WSR 97-14-106

PROPOSED RULES

SECRETARY OF STATE

[Filed July 2, 1997, 11:10 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 96-14-103.

Title of Rule: Chapters 434-09, 434-20, 434-24, 434-28, 434-30, 434-34, 434-36, 434-40, 434-53, 434-61, 434-62, and 434-840 WAC.

Purpose: Amend and recodify rules relating to elections, including the citizens' commission for salaries of elected officials, voter registration, candidate filing, ballots, absentee ballots, mail ballot elections, polling place operation, counting center procedures, and the verification of signatures on referendum and initiative petitions.

Statutory Authority for Adoption: RCW 29.36.150, 29.04.210, 29.04.080, 29.79.200.

Statute Being Implemented: Chapters 29.04, 29.07, 29.10, 29.15, 29.30, 29.33, 29.36, 29.48, 29.51, 29.54, 29.62, 29.79, and 40.24 RCW.

Summary: Amend and recodify rules relating to elections, including the citizens' commission for salaries of elected officials, voter registration, candidate filing, ballots, absentee ballots, mail elections, polling place operation, counting center procedures, and verification of signatures on initiatives and referendums.

Reasons Supporting Proposal: Rules on elections are needed to (1) Simplify, streamline, and organize election administration procedures; (2) make administrative code reflect legislation enacted since rules were adopted or amended; and (3) recodify existing rules into a new codification structure.

Name of Agency Personnel Responsible for Drafting: Sheryl Moss, Office of the Secretary of State, (360) 664-3653.

Name of Proponent: Secretary of State, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: WAC 434-09-020, removes federal employees from definition of "public employees" for purposes of salary commission; WAC 434-09-030, cleanup, requires citizens selected for salary commission to be registered voters at time of selection; WAC 434-09-040 and 434-09-050, cleanup; WAC 434-09-060, cleanup, changes delivery of notification of salary commission selection from certified mail to nonforwardable first class mail; WAC 434-09-070, cleanup, Secretary of State will draw by lot all persons responding positively to the notice in WAC 434-209-060 to determine the list of voters for initial appointment and filling vacancies for salary commission; WAC 434-09-080, cleanup; WAC 434-09-090, cleanup, vacancies shall be filled by gubernatorial appointment from list prepared under WAC 434-09-070; WAC 434-20-010, repeal requirements to use Permanent Registration Form 1; WAC 434-20-020, repeal use of registrar's certificate of registered voters; WAC 434-20-030, repeal use of certificate of transfer of registrations; WAC 434-20-040, repeal use of certificate of cancellation of registrations; WAC 434-20-050, repeal authorizations to use certain voter registration maintenance forms prior to January 1, 1975, and authorizations to use certain voter registration maintenance forms after January 1, 1975; WAC 434-24-010, remove language referencing the conversion of manual voter registration records to electronic voter registration records; WAC 434-24-015, require all counties to assign a control number to each voter registration record in their electronic voter registration files. Removes language specifying the length and format of control numbers; WAC 434-24-020, requires all counties to use two letter codes to designate the county in which voters register; WAC 434-24-035, cleanup, require all counties to maintain a voting record of the elections in which each voter cast a ballot; WAC 434-24-050, removes language designating the basic voter registration form as "Permanent Registration Form 2A"; WAC 434-24-060, removes language requiring counties to use a specific size and weight paper when certifying the voter registration transfers being transmitted to the Secretary of State. Requires all transmittal certificate to contain certain data; WAC 434-24-085, cleanup, remove language specifying size and paper weight of acknowledgment notices, specifies data included in acknowledgment notices; WAC 434-24-095, cleanup, remove language specifying paper size and weight for voter registration cancellation forms due to death; WAC 434-24-105, cleanup, remove language specifying the paper size and weight of notices of voter registration cancellation, require notices to inform voters of registration cancellations; WAC 434-24-110, cleanup, remove requirement for counties to transmit canceled voter registration information to the Secretary of State on a specific form, specify information required when counties transmit canceled voter registration information to the Secretary of State; WAC 434-24-115, cleanup; WAC 434-24-120, remove requirement for Secretary of State to approve the format of precinct lists of registered voters used at the polls by the county auditor, requires precinct lists of voters to include voters' residence address, allows counties to include a ballot code on the precinct list identifying the districts in which a voter is eligible to vote, and allow counties to eliminate the names of voters who requested absentee ballots from the precinct list; WAC 434-24-130, cleanup, allow counties to furnish voter registration names and addresses to people, restricts information counties may furnish to names, addresses, precinct and district codes, date of registration, and voting history; WAC 434-24-140, cleanup, remove language designating form used to request voter registration information as "Permanent Registration Form 14A"; WAC 434-24-160, cleanup, requires counties to notify the Secretary of State of its intent to purchase or install a new automated voter registration system, and specifies data regarding the new system counties must submit to the Secretary of State, removes requirement for Secretary of State to approve voter registration systems; WAC 434-24-040, repeals "Oath of deputy registrars"; WAC 434-24-055, repeals "Voter registration worksheet"; WAC 434-24-070, repeals "Voters' request for transfer"; WAC 434-24-080, repeals "Transmittal of transfers to the Secretary of State"; WAC 434-24-090, repeals "Voters' authorization to cancel registration"; WAC 434-24-100, repeals "Cancellation for failure to vote"; WAC 434-24-150, repeals "Subsidies for establishment of automated voter registration systems"; WAC 434-24-155, repeals "Subsidies for maintenance of records on automated voter registration systems"; WAC 434-24-170, repeals "Continuing review of automated voter registration systems"; WAC 434-28-012, modifies declaration of candidacy form required when filing for federal, state, municipal, and special purpose elective offices; WAC 434-228-005, requires county auditors to send a questionnaire to solicit candidate filing information from the administrative authority of each local jurisdiction for which the auditor is the candidate filing officer; WAC 434-30-010, allow counties with populations over 1,000,000 to produce more than one sample ballot for a primary or election; WAC 434-30-030, requires that county-wide ballot measures, in the absence of state measures, appear first on all sample and general election ballots; WAC 434-30-160 and 434-30-170, cleanup; WAC 434-30-180, cleanup, clarifies that the numbering requirements for punch card ballots also apply to paper ballots; WAC 434-30-210, cleanup, allow counties to place voting positions to either the left or right of candidates names on ballots; WAC 434-30-100, repeal "Mechanical voting device ballot label uniformity"; WAC 434-30-110, repeal "Mechanical voting device instructions"; WAC 434-30-120, repeal "Mechanical voting devices--Office title label"; WAC 434-30-130, repeal "Mechanical voting devices--Ballot form"; WAC 434-30-140, repeal "Mechanical voting device diagrams"; WAC 434-30-150, repeal "Electronic voting device ballot uniformity"; WAC 434-30-220, repeal "Paper ballots--Numbering"; WAC 434-34-090 and 434-34-110, cleanup; WAC 434-36-020, defines mail ballots and mail ballot precinct ballots, defines secure storage for mail ballot materials; WAC 434-36-030, cleanup; WAC 434-36-040, cleanup, require mail ballot election plans to be submitted to the Secretary of State only for the first mail ballot election conducted in a county, remove requirement to include a copy of the ballot layout and floor plan of work area with the mail ballot election plan submitted to the Secretary of State; WAC 434-36-050, cleanup, remove language restricting the aspects of a mail ballot election plan to which the Secretary of State may take formal exception; WAC 434-36-060, require that the notice of election in a mail ballot election list all dates and times drop-off sites will be open for voters to deposit ballots; WAC 434-36-070, cleanup; WAC 434-36-080, standardize mail ballot election envelopes and absentee envelopes to the extent allowed by statute, including modifying affidavit of voter, removes language restricting the size and color of ballot envelopes which may be used in mail ballot elections; WAC 434-36-090, cleanup, require counties to list in the voting instructions the dates and locations voters may deposit ballots at drop-off sites; WAC 434-36-100, require that people staffing ballot drop-off sites are representatives of each major political party, whenever possible, require that staff at drop-off site add the time and place of deposit to any ballot envelope submitted after 8:00 p.m. on election day, rather than initialing each ballot envelope deposited; WAC 434-36-110, cleanup; WAC 434-36-120, require county auditors to handle mail ballots submitted with an unsigned affidavit in the same manner the auditor handles absentee ballots submitted with an unsigned affidavit; WAC 434-36-140, requires the county auditors to verify signatures on mail ballots in the same manner canvassing boards verify signatures on absentee ballots; WAC 434-36-170, cleanup, remove requirement to rerun logic and accuracy test on election day; WAC 434-36-180, allow county auditors to begin final processing of mail ballots at 7:00 a.m. on election day, requires county auditor to request in writing that each major political party appoint representatives to observe the processing, allows party observers to request that three precincts be manually counted to ensure the veracity of the electronic counting system, requires that, unless otherwise provided by law or rule, mail ballots shall be processed in the same manner as absentee ballots; WAC 434-36-200, cleanup, requires mail ballot election material to be stored in the same manner as material in other types of elections; WAC 434-36-210, cleanup, allow county auditors to submit mail ballot election reports within sixty days of the mail ballot election, removes requirement for mail ballot election reports to contain following information: The number of ballots returned by deposit and by mail as separate subtotals, subtotals for the number of replacement ballots issued, and subtotals for the number of ballots rejected; WAC 434-36-130, repeals "Signature verification--Personnel"; WAC 434-36-150, repeals "County canvassing board"; WAC 434-36-190, repeals "Canvassing of ballots"; WAC 434-40-010, update definitions to follow current state law, add definition of "mail ballot precinct"; WAC 434-40-030, remove unnecessary requirements for regular absentee ballot request forms; WAC 434-40-050, update ongoing absentee ballot request forms to follow current state law; WAC 434-40-060, update termination of ongoing status to follow current state law; WAC 434-40-070 and 434-40-080, repeal to comply with current state law; WAC 434-40-130, remove signature requirement for absentee ballot application forms; WAC 434-40-140, repeal to comply with current state law; WAC 434-40-160, update notification of incomplete form to follow current state law; WAC 434-40-170, repeal to remove security requirement for absentee ballot applications, 434-40-190, update absentee ballot oath, update postal endorsements; WAC 434-40-200, simplify the information required to be provided to the absentee voter; WAC 434-40-210 and 434-40-220, repeal, added to chapter 434-262 WAC; WAC 434-40-230, add further definition and time lines to the absentee ballot process; WAC 434-40-240, further defines the verification of the signature and postmark on absentee ballots; WAC 434-40-250, updates wording to comply with current state law; WAC 434-40-270, adds required reconciliation of absentee ballots; WAC 434-40-280, repeal, added to WAC 434-24-115; WAC 434-40-290, requires that tabulated absentee ballots be sealed; WAC 434-40-310, repeal to remove requirement to credit for voting absentee voters who do not return ballots; WAC 434-240-205, adds the ability and procedures for issuing a replacement absentee ballot; WAC 434-240-225, adds definitions of initial processing, final processing, and tabulation of absentee ballots; WAC 434-240-235, adds procedures for unsigned affidavits on absentee ballots; WAC 434-240-320, adds mail ballot precinct procedures; WAC 434-53-020, updates list of supplies required at the polling place; WAC 434-53-030, further defines sealing of ballot box; WAC 434-53-040, simplifies wording of section; WAC 434-53-050, changes the procedure of a voter unable to sign their name at the polling place; WAC 434-53-090, 434-53-100, 434-53-110, 434-53-120, 434-53-150, 434-53-160 and 434-53-170, simplifies wording of section; WAC 434-53-190, simplifies and updates section to follow current state law; WAC 434-53-200, 434-53-210, 434-53-220, 434-53-230, 434-53-270, 434-53-280, 434-53-290 and 434-53-300, simplifies wording of section; WAC 434-61-010, removes requirement to file local counting center rules with the Secretary of State; WAC 434-61-020, requires political parties to appoint observers in writing; WAC 434-61-040, further defines procedures of receipt of ballot discrepancies at the counting center; WAC 434-61-050, repeal, added to WAC 434-61-040; WAC 434-261-005, adds manual inspection, duplicating ballots, and ballot enhancement definitions; WAC 434-261-070, adds manual inspection of ballots procedures; WAC 434-261-080, adds ballot enhancement procedures; WAC 434-261-090, adds ballot duplication procedures; WAC 434-261-100, adds required written procedures for enhancement and duplication of ballots as part of the canvassing board manual; WAC 434-62-030, updates wording of section to comply with current state law; WAC 434-62-040, removes unnecessary procedures for verification of auditor's abstract of votes; WAC 434-262-015, 434-262-025, 434-262-035 and 434-262-045, moved from chapter 434-40 WAC to chapter 434-262 WAC; and WAC 434-840-350, updates wording to comply with current state law.

Proposal Changes the Following Existing Rules: See Explanation of Rule above.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Because no effect on small business.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. RCW 34.05.328 (5)(b)(ii).

Hearing Location: Office of the Secretary of State, Legislative Building, Olympia, WA 98504, on August 8, 1997, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Sheryl Moss by August 1, 1997, TDD (360) 753-1485, or (360) 664-3653.

Submit Written Comments to: Sheryl Moss, P.O. Box 40232, Olympia, WA 98504, FAX (360) 664-3657, by August 7, 1997.

Date of Intended Adoption: August 11, 1997.

July 2, 1997

Donald F. Whiting

Assistant Secretary of State

AMENDATORY SECTION (Amending Order 87-02, filed 2/19/87)

WAC 434-09-020 Definitions. As used in these regulations:

(1) "Public employee" includes all persons who, at the time of selection, are officers or employees of any governmental body or political subdivision including, but not limited to the agencies of the ((federal,)) state or county government or any other municipal corporation operating under federal or state law or local ordinance.

(2) "Lobbyist" is a person required to be registered as such by the provisions of chapter 42.17 RCW.

(3) "Immediate family" means the parents, spouse, siblings, children, or dependent relative of the official, employee, or lobbyist whether or not living in the household of the official, employee, or lobbyist.

[Statutory Authority: RCW 43.03.305. 87-06-009 (Order 87-02), 434-09-020, filed 2/19/87.]

AMENDATORY SECTION (Amending Order 87-02, filed 2/19/87)

WAC 434-09-030 Qualification requirements. Qualification requirements for the citizen members selected in accordance with this chapter to serve on the commission shall be as required by the state Constitution and RCW 43.03.305:

(1) Any person selected under ((section 7 of this chapter)) WAC 434-209-070 to serve must ((have been)) be a registered voter and eligible to vote at the ((previous state general election in the even-numbered year)) time of selection in the congressional district from which that person was selected;

(2) Any person selected under ((section 9 of this chapter)) WAC 434-209-090 to serve must ((have been)) be a registered voter and eligible to vote at the time of selection;

(3) No state official, public employee or lobbyist or immediate family member of such official, public employee or lobbyist shall be eligible to serve.

[Statutory Authority: RCW 43.03.305. 87-06-009 (Order 87-02), 434-09-030, filed 2/19/87.]

AMENDATORY SECTION (Amending Order 87-02, filed 2/19/87)

WAC 434-09-040 Transmitting and compiling the data file of records of registered voters. No later than January 1((, 1987 and every four years thereafter)) of the year of selection, each county auditor shall submit to the secretary of state a data file of records of all registered voters eligible to vote at the previous state general election. The file shall contain the registration number, if available, name, address and congressional district for each registered voter. The secretary of state shall compile a separate list of the file for each congressional district.

[Statutory Authority: RCW 43.03.305. 87-06-009 (Order 87-02), 434-09-040, filed 2/19/87.]

AMENDATORY SECTION (Amending Order 87-02, filed 2/19/87)

WAC 434-09-050 Conducting the selection of names by lot. No later than January ((15, 1987 and every four years thereafter)) 20 of the year of selection, the secretary of state shall arrange for the random selection of approximately an equal number of names of registered voters from each congressional district ((in substantially the same manner as prescribed in RCW 2.36.063 for jury selection)). The secretary of state may employ a properly programmed electronic data processing system or device to make the random selection of registered voters as required by this section. The secretary of state shall request a separate list of registered voters for each congressional district to be selected by ((an unrestricted)) a random sample from the lists compiled under ((section 4 of this chapter)) WAC 434-209-040.

