EMERGENCY RULES
Date of Adoption: January 21, 2000.
Purpose: Chapter 434-257 WAC is changed to comply with state law changes as a result of SHB 1291.
Citation of Existing Rules Affected by this Order: Repealing WAC 434-257-050, 434-257-080, and 434-257-120; and amending WAC 434-257-010, 434-257-020, 434-257-030, 434-257-070, 434-257-090, 434-257-100, 434-257-130, and 434-257-150.
Statutory Authority for Adoption: RCW 29.57.170.
Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.
Reasons for this Finding: With a due date of April 1, 2000, these rules need to be adopted early enough for counties to survey their polling places and produce a report. These rules will be adopted permanently at a later date.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 8, Repealed 3.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 8, Repealed 3; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0. Effective Date of Rule: Immediately.
January 21, 2000
Donald F. Whiting
Assistant Secretary of State
OTS-3635.1
REGULATIONS ON ACCESSIBILITY OF POLLING PLACES ((AND PERMANENT
VOTER REGISTRATION FACILITIES TO ELDERLY VOTERS OR DISABLED
VOTERS))
These regulations are adopted
pursuant to RCW 29.57.170 to implement the provisions of chapter 29.57 RCW ((and the requirements of Public Law 98-435)) regarding
the accessibility of polling places ((and voter registration
facilities)) for ((federal)) all elections.
[98-08-010, recodified as § 434-257-010, filed 3/18/98, effective 3/18/98. Statutory Authority: RCW 29.57.170. 86-08-045 (Order 86-02), § 434-57-010, filed 3/27/86.]
As used in these regulations:
(1) "Accessible" means the combination of factors which
create an environment free of barriers to the mobility or
functioning of voters ((who are elderly or disabled)). The
environment consists of the routes of travel to and through
buildings or facilities used for the purpose of voting ((or voter
registration)).
(2) "Alternative polling place" means an accessible location which could be used as a polling place in the event that the existing site is inaccessible and which is reasonably convenient to assigned voters as determined by the county auditor.
(3) "County auditor" means the county auditor or county election official.
(4) "Election" means any primary, special or general
election ((for any federal office)).
(5) (("Federal election" means a primary, special or general
election for the office of president, vice-president, United
States senator or United States representative.
(6) "Permanent voter registration facilities" means any
offices or other locations specifically required to provide voter
registration services under chapter 29.07 RCW or the location of
any deputy registrar appointed by the county auditor to serve for
an indefinite period of time.
(7))) "State of emergency" means any condition which, in the
opinion of the county auditor and secretary of state, would
interfere with the safe and efficient conduct of an election.
[98-08-010, recodified as § 434-257-020, filed 3/18/98, effective 3/18/98. Statutory Authority: RCW 29.57.170. 86-08-045 (Order 86-02), § 434-57-020, filed 3/27/86.]
A polling place
is accessible if ((each of)) the ((following)) standards ((is))
of the state building code council are met or exceeded. If
((each of)) the ((following)) standards cannot be met,
alternative accommodations may be permitted under RCW 29.57.090. ((A permanent voter registration facility is accessible if each
of the following standards is met or exceeded, except in
subsections 3 and 4 where the standard specifically applies to a
polling place.
(1) Parking. Where off-street parking is provided, there is
at least one existing or temporary parking place at a polling
place designated for use on the day of the election by voters [on
the day of the primary or election, for each nine hundred persons
registered to vote at that polling place] whose vehicle displays
a special card, decal or license plate as required by RCW 64.61.381 [46.16.381]. A polling place, where off-street parking
is not available, is considered accessible only if there is no
other equally accessible alternative polling place where
off-street parking is available which would be suitable for a
precinct or group of precincts. Where off-street parking is
provided, there is at least one existing parking place at a
permanent voter registration facility designated for use by
persons who are elderly or disabled. The designated parking
place(s) is in close proximity to the accessible entrance to the
building containing the polling place or permanent voter
registration facility and is no less than twelve feet six inches
wide. The area surrounding the [designated] parking place(s)
[for voters with disabilities] is a firm, stable surface and
generally level, with a maximum slope in any direction of one
inch in fifty inches. A slope of one inch in thirty inches in
the area surrounding the designated parking place[(s)] is
considered accessible only if all other potential polling places
within [the] [a] precinct [or group of precincts] are not and
cannot be made to meet this standard.
(2) Accessible route of travel. A continuous, unobstructed
pathway exists from the accessible parking place(s), where
provided, to and through the accessible building entrance and to
the polling place or permanent voter registration facility. The
accessible route of travel is a minimum of thirty-six inches of
clear width and seventy-nine inches in clear height unless
otherwise specified in these standards.
