state adopted under RCW 29.19.070, the arrangement and
form of presidential primary ballots must be substantially as provided
for a partisan primary under this title. Whenever requested by a major
political party, a separate ballot containing only the candidates of
that party who have qualified under RCW 29.19.030 must be provided for
a voter who requests a ballot of that party. A primary ballot,
containing the names of all the candidates who have qualified for a
place on the ballot under RCW 29.19.030, must be provided for
nonaffiliated voters.
(3) The ballot must list alphabetically the names of all candidates
for the office of president. The ballot must indicate the political
party of each candidate adjacent to the name of that candidate. Each
ballot must include a blank space to allow the voter to write in the
name of any other candidate.
(4) A presidential primary ballot with votes for more than one
candidate is void, and notice to this effect, stated in clear, simple
language and printed in large type, must appear on the face of each
presidential primary ballot or on or about each voting device.
Sec. 1405 RCW 29.19.055 and 1995 1st sp.s. c 20 s 3 are each
reenacted to read as follows:
(2) If requested by a major political party, the secretary of state
shall adopt rules under RCW 29.19.070 to provide for any declaration
required by that party.
(3) Voters who subscribe to a specific political party declaration
under this section must be given ballots that are readily
distinguishable from those given to other voters. Votes cast by
persons making these declarations must be tabulated and reported
separately from other votes cast at the primary and may be used by a
major political party in its allocation of delegates under the rules of
that party.
(4) For a political party that requires a specific voter
declaration under this section, the secretary of state shall prescribe
rules for providing, to the state and county committees of that
political party, a copy of the declarations or a list of the voters who
participated in the presidential nominating process of that party.
Sec. 1406 RCW 29.19.080 and 1995 1st sp.s. c 20 s 5 are each
reenacted to read as follows:
Sec. 1407 RCW 29.82.010 and 1984 c 170 s 1 are each amended to
read as follows:he or they)) the voter shall prepare
a typewritten charge, reciting that such officer, naming him or her and
giving the title of ((his)) the office, has committed an act or acts of
malfeasance, or an act or acts of misfeasance while in office, or has
violated ((his)) the oath of office, or has been guilty of any two or
more of the acts specified in the Constitution as grounds for recall.
The charge shall state the act or acts complained of in concise
language, give a detailed description including the approximate date,
location, and nature of each act complained of, be signed by the person
or persons making the charge, give their respective post office
addresses, and be verified under oath that ((he or they)) the person or
persons believe the charge or charges to be true and have knowledge of
the alleged facts upon which the stated grounds for recall are based.
For the purposes of this chapter:
(1) "Misfeasance" or "malfeasance" in office means any wrongful
conduct that affects, interrupts, or interferes with the performance of
official duty;
(a) Additionally, "misfeasance" in office means the performance of
a duty in an improper manner; and
(b) Additionally, "malfeasance" in office means the commission of
an unlawful act;
(2) "Violation of the oath of office" means the ((wilful)) neglect
or knowing failure by an elective public officer to perform faithfully
a duty imposed by law.
Sec. 1408 RCW 29.82.015 and 1984 c 170 s 2 are each reenacted to
read as follows:
Sec. 1409 RCW 29.82.021 and 1984 c 170 s 3 are each amended to
read as follows:
(a) Except as provided in (b) of this subsection, if the recall is
demanded of an elected public officer whose political jurisdiction
encompasses an area in more than one county, the attorney general shall
be the preparer, except if the recall is demanded of the attorney
general, the chief justice of the supreme court shall be the preparer.
(b) If the recall is demanded of an elected public officer whose
political jurisdiction lies wholly in one county, or if the recall is
demanded of an elected public officer of a district whose jurisdiction
encompasses more than one county but whose declaration of candidacy is
filed with a county auditor in one of the counties, the prosecuting
attorney of that county shall be the preparer, except that if the
prosecuting attorney is the officer whose recall is demanded, the
attorney general shall be the preparer.
(2) The synopsis shall set forth the name of the person charged,
the title of ((his)) the office, and a concise statement of the
elements of the charge. Upon completion of the ballot synopsis, the
preparer shall certify and transmit the exact language of the ballot
synopsis to the persons filing the charge and the officer subject to
recall. The preparer shall additionally certify and transmit the
charges and the ballot synopsis to the superior court of the county in
which the officer subject to recall resides and shall petition the
superior court to approve the synopsis and to determine the sufficiency
of the charges.
Sec. 1410 RCW 29.82.023 and 1984 c 170 s 4 are each reenacted to
read as follows:
SYNOPSIS.
Sec. 1411 RCW 29.82.025 and 1984 c 170 s 5 are each amended to
read as follows:
(2) The sponsors of a recall demanded of an officer elected to a
statewide position shall have a maximum of two hundred seventy days,
and the sponsors of a recall demanded of any other officer shall have
a maximum of one hundred eighty days, in which to obtain and file
supporting signatures after the issuance of a ballot synopsis by the
superior court. If the decision of the superior court regarding the
sufficiency of the charges is not appealed, the one hundred eighty or
two hundred seventy day period for the circulation of signatures begins
on the sixteenth day following the decision of the superior court. If
the decision of the superior court regarding the sufficiency of the
charges is appealed, the one hundred eighty or two hundred seventy day
period for the circulation of signatures begins on the day following
the issuance of the decision by the supreme court.
Sec. 1412 RCW 29.82.030 and 1984 c 170 s 6 are each amended to
read as follows:shall)) must be printed on
single sheets of paper of good writing quality (including but not
limited to newsprint) not less than eleven inches in width and not less
than fourteen inches in length. No petition may be circulated or
signed prior to the first day of the one hundred eighty or two hundred
seventy day period established by RCW 29.82.025 for that recall
petition. ((Such)) The petitions ((shall)) must be substantially in
the following form:
| (( signature | for positive identification | street and number, if any | or Town | County |
| | ||||
| - - - - - - - - - - - - | - - - - - - - - - - - - | - - - - - - - - - - - - | - - - - - - - - - - - - | |
| - - - - - - - - - - - - | - - - - - - - - - - - - | - - - - - - - - - - - - | - - - - - - - - - - - - | |
| - - - - - - - - - - - - | - - - - - - - - - - - - | - - - - - - - - - - - - | - - - - - - - - - - - - | |
Sec. 1413 RCW 29.82.040 and 1965 c 9 s 29.82.040 are each amended
to read as follows:shall)) must consist of not more than five sheets with numbered lines
for not more than twenty signatures on each sheet, with the prescribed
warning, title, and form of petition on each sheet, and a full, true,
and correct copy of the original statement of the charges against the
officer referred to therein, printed on sheets of paper of like size
and quality as the petition, firmly fastened together.
Sec. 1414 RCW 29.82.060 and 1991 c 363 s 36 are each reenacted to
read as follows:
(1) In the case of a state officer, an officer of a city of the
first class, a member of a school board in a city of the first class,
or a county officer of a county with a population of forty thousand or
more -- signatures of legal voters equal to twenty-five percent of the
total number of votes cast for all candidates for the office to which
the officer whose recall is demanded was elected at the preceding
election.
(2) In the case of an officer of any political subdivision, city,
town, township, precinct, or school district other than those mentioned
in subsection (1) of this section, and in the case of a state senator
or representative -- signatures of legal voters equal to thirty-five
percent of the total number of votes cast for all candidates for the
office to which the officer whose recall is demanded was elected at the
preceding election.
Sec. 1415 RCW 29.82.080 and 1965 c 9 s 29.82.080 are each amended
to read as follows:
NOTICE. in his office)), the
officer with whom the charge was filed shall stamp on each petition the
date of filing, and shall notify the persons filing them and the
officer whose recall is demanded of the date when the petitions will be
canvassed, which date ((shall)) must be not less than five or more than
ten days from the date of its filing.
Sec. 1416 RCW 29.82.090 and 1984 c 170 s 7 are each reenacted to
read as follows:
(2) The verification and canvass of signatures on the petition may
be observed by persons representing the advocates and opponents of the
proposed recall so long as they make no record of the names, addresses,
or other information on the petitions or related records during the
verification process except upon the order of the superior court. The
elections officer may limit the number of observers to not fewer than
two on each side, if in his or her opinion a greater number would cause
undue delay or disruption of the verification process. Any such
limitation shall apply equally to both sides. If the elections officer
finds the same name signed to more than one petition, he or she shall
reject all but the first such valid signature.
(3) Where the recall of a statewide elected official is sought, the
secretary of state may use any statistical sampling techniques for
verification and canvassing which have been adopted by rule for
canvassing initiative petitions under RCW 29.79.200. No petition will
be rejected on the basis of any statistical method employed. No
petition will be accepted on the basis of any statistical method
employed if such method indicates that the petition contains less than
the number of signatures of legal voters required by Article I, section
33 (Amendment 8) of the state Constitution.
Sec. 1417 RCW 29.82.100 and 1984 c 170 s 8 are each reenacted to
read as follows:
Sec. 1418 RCW 29.82.105 and 1984 c 170 s 9 are each reenacted to
read as follows:
Sec. 1419 RCW 29.82.110 and 1965 c 9 s 29.82.110 are each amended
to read as follows:he)) the officer shall destroy the petitions
unless prevented therefrom by the injunction or mandate of a court.
Sec. 1420 RCW 29.82.120 and 1965 c 9 s 29.82.120 are each amended
to read as follows:thereon
which)) on it that are not certified to be legal voters of the state or
of the political subdivision, as the case may be, and of all names
appearing more than once ((thereon)), and ((he)) shall report the same
to the prosecuting attorneys of the respective counties where ((such))
the names appear to have been signed, to the end that prosecutions may
be had for ((such)) the violation of this chapter.
Sec. 1421 RCW 29.82.130 and 1990 c 59 s 71 are each reenacted to
read as follows:
Sec. 1422 RCW 29.82.140 and 1977 ex.s. c 361 s 109 are each
amended to read as follows:shall)) must be counted, canvassed, and the results
certified in the manner provided by law for counting, canvassing, and
certifying the results of an election for the office from which the
officer is being recalled((: PROVIDED, That)). However, if the
officer whose recall is demanded is the officer to whom, under the law,
returns of elections are made, ((such)) the returns ((shall)) must be
made to the officer with whom the charge is filed, and who called the
special election((; and)). In the case of an election for the recall
of a state officer, the county canvassing boards of the various
counties shall canvass and return the result of ((such)) the election
to the officer calling ((such)) the special election. If a majority of
all votes cast at the recall election is for the recall of the officer
charged, ((he shall)) the officer is thereupon ((be)) recalled and
discharged from ((his)) the office, and the office ((shall)) thereupon
((become and be)) is vacant.
Sec. 1423 RCW 29.82.160 and 1988 c 202 s 30 are each reenacted to
read as follows:
The supreme court has like original jurisdiction in relation to
state officers and revisory jurisdiction over the decisions of the
superior courts. Any proceeding to compel or prevent the performance
of any such act shall be begun within ten days from the time the cause
of complaint arises, and shall be considered an emergency matter of
public concern and take precedence over other cases, and be speedily
heard and determined. Appellate review of a decision of any superior
court shall be begun and perfected within fifteen days after its
decision in a recall election case and shall be considered an emergency
matter of public concern by the supreme court, and heard and determined
within thirty days after the decision of the superior court.
Sec. 1424 RCW 29.71.010 and 1965 c 9 s 29.71.010 are each amended
to read as follows:next)) after the first
Monday of November in the year in which a president of the United
States is to be elected, there shall be elected as many electors of
president and vice president of the United States as there are senators
and representatives in Congress allotted to this state.
Sec. 1425 RCW 29.71.020 and 1990 c 59 s 69 are each reenacted to
read as follows:
COUNTED.
Sec. 1426 RCW 29.71.030 and 1965 c 9 s 29.71.030 are each amended
to read as follows:shall be given, received, returned and)) must be
canvassed ((as the same are given, returned, and canvassed for
candidates for congress)) under chapter 29.62 RCW (as recodified by
this act). The secretary of state shall prepare three lists of names
of electors elected and affix the seal of the state ((to the same.
