WSR 03-16-041

PROPOSED RULES

SECRETARY OF STATE


[ Filed July 30, 2003, 3:43 p.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 03-09-140.

     Title of Rule: Presidential primary.

     Purpose: Implement the 2004 presidential primary.

     Statutory Authority for Adoption: RCW 29.19.070.

     Statute Being Implemented: Chapter 29.19 RCW.

     Summary: The repealers and amendments update and streamline the presidential primary rules.

     Name of Agency Personnel Responsible for Drafting: Bill Huennekens, Office of the Secretary of State, (360) 902-4169; Implementation and Enforcement: Dean Logan, Office of the Secretary of State, (360) 902-4180.

     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: Updates existing rules and repeals unnecessary rules.

     Proposal Changes the Following Existing Rules: Updates language for conducting the presidential primary.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. Rules do not impact small business.

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

     Hearing Location: Office of the Secretary of State, 520 Union Avenue S.E., Olympia, WA, on September 25, 2003, at 10:00 a.m.

     Assistance for Persons with Disabilities: Contact Bill Huennekens by September 25, 2003, TDD (800) 422-8683 or (360) 902-4169.

     Submit Written Comments to: Bill Huennekens, Office of the Secretary of State, P.O. Box 40229, Olympia, WA 98504-0229, fax (360) 586-5629, by September 25, 2003.

     Date of Intended Adoption: November 1, 2003.

July 30, 2003

Steve Excell

Assistant Secretary of State


REPEALER

     The following sections of the Washington Administrative Code are repealed:

WAC 434-219-010

WAC 434-219-030

WAC 434-219-040

WAC 434-219-130

WAC 434-219-255

WAC 434-219-270

WAC 434-219-285

WAC 434-219-300

WAC 434-219-350


OTS-6552.1


AMENDATORY SECTION(Amending WSR 00-03-003, filed 1/6/00, effective 2/6/00)

WAC 434-219-020   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) "Major political party" means a political party of which at least one nominee for president, vice-president, United States senator, or statewide office received at least five percent of the total vote cast at the last preceding state general election for that office in an even-numbered year;

     (3) "Ballot" means, as the context implies, either:

     (a) The issues and offices to be voted upon in a jurisdiction or portion of a jurisdiction at a presidential primary;

     (b) A facsimile of the contents of a particular ballot, whether printed on a paper ballot or ballot card or as part of a voting device;

     (c) A physical or electronic record of the choices of an individual voter at a presidential primary;

     (d) A physical document on which the voter's choices are to be recorded;

     (4))) "Political party ballot" means a ballot composed of a list of names of candidates belonging to the same major political party and who have been certified by the secretary of state as provided in RCW 29.19.030.

     (((5))) (2) "Unaffiliated ballot" means a ballot composed of a list of all the candidates certified by the secretary of state as provided in RCW 29.19.030.

     (((6) "Physically)) (3) "Separate ballot" means a ballot specific to a single political party or an unaffiliated ballot. When ((physically)) separate ballots are used, all ballots must be issued to each absentee voter unless the voter signs the appropriate oath requesting only one ballot.

     (((7))) (4) "Consolidated ballot" means a ((single sheet of ballot paper or card)) medium upon which multiple ballots may be listed. Such ballots must clearly identify each separate ballot by type and, if used at a polling place, must also be capable of being coded so that only votes cast for candidates matching the oath signed by the voter are counted. Consolidated mail ballots may be coded in the same manner as polling place ballots.

     (((8) "Voting system" means a voting device, vote tallying system, or combination of these together with ballots and other supplies or equipment used to conduct a presidential primary or to canvass votes cast in a presidential primary;

     (9) "Voting device" means a piece of equipment used for the purpose of marking, or to facilitate the marking, of a ballot to be tabulated by a vote tallying system, or a piece of mechanical or electronic equipment used to directly record votes and to accumulate results for a number of issues or offices from a series of voters;

     (10) "Vote tallying system" means a piece of mechanical or electronic equipment and associated data processing software used to tabulate votes cast on ballot cards or otherwise recorded on a voting device or to prepare that system to tabulate ballot cards or count votes;

     (11) "Ad hoc committee" means the committee created under RCW 29.19.020 that has the authority to change the date of the presidential primary.))

[Statutory Authority: RCW 29.19.070. 00-03-003, § 434-219-020, filed 1/6/00, effective 2/6/00; 96-03-141, recodified as § 434-219-020, filed 1/24/96, effective 2/24/96; 91-18-012, § 434-75-020, filed 8/26/91, effective 9/26/91.]