(a) Walkways and ramps. Walkways or ramps which occur
within the accessible route of travel have a minimum clear width
of forty-four inches, no abrupt edge over one-half inch in
height, no grating with openings larger than one-half inch, and a
maximum slope in the direction of travel less than one inch in
twenty inches with a cross slope no more than one inch in fifty
inches. The width of walkways and ramps may be thirty-six inches
only in instances where it is impractical or unreasonable to
provide forty-four inches. If the slope of the accessible route
of travel is between one inch in twenty inches and one inch in
twelve inches, a level five foot by five foot landing is provided
for each thirty inches of rise. Ramps and curb cuts have a slope
no more than one inch in twelve inches. Ramps one inch in twenty
or steeper have handrails. Curb cuts have a clear width of
thirty-six inches and side slopes no more than one inch in six
inches.
(b) Entrances. The entrance to the building containing the
polling place or permanent voter registration facility is at
least thirty-two inches of clear width with a threshold no more
than one-half inch in height. The entrance to the building
containing a polling place with a threshold of one and one-half
inches in height is considered accessible if there is no other
equally accessible alternative polling place where the entrance
with a threshold of one-half inch in height is available which
would be suitable for a precinct or a group of precincts. There
is a level, firm, stable and slip resistant surface at least
fifty inches wide, at least eighteen inches of which is directly
adjacent to the latch side of the door, and five feet deep on
both the inside and outside of the door. If the entrance to the
building containing the polling place remains in an open position
during polling hours, the requirement for the eighteen inches
adjacent to the latch side of the door does not apply. If the
door is power operated, it is equipped with a time delay.
(c) Interior corridors. If the entrance to the building
containing the polling place or permanent voter registration
facility does not open directly to the polling place or permanent
voter registration facility, there is an unobstructed route of
travel from the entrance of the building to the entrance of the
polling place or permanent voter registration facility which is
at least forty-four inches wide. If there is an elevator on the
only accessible route of travel, it is in close proximity to the
entrance to the building, it has a minimum interior depth of
forty-eight inches, the doors have at least thirty-two inches
clear width, and the floor has a firm, stable surface.
(3) Polling place. There is seating and adequate,
unobstructed space for reasonable movement of voters who are
elderly or disabled within the polling place.
(4) Voting equipment. In polling places in which ballots
are cast on voting machines or voting devices, there is at least
one machine or device which is no higher than thirty inches with
at least twenty-seven inches minimum height knee clearance under
the machine, device or table for a seated person. Voters may
also be provided with paper ballots and a voting booth with a
horizontal surface which is no higher than thirty inches with at
least twenty-seven inches minimum height knee clearance under the
booth or table.
(5) Illumination. There is sufficient illumination at all
points along the accessible route of travel and within the
polling place or permanent voter registration facility.
(6) Signs. There are signs with large, high contrast
lettering which identify any available accessible parking spaces
and the accessible route of travel to the polling place or
permanent voter registration facility if it is different from the
primary route of travel to the polling place or permanent voter
registration facility. Signs shall prominently display the
international symbol of access as provided by RCW 70.92.120.))
The following survey form may be used to determine if a polling
place is accessible and meets or exceeds the standards of the
state building code council.
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[98-08-010, recodified as § 434-257-030, filed 3/18/98, effective 3/18/98. Statutory Authority: RCW 29.57.170. 86-08-045 (Order 86-02), § 434-57-030, filed 3/27/86. Statutory Authority: Chapter 29.57 RCW as amended by 1985 c 205. 85-18-003 (Order 85-3), § 434-57-030, filed 8/22/85.]
(1) No later than April 1 of each even-numbered year, each county
auditor shall ((report)) submit to the secretary of state, ((on a
form prescribed and provided by the secretary of state,)) a
((list)) report showing the number of ((all)) precincts and
assigned polling places within that county. This report shall
specify those polling places which are inaccessible, ((a summary
of the efforts to locate alternative polling places and any
measures taken to temporarily modify existing inaccessible
polling places)) and what efforts have been made to locate
alternative polling places or to make the existing facilities
temporarily accessible.
(2) ((In 1986, the secretary of state may, on the request of
a county auditor, extend the deadline of this report to no later
than July 1.
(3) No later than thirty days before the next election in an
even-numbered year, a county auditor shall notify the secretary
of state of any changes in polling place locations. No changes
in polling place locations may be made after that time except
where it has been determined that a state of emergency exists.))
If a county shows all polling places as accessible after two
consecutive report periods, no further reports need be submitted
unless the secretary of state specifically reinstates the
requirement for that county. Notice of reinstatement must be in
writing and delivered at least sixty days before the reporting
date.
(3) The secretary of state shall review and keep on file the reports of polling places submitted by each county auditor.