Such lists shall)). The lists must be signed by the governor and
secretary of state and by the latter delivered to the college of
electors at the hour of their meeting.
Sec. 1427 RCW 29.71.040 and 1977 ex.s. c 238 s 2 are each amended
to read as follows:viva voce)) voice vote, and
plurality
of votes. When all of the electors have appeared and the
vacancies have been filled they shall constitute the college of
electors of the state of Washington, and shall proceed to perform the
duties required of them by the Constitution and laws of the United
States. Any elector who votes for a person or persons not nominated by
the party of which he or she is an elector ((shall be)) is subject to
a civil penalty of up to ((a fine of)) one thousand dollars.
Sec. 1428 RCW 29.71.050 and 1965 c 9 s 29.71.050 are each amended
to read as follows:shall be)) is entitled to receive from this state, five
dollars for each day's attendance at the meeting of the college of
electors, and ten cents per mile for travel by the usually traveled
route in going to and returning from the place where the electors meet.
Sec. 1429 RCW 29.27.140 and 2001 c 30 s 1 are each reenacted to
read as follows:
Sec. 1430 RCW 29.74.010 and 1965 c 9 s 29.74.010 are each amended
to read as follows:
Sec. 1431 RCW 29.74.020 and 1965 c 9 s 29.74.020 are each
reenacted to read as follows:
Sec. 1432 RCW 29.74.030 and 1965 c 9 s 29.74.030 are each amended
to read as follows:shall)) must be not less than
one month nor more than six weeks ((prior to)) before the date of
holding the convention((: PROVIDED, That)). If a general ((state))
election is to be held not more than six months nor less than three
months from the date of official notice of submission to the state of
the proposed amendment, the governor must fix the date of the general
election as the date for the election of delegates to the convention.
Sec. 1433 RCW 29.74.040 and 1965 c 9 s 29.74.040 are each
reenacted to read as follows:
Sec. 1434 RCW 29.74.050 and 1965 c 9 s 29.74.050 are each
reenacted to read as follows:
Sec. 1435 RCW 29.74.060 and 1965 c 9 s 29.74.060 are each amended
to read as follows:said)) the convention
shall, not less than thirty nor more than sixty days ((prior to))
before the date fixed for holding the election, file ((his)) a
declaration of candidacy with the secretary of state. Filing ((shall))
must be made on a form to be prescribed by the secretary of state and
((shall)) include a sworn statement of the candidate ((that he is)) as
being either for or against((, as the case may be,)) the amendment
((which)) that will be submitted to a vote of the convention and that
((he)) the candidate will, if elected as a delegate, vote in accordance
with ((his)) the declaration. The form ((shall)) must be so worded
that the candidate must give a plain unequivocal statement of his or
her views as either for or against the proposal upon which he or she
will, if elected, be called upon to vote. No candidate ((shall)) may
in any such filing make any statement or declaration as to ((his))
party politics or political faith or beliefs. The fee for filing as a
candidate ((shall be)) is ten dollars and ((shall)) must be transmitted
to the secretary of state with the filing papers and be by the
secretary of state transmitted to the state treasurer for the use of
the general fund.
Sec. 1436 RCW 29.74.070 and 1965 c 9 s 29.74.070 are each amended
to read as follows:such)) the convention ((shall)) must as far as
practicable, be ((called, held and conducted)) administered, except as
otherwise provided in this chapter ((provided)), in the same manner as
a general election under the election laws of this state.
Sec. 1437 RCW 29.74.080 and 1990 c 59 s 70 are each reenacted to
read as follows:
Sec. 1438 RCW 29.74.100 and 1965 c 9 s 29.74.100 are each amended
to read as follows:shall)) must be rejected. The
figures determined by the various counts ((shall)) must be entered in
the poll books of the respective precincts. The vote ((shall)) must be
canvassed in each county by the county canvassing board, and
certificate of results ((shall)) must within ((twelve)) fifteen days
after the election be transmitted to the secretary of state. Upon
receiving ((such)) the certificate, the secretary of state ((shall have
power to)) may require returns or poll books from any county precinct
to be forwarded for ((his)) the secretary's examination.
Where a district embraces precincts of more than one county, the
secretary of state shall combine the votes from all the precincts
included in each district. The delegates elected in each district
((shall)) will be the number of candidates((,)) corresponding to the
number of state representatives from the district, who receive the
highest number of votes in the group (either "for" or "against")((,
which)) that received an aggregate number of votes for all candidates
in the group greater than the aggregate number of votes for all the
candidates in the other group((, and)). The secretary of state shall
issue certificates of election((,)) to the delegates so elected.
Sec. 1439 RCW 29.74.110 and 1965 c 9 s 29.74.110 are each amended
to read as follows:It shall be called to
order by)) The secretary of state shall call it to order, who shall
then call the roll of the delegates and preside over the convention
until its president is elected. The chief justice of the supreme court
shall administer the oath of office ((shall then be administered)) to
the delegates ((by the chief justice of the supreme court)). As far as
practicable, the convention shall proceed under the rules adopted by
the last preceding session of the state senate. The convention shall
elect a president and a secretary and shall thereafter and thereupon
proceed ((to)) with a publicly recorded voice vote ((viva voce)) upon
the proposition submitted by the Congress of the United States.
Sec. 1440 RCW 29.74.120 and 1965 c 9 s 29.74.120 are each
reenacted to read as follows:
Sec. 1441 RCW 29.74.130 and 1965 c 9 s 29.74.130 are each amended
to read as follows:
Sec. 1442 RCW 29.74.140 and 1965 c 9 s 29.74.140 are each
reenacted to read as follows:
Sec. 1443 RCW 29.74.150 and 1965 c 9 s 29.74.150 are each
reenacted to read as follows:
Sec. 1501 RCW 29.13.040 and 1965 c 123 s 4 are each amended to
read as follows:as now or hereafter
amended, shall)) must be conducted by the county auditor as ex officio
county supervisor of elections and, except as provided in RCW
29.62.100, the returns ((thereof shall be)) canvassed by the county
canvassing board.
Sec. 1502 RCW 29.62.180 and 1999 c 157 s 3 are
each reenacted to
read as follows:
(2) The number of write-in votes cast for each office must be
recorded and reported with the canvass for the election.
(3) Write-in votes cast for an individual candidate for an office
need not be tallied if the total number of write-in votes cast for the
office is not greater than the number of votes cast for the candidate
apparently nominated or elected, and the write-in votes could not have
altered the outcome of the primary or election. In the case of write-in votes for statewide office or for any office whose jurisdiction
encompasses more than one county, write-in votes for an individual
candidate must be tallied whenever the county auditor is notified by
either the office of the secretary of state or another auditor in a
multicounty jurisdiction that it appears that the write-in votes could
alter the outcome of the primary or election.
(4) In the case of statewide offices or jurisdictions that
encompass more than one county, if the total number of write-in votes
cast for an office within a county is greater than the number of votes
cast for a candidate apparently nominated or elected in a primary or
election, the auditor shall tally all write-in votes for individual
candidates for that office and notify the office of the secretary of
state and the auditors of the other counties within the jurisdiction,
that the write-in votes for individual candidates should be tallied.
Sec. 1503 RCW 29.54.042 and 1990 c 59 s 58 are each reenacted to
read as follows:
Sec. 1504 RCW 29.54.050 and 1999 c 158 s 13 and 1999 c 157 s 4
are each reenacted to read as follows:
Those parts of a ballot are invalid and no votes may be counted for
those issues or offices where more votes are cast for the office or
issue than are permitted by law; write-in votes do not contain all of
the information required under RCW 29.62.180; or that issue or office
is not marked with sufficient definiteness to determine the voter's
choice or intention. No write-in vote may be rejected due to a
variation in the form of the name if the election board or the
canvassing board can determine the issue for or against which or the
person and the office for which the voter intended to vote.
Sec. 1505 RCW 29.54.060 and 1990 c 59 s 57 are each reenacted to
read as follows:
Sec. 1506 RCW 29.54.097 and 1999 c 158 s 12 are each reenacted to
read as follows:
Sec. 1507 RCW 29.54.105 and 1990 c 59 s 60 are each reenacted to
read as follows:
Sec. 1508 RCW 29.54.121 and 1990 c 59 s 24 are each reenacted to
read as follows:
Sec. 1509 RCW 29.54.170 and 1990 c 59 s 61 are each reenacted to
read as follows:
(1) Sample ballot formats together with a record of the format or
formats assigned to each precinct;
(2) All programming material related to the control of the vote
tallying system for that primary or election; and
(3) All test materials used to verify the accuracy of the
tabulating equipment as required by RCW 29.33.350.
Sec. 1510 RCW 29.51.175 and 1990 c 59 s 46 are each reenacted to
read as follows:
Sec. 1511 RCW 29.54.075 and 1999 c 158 s 14 are each amended to
read as follows:
Ballots tabulated in poll-site ballot counting devices must be
sealed by two of the election precinct officers at the polling place,
and a log of the seal and the names of the people sealing the container
must be completed. One copy of this log must be retained by the
inspector, one copy must be placed in the ballot transfer case, and one
copy must be transported with the ballots to the elections department,
where the seal number must be verified by the county auditor or a
designated representative. Ballots may be transported by one election
employee if the container is sealed at the poll and then verified when
returned to the elections department. Auditors using poll-site ballot
counting devices may conduct early pickup of counted ballots on
election day.
In the presence of major party observers who are available, ballots
may be removed from the sealed containers at the elections department
and consolidated into one sealed container for storage purposes. The
containers may only be opened by the canvassing board as part of the
canvass, or to conduct recounts, or under RCW 29.54.025(3), or by order
of the superior court in a contest or election dispute. If the
canvassing board opens a ballot container, it shall make a full record
of the additional tabulation or examination made of the ballots. This
record ((shall)) must be added to any other record of the canvassing
process in that county.
Sec. 1512 RCW 29.54.085 and 1999 c 158 s 15 are each amended to
read as follows:as provided by RCW 29.54.018)).
(2) Upon breaking the seals and opening the ballot containers from
the precincts, all voted ballots ((shall)) must be manually inspected
for damage, write-in votes, and incorrect or incomplete marks. If it
is found that any ballot is damaged so that it cannot properly be
counted by the vote tallying system, a true duplicate copy ((shall))
must be made of the damaged ballot in the presence of witnesses and
substituted for the damaged ballot. All damaged ballots ((shall)) must
be kept by the county auditor until sixty days after the primary or
election or according to federal law, whichever is longer.
(3) The returns produced by the vote tallying system, to which have
been added the counts of questioned ballots, write-in votes, and
absentee votes, constitute the official returns of the primary or
election in that county.
Sec. 1513 RCW 29.27.120 and 1965 c 9 s 29.27.120 are each
reenacted to read as follows:
NEW SECTION. Sec. 1514
(2) The county canvassing board may adopt rules that delegate in
writing to the county auditor or the county auditor's staff the
performance of any task assigned by law to the canvassing board.
(3) The county canvassing board may not delegate the responsibility
of certifying the returns of a primary or election, of determining the
validity of challenged ballots, or of determining the validity of
provisional ballots referred to the board by the county auditor.
(4) The county canvassing board shall adopt administrative rules to
facilitate and govern the canvassing process in that jurisdiction.
(5) Meetings of the county canvassing board are public meetings
under chapter 42.30 RCW. All rules adopted by the county canvassing
board must be adopted in a public meeting under chapter 42.30 RCW, and
once adopted must be available to the public to review and copy under
chapter 42.17 RCW.
Sec. 1515 RCW 29.62.030 and 1995 c 139 s 3 are each amended to
read as follows:is one at which a member, or the officer
designating a member, of the canvassing board is a candidate for an
office,)) the individual who is a candidate must not make decisions
regarding the determination of a voter's intent with respect to a vote
cast for that specific office ((shall)); the decision must be made by
the other two members of the board ((not designated by that officer)).
