WSR 06-10-076

PROPOSED RULES

SECRETARY OF STATE


(Elections Division)

[ Filed May 2, 2006, 3:10 p.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 06-06-052.

     Title of Rule and Other Identifying Information: Implementation of pick-a-party primary rules.

     Hearing Location(s): Conference Room, 520 Union Avenue S.E., Olympia, WA 98501, on June 13, 2006, at 1:30 p.m.

     Date of Intended Adoption: June 20, 2006.

     Submit Written Comments to: Tami Neilson, P.O. Box 40220, Olympia, WA 98504-0220, e-mail tneilson@secstate.wa.gov, fax (360) 586-5629, by June 13, 2006.

     Assistance for Persons with Disabilities: Contact TTY (800) 422-8683.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Rules implementing the pick-a-party primary system are proposed. The pick-a-party primary system will be used for the 2006 primary unless Washington State Republican Party v. Logan, 377 F. Supp. 2d 907 (W.D. Wash 2005) is overturned.

     Reasons Supporting Proposal: Permanent rules are necessary to implement the pick-a-party primary.

     Statutory Authority for Adoption: RCW 29A.04.611.

     Rule is necessary because of federal court decision, Washington State Republican Party v. Logan, 377 F. Supp. 2d 907 (W.D. Wash 2005).

     Name of Proponent:

     Name of Agency Personnel Responsible for Drafting: Tami Neilson, Legislative Building, (360) 902-4182; Implementation and Enforcement: Sheryl Moss, 520 Union Avenue S.E., (360) 902-4146.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. Changes to [do] not appear to have an impact on small business.

     A cost-benefit analysis is not required under RCW 34.05.328. Not applicable.

May 2, 2006

Steve Excell

Assistant Secretary of State

OTS-8828.1


AMENDATORY SECTION(Amending WSR 04-15-089, filed 7/16/04, effective 8/16/04)

WAC 434-215-005   Filing information -- Questionnaire -- Compiling and dissemination.   Prior to ((May)) April 1 of each year, the county auditor shall send a questionnaire to the administrative authority of each local jurisdiction for which the auditor is the candidate filing officer subject to the provisions of RCW 29A.04.320 and 29A.04.330. The purpose of the questionnaire shall be to confirm information which the auditor may disseminate to the public regarding the filing for elective offices. The questionnaire should request, as a minimum, confirmation of offices to be filled at the general election that year, the name of the incumbent, and the annual salary for the position at the time of the filing period((, and the statutory reference for candidate eligibility)). Responses should be received prior to ((June)) May 1 of that year so that the filing information can be compiled and disseminated to the public at least two weeks prior to the candidate filing period.

[Statutory Authority: RCW 29A.04.610. 04-15-089, § 434-215-005, filed 7/16/04, effective 8/16/04. 02-09-007, recodified as § 434-215-005, filed 4/4/02, effective 4/4/02. Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 97-21-045, § 434-228-005, filed 10/13/97, effective 11/13/97.]


AMENDATORY SECTION(Amending WSR 02-15-156, filed 7/23/02, effective 8/23/02)

WAC 434-215-012   Declaration of candidacy -- Offices subject to a primary.   Declarations of candidacy for all partisan and nonpartisan offices filed either in person or by mail shall be in substantially the following form:

((STRICKEN GRAPHIC
STRICKEN GRAPHIC))

((STRICKEN GRAPHIC
STRICKEN GRAPHIC))

((Candidate: Return all copies of this declaration to the filing officer. Distribution by the filing officer: White -- County; Yellow -- PDC; Pink -- Candidate))

The form shall measure eight and one-half inches by eleven inches and be printed on paper stock of good quality. The form shall also contain space for recording the date and time of filing and a sequential filing and receipt number. One copy of the form or an electronic file, in a format approved by the secretary of state and acceptable to the public disclosure commission, containing the information on the form of each properly executed and filed declaration and affidavit of candidacy shall be forwarded to the public disclosure commission as required by RCW ((29.15.030)) 29A.24.070, and one copy of the form or an electronic file containing the information on the form of each properly executed and filed declaration and affidavit of candidacy shall be returned to the candidate.