[Statutory Authority: RCW 43.03.305. 87-06-009 (Order 87-02), 434-09-050, filed 2/19/87.]

AMENDATORY SECTION (Amending Order 87-02, filed 2/19/87)

WAC 434-09-060 Notifying persons selected by lot. (1) No later than January ((20, 1987 and every four years thereafter)) 31 of the year of selection, the secretary of state shall notify by ((certified)) nonforwardable 1st class mail each person selected by lot under ((section 5 of this chapter)) WAC 434-209-050. The notification shall contain a response form and prestamped, self-addressed return envelope. The notification shall include the statutory qualifications for membership on the commission as specified in RCW 43.03.305 and describe the duties of the position under RCW 43.03.310. The notification shall request the person selected to confirm on the form whether or not they meet the statutory qualifications to serve on the commission and to indicate if they are willing to serve on the commission in the specified capacity. Each person shall be requested to return the form no later than February 10 of that year. Any selected person, by appropriate indication on the form, may decline to serve on the commission. The secretary of state shall take as conclusive indication that the person has declined to serve if the form is not received by the secretary of state on or before February 10 of that year. The notification shall include an appropriate notice of this deadline.

(2) The secretary of state shall compile a list by congressional district of each qualified person who has responded to the notification, confirmed that they meet the specified qualifications and are willing to serve on the commission as requested in subsection (1) of this section ((6(1) of this chapter)).

[Statutory Authority: RCW 43.03.305. 87-06-009 (Order 87-02), 434-09-060, filed 2/19/87.]

AMENDATORY SECTION (Amending Order 87-02, filed 2/19/87)

WAC 434-09-070 Determination of commission appointees from congressional districts. From the list prepared under ((section 6(2) of this chapter)) WAC 434-209-060(2), the secretary of state shall conduct a separate, noncomputer selection by lot of ((three)) all qualified persons responding positively to the notice in WAC 434-209-060 from each congressional district. The persons selected from each congressional district shall be listed in order of selection.

This list shall serve as the list of registered voters for the initial appointment and for filling any subsequent vacancy.

[Statutory Authority: RCW 43.03.305. 87-06-009 (Order 87-02), 434-09-070, filed 2/19/87.]

AMENDATORY SECTION (Amending Order 87-02, filed 2/19/87)

WAC 434-09-080 Names of selected persons to governor. No later than February 15((, 1987 and every four years thereafter)) of the year of selection, the secretary of state shall forward to the governor the certified list of the names of the first registered voter selected from each congressional district under ((section 7 of this chapter)) WAC 434-209-070. In the event that one of the persons certified to the governor declines appointment, the secretary of state shall forward to the governor the name of the next registered voter from the same congressional district on the list compiled under ((section 7 of this chapter)) WAC 434-209-070.

[Statutory Authority: RCW 43.03.305. 87-06-009 (Order 87-02), 434-09-080, filed 2/19/87.]

AMENDATORY SECTION (Amending Order 87-02, filed 2/19/87)

WAC 434-09-090 Vacancy on the commission. ((Unless voter registration information has been provided to the secretary of state under RCW 29.04.150 within the thirty days prior to the vacancy, each county auditor shall, no later than seven days after a vacancy in a position on the commission as selected under section 7 of this chapter, submit to the secretary of state a data file of records of registered voters eligible to vote at the time of the vacancy.)) Whenever a vacancy exists in any of the congressional districts, the governor shall notify the secretary of state of the vacancy. The secretary of state shall forward to the governor for appointment the next name on the list created in WAC 434-209-070 for that congressional district. This procedure will be repeated until this list is exhausted.

If the list from a congressional district becomes depleted, the secretary of state shall create a new list for that congressional district using the most recent voter information obtained from the county auditors. Except for the revision of timelines under this section, the process for compiling the data file of records of registered voters by congressional district, conducting the selection by lot, notifying persons selected, determining appointees, and forwarding to the governor the certified list of the name of the registered voter selected shall be substantially the same as specified in ((the sections 3-8 of this chapter)) WAC 434-209-030 through 434-209-080.

[Statutory Authority: RCW 43.03.305. 87-06-009 (Order 87-02), 434-09-090, filed 2/19/87.]

REPEALER

The following sections of the Washington Administrative Code are repealed:

WAC 434-20-010 Permanent registration Form 1.

WAC 434-20-020 Registrar's certificate of registered voters.

WAC 434-20-030 Certificate of transfer of registrations.

WAC 434-20-040 Certificate of cancellation of registrations.

WAC 434-20-050 Use of forms previously prescribed.

AMENDATORY SECTION (Amending Order 74-4, filed 6/3/74)

WAC 434-24-010 Contents of computer file of registered voters. ((In counties which maintain voter registration records on electronic data processing systems under the provisions of RCW 29.07.150(2) and provide precinct lists of registered voters at the precinct polling place as provided by RCW 29.48.030, a record or)) Records containing the following information shall be maintained on each registered voter in the computer file: Name, address, registration number, sex, date of birth, date of registration, applicable district and precinct codes, and up to five dates upon which the individual has voted since establishing that registration record. The county may assign numeric or alphabetic codes for city names in order to facilitate economical storage of the voter's address. ((When existing manual voter registration records are converted to data processing, the county auditor shall record the last date upon which the individual voted: Provided, That if the individual has not voted since establishing that record no data shall be recorded. Subsequent dates upon which the individual votes shall be recorded and retained as provided by WAC 434-24-035 as now or hereafter amended.))

[Order 74-4, 434-24-010, filed 6/3/74; Order 6, 434-24-010, filed 3/3/72.]

AMENDATORY SECTION (Amending Order 74-4, filed 6/3/74)

WAC 434-24-015 Uniform control number. All counties ((which maintain voter registration records on electronic data processing systems under the provisions of RCW 29.07.150(2) and provide precinct lists of registered voters at the precinct polling place as provided by RCW 29.48.030)) shall assign to each voter registration record in the computer file a permanent control number ((composed of two alphabetic characters representing the county in which the voter is registered, followed by two numeric characters which shall be the last two digits of the year in which the registration was taken, followed by a six digit item number assigned in sequence: Provided, That for those registrations taken prior to the time at which a county has placed all its current registrations on the computer file, the two numeric characters, which normally correspond to the year of registration, may be assigned arbitrarily, and: Provided further, That the components of the uniform registration number need not be stored in the computer file as a single item of information)).

[Order 74-4, 434-24-015, filed 6/3/74.]

AMENDATORY SECTION (Amending Order 74-4, filed 6/3/74)

WAC 434-24-020 County codes. All counties ((which maintain voter registration records on electronic data processing systems under the provisions of subsection (2) of RCW 29.07.150 and provide precinct lists of registered voters at the precinct polling place as provided by RCW 29.48.030,)) shall use the following system of two character codes for designating the county in which the voter is registered:

Adams - AD Lewis - LE

Asotin - AS Lincoln - LI

Benton - BE Mason - MA

Chelan - CH Okanogan - OK

Clallam - CM Pacific - PA

Clark - CR Pend Oreille - PE

Columbia - CU Pierce - PI

Cowlitz - CZ San Juan - SJ

Douglas - DG Skagit - SK

Ferry - FE Skamania - SM

Franklin - FR Snohomish - SN

Garfield - GA Spokane - SP

Grant - GR Stevens - ST

Grays Harbor - GY Thurston - TH

Island - IS Wahkiakum - WK

Jefferson - JE Walla Walla - WL

King - KI Whatcom - WM

Kitsap - KP Whitman - WT

Kittitas - KS Yakima - YA

Klickitat - KT

[Order 74-4, 434-24-020, filed 6/3/74; Order 6, 434-24-020, filed 3/3/72.]

AMENDATORY SECTION (Amending Order 74-4, filed 6/3/74)

WAC 434-24-035 Maintenance of recent voting record. After each primary or election, ((in counties which maintain voter registration records on electronic data processing systems under the provisions of RCW 29.07.150(2) and provide precinct lists of registered voters at the precinct polling as provided by RCW 29.48.030,)) a date shall be entered in the voter registration record of each individual who cast a proper ballot at that election, either at the polling place or by absentee. In the case of each individual record, the five most recent of such dates ((shall)) may be retained in that record: Provided, That if the voter has not voted at least five times since establishing his current registration record, only the available dates shall be recorded. If there are already five such dates being maintained in a given record, the least recent date shall be deleted at the time that any new date is added to that record.

[Order 74-4, 434-24-035, filed 6/3/74.]

AMENDATORY SECTION (Amending Order 74-4, filed 6/3/74)

WAC 434-24-050 Basic voter registration form. Each original voter registration shall be recorded on a form substantially similar to the sample included below. The form((, designated Permanent Registration Form 2A,)) shall measure eight inches by eight inches and be printed on paper stock of one hundred pound index or a comparable substitute approved by the office of the secretary of state.

[Order 74-4, 434-24-050, filed 6/3/74; Order 8, 434-24-050, filed 6/15/72; Order 6, 434-24-050, filed 3/3/72.]

Reviser's note: The illustrations in the above section above were omitted in the copy filed by the agency and appears as filed pursuant to the requirements of RCW 34.08.040.

AMENDATORY SECTION (Amending Order 74-4, filed 6/3/74)

WAC 434-24-060 Transmittal of signature cards to the secretary of state. Each group of initiative and referendum signature cards transmitted to the office of the secretary of state under the provisions of RCW 29.07.120 shall be accompanied by a properly executed certificate ((on a form substantially similar to the sample included below. The form, designated Permanent Registration Form 5A shall measure five inches by eight inches and be printed on paper stock of sixteen pound bond or a comparable substitute approved by the office of the secretary of state)) containing the following information: County, date, the number of cards, and the signature of the Register of Voters attesting to the authenticity of the cards.

[Order 74-4, 434-24-060, filed 6/3/74. Formerly WAC 434-24-060, Voters' request for transfer, Order 6, filed 3/3/72.]

Reviser's note: The illustration in the above section above was omitted in the copy filed by the agency and appears as filed pursuant to the requirements of RCW 34.08.040.

AMENDATORY SECTION (Amending Order 74-4, filed 6/3/74)

WAC 434-24-085 Notice of new registration or transfer. Whenever an individual registers to vote ((pursuant to RCW 29.07.070, 29.07.080, and 29.07.090)) or transfers his/her registration record pursuant to RCW 29.10.100 or whenever a change in precinct boundaries requires that the existing record of a voter be moved from one precinct to another or be placed in a new precinct, the ((registration officer of the)) county auditor shall notify by ((first class)) nonforwardable, address correction requested mail, the individual or voter of such new registration, transfer, or change of precinct boundary acknowledging that the request of the individual or voter with respect to his record has been processed. Such notices and acknowledgment shall be provided on a form ((substantially similar to the sample included below. The form, designated Permanent Registration Form 11A shall be printed on paper stock of one hundred pound index or a comparable substitute approved by the office of the secretary of state)) containing the following information: The voter's full name, address, county name, precinct name, voter ID number, the date the voter registered and a signature line for the voter.

[Order 74-4, 434-24-085, filed 6/3/74.]

Reviser's note: The illustration in the above section above was omitted in the copy filed by the agency and appears as filed pursuant to the requirements of RCW 34.08.040.

AMENDATORY SECTION (Amending Order 74-4, filed 6/3/74)

WAC 434-24-095 Cancellation due to death. Pursuant to RCW 29.10.090, the ((registration officer)) county auditor shall maintain a supply of, furnish to the public upon request, and include in the supplies sent to each precinct for use by the precinct election officials, forms ((substantially similar to the sample included below)) for the purpose of permitting registered voters to request that the voter registration record of any person, whom they personally know to be deceased, be cancelled. ((The form, designated Permanent Registration Form 13A, shall measure three and one-fourth inches by five and one-half inches and shall be printed on paper stock of one hundred twenty-five pound index or a comparable substitute approved by the office of the secretary of state.))

[Order 74-4, 434-24-095, filed 6/3/74.]

Reviser's note: The illustration in the above section above was omitted in the copy filed by the agency and appears as filed pursuant to the requirements of RCW 34.08.040.

AMENDATORY SECTION (Amending Order 74-4, filed 6/3/74)

WAC 434-24-105 Notification of cancellation ((for failure to vote)). The ((registration officer)) county auditor shall notify, by mail, each registered voter whose registration has been cancelled ((for failure to vote)) pursuant to RCW ((29.10.080 and WAC 434-24-100)) 29.10.075 and 29.10.210. Such notice shall ((be on a form substantially similar to the sample included below. The form, designated Permanent Registration Form 12A. shall measure three and one-quarter inches by five and one-half inches and be printed on paper stock of one hundred twenty-five pound index or a comparable substitute approved by the office of the secretary of state)) inform the voter that their voter registration has been cancelled and provide the voter with the information needed to contact the auditor.

[Order 74-4, 434-24-105, filed 6/3/74.]

Reviser's note: The illustration in the above section above was omitted in the copy filed by the agency and appears as filed pursuant to the requirements of RCW 34.08.040.

AMENDATORY SECTION (Amending Order 74-4, filed 6/3/74)

WAC 434-24-110 Transmittal of cancellations to the secretary of state. Pursuant to the requirements of RCW 29.10.100, the ((registration officer in each)) county ((which maintains voter registration records on electronic data processing systems under the provisions of RCW 29.07.150(2) and provides precinct lists of registered voters at the polling place as provided by RCW 29.48.030)) auditor shall prepare an alphabetical list of all voter registrations cancelled from the registration records of that county since the last previous report. The list shall ((be printed on paper stock measuring eight and one-half inches by fourteen and seven-eighths inches and shall be of substantially the following form:)) contain the following information for each voter: Voter ID number, voter name, date of registration.

((State of Washington

ss.

County of

I, . . . . . . . ., hereby certify that I have cancelled from the registration records of this county, the following persons:

Signed:

Registrar of Voters

registration name of date of address

number voter registration

. . . . . . . . . . . . . . . . . . . . . . . . . . . .

(An alphabetical list of names, addresses, registration numbers, and date of registration, for each person whose registration record has been cancelled follows.)))

[Order 74-4, 434-24-110, filed 6/3/74. Formerly WAC 434-24-110, Contents of precinct list of registered voters, Order 6, filed 3/3/72.]

AMENDATORY SECTION (Amending Order 74-4, filed 6/3/74)

WAC 434-24-115 Challenge of voter's registration. All ((registrars)) county auditors shall maintain a supply of, and furnish to the public on request, forms substantially similar to the sample included below for the purpose of allowing((: (1))) a registered voter to challenge the registration of another voter ((on the basis of residence pursuant to RCW 29.59.010; or (2) a precinct committeeman or precinct election officer to challenge the registration of any voter on the basis of residence)) pursuant to RCW 29.10.130. A copy of the form((, designated as Permanent Registration Form 15A, shall be in duplicate, the original to be retained by the registration officer and the duplicate copy to)) shall be sent to the voter, whose ((residence)) voter registration has been challenged((, at the address at which the challenger asserts that the voter presently resides)) and to the challenger pursuant to RCW 29.10.140. The form shall be substantially similar to the following:

voter's registration challenge form

to properly execute this form it is necessary to check the appropriate square below. a summary of the administrative procedures which will be followed with respect to this voter registration challenge may be found on the reverse side of this form.

reason for challenge

The individual challenged is not a U.S. Citizen

The individual challenged is not at least 18 years old

The individual challenged is currently being denied his or her civil rights

The individual challenged does not reside at the address at which he or she is registered and his or her actual residence is as follows:

NOTE: State law (RCW 29.10.130) requires that challenging party must provide the address at which the challenged party resides in order for a challenge based on residence to be considered.

provisions relating to voting residence

The State Constitution and state law provide that a voting residence shall not be lost if the voter is absent because of:

A. State or Federal employment, including military service

B. School attendance

C. Business outside the state

D. Confinement in prison

NOTE: Persons in the above categories have the legal right to continue to use their former residence for voting purposes and may continue to vote unless additional conditions or circumstances indicate they have forfeited that right in Washington. Any person instituting a voter registration challenge should be sure of the facts BEFORE signing the challenge affidavit.

affidavit of challenger

I, . . . . ., declare, under penalty of perjury, that I am a registered voter, that I hereby challenge the voter's registration of . . . . . for the reason indicated above. I also state that I have read the above stated provisions relating to voting residence and that, to the best of my knowledge and belief, the above named individual does not fall into any of the protected categories.

date signature of challenger

voter's registration challenges

a summary of administrative procedures

challenges filed thirty or more days prior to a primary, special or general election

State law (RCW 29.10.140) requires the county auditor to notify, by certified mail, any voter whose registration has been challenged.