If the two disagree, the vote ((shall)) must 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.
Sec. 1516 RCW 29.62.020 and 1999 c 259 s 4 are each amended to
read as follows:(1)))
At least every third day after a ((special election,)) primary((,)) or
((general)) election and before certification of the election results,
except Sundays and legal holidays, the county auditor, as delegated by
the county canvassing board, shall ((convene the county canvassing
board or their designees to)) process absentee ballots and canvass the
votes cast at that ((special election,)) primary((,)) or ((general))
election, if the county auditor is in possession of more than twenty-five ballots that have yet to be canvassed. The county auditor, as
delegated by the county canvassing board, may use his or her discretion
in determining when to ((convene the canvassing board or their
designees)) process the remaining absentee ballots and canvass the
votes during the final four days before the certification of election
results in order to protect the secrecy of any ballot. In counties
where this process has not been delegated to the county auditor, the
county auditor shall convene the county canvassing board to process
absentee ballots and canvass the votes cast at the primary or election
as set forth in this section.
Each absentee ballot previously not canvassed that was received by
the county auditor two days or more before ((the convening of the
canvassing board or their designees and)) processing absentee ballots
and canvassing the votes as delegated by or processed by the county
canvassing board, that either was received by the county auditor before
the closing of the polls on the day of the ((special election,))
primary((,)) or ((general)) election for which it was issued, or that
bears a ((date of mailing)) postmark on or before the ((special
election,)) primary((,)) or ((general)) election for which it was
issued, must be processed at that time. The tabulation of votes that
results from that day's canvass must be made available to the general
public immediately upon completion of the canvass.
(((2) 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. 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.))
(3) 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. 1517 RCW 29.54.025 and 1999 c 158 s 9 are each amended to
read as follows:shall be)) is under the direction of the county
auditor and ((shall)) must be observed by one representative from each
major political party, if representatives have been appointed by the
respective major political parties and these representatives are
present while the counting center is operating. The proceedings
((shall)) must be open to the public, but no persons except those
employed and authorized by the county auditor may touch any ballot or
ballot container or operate a vote tallying system.
(2) In counties in which ballots are not counted at the polling
place, the official political party observers, upon mutual agreement,
may request that a precinct be selected at random on receipt of the
ballots from the polling place and that a manual count be made of the
number of ballots and of the votes cast on any office or issue. The
ballots for that precinct ((shall)) must then be counted by the vote
tallying system, and this result ((shall)) will be compared to the
results of the manual count. This may be done as many as three times
during the tabulation of ballots on the day of the primary or election.
(3) In counties using poll-site ballot counting devices, the
political party observers, upon mutual agreement, may choose as many as
three precincts and request that a manual count be made of the number
of ballots and the votes cast on any office or issue. The results of
this count will be compared to the count of the precinct made by the
poll-site ballot counting device. These selections must be made no
later than thirty minutes after the close of the polls. The manual
count must be completed within forty-eight hours after the close of the
polls. The process must take place at a location designated by the
county auditor for that purpose. The political party observers must
receive timely notice of the time and location, and have the right to
be present. However, the process must proceed as scheduled if the
observers are unable to attend.
Sec. 1518 RCW 29.36.330 and 2001 c 241 s 12 are each reenacted to
read as follows:
NEW SECTION. Sec. 1519
(2) At the request of a 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 or representatives.
Sec. 1520 RCW 29.62.040 and 1990 c 59 s 63 are each amended to
read as follows:chairman)) chair
of the county legislative authority or the chair's designee shall
administer an oath to the county auditor or the auditor's designee
attesting to the authenticity of the information presented to the
canvassing board. This oath must be signed by the county auditor or
designee and filed with the returns of the primary or election.
The county canvassing board shall proceed to verify the results
from the precincts and the absentee ballots. The board shall execute
a certificate of the results of the primary or election signed by all
members of the board or their designees. Failure to certify the
returns, if they can be ascertained with reasonable certainty, is a
((misdemeanor)) crime under RCW 29.85.170.
Sec. 1521 RCW 29.62.050 and 1990 c 59 s 64 are each amended to
read as follows:
Sec. 1522 RCW 29.62.080 and 1965 c 9 s 29.62.080 are each amended
to read as follows:
(2) If the requisite number of any federal, state, county, city,
district, or precinct officers ((shall not be)) have not been elected
by reason of two or more persons having an equal and highest number of
votes for one and the same office, the official empowered by state law
to issue the original certificate of election shall give notice to the
several persons so having the highest and equal number of votes to
attend at the appropriate office at the time to be appointed by
((said)) that official, who shall then and there proceed publicly to
decide by lot which of ((the)) those persons ((so having an equal
number of votes shall)) will be declared duly elected, and the ((said))
official shall make out and deliver to the person thus duly declared
elected a certificate of ((his)) election ((as hereinbefore provided)).
Sec. 1523 RCW 29.62.090 and 2001 c 225 s 2 are each amended to
read as follows:abstract 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 must be 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 must be contiguous.
Sec. 1524 RCW 29.62.100 and 1977 ex.s. c 361 s 97 are each
amended to read as follows:
Sec. 1525 RCW 29.62.120 and 1965 c 9 s 29.62.120 are each amended
to read as follows:thereof)) to the
governor.
Sec. 1526 RCW 29.62.130 and 1965 c 9 s 29.62.130 are
each amended
to read as follows:shall)) must be counted, canvassed, and returned by ((the
regular precinct election officers and by the county auditors and))
each county canvassing board((s)) in the manner provided by law for
counting, canvassing, and returning votes for candidates for state
offices. ((It shall be the duty of)) The secretary of state shall, in
the presence of the governor, within thirty days after ((any such)) the
election, ((to)) canvass the votes upon each question and certify to
the governor the result ((thereof, and)). The governor shall forthwith
issue ((his)) a proclamation giving the whole number of votes cast in
the state for and against such measure and declaring the result((:
PROVIDED, That)). If the vote cast upon an initiative or referendum
measure is equal to less than one-third of the total vote cast at the
election, the governor shall proclaim the measure to have failed ((for
that reason)).
Sec. 1601 RCW 29.64.010 and 2001 c 225 s 3 are each amended to
read as follows:
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)) chair and shall indicate the voting residence
of each member of the group.
An application for a recount of the votes cast for an office or on
a ballot measure must be filed with the officer with whom filings are
made for the jurisdiction.
An application for a recount must specify whether the recount will
be done manually or by the vote tally system. A recount done by the
vote tally system must use programming that recounts and reports only
the office or ballot measure in question. The county shall also
provide for a test of the logic and accuracy of that program.
An application for a recount ((shall)) must be filed within three
business days 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 and to the recounting of votes recorded on ballots counted by
a vote tally system.
Sec. 1602 RCW 29.64.015 and 2001 c 225 s 4 are each reenacted to
read as follows:
(a) Whenever such a difference occurs in the number of votes cast
for candidates for a position 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. 1603 RCW 29.64.020 and 2001 c 225 s 5 are each reenacted to
read as follows:
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 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 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. 1604 RCW 29.64.030 and 2001 c 225 s 6 are each reenacted to
read as follows:
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.
(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.
(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.
Sec. 1605 RCW 29.64.035 and 2001 c 225 s 7 are each reenacted to
read as follows:
This recount will be conducted in a manner consistent with RCW
29.64.015.
Sec. 1606 RCW 29.64.040 and 2001 c 225 s 8 are each reenacted to
read as follows:
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. 1607 RCW 29.64.051 and 2001 c 225 s 9 are each reenacted to
read as follows:
Sec. 1608 RCW 29.64.060 and 2001 c 225 s 10 are each reenacted to
read as follows:
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. 1609 RCW 29.64.080 and 2001 c 225 s 11 are each reenacted to
read as follows:
Sec. 1610 RCW 29.64.090 and 1977 ex.s. c 144 s 5 are each amended
to read as follows:
Sec. 1701 RCW 29.04.030 and 1977 ex.s. c 361 s 3 are each
reenacted to read as follows:
(1) An error or omission has occurred or is about to occur in
printing the name of any candidate on official ballots; or
(2) An error other than as provided in subsections (1) and (3) of
this section has been committed or is about to be committed in printing
the ballots; or
(3) The name of any person has been or is about to be wrongfully
placed upon the ballots; or
(4) A wrongful act other than as provided for in subsections (1)
and (3) of this section has been performed or is about to be performed
by any election officer; or
(5) Any neglect of duty on the part of an election officer other
than as provided for in subsections (1) and (3) of this section has
occurred or is about to occur; or
(6) An error or omission has occurred or is about to occur in the
issuance of a certificate of election.
An affidavit of an elector under subsections (1) and (3) above when
relating to a primary election must be filed with the appropriate court
no later than the second Friday following the closing of the filing
period for nominations for such office and shall be heard and finally
disposed of by the court not later than five days after the filing
thereof. An affidavit of an elector under subsections (1) and (3) of
this section when relating to a general election must be filed with the
appropriate court no later than three days following the official
certification of the primary election returns and shall be heard and
finally disposed of by the court not later than five days after the
filing thereof. An affidavit of an elector under subsection (6) of
this section shall be filed with the appropriate court no later than
ten days following the issuance of a certificate of election.
Sec. 1702 RCW 29.65.010 and 1983 1st ex.s. c 30 s 6 are each
amended to read as follows:
(1) For misconduct on the part of any member of any precinct
election board involved therein;
(2) Because the person whose right is being contested was not at
the time ((he)) the person was declared elected eligible to that
office;
(3) Because the person whose right is being contested was previous
to the election convicted of a felony by a court of competent
jurisdiction, ((his)) the conviction not having been reversed nor
((his)) the person's civil rights restored after the conviction;
(4) Because the person whose right is being contested gave a bribe
or reward to a voter or to an inspector or judge of election for the
purpose of procuring ((his)) the election, or offered to do so;
(5) On account of illegal votes.
(a) Illegal votes include but are not limited to the following:
(i) More than one vote cast by a single voter;
(ii) A vote cast by a person disqualified under Article VI, section
3 of the state Constitution.
(b) Illegal votes do not include votes cast by improperly
registered voters who were not properly challenged ((pursuant to))
under RCW 29.10.125 and 29.10.127.
All election contests ((shall)) must proceed under RCW 29.04.030.
Sec. 1703 RCW 29.65.020 and 1977 ex.s. c 361 s 102 are each
amended to read as follows:shall)) must
set forth specifically:
(1) The name of the contestant and that he or she is a registered
voter in the county, district or precinct, as the case may be, in which
the office is to be exercised;
(2) The name of the person whose right is being contested;
(3) The office;
(4) The particular causes of the contest.
No statement of contest ((shall)) may be dismissed for want of form
if the particular causes of contest are alleged with sufficient
certainty. The person charged with the error or omission ((shall))
must be given the opportunity to call any witness, including the
candidate to whom he or she has issued or intends to issue the
certificate of election.
Sec. 1704 RCW 29.65.040 and 1977 ex.s. c 361 s 103 are each
amended to read as follows:it shall be the duty of)) the clerk ((to)) shall inform
the judge of the appropriate court, who may give notice, and order a
session of the court to be held at the usual place of holding ((said))
the court, on some day to be named by ((him)) the judge, not less than
ten nor more than twenty days from the date of ((such)) the notice, to
hear and determine such contested election((: PROVIDED, That)). If no
session ((be)) is called for the purpose, ((such)) the contest
((shall)) must be determined at the first regular session of court
after ((such)) the statement is filed.
The clerk of the court shall also at the time issue a citation for
the person charged with the error or omission, to appear at the time
and
place specified in the notice((, which)). The citation ((shall))
must be delivered to the sheriff and be served upon the party in
person; or if ((he)) the person cannot be found, by leaving a copy
thereof at the house where ((he)) the person last resided.