[98-08-010, recodified as § 434-257-070, filed 3/18/98, effective 3/18/98. Statutory Authority: RCW 29.57.170. 86-08-045 (Order 86-02), § 434-57-070, filed 3/27/86.]
An
inaccessible polling place shall not be used in ((federal)) any
election((s)) unless the following conditions have been met:
(1) ((The secretary of state has reviewed and verified the
inaccessible polling place, that)) The county auditor has made a
reasonable effort ((has been made)) to locate an alternative
polling place and that measures to temporarily modify the
existing polling place are not feasible, and
(2) The registered voters assigned to such an inaccessible polling place have been notified as required, or
(3) ((It)) The secretary of state has ((been)) determined
that a state of emergency exists.
[98-08-010, recodified as § 434-257-090, filed 3/18/98, effective 3/18/98. Statutory Authority: RCW 29.57.170. 86-08-045 (Order 86-02), § 434-57-090, filed 3/27/86.]
(1) No later than thirty days before ((a special)) an election
((for a federal office or a primary in each even-numbered year)),
the county auditor shall mail a notice to each registered voter
assigned to an inaccessible polling place which has been
authorized for use under these rules and shall contain the
following information:
(a) The polling place for that precinct is inaccessible, for
the election or elections indicated in the notice, according to
the accessibility standards established for voters ((who are
elderly and disabled)). The extent and nature of inaccessibility
shall be specified.
(b) No later than twenty days before the election or
elections indicated in the notice, voters ((who are elderly or
disabled)) may request to be assigned to an alternative polling
place as listed in the notice, or may request to vote by absentee
ballot.
(c) An absentee ballot request form or instructions for requesting an absentee ballot for the specific election or elections indicated in the notice.
(2) Subsequent to the transmittal of a notice under (1) of this section and no later than thirty days before the next election, the county auditor shall also notify any person who registers to vote and is assigned to a precinct for which the polling place is inaccessible.
(3) The county auditor shall make the following
accommodations in voting procedures necessary to allow the use of
alternative polling places by voters ((who are elderly and
disabled)):
(a) The county auditor shall assemble election materials for voters who request to vote at an alternative polling place. The following materials shall be separated according to the precinct in which the voters are registered and placed into an envelope which clearly identifies that precinct:
(i) A poll book or precinct list which contains the names of only those voters from that precinct assigned to the alternative polling place;
(ii) A ballot for each voter from the precinct in which that voter is registered;
(iii) An envelope for voted ballots which is clearly marked
"Ballots for Precinct . . . . . . from Alternative Polling Place
. . . . . . ((for Elderly and Disabled Voters))";
(iv) Instructions for the precinct election officers.
(b) The procedures for voting and ballot tabulation for all
ballots cast by a voter ((who is elderly or disabled)) at an
alternative polling place shall be as follows:
(i) The voter shall be given a ballot from the precinct in which that voter is registered and contains all the issues and candidates for which that voter is legally qualified to vote. For lever machine precincts, the voter shall be provided with an appropriate paper ballot.
(ii) After the voter has cast his or her ballot, the ballot shall be placed in a separate ballot box or an envelope designated for ballots cast in an alternative polling place.
(iii) Following the close of the polls, ballots shall be transmitted in the designated envelopes to the county auditor's office. Within each county, all ballots cast at alternative polling places shall be canvassed and reported by legislative district separately from absentee or question ballots.
[98-08-010, recodified as § 434-257-100, filed 3/18/98, effective 3/18/98. Statutory Authority: RCW 29.57.170. 86-08-045 (Order 86-02), § 434-57-100, filed 3/27/86.]
Each county auditor shall conspicuously display voting
instructions, printed in at least 16-point bold type, at each
polling place on the day of the election. ((Each county auditor
shall also conspicuously display registration instructions,
printed in at least 16-point bold type, at each permanent voter
registration facility.))
[98-08-010, recodified as § 434-257-130, filed 3/18/98, effective 3/18/98. Statutory Authority: RCW 29.57.170. 86-08-045 (Order 86-02), § 434-57-130, filed 3/27/86.]
Each county
auditor shall include a list of polling places, indicating those
polling places which are accessible according to the standards
for voters ((who are elderly or disabled)), in the notice of
election published under RCW 29.27.030 and 29.27.080.
[98-08-010, recodified as § 434-257-150, filed 3/18/98, effective 3/18/98. Statutory Authority: RCW 29.57.170. 86-08-045 (Order 86-02), § 434-57-150, filed 3/27/86.]
The following sections of the Washington Administrative Code are repealed:
WAC 434-257-050 | Assistance from persons with disabilities. |
WAC 434-257-080 | Examination of inaccessible polling places. |
WAC 434-257-120 | Accessible permanent voter registration facilities. |