The notification must be mailed to the address at which the challenged voter is registered, to any address provided by the challenger as required by RCW 29.10.130, and to any other address that the auditor could reasonably expect the challenged voter might receive such notification.

Included with the notification must be a request that the voter appear at a hearing to be held within ten days of the mailing of the request, at the place and time specified, in order to assist the auditor in determining the validity of the challenge.

the person making the challenge must be provided with a copy of the notification and request mailed to the challenged voter.

If either the challenger or the challenged voter, or both, are unable to appear in person they may file affidavits, stating under oath the reasons they believe the challenge to be valid or invalid.

The county auditor shall determine the validity of the challenge based on his or her evaluation of the evidence presented by both parties to the challenge. The decision of the auditor is final, subject only to a petition for judicial review under chapter 34.04 RCW.

challenges filed within thirty days of a primary, special or general election

State law (RCW 29.10.130) provides that in the event the challenge is made within thirty days of an election, the voter and the precinct election officers within the voter's precinct are to be notified.

Both the challenged voter and the precinct election officers are also to be informed that in the event the voter attempts to vote at the ensuing election, he or she will be provided with a challenged ballot.

The validity of the challenge and the disposition of the challenged ballot will be determined by the county canvassing board and both the challenger and the challenged voter may either appear in person or submit affidavits in support of their respective positions.

In the event the challenged voter does not vote at the ensuing election, the challenge shall be processed in the same manner as challenges made more than thirty days prior to the election.

In the event the challenge is filed more than thirty days prior to a primary or election, the challenge shall be processed in the manner provided by RCW 29.10.140. If the voter votes and returns his or her absentee ballot prior to the county auditor making his or her determination as to the validity of the challenge, the returned ballot shall be segregated from other absentee ballots and not processed until such a determination is made. In the event the challenge is made within thirty days of a primary or election and prior to the absentee ballots being separated from the return envelopes, the challenge and the returned ballot shall be forwarded to the canvassing board and processed in the manner provided by RCW 29.10.127. If the challenge is made within thirty days of a primary or election but after the ballots have been separated from the return envelopes, the challenge shall be processed by the county auditor in the manner provided by law for challenges made more than thirty days prior to the primary or election.

[Order 74-4, 434-24-115, filed 6/3/74.]

Reviser's note: The illustration in the above section above was omitted in the copy filed by the agency and appears as filed pursuant to the requirements of RCW 34.08.040.

AMENDATORY SECTION (Amending Order 74-4, filed 6/3/74)

WAC 434-24-120 Contents of precinct list of registered voters. The precinct list of registered voters as required by RCW 29.48.030 shall contain the name, residence address, sex, month and day of birth, and voter registration number of each voter in the precinct, a listing of the districts in which that voter resides, and a designation of the applicable county, legislative district, and precinct, or a ballot code identifying this information. The names shall be listed alphabetically by surname. The list ((may also)) shall contain a space for each voter to sign his name and his current address and a space for the inspector or judge to credit the voter with having participated in a particular election as provided in RCW 29.51.070. ((Each county shall submit its output format for listing to the secretary of state who shall determine whether such format is suitable for use at the polls. If so, he shall approve that format for use in all elections in that county.)) The county auditor may eliminate from precinct lists voters requesting absentee ballots for that election.

[Order 74-4, 434-24-120, filed 6/3/74. Formerly WAC 434-24-120, contents of lists of registered voters for the public, Order 6, filed 3/3/72.]

AMENDATORY SECTION (Amending Order 74-4, filed 6/3/74)

WAC 434-24-130 Contents of list of registered voters for the public. Pursuant to the provisions of RCW 29.04.100 and 29.04.120, the ((registration officer in each)) county ((which maintains voter registration records on electronic data processing systems under the provisions of RCW 29.07.150(2) and provides precinct lists of registered voters at the place as provided by RCW 29.48.030)) auditor shall furnish to any person, upon request, current lists of registered voters at actual reproduction cost. The ((registration officer)) county auditor shall, upon request, select names and addresses from the voter registration records on the basis of the precinct code, the district code, date of registration, or voting history of each individual voter in that portion of the voter registration file. Such lists may only contain ((any)) this information ((maintained on the computer file except the date of birth of each registered voter and may be in the form of computer printouts, computer-prepared labels, microfilm duplicates, or magnetic tape copies of such information. Such voter registration lists shall be used only for political purposes;)). Commercial use of this information shall be punishable as provided in RCW 29.04.120 as now or hereafter amended.

[Order 74-4, 434-24-130, filed 6/3/74. Formerly WAC 434-24-130, Requests for lists of registered voters, Order 6, filed 3/3/72.]

AMENDATORY SECTION (Amending Order 74-4, filed 6/3/74)

WAC 434-24-140 Requests for list of registered voters. ((In counties which maintain voter registration records on electronic data processing systems under the provisions of RCW 29.07.150(2) and provide precinct lists of registered voters at the precinct polling place as provided by RCW 29.48.030,)) The county auditor shall require each person who requests a list of registered voters under the authority of RCW 29.04.100 and WAC ((434-24-130)) 434-324-130 to sign a request on a form substantially similar to the sample included below. ((The form shall be designated as Permanent Registration Form 14A.))

[Order 74-4, 434-24-140, filed 6/3/74. Formerly WAC 434-24-130.]

Reviser's note: The illustration in the above section above was omitted in the copy filed by the agency and appears as filed pursuant to the requirements of RCW 34.08.040.

AMENDATORY SECTION (Amending Order 74-4, filed 6/3/74)

WAC 434-24-160 Approval of automated voter registration systems. Each county ((which maintains voter registration records on electronic data processing systems under the provisions of RCW 29.07.150(2) and provides precinct lists of registered voters at the precinct polling place as provided by RCW 29.48.030 shall submit to)) shall notify the office of the secretary of state of the intent to purchase or install a new automated voter registration system. The county shall submit a summary description of the automated voter registration system to be used by that county ((or by the governmental unit or firm with which the county contracts for maintenance of voter registration records)). Such summary description shall contain, but not be limited to the following:

(1) ((Input formats;

(2))) Data storage formats or record layouts;

(((3) Output formats;

(4))) (2) Samples of the outputs required by WAC ((434-24-080, 434-24-085, 434-24-105, 434-24-110, 434-24-120, and 434-24-130)) 434-324-085, 434-324-105, 434-324-110, 434-324-120, and 434-324-130;

(((5))) (3) Samples of any edit listings or other working output not specifically required by these regulations; and

(((6))) (4) Any manuals of administrative procedure prepared for use by the elections staff of the county auditor or the data processing staff of that county or the governmental unit or firm with which the county contracts for maintenance of voter registration records.

((If the)) A county's automated voter registration system shall conform((s)) to all of the requirements of state law and of these regulations((, the office of the secretary of state shall approve and certify that system for use)). If the automated voter registration system fails to conform to all of the requirements of state law and these regulations, the office of the secretary of state shall notify the county auditor of the nature of the nonconformity. The county auditor shall correct the nonconforming aspects of the automated voter registration system and provide to the office of the secretary of state such evidence of the change or changes in the system as that office may deem appropriate.

[Order 74-4, 434-24-160, filed 6/3/74.]

REPEALER

The following sections of the Washington Administrative Code are repealed:

WAC 434-24-040 Oath of deputy registrars.

WAC 434-24-055 Voter registration worksheet.

WAC 434-24-070 Voters' request for transfer.

WAC 434-24-080 Transmittal of transfers to the secretary of state.

WAC 434-24-090 Voters' authorization to cancel registration.

WAC 434-24-100 Cancellation for failure to vote.

WAC 434-24-150 Subsidies for establishment of automated voter registration systems.

WAC 434-24-155 Subsidies for maintenance of records on automated voter registration systems.

WAC 434-24-170 Continuing review of automated voter registration systems.

AMENDATORY SECTION (Amending WSR 92-12-083, filed 6/2/92, effective 7/3/92)

WAC 434-28-012 Declaration of candidacy--Offices subject to a primary. Declarations of candidacy for all partisan and nonpartisan offices shall be filed in substantially the following form:

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

The forms 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 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, and one copy of each properly executed and filed declaration and affidavit of candidacy shall be returned to the candidate.

[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.]

Reviser's note: The illustrations in the above section above were omitted in the copy filed by the agency and appears as filed pursuant to the requirements of RCW 34.08.040.

NEW SECTION

WAC 434-228-005 Filing information--Questionnaire--Compiling and dissemination. Prior to May 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 29.13.010 and 29.13.020. 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, 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 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.

[]

AMENDATORY SECTION (Amending WSR 92-10-038, filed 5/4/92, effective 6/4/92)

WAC 434-30-010 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 29.30.020. 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)) one million 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 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 92-10-038, filed 5/4/92, effective 6/4/92)

WAC 434-30-030 Placement of ballot measures for local units of government. All county-wide ballot measures shall be listed immediately following state measures or issues. In the absence of state measures or issues, county-wide ballot measures shall appear first on all sample ballots and on all general election ballots. 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 and 29.04.210. 92-10-038, 434-30-030, filed 5/4/92, effective 6/4/92.]

AMENDATORY SECTION (Amending WSR 92-10-038, filed 5/4/92, effective 6/4/92)

WAC 434-30-160 Electronic voting device instructions. ((The)) Each 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 measure, punch or mark the voting position to the right of the 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 write-in position (if applicable).

Absentee ballots shall be designated with "absent voter" or "absentee ballot" printed at the top of the ballot card.

[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 92-10-038, filed 5/4/92, effective 6/4/92)

WAC 434-30-170 Electronic voting devices--Ballot form. Each office on the ballot ((each office to be elected)) 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((, regular)) term (e.g., short/full term, two-year unexpired term, etc.). Each office((s)) shall be listed on the ballot in the manner prescribed by law ((and these)) or administrative rule((s)). ((Immediately)) Following ((shall be)) the office designation the names of all candidates for that position((, each followed by the name or abbreviation of the)) shall be listed together with political party((, if any, with which the candidate desires to affiliate)) designation or the word "nonpartisan," or "NP" ((with an arrow, box, or other notation at the right edge of the ballot indicating where the voter is to punch or mark the ballot for the candidate)) 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 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 ((separated)) 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 29.04.080 and 29.04.210. 92-10-038, 434-30-170, filed 5/4/92, effective 6/4/92.]

AMENDATORY SECTION (Amending WSR 92-10-038, filed 5/4/92, effective 6/4/92)

WAC 434-30-180 Paper ballots and ballot cards--Numbering. All paper ballots and ballot cards shall be sequentially numbered((, but done)) in such a way to permit removal of such numbers without leaving any identifying marks on the ballot card. The sequential number shall be used ((in a manner)) to inventory ballots issued at a precinct on election day, and may be used ((in a manner)) to facilitate the auditing process for certification of an election. At no time may ((there be a tracking system)) the numbers be used to trace a specific ballot back to an individual voter. There shall be no marks on the ballot cards which would distinguish an individual voter's ballot card from other ballot cards.

[Statutory Authority: RCW 29.04.080 and 29.04.210. 92-10-038, 434-30-180, filed 5/4/92, effective 6/4/92.]

AMENDATORY SECTION (Amending WSR 92-10-038, filed 5/4/92, effective 6/4/92)

WAC 434-30-210 Paper ballots--Ballot form. Following ballot measures, each office to be elected 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). Office term shall be included on the ballot if such term is other than a full((, regular)) term (e.g., short/full term, two-year unexpired term, etc.). Offices shall be arranged in the manner described in RCW 29.30.020. Immediately following shall be the names of all candidates for that position, ((followed by the name or abbreviation of)) together with the political party((, if any, with which the candidate desires to affiliate)) designation or the word "nonpartisan" or "NP." Each office to be elected 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 a single square to either the left or right in which the voter indicates their choice.

Candidates 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.

There shall be a box at either the left or right of the name of each candidate so that a voter may clearly indicate the candidate or candidates for whom they wish to cast their vote.

Immediately following the list of candidates for a given position shall appear a blank space or spaces for writing in the name of a candidate, followed by a box to the right of the blank space.

[Statutory Authority: RCW 29.04.080 and 29.04.210. 92-10-038, 434-30-210, filed 5/4/92, effective 6/4/92.]

REPEALER

The following sections of the Washington Administrative Code are repealed:

WAC 434-30-100 Mechanical voting device ballot label uniformity.

WAC 434-30-110 Mechanical voting device instructions.

WAC 434-30-120 Mechanical voting devices--Office title label.

WAC 434-30-130 Mechanical voting devices--Ballot form.

WAC 434-30-140 Mechanical voting device diagrams.

WAC 434-30-150 Electronic voting device ballot uniformity.

WAC 434-30-220 Paper ballots--Numbering.

AMENDATORY SECTION (Amending WSR 92-12-083, filed 6/2/92, effective 7/3/92)

WAC 434-34-090 Logic and accuracy test certification--State primary and general election. The secretary of state, the county auditor, and any political party observers shall certify that the test has been conducted in accordance with RCW ((29.34.163)) 29.33.350. 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 election.

[Statutory Authority: 1990 c 59. 92-12-083, 434-34-090, filed 6/2/92, effective 7/3/92.]

AMENDATORY SECTION (Amending WSR 92-12-083, filed 6/2/92, effective 7/3/92)

WAC 434-34-110 Logic and accuracy test certification--Special election. The county auditor, and any political party observers shall certify that the test has been conducted in accordance with RCW ((29.34.163)) 29.33.350. Copies of this certification shall be retained by the county auditor. All programming materials, test results, and test ballots shall be securely sealed until the day of the primary of election.

[Statutory Authority: 1990 c 59. 92-12-083, 434-34-110, filed 6/2/92, effective 7/3/92.]

AMENDATORY SECTION (Amending Order 83-2, filed 11/1/83)

WAC 434-36-020 Definitions. As used in this chapter:

(1) "County auditor" means the county auditor in a noncharter county or the officer, irrespective of title, having the overall responsibility to maintain voter registration information and conduct state and local elections in a charter county, and his or her deputies or staff, where the context indicates;

(2) "Mail ballot ((special)) election" means an election conducted entirely by mail ballot where:

(a) Only issues or nonpartisan offices are on the ballot;

(b) The election is not being held in conjunction with a state primary or any general election; and

(c) The election involves precincts not regularly voting by mail at primary and general elections.

(3) "Mail ballot" means a ballot used in a mail ballot ((special)) election and does not include ((a ballot used in a precinct with fewer than one hundred registered voters regularly voting by mail in primary and general elections or)):

(a) A mail ballot precinct ballot;

(b) An absentee ballot issued at the request of the voter;

(4) "Mail ballot precinct ballot" means a ballot used in a precinct with fewer than two hundred active registered voters regularly voting by mail in primary, general, and special elections;

(5) "Ballot security envelope" means the envelope which fits inside of the return envelope and in which the voter is instructed to seal his or her ballot so that, following the verification of the signature of that voter, the ballot cannot be distinguished from other valid ballots;

(((5))) (6) "Return envelope" means the envelope in which the voter is instructed to seal his or her ballot security envelope and on which the voter signs and dates the affidavit that he or she has cast a vote in that special election;

(((6))) (7) "Transmittal envelope" means the envelope in which the ballot, ballot security envelope, return envelope, and instructions are sent to the voter in a mail ballot special election; and

(((7))) (8) "Secure storage" ((means a locked room, cabinet, or other space, where access is controlled by the county auditor and where a record is maintained by the auditor of the date, time, and name of any person, other than an employee of the auditor's office, to whom access is permitted)) in mail ballot elections shall be the same as "secure storage" defined in chapter 434-240 WAC.

[Statutory Authority: 1983 1st ex.s. c 71. 83-22-055 (Order 83-2), 434-36-020, filed 11/1/83.]