Sec. 1705 RCW 29.65.050 and 1965 c 9 s 29.65.050 are each
reenacted to read as follows:
The court shall meet at the time and place designated to determine
such contested election by the rules of law and evidence governing the
determination of questions of law and fact, so far as the same may be
applicable, and may dismiss the proceedings if the statement of the
cause or causes of contest is insufficient, or for want of prosecution.
After hearing the proofs and allegations of the parties, the court
shall pronounce judgment in the premises, either confirming or
annulling and setting aside such election, according to the law and
right of the case.
If in any such case it shall appear that another person than the
one returned has the highest number of legal votes, said court shall
declare such person duly elected.
Sec. 1706 RCW 29.65.055 and 1977 ex.s. c 361 s 104 are each
reenacted to read as follows:
If such election is annulled and set aside, judgment for costs
shall be rendered against the party charged with the error or omission
and in favor of the party alleging the same.
Sec. 1707 RCW
29.65.060 and 1965 c 9 s 29.65.060 are each amended
to read as follows:thereof shall)) of the board amounts to such
malconduct as to annul or set aside any election unless the
irregularity or improper conduct was such as to procure the person
whose right to the office may be contested, to be declared duly elected
although ((he)) the person did not receive the highest number of legal
votes.
Sec. 1708 RCW 29.65.070 and 1965 c 9 s 29.65.070 are each
reenacted to read as follows:
Sec. 1709 RCW 29.65.080 and 1965 c 9 s 29.65.080 are each amended
to read as follows:shall
be)) is sufficient to state generally that illegal votes were cast,
((which)) that, if given to the person whose election is contested in
the specified precinct or precincts, will, if taken from ((him)) that
person, reduce the number of ((his)) the person's legal votes below the
number of legal votes given to some other person for the same office.
Sec. 1710 RCW 29.65.090 and 1965 c 9 s 29.65.090 are each amended
to read as follows:shall))
may be received as to any illegal votes unless the party contesting the
election delivers to the opposite party, at least three days before
trial, a written list of the number of illegal votes and by whom given,
((which he)) that the contesting party intends to prove ((on such)) at
the trial. No testimony ((shall)) may be received as to any illegal
votes, except as to such as are specified in the list.
Sec. 1711 RCW 29.65.100 and 1965 c 9 s 29.65.100 are each amended
to read as follows:shall)) may be set aside on account of illegal votes,
unless it appears that an amount of illegal votes has been given to the
person whose right is being contested, ((which)) that, if taken from
((him)) that person, would reduce the number of ((his)) the person's
legal votes below the number of votes given to some other person for
the same office, after deducting therefrom the illegal votes ((which))
that may be shown to have been given to ((such)) the other person.
Sec. 1712 RCW 29.65.120 and 1965 c 9 s 29.65.120 are each
reenacted to read as follows:
NEW SECTION. Sec. 1801
Sec. 1802 RCW
29.79.010 and 1982 c 116 s 1 are each amended to
read as follows:typewritten)) legible copy of the
measure proposed, or the act or part of such act on which a referendum
is desired, accompanied by an affidavit that the ((proposer)) sponsor
is a legal voter and a filing fee prescribed under RCW 43.07.120((, as
now or hereafter amended)).
Sec. 1803 RCW 29.79.015 and 1982 c 116 s 2 are each amended to
read as follows:any petition proposing an initiative to the people or an initiative
to the legislature, and prior to)) a proposed initiative measure, and
before giving it a serial number ((thereto)), the secretary of state
shall submit a copy thereof to the office of the code reviser and give
notice to the ((petitioner)) sponsor of such transmittal. Upon receipt
of the measure, the assistant code reviser to whom it has been assigned
may confer with the ((petitioner)) sponsor and shall within seven
working days from its receipt ((thereof)), review the proposal ((for
matters of form and style, and such matters of substantive import as
may be agreeable to the petitioner, and shall)) and recommend to the
((petitioner)) sponsor such revision or alteration of the measure as
may be deemed necessary and appropriate. The recommendations of the
code reviser's office ((shall be)) are advisory only, and the
((petitioner)) sponsor may accept or reject them in whole or in part.
The code reviser shall issue a certificate of review certifying that he
or she has reviewed the measure ((for form and style)) and that ((the))
any recommendations ((thereon, if any,)) have been communicated to the
((petitioner, and such)) sponsor. The certificate ((shall issue)) must
be issued whether or not the ((petitioner)) sponsor accepts such
recommendations. Within fifteen working days after notification of
submittal of the ((petition)) proposed measure to the code reviser's
office, the ((petitioner)) sponsor, if he or she desires to proceed
with ((his)) sponsorship, shall file the measure together with the
certificate of review with the secretary of state for assignment of a
serial number, and the secretary of state shall ((thereupon)) then
submit to the code reviser's office a certified copy of the measure
filed. Upon ((submitting)) submission of the proposal to the secretary
of state for assignment of a serial number, the secretary of state
shall refuse to make such assignment unless the proposal is accompanied
by a certificate of review.
Sec. 1804 RCW 29.79.020 and 1987 c 161 s 1 are each amended to
read as follows:therefor)) must be filed with
the secretary of state not less than four months before the next
general statewide election.
Initiative measures proposed to be submitted to the legislature
must be filed with the secretary of state within ten months prior to
the next regular session of the legislature at which they are to be
submitted, and the signature petitions ((therefor)) must be filed with
the secretary of state not less than ten days before such regular
session of the legislature.
A referendum measure petition ordering that any act or part
((thereof)) of an act passed by the legislature be referred to the
people must be filed with the secretary of state within ninety days
after the final adjournment of the legislative session at which the act
was passed. It may be submitted at the next general statewide election
or at a special election ordered by the legislature.
A proposed initiative or referendum measure may be filed no earlier
than the opening of the secretary of state's office for business
pursuant to RCW 42.04.060 on the first day filings are permitted, and
any initiative or referendum petition must be filed not later than the
close of business on the last business day in the specified period for
submission of signatures. If a filing deadline falls on a Saturday,
the
office of the secretary of state ((shall)) must be open ((on that
Saturday)) for the transaction of business under this section from 8:00
a.m. to 5:00 p.m. on that Saturday.
Sec. 1805 RCW 29.79.030 and 1982 c 116 s 3 are each amended to
read as follows:"))."
Sec. 1806 RCW 29.79.035 and 2000 c 197 s 1 are each reenacted to
read as follows:
(2) For an initiative to the people, or for an initiative to the
legislature for which the legislature has not proposed an alternative,
the ballot title must be displayed on the ballot substantially as
follows:
"Initiative Measure No. . . . concerns (statement of subject). This measure would (concise description). Should this measure be enacted into law?
| Yes | . . . . . . . . . . . . | |
| No | . . . . . . . . . . . . | " |
"Initiative Measure Nos. . . . and . . .B concern (statement of subject).
Initiative Measure No. . . . would (concise description).
As an alternative, the legislature has proposed Initiative Measure No. . . .B, which would (concise description).
1. Should either of these measures be enacted into law?
| Yes | . . . . . . . . . . . . | |
| No | . . . . . . . . . . . . |
2. Regardless of whether you voted yes or no above, if one of these measures is enacted, which one should it be?
| Measure No. | . . . . . . . . . . . . | |
| or | ||
| Measure No. | . . . . . . . . . . . . | " |
"The legislature has passed . . . . Bill No. . . . concerning (statement of subject). This bill would (concise description). Should this bill be:
| Approved | . . . . . . . . . . . . | |
| Rejected | . . . . . . . . . . . . | " |
"The legislature passed . . . Bill No. . . . concerning (statement of subject) and voters have filed a sufficient referendum petition on this bill. This bill would (concise description). Should this bill be:
| Approved | . . . . . . . . . . . . | |
| Rejected | . . . . . . . . . . . . | " |
Sec. 1807 RCW 29.79.040 and 2000 c 197 s 2 are each reenacted to
read as follows:
Sec. 1808 RCW 29.79.050 and 2000 c 197 s 3 are each
reenacted to
read as follows:
Sec. 1809 RCW 29.79.060 and 2000 c 197 s 4 are each reenacted to
read as follows:
A copy of the petition on appeal together with a notice that an
appeal has been taken shall be served upon the secretary of state, upon
the attorney general, and upon the person proposing the measure if the
appeal is initiated by someone other than that person. Upon the filing
of the petition on appeal or at the time to which the hearing may be
adjourned by consent of the appellant, the court shall accord first
priority to examining the proposed measure, the ballot title or
summary, and the objections to that ballot title or summary, may hear
arguments, and shall, within five days, render its decision and file
with the secretary of state a certified copy of such ballot title or
summary as it determines will meet the requirements of RCW 29.79.040.
The decision of the superior court shall be final. Such appeal shall
be heard without costs to either party.
Sec. 1810 RCW
29.79.070 and 2000 c 197 s 5 are each reenacted to
read as follows:
Sec. 1811 RCW 29.79.080 and 1982 c 116 s 8 are each amended to
read as follows:shall)) must consist of not more than one sheet
with numbered lines for not more than twenty signatures, with the
prescribed warning and title, ((shall)) be in the form required by RCW
29.79.090, 29.79.100, or 29.79.110, ((as now or hereafter amended,))
and ((shall)) have a readable, full, true, and correct copy of the
proposed measure ((referred to therein)) printed on the reverse side of
the petition.
Sec. 1812 RCW 29.79.090 and 1982 c 116 s 9 are each amended to
read as follows:,
shall)) must be substantially in the following form:
| (( signature | for positive identification | street and number, if any | or Town | County |
Sec. 1813 RCW 29.79.100 and 1982 c 116 s 10 are each amended to
read as follows:, shall)) must be substantially in the
following form:
| (( signature | for positive identification | street and number, if any | or Town | County |
Sec. 1814 RCW 29.79.110 and 1993 c 256 s 10 are each amended to
read as follows:shall)) must be substantially in the following form:
| (( signature | for positive identification | street and number, if any | or Town | County |
Sec. 1815 RCW 29.79.115 and 1993 c 256 s 5 are each amended to
read as follows:that))
must appear on petitions as prescribed by ((RCW 29.79.090, 29.79.100,
and 29.79.110 shall)) this title and must be printed on each petition
sheet such that they occupy not less than four square inches of the
front of the petition sheet.
Sec. 1816 RCW 29.79.120 and 1982 c 116 s 12 are each amended to
read as follows:secured upon such initiative petition a
number of)) obtained signatures of legal voters equal to or exceeding
eight percent of the votes cast for the office of governor at the last
regular gubernatorial election prior to the submission of the
signatures for verification, or when the person or organization
demanding
any referendum of an act or part of an act of the legislature
((or any part thereof has secured upon any such referendum petition))
has obtained a number of signatures of legal voters equal to or
exceeding four percent of the votes cast for the office of governor at
the last regular gubernatorial election prior to the submission of the
signatures for verification, ((he or they may submit)) the petition
containing the signatures may be submitted to the secretary of state
for filing.
Sec. 1817 RCW 29.79.140 and 1965 c 9 s 29.79.140 are each
reenacted to read as follows:
(1) A referendum petition ordering and directing that the whole or
some part or parts of an act passed by the legislature be referred to
the people for their approval or rejection at the next ensuing general
election or a special election ordered by the legislature, must be
submitted not more than ninety days after the final adjournment of the
session of the legislature which passed the act;
(2) An initiative petition proposing a measure to be submitted to
the people for their approval or rejection at the next ensuing general
election, must be submitted not less than four months before the date
of such election;
(3) An initiative petition proposing a measure to be submitted to
the legislature at its next ensuing regular session must be submitted
not less than ten days before the commencement of the session.
Sec. 1818 RCW 29.79.150 and 1982 c 116 s 13 are each amended to
read as follows:
(1) That the petition ((is not in the form)) does not contain the
information required by RCW 29.79.090, 29.79.100, or 29.79.110 ((as now
or hereafter amended)).