[Statutory Authority: 2002 c 140 § 3. 02-15-156, § 434-215-012, filed 7/23/02, effective 8/23/02. 02-09-007, recodified as § 434-215-012, filed 4/4/02, effective 4/4/02. Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 97-21-045, recodified as § 434-228-012, filed 10/13/97, effective 11/13/97. Statutory Authority: 1990 c 59. 92-12-083, § 434-28-012, filed 6/2/92, effective 7/3/92. Statutory Authority: RCW 29.04.080. 84-15-050 (Order 84-2), § 434-28-012, filed 7/16/84; 80-05-014 (Order 80-1), § 434-28-012, filed 4/8/80.]


AMENDATORY SECTION(Amending WSR 02-09-007, filed 4/4/02, effective 4/4/02)

WAC 434-215-020   Declaration of candidacy -- Precinct committee officer.   Declarations of candidacy for the office of precinct committee officer, shall be filed in substantially the following form:
align="center"

((DECLARATION OF CANDIDACY


State of Washington

County of . . . . . . . . . . . .

|

>

|

ss.
     I, (Name as it will appear on ballot) , declare that I am a registered voter residing at (Street and Number or Rural Route) , (City or Town) , County of . . . . . . . . , state of Washington; that, at the time of filing this declaration, I am a registered voter in . . . . . . . precinct and that I am legally qualified to assume office if elected; that I hereby declare myself a candidate for the office of precinct committee officer to be elected at the general election to be held on the . . . . . . . . day of November, 19. . . , and hereby request that my name be printed upon the official general election ballots as a candidate of the . . . . . . . party, and:


     I accompany herewith the sum of . . . . . . . dollars, the fee required by law of me for becoming a candidate

AFFIDAVIT
     FURTHER, I declare, under penalty of perjury, that I will support the Constitution and laws of the United States and the Constitution and laws of the state of Washington.

. . . . . . . . . . . .
(Signature of candidate)))

The forms shall measure eight and one-half inches by eleven inches and be printed on paper stock of good quality. The form may also contain space for recording the date and time of filing, a receipt number, if applicable, and a sequential filing number. County auditors may design and use a declaration of candidacy different in form and style from that specified by this rule as long as it contains all of the information required by this rule.

[02-09-007, recodified as § 434-215-020, filed 4/4/02, effective 4/4/02. Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 97-21-045, recodified as § 434-228-020, filed 10/13/97, effective 11/13/97. Statutory Authority: 1990 c 59. 92-12-083, § 434-28-020, filed 6/2/92, effective 7/3/92. Statutory Authority: RCW 29.04.080. 84-15-050 (Order 84-2), § 434-28-020, filed 7/16/84; Order 75-1, § 434-28-020, filed 6/26/75.]

OTS-8829.2

Chapter 434-220 WAC

PARTISAN PRIMARIES


NEW SECTION

WAC 434-220-010   Partisan primaries.   This chapter is limited in application to the conduct of partisan primaries and nonpartisan primaries held in conjunction with partisan primaries. If a county holds only a nonpartisan primary, it is exempt from this chapter.

[]


NEW SECTION

WAC 434-220-020   Definitions.   As used in this chapter:

     (1) "Checkbox" means a voter response position on a consolidated ballot that allows a voter who desires to vote in a partisan primary to affiliate with a major political party.

     (2) "Consolidated ballot" is a single ballot that lists the candidates for partisan office of all major political parties, the candidates for nonpartisan office, and the ballot measures. The candidates for partisan office are listed by party, and each party is separated from the other parties. The candidates for nonpartisan office and the ballot measures are listed at the end of the ballot, after the partisan offices. In the case of a direct recording electronic device, a consolidated ballot must have a beginning screen which contains a checkbox for the major political parties. After the voter has affiliated with a major party by marking a checkbox, only the party ballot checked by the voter and the nonpartisan ballot shall appear to the voter.