AMENDATORY SECTION (Amending Order 83-2, filed 11/1/83)

WAC 434-36-030 Request for mail ballot ((special)) election. At any nonpartisan, special election, not conducted in conjunction with a primary or general election, the jurisdiction requesting the election may also request that the election be conducted entirely by mail ballot. Such a request may be included in the resolution calling for the special election adopted pursuant to RCW 29.13.010 or 29.13.020, or it may be done by separate resolution. Not less than forty days prior to the date for which a mail ballot special election has been requested, the county auditor shall inform the requesting jurisdiction, in writing, that either (1) the request for the mail ballot special election is granted, pending approval of an election plan by the secretary of state, or (2) that the request for the mail ballot special election is not granted, for reasons specified. At the same time, the county auditor shall mail to the secretary of state a copy of the resolution for the mail ballot special election and a copy of the auditor's response.

[Statutory Authority: 1983 1st ex.s. c 71. 83-22-055 (Order 83-2), 434-36-030, filed 11/1/83.]

AMENDATORY SECTION (Amending Order 83-2, filed 11/1/83)

WAC 434-36-040 Mail ballot ((special)) election plan. A county auditor planning to conduct mail ballot ((special)) elections shall, not less than sixty days prior to the first such election, submit a ((standard)) mail ballot ((special)) election plan to the secretary of state. This plan shall ((remain on file in the office of the secretary of state and shall remain in effect for all mail ballot special elections unless amended by the county auditor)) only be required for and apply to the first mail ballot election in a county. The election plan shall be in check list form and shall specify the number of days before the election when certain activities are expected to be completed. The checklist may contain other activities, in addition to those listed here and may be arranged in a different chronological order, but otherwise shall be in substantially the following form:

days preceding activity

the election

Ordering of ballots and ballot envelopes

Layout ballot

Materials to printer (including instructions to voters)

Notification of postal authorities

Notification of news media and political parties

Receipt of ballot pages, ballot cards, or paper ballots and other printed material

Preparation of mail ballot special election material

Ballots mailed

Extra personnel hired

Extra personnel trained

Begin initial verification of signatures

Notice of election

(( Last day to mail notification of lack of signature))

The ((standard)) mail ballot election plan may be amended at any time up to thirty-five days before the date of any mail ballot special election by notifying the secretary of state, in writing, of any changes. In addition to the ((standard)) mail ballot ((special)) election plan, the county auditor shall((, for the first three mail ballot special elections in his or her county,)) provide the secretary of state with the following material:

(1) A brief narrative of the arrangements made with the postal authorities;

(2) ((A copy of the ballot layout, including the ballot title(s);

(3))) A brief narrative of the procedures to be followed from the time the ballots are received until they are tabulated;

(((4) A floor plan of the working area where ballots will be processed, including approximate dimensions;

(5))) (3) Samples of ballot materials, instructions, legal notices, press releases, newspaper articles, and any other printed materials as they become available; ((and

(6))) (4) An estimate of the number of additional personnel to be hired; and

(5) Any other materials the secretary of state may require.

[Statutory Authority: 1983 1st ex.s. c 71. 83-22-055 (Order 83-2), 434-36-040, filed 11/1/83.]

AMENDATORY SECTION (Amending Order 83-2, filed 11/1/83)

WAC 434-36-050 Review of the plan by the secretary of state. (1) Within five business days after the receipt of a ((standard)) mail ballot ((special)) election plan, an amendment to a special election plan, or election materials for a specific election, the secretary of state shall review the plan. If the secretary of state finds that, in his or her judgment, elements of the election plan, amendments to a plan, or election materials do not adequately provide for secrecy of the ballots, prevention of fraud, or the accurate processing and canvassing of ballots, he or she shall immediately notify the county auditor of these exceptions. The county auditor and the secretary of state shall attempt to reach mutually acceptable modifications to the election plan, amendments to a plan, or election materials. In the event that no mutually acceptable agreement is reached, the secretary of state shall notify the county auditor, in writing, that he or she takes formal exception to the disputed elements of the plan, amendment to a plan, or election materials and of the reasons for his or her objections. He or she shall also provide copies of that notification to the other members of the county canvassing board and, if he or she deems appropriate, to the governing body of any jurisdiction for which a mail ballot special election has been scheduled in that county.

(2) The secretary of state ((may not take formal exception to any policies, procedures, or materials developed by the county auditor for the conduct of a mail ballot special election which do not directly affect secrecy of the ballot, prevention of fraud, or accurate processing and canvassing of the ballots. He or she)) may recommend changes to ((these)) any policies, procedures, or materials where, in his or her judgment, such changes would improve the administration of the election.

[Statutory Authority: 1983 1st ex.s. c 71. 83-22-055 (Order 83-2), 434-36-050, filed 11/1/83.]

AMENDATORY SECTION (Amending Order 83-2, filed 11/1/83)

WAC 434-36-060 Notice of election. In any mail ballot ((special)) election, the notice of election published pursuant to RCW 29.27.080 shall include the following:

(1) The title of each office to be voted upon, if any;

(2) The names and addresses of all candidates; and

(3) The ballot titles of all ballot measures.

The notice shall also list:

(a) The precincts that are voting by mail ballot only;

(b) The location where voters may obtain replacement ballots; and

(c) The location(s) where unmailed ballots may be deposited between the hours of 7:00 a.m. and 8:00 p.m. on the day of the election, and any other dates and times such locations will be open.

The auditor shall additionally notify local radio, television, and newspapers, if applicable, that the election is to be conducted by mail ballot only.

[Statutory Authority: 1983 1st ex.s. c 71. 83-22-055 (Order 83-2), 434-36-060, filed 11/1/83.]

AMENDATORY SECTION (Amending Order 83-2, filed 11/1/83)

WAC 434-36-070 Delivery of ballot to voter. Not sooner than twenty-five days nor later than fifteen days before any mail ballot ((special)) election, the county auditor shall send to each registered voter in the election district a ballot, a return envelope, a ballot security envelope, and instructions regarding the mail ballot election.

[Statutory Authority: 1983 1st ex.s. c 71. 83-22-055 (Order 83-2), 434-36-070, filed 11/1/83.]

AMENDATORY SECTION (Amending Order 83-2, filed 11/1/83)

WAC 434-36-080 Envelope specifications. ((All ballots, ballot security envelopes, and return envelopes shall be of uniform color and size for each jurisdiction conducting a mail ballot special election. The county auditor may, however, use ballots, security envelopes, and return envelopes of uniform size for all jurisdictions conducting a mail ballot special election should he or she so desire. The envelope in which the ballot is mailed to the voter shall be clearly marked, "do not forward -- return to sender -- return postage guaranteed." The return envelope shall bear the address of the issuing officer and the words, "official ballot -- do not delay" prominently displayed on the front, and shall also bear the words "postage required" in the upper right hand corner. The envelope shall contain a space for the voters name and address to be listed and shall also contain the following statement:

I, the undersigned, hereby state that I am a registered voter in Washington; that I am entitled to vote in this election; that I have not voted another ballot; and that I have completed this ballot in secret. I further understand that any person attempting to vote when he or she is not entitled or who falsely signs this affidavit shall be guilty of a felony, punishable by imprisonment of not more than five years or a fine of not more than five thousand dollars, or both such fine and imprisonment.

(signed)

(date of oath) ))

The envelopes in which mail ballots are mailed to the voters shall be clearly marked with postal service endorsements to prevent forwarding of the ballot and ensure undeliverable ballots are returned to the county auditor with address corrections. In all other respects, mail ballot election envelopes shall conform to the requirements for absentee ballot envelopes provided in chapter 434-240 WAC.

[Statutory Authority: 1983 1st ex.s. c 71. 83-22-055 (Order 83-2), 434-36-080, filed 11/1/83.]

AMENDATORY SECTION (Amending Order 83-2, filed 11/1/83)

WAC 434-36-090 Instructions to voters. Instructions shall be included with the mail ballot, the return envelope, and ballot envelope delivered to the voter. The instructions shall detail the mechanical process which must be followed in order to properly cast the ballot. The instructions shall also:

(1) Advise the voter that the election is to be by mail ballot, the amount of postage required on the return envelope, and that regular polling places will not be open;

(2) List the location of the place where the voter may obtain a replacement ballot if his or her ballot is destroyed, spoiled, or lost;

(3) List the location(s) ((of the place(s))), dates, and times where the voter may deposit his or her ballot on election day in the event the ballot is not mailed;

(4) Advise the voter that in order for his or her ballot to be counted it must be either postmarked not later than the day of the election or deposited at ((the)) a designated place ((between the hours of 7:00 a.m. and 8:00 p.m. on the day of the election));

(5) ((Advise the voter that his or her ballot must be marked in secret; and

(6))) Advise the voter that any person attempting to vote when he or she is not entitled or who falsely signs the affidavit shall be guilty of a felony, punishable by imprisonment for not more than five years or a fine of not more than ((five)) ten thousand dollars, or both such fine and imprisonment; and

(6) State that every voter has the right to vote his or her ballot in secret.

[Statutory Authority: 1983 1st ex.s. c 71. 83-22-055 (Order 83-2), 434-36-090, filed 11/1/83.]

AMENDATORY SECTION (Amending Order 83-2, filed 11/1/83)

WAC 434-36-100 Depositing of ballots. Ballots may be deposited in the auditor's office at any time, during normal business hours, prior to the day of the election and from 7:00 a.m. to 8:00 p.m. on election day. The county auditor shall designate at least one other place of deposit within the jurisdiction holding the mail ballot special election whenever, in his or her judgment, having only the auditor's office as a place of deposit would unduly inconvenience the voter. If other places of deposit are designated, each shall be staffed ((by an employee of the auditor's office or)) by ((another)) two persons designated by the auditor. Whenever possible, the persons designated by the county auditor to staff places of deposit shall be representatives of each political party entitled to nominate precinct election officers pursuant to chapter 29.45 RCW. The person designated by the auditor shall not be an employee of the jurisdiction ((conducting the special election)) for whom the election is conducted and shall subscribe to an oath regarding the discharge of his or her duties, administered by the county auditor. All designated places of deposit shall be open from 7:00 a.m. until 8:00 p.m. on the day of the election and shall have a secure ballot box. The county auditor may designate additional dates and times during which any or all places of deposit may be open prior to election day. The ballot box shall be constructed in such a manner that return envelopes, once deposited, may be removed only by the county auditor or the persons appointed to staff the place(s) of deposit. ((That)) These persons shall ensure that the affidavit on the return envelope is signed before the ballot is deposited in the ballot box. ((On election day, the person(s) staffing the designated place(s) of deposit shall place their initials and time of deposit on the return envelope.)) The person(s) staffing the designated place of deposit shall add the time and place of deposit to any ballot envelope deposited after 8:00 p.m. on election day. Such ballots shall be referred to the canvassing board for consideration.

[Statutory Authority: 1983 1st ex.s. c 71. 83-22-055 (Order 83-2), 434-36-100, filed 11/1/83.]

AMENDATORY SECTION (Amending Order 83-2, filed 11/1/83)

WAC 434-36-110 Obtaining replacement ballots. Each county auditor shall designate his or her office or any other location within the jurisdiction requesting the mail ballot ((special)) election as the single place where voters may obtain a replacement ballot. Any voter seeking a replacement ballot must, prior to 8:00 p.m. on election day, return the original ballot if it was spoiled and sign a sworn statement in substantially the following form:

I, . . . . . ., do hereby request a replacement ballot for the mail ballot ((special)) election to be held on . . . . . . in . . . . . . county, Washington, for the following reason (check one):

I did not receive the ballot mailed to me.

or

The ballot mailed to me has been damaged, lost, or destroyed.

I hereby certify, under penalty of law, that the above information is true and correct, and that I understand that attempting to vote more than once in any election is a violation of Washington election law.

Signature of voter

Address at which I

am registered to vote

The above named individual appeared before me and has been issued a replacement ballot pursuant to the provisions of chapter 71, Laws of 1983 1st ex. sess.

Signature of

issuing officer

Date

The county auditor shall maintain a record of each replacement ballot so issued. Any absentee ballot request made wherein the voter lists an address different from that to which his or her mail ballot has been or is to be mailed shall be handled as provided by RCW 29.36.030.

[Statutory Authority: 1983 1st ex.s. c 71. 83-22-055 (Order 83-2), 434-36-110, filed 11/1/83.]

AMENDATORY SECTION (Amending Order 83-2, filed 11/1/83)

WAC 434-36-120 Unsigned affidavit. If the voter neglects to sign the affidavit on the return envelope, the auditor shall ((notify the voter, either by telephone or by first class mail, of that fact. He or she shall advise the voter that, in order for the ballot to be counted, the voter must appear in person at the auditor's office not later than 8:00 p.m. on election day. A record shall be kept on the return envelope of the date on which the voter was contacted or on which the notice was mailed. Any notice by mail shall be in substantially the following form:

Dear Voter:

Your ballot for the forthcoming mail ballot special election to be held on . . . . . . has been received by this office. Unfortunately, you neglected to sign the affidavit on the reverse side of the return envelope, as required by state law.

Please appear in person at the location listed on this card and sign this affidavit no later than 8:00 p.m. on . . . . . . Your ballot cannot be counted unless the return envelope is signed.

address: ))

follow the procedures prescribed for unsigned affidavits in chapter 434-240 WAC.

[Statutory Authority: 1983 1st ex.s. c 71. 83-22-055 (Order 83-2), 434-36-120, filed 11/1/83.]

AMENDATORY SECTION (Amending Order 83-2, filed 11/1/83)

WAC 434-36-140 Verification of signatures--Process. ((If the auditor determines that the signature on the return envelope matches that on the voter registration card, he or she shall indicate on the envelope that a signature comparison has been made. No indication of a voter having cast a ballot shall be made on the voter registration file until a signature comparison has been made. In the event the auditor determines that the signatures do not match, or that the voter has voted more than once, he or she shall refer all such ballots and any other related materials to the county canvassing board. No ballot so referred shall be counted unless subsequent investigation reveals it to be a valid ballot and the canvassing board directs the auditor to accept it. The signature verification process shall be open to the public, subject to reasonable procedures promulgated by the county auditor to insure that order is maintained and to safeguard the integrity of the process.)) The county auditor shall verify signatures on the return envelopes in the same manner the canvassing board verifies signatures on absentee ballot return envelopes pursuant to chapter 434-240 WAC.

[Statutory Authority: 1983 1st ex.s. c 71. 83-22-055 (Order 83-2), 434-36-140, filed 11/1/83.]

AMENDATORY SECTION (Amending Order 83-2, filed 11/1/83)

WAC 434-36-170 Logic and accuracy test. At least three days before any mail ballot ((special)) election, if an electronic vote tallying system is to be used, the auditor shall conduct a logic and accuracy test of all programming. Wherever applicable, this test shall be conducted in accordance with RCW 29.34.163, except that the secretary of state need not be present. ((The test shall be repeated immediately prior to any tabulation of ballots on election day.))

[Statutory Authority: 1983 1st ex.s. c 71. 83-22-055 (Order 83-2), 434-36-170, filed 11/1/83.]

AMENDATORY SECTION (Amending Order 83-2, filed 11/1/83)

WAC 434-36-180 Tallying of ballots. The county canvassing board, upon the request of the county auditor, may ((direct that,)) begin final processing of mail ballots on hand after ((12:00 noon)) 7:00 a.m. on election day((, mail ballots on hand be counted. Any such count made prior to 8:00 p.m. must be done in secret and the results not revealed until after 8:00 p.m. Whenever any ballot is to be counted, the county auditor shall ensure that at least three election officers are present. Such officers shall be appointed as provided by RCW 29.45.010)). The county auditor shall request in writing that each major political party appoint representatives to observe such counts. Anyone present shall subscribe to an oath of secrecy regarding divulging election returns prior to 8:00 p.m. election night. Any violation of the secrecy of the count shall be subject to the penalties provided in RCW 29.54.035. During ((either the early count of ballots or the regular)) tabulation of ballots on election night in counties using electronic voting devices, political party observers may select up to ((ten)) three precincts and count by hand either the total number of ballots or the total number of votes cast for any single office or issue. This hand count may take place at any time after the ballots have been officially tabulated by the electronic vote tallying system, but must take place prior to the official certification of the election results. Except as otherwise provided by law or administrative rule, mail ballots shall be processed and canvassed in the same manner as absentee ballots.

