WSR 02-03-133

PROPOSED RULES

SECRETARY OF STATE


[ Filed January 23, 2002, 11:19 a.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 01-17-025.

     Title of Rule: Absentee voting and vote-by-mail elections.

     Purpose: To make changes in existing rules as a result of legislation passed by the legislature in 2001; to eliminate the reports required for vote-by-mail elections.

     Statutory Authority for Adoption: RCW 29.04.210, 29.36.150.

     Statute Being Implemented: Chapter 241, Laws of 2001.

     Summary: SB 5275 made extensive changes in absentee ballots, mail ballots, and vote-by-mail elections. These proposed rules address the legislative changes made by SB 5275. Additionally, the requirement for county auditors to send vote-by-mail election reports is being repealed. These rule changes were adopted in August 2001 as emergency rules and are now to be adopted permanently.

     Name of Agency Personnel Responsible for Drafting and Implementation: Sheryl Moss, Office of the Secretary of State, (360) 902-4146.

     Name of Proponent: Office of the Secretary of State, governmental.

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

     Explanation of Rule, its Purpose, and Anticipated Effects: The rules affected by the proposed changes regulate the absentee ballot, vote-by-mail election, and mail ballot precinct processes. The passage of SB 5275 created many sections that were no longer in compliance with state law. These changes adjust the Washington Administrative Code to comply with the Revised Code of Washington. Additionally, the requirement for county auditors to send vote-by-election reports to the Office of the Secretary of State is repealed.

     Proposal Changes the Following Existing Rules: WAC 434-236-025, a new section gives the formula for determining the eligibility for a precinct to be made into a mail ballot precinct and the requirement to mail notices when such a change is made.

     WAC 434-236-030, removes the requirement that a copy of a vote-by-mail election resolution be sent to the Office of the Secretary of State.

     WAC 434-236-055, a new section details the types of elections that may be conducted entirely by mail and the notification of the jurisdiction.

     WAC 434-236-050, a notice of election need not list all precincts if the entire election is to be conducted by mail.

     WAC 434-236-070, in a vote-by-mail election, ballots must be made available at least twenty days prior to election day. The county auditor may send a ballot or a notice to inactive registered voters.

     WAC 434-236-080, the county auditor is allowed to forward mail ballots if certain requirements are met.

     WAC 434-236-100, contains minor wording changes.

     WAC 434-236-110, the replacement ballot form is removed and additional methods of obtaining a replacement ballot are added.

     WAC 434-236-140, removes the requirement that the county canvassing board verify signatures on return envelopes. The requirement that the signature be verified remains.

     WAC 434-236-180, the county auditor is given the responsibility for the final processing of mail ballots. The time allowed for final processing and tabulation are changed to match absentee ballot requirements.

     Repealing WAC 434-236-040, requires the county auditor to file a vote-by-mail plan with secretary of state; WAC 434-236-050, requires the review of the plan by the secretary of state; and WAC 434-236-210, requires the county auditor to file a vote-by-mail election report with the secretary of state.

     WAC 434-240-010, changes the definition of "Hospital absentee ballot" and "Special ballot."

     WAC 434-240-020, an application for an absentee ballot for a primary may also be for the following general election.

     WAC 434-240-027, a new section which details requesting an absentee ballot for a family member.

     WAC 434-240-060, adds inactive status as a reason to cancel onging absentee ballot status.

     WAC 434-240-080, a new section defines who may request a special absentee ballot.

     WAC 434-240-090, a special absentee ballot application form oath will no longer contain a statement that the voter will be outside the continental United States.

     WAC 434-240-120, hospital absentee ballot application is changed to health care facility ballot application form. Allows for any resident of a health care facility may receive a ballot on election day by messenger.

     WAC 434-240-130, requires the county auditor to send a notice to an elector submitting an incomplete application if enough time exists.

     WAC 434-240-150, requires the county auditor make note in a voters record of an absentee ballot application.

     WAC 434-240-190, requires that instructions on how to correct a vote be included with an absentee ballot. "Or affirm" is added to the absentee ballot oath. Details requirements for the forwarding of absentee ballots.

     WAC 434-240-205, details the procedures for requesting a replacement absentee ballot.

     WAC 434-240-230, details the setting for optical scan ballot counters.

