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SUBSTITUTE SENATE BILL NO. 5045
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AS AMENDED BY THE HOUSE
C 054 L 87
State of Washington 50th Legislature 1987 Regular Session
By Senate Committee on Judiciary (originally sponsored by Senators Talmadge and Newhouse)
Read first time 2/2/87.
AN ACT Relating to elections; amending RCW 29.30.075, 29.62.020, 29.64.010, 29.64.015, and 29.64.020; and repealing RCW 29.30.360.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. Section 29.30.075, chapter 9, Laws of 1965 as last amended by section 56, chapter 361, Laws of 1977 ex. sess. and RCW 29.30.075 are each amended to read as follows:
((In
counties using absentee paper ballots, at least twenty days before any primary,
each)) Except where a recount or litigation under RCW 29.04.030 is
pending, the county auditor shall have ((prepared)) sufficient ((paper))
absentee ballots ((for use by)) ready to mail to absentee
voters of that county at least twenty days before any primary, general
election, or special election.
Sec. 2. Section 29.62.020, chapter 9, Laws of 1965 and RCW 29.62.020 are each amended to read as follows:
((On))
No later than the tenth day after ((each)) a special
election or primary ((or as soon as he has received the returns from all the
precincts included therein)) and no later than the fifteenth day after a
general election, the county auditor shall ((call a meeting of)) convene
the county canvassing board ((at his office on a day and hour certain, for
the purpose of canvassing the votes cast therein)) to process the
absentee ballots and canvass the votes cast at that primary or election. On
the tenth day after a special election or a primary and on the fifteenth day
after a general election, the canvassing board shall complete the canvass and
certify the results. All properly and timely voted absentee ballots which have
been received on or before the date on which the primary or election is
certified shall be included in the canvass. Meetings of the county canvassing
board are public meetings under chapter 42.30 RCW. The county
canvassing board shall consist of the county auditor, the chairman of the ((board
of)) county ((commissioners)) legislative authority, and the
prosecuting attorney or designated representatives of those officials.
At the request of any caucus of the state legislature, the county auditor shall transmit copies of all unofficial returns of state and legislative primaries or elections prepared by or for the county canvassing board to either the secretary of the senate or the chief clerk of the house.
Sec. 3. Section 29.64.010, chapter 9, Laws of 1965 as amended by section 98, chapter 361, Laws of 1977 ex. sess. and RCW 29.64.010 are each amended to read as follows:
An officer
of a political party or any person for whom votes were cast in a primary ((election
for nomination as a candidate for election to an office)) who was not
declared nominated may file ((with the appropriate canvassing board or
boards)) a written application for a recount of the votes or a portion
of the votes cast at ((such)) that primary ((in any
precinct)) for all persons for whom votes were cast ((in such precinct
for such)) for nomination to that office.
An officer
of a political party or any person ((who was a candidate)) for whom
votes were cast at any ((general)) election ((for election to an
office or position who was not declared elected,)) may file ((with the
appropriate canvassing board or boards)) a written application for a
recount of the votes or a portion of the votes cast at ((such)) that
election ((in any precinct in such county)) for all candidates for
election to ((such)) that office ((or position)).
Any group
of five or more registered voters may file ((with the appropriate canvassing
board or boards)) a written application for a recount of the votes or a
portion of the votes cast ((at any election, regular or special, in any
precinct)) upon any question or issue((, provided that the members of
such group shall state in such application that they voted on such question or
proposition. Such group of electors shall, in such application,)).
They shall designate one of the members of the group as chairman((,))
and shall indicate ((therein)) the voting residence of each member of ((such))
the group. ((In the event the recount requested concerns a regular
or special district election whereat the precincts were combined and the
election results of the individual precincts impossible to determine, the
application for the recount shall embrace all ballots cast at such district
election.))
An application for a recount of the votes cast for a state or local office or on a ballot measure in a jurisdiction that is entirely within one county shall be filed with the county auditor of that county. An application for a recount of the votes cast for a federal office or for any state office or on a ballot measure in a jurisdiction that is not entirely within a single county shall be filed with the secretary of state.
An
application for a recount in a ((precinct)) jurisdiction
using a vote tally system shall specify whether the recount shall be done
manually or by the vote tally system. A recount done by the vote tally system
shall use separate and distinct programming from that used in the original
count, and shall also provide for a separate and distinct test of the logic and
accuracy of ((such)) that program.
((All))
An application((s)) for a recount shall be filed within
three days, excluding Saturdays ((and)), Sundays, and
holidays, after the county canvassing board or secretary of state
has declared the official results of the primary or election for the office
or issue for which the recount is requested.