[Statutory Authority: 1983 1st ex.s. c 71. 83-22-055 (Order 83-2), 434-36-180, filed 11/1/83.]

AMENDATORY SECTION (Amending Order 83-2, filed 11/1/83)

WAC 434-36-200 Maintenance of records. Each county auditor conducting a mail ballot ((special)) election shall maintain and retain complete documentation of that election. The documentation maintained shall include, but not be limited to, the following:

(1) A copy of the resolution calling for the mail ballot election, if applicable;

(2) A copy of the legal notice identifying the election as a mail ballot election;

(3) The return envelopes which have been marked to indicate the signature had been verified, or a list containing the same data present on the return envelopes;

(4) The sworn statement of each voter issued a replacement ballot; and

(5) The master list indicating which voters cast ballots.

The retention period for this material and for the ballots themselves shall be the same as for absentee ballots, or until the resolution of any litigation arising out of the mail ballot election. Ballots and all related material shall be ((held in secure storage both before they are mailed and after they are returned)) stored in the same manner as materials used in other types of elections.

[Statutory Authority: 1983 1st ex.s. c 71. 83-22-055 (Order 83-2), 434-36-200, filed 11/1/83.]

AMENDATORY SECTION (Amending Order 83-2, filed 11/1/83)

WAC 434-36-210 Report to the secretary of state. Not later than ((seven)) sixty calendar days following the official canvass of any mail ballot ((special)) election, the county auditor shall report the results of that election to the secretary of state. Included in that report shall be:

(1) The total number of eligible voters in the district;

(2) The total number of ballots mailed;

(3) The total number of ballots returned (((listing those returned by mail and by deposit as separate subtotals)));

(4) The total number of replacement ballots issued (((with separate subtotals for destroyed, lost, spoiled or not received original ballots)));

(5) The total number of ballots accepted as valid and counted;

(6) The total number of ballots rejected; ((included in the rejected ballot total shall be subtotals listing:

(a) The number of ballots received late;

(b) The number of ballots rejected because the return envelope bore no signature;

(c) The number of ballots rejected because the signature on the return envelope was not that of the registered voter to whom the ballot was issued; and

(d) The number of ballots rejected because the voter attempted to vote more than once;))

(7) The official results of the election; and

(8) An itemization of the cost of the mail ballot ((special)) election to the jurisdiction which requested it.

The auditor shall retain a copy of this report in his or her files, and shall provide a copy to the jurisdiction for which the mail ballot special election was conducted.

[Statutory Authority: 1983 1st ex.s. c 71. 83-22-055 (Order 83-2), 434-36-210, filed 11/1/83.]

REPEALER

The following sections of the Washington Administrative Code are repealed:

WAC 434-36-130 Signature verification--Personnel.

WAC 434-36-150 County canvassing board.

WAC 434-36-190 Canvassing of ballots.

AMENDATORY SECTION (Amending WSR 91-20-074, filed 9/26/91, effective 10/27/91)

WAC 434-40-010 Definitions. As used in this chapter:

(1) An "elector" of the state of Washington is any person who qualifies under state or federal law as an overseas voter, service voter, or out-of-state voter and who:

(a) Is not currently a registered voter in Washington or any other state;

(b) Will be at least eighteen years of age at the time of the next election;

(c) Is a citizen of the United States;

(d) Is a legal resident of the state, county, and precinct for at least thirty days preceding the election at which he or she offers to vote;

(e) Is not currently being denied his or her civil rights by being convicted of a crime for which he or she could have been sentenced to the state penitentiary;

(2) "Out-of-state voters," "overseas voters," "protected records voters," and "service voters" are electors of the state of Washington and are not registered voters of Washington or any other state; electors of the state of Washington who are spouses or dependents of service voters shall be considered to be either out-of-state voters or overseas voters;

(3) "Service voters" are electors of the state of Washington who are outside the state during the period available for voter registration and who are members of the armed forces while in active service, are students or members of the faculty at a United States military academy, are members of the merchant marine of the United States, are members of a religious group or welfare agency officially attached to and serving with the armed forces of the United States, or are certified participants in the address confidentiality program authorized by chapter 23, Laws of 1991.

(4) "Canvassing" is that process of examining, in detail, a ballot, groups of ballots, election subtotals, or grand totals in order to determine the final official returns of a primary, special, or general election and in order to safeguard the integrity of the election process;

(5) "Canvassing board" or "county canvassing board" is that body charged by law with the duty of canvassing absentee ballots, of ruling on the validity of ((questioned)) special or challenged ballots, of verifying all unofficial returns as listed in the auditor's abstract of votes, and of producing the official county canvass report; it shall be composed of the county auditor, prosecuting attorney, and chairperson of the board of the county legislative authority, or their representatives, designated pursuant to the provisions of WAC ((434-40-210)) 434-240-210;

(6) "Territorial limits of the United States" means the fifty United States and the District of Columbia;

(7) (("Blind voter" is a voter who has no vision or whose vision with corrective lenses is so defective as to prevent performance of ordinary activities for which eyesight is essential, or who has an eye condition of a progressive nature which may lead to blindness;

(8) "Voter requiring assistance" is any voter who has a sensory or physical handicap that results in his or her inability to vote at a polling place without assistance; such assistance shall be provided in the manner set forth by RCW 29.51.200;

(9) "Disabled voter" is any blind voter, voter requiring assistance, or any voter who has:

(a) Lost both lower limbs;

(b) Lost normal or full use of the lower limbs to sufficiently constitute severe disability;

(c) No ability to move without crutches or a wheelchair;

(d) Lost both hands;

(e) A lung disease where forced expiratory respiratory volume when measured by spirometry is less than one liter per second;

(f) Cardiovascular disease classified as Class III or IV under American Heart Association standards;

(10))) "Ongoing absentee ballot" is ((that absentee ballot provided to disabled voters and voters over the age of sixty-five, pursuant to the provisions of RCW 29.36.013)) a ballot provided to voters who have requested in writing to automatically receive an absentee ballot for each ensuing election for which he or she is entitled to vote, and provided to voters who are certified participants in the address confidentiality program, pursuant to the provisions of chapter 23, Laws of 1991;

(((11))) (8) "Hospital absentee ballot" is that absentee ballot provided to voters confined to a hospital no earlier than five days before a primary or election, pursuant to the provisions of RCW 29.36.010;

(((12))) (9) "Special absentee ballot" is that ballot provided to registered voters and electors in state primary and general elections who indicate on their application that they believe they will be residing or stationed or working outside the continental United States at the time of the election and that they will be unable to vote and return a regular absentee ballot during the time period provided by law;

(((13))) (10) "Regular absentee ballot" is that absentee ballot provided to voters or electors who request an absentee ballot and who do not either request or qualify for an ongoing absentee ballot, hospital absentee ballot, or special absentee ballot;

(((14))) (11) "Secure storage" are those locations provided for the storage of all material connected with the absentee ballot process, including ballots, and shall be under the direct control of the county auditor((; it shall be locked during those periods of time when the auditor's office is closed, and when the office is open, access shall be permitted only to the county auditor and to those persons authorized in writing)). Secure storage shall employ the use of numbered seals and logs or any other security measures which will detect any inappropriate access to the secured materials when such materials are not being prepared or processed by the county auditor or persons authorized by the county canvassing board;

(((15))) (12) "Challenged ballot" is that ballot issued to any voter whose registration has been challenged pursuant to the provisions of chapter 29.10 RCW and this chapter;

(((16) "Questioned)) (13) "Special ballot" is that ballot issued to a voter by precinct election officers pursuant to WAC ((434-40-250)) 434-240-250 or whenever any doubt exists as to the voter's qualifications to vote in an election and no challenge has been made by either a registered voter or the precinct election officer.

(((17))) (14) "County auditor" shall be as defined by RCW 29.01.043, and with respect to the processing of absentee ballots and applications, the term includes any employee of the county auditor who is directed in writing to perform those duties on behalf of the county auditor.

(15) "Mail ballot precinct" is any precinct containing less than two hundred active registered voters at the closing of voter registration under RCW 29.07.160 in which the county auditor has determined to conduct the voting by mail ballot.

[Statutory Authority: 1991 c 23. 91-20-074, 434-40-010, filed 9/26/91, effective 10/27/91. Statutory Authority: RCW 29.36.150. 88-03-019 (Order 88-1), 434-40-010, filed 1/12/88.]

AMENDATORY SECTION (Amending Order 88-1, filed 1/12/88)

WAC 434-40-030 Application form for a regular absentee ballot. Each county auditor shall provide an application form for a regular absentee ballot. ((The form shall be no smaller than five inches by eight inches and may be produced in any format deemed suitable to each county.)) The form shall include, but not be limited to, the following:

(1) A space for the voter to print his or her name and address at which he or she is registered to vote;

(2) ((A space for the out-of-state or service voter to indicate his or her last permanent residence within the state of Washington;

(3))) An address to which the ballot is to be mailed;

(((4))) (3) A space for the voter to indicate for which election(s) the application is made;

(((5))) (4) A space for the voter to sign his or her name and the date the application is made.

Only the address of the county auditor may appear on any regular absentee ballot application as the return address to which the application is to be mailed.

[Statutory Authority: RCW 29.36.150. 88-03-019 (Order 88-1), 434-40-030, filed 1/12/88.]

AMENDATORY SECTION (Amending WSR 91-20-074, filed 9/26/91, effective 10/27/91)

WAC 434-40-050 Ongoing absentee ballot application. Each county auditor shall provide an application form for an ongoing absentee ballot. This form may be produced in any format deemed suitable to each county ((but must be produced in a manner that is readable by vision-impaired and elderly voters. The form should be printed in over-sized type and may be in distinctive colors)). The form shall include, as a minimum, the following information:

(1) ((A place to indicate that the voter is eligible for an ongoing absentee ballot because he or she is either disabled or over the age of sixty-five or is a certified participant in the address confidentiality program authorized by chapter 23, Laws of 1991;

(2) A definition of disabled voter consistent with the definition appearing in WAC 434-40-010;

(3))) Space to provide the voter's printed name, the address at which the voter is registered to vote, including city and zip code;

(((4))) (2) A space for the voter to sign his or her name((,)) and provide a telephone number((, and, if the voter is claiming status because of age, the date of birth));

(((5))) (3) A summary of the reasons for termination of status as an ongoing absentee voter((;

Signatures on applications for ongoing absent ballots shall be verified in the same manner as signatures on applications for regular absentee ballots. Ongoing absentee ballots shall be mailed to the address specified by the applicant on the application form)).

[Statutory Authority: 1991 c 23. 91-20-074, 434-40-050, filed 9/26/91, effective 10/27/91. Statutory Authority: RCW 29.36.150. 88-03-019 (Order 88-1), 434-40-050, filed 1/12/88.]

AMENDATORY SECTION (Amending WSR 91-20-074, filed 9/26/91, effective 10/27/91)

WAC 434-40-060 Termination of ongoing absentee voter status. Status as an ongoing absentee voter shall be terminated upon the occurrence of any of the following:

(1) The cancellation of the voter's registration record;

(2) The written request of the voter;

(3) The death or disqualification of the voter;

(4) The return of an ongoing absentee ballot as undeliverable;

(((5) January 1st of each odd-numbered year, provided at least one general election has been held since the voter acquired status as an ongoing absentee voter;))

A service voter, as defined in RCW 29.01.155, who is a certified participant in the address confidentiality program authorized by chapter 23, Laws of 1991, shall maintain ongoing absentee voter status throughout the term of their program participation((;

All persons terminated from the status of ongoing absentee voter who do not automatically renew their status pursuant to the provisions of WAC 434-40-080 shall have their original application form retained by the auditor for a period of one year after the date of termination)).

[Statutory Authority: 1991 c 23. 91-20-074, 434-40-060, filed 9/26/91, effective 10/27/91. Statutory Authority: RCW 29.36.150. 88-03-019 (Order 88-1), 434-40-060, filed 1/12/88.]

AMENDATORY SECTION (Amending Order 88-1, filed 1/12/88)

WAC 434-40-130 Incomplete application from elector. (((1) If an application for an absentee ballot from a registered voter or an elector does not contain the signature of the applicant, the auditor shall attempt to contact the applicant by whatever means deemed appropriate, including written notification pursuant to WAC 434-40-160, in order to obtain the signature.

(2))) If an application for an absentee ballot from an elector is received by the county auditor and it does not contain sufficient information to enable the auditor to issue the correct absentee ballot, the auditor shall, if in his or her judgment enough time exists to make such action practical, request that the elector provide the additional information in order to enable the auditor to mail the correct absentee ballot. If, in the judgment of the auditor, insufficient time exists to permit this action, the auditor may issue the absentee ballot that would be issued if the applicant had listed the courthouse as his or her legal residence. Upon its return, the ballot shall be referred to the county canvassing board, and only that part of the ballot containing candidates and measures common to the entire county, and any other offices or issues on which it can be conclusively determined the voter is qualified to cast a ballot, shall be tabulated.

[Statutory Authority: RCW 29.36.150. 88-03-019 (Order 88-1), 434-40-130, filed 1/12/88.]

AMENDATORY SECTION (Amending Order 88-1, filed 1/12/88)

WAC 434-40-160 Notification to voter of incomplete application. In addition to notification provisions required by WAC ((434-40-130)) 434-240-130, the county auditor shall notify any person submitting an absentee ballot application ((which)) that is not accepted of the reason why the application is not accepted. ((The notification provided shall be in substantially the following form:

notice to absentee ballot applicant

Your application for an absentee ballot has been received in our office but we are unable to process it or issue you an absentee ballot for the following reason(s):

( ) lack of signature - We must have your signature on the request before we can honor it. Please sign the enclosed application as you are registered to vote and return it to this office;

( ) not registered - We are unable to find a voter registration record for you in our files. Please contact our office to resolve this matter as soon as possible;

( ) request received too late - Your request for an absentee ballot was received after the last day prescribed by law for the issuance of absentee ballots;

( ) other -

))

[Statutory Authority: RCW 29.36.150. 88-03-019 (Order 88-1), 434-40-160, filed 1/12/88.]

AMENDATORY SECTION (Amending Order 88-1, filed 1/12/88)

WAC 434-40-190 Absentee ballot envelopes. Included with any absentee ballot provided to a voter shall be instructions for correctly voting the absentee ballot, a security envelope which shall bear no markings identifying the voter, and a return envelope which shall bear the return address of the issuing officer and shall have a space for the voter to sign his or her name. The return envelope shall also have ((a)) the following statement ((in substantially the following form)):

((affidavit of absentee ballot applicant))

I . . . . . . . . . do solemnly swear under penalty of law ((as set forth below,)) that I am a legal resident of the state of Washington ((and I further certify that I am legally qualified to vote at the election for which this ballot was requested, that)) entitled to vote in this election. I have not voted another ballot, and ((that I herein enclose my ballot for that election.)) I understand that any person attempting to vote when he or she is not entitled or who falsely signs this affidavit shall be guilty of a felony, punishable by imprisonment of not more than five years or a fine of not more than ten thousand dollars, or both such fine and imprisonment.

Date Ballot Voted Signature of Voter

((penalty provision: Any person who violates any of the provisions of this chapter, relating to swearing and voting, shall be guilty of a felony and shall be punished by imprisonment for not more than five years or a fine of not more than five thousand dollars, or by both such fine and imprisonment (RCW 29.36.160).

))

All absentee ballot envelopes and return envelopes shall conform to existing postal department regulations ((regarding size)). The envelope in which the ballot is mailed to the voter shall be clearly marked with postal service endorsements to prevent forwarding of ballots and ensure undeliverable ballots are returned to the county auditor with address corrections. The return envelope shall bear the words "OFFICIAL BALLOT - DO NOT DELAY" prominently displayed on the front, and shall also bear the words "POSTAGE REQUIRED" in the upper right-hand corner.