     (3) "Nonpartisan ballot" means a ballot that includes nonpartisan offices listed in RCW 29A.52.231, and ballot measures.

     (4) "Party affiliation" means:

     (a) For a voter:

     (i) On a consolidated ballot, a voter's selection of a major political party in a manner consistent with the type of voting system used;

     (ii) On physically separate ballots, voting a major political party's ballot;

     (b) For a write-in candidate, filing as a write-in candidate as a member of a major political party.

     (5) "Physically separate ballots" include party ballots for each major political party, and a nonpartisan ballot. Each party ballot lists the candidates for partisan office that have listed that party on the declaration of candidacy.

     (6) "Spot color" means coloring a portion of the ballot.

     (7) "Void," when applied to unvoted ballots, means keeping the unvoted ballots in the sealed container in which they were deposited on election day.

[]


NEW SECTION

WAC 434-220-030   Ballot layout and color -- Consolidated ballots.   A county may choose to use a combination of both consolidated and physically separate ballots for poll-site, absentee, and vote by mail ballots. County auditors may use spot coloring, shading, or colored printing to assist the voter in distinguishing between party sections. If color is used, blue must be used for the democratic party ballot, and red must be used for the republican party ballot. In addition to other requirements listed in state law and administrative rule, the following provisions apply to the layout of consolidated ballots:

     (1) The party checkboxes must be listed before all offices and ballot measures, pursuant to RCW 29A.36.106. The checkboxes must be labeled "democratic party" and "republican party."

     (2) Ballots must list partisan office candidates in columns or sections labeled "democratic party" and "republican party." If a party section spans multiple columns, the next party section must either:

     (a) Begin where the last party section ended, and there must be a well-defined division between the party sections; or

     (b) Candidates shall be listed in columns or sections, by major political party. It is permissible for party sections to span multiple columns to facilitate ballot arrangement. The next major party section must begin where the last major party section ends with a well-defined division between party sections. If all parties cannot be listed on the same side of the ballot, there must be a conspicuous explanation that additional parties are listed on the other side of the ballot.

     (3) Ballots must list the nonpartisan offices and ballot measures separately in a column or section labeled "nonpartisan offices and measures."

     (4) Ballot instructions must be printed on the ballot and include:

     (a) Instructions on how to mark the ballot, including write-in votes; and

     (b) Instructions, as required by RCW 29A.36.106 and 29A.36.161, printed in substantially the following form:

     "This ballot contains major political party candidates for the partisan offices, candidates for the nonpartisan offices, and ballot measures. For the partisan offices, you may vote for candidates of only one political party. Regardless of whether you vote for partisan offices, you may vote for the nonpartisan offices and the ballot measures.

     1. Select one political party. If you do not select a party or if you select more than one party, your votes for partisan offices will not be counted. No record will be made of the party you select.

     2. Vote only for candidates of that party. Votes for another party's candidates will not be counted.

     3. Vote for nonpartisan offices and ballot measures. These votes will be counted, even if you do not select a political party."

     (5) Ballot instructions may be printed on the ballot itself or on the ballot stub. An instruction page may be considered a separate page of the ballot in which case page one of the ballot must be the instruction page and the candidates and ballot measures must begin on page two.

[]


NEW SECTION

WAC 434-220-040   Ballot layout and color -- Physically separate ballots.   A county may choose to use a combination of both consolidated and physically separate ballots for poll-site, absentee, and vote by mail ballots. County auditors may use colored ballot stock, spot coloring, shading, or colored printing to assist the voter in distinguishing between the ballots. If colored ballot stock is used, blue must be used for the democratic party ballot, and red must be used for the republican party ballot. In addition to other requirements listed in state law and administrative rule, the following provisions apply to the layout of physically separate ballots:

     (1) A separate ballot must be produced for each major political party and for all nonpartisan races. The political party abbreviation after each candidate's name may be eliminated if the ballot layout clearly identifies the candidate's political party.