AMENDATORY SECTION(Amending WSR 96-03-141, filed 1/24/96, effective 2/24/96)

WAC 434-219-080   Petition process for ballot access.   Members of a major political party may petition the secretary of state, pursuant to the provisions of RCW 29.19.030(2), to include on the presidential primary ballot the name of any candidate of that party not designated by the secretary of state under WAC 434-75-060. Petitions may be circulated for signatures not earlier than the first day following the designation of candidates by the secretary of state under WAC 434-75-060. Such petitions must be filed with the secretary of state not later than the thirty-ninth day preceding the primary, shall be accompanied by a signed, notarized statement by the candidate concerned giving his or her consent to the nomination, and must bear the signatures of at least one thousand persons registered to vote in the state of Washington at the time the petition signatures are verified.

[Statutory Authority: RCW 29.19.070. 96-03-141, recodified as § 434-219-080, filed 1/24/96, effective 2/24/96; 91-18-012, § 434-75-080, filed 8/26/91, effective 9/26/91.]


AMENDATORY SECTION(Amending WSR 96-03-141, filed 1/24/96, effective 2/24/96)

WAC 434-219-100   Verification of signatures by secretary of state.   Upon receipt of any nominating petition filed pursuant to WAC ((434-75-080)) 434-219-080, the secretary of state shall promptly canvass and verify the signatures in order to determine the validity of the petition. The secretary may reject, without verification of signatures, any petition that clearly bears insufficient signatures, any petition that is not accompanied by a consent to the nomination by the candidate, or any petition that is in a form inconsistent with the provisions of WAC ((434-75-090)) 434-219-090. To the extent that it is not inconsistent with other provisions of these rules, the canvass and verification process may be observed in the same manner as that specified in RCW 29.79.200 for the observation of the canvass and verification of initiative signatures. The secretary of state shall reject the signature of any person not registered to vote in Washington, and any multiple signatures from the same voter. No signature may be rejected solely on the basis that it is not accompanied by the address or precinct name or number of the signer.

[Statutory Authority: RCW 29.19.070. 96-03-141, recodified as § 434-219-100, filed 1/24/96, effective 2/24/96; 91-18-012, § 434-75-100, filed 8/26/91, effective 9/26/91.]


AMENDATORY SECTION(Amending WSR 96-03-141, filed 1/24/96, effective 2/24/96)

WAC 434-219-150   Ballot request form used at the polling place.   (1) The political party declaration provided under WAC ((434-75-140)) 434-219-140, when provided to a voter desiring to vote at a polling place, may appear on either:

     (a) A paper form of uniform size for each voter. The form shall identify the presidential primary, the major political party, and the date, and shall have space for the voter to sign his or her name and address. The voter's precinct shall be clearly indicated on the form. Multiple-part reproducible forms may be used for this purpose. The signed ballot request forms shall be collected by the precinct election officers and transmitted to the county auditor at the end of the voting day; or

     (b) A format printed in the poll book which would permit the voter to sign his or her name and address and to indicate his or her political party preference, if any; or

     (c) Separate poll books for each major political party distinct from the poll books for voters who do not subscribe to the declaration of any major political party.

     (2) The county auditor shall provide appropriate instructions for the precinct election officers regarding the handling, maintaining, and transportation of the political party declarations.

[Statutory Authority: RCW 29.19.070. 96-03-141, recodified as § 434-219-150, filed 1/24/96, effective 2/24/96; 91-18-012, § 434-75-150, filed 8/26/91, effective 9/26/91.]


AMENDATORY SECTION(Amending WSR 00-03-003, filed 1/6/00, effective 2/6/00)

WAC 434-219-160   Political party and unaffiliated ballots -- Arrangement.   Ballots for each major political party and unaffiliated ballots shall be provided as follows:

     (1) Where candidate names are listed on ((physically)) separate ballots, each ballot shall be identified by color and either the name of the political party or as an unaffiliated ballot. Each separate ballot shall contain a machine readable code to distinguish each ballot type within each precinct.

     (2) Where candidate names are listed on a consolidated ballot, they shall be ((printed)) presented in such a manner that each party's group of candidates is clearly distinguishable and identified by party name. The unaffiliated ballot may be listed in a separate listing or may be considered a combination of the party ballots. The order of the parties shall be the same as the order in which candidate names are listed on partisan general election ballots.

     At a polling place, each ballot must be coded so that only votes cast for candidates of the party matching the oath signed by the voter are counted.

