PERMANENT RULES
Date of Adoption: September 24, 2002.
Purpose: Delete a rule that is not necessary, out of date, and refers to another administrative code that no longer exists.
Citation of Existing Rules Affected by this Order: Amending WAC 434-240-010(5).
Statutory Authority for Adoption: RCW 29.04.080.
Adopted under notice filed as WSR 02-15-157 on July 23, 2002.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.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 0,
Repealed 0;
Pilot Rule Making:
New 0,
Amended 0,
Repealed 0;
or Other Alternative Rule Making:
New 0,
Amended 0,
Repealed 0.
Effective Date of Rule:
Thirty-one days after filing.
September 24, 2002
Steve Excell
Assistant Secretary of State
OTS-5830.1
AMENDATORY SECTION(Amending WSR 02-07-028, filed 3/12/02,
effective 4/12/02)
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))) (6) "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))) (7) "Hospital absentee ballot" is that absentee
ballot provided to voters confined to a health care facility
on the day of a primary or election;
(((9))) (8) "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))) (9) "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))) (10) "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))) (11) "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))) (12) "Special ballot" is that ballot issued to a
voter by precinct election officers pursuant to WAC 434-253-043.
(((14))) (13) "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))) (14) "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 29.04.210, 29.36.150. 02-07-028, § 434-240-010, filed 3/12/02, effective 4/12/02. 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.]