     (2) Each physically separate ballot must have "democratic party," "republican party," or "nonpartisan offices and measures" printed on the ballot. In addition to the requirements of RCW 29A.36.121, each party ballot must list partisan offices first, then all nonpartisan offices and ballot measures. All ballots must be issued to each voter, both at the poll-site and to voters voting by mail or absentee. Voters must be instructed to vote and return only one ballot.

     (3) Ballot instructions must be printed on the ballot and must include:

     (a) Instructions on how to mark the ballot, including write-in votes; and

     (b) Instructions, as required by RCW 29A.36.106 and 29A.36.161, printed in substantially the following form:

     "Separate ballots for each political party have been provided, in addition to a third ballot for nonpartisan offices and ballot measures. Each party ballot lists the candidates of that political party running for partisan office, as well as the candidates running for nonpartisan office and the ballot measures. The ballot labeled "nonpartisan offices and measures" lists the candidates running for nonpartisan office and the ballot measures, but does not list any partisan offices.

     You may only vote one ballot. Your affiliation with a political party is inferred by choosing that party's ballot, but no record will be made of your choice. If you cast more than one party ballot, none of your votes for partisan office will count. If you vote for the nonpartisan offices and ballot measures on a party ballot, return the party ballot only and not the separate nonpartisan ballot. Votes for the nonpartisan offices and ballot measures will not be affected by your choice of party ballot."

     (4) Ballot instructions may be printed on the ballot itself or on the ballot stub. An instruction page may be considered a separate page of the ballot in which case page one of the ballot must be the instruction page and the candidates and ballot measures must begin on page two.

[]


NEW SECTION

WAC 434-220-050   Order of political parties.   The order of political parties for consolidated ballots and ballot guides, sample ballots, and notices of election must be in the same order as candidates on the general election ballot as determined by RCW 29A.36.161.

[]


NEW SECTION

WAC 434-220-060   Ballot programming -- Consolidated ballots.   (1) Before a county may use a consolidated ballot format, the ballot counting program must achieve the following:

     (a) If a voter marks a checkbox for a major political party, only votes for candidates of that party may be counted; and

     (b) If a voter does not mark a checkbox for a major political party, no votes for a partisan office may be counted; and

     (c) If a voter marks two or more checkboxes, no votes for a partisan office may be counted; and

     (d) In the case of direct recording devices, the voter must be allowed to select one ballot on the first screen, and have only the ballot selected appear to the voter.

     (2) If an optical scan ballot counting program cannot use the checkbox to eliminate invalid votes for each of the situations listed in this section, all ballots must be inspected for those marks that cannot be read correctly. Improperly marked ballots must be duplicated to ensure invalid votes are not counted. In the case of precinct ballot counters, ballots must be inspected after they have been returned from the polls. As part of the canvassing process, the county auditor must take appropriate steps to amend the unofficial precinct count totals to reflect the correct count.

[]


NEW SECTION

WAC 434-220-070   Polling place procedures -- Physically separate ballots.   (1) In the case of optical scan ballots, poll workers must give each voter a party ballot for each major political party and a nonpartisan ballot. The county auditor must number the ballot stubs in a manner so that it cannot be determined which ballot was cast by the voter. The poll workers must instruct the voter to choose one ballot to vote. The remaining two ballots must be deposited into an "unvoted ballots" container secured with a numbered seal. The voter may select a single ballot and deposit the other ballots in the "unvoted ballots" container prior to entering the voting booth, or may deposit the unvoted ballots after leaving the voting booth. Regardless of when the ballot selection is made, the poll workers must ensure that only one ballot is deposited in the ballot box and the remaining ballots are deposited into the "unvoted ballots" container. The privacy of the ballot selection by the voter must be maintained. The ballot stub must be removed and placed into the ballot stub envelope before the voted ballot is deposited into the ballot box.