     The code shall be a response position on the consolidated ballot identifying one of the major political parties or the unaffiliated status. Its purpose will be to exclude any vote cast on the ballot that does not correspond to the party or unaffiliated status indicated by the voter on the response position. The voter must mark or punch the appropriate response position corresponding to the oath or declaration on the absentee ballot return envelope. If the vote is cast at a polling place, the voter or precinct election official shall mark or punch the code. If the code is marked or punched by the voter, the precinct election official shall ensure that the code matches the oath or declaration as signed in the poll book. If a consolidated ballot is used in a mail ballot precinct or as an absentee ballot and a party/unaffiliated code is not used, each returning ballot must be segregated by oath and then subsequently inspected to ensure that only votes cast for candidates corresponding to the oath signed by the voter are counted.

[Statutory Authority: RCW 29.19.070. 00-03-003, § 434-219-160, filed 1/6/00, effective 2/6/00; 96-03-141, recodified as § 434-219-160, filed 1/24/96, effective 2/24/96; 91-18-012, § 434-75-160, filed 8/26/91, effective 9/26/91.]


AMENDATORY SECTION(Amending WSR 00-03-003, filed 1/6/00, effective 2/6/00)

WAC 434-219-170   Order of political parties.   Whenever political party declarations or ballots are printed on the same envelope, card, or sheet of paper, the party which polled the highest number of votes in the state for its candidate for president at the last preceding presidential election shall be listed first. The party which polled the next highest number of votes in the state for its candidate for president at the last preceding presidential election shall be listed second. Unaffiliated declarations shall be printed below political party declarations.

[Statutory Authority: RCW 29.19.070. 00-03-003, § 434-219-170, filed 1/6/00, effective 2/6/00.]


AMENDATORY SECTION(Amending WSR 00-03-003, filed 1/6/00, effective 2/6/00)

WAC 434-219-180   Ballots -- Arrangement of names -- Instructions.   (1) The unaffiliated ballot shall contain the names of all of the candidates certified by the secretary of state under WAC 434-219-120 listed alphabetically under the designation of the office (president of the United States) together with any other issues being submitted to the voters at special elections held in conjunction with the presidential primary.

     (2) The political party ballots shall contain the names of all of the candidates certified by the secretary of state under WAC 434-219-120 for that party's nomination listed alphabetically under the designation of the office (president of the United States) together with any other issues being submitted to the voters at special elections held in conjunction with the presidential primary.

     (3) Provision for the voter to write-in the name of another candidate shall be provided on each ((physically)) separate ballot or for each party's office on a consolidated ballot. The names of candidates on the presidential primary ballot shall not be rotated.

     (4) The ballot shall contain instructions to the voters in substantially the following form:


     "If you vote for more than one candidate for this office, your vote in the presidential primary will not be counted."


     The instructions shall be printed large enough to be easily read by the voter.

     (5) Ballots for each political party and unaffiliated ballots shall be differentiated by color except when using a consolidated ballot.

[Statutory Authority: RCW 29.19.070. 00-03-003, § 434-219-180, filed 1/6/00, effective 2/6/00; 96-03-141, recodified as § 434-219-180, filed 1/24/96, effective 2/24/96; 91-18-012, § 434-75-180, filed 8/26/91, effective 9/26/91.]


AMENDATORY SECTION(Amending WSR 00-03-003, filed 1/6/00, effective 2/6/00)

WAC 434-219-185   Logic and accuracy test decks.   No later than fifteen days before the date of the presidential primary, the county auditor shall provide for the preparation of a test deck for logic and accuracy testing. No later than thirty days before the date of the presidential primary, the county auditor in consultation with the office of the secretary of state shall schedule a logic and accuracy test so that a representative of the office of the secretary of state can be present during the test. A representative of the secretary of state shall observe and certify that the test was conducted. Excluding the provisions in this chapter the procedures for the logic and accuracy test shall be conducted pursuant to the provisions of chapter 434-333 WAC and RCW 29.33.350.

[Statutory Authority: RCW 29.19.070. 00-03-003, § 434-219-185, filed 1/6/00, effective 2/6/00.]


AMENDATORY SECTION(Amending WSR 00-03-003, filed 1/6/00, effective 2/6/00)

WAC 434-219-210   Issuing absentee and polling place ballots.   (1) Polling place voters who do not make a political party declaration under WAC 434-219-140 shall be ((issued)) presented either an unaffiliated ballot, or a consolidated ballot coded as an unaffiliated ballot. Polling place voters who make a political party declaration under WAC 434-219-140 shall be ((issued)) presented either that party's ballot or a consolidated ballot coded to match their party oath.

     (2) Absentee ballot voters, except as provided in subsection (3) of this section if applicable, shall be issued all unaffiliated and political party ballots, either as ((physically)) separate ballots or as a consolidated ballot.

     (3) At the discretion of the county auditor, absentee ballots issued directly to the voter at the auditor's office may be issued in the same manner as polling place ballots provided that the voter marks, or verbally refuses to mark, the appropriate declaration on the return envelope prior to receiving the ballot.