County auditors shall be permitted to use any existing stock of absentee ballot return envelopes, in the form specified by state law((,)) or administrative rule prior to ((the 1987 amendment to RCW 29.36.030)) June 1, 1997. Upon exhaustion of that stock or not later than ((January 1, 1989)) December 31, 1998, county auditors shall comply with the provisions of this regulation when ordering absentee ballot return envelopes.

[Statutory Authority: RCW 29.36.150. 88-03-019 (Order 88-1), 434-40-190, filed 1/12/88.]

AMENDATORY SECTION (Amending Order 88-1, filed 1/12/88)

WAC 434-40-200 Absentee ballot--Instructions to voters. Included with each absentee ballot provided to applicants shall be instructions for properly voting the ballot and for returning it in a manner that will guarantee the voter secrecy of his or her ballot. The instructions shall include the following:

(1) Detailed instructions for correctly marking the ballot;

(2) Detailed instructions on how the voter may correct a spoiled ballot;

(3) Instructions on how the voter is to complete and sign the affidavit on the return envelope;

(4) Instructions on how the voter is to place his or her ballot in the security envelope and place the security envelope in the return envelope;

(5) Instructions regarding postage, if required;

(6) Notice to the voter that the ballot ((will be counted if it is)) must be postmarked not later than election day ((and if it is received by the county auditor not later than the tenth day following any special election or primary, or the fifteenth day following a general election)).

[Statutory Authority: RCW 29.36.150. 88-03-019 (Order 88-1), 434-40-200, filed 1/12/88.]

AMENDATORY SECTION (Amending Order 88-1, filed 1/12/88)

WAC 434-40-230 Processing of absentee ballots. (1) Prior to initial processing of absentee ballots, the county auditor shall notify the county chair of each major political party of the time and date on which absentee processing shall begin, and shall request that each major political party appoint official observers to observe the processing and tabulation of absentee ballots. If any major political party has appointed observers, such observers may be present for initial processing, final processing, or tabulation, if they so choose, but failure to appoint or attend shall not preclude the processing or tabulation of absentee ballots.

(2) All absentee ballot return envelopes may be opened and subsequently processed no earlier than the tenth day prior to any primary or election. In counties tabulating absentee ballots by hand, the inner security envelope may not be opened until after 8:00 p.m. on election day. ((In counties tabulating absentee ballots on an electronic vote tallying system, the ballots may be removed from the inner envelope not earlier than the tenth day prior to a primary or election and the ballots then prepared for processing.))

(3) In counties tabulating absentee ballots on an electronic vote tallying system, the canvassing board or its representatives may perform the initial processing of absentee ballots at any time on or after the tenth day prior to the primary or election. Following initial processing, all absentee ballots((, whether removed from the inner security envelope or not,)) must be kept in sealed ((or locked)) containers and in secure storage until they are ready ((to be tabulated)) for final processing.

(4) Final processing may be performed only after 7:00 a.m. on the day of that general election.

(5) Tabulation may not occur until after 8:00 p.m. on the day of the primary or election.

[Statutory Authority: RCW 29.36.150. 88-03-019 (Order 88-1), 434-40-230, filed 1/12/88.]

AMENDATORY SECTION (Amending Order 88-1, filed 1/12/88)

WAC 434-40-240 Verification of the signature and postmark on absentee ballots. ((The county canvassing board shall examine the signature on the return envelope of all absentee ballots to ensure that the applicant is qualified to cast the ballot. The provisions of WAC 434-40-140 shall be applicable in determining the validity of the signature as it appears on the return envelope.)) An absentee ballot shall be counted only if:

(1) It is returned in the return envelope;

(2) The affidavit is signed by the registered voter to whom it was issued;

(3) The signature has been verified by the county canvassing board;

(4) It is postmarked not later than the day of the election or deposited not later than 8:00 p.m. on election day; and

(5) The absentee ballot is received by the certification of the election.

The canvassing board must compare the signature on the return envelope, or on a copy of the return envelope, with the signature as it appears on the voter's voter registration card. The canvassing board may designate in writing representatives to perform this function. All personnel assigned to the duty of signature verification shall subscribe to an oath administered by the county auditor regarding the discharge of his or her duties. Personnel shall be instructed in the signature verification process prior to actually canvassing any signatures. Local law enforcement officials may instruct those employees in techniques used to identify forgeries. For service voters, overseas voters, and out-of-state voters the date of mailing shall be the date indicated by the voter on the return envelope, and any envelope which shows a date subsequent to the date of the primary or general election shall be referred to the county canvassing board for disposition. For all other absentee ballots, the date of mailing shall be the postmark, if present and legible. If the postmark is not present or legible, the date of mailing shall be considered the date indicated by the voter on the return envelope. All absentee ballots showing a postmark subsequent to the date of the primary or election, or a date indicated by the voter subsequent to the date of the primary or election if the postmark is missing or illegible, shall be referred to the county canvassing board for their disposition. The signature verification process shall be open to the public, subject to reasonable procedures adopted and promulgated by the canvassing board to ensure that order is maintained and to safeguard the integrity of the process.

[Statutory Authority: RCW 29.36.150. 88-03-019 (Order 88-1), 434-40-240, filed 1/12/88.]

AMENDATORY SECTION (Amending Order 88-1, filed 1/12/88)

WAC 434-40-250 Absentee voter attempting to vote at the polls. In addition to maintaining a record of all persons requesting and being issued an absentee ballot, each county auditor will, to the extent time allows, make a notation on each poll list of the persons who have been issued an absentee ballot. Whenever any voter whose name has been so marked attempts to vote at the polling place, the precinct election officers shall issue that voter a ((questioned)) special ballot. The ((questioned)) special ballot shall be placed in an envelope, on the outside of which the words "((questioned)) special ballot" shall be printed. The envelope should then be sealed and care shall be taken to ensure that no marks appear on the outside of that envelope which might identify that voter. This envelope should then be placed in a larger envelope, on the outside of which shall be printed the words "((questioned)) special ballot." There shall also be space on this outer envelope for the precinct election officers to indicate the name and number of the precinct, the printed name, address, and telephone number of the questioned voter, and the reason why the special ballot is being ((questioned)) issued. The ballot should then be referred to the canvassing board for their disposition.

This regulation and WAC ((434-40-260)) 434-240-260 shall not apply to any county that does not tabulate absentee ballots until the poll books have been examined to ensure that no voter has voted twice.

[Statutory Authority: RCW 29.36.150. 88-03-019 (Order 88-1), 434-40-250, filed 1/12/88.]

AMENDATORY SECTION (Amending Order 88-1, filed 1/12/88)

WAC 434-40-270 Maintenance of an audit trail on absentee ballots. Each county auditor shall maintain an audit trail with respect to the processing of absentee ballots which shall include, but not be limited to, the following:

(1) A record of when each absentee ballot application was received, the date the ballot was mailed or issued, and the date the absentee ballot was received;

(2) The number of absentee ballots issued and returned, by legislative and congressional district, for each primary and general election;

(3) A record of the disposition of each request for an absentee ballot not honored;

(4) A record of the disposition of each returned absentee ballot not counted;

(5) A record of the time and place of each time the county canvassing board met to process absentee ballots;

(6) A documentation of the security procedures undertaken to protect the integrity of the ballots after receipt, including the seal numbers used to secure the ballots during all facets of the absentee ballot process;

(7) A reconciliation that all absentee ballots counted plus all absentee ballots rejected is equal to the total number of absentee ballots received.

[Statutory Authority: RCW 29.36.150. 88-03-019 (Order 88-1), 434-40-270, filed 1/12/88.]

AMENDATORY SECTION (Amending Order 88-1, filed 1/12/88)

WAC 434-40-290 Security of absentee ballots. Following the tabulation of absentee ballots, they shall be kept in sealed ((or locked)) containers and in secure storage until the expiration of any time deadlines for a legal challenge to the results of the primary or election, and then should be retained by the county as long as required by state or federal law.

[Statutory Authority: RCW 29.36.150. 88-03-019 (Order 88-1), 434-40-290, filed 1/12/88.]

REPEALER

The following sections of the Washington Administrative Code are repealed:

WAC 434-40-070 Notice of termination as ongoing absentee voter.

WAC 434-40-080 Renewal of status as ongoing absentee voter.

WAC 434-40-140 Signature discrepancies.

WAC 434-40-170 Security of absentee ballot applications.

WAC 434-40-210 Canvassing board--Delegation of authority.

WAC 434-40-220 Canvassing board--Notice of open public meeting.

WAC 434-40-280 Challenge to the registration of absentee voters.

WAC 434-40-310 Absentee ballot--Credit for having voted.

NEW SECTION

WAC 434-240-205 Replacement absentee ballots. The county auditor may issue replacement absentee ballots to a voter who both:

(1) Requested an absentee ballot prior to election day; and

(2) Did not receive the absentee ballot or whose absentee ballot was damaged, lost, or destroyed.

A voter may request an absentee replacement 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 prior to 8:00 p.m. on election day.

The county auditor shall maintain a record of each replacement ballot issued, including the date of the request. Replacement absentee ballots shall be counted in the final tabulation of ballots, and shall only be tabulated 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 absentee ballots.

[]

NEW SECTION

WAC 434-240-225 Definitions regarding absentee ballots. For purposes of the counting and canvassing of absentee ballots:

(1) "Initial processing" means all steps taken to prepare absentee ballots for tabulation, except for the reading of ballots by an electronic vote tallying system. Initial processing includes, but is not limited to: Removal of the security envelope from the return envelope; removal of the ballot from the security envelope; manual inspection for damage, for write-in votes, and for incorrect or incomplete marks; duplication of damaged and write-in ballots; and other preparation of ballots for final processing.

(2) "Final processing" means the reading of ballots by an electronic vote tallying system, but does not include tabulation.

(3) "Tabulation" means the production of returns of votes cast regarding candidates or measures in a form that can be read by a person, whether as precinct totals, partial cumulative totals, or final cumulative totals.

[]

NEW SECTION

WAC 434-240-235 Unsigned affidavit. (1) If the voter neglects to sign the affidavit on the return envelope, the auditor shall notify the voter, either by telephone or by first class mail, of that fact. The auditor may:

(a) Require the voter to appear in person and sign the return envelope not later than the day before the certification of the primary or election; or

(b) Provide the voter with a copy of the return envelope affidavit and require the voter to sign the copy of the affidavit and mail it back to the auditor so that it arrives not later than the day before the certification of the primary or election.

(2) The auditor shall advise the voter about the correct procedures for completing the unsigned affidavit and that, in order for the ballot to be counted, the voter must either:

(a) Sign the copy of the return envelope affidavit, if one is provided by the auditor, and mail it back to the auditor so that it arrives not later than the day before the certification of the primary or election; or

(b) Appear in person at the auditor's office not later than the day before the certification of the primary or election and complete the affidavit on the return envelope.

A record shall be kept on the return envelope of the date on which the voter was contacted or on which the notice was mailed to the voter, as well as the date on which the voter signed the return envelope or a copy of the return envelope affidavit.

[]

NEW SECTION

WAC 434-240-320 Mail ballot precincts. At any primary or election, general or special, the county auditor may, in any precinct having fewer than two hundred active registered voters at the time of closing of voter registration as provided in chapter 29.07 RCW, conduct the voting in that precinct by mail ballot. For any precinct so designated, the county auditor shall not less than fifteen days prior to the date of the primary or election mail or deliver to each active and inactive registered voter within that precinct a notice that the voting in the precinct will be by mail ballot, an application form for a mail ballot, and a postage prepaid envelope preaddressed to the issuing officer. A mail ballot shall be issued to each voter who returns a properly executed application to the county auditor no later than the day of the primary or election. For all subsequent mail ballot elections in that precinct, the application is valid so long as the voter remains active and qualified to vote. For each subsequent mail ballot election in the precinct, the county auditor shall mail a notice, mail ballot application form, and a postage prepaid preaddressed envelope to each active and inactive voter in the precinct without a mail ballot application form on file with the county auditor. Unless otherwise provided for by law or administrative rule, mail ballot precinct ballots shall be processed in the same manner as absentee ballots. For all other purposes, including the rotation of ballots and the reporting of returns, mail ballot precinct ballots shall be treated in the same manner as polling place ballots unless otherwise provided for by law or administrative rule.

[]

AMENDATORY SECTION (Amending WSR 92-12-083, filed 6/2/92, effective 7/3/92)

WAC 434-53-020 Election supplies--Polling place. 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) Instruction signs for voters;

(8) Challenge/((questioned)) special ballot 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 (((purpose of audit trail)));

(15) Emergency plan of action.

[Statutory Authority: 1990 c 59. 92-12-083, 434-53-020, filed 6/2/92, effective 7/3/92.]

AMENDATORY SECTION (Amending WSR 92-12-083, filed 6/2/92, effective 7/3/92)

WAC 434-53-030 Securing the ballot box. After the ballot box is determined to be empty, it shall be locked or sealed with a numbered seal as directed by the county auditor. If a lock is used, the key shall be retained by the inspector ((or the numbered)). If a numbered seal is used the seal shall remain on the ballot box until it is opened following the closing of the polls, or to permit the early tabulation of paper ballots, or the early pickup and transfer of ballots to the counting center.

[Statutory Authority: 1990 c 59. 92-12-083, 434-53-030, filed 6/2/92, effective 7/3/92.]

AMENDATORY SECTION (Amending WSR 92-12-083, filed 6/2/92, effective 7/3/92)

WAC 434-53-040 Verification of voter's name. All voters must provide their names to the precinct election officers so that verification can be made that the voter's name appears ((in the poll book or)) on the precinct list of registered voters. Upon verifying that the voter's name is ((in)) on the ((poll book or)) precinct list ((of registered voters (hereafter referred to as list))) any precinct election officer may challenge that voter's right to vote, as provided by law. If no challenge is made, the voter shall be issued a ballot and the sequence number of the ballot issued recorded next to the voter's name.

[Statutory Authority: 1990 c 59. 92-12-083, 434-53-040, filed 6/2/92, effective 7/3/92.]

AMENDATORY SECTION (Amending WSR 92-12-083, filed 6/2/92, effective 7/3/92)

WAC 434-53-050 Voter unable to sign name--Authority to vote. Whenever a registered voter's name appears in the poll book or precinct list but the voter is unable to sign his/her name, the voter shall be provided a ((questioned)) ballot. The ((questioned)) ballot shall be processed in the same manner as other ((questioned)) ballots. The precinct election officer shall note on the poll book that the voter could not sign their name. The county auditor shall verify after election day that the voter's registration reflects the voter's inability to sign. The county auditor shall request an updated signature for those voters without current signatures on file.

[Statutory Authority: 1990 c 59. 92-12-083, 434-53-050, filed 6/2/92, effective 7/3/92.]

AMENDATORY SECTION (Amending WSR 92-12-083, filed 6/2/92, effective 7/3/92)

WAC 434-53-090 Designation of poll watchers. All persons designated as poll watchers ((by any political party or committee)) shall be ((so)) designated in writing by the political party or committee that they represent. Such designation shall be signed by an ((appropriate)) officer of the party or committee. The auditor may require that a copy of this designation be filed with his or her office not later than the day prior to the primary or election and shall, whenever possible, ensure that a copy of the designation is provided to each affected polling place inspector. ((The inspector shall ensure that poll watchers have access to a record of who has voted but)) The inspector shall ((also)) ensure that absolutely no interference with voting takes place.

[Statutory Authority: 1990 c 59. 92-12-083, 434-53-090, filed 6/2/92, effective 7/3/92.]

AMENDATORY SECTION (Amending WSR 92-12-083, filed 6/2/92, effective 7/3/92)

WAC 434-53-100 Electronic voting devices--Identified for specific ((candidates)) offices or measures. In ((those)) counties using electronic voting devices ((and)) that employ a separate ballot, ((and)) where not all voters within a precinct or polling place are entitled to vote on all candidates or measures appearing ((on the ballot)) in that precinct or polling place, the voter shall be directed to a voting device ((where the ballot)) that contains only the appropriate offices and measures. Unless otherwise provided by law or ((these)) administrative rule((s)), if the ballots are segregated by the use of a prepunch or other machine-readable code, the voter may be directed to any voting device, provided((,)) the prepunch or code is designed to permit the tabulation of only those responses for which the voter was entitled to vote. Instructions shall be provided to the voter ((by)) identifying ((in)) within each device which ballot pages, or sections of ballot pages are applicable to the various ballot codes assigned to the voting device.