     (2) The "unvoted ballots" container must remain sealed and be returned to the county auditor with the supplies and voting materials.

     (3) If a voter spoils a ballot and wishes to correct the error, the ballot must be returned to the poll worker and placed into the spoiled ballot envelope. The poll worker must issue a new set of ballots, consisting of each major political party's ballot and the nonpartisan ballot. The ballot stub number must be recorded in the poll book.

[]


NEW SECTION

WAC 434-220-080   No records made at poll-sites.   Pursuant to RCW 29A.44.231, no record of the political party ballot selected by the voter may be made. This prohibition includes poll workers, political observers and any other person who may be present while voting or ballot processing is taking place. The use of devices such as telephones, cameras, or recording devices to report, track, or monitor the ballot selection by voters is prohibited.

[]


NEW SECTION

WAC 434-220-090   Partisan primary recounts.   When a recount in a partisan primary is either requested or mandatory under chapter 29A.64 RCW, the recount only applies to the candidates of the affected political party. Votes for candidates for the same office but of a different political party may not be recounted.

[]

OTS-8830.1


AMENDATORY SECTION(Amending WSR 04-15-089, filed 7/16/04, effective 8/16/04)

WAC 434-230-010   Sample ballots.   Sample paper ballots shall be printed in substantially the same form as official ballots, but shall be a different color than the official ballot. Sample ballots for counties using electronic or mechanical voting systems shall be printed in a manner that makes them easily distinguishable from the official ballot. Sample ballots shall be available starting fifteen days prior to an election. Such sample ballots shall be made available through the office of the county auditor and at least one shall be available at all polling places on election day.

     Names of the candidates in each office to appear on the primary ballot shall be arranged on the sample ballot in the order provided by RCW ((29A.36.120)) 29A.36.121. The names of the candidates in each office to appear on the general election ballot shall be listed on the sample ballot in the order in which their names appear on the official ballot. State measures and local measures shall be in the same order as they appear on the official ballot.

     At any primary or election when a local voters' pamphlet is published which contains a full sample ballot, a separate sample ballot need not be printed.

     Counties with populations of over five hundred thousand may produce more than one sample ballot for a primary or election, each of which lists a portion of the offices and issues to be voted on at that election. Sample ballots may be printed by region or area (e.g., legislative district, municipal, or other district boundary) of the county, provided that all offices and issues to be voted upon at the election appears on at least one of the various sample ballots printed for such county. Each regional sample ballot shall contain all offices and issues to be voted upon within that region. A given office or issue may appear on more than one sample ballot, provided it is to be voted upon within that region. Sample ballots shall be made available and distributed to each polling place and to other locations within the appropriate region or area.

[Statutory Authority: RCW 29A.04.610. 04-15-089, § 434-230-010, filed 7/16/04, effective 8/16/04. Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 97-21-045, recodified as § 434-230-010, filed 10/13/97, effective 11/13/97. Statutory Authority: RCW 29.04.080 and 29.04.210. 92-10-038, § 434-30-010, filed 5/4/92, effective 6/4/92.]


AMENDATORY SECTION(Amending WSR 98-03-033, filed 1/13/98, effective 2/13/98)

WAC 434-230-030   Placement of ballot measures for local units of government.   All county-wide ballot measures shall be listed immediately following state ballot measures ((or issues)). In the absence of state ballot measures ((or issues)), county-wide ballot measures shall appear first ((on all sample ballots and on all ballots)) where state ballot measures would appear. For other local ballot measures and offices, each county shall establish written procedures to determine the order in which local units of government are to be listed on the ballot. Such order of local governmental units shall be consistent on official, absentee, and sample ballots. The order may be determined by, but is not limited to the following: Size of jurisdictional area, alphabetical order by jurisdictional area, or such order as to provide for efficient use of ballot spacing and voting positions. Such procedures are to provide consistency from election to election within a county.