(2) That the petition clearly bears insufficient signatures.
(3) That the time within which the petition may be filed has
expired.
In case of such refusal, the secretary of state shall endorse on
the petition the word "submitted" and the date, and retain the petition
pending appeal.
If none of the grounds for refusal exists, the secretary of state
must accept and file the petition.
Sec. 1819 RCW 29.79.160 and 1965 c 9 s 29.79.160 are each amended
to read as follows:to him)) for filing, the persons submitting it for filing
may, within ten days after ((his)) the refusal, apply to the superior
court of Thurston county for ((a citation)) an order requiring the
secretary of state to bring the petitions before the court, and for a
writ of mandate to compel ((him)) the secretary of state to file it.
The application ((shall)) takes precedence over other cases and matters
and ((shall)) must be speedily heard and determined.
If the court issues the citation, and determines that the petition
is legal in form and apparently contains the requisite number of
signatures and was submitted for filing within the time prescribed in
the Constitution, it shall issue its mandate requiring the secretary of
state to file it ((in his office)) as of the date of submission for
filing.
The decision of the superior court granting a writ of mandate
((shall be)) is final.
Sec. 1820 RCW 29.79.170 and 1988 c 202 s 28 are each amended to
read as follows:,)) may be reviewed by the supreme court within five
days after the decision of the superior court. The review ((shall))
must be considered an emergency matter of public concern, and ((shall))
be heard and determined with all convenient speed((, and)). If the
supreme court decides that the petitions are legal in form and
apparently contain the requisite number of signatures of legal voters,
and were filed within the time prescribed in the Constitution, it shall
issue its mandate directing the secretary of state to file the petition
((in his office)) as of the date of submission.
Sec. 1821 RCW 29.79.180 and 1965 c 9 s 29.79.180 are each
reenacted to read as follows:
Sec. 1822 RCW 29.79.190 and 1982 c 116 s 14 are each reenacted to
read as follows:
Sec. 1823 RCW 29.79.200 and 1993 c 368 s 1 are each reenacted to
read as follows:
Sec. 1824 RCW 29.79.210 and 1988 c 202 s 29 are each reenacted to
read as follows:
The decision of the superior court granting or refusing to grant
the writ of mandate or injunction may be reviewed by the supreme court
within five days after the decision of the superior court, and if the
supreme court decides that a writ of mandate or injunction, as the case
may be, should issue, it shall issue the writ directed to the secretary
of state; otherwise, it shall dismiss the proceedings. The clerk of
the supreme court shall forthwith notify the secretary of state of the
decision of the supreme court.
Sec. 1825 RCW 29.79.230 and 1965
c 9 s 29.79.230 are each amended
to read as follows:
SUFFICIENCY.
Sec. 1826 RCW 29.79.270 and 1965 c 9 s 29.79.270 are each
reenacted to read as follows:
BILL.
Sec. 1827 RCW 29.79.280 and 1965 c 9 s 29.79.280 are each
reenacted to read as follows:
Sec. 1828 RCW 29.79.290 and 2000 c 197 s
6 are each reenacted to
read as follows:
Sec. 1829 RCW 29.79.300 and 1965 c 9 s 29.79.300 are each amended
to read as follows:cause to be printed)) print on the
official ballots for the election at which initiative and referendum
measures are to be submitted to the people for their approval or
rejection, the serial numbers and ballot titles((,)) certified by the
secretary of state. They ((shall)) must appear under separate headings
in the order of the serial numbers as follows:
(1) Measures proposed for submission to the people by initiative
petition ((shall)) will be under the heading, "Proposed by Initiative
Petition";
(2) Bills passed by the legislature and ordered referred to the
people by referendum petition ((shall)) will be under the heading,
"Passed by the Legislature and Ordered Referred by Petition";
(3) Bills passed and referred to the people by the legislature
((shall)) will be under the heading, "Proposed to the People by the
Legislature";
(4) Measures proposed to the legislature and rejected or not acted
upon ((shall)) will be under the heading, "Proposed to the Legislature
and Referred to the People";
(5) Measures proposed to the legislature and alternative measures
passed by the legislature in lieu thereof ((shall)) will be under the
heading, "Initiated by Petition and Alternative by Legislature."
Sec. 1901 RCW
29.70.100 and 1984 c 13 s 4 are each reenacted to
read as follows:
(2) Within forty-five days after receipt of federal decennial
census information applicable to a specific local area, the commission
established in RCW 44.05.030 shall forward the census information to
each municipal corporation, county, and district charged with
redistricting under this section.
(3) No later than eight months after its receipt of federal
decennial census data, the governing body of the municipal corporation,
county, or district shall prepare a plan for redistricting its internal
or director districts.
(4) The plan shall be consistent with the following criteria:
(a) Each internal director, council, or commissioner district shall
be as nearly equal in population as possible to each and every other
such district comprising the municipal corporation, county, or special
purpose district.
(b) Each district shall be as compact as possible.
(c) Each district shall consist of geographically contiguous area.
(d) Population data may not be used for purposes of favoring or
disfavoring any racial group or political party.
(e) To the extent feasible and if not inconsistent with the basic
enabling legislation for the municipal corporation, county, or
district, the district boundaries shall coincide with existing
recognized natural boundaries and shall, to the extent possible,
preserve existing communities of related and mutual interest.
(5) During the adoption of its plan, the municipal corporation,
county, or district shall ensure that full and reasonable public notice
of its actions is provided. The municipal corporation, county, or
district shall hold at least one public hearing on the redistricting
plan at least one week before adoption of the plan.
(6)(a) Any registered voter residing in an area affected by the
redistricting plan may request review of the adopted local plan by the
superior court of the county in which he or she resides, within forty-five days of the plan's adoption. Any request for review must specify
the reason or reasons alleged why the local plan is not consistent with
the applicable redistricting criteria. The municipal corporation,
county, or district may be joined as respondent. The superior court
shall thereupon review the challenged plan for compliance with the
applicable redistricting criteria set out in subsection (4) of this
section.
(b) If the superior court finds the plan to be consistent with the
requirements of this section, the plan shall take effect immediately.
(c) If the superior court determines the plan does not meet the
requirements of this section, in whole or in part, it shall remand the
plan for further or corrective action within a specified and reasonable
time period.
(d) If the superior court finds that any request for review is
frivolous or has been filed solely for purposes of harassment or delay,
it may impose appropriate sanctions on the party requesting review,
including payment of attorneys' fees and costs to the respondent
municipal corporation, county, or district.
Sec. 1902 RCW 29.15.026 and 1991 c 178 s 2 are each reenacted to
read as follows:
(2) A city, town, or special purpose district that lies in more
than one county shall provide the secretary of state accurate
information describing its geographical boundaries and the boundaries
of its director, council, or commissioner districts and shall ensure
that the information provided to the secretary is kept current. The
secretary of state shall promptly transmit to each county in which a
city, town, or special purpose district is located information
regarding the boundaries of that jurisdiction which is provided to the
secretary.
Sec. 1903 RCW 29.10.060 and 1971 ex.s. c 202 s 27 are each
amended to read as follows:he)) the registrant will be entitled
to vote in the new precinct, giving the name or number.
Sec. 1904 RCW 29.04.140 and 1989 c 278 s 2 are each amended to
read as follows:
(a) ((Adopt rules pursuant to chapter 34.05 RCW governing the
preparation, maintenance, distribution, review, and filing of precinct
maps under RCW 29.04.050;)) Coordinate and monitor precinct mapping functions of the
county auditors and county engineers;
(b)
(((c))) (b) Maintain official state base maps and correspondence
lists and maintain an index of all such maps and lists;
(((d))) (c) Furnish to the United States bureau of the census as
needed for the decennial census of population, current, accurate, and
easily readable versions of maps of all counties, cities, towns, and
other areas of this state, which indicate current precinct boundaries
together with copies of the census correspondence lists.
(2) The secretary of state shall serve as the state liaison with
the United States bureau of census on matters relating to the
preparation of maps and the tabulation of population for apportionment
purposes.
Sec. 2001 RCW 29.42.010 and 1977 ex.s. c 329 s 16 are each
amended to read as follows:shall have the power to)) may:
(((1))) (a) Make its own rules and regulations;
(((2) Call conventions;)) and
(3) Elect delegates to conventions, state and national;
(4) Fill vacancies on the ticket;
(5) Provide for the nomination of presidential electors;
(((6))) (b) Perform all functions inherent in such an
organization((:)).
((PROVIDED, That)) (2) Only major political parties ((shall have
the power to)) may designate candidates to appear on the state primary
((election)) ballot as provided in RCW 29.18.150 ((as now or hereafter
amended)).
Sec. 2002 RCW 29.42.020 and 1987 c 295 s 11 are each amended to
read as follows:shall)) consists of one committeeman and one committeewoman from each
county elected by the county central committee at its organization
meeting. It ((shall)) must have a chair and vice-chair ((who must be))
of opposite sexes. This committee shall meet during January of each
odd-numbered year for the purpose of organization at a time and place
designated by a ((sufficient notice to all the newly elected state
committeemen and committeewomen by the authorized officers of the
retiring committee. For the purpose of this section a)) notice mailed
at least one week ((prior to)) before the date of the meeting ((shall
constitute sufficient notice)) to all the newly elected state
committeemen and committeewomen by the authorized officers of the
retiring committee. At its organizational meeting it shall elect its
chair and vice-chair, and such officers as its bylaws may provide, and
adopt bylaws, rules, and regulations. It ((shall have power to)) may:
(1) Call conventions at such time and place and under such
circumstances and for such purposes as the call to convention ((shall))
designates. The manner, number, and procedure for selection of state
convention delegates ((shall be)) is subject to the committee's rules
and regulations duly adopted;
(2) Provide for the election of delegates to national conventions;
(3) Fill vacancies on the ticket for any federal or state office to
be voted on by the electors of more than one county;
(4) Provide for the nomination of presidential electors; and
(5) Perform all functions inherent in such an organization.
Notwithstanding any provision of this chapter, the committee
((shall not set rules which shall govern)) may not adopt rules
governing the conduct of the actual proceedings at a party state
convention.
Sec. 2003 RCW 29.42.030 and 1987 c 295 s 12 are each amended to
read as follows:shall)) consists of
the precinct committee officers of the party from the several voting
precincts of the county. Following each state general election held in
even-numbered years, this committee shall meet for the purpose of
organization at an easily accessible location within the county,
subsequent to the certification of precinct committee officers by the
county auditor and no later than the second Saturday of the following
January. The authorized officers of the retiring committee shall cause
notice of the time and place of ((such)) the meeting to be mailed to
each precinct committee officer at least seventy-two hours ((prior to))
before the date of the meeting.
At its organization meeting, the county central committee shall
elect a chair and vice-chair ((who must be)) of opposite sexes((; it
shall also elect a state committeeman and a state committeewoman)).
Sec. 2004 RCW 29.42.040 and 1990 c 59 s 104 are each reenacted to
read as follows:
Sec. 2005 RCW 29.42.050 and 1991 c 363 s 34 are each amended to
read as follows:shall)) apply to candidates for precinct
committee officer, except that the filing period for this office alone
((shall be)) is extended to and includes the Friday immediately
following the last day for political parties to fill vacancies in the
ticket as provided by RCW 29.18.150((, and)). The office shall not be
voted upon at the primaries, but the names of all candidates must
appear under the proper party and office designations on the ballot for
the general ((November)) election for each even-numbered year, and the
one receiving the highest number of votes ((shall)) will be declared
elected((: PROVIDED, That)). However, to be declared elected, a
candidate must receive at least ten percent of the number of votes cast
for the candidate of the candidate's party receiving the greatest
number of votes in the precinct. ((Any person elected to the office of
precinct committee officer who has not filed a declaration of candidacy
shall pay the fee of one dollar to the county auditor for a certificate
of election.)) The term of office of precinct committee officer
((shall be for)) is two years, commencing upon completion of the
official canvass of votes by the county canvassing board of election
returns. ((Should any vacancy occur in this office by reason of death,
resignation, or disqualification of the incumbent, or because of
failure to elect, the respective county chair of the county central
committee shall be empowered to fill such vacancy by appointment:
PROVIDED, HOWEVER, That in legislative districts having a majority of
its precincts in a county with a population of one million or more,
such appointment shall be made only upon the recommendation of the
legislative district chair: PROVIDED, That the person so appointed
shall have the same qualifications as candidates when filing for
election to such office for such precinct: PROVIDED FURTHER, That when
a vacancy in the office of precinct committee officer exists because of
failure to elect at a state general election, such vacancy shall not be
filled until after the organization meeting of the county central
committee and the new county chair selected as provided by RCW
29.42.030.))