((The
provisions of)) This chapter ((shall apply)) applies
to the recounting of votes cast by paper ballots ((and counted at the
polling places)), to the recheck of votes recorded on voting machines, and
to the recounting of votes recorded on ballot cards and counted by a vote tally
system. ((The provisions of this chapter shall neither apply to votes cast
by absentee ballot and counted by the canvassing authority, nor to votes cast
on voting machines printing election returns: PROVIDED, That this chapter
shall apply to votes cast by absentee and counted by the canvassing authority
if specific request for such recount is made at the time the application is
filed and the additional deposit is made as provided in RCW 29.64.020.))
Sec. 4. Section 29.64.015, chapter 9, Laws of 1965 and RCW 29.64.015 are each amended to read as follows:
If the
official canvass of all of the returns ((of)) for any office
at any primary or election reveals that the difference in the number of
votes cast for a candidate apparently nominated or elected to any
office((, as the case may be,)) and the number of votes cast for ((his))
the closest apparently defeated opponent is not more than one-half of
one percent of the total number of votes cast for both candidates, the county
canvassing board shall((, of its own motion, make)) conduct, or the
secretary of state shall direct the appropriate county canvassing boards to
conduct, a recount of all votes cast on ((such)) that
position. A mandatory recount shall be conducted in the manner provided
by RCW 29.64.020, 29.64.030, and 29.64.040((, and)). No
cost of ((such)) a mandatory recount ((shall)) may
be charged to ((either)) any candidate ((concerned)).
Sec. 5. Section 29.64.020, chapter 9, Laws of 1965 as amended by section 99, chapter 361, Laws of 1977 ex. sess. and RCW 29.64.020 are each amended to read as follows:
((Each))
An application for a recount shall ((separately list each
precinct as to)) state the office for which a recount ((of the
votes therein)) is requested((,)) and whether the request is for
all or only a portion of the votes cast in that jurisdiction of that office. The
person filing an application shall, at the same time, deposit
with the county canvassing board ((the sum of ten dollars)) or
secretary of state, in cash or by certified check ((for each precinct so
listed in such application)), a sum equal to five cents for each ballot
cast in the jurisdiction or portion of the jurisdiction for which the recount
is requested as security for the payment of ((charges for the making))
any costs of conducting the recount ((therein applied for,
which)). These charges shall be ((fixed)) determined
by the county canvassing board ((as provided in)) or boards
under RCW 29.64.060. ((In the event the application for a recount
applies to a special or regular district election then the deposit to be made
with the canvassing board shall be ten dollars in cash or by certified check
for each precinct completely or partially within said district. If at said
special or regular district election paper ballots were used and the precincts
were combined and the election results of the individual precincts impossible
to determine, then the deposit shall be a sum of money equal to the total number
of ballots cast at such district election multiplied by the factor of five
cents; and if a specific request is made for the recount of absentee ballots,
then an additional deposit shall be made in a sum of money equal to the total
number of such absentee ballots to be counted multiplied by the factor of five
cents.
If at said
special or regular district election voting machines were used and the
precincts were combined and the election results of the individual precincts
impossible to determine, then the deposit shall be ten dollars for each voting
machine used.
If ballot
cards and a vote tally system were used at any precinct as to which a recount
is requested, the amount of the deposit required shall depend on whether a
manual recount of ballot cards or a recount by the vote tally system is
requested. If a manual recount of the ballot cards is requested, the deposit
shall be the same as for paper ballots. If a recount by the vote tally system
is requested, the deposit shall be five cents for each ballot card.
Upon)) Promptly after the filing of an application for
a recount or the receipt of a request from the secretary of state to conduct a
recount, the county canvassing board shall ((promptly fix the))
determine a time ((when)) and ((the)) a place or
places at which the recount will be ((made, which)) conducted.
This time shall be ((not later)) less than five days after
the day upon which ((such)) the application ((is)) was
filed with or the request from the secretary of state was received by the
county canvassing board. The county auditor shall mail a notice of
the time and place ((so fixed)) of the recount to the applicant((.
If the application requests a recount of votes cast for a nomination or a
candidacy for election, the auditor shall also mail such notice to each)) and,
if the recount involves an office, to any person for whom votes were cast
for ((such nomination or election. Such)) that office. The
notice shall be mailed by ((registered)) certified mail not ((later))
less than two days before the date ((fixed for the commencement))
of the recount. Each person entitled to receive ((such)) notice of
the recount may attend ((and)), witness the recount,
and ((may)) be accompanied by counsel.
((In the
case of a recount of votes cast upon a question or proposition, a second group
of five or more registered voters, who voted upon such question or proposition
other than those voters requesting the recount, may file with the canvassing
board a written statement to that effect, may designate therein one of their
number as chairman of such group and an attorney as their legal counsel, and
may request that the persons so designated be permitted to attend and witness
the recount. Thereupon the persons so designated)) 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 ((the)) a recount.
NEW SECTION. Sec. 6. Section 38, chapter 361, Laws of 1977 ex. sess. and RCW 29.30.360 are each repealed.