     Except for county-wide ballot measures, local ballot measures and offices, if any, may be positioned in the area dedicated for that jurisdiction; or, local ballot measures may be grouped in a separate area dedicated to special measures only. This may be an area on the ballot separate from the candidates of such local government unit.

[Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 98-03-033, § 434-230-030, filed 1/13/98, effective 2/13/98; 97-21-045, recodified as § 434-230-030, filed 10/13/97, effective 11/13/97. Statutory Authority: RCW 29.04.080 and 29.04.210. 92-10-038, § 434-30-030, filed 5/4/92, effective 6/4/92.]


AMENDATORY SECTION(Amending WSR 97-21-045, filed 10/13/97, effective 11/13/97)

WAC 434-230-060   Primary votes required for appearance on general election ballot.   Following any nonpartisan primary, no candidate's name shall be entitled to appear on the general election ballot unless he or she receives the greatest or the next greatest number of votes for the office and additionally receives at least one percent of the total votes cast for the office.

     Following any partisan primary, no major political party candidate's name shall be entitled to appear on the general election ballot unless he or she receives a plurality of votes cast for the candidates of his or her party for that office ((and additionally at least one percent of the total votes cast for the office. An independent candidate must receive one percent of the total votes cast for the office in the primary in order for his or her name to appear on the general election ballot. The filing officer shall notify, in writing, all candidates who satisfy other requirements but who fail to meet the one percent requirement of the fact that their name will not appear on the general election ballot)). The requirement in RCW 29A.36.191 that a candidate for partisan office receive at least one percent of the votes cast for that office in order to appear on the general election ballot is unenforceable based on Libertarian Party v. Sam Reed, Thurston County Superior Court No. 04-2-01974-2 (2004).

     In those charter counties where provision is made in the county charter for the qualification of minor party and independent candidates, the charter provisions shall apply if the candidates has chosen that method for ballot qualification.

[Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 97-21-045, recodified as § 434-230-060, filed 10/13/97, effective 11/13/97. Statutory Authority: RCW 29.04.080 and 29.04.210. 92-10-038, § 434-30-060, filed 5/4/92, effective 6/4/92.]


AMENDATORY SECTION(Amending WSR 98-03-033, filed 1/13/98, effective 2/13/98)

WAC 434-230-150   ((Electronic voting device)) Ballot uniformity.   Counties may use varying sizes and colors of ballot cards if such size and color is used consistently throughout a region, area or jurisdiction (e.g., legislative district, commissioner district, school district, etc.). Varying color and size may also be used to designate absentee ballots, ((official)) poll ballots ((or)), vote by mail ballots, ((and in the case of a presidential preference primary,)) or political party ballots.

[Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 98-03-033, recodified as § 434-230-150, filed 1/13/98, effective 2/13/98. Statutory Authority: RCW 29.04.080 and 29.04.210. 92-10-038, § 434-30-150, filed 5/4/92, effective 6/4/92.]


AMENDATORY SECTION(Amending WSR 98-03-033, filed 1/13/98, effective 2/13/98)

WAC 434-230-160   ((Electronic voting device)) Poll-site voting instructions.   The ballot shall identify the type of primary or election, the county, and the date of the primary or election. Prominently displayed in the voting booth or on the ballot shall appear instructions directing the voter how to ((operate the voting device and)) correctly cast votes on issues and candidates, including write-in votes. The instructions shall read substantially as follows: To vote for a candidate or for or against a ballot measure, ((punch or)) mark the voting position to the right of the candidate or ballot measure ((or of the name of the person)) for whom you desire to vote. To vote for a person not on the ballot, write the title of the office, ((())if applicable(())), the name of the candidate, and party affiliation if for a partisan office, in the space provided on the ballot ((card or ballot envelope)) and ((punch or)) mark ((such)) the write-in position (((if applicable))).