     WAC 434-240-235, emphasizes that efforts to provide voters the opportunity to sign unsigned affidavits are a public record.

     WAC 434-240-250, removes unnecessary special ballot detail and provides procedure for the special ballots of voters who also requested an absentee ballot.

     WAC 434-240-320, removes the requirement that an application form be submitted for mail ballot precinct voters and requires that the county auditor mail ballots to all active registered voters.

     Repealing WAC 434-240-025, telephone request for absentee ballots is addressed in chapter 29.36 RCW; and WAC 434-240-160, this is addressed in WAC 434-240-130.

     WAC 434-262-020, details the information required in the preliminary abstract of votes that the requirement that the county auditor inspect the report for errors.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. Does not affect small business.

     RCW 34.05.328 does not apply to this rule adoption. RCW 34.05.328 (5)(b)(ii) states that this section does not apply to rules relating only to internal governmental operations.

     Hearing Location: Office of the Secretary of State, 520 Union Avenue S.E., Olympia, WA 98501, on March 6, 2002, at 10:00 a.m.

     Assistance for Persons with Disabilities: Contact Sheryl Moss by February 27, 2002, TDD (800) 422-8683, or (360) 902-4146.

     Submit Written Comments to: Sheryl Moss, Office of the Secretary of State, P.O. Box 40232, Olympia, WA 98504, fax (360) 664-4619, by March 5, 2002.

     Date of Intended Adoption: March 7, 2002.

January 23, 2002

Steve Excell

Assistant Secretary of State

OTS-4949.3


NEW SECTION
WAC 434-236-025   Mail ballot precincts.   (1) The county auditor may designate any precinct having fewer than two hundred active registered votes at the time of the closing of the voter registration files for that primary or election as a mail ballot precinct. In making this determination, persons who are ongoing absentee voters as described in WAC 434-240-020(7) shall not be counted.

     (2) In such a case, the auditor shall notify each registered voter in the designated precinct by mail that for all future primaries and elections, or until a specified date, the voting in the voter's precinct will be by mail ballot only.

[]


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

WAC 434-236-030   Request for mail ballot 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: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 97-21-045, recodified as § 434-236-030, filed 10/13/97, effective 11/13/97. Statutory Authority: 1983 1st ex.s. c 71. 83-22-055 (Order 83-2), § 434-36-030, filed 11/1/83.]


NEW SECTION
WAC 434-236-055   Odd numbered year primaries by mail.   (1) In an odd-numbered year, the county auditor may conduct a primary or a special election held in conjunction with the primary:

     (a) For an office or ballot measure of a special purpose district that is entirely within the county;

     (b) For an office or ballot measure of a special purpose district that lies in the county and one or more other counties if the auditor first secures the concurrence of the county auditors of those other counties to conduct the primary in this manner district-wide; and

     (c) For ballot measures or nonpartisan offices of a county, city, or town if the auditor first secures the concurrence of the legislative authority of the county, city, or town involved.

     (2) In the event that a primary is to be held by mail ballot only, the auditor must notify the jurisdiction involved not later than forty-five days before the primary date.

     (3) An all mail primary shall not be held if a partisan office, or state office, or state ballot measure is to be voted upon.

[]


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

WAC 434-236-060   Notice of election.   In any mail ballot 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 if not the entire election;

     (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: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 97-21-045, recodified as § 434-236-060, filed 10/13/97, effective 11/13/97. Statutory Authority: 1983 1st ex.s. c 71. 83-22-055 (Order 83-2), § 434-36-060, filed 11/1/83.]


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

WAC 434-236-070   Delivery of ballot to voter.   (1) Not ((sooner than twenty-five days nor)) later than ((fifteen)) twenty days before any mail ballot election, the county auditor shall ((send)) make available to each registered voter in the election district a ballot, a return envelope preaddressed to the issuing officer, a ballot security envelope, and instructions regarding the mail ballot election.

     (2) The auditor shall send each inactive registered voter either a ballot or an application to receive a ballot. If the voter returns a voted ballot, the ballot must be counted and the voter returned to active status.

[Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 97-21-045, recodified as § 434-236-070, filed 10/13/97, effective 11/13/97. Statutory Authority: 1983 1st ex.s. c 71. 83-22-055 (Order 83-2), § 434-36-070, filed 11/1/83.]