[Statutory Authority: 1990 c 59. 92-12-083, 434-53-100, filed 6/2/92, effective 7/3/92.]

AMENDATORY SECTION (Amending WSR 92-12-083, filed 6/2/92, effective 7/3/92)

WAC 434-53-110 Examination of voting devices. Precinct election officers ((charged with periodically examining the voting devices to ensure that they have not been tampered with shall do so)) shall examine the voting devices to ensure that they have not been tampered with at least once every hour while the polls are open.

[Statutory Authority: 1990 c 59. 92-12-083, 434-53-110, filed 6/2/92, effective 7/3/92.]

AMENDATORY SECTION (Amending WSR 92-12-083, filed 6/2/92, effective 7/3/92)

WAC 434-53-120 Spoiled ballot procedures. If the voter spoils his or her ballot by mismarking it or otherwise damaging the ballot in such a way that it cannot be accurately tabulated to reflect the voter's intent, the voter shall return the spoiled ballot to the precinct election officer. The precinct election officer shall then render the spoiled ballot unusable, make ((the)) an appropriate notation on the poll book or list, and issue the voter a new ballot or ballot card. Spoiled ballots shall be clearly identified as such, and returned to the county auditor in a manner which permits the segregation of such ballots from other ballots. Precinct election officers shall ensure that an adequate audit trail exists for all spoiled ballots.

[Statutory Authority: 1990 c 59. 92-12-083, 434-53-120, filed 6/2/92, effective 7/3/92.]

AMENDATORY SECTION (Amending WSR 92-12-083, filed 6/2/92, effective 7/3/92)

WAC 434-53-150 Closing the polls. At the prescribed closing time, the inspector shall announce aloud that the polls are closed, the doors to the polling place shall be shut, and no further persons shall be allowed to enter to vote. All persons within the polling place at the time ((the)) closing is announced shall be permitted to complete the process of voting. The doors to the polling place shall remain unlocked until the election officials depart at the completion of their work, so that the work of accounting for the ballots and other voting material may be observed by interested parties.

[Statutory Authority: 1990 c 59. 92-12-083, 434-53-150, filed 6/2/92, effective 7/3/92.]

AMENDATORY SECTION (Amending WSR 92-12-083, filed 6/2/92, effective 7/3/92)

WAC 434-53-160 Ballot accountability--Form for recording. Precinct election officials shall maintain accountability for all ballots issued for each precinct. The county auditor shall provide a ballot accountability sheet with each ((poll book or)) list of registered voters for each precinct or combination of precincts, upon which shall be recorded, at a minimum, the following information:

(1) Identification of the precinct or combination of precincts;

(2) The number of ballots issued;

(3) The number of used ballots which are ((questioned)) special or challenged;

(4) The number of issued ballots that are spoiled.

At the closing of the polls, the ballots of each category enumerated in subsections (1) through (4) of this section shall be counted and recorded on the ballot accountability sheet ((as required by these rules)). The accountability sheet shall be maintained with the ((poll book or)) precinct list. The precinct election ((officials)) officers shall attest to the accuracy of the ballot accountability sheet by each signing in the spaces provided. The ballot accountability sheet((, along with)) and the ((poll book or)) precinct list, shall be placed in the appropriate container for return to the counting center or auditor's office. The inspector shall remove and retain a copy of the list of participating voters as the "inspector's copy" for the statutorily required retention period.

((In addition,)) Whenever anything occurs at a polling place that the precinct election officers feel may ((assist the auditor in explaining any discrepancies that may be discovered when the auditor's office reconciles the various election totals prior to certification)) create a discrepancy in accounting for all of the ballots, the election officers shall note such events. The auditor may direct that such comments be included with the ballot accountability form or may be included on a separate comments sheet. If a separate sheet is used, it shall be signed by the precinct election officers.

[Statutory Authority: 1990 c 59. 92-12-083, 434-53-160, filed 6/2/92, effective 7/3/92.]

AMENDATORY SECTION (Amending WSR 92-12-083, filed 6/2/92, effective 7/3/92)

WAC 434-53-170 Audit trail for unused ballots. After the polls have closed, and before the container holding the voted ballots is opened, the ((unused)) unvoted ballots shall be rendered unusable. The unusable ballots shall then be placed in ((a special)) an envelope or container marked "unused ballots," the envelope or container shall be sealed, and placed into the ((pouch or)) container provided for the return of voting materials to the counting center or auditor's office. The unused ballots must not be placed in the same container as the regular voted ballots.

[Statutory Authority: 1990 c 59. 92-12-083, 434-53-170, filed 6/2/92, effective 7/3/92.]

AMENDATORY SECTION (Amending WSR 92-12-083, filed 6/2/92, effective 7/3/92)

WAC 434-53-190 Disposition of irregularly voted ballots. All ((irregularly)) irregular voted ballots, including ((questioned)) special, challenged, and absentee ballots, if any, shall be ((sorted)) separated from the regular voted ballots. The ((questioned)) number of special and challenged ballots, if any, shall be ((counted and the number)) recorded on the ballot accountability sheet. The irregularly voted ballots, each in their own individual sealed and marked envelopes, shall then be placed in a transfer case or other secure container and the container sealed ((therein)). The number of irregularly voted ballots may also be recorded on the outside of the container. The sealed container shall then be returned to the counting center or auditor's office.

[Statutory Authority: 1990 c 59. 92-12-083, 434-53-190, filed 6/2/92, effective 7/3/92.]

AMENDATORY SECTION (Amending WSR 92-12-083, filed 6/2/92, effective 7/3/92)

WAC 434-53-200 Count of voted ballots. After the ((irregularly)) irregular voted ballots have been sorted, counted and secured, the ((other)) regular voted ballots shall be removed from the ballot box and counted, and the number recorded on the ballot accountability sheet. County auditors may require additional procedures to permit the segregation of various types of voted ballots.

[Statutory Authority: 1990 c 59. 92-12-083, 434-53-200, filed 6/2/92, effective 7/3/92.]

AMENDATORY SECTION (Amending WSR 92-12-083, filed 6/2/92, effective 7/3/92)

WAC 434-53-210 Preparing voted ballots for transfer. After the ballot accountability sheet is signed, in those counties where ballots are not tabulated at the polling place, the voted ballots shall be placed in a transfer container for transfer to the counting center, either directly or via a ballot collection station. There shall be placed either inside the container or attached to the outside of the container, a transmittal sheet which ((as)) at a minimum shall identify the precinct or precincts represented by the ballots, the number of ballots in the container, and, if a seal is used, the seal number of the seal to be used on the container. The inspector and one judge from each political party shall sign the transmittal sheet attesting to the number of ballots and the serial number of the seal. The transfer container shall then be locked and the seal fastened.

[Statutory Authority: 1990 c 59. 92-12-083, 434-53-210, filed 6/2/92, effective 7/3/92.]

AMENDATORY SECTION (Amending WSR 92-12-083, filed 6/2/92, effective 7/3/92)

WAC 434-53-220 Transfer of ballots prior to closing of the polls. The county auditor may authorize an early pick up of ballots from designated polling places prior to the closing of the polls. Where so authorized, the precinct election officers at the designated polling places shall remove the voted ballots from the voted ballot ((box or pouch)) container at ((the)) a time specified ((time)) by the auditor and count ((them)) the number of ballots. The count shall be entered on the ballot accountability sheet, a transmittal sheet completed and signed, and the ballots sealed in a transfer container in the same manner ((as)) used for the closing of the polls. The transmittal sheet may be ((sealed)) placed with the ballots or it may be attached to the outside of the transfer container. The election officials shall not leave the polling place. ((A)) Ballot pickup ((team or)) teams, consisting of representatives of each major political party and appointed by the county auditor for that purpose, shall be assigned to pick up the transfer containers for return to the counting center.

[Statutory Authority: 1990 c 59. 92-12-083, 434-53-220, filed 6/2/92, effective 7/3/92.]

AMENDATORY SECTION (Amending WSR 92-12-083, filed 6/2/92, effective 7/3/92)

WAC 434-53-230 Sealing the ballot pages appearing in voting devices. In polling places where voting devices are used, the county auditor shall ensure that adequate procedures are in place to permit the ballot pages within the voting device to be sealed following the election. This shall be done in such a way so that the ballot pages cannot be altered or otherwise tampered with, and in a manner that will provide an audit trail from ballot to precinct. This may be accomplished by securing the entire device by means of an external seal, or by securing and sealing the ballot ((itself)) pages themselves.

If a unique numbered ((wire)) seal is used, a certificate shall be placed inside the device signed by the precinct election officials ((witnessing)) recording the serial number of the seal. If some other means of sealing is used, a certificate, signed by the election officials, shall be provided to identify the seal by some appropriate means. The certificate, if not secured inside, ((will)) shall be returned to and retained by the county auditor.

[Statutory Authority: 1990 c 59. 92-12-083, 434-53-230, filed 6/2/92, effective 7/3/92.]

AMENDATORY SECTION (Amending WSR 92-12-083, filed 6/2/92, effective 7/3/92)

WAC 434-53-270 Counting of ballots after polls close. The counting and tabulation of ballots after the polls close ((for voting)) shall be public and may be witnessed by any citizen.

[Statutory Authority: 1990 c 59. 92-12-083, 434-53-270, filed 6/2/92, effective 7/3/92.]

AMENDATORY SECTION (Amending WSR 92-12-083, filed 6/2/92, effective 7/3/92)

WAC 434-53-280 Paper ballots--Counting and tabulation--Procedure. The procedure for the counting and tabulation of paper ballots at polling places shall be as follows:

(1) The inspector shall carefully examine each ballot and shall read aloud the name of each person receiving a vote and the office for which the vote for that person is cast, and the vote for and against each proposition on the ballot;

(2) The judge, representing the opposite political party of the inspector, shall observe the reading of the votes;

(3) The second judge shall tally the votes, as read, in the vote tally books provided by ((and to)) the county auditor. These tally books shall be returned to the county auditor at the election center;

(4) The clerk, if one is assigned, representing the opposite political party of the second judge shall, at the same time, tally the votes, as read, in the tally book provided by the auditor but retained by the inspector;

(5) The inspector and the judge observing the reading of the votes may rotate their duties from time to time upon agreement.

[Statutory Authority: 1990 c 59. 92-12-083, 434-53-280, filed 6/2/92, effective 7/3/92.]

AMENDATORY SECTION (Amending WSR 92-12-083, filed 6/2/92, effective 7/3/92)

WAC 434-53-290 Counting and tabulation of paper ballots where more than one set of precinct election officers are appointed--Procedure. In paper ballot precincts, when two or more teams of precinct election officers have been appointed as provided in RCW 29.45.050 the following procedure shall apply:

(1) The teams or teams designated as the counting board or boards shall commence the tabulation of the primary or election ballots at a time set by the county auditor;

(2) A second ballot container for receiving ballots shall be used, and the first ballot container shall be closed and delivered to the counting board or boards: Provided, That there have been at least ten ballots cast. The counting board or boards shall at a time set by the auditor proceed to the place provided for them and at once count the votes. When counted they shall return the emptied ballot container to the inspector and judges conducting the election and the latter shall then deliver to the counting board or boards the second ballot container, if there have been at least ten ballots cast, who shall then proceed as before. The counting of ballots and exchange of ballot containers shall continue until the polls are closed, after which the election board conducting the election shall conclude their duties and the counting board or boards shall continue until all ballots are counted;

(3) The receiving board conducting the election shall perform all of the duties as now provided by law except for the counting of the ballots, the posting and certification of the unofficial returns and the delivery of the official returns, together with the election supplies, to the county auditor;

(4) The oaths of office for all precinct election officials, when two or more sets of officials are employed, shall be as required by law.

[Statutory Authority: 1990 c 59. 92-12-083, 434-53-290, filed 6/2/92, effective 7/3/92.]

AMENDATORY SECTION (Amending WSR 92-12-083, filed 6/2/92, effective 7/3/92)

WAC 434-53-300 Paper ballots--Count continuous--When duties completed. In a paper ballot precinct, the ballot container shall not be removed from the polls nor shall the counting of the votes be discontinued until all are counted except as provided in WAC ((434-xx-xxx)) 434-253-260. The duties of the precinct election officers counting ballots in such precincts shall not be complete until it is determined that:

(1) A recheck of the tally marks accurately reflect the total vote credited to each candidate and the total vote credited for and against each proposition;

(2) The total number of votes cast for all candidates for a single position to be filled does not exceed the number of voters who have signed the poll book;

(3) The records of the votes in each tally book are the same.

[Statutory Authority: 1990 c 59. 92-12-083, 434-53-300, filed 6/2/92, effective 7/3/92.]

AMENDATORY SECTION (Amending WSR 92-10-038, filed 5/4/92, effective 6/4/92)

WAC 434-61-010 Counting center location--Direction of proceedings. In counties using voting devices and vote tallying systems where the ballots are to be processed and/or tabulated at a location other than the precinct, the county auditor shall designate a location to serve as the counting center. If that location is other than the courthouse or county election office, the auditor shall include the location of the counting center in the published notice of elections. The county auditor shall be responsible for all counting center functions. Within the counting center, no person except those authorized by the county auditor may touch any ballot or ballot container, or operate a vote tallying system. The auditor shall identify either by roster or identification tag, or both, those persons so authorized. The vote tallying process shall be open to the public to the extent that public observation does not interfere with the proceedings or jeopardize the security of the ballots. The auditor shall establish local administrative rules pertaining to public observers including the media and how they may be accommodated and the necessary limitations thereto. ((A copy of any local administrative rules under this section shall be filed with the secretary of state.))

[Statutory Authority: RCW 29.04.080 and 29.04.210. 92-10-038, 434-61-010, filed 5/4/92, effective 6/4/92.]

AMENDATORY SECTION (Amending WSR 92-10-038, filed 5/4/92, effective 6/4/92)

WAC 434-61-020 Counting center--Political party observers. Counting center operations shall be observed by at least one representative from each political party, if representatives have been appointed by the respective political parties and those representatives are present while the counting center is in operation.

Prior to the primary or election, the county auditor shall determine the number of observers required in order to observe all aspects of the counting center proceedings, and shall request, in writing, that each major political party appoint representatives to fill the requirements. Where more than one observer is to be appointed, the political party shall designate one of their observers as supervisor. Counting center observers shall be provided training with respect to ballot processing procedures and the vote tallying system as required by RCW 29.33.340.

Before final assignment as observers, major political party representatives so appointed shall be reviewed by the county auditor, who may refuse to approve any person so appointed. In the event the auditor rejects a person designated, he or she shall promptly notify the political party concerned and request that a substitute observer be appointed, and shall ensure that the substitute observer is trained as provided in subsection (2) of this section.

Representatives of the major political parties appointed as observers shall be identified by roster, including assigned observer stations if more than one in the counting center, and by identification tags which will indicate the observer's name and the party represented.

[Statutory Authority: RCW 29.04.080 and 29.04.210. 92-10-038, 434-61-020, filed 5/4/92, effective 6/4/92.]

AMENDATORY SECTION (Amending WSR 92-10-038, filed 5/4/92, effective 6/4/92)

WAC 434-61-040 Receipt of ballots at the counting center. Immediately upon the receipt of voted ballots in transfer containers from the polling places or collection stations, the seal or lock on each ballot container shall be examined to ensure that it is intact. The precinct name or number, time of receipt, and seal number of each container shall be recorded on a transfer case receipt log, and the log shall be initialled by the persons receiving them.

Upon the breaking of the seal and the opening of the container, ((a comparison)) the seal number shall be compared with the transmittal sheet accompanying the container ((shall be made)). ((If no lock or seal exists, or if a discrepancy is noted between the information recorded on the transmittal sheet and the seal, the county auditor shall immediately be notified. The nature of the discrepancy shall be entered on the receipt log, the container set aside, and the ballots contained therein not tallied until the discrepancy is resolved. If the container has no seal or the seal has already been broken, it shall be considered a discrepancy and handled in the same manner. If the auditor cannot resolve the discrepancy or arrive at a satisfactory explanation for the discrepancy, the ballots shall be set aside and referred to the canvassing board for their consideration as provided by this rule.)) If no discrepancy exists, a notation shall be made on the ballot receipt log and the ballots shall be forwarded to the next station in the counting center process.