Sec. 2006 RCW 29.42.070 and 1991 c 363 s 35 are each amended to
read as follows:or within thirty days following July 30, 1967, for the biennium
ending with the 1968 general elections,)) the county chair of each
major political party shall call separate meetings of all elected
precinct committee officers in each legislative district, a majority of
the precincts of which are within a county with a population of one
million or more for the purpose of electing a legislative district
chair in such district. The district chair shall hold office until the
next legislative district reorganizational meeting two years later, or
until a successor is elected.
The legislative district chair ((can only)) may be removed only by
the majority vote of the elected precinct committee officers in the
chair's district.
Sec. 2101 RCW 29.85.245 and 2001 c 41 s 12 are each amended to
read as follows:
(2) The county auditor shall make a good faith effort to contact
the person in question without delay. If the county auditor is unable
to contact the person, or if, after contacting the person, the auditor
still suspects fraudulent voter registration, vote tampering, or
irregularities in voting, the auditor shall refer the issue to the
county prosecuting attorney to determine if further action is
warranted.
(3) When a complaint providing information concerning fraudulent
voter registration, vote tampering, or irregularities in voting ((are
[is])) is presented to the office of the prosecuting attorney, that
office shall file charges in all cases where warranted.
Sec. 2102 RCW 29.82.210 and 1965 c 9 s 29.82.210 are each amended
to read as follows:any
of the provisions of this chapter)) sections 1407 through 1423 of this
act, for the violation of which no penalty is ((herein)) prescribed in
this title or who willfully fails to comply with the provisions of this
chapter ((shall be)) is guilty of a gross misdemeanor.
Sec. 2103 RCW 29.38.070 and 2001 c 241 s 21 are each amended to
read as follows:chapter)) title regarding the conduct of mail ballot primaries or
elections is guilty of a class C felony punishable under RCW 9A.20.021.
Sec. 2104 RCW 29.85.275 and 1991 c 81 s 19 are each reenacted to
read as follows:
Sec. 2105 RCW 29.07.400 and 1994 c 57 s 24 are each reenacted to
read as follows:
(1) Willfully neglects or refuses to perform any duty required by
law in connection with the registration of voters; or
(2) Willfully neglects or refuses to perform such duty in the
manner required by voter registration law; or
(3) Enters or causes or permits to be entered on the voter
registration records the name of any person in any other manner or at
any other time than as prescribed by voter registration law or enters
or causes or permits to be entered on such records the name of any
person not entitled to be thereon; or
(4) Destroys, mutilates, conceals, changes, or alters any
registration record in connection therewith except as authorized by
voter registration law,
he or she is guilty of a gross misdemeanor punishable to the same
extent as a gross misdemeanor that is punishable under RCW 9A.20.021.
Sec. 2106 RCW 29.07.405 and 2001 c 41 s 2 are each reenacted to
read as follows:
Sec. 2107 RCW 29.07.410 and 1994 c 57 s 25 are each reenacted to
read as follows:
(1) Knowingly provides false information on an application for
voter registration under any provision of this title;
(2) Knowingly makes or attests to a false declaration as to his or
her qualifications as a voter;
(3) Knowingly causes or permits himself or herself to be registered
using the name of another person;
(4) Knowingly causes himself or herself to be registered under two
or more different names;
(5) Knowingly causes himself or herself to be registered in two or
more counties;
(6) Offers to pay another person to assist in registering voters,
where payment is based on a fixed amount of money per voter
registration;
(7) Accepts payment for assisting in registering voters, where
payment is based on a fixed amount of money per voter registration; or
(8) Knowingly causes any person to be registered or causes any
registration to be transferred or canceled except as authorized under
this title,
is guilty of a class C felony punishable under RCW 9A.20.021.
Sec. 2108 RCW 29.85.249 and 2001 c 41 s 13 are each reenacted to
read as follows:
Sec. 2109 RCW 29.79.480 and 1993 c 256 s 3 are each amended to
read as follows:this chapter or)) chapter 29A.--- (Part 18 of
this act) or 29.81 RCW, for the violation of which no penalty is herein
prescribed, or who willfully fails to comply with the provisions of
((this chapter or)) chapter 29A.--- (Part 18 of this act) or 29.81 RCW,
((shall be)) is guilty of a gross misdemeanor punishable to the same
extent as a gross misdemeanor that is punishable under RCW 9A.20.021.
Sec. 2110 RCW 29.82.220 and 1984 c 170 s 12 are each amended to
read as follows:
(1) For any consideration, compensation, gratuity, reward, or thing
of value or promise thereof, signs or declines to sign any recall
petition; or
(2) Advertises in any newspaper, magazine or other periodical
publication, or in any book, pamphlet, circular, or letter, or by means
of any sign, signboard, bill, poster, handbill, or card, or in any
manner whatsoever, that he or she will either for or without
compensation or consideration circulate, solicit, procure, or obtain
signatures upon, or influence or induce or attempt to influence or
induce persons to sign or not to sign any recall petition or vote for
or against any recall; or
(3) For pay or any consideration, compensation, gratuity, reward,
or thing of value or promise thereof, circulates, or solicits,
procures, or obtains or attempts to procure or obtain signatures upon
any recall petition; or
(4) Pays or offers or promises to pay, or gives or offers or
promises to give any consideration, compensation, gratuity, reward, or
thing of value to any person to induce him or her to sign or not to
sign, or to circulate or solicit, procure, or attempt to procure or
obtain signatures upon any recall petition, or to vote for or against
any recall; or
(5) By any other corrupt means or practice or by threats or
intimidation interferes with or attempts to interfere with the right of
any legal voter to sign or not to sign any recall petition or to vote
for or against any recall; or
(6) Receives, accepts, handles, distributes, pays out, or gives
away, directly or indirectly, any money, consideration, compensation,
gratuity, reward, or thing of value contributed by or received from any
person, firm, association, or corporation whose residence or principal
office is, or the majority of whose stockholders are nonresidents of
the state of Washington, for any service, work, or assistance of any
kind done or rendered for the purpose of aiding in procuring signatures
upon any recall petition or the adoption or rejection of any recall.
Sec. 2111 RCW 29.79.440 and 1993 c 256 s 2 are each amended to
read as follows:shall
be))
is guilty of a class C felony punishable under RCW 9A.20.021.
Every person who knowingly signs more than one petition for the same
initiative or referendum measure or who signs an initiative or
referendum petition knowing that he or she is not a legal voter or who
makes a false statement as to his or her residence on any initiative or
referendum petition, ((shall be)) is guilty of a gross misdemeanor
punishable to the same extent as a gross misdemeanor that is punishable
under RCW 9A.20.021.
Sec. 2112 RCW 29.82.170 and 1984 c 170 s 11 are each amended to
read as follows:his)) residence
on any recall petition is guilty of a gross misdemeanor. Every
registration officer who makes any false report or certificate on any
recall petition is guilty of a gross misdemeanor.
Sec. 2113 RCW 29.79.490 and 1993 c 256 s 4 are each amended to
read as follows:shall be)) is guilty
of a gross misdemeanor who:
(1) For any consideration or gratuity or promise thereof, signs or
declines to sign any initiative or referendum petition; or
(2) Provides or receives consideration for soliciting or procuring
signatures on an initiative or referendum petition if any part of the
consideration is based upon the number of signatures solicited or
procured, or offers to provide or agrees to receive such consideration
any of which is based on the number of signatures solicited or
procured; or
(3) Gives or offers any consideration or gratuity to any person to
induce him or her to sign or not to sign or to vote for or against any
initiative or referendum measure; or
(4) Interferes with or attempts to interfere with the right of any
voter to sign or not to sign an initiative or referendum petition or
with
the right to vote for or against an initiative or referendum
measure by threats, intimidation, or any other corrupt means or
practice; or
(5) Receives, handles, distributes, pays out, or gives away,
directly or indirectly, money or any other thing of value contributed
by or received from any person, firm, association, or corporation whose
residence or principal office is, or the majority of whose members or
stockholders have their residence outside, the state of Washington, for
any service rendered for the purpose of aiding in procuring signatures
upon any initiative or referendum petition or for the purpose of aiding
in the adoption or rejection of any initiative or referendum measure((:
PROVIDED, That)). This subsection ((shall)) does not apply to or
prohibit any activity ((which)) that is properly reported in accordance
with the applicable provisions of chapter 42.17 RCW.
A gross misdemeanor under this section is punishable to the same
extent as a gross misdemeanor that is punishable under RCW 9A.20.021.
Sec. 2114 RCW 29.15.080 and 1984 c 142 s 8 are each reenacted to
read as follows:
(1) A person who signs a petition with any other than his or her
name shall be guilty of a misdemeanor.
(2) A person shall be guilty of a misdemeanor if the person
knowingly: Signs more than one petition for any single candidacy of
any single candidate; signs the petition when he or she is not a legal
voter; or makes a false statement as to his or her residence.
Sec. 2115 RCW 29.15.110 and 1965 c 9 s 29.18.080 are each amended
to read as follows:shall be)) is guilty of a felony. In addition ((thereto such person
or persons shall be)), all conspirators are subject to a suit for civil
damages, the amount of which ((shall)) may not exceed the salary
((which)) that the injured person would have received had he or she
been elected or reelected.
Sec. 2116 RCW 29.79.500 and 1993 c 256 s 1 are each reenacted to
read as follows:
NEW SECTION. Sec. 2117
(1) Knowingly provides false information on his or her declaration
of candidacy or petition of nomination; or
(2) Conceals or fraudulently defaces or destroys a certificate that
has been filed with an elections officer under chapter 29.24 RCW or a
declaration of candidacy or petition of nomination that has been filed
with an elections officer, or any part of such a certificate,
declaration, or petition,
is guilty of a class C felony punishable under RCW 9A.20.021.
Sec. 2118 RCW 29.15.100 and 1965 c 9 s 29.18.070 are each amended
to read as follows:
(1) A nonexistent or fictitious person; or
(2) The name of any person not his or her true name; or
(3) A name similar to that of an incumbent seeking reelection to
the same office with intent to confuse and mislead the electors by
taking advantage of the public reputation of the incumbent; or
(4) A surname similar to one who has already filed for the same
office, and whose political reputation is widely known, with intent to
confuse and mislead the electors by capitalizing on the public
reputation of the candidate who had previously filed.
Sec. 2119 RCW 29.85.040 and 1991 c 81 s 3 are each reenacted to
read as follows:
(1) Appropriates any official ballot to himself or herself; or
(2) Gives or delivers any official ballot to or permits any
official ballot to be taken by any person other than the officer
authorized by law to receive it; or
(3) Prints or causes to be printed any official ballot: (a) In any
other form than that prescribed by law or as directed by the officer
authorized to procure the printing thereof; or (b) with any other names
thereon or with the names spelled otherwise than as directed by such
officer, or the names or printing thereon arranged in any other way
than that authorized and directed by law.
A gross misdemeanor under this section is punishable to the same
extent as a gross misdemeanor that is punishable under RCW 9A.20.021.