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

WAC 434-236-080   Envelope specifications.   The county auditor has the option to forward mail ballots. The envelopes in which mail ballots are mailed to the voters ((shall be clearly marked with)) shall be mailed with either:

     (1) Postal service endorsements to prevent forwarding of ((the)) ballots and ensure undeliverable ballots are returned to the county auditor with address corrections; or

     (2) Postal service endorsements to allow forwarding of the ballots, to receive from the post office the addresses to which ballots were forwarded, and the return of unforwardable ballots. Forwarded ballots shall also contain a clear explanation of the qualifications necessary to vote in that election and must also advise a voter who has questions about his or her eligibility to contact the county auditor.

     In all other respects, mail ballot election envelopes shall conform to the requirements for absentee ballot envelopes provided in chapter 434-240 WAC.

     County auditors shall be permitted to use any existing stock of mail ballot envelopes and instructions in the form specified by state law or administrative rule prior to August 1, 2001. Upon exhaustion of that stock or not later than July 1, 2002, county auditors shall comply with the provisions of this regulation when ordering mail ballot return envelopes.

[Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 97-21-045, recodified as § 434-236-080, filed 10/13/97, effective 11/13/97. Statutory Authority: 1983 1st ex.s. c 71. 83-22-055 (Order 83-2), § 434-36-080, filed 11/1/83.]


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

WAC 434-236-100   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)) for the deposit of ballots not returned by mail 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 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 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. These persons shall ensure that the affidavit on the return envelope is signed before the ballot is deposited in the ballot box. 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 if special circumstances are involved and documented by the persons staffing the place of deposit.

[Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 97-21-045, recodified as § 434-236-100, filed 10/13/97, effective 11/13/97. Statutory Authority: 1983 1st ex.s. c 71. 83-22-055 (Order 83-2), § 434-36-100, filed 11/1/83.]


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

WAC 434-236-110   Obtaining replacement ballots.   ((Each county auditor shall designate his or her office or any other location within the jurisdiction requesting the mail ballot 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:

REPLACEMENT BALLOT REQUEST


I, . . . . . . , do hereby request a replacement ballot for the mail ballot 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 may issue replacement ballots to a registered voter who claims that the original issued ballot is destroyed, spoiled, lost, or not received. The voter may obtain the ballot by telephone request, by mail, electronically, or in person at the county auditor's office. The county auditor shall keep a record of each replacement ballot provided under this subsection.

     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: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 97-21-045, recodified as § 434-236-110, filed 10/13/97, effective 11/13/97. Statutory Authority: 1983 1st ex.s. c 71. 83-22-055 (Order 83-2), § 434-36-110, filed 11/1/83.]


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

WAC 434-236-140   Verification of signatures -- Process.   The county auditor shall verify signatures on the return envelopes in the same manner ((the canvassing board verifies)) signatures are verified on absentee ballot return envelopes pursuant to chapter 434-240 WAC.

[Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 97-21-045, recodified as § 434-236-140, filed 10/13/97, effective 11/13/97. Statutory Authority: 1983 1st ex.s. c 71. 83-22-055 (Order 83-2), § 434-36-140, filed 11/1/83.]


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

WAC 434-236-180   Tallying of ballots.   ((The county canvassing board, upon the request of)) The county auditor, may begin final processing of mail ballots on hand after 7:00 a.m. on election day and tabulation at 8:00 p.m. 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 29.85.225.)) During tabulation of ballots on election night in counties using electronic voting devices, political party observers may select up to 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: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 97-21-045, recodified as § 434-236-180, filed 10/13/97, effective 11/13/97. Statutory Authority: 1983 1st ex.s. c 71. 83-22-055 (Order 83-2), § 434-36-180, filed 11/1/83.]


REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 434-236-040 Mail ballot election plan.
WAC 434-236-050 Review of the plan by the secretary of state.
WAC 434-236-210 Report to the secretary of state.

OTS-4950.3


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

WAC 434-240-010   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 40.24 RCW.