     ((Absentee ballots shall be designated in such a manner as to clearly distinguish them from polling place ballots.))

[Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 98-03-033, § 434-230-160, filed 1/13/98, effective 2/13/98; 97-21-045, recodified as § 434-230-160, filed 10/13/97, effective 11/13/97. Statutory Authority: RCW 29.04.080 and 29.04.210. 92-10-038, § 434-30-160, filed 5/4/92, effective 6/4/92.]


AMENDATORY SECTION(Amending WSR 04-15-089, filed 7/16/04, effective 8/16/04)

WAC 434-230-170   ((Electronic voting devices -- ))Ballot form.   Each office on the ballot shall be identified, along with a statement designating how many candidates are to be voted on for such office (e.g., vote for . . . . . , with the words, "one," "two," or a spelled number). The office term shall be included on the ballot if such term is other than a full term (e.g., short/full term, two-year unexpired term, etc.). Each office shall be listed on the ballot in the manner prescribed by law or administrative rule. Following the office designation the names of all candidates for that position shall be listed together with political party designation certified by the secretary of state as provided in RCW ((29A.36.010)) 29A.36.011 or the word "nonpartisan," or "NP" as applicable. Each office listed on the ballot shall be separated by a bold line. In a year in which a President of the United States is to be elected, the names of all candidates for President and Vice-President for each party shall be grouped together((. Each group shall be enclosed in brackets)) with one vote response position for each party, where the voter may indicate ((their)) his or her choice.

     Candidate names shall be printed in a type style and point size which is easily read. If a candidate's name exceeds the space provided, the election official shall take whatever steps necessary to place the name on the ballot in a manner which is readable. These steps may include using a smaller point size, a different type style, or setting the name in upper/lower case letters, rather than upper case, if appropriate.

     Each position, with the candidates running for that office, shall be clearly delineated from the following one by a bold line. Following each listing of candidates shall be a blank space for writing in the name of any candidate((, if desired, on the ballot card, or a write-in space provided on the ballot envelope)).

[Statutory Authority: RCW 29A.04.610. 04-15-089, § 434-230-170, filed 7/16/04, effective 8/16/04. Statutory Authority: RCW 29.04.210 and 29.30.020. 00-11-042, § 434-230-170, filed 5/11/00, effective 6/11/00. Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 97-21-045, recodified as § 434-230-170, filed 10/13/97, effective 11/13/97. Statutory Authority: RCW 29.04.080 and 29.04.210. 92-10-038, § 434-30-170, filed 5/4/92, effective 6/4/92.]

OTS-8831.1


AMENDATORY SECTION(Amending WSR 06-02-028, filed 12/28/05, effective 1/28/06)

WAC 434-253-020   Polling place -- Election supplies.   Polling places shall be provided, at a minimum, with the following supplies at every election:

     (1) Precinct list of registered voters or a poll book, which shall include suitable means to record the signature and address of the voter;

     (2) Inspector's poll book;

     (3) Required oaths/certificates for inspectors and judges;

     (4) Sufficient number of ballots as determined by election officer;

     (5) Ballot containers;

     (6) United States flag;

     (7) Voting instruction signs;

     (8) Challenge and provisional ballots and envelopes;

     (9) Cancellation cards due to death;

     (10) Voting equipment instructions;

     (11) Procedure guidelines for inspectors and judges and/or precinct election officer guidebooks;

     (12) Keys and/or extra seals;

     (13) Pay voucher;

     (14) Ballots stub envelope;

     (15) Emergency plan of action;

     (16) Either sample ballots or voters' pamphlets;

     (17) HAVA voter information poster; ((and))

     (18) Voter registration forms; and

     (19) For partisan primaries in counties using physically separate ballots, and "unvoted ballots" container with a numbered seal.