Sec. 2120 RCW 29.85.020 and 1991 c 81 s 2 are each reenacted to
read as follows:
(a) For the purpose of identifying the name of a voter and how the
voter voted; or
(b) For the purpose of determining how a voter, whose name is known
to the person, voted; or
(c) For the purpose of identifying the name of the voter who voted
in a manner known to the person.
(2) Any person who reveals to another information which the person
ascertained in violation of subsection (1) of this section is guilty of
a gross misdemeanor.
(3) A gross misdemeanor under this section is punishable to the
same extent as a gross misdemeanor that is punishable under RCW
9A.20.021.
Sec. 2121 RCW 29.51.020 and 1991 c 81 s 20 are each reenacted to
read as follows:
(a) Suggest or persuade or attempt to suggest or persuade any voter
to vote for or against any candidate or ballot measure;
(b) Circulate cards or handbills of any kind;
(c) Solicit signatures to any kind of petition; or
(d) Engage in any practice which interferes with the freedom of
voters to exercise their franchise or disrupts the administration of
the polling place.
(2) No person may obstruct the doors or entries to a building in
which a polling place is located or prevent free access to and from any
polling place. Any sheriff, deputy sheriff, or municipal law
enforcement officer shall prevent such obstruction, and may arrest any
person creating such obstruction.
(3) No person may:
(a) Except as provided in RCW 29.54.037, remove any ballot from the
polling place before the closing of the polls; or
(b) Solicit any voter to show his or her ballot.
(4) No person other than an inspector or judge of election may
receive from any voter a voted ballot or deliver a blank ballot to such
elector.
(5) Any violation of this section is a gross misdemeanor,
punishable to the same extent as a gross misdemeanor that is punishable
under RCW 9A.20.021, and the person convicted may be ordered to pay the
costs of prosecution.
Sec. 2122 RCW 29.51.030 and 1965 c 9 s 29.51.030 are each amended
to read as follows:shall be)) is guilty
of a misdemeanor, and upon conviction ((shall)) must be fined in any
sum not exceeding one hundred dollars and pay the costs of prosecution.
Sec. 2123 RCW 29.51.221 and 1990 c 59 s 49 are each reenacted to
read as follows:
Sec. 2124 RCW 29.85.010 and 1991 c 81 s 1 are each reenacted to
read as follows:
Sec. 2125 RCW 29.85.110 and 1991 c 81 s 9 are each amended to
read as follows:which)) that the person knows are intended both for use in a polling
place and for enabling a voter to prepare his or her ballot is guilty
of a class C felony punishable under RCW 9A.20.021.
Sec. 2126 RCW 29.85.260 and 1991 c 81 s 18 are each amended to
read as follows:shall be))
is guilty of a class C felony punishable under RCW 9A.20.021.
Sec. 2127 RCW 29.85.051 and 1991 c 81 s 4 are each reenacted to
read as follows:
(1) Deceives any voter in recording his or her vote by providing
incorrect or misleading recording information or by providing faulty
election equipment or records; or
(2) Records the vote of any voter in a manner other than as
designated by the voter.
Such a gross misdemeanor is punishable to the same extent as a
gross misdemeanor that is punishable under RCW 9A.20.021.
Sec. 2128 RCW 29.85.060 and 1991 c 81 s 5 are each reenacted to
read as follows:
Sec. 2129 RCW 29.85.070 and 1991 c 81 s 6 are each reenacted to
read as follows:
Sec. 2130 RCW 29.85.090 and 1991 c 81 s 7 are each reenacted to
read as follows:
Sec. 2131 RCW 29.85.210 and 1991 c 81 s 13 are each reenacted to
read as follows:
Sec. 2132 RCW 29.85.220 and 1991 c 81 s 14 are each reenacted to
read as follows:
Sec. 2133 RCW 29.85.240 and 1991 c 81 s
17 are each amended to
read as follows:shall be)) is guilty of a class
C felony punishable under RCW 9A.20.021.
Sec. 2134 RCW 29.51.230 and 1965 c 9 s 29.51.230 are each amended
to read as follows:shall be)) is unlawful for a voter
to:
(1) ((Show his ballot after it is marked to any person in such a
way as to reveal the contents thereof or the name of any candidate for
whom he has marked his vote;)) Receive a ballot from any person other than the election
officer having charge of the ballots;
(2)
(((3))) (2) Vote or offer to vote any ballot except one ((that he
has)) received from the election officer having charge of the ballots;
(((4) Place any mark upon his ballot by which it may afterward be
identified as the one voted by him;)) (3) Fail to return to the election officers any ballot ((
(5)he))
received from an election officer.
A violation of any provision of this section ((shall be)) is a
misdemeanor, punishable by a fine not exceeding one hundred dollars,
plus costs of prosecution.
Sec. 2135 RCW 29.51.215 and 1981 c 34 s 2 are each amended to
read as follows:, as now or hereafter amended, shall)) will be punished as
for a misdemeanor.
Sec. 2136 RCW 29.36.370 and 2001 c 241 s 14 are each amended to
read as follows:this)) chapter 29A.-- RCW (Part 10 of this
act) regarding the assertion or declaration of qualifications to
receive or cast an absentee ballot or unlawfully casts a vote by
absentee ballot is guilty of a class C felony punishable under RCW
9A.20.021. Except as provided in this chapter ((29.85 RCW)), a person
who willfully violates any other provision of ((this)) chapter 29A.--RCW (Part 10 of this act) is guilty of a misdemeanor.
Sec. 2137 RCW 29.85.100 and 1991 c 81 s 8 are each amended to
read as follows:
(1) Knowingly and falsely issues a certificate of nomination or
election; or
(2) Knowingly provides false information on a certificate which
must be filed with an elections officer under chapter 29.24 RCW((; or)),
(3) Knowingly provides false information on his or her declaration
of candidacy or petition of nomination; or
(4) Conceals or fraudulently defaces or destroys a certificate
which has been filed with an elections officer under chapter 29.24 RCW
or a declaration of candidacy or petition of nomination which has been
filed with an elections officer, or any part of such a certificate,
declaration, or petition
is guilty of a class C felony punishable under RCW 9A.20.021.
Sec. 2138 RCW 29.85.170 and 1991 c 81 s 10 are each reenacted to
read as follows:
Sec.2139 RCW 29.85.225 and 1991 c 81 s 15 are each reenacted to
read as follows:
(2) A violation of this section is a gross misdemeanor punishable
to the same extent as a gross misdemeanor that is punishable under RCW
9A.20.021.
Sec. 2140 RCW 29.85.230 and 1991 c 81 s 16 are each reenacted to
read as follows:
It shall be a gross misdemeanor, punishable to the same extent as
a gross misdemeanor that is punishable under RCW 9A.20.021, for any
person to remove or deface the posted copy of the result of votes cast
at their precinct or to delay delivery of or change the copy of primary
or special or general election returns to be delivered to the proper
election officer.
Sec. 2201 RCW 29.91.010 and 1986 ex.s. c 1 s 3 are each reenacted
to read as follows:
(2) The legislature and the people desire, if the governor and
legislature do not issue a notice of disapproval within twenty-one days
of the president's recommendation, that the people of this state have
the opportunity to vote upon disapproval.
Sec. 2202 RCW 29.91.020 and 1986 ex.s. c 1 s 4 are each amended
to read as follows:
(2) If either the governor or the legislature submits a notice of
disapproval to the United States Congress within twenty-one days of the
date of the recommendation by the president of the United States, then
the governor is authorized to cancel the special election pursuant to
subsection (1) of this section.
Sec. 2203 RCW 29.91.030 and 1986 ex.s. c 1 s 5 are each reenacted
to read as follows:
Sec. 2204 RCW 29.91.040 and 1986 ex.s. c 1 s 6 are each reenacted
to read as follows:
Sec. 2205 RCW 29.91.050 and 1986 ex.s. c 1 s 7 are each reenacted
to read as follows:
Sec. 2206 RCW 29.91.060 and 1986 ex.s. c 1 s 8 are each amended
to read as follows:
Sec. 2301 RCW 29.13.023 and 1981 c 213 s 3 are each reenacted to
read as follows:
Sec. 2302 RCW 29.13.024 and 1981 c 213 s 4 are each reenacted to
read as follows:
Sec. 2303 RCW 43.07.310 and 1992 c 163 s 2 are each amended to
read as follows:
(1) The filing, verification of signatures, and certification of
state initiative, referendum, and recall petitions;
(2) The production and distribution of a state voters' ((and
candidates')) pamphlet;
(3) The examination, testing, and certification of voting
equipment, voting devices, and vote-tallying systems;
(4) The administration, canvassing, and certification of the
presidential primary, state primaries, and state general elections;
(5) The administration of motor voter and other voter registration
and voter outreach programs;
(6) The training, testing, and certification of state and local
elections personnel as established in RCW 29.60.030;
(7) The training of state and local party observers required by RCW
29.60.040;
(8) The conduct of postelection reviews as established in RCW
29.60.070; and
(9) Other duties that may be prescribed by the legislature.