     (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 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 434-240-210;

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

     (7) "Ongoing absentee ballot" is 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 40.24 RCW;

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

     (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;

     (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;

     (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. 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;

     (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;

     (13) "Special ballot" is that ballot issued to a voter by precinct election officers pursuant to WAC ((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)) 434-253-043.

     (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: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 97-21-045, recodified as § 434-240-010, filed 10/13/97, effective 11/13/97. 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 WSR 97-21-045, filed 10/13/97, effective 11/13/97)

WAC 434-240-020   Applications for single absentee ballots.   Any application for ((an)) a single absentee ballot which is signed by a registered voter or elector, which identifies either the voter's registration address or the elector's last physical residence for voting purposes within the state, or where a registration address can be determined by use of the county voter registration records, and which contains an address to which the ballot is to be mailed if that address is different from the registration or residence address, shall be honored by the county auditor of the county in which the voter resides or the elector maintains his or her legal residence. An application for an absentee ballot for a primary may also be for the following general election.

[Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 97-21-045, recodified as § 434-240-020, filed 10/13/97, effective 11/13/97. Statutory Authority: RCW 29.36.150. 88-03-019 (Order 88-1), § 434-40-020, filed 1/12/88.]


NEW SECTION
WAC 434-240-027   Requesting absentee ballot for family member.   A member of a registered voter's immediate family may request an absentee ballot on behalf of and for use by the voter. To ensure that a person who requests an absentee ballot is requesting the ballot for an immediate family member, an election official may require a person who requests an absentee ballot to identify the date of birth of the voter for whom the ballot is requested and deny a request that is not accompanied by this information.

[]


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

WAC 434-240-060   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) Upon being placed on inactive status.

     A service voter, as defined in RCW 29.01.155, who is a certified participant in the address confidentiality program authorized by chapter 40.24 RCW, shall maintain ongoing absentee voter status throughout the term of their program participation.

[Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 97-21-045, recodified as § 434-240-060, filed 10/13/97, effective 11/13/97. 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.]


NEW SECTION
WAC 434-240-080   Special absentee ballot.   The county auditor must provide special absentee ballots to be used for state primary or state general elections. The auditor will provide a special absentee ballot only to a registered voter who completes an application stating that the voter will be unable to vote and return a regular absentee ballot by normal mail delivery within the period provided for regular absentee ballots.

[]


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

WAC 434-240-090   Special absentee ballot application form.   Each county shall provide an application form for a special absentee ballot. This form may be produced in any format deemed appropriate by the county auditor and shall include, but not be limited to, space for the following:

     (1) The applicant's printed name and the address at which he or she is registered to vote or, if an elector, the last physical residence for voting purposes in Washington;

     (2) The address to which the special ballot is to be mailed;

     (3) An indication of the election for which the ballot is requested;

     (4) The voter's signature;

     (5) A box for the voter to check indicating that they want a regular absentee ballot forwarded to them as soon as it is available;

     ((The application shall also state that the applicant believes that he or she will be residing or stationed outside the continental United States and that he or she believes that they will be unable to vote and return a regular absentee ballot by mail during the period provided by law for the return of regular absentee ballots.)) (6) The declaration required in WAC 434-240-190. The county auditor shall honor any application for a special absentee ballot that is in substantial compliance with the provisions of this section.

[Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 97-21-045, recodified as § 434-240-090, filed 10/13/97, effective 11/13/97. Statutory Authority: RCW 29.36.150. 88-03-019 (Order 88-1), § 434-40-090, filed 1/12/88.]


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

WAC 434-240-120   ((Hospital)) Health care facility absentee ballot application form.   Each county shall provide an application form for ((hospital absentee ballots. This form may be produced in any format deemed appropriate by the county auditor and shall include, but not be limited to, space for the following:

     (1) A statement by the voter that he or she was admitted to the hospital no earlier than five days prior to a primary or general election;

     (2) A statement by the voter that he or she will be confined to the hospital on the day of the primary or election;

     (3) A place for the voter to print his or her name and address;

     (4) A place for the voter to sign the application;

     (5) A place for the hospital administrator or his or her designee to verify the voter's date of admission and status as a patient;

     Voters qualifying for hospital absentee ballots may apply by messenger on the day of the primary or election for that ballot.)) a registered voter who is a resident of a health care facility, as defined by RCW 70.37.020(3), to apply for an absentee ballot by messenger on election day. The messenger may pick up the voter's absentee ballot and deliver it to the voter and return it to the county auditor's office.

[Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 97-21-045, recodified as § 434-240-120, filed 10/13/97, effective 11/13/97. Statutory Authority: RCW 29.36.150. 88-03-019 (Order 88-1), § 434-40-120, filed 1/12/88.]


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

WAC 434-240-130   Incomplete application from elector.   (1) 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((,)) notify the person submitting the application the reason why the application is not accepted. If ((in his or her judgment)) enough time exists to make such action practical, the county auditor shall request that the elector provide the additional information ((in order)) to enable ((the auditor to mail)) the correct absentee ballot to be mailed.

     (2) 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.

     (3) 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 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 97-21-045, recodified as § 434-240-130, filed 10/13/97, effective 11/13/97. Statutory Authority: RCW 29.36.150. 88-03-019 (Order 88-1), § 434-40-130, filed 1/12/88.]


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

WAC 434-240-150   Verification of absentee ballot application.   Upon receipt of a request for an absentee ballot made by a registered voter or an elector, the county auditor shall determine if the applicant is a registered voter within the county. If ((it is determined that the applicant is registered to vote, a notation shall be made that)) the applicant is registered, a notation shall be made in the voter registration file to indicate that the voter has ((requested)) applied for an absentee ballot ((and)). The appropriate ballot shall be mailed as soon as it is available. If it is determined that the application is from an elector, the county auditor shall mail the appropriate absentee ballot when available, together with any state or local voter's pamphlet produced for that election.

[Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 97-21-045, recodified as § 434-240-150, filed 10/13/97, effective 11/13/97. Statutory Authority: RCW 29.36.150. 88-03-019 (Order 88-1), § 434-40-150, filed 1/12/88.]


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

WAC 434-240-190   Absentee ballot envelopes.   Included with any absentee ballot provided to a voter shall be:

     (1) Instructions for correctly voting the absentee ballot((,));

     (2) Instructions how to correct a vote;

     (3) A security envelope which shall bear no markings identifying the voter((,)); and

     (4) A return envelope which shall bear the return address of the ((issuing officer)) county auditor and shall have a space for the voter to sign his or her name. The return envelope shall also have the following statement:


I . . . . . . . . . do solemnly swear or affirm under penalty of law that I am a legal resident of the state of Washington entitled to vote in this election I have not voted another ballot, and 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


All absentee ballot envelopes and return envelopes shall conform to existing postal department regulations . 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 and instructions, in the form specified by state law or administrative ((rate)) rule prior to ((June 1, 1997)) August 1, 2001. Upon exhaustion of that stock or not later than ((December 31, 1998)) July 1, 2002, county auditors shall comply with the provisions of this regulation when ordering absentee ballot return envelopes.

     If the county auditor chooses to forward absentee ballots, he or she must include with the ballot a clear explanation of the qualifications necessary to vote in that election and must also advise a voter who has questions about his or her eligibility to contact the county auditor. This explanation may be provided on the ballot envelope, on an enclosed insert, or printed directly on the ballot itself. Postal service endorsements to allow forwarding of the ballots, to receive from the post office the addresses to which ballots were forwarded, and the return of unforwardable ballots shall be used on any forwardable absentee ballots. If the information is not included, the envelope must clearly indicate that the ballot is not to be forwarded and that return postage is guaranteed.

[Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 98-03-033, § 434-240-190, filed 1/13/98, effective 2/13/98; 97-21-045, recodified as § 434-240-190, filed 10/13/97, effective 11/13/97. Statutory Authority: RCW 29.36.150. 88-03-019 (Order 88-1), § 434-40-190, filed 1/12/88.]


AMENDATORY SECTION(Amending WSR 99-08-089, filed 4/6/99, effective 5/7/99)

WAC 434-240-205   Replacement absentee ballots.   The county auditor may issue replacement absentee ballots to a registered 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.)) claims that the ballot originally issued was destroyed, spoiled, lost, or not received. The voter may request a replacement ballot by telephone, mail, electronic mail, fax, or in person at the county auditor's office. The county auditor shall keep a record of each replacement ballot provided under this section.