[Statutory Authority: RCW 29A.04.611, 29A.04.530. 06-02-028, § 434-253-020, filed 12/28/05, effective 1/28/06. Statutory Authority: RCW 29A.04.611. 05-17-145, § 434-253-020, filed 8/19/05, effective 9/19/05. Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 97-21-045, recodified as § 434-253-020, filed 10/13/97, effective 11/13/97. Statutory Authority: 1990 c 59. 92-12-083, § 434-53-020, filed 6/2/92, effective 7/3/92.]

OTS-8832.1


AMENDATORY SECTION(Amending WSR 05-17-145, filed 8/19/05, effective 9/19/05)

WAC 434-262-031   Rejection of ballots or parts of ballots.   Ballots or parts of ballots shall be rejected by the canvassing board in the following instances:

     (1) Where two ballots are found folded together, or where a voter has voted more than one ballot;

     (2) Where two voted ballots are contained within a returned mail ballot envelope containing only one valid signature under the affidavit, unless both ballots are voted identically, in which case one ballot will be counted. If there are two valid signatures under the affidavit, both ballots must be counted;

     (3) Where a ballot or parts of a ballot are marked in such a way that it is not possible to determine the voter's intent;

     (4) Where the voter has voted for candidates or issues for whom he or she is not entitled to vote;

     (5) Where the voter has voted for more candidates for an office than are permissible;

     (6) Where the voter has incorrectly attempted to correct a vote on the ballot contrary to the instructions provided pursuant to WAC 434-250-040 unless the voter provides written instructions directing how the vote should be counted;

     (7) In the case of a partisan primary:

     (a) For physically separate ballots:

     (i) A log must be kept of all voted ballots rejected and included as part of the county canvassing board minutes.

     (ii) When a voted nonpartisan ballot and a voted party ballot are both returned, and the nonpartisan section of the party ballot was not voted, the votes from both ballots must be duplicated onto a blank ballot of the same party the voter originally voted for.

     (iii) When a party ballot and nonpartisan ballot both have been returned with the nonpartisan offices and ballot measures voted on both ballots, only the party ballot, including the votes cast for nonpartisan candidates and ballot measures, must be counted and the nonpartisan ballot is rejected.

     (iv) Write-in votes for a partisan candidate on a nonpartisan ballot must not be counted in the final write-in tally.

     (v) Write-in votes for a partisan candidate who has not filed a write-in declaration of candidacy, thereby affiliating with a major party, must not be counted in the final write-in tally.

     (vi) If physically separate ballots are used and a voter returns more than one voted partisan ballot, no votes cast for candidates for partisan office shall be counted. If votes are cast for nonpartisan offices and/or ballot measures on only one of the partisan ballots, those votes must be counted. If votes are cast for nonpartisan offices and/or ballot measures on more than one party ballot, only those votes which are the same on each ballot shall be duplicated onto a nonpartisan ballot and counted.

     (vii) If more than one ballot is returned but only one ballot is voted, the voted ballot must be counted.

     (b) For consolidated ballots:

     (i) When voting a consolidated ballot, if the voter does not mark the party checkbox, votes cast for candidates for partisan office must not be counted but votes cast on the nonpartisan portion of the ballot shall be counted.

     (ii) Write-in votes for a partisan candidate in a partisan office on the nonpartisan section of the ballot must not be counted in the final write-in tally.

     (iii) Write-in votes for a partisan candidate who has not filed a write-in declaration of candidacy shall not be counted in the final write-in tally.

     (iv) If the voter marks one party checkbox, only those votes for candidates of that party shall count. Votes cast for candidates of other political parties must not be counted and do not cause over-votes.

     Additionally, the canvassing board shall reject any ballot cast by a voter not qualified to vote, and shall reject absentee ballots where such rejection is required by law or administrative rule.

[Statutory Authority: RCW 29A.04.611. 05-17-145, § 434-262-031, filed 8/19/05, effective 9/19/05.]

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