NEW SECTION. Sec. 2401
RCW 29.01.005, 29.01.006, 29.01.008, 29.01.042, 29.01.043,
29.01.045, 29.01.047, 29.01.050, 29.01.055, 29.01.060, 29.01.065,
29.01.068, 29.01.070, 29.01.080, 29.01.090, 29.01.100, 29.01.110,
29.01.113, 29.01.117, 29.01.119, 29.01.120, 29.01.130, 29.01.135,
29.01.136, 29.01.137, 29.01.140, 29.01.155, 29.01.160, 29.01.170,
29.01.180, 29.01.200, 29.04.001, 29.04.010, 29.04.020, 29.57.140,
29.04.025, 29.04.070, 29.04.060, 29.04.085, 29.04.088, 29.04.091,
29.04.230, 29.13.070, 29.13.010, 29.13.020, 29.13.045, 29.13.047,
29.13.048, 29.60.010, 29.60.030, 29.60.040, 29.60.050, 29.60.060,
29.60.070, 29.60.080, 29.60.090, 29.98.010, 29.98.020, 29.98.030,
29.04.080, 29.19.070, 29.60.020, 29.07.005, 29.04.095, 29.10.011,
29.08.010, 29.07.010, 29.08.060, 29.07.110, 29.08.030, 29.07.220,
29.10.081, 29.07.092, 29.07.160, 29.07.152, 29.07.030, 29.07.230,
29.07.070, 29.07.140, 29.07.080, 29.07.090, 29.08.080, 29.08.040,
29.07.025, 29.07.430, 29.07.440, 29.07.260, 29.07.270, 29.10.020,
29.10.040, 29.10.170, 29.10.051, 29.10.090, 29.10.097, 29.10.100,
29.10.110, 29.10.180, 29.10.185, 29.10.015, 29.10.071, 29.10.220,
29.10.075, 29.10.200, 29.10.210, 29.10.230, 29.04.250, 29.07.130,
29.04.100, 29.04.110, 29.04.120, 29.04.150, 29.04.160, 29.04.240,
29.10.125, 29.10.127, 29.10.130, 29.10.140, 29.10.150, 29.33.020,
29.33.041, 29.33.051, 29.33.061, 29.33.081, 29.33.130, 29.33.145,
29.33.300, 29.33.310, 29.33.320, 29.33.330, 29.33.340, 29.33.350,
29.33.360, 29.04.200, 29.57.010, 29.57.090, 29.57.160, 29.04.040,
29.04.050, 29.04.055, 29.48.005, 29.48.007, 29.57.040, 29.57.070,
29.57.100, 29.57.050, 29.57.150, 29.27.090, 29.15.025, 29.13.050,
29.04.170, 29.24.010, 29.24.020, 29.24.025, 29.24.030, 29.24.035,
29.24.040, 29.24.045, 29.24.055, 29.24.060, 29.24.070, 29.15.130,
29.15.140, 29.15.010, 29.15.044, 29.15.020, 29.15.090, 29.15.030,
29.15.040, 29.15.050, 29.15.060, 29.15.070, 29.15.125, 29.15.120,
29.15.160, 29.15.210, 29.15.220, 29.15.170, 29.15.180, 29.15.190,
29.15.200, 29.15.230, 29.04.180, 29.04.190, 29.18.150, 29.18.160,
29.68.070, 29.68.080, 29.68.100, 29.68.130, 29.81.210, 29.04.035,
29.81.220, 29.81.230, 29.27.076, 29.81.240, 29.81.250, 29.81.260,
29.81.280, 29.81.290, 29.81.300, 29.81.310, 29.81A.010, 29.81A.020,
29.81A.030, 29.81A.040, 29.81A.050, 29.81A.060, 29.81A.070, 29.81A.080,
29.27.020, 29.27.057, 29.27.061, 29.27.065, 29.27.0653, 29.27.0655,
29.27.066, 29.27.0665, 29.27.067, 29.30.005, 29.30.010, 29.30.020,
29.30.025, 29.30.040, 29.30.060, 29.30.081, 29.30.085, 29.30.086,
29.30.095, 29.30.101, 29.30.111, 29.30.130, 29.36.210, 29.36.220,
29.36.230, 29.36.240, 29.36.250, 29.36.260, 29.36.270, 29.36.280,
29.36.290, 29.36.300, 29.36.310, 29.36.320, 29.36.340, 29.36.350,
29.36.360, 29.51.010, 29.51.125, 29.51.180, 29.51.190, 29.54.037,
29.48.010, 29.13.080, 29.51.240, 29.51.185, 29.48.030, 29.07.170,
29.48.035, 29.57.130, 29.48.020, 29.48.070, 29.48.090, 29.48.100,
29.51.150, 29.51.050, 29.51.060, 29.51.100, 29.51.070, 29.51.200,
29.54.018, 29.51.250, 29.54.010, 29.54.015, 29.07.180, 29.48.080,
29.48.045, 29.54.093, 29.51.115, 29.51.155, 29.45.010, 29.45.020,
29.45.030, 29.45.040, 29.45.050, 29.45.060, 29.45.065, 29.45.070,
29.45.080, 29.45.090, 29.45.100, 29.45.110, 29.45.120, 29.38.010,
29.38.020, 29.38.030, 29.38.040, 29.38.050, 29.38.060, 29.15.150,
29.18.010, 29.18.120, 29.18.200, 29.21.010, 29.21.015, 29.21.070,
29.21.410, 29.27.030, 29.27.050, 29.27.072, 29.27.074, 29.27.080,
29.27.100, 29.27.110, 29.19.010, 29.19.020, 29.19.030, 29.19.045,
29.19.055, 29.19.080, 29.82.010, 29.82.015, 29.82.021, 29.82.023,
29.82.025, 29.82.030, 29.82.040, 29.82.060, 29.82.080, 29.82.090,
29.82.100, 29.82.105, 29.82.110, 29.82.120, 29.82.130, 29.82.140,
29.82.160, 29.71.010, 29.71.020, 29.71.030, 29.71.040, 29.71.050,
29.27.140, 29.74.010, 29.74.020, 29.74.030, 29.74.040, 29.74.050,
29.74.060, 29.74.070, 29.74.080, 29.74.100, 29.74.110, 29.74.120,
29.74.130, 29.74.140, 29.74.150, 29.13.040, 29.62.180, 29.54.042,
29.54.050, 29.54.060, 29.54.097, 29.54.105, 29.54.121, 29.54.170,
29.51.175, 29.54.075, 29.54.085, 29.27.120, 29.62.030, 29.62.020,
29.54.025, 29.36.330, 29.62.040, 29.62.050, 29.62.080, 29.62.090,
29.62.100, 29.62.120, 29.62.130, 29.64.010, 29.64.015, 29.64.020,
29.64.030, 29.64.035, 29.64.040, 29.64.051, 29.64.060, 29.64.080,
29.64.090, 29.04.030, 29.65.010, 29.65.020, 29.65.040, 29.65.050,
29.65.055, 29.65.060, 29.65.070, 29.65.080, 29.65.090, 29.65.100,
29.65.120, 29.79.010, 29.79.015, 29.79.020, 29.79.030, 29.79.035,
29.79.040, 29.79.050, 29.79.060, 29.79.070, 29.79.080, 29.79.090,
29.79.100, 29.79.110, 29.79.115, 29.79.120, 29.79.140, 29.79.150,
29.79.160, 29.79.170, 29.79.180, 29.79.190, 29.79.200, 29.79.210,
29.79.230, 29.79.270, 29.79.280, 29.79.290, 29.79.300, 29.70.100,
29.15.026, 29.10.060, 29.04.140, 29.42.010, 29.42.020, 29.42.030,
29.42.040, 29.42.050, 29.42.070, 29.85.245, 29.82.210, 29.38.070,
29.85.275, 29.07.400, 29.07.405, 29.07.410, 29.85.249, 29.79.480,
29.82.220, 29.79.440, 29.82.170, 29.79.490, 29.15.080, 29.15.110,
29.79.500, 29.15.100, 29.85.040, 29.85.020, 29.51.020, 29.51.030,
29.51.221, 29.85.010, 29.85.110, 29.85.260, 29.85.051, 29.85.060,
29.85.070, 29.85.090, 29.85.210, 29.85.220, 29.85.240, 29.51.230,
29.51.215, 29.36.370, 29.85.100, 29.85.170, 29.85.225, 29.85.230,
29.91.010, 29.91.020, 29.91.030, 29.91.040, 29.91.050, and 29.91.060.
The code reviser shall correct any cross-references to the
recodified sections.
NEW SECTION. Sec. 2402 RCW 29.13.023 and 29.13.024 are each
recodified as sections in chapter 35.22 RCW.
NEW SECTION. Sec. 2403
NEW SECTION. Sec. 2404
(1) RCW 9.81.100 (Public office -- Candidate must file affidavit) and
1951 c 254 s 16;
(2) RCW 29.01.010 (City clerk) and 1965 c 9 s 29.01.010;
(3) RCW 29.01.020 (City council) and 1965 c 9 s 29.01.020;
(4) RCW 29.01.030 (City precinct) and 1965 c 9 s 29.01.030;
(5) RCW 29.01.040 (Constituency) and 1965 c 9 s 29.01.040;
(6) RCW 29.01.087 (Local voters' pamphlet) and 1984 c 106 s 2;
(7) RCW 29.01.150 (Rural precinct) and 1965 c 9 s 29.01.150;
(8) RCW 29.04.210 (Ballots, voting systems -- Rules by secretary of
state) and 1990 c 59 s 7;
(9) RCW 29.04.235 (Electronic facsimile documents -- Rules) and 1991
c 186 s 2;
(10) RCW 29.07.100 (Registration assistance by city and town
clerks) and 1994 c 57 s 14, 1971 ex.s. c 202 s 13, & 1965 c 9 s
29.07.100;
(11) RCW 29.07.115 (Registration records -- Weekly transmittal) and
1994 c 57 s 15 & 1971 ex.s. c 202 s 23;
(12) RCW 29.07.120 (Registrar's cards -- Weekly transmittal -- Exemption) and 1999 c 298 s 5, 1994 c 57 s 16, 1971 ex.s. c 202 s 16,
& 1965 c 9 s 29.07.120;
(13) RCW 29.07.240 (Computer file of voter registration records -- Rules -- Assistance) and 1974 ex.s. c 127 s 14;
(14) RCW 29.07.280 (Forwarding of forms to voter's county) and 1990
c 143 s 3;
(15) RCW 29.07.290 (Records -- Correction, sorting, transmittal) and
1990 c 143 s 4;
(16) RCW 29.07.300 (Delivery of files to auditors -- Address changes)
and 1994 c 57 s 23 & 1990 c 143 s 5;
(17) RCW 29.07.310 (Driver licensing and voter registration -- Duties
of secretary of state) and 1990 c 143 s 10;
(18) RCW 29.07.320 (Driver licensing and voter registration -- Funding) and 1990 c 143 s 11;
(19) RCW 29.07.420 (Designation of agencies providing registration
services) and 1994 c 57 s 26;
(20) RCW 29.07.450 (Duties of secretary of state) and 1994 c 57 s
29;
(21) RCW 29.08.020 (Duties of county auditor -- Application of
remainder of title) and 1993 c 434 s 2;
(22) RCW 29.08.050 (Declaration and warning) and 1994 c 57 s 31 &
1993 c 434 s 5;
(23) RCW 29.08.070 (Form -- Adoption, contents) and 1993 c 434 s 7;
(24) RCW 29.08.090 (Violations of chapter) and 1993 c 434 s 9;
(25) RCW 29.08.900 (Effective date -- 1993 c 434) and 1993 c 434 s
13;
(26) RCW 29.13.021 (First class commission cities with charters
providing triennial elections) and 1983 c 3 s 43, 1979 ex.s. c 126 s
10, & 1965 c 9 s 29.13.021;
(27) RCW 29.13.060 (Elections in certain first class school
districts) and 1996 c 202 s 1, 1991 c 363 s 32, 1990 c 33 s 563, & 1989
c 10 s 7;
(28) RCW 29.15.046 (Electronic filing -- Rules) and 2002 c 140 s 3;
(29) RCW 29.15.240 (Rejection of ineligible persons) and 1993 c 1
s 7;
(30) RCW 29.15.800 (Rules by secretary of state) and 1990 c 59 s
97;
(31) RCW 29.19.900 (Severability -- 1989 c 4) and 1989 c 4 s 12;
(32) RCW 29.36.900 (Captions not law--2001 c 241) and 2001 c 241 s
26;
(33) RCW 29.51.173 (Effect of term limitations on write-in voting)
and 1993 c 1 s 6;
(34) RCW 29.57.170 (Implementing rules) and 1985 c 205 s 13;
(35) RCW 29.62.010 (Rules for canvassing -- Statement of returns -- Resolving ties) and 1990 c 59 s 62 & 1965 c 9 s 29.62.010;
(36) RCW 29.62.015 (County canvassing board -- Membership, delegation
of authority, public meetings) and 1995 c 139 s 1;
(37) RCW 29.64.070 (Rules) and 1991 c 81 s 38 & 1965 c 9 s
29.64.070;
(38) RCW 29.64.900 (Short title -- Construction) and 1965 c 9 s
29.64.900;
(39) RCW 29.68.015 (United States house of representatives -- Term
limits) and 1993 c 1 s 4;
(40) RCW 29.68.016 (United States senate -- Term limits) and 1993 c
1 s 5;
(41) RCW 29.68.120 (Vacancy in congress -- Canvass of primary and
special vacancy election -- Certification of nominees) and 1985 c 45 s 6,
1983 c 3 s 46, 1973 2nd ex.s. c 36 s 7, & 1965 c 9 s 29.68.120;
(42) RCW 29.74.090 (Election of convention delegates -- Qualifications of voters) and 1965 c 9 s 29.74.090;
(43) RCW 29.79.250 (Referendum bills by legislature -- Serial
numbering) and 1965 c 9 s 29.79.250;
(44) RCW 29.81.270 (Deadlines) and 1999 c 260 s 7;
(45) RCW 29.81.320 (Procedural rules) and 1999 c 260 s 12;
(46) RCW 29.81A.900 (Effective date -- 1984 c 106) and 1984 c 106 s
14;
(47) RCW 29.81A.901 (Severability -- 1984 c 106) and 1984 c 106 s 13;
(48) RCW 29.91.900 (Transmission of copies of act -- 1986 ex.s. c 1)
and 1986 ex.s. c 1 s 10;
(49) RCW 29.91.901 (Referral to electorate -- Ballot title -- 1986
ex.s. c 1) and 1986 ex.s. c 1 s 11;
(50) RCW 29.98.050 (Emergency -- 1965 c 9) and 1965 c 9 s 29.98.050;
and
(51) RCW 43.01.015 (Governor, lieutenant governor--Terms limited)
and 1993 c 1 s 2.
NEW SECTION. Sec. 2405