     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 or the original absentee ballot, whichever is received first, shall be credited to the voter's registration file and tabulated if the ballot meets all requirements for tabulation. If the auditor receives additional ballot(s) from a voter, as indicated by the fact that the voter is already credited with voting, the additional ballot(s) shall not be counted and shall be forwarded to the county canvassing board.

[Statutory Authority: RCW 29.04.080 and 29.04.210. 99-08-089, § 434-240-205, filed 4/6/99, effective 5/7/99. Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 97-21-045, § 434-240-205, filed 10/13/97, effective 11/13/97.]


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

WAC 434-240-230   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.

     (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 must be kept in secure storage until they are ready for final processing.

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

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

     (6) In counties tabulating ballots on an optical scan/mark sense vote tallying system, the auditor will set the devices to reject all overvotes and blank ballots.

     (a) All rejected ballots shall be outstacked for additional manual inspection.

     (b) The outstacked ballots shall be inspected in a manner similar to the original inspection with special attention being given to stray marks, erasures, and other conditions that may have caused the vote-tallying device to misread and reject the ballot.

     (c) The reinspected ballots will then be processed in a manner prescribed in this chapter according to the findings of the inspection.

[Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 98-03-033, § 434-240-230, filed 1/13/98, effective 2/13/98; 97-21-045, recodified as § 434-240-230, filed 10/13/97, effective 11/13/97. Statutory Authority: RCW 29.36.150. 88-03-019 (Order 88-1), § 434-40-230, filed 1/12/88.]


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

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.

     (3) A record shall be kept 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. That record is a public record pursuant to RCW 42.17 and may be disclosed to interested parties on written request.

[Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 98-03-033, § 434-240-235, filed 1/13/98, effective 2/13/98.]


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

WAC 434-240-250   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 special ballot. ((The special ballot shall be placed in an envelope, on the outside of which the words "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 "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 issued.)) The special ballot shall be securely retained until all absentee ballots have been received and credited. If the voter did not return his absentee ballot, the special ballot shall be processed as a valid ballot. If the voter has returned an absentee ballot, the ballot shall not be counted and should then be referred to the canvassing board for their disposition.

     This regulation and WAC 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 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 97-21-045, recodified as § 434-240-250, filed 10/13/97, effective 11/13/97. Statutory Authority: RCW 29.36.150. 88-03-019 (Order 88-1), § 434-40-250, filed 1/12/88.]


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

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, excluding ongoing absentee 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, preaddressed to the county auditor with return postage prepaid)). A mail ballot shall be issued to each active registered voter ((who returns a properly executed application to the county auditor no later than the day of the primary or election.)), as soon as they are available, 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, preaddressed to the county auditor with return postage prepaid to each active and inactive voter in the precinct without a mail ballot application form on file with the county auditor)). The auditor shall send each inactive voter either a ballot or an application to receive a ballot. The auditor shall determine which of the two is to be sent. If the inactive voter returns a voted ballot, the ballot shall be counted and the voter's inactive status restored to active. If the inactive voter returns an application form, a ballot shall be sent and the voter's inactive status restored to active.

     If the precinct exceeds two hundred registered voters, or the auditor determines to return to a polling place election environment, the auditor shall notify each registered voter, by mail, of this and shall provide the address of the polling place to be used.

     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.

[Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 98-03-033, § 434-240-320, filed 1/13/98, effective 2/13/98.]


REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 434-240-025 Telephone requests for absentee ballots.
WAC 434-240-160 Notification to voter of incomplete application.

OTS-4952.2


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

WAC 434-262-020   Preliminary abstract of votes.   Following the election and prior to the official canvass, the county auditor shall prepare an abstract of votes, listing the number of registered voters and votes cast, votes cast for and against measures, ((and)) votes cast for candidates, overvotes and undervotes, by precinct or groups of precincts in the event that precincts have been combined ((pursuant to)) in accordance with RCW 29.04.055, for canvassing purposes. The county auditor shall inspect the report for errors that may affect the results of the election. Correction of any errors discovered must be made prior to the official canvass.

[Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 97-21-045, recodified as § 434-262-020, filed 10/13/97, effective 11/13/97. Statutory Authority: RCW 29.04.080. 80-15-008 (Order 80-3), § 434-62-020, filed 10/3/80.]

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