((Where a discrepancy does exist and the matter cannot be resolved, the ballots shall be treated as ballots for which a question of validity has arisen, and shall be processed as provided for by law or administrative rule (see chapter 434-62 WAC).)) If no seal exists, or if a discrepancy is noted between the information recorded on the transmittal sheet and the seal, the county auditor shall immediately be notified. The nature of the discrepancy shall be entered on the receipt log, the container set aside, and the ballots contained therein not tallied until the discrepancy is resolved. The log shall list the precinct, the nature of the discrepancy, and the corrective action taken. If the county auditor cannot resolve the discrepancy or arrive at a satisfactory explanation for the discrepancy, the ballots shall be treated as ballots for which a question of validity has arisen, and shall be set aside and referred to the canvassing board for their consideration as provided by law or administrative rule (see chapter 434-262 WAC).

[Statutory Authority: RCW 29.04.080 and 29.04.210. 92-10-038, 434-61-040, filed 5/4/92, effective 6/4/92.]

NEW SECTION

WAC 434-61-010 through 434-61-060, as amended, are recodified as a new chapter, to be designated chapter 434-261 Washington Administrative Code, and internal references are updated accordingly.

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REPEALER

The following section of the Washington Administrative Code is repealed:

WAC 434-61-050 Handling of transfer container discrepancies.

NEW SECTION

WAC 434-261-005 Definitions. (1) "Manual inspection" is the process of inspecting each voter response position on each voted ballot upon breaking the seals and opening the ballot containers from the precincts or, in the case of precinct counting systems, prior to the certification of the election;

(2) "Duplicating ballots" is the process of copying valid votes from ballots that may not be properly counted by the electronic voting equipment to blank ballots of the same type and style, or as directed by the canvassing board;

(3) "Ballot enhancement" is the process of adding or covering marks on a ballot to ensure that the electronic voting equipment will tally the votes on the ballot in the manner intended by the voter, or as directed by the canvassing board.

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NEW SECTION

WAC 434-261-070 Manual inspection of ballots. Upon breaking the seals and opening the ballot containers from the precincts, all voted ballots shall be manually inspected for damage, write-in votes, incorrect or incomplete marks, and questions of voter intent. The same manual inspection process shall apply to absentee ballots, mail ballot precinct ballots, and vote-by-mail ballots. This manual inspection shall include examining each voter response position, and is a required part of processing ballots used with all electronic vote tabulating systems.

If the manual inspection process detects any ballots which might not be correctly counted by the tabulating equipment, the county may either:

(1) Refer the ballots to the county canvassing board;

(2) Duplicate the ballots if the intent of the voters is clear; or

(3) Enhance the ballots if the intent of the voters is clear and enhancement can be accomplished without permanently obscuring the original marks of the voters.

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NEW SECTION

WAC 434-261-080 Ballot enhancement. Ballots shall only be enhanced when such enhancement will not permanently obscure the original marks of the voters. Ballots shall be enhanced by teams of two or more people working together. When enhancing ballots, the county shall take the following steps to create and maintain an audit trail of the actions taken with respect to those enhanced ballots:

(1) Each ballot to be enhanced must be assigned a unique control number, with such number being marked on the face of the enhanced ballot;

(2) A log shall be kept of the ballots enhanced and shall include at least the following information:

(a) The control number of each ballot enhanced;

(b) The initials of at least two people who participated in enhancing each ballot; and

(c) The total number of ballots enhanced;

(3) Enhanced ballots and ballots to be enhanced shall be sealed into secure storage at all times, except when said ballots are in the process of being enhanced, are being tabulated, or are being inspected by the canvassing board.

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NEW SECTION

WAC 434-261-090 Ballot duplication. A ballot may be duplicated only if the intent of the voter's marks on the ballot is clear and the electronic voting equipment might not otherwise properly tally the ballot to reflect the intent of the voter. Ballots shall be duplicated by teams of two or more people working together. When duplicating ballots, the county auditor shall take the following steps to create and maintain an audit trail of the actions taken with respect to those duplicated ballots and the corresponding duplicate ballots:

(1) Each ballot to be duplicated and the corresponding duplicate ballot must be assigned a unique control number, with such number being marked upon the face of each ballot, the purpose being to insure that each duplicate ballot may be tied back to the original ballot;

(2) A log shall be kept of the ballots duplicated and shall include at least the following information:

(a) The control number of each ballot duplicated and the corresponding duplicate ballot;

(b) The initials of at least two people who participated in the duplication of each ballot; and

(c) The total number of ballots duplicated;

(3) Duplicated ballots and the corresponding duplicate ballots, as well as ballots requiring duplication shall be sealed into secure storage at all times, except when said ballots are in the process of being duplicated, are being tabulated, or are being inspected by the canvassing board.

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NEW SECTION

WAC 434-261-100 Written procedures. Written procedures shall be established detailing the situations in which ballots may be enhanced or duplicated. These procedures shall be included as a part of the county canvassing board manual.

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AMENDATORY SECTION (Amending Order 80-3, filed 10/3/80)

WAC 434-62-030 Auditor's abstract of votes. No later than the tenth day following any primary or special election and the fifteenth day following any general election the county canvassing board shall meet and canvass all absentee ballots not previously processed under the provisions of chapter 29.36 RCW, together with all ((questioned)) special and challenged ballots. Upon completion of this canvass the board shall direct the county auditor to include all absentee ballot totals and all challenged and ((questioned)) special ballot totals, or legislative district subtotals if applicable, in the preliminary abstract of votes prepared pursuant to WAC ((434-62-020)) 434-262-020. The county auditor shall then add these totals to the existing precinct totals. The ensuing report, containing a count of all ballots cast in the election, subtotal reports by legislative district, and county-wide totals shall constitute the auditor's abstract of votes.

[Statutory Authority: RCW 29.04.080. 80-15-008 (Order 80-3), 434-62-030, filed 10/3/80.]

AMENDATORY SECTION (Amending Order 80-3, filed 10/3/80)

WAC 434-62-040 Verification of auditor's abstract of votes. The county canvassing board shall examine the auditor's abstract of votes and shall verify that all of the individual precinct and absentee ballot totals have been included in the abstract and that the subtotals and county-wide totals for registered voters and votes cast are an accurate reflection of the sum of those individual precinct and absentee ballot totals. ((This verification shall be accomplished, in counties with fewer than 100,000 registered voters, by directing the county auditor or his or her representative to add these individual precinct and absentee ballot totals in the presence of the canvassing board manually or by using an adding machine. The canvassing board shall then compare the subtotals and totals produced in this manner against the subtotals and totals as they appear on the auditor's abstract of votes and verify that the figures are identical. In counties with more than 100,000 registered voters the adding machine tapes or manual totals may be produced prior to the meeting of the canvassing board, but in such counties the canvassing board shall carefully compare the preproduced subtotals and totals against the subtotals and totals as they appear on the official abstract of votes and verify that the two sets of figures are identical.))

[Statutory Authority: RCW 29.04.080. 80-15-008 (Order 80-3), 434-62-040, filed 10/3/80.]

NEW SECTION

WAC 434-262-015 Canvassing board--Delegation of authority. The county auditor, prosecuting attorney, and chair of the county legislative authority, or designees as per RCW 29.62.015, shall be responsible for the performance of all duties of the county canvassing board, as set forth in chapters 29.36 and 29.62 RCW, and the rules on canvassing adopted by the secretary of state. These duties shall be performed by the members of the board, or they may delegate in writing representatives to perform these duties. This written delegation of authority shall be filed with the county auditor prior to any person undertaking any action on behalf of the board. In no instance may the members of the county canvassing board delegate the responsibility of certifying the returns of any primary or election, of determining the validity of any challenged ballots, or of determining the validity of any special ballots referred to them by the county auditor, to anyone other than a person authorized by law to act on their behalf.

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NEW SECTION

WAC 434-262-025 Canvassing board--Notice of open public meeting. All activities of the canvassing board shall be open to the public, although they may limit the number of persons observing any aspect of the process whenever, in their judgment, it is necessary to do so to preserve order and to safeguard the integrity of the process. The canvassing board may adopt and promulgate rules and regulations, not inconsistent with the provisions of this section, to ensure that the process is open to the public and that the procedures themselves are performed by the board free of any outside interference. The auditor shall publish notice of the meetings of the canvassing board. Such notice or notices shall be in substantially the following form:

open public meeting notice

The canvassing board of (Name of County) County, pursuant to chapter 29.62 RCW, will hold public meetings at (Time of Meetings) , (Dates) , at (Locations) , to (Purpose of Meetings) . These meetings of the canvassing board are open, public meetings, and shall be continued until the activity for which the meetings are held has been completed.

A record of the proceedings of the county canvassing board shall be made and maintained in the county auditor's office, and shall be available for public inspection and copying. The record shall be retained for the same time period required by law for the retention of absentee ballots.

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NEW SECTION

WAC 434-262-035 Canvassing board--Absentee ballot signature verification. The county canvassing board shall examine each absentee ballot and related material and shall determine whether or not the ballot is to be counted. The canvassing board may employ local law enforcement officials or any other persons they deem necessary to assist them in this effort. In the event the canvassing board determines the absentee ballot is to be counted, they shall direct the county auditor to do so. In the event the canvassing board determines that the signature on the absentee ballot was not made by the voter to whom the ballot was issued or that the voter has attempted to vote more than once, they shall direct the auditor to refer all such ballots and related materials to the prosecuting attorney.

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NEW SECTION

WAC 434-262-045 Canvassing mail ballots. Except as otherwise provided by law or administrative rule, mail ballots shall be canvassed in the same manner as absentee ballots issued at the request of the voter. To be counted, such mail ballots must be deposited at a designated place of return not later than 8:00 p.m. on election day or postmarked not later than the day of the election. In the event the postmark is missing or illegible, the county canvassing board may rely on the date of the oath signed by the voter on the outside of the return envelope. Any mail ballot may be challenged in the same manner as absentee ballots are challenged, and the county canvassing board must determine that the challenged ballot is valid before it may be counted.

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AMENDATORY SECTION (Amending WSR 91-20-074, filed 9/26/91, effective 10/27/91)

WAC 434-840-350 Canvassing procedure for a ((questioned)) special ballot of a protected records voter. A ((questioned)) special ballot, as defined in WAC ((434-40-010)) 434-240-010, of a protected records voter shall be presented to the canvassing board, meeting in executive session. The canvassing board shall designate authorized personnel to verify the contents of the ballot. Authorized personnel shall remove the protected records voter envelope, prepare the ballot in the ballot security envelope, and verify the contents of the ballot for tabulation. The return envelope and the protected records voter envelope shall be placed in security with all other voting records for the program participant. The discardable envelopes may be destroyed under statutory provisions applicable to election materials.

[Statutory Authority: 1991 c 23. 91-20-074, 434-840-350, filed 9/26/91, effective 10/27/91.]

NEW SECTION

The following sections of the Washington Administrative Code, as amended, are recodified as follows:

Old WAC Number New WAC Number

434-09-010 434-209-010

434-09-020 434-209-020

434-09-030 434-209-030

434-09-040 434-209-040

434-09-050 434-209-050

434-09-060 434-209-060

434-09-070 434-209-070

434-09-080 434-209-080

434-09-090 434-209-090

434-24-010 434-324-010

434-24-015 434-324-015

434-24-020 434-324-020

434-24-025 434-324-025

434-24-030 434-324-030

434-24-035 434-324-035

434-24-050 434-324-050

434-24-060 434-324-060

434-24-085 434-324-085

434-24-095 434-324-095

434-24-105 434-324-105

434-24-110 434-324-110

434-24-115 434-324-115

434-24-120 434-324-120

434-24-130 434-324-130

434-24-140 434-324-140

434-24-160 434-324-160

434-28-012 434-228-012

434-28-020 434-228-020

434-28-050 434-228-050

434-28-060 434-228-060

434-30-010 434-230-010

434-30-020 434-230-020

434-30-030 434-230-030

434-30-040 434-230-040

434-30-050 434-230-050

434-30-060 434-230-060

434-30-070 434-230-070

434-30-080 434-230-080

434-30-090 434-230-090

434-30-160 434-230-160

434-30-170 434-230-170

434-30-180 434-230-180

434-30-190 434-230-190

434-30-200 434-230-200

434-30-210 434-230-210

434-34-010 434-334-010

434-34-015 434-334-015

434-34-020 434-334-020

434-34-025 434-334-025

434-34-030 434-334-030

434-34-035 434-334-035

434-34-040 434-334-040

434-34-045 434-334-045

434-34-050 434-334-050

434-34-055 434-334-055

434-34-060 434-334-060

434-34-065 434-334-065

434-34-070 434-334-070

434-34-075 434-334-075

434-34-080 434-334-080

434-34-085 434-334-085

434-34-090 434-334-090

434-34-095 434-334-095

434-34-100 434-334-100

434-34-105 434-334-105

434-34-110 434-334-110

434-34-115 434-334-115

434-36-010 434-236-010

434-36-020 434-236-020

434-36-030 434-236-030

434-36-040 434-236-040

434-36-050 434-236-050

434-36-060 434-236-060

434-36-070 434-236-070

434-36-080 434-236-080

434-36-090 434-236-090

434-36-100 434-236-100

434-36-110 434-236-110

434-36-120 434-236-120

434-36-140 434-236-140

434-36-160 434-236-160

434-36-170 434-236-170

434-36-180 434-236-180

434-36-200 434-236-200

434-36-210 434-236-210

434-40-005 434-240-005

434-40-010 434-240-010

434-40-020 434-240-020

434-40-025 434-240-025

434-40-030 434-240-030

434-40-040 434-240-040

434-40-050 434-240-050

434-40-060 434-240-060

434-40-090 434-240-090

434-40-100 434-240-100

434-40-110 434-240-110

434-40-120 434-240-120

434-40-130 434-240-130

434-40-150 434-240-150

434-40-160 434-240-160

434-40-180 434-240-180

434-40-190 434-240-190

434-40-200 434-240-200

434-40-230 434-240-230

434-40-240 434-240-240

434-40-250 434-240-250

434-40-260 434-240-260

434-40-270 434-240-270

434-40-290 434-240-290

434-40-300 434-240-300

434-53-010 434-253-010

434-53-020 434-253-020

434-53-030 434-253-030

434-53-040 434-253-040

434-53-050 434-253-050

434-53-060 434-253-060

434-53-070 434-253-070

434-53-080 434-253-080

434-53-090 434-253-090

434-53-100 434-253-100

434-53-110 434-253-110

434-53-120 434-253-120

434-53-130 434-253-130

434-53-140 434-253-140

434-53-150 434-253-150

434-53-160 434-253-160

434-53-170 434-253-170

434-53-180 434-253-180

434-53-190 434-253-190

434-53-200 434-253-200

434-53-210 434-253-210

434-53-220 434-253-220

434-53-230 434-253-230

443-53-240 434-253-240

434-53-250 434-253-250

434-53-260 434-253-260

434-53-270 434-253-270

434-53-280 434-253-280

434-53-290 434-253-290

434-53-300 434-253-300

434-53-310 434-253-310

434-53-320 434-253-320

434-61-010 434-261-010

434-61-020 434-261-020

434-61-030 434-261-030

434-61-040 434-261-040

434-61-060 434-261-060

434-62-005 434-262-005

434-62-010 434-262-010

434-62-020 434-262-020

434-62-030 434-262-030

434-62-040 434-262-040

434-62-050 434-262-050

434-62-060 434-262-060

434-62-070 434-262-070

434-62-080 434-262-080

434-62-090 434-262-090

434-62-100 434-262-100

434-62-110 434-262-110

434-62-120 434-262-120

434-62-130 434-262-130

434-62-140 434-262-140

434-62-150 434-262-150

434-62-160 434-262-160

434-62-170 434-262-170

434-62-180 434-262-180

434-62-190 434-262-190

434-62-200 434-262-200