[Statutory Authority: RCW 29.19.070. 00-03-003, § 434-219-210, filed 1/6/00, effective 2/6/00; 96-03-141, recodified as § 434-219-210, filed 1/24/96, effective 2/24/96; 91-18-012, § 434-75-210, filed 8/26/91, effective 9/26/91.]


AMENDATORY SECTION(Amending WSR 00-03-003, filed 1/6/00, effective 2/6/00)

WAC 434-219-220   Absentee ballots--Declarations--Instructions.   (1) The political party declaration and unaffiliated declaration provided under WAC 434-219-140 shall be printed on the return envelope below the absentee ballot oath provided under WAC 434-240-190. Each declaration shall be printed next to a box in which the voter ((may)) is instructed to make a mark to indicate to which declaration ((he or she)) they subscribe((s)). The date and signature lines in the absentee ballot oath shall also serve as the date and signature lines for the political party and unaffiliated declarations.

     (2) In addition to other instructions normally provided to absentee voters, the county auditor shall ensure that, whenever presidential primary ballots are issued, the voters are given specific instructions on how to mark their ballot so that it will be counted in accordance with the oath they signed on the return envelope. Instructions shall also be provided to the voter on the correct method for writing in a candidate's name on the ballot.

[Statutory Authority: RCW 29.19.070. 00-03-003, § 434-219-220, filed 1/6/00, effective 2/6/00; 96-03-141, recodified as § 434-219-220, filed 1/24/96, effective 2/24/96; 91-18-012, § 434-75-220, filed 8/26/91, effective 9/26/91.]


AMENDATORY SECTION(Amending WSR 00-03-003, filed 1/6/00, effective 2/6/00)

WAC 434-219-230   Segregation of absentee ballots.   Absentee ballots must be segregated according to major party declaration choice before they are removed from the return envelopes. The number of ballots in each segregated group shall be recorded on a ballot accountability form at each step of the absentee ballot canvassing process. ((If consolidated absentee ballots are used, they shall be processed in the manner provided by either WAC 434-219-160(2) or, if a party/unaffiliated ballot code is used, by WAC 434-219-165 if applicable.))

[Statutory Authority: RCW 29.19.070. 00-03-003, § 434-219-230, filed 1/6/00, effective 2/6/00; 96-03-141, recodified as § 434-219-230, filed 1/24/96, effective 2/24/96; 91-18-012, § 434-75-230, filed 8/26/91, effective 9/26/91.]


AMENDATORY SECTION(Amending WSR 00-03-003, filed 1/6/00, effective 2/6/00)

WAC 434-219-250   Tabulation of ballots.   (1) Any voter who ((signs)) selects a party oath and votes for a candidate certified by the secretary of state for that party shall have that vote tabulated as a political party vote, regardless upon which ballot that vote is cast.

     (2) Any voter who ((signs)) selects the unaffiliated oath, ((or who does not sign an oath at all,)) shall have that vote tabulated as an unaffiliated vote, regardless upon which ballot that vote is cast.

     (3) Any voter who ((signs)) selects a party oath and then votes for a candidate certified by the secretary of state for a different party shall not have that vote tabulated.

     (4) If the voter does not select an oath, then no vote for president shall be tabulated.

     (5) Votes shall be tabulated in accordance with the oath selected regardless of which ballot upon which the vote is recorded.

[Statutory Authority: RCW 29.19.070. 00-03-003, § 434-219-250, filed 1/6/00, effective 2/6/00; 96-03-141, recodified as § 434-219-250, filed 1/24/96, effective 2/24/96; 92-08-032, § 434-75-250, filed 3/24/92, effective 4/1/92; 91-18-012, § 434-75-250, filed 8/26/91, effective 9/26/91.]


AMENDATORY SECTION(Amending WSR 00-03-003, filed 1/6/00, effective 2/6/00)

WAC 434-219-280   Votes not tabulated.   In addition to WAC 434-219-255, the county auditor shall not tabulate votes in the presidential primary in the following cases:

     (1) Where the voter has attempted to vote ((more than once for that office)) for more than one candidate on the same political party or unaffiliated ballot;

     (2) Where the voter has voted ((for candidates of more than one political party)) on more than one political party or unaffiliated ballot, in which case ((all such votes)) any vote cast on a ballot not matching the oath signed by the voter shall be rejected;

     (((3) Where a write-in vote is made for a person who has declined the nomination as provided by WAC 434-75-070;

     (4) Where the person issued a special or challenged ballot does not otherwise satisfy the constitutional or statutory requirements for voting;

     (5) Where the voter has signed a political party oath and then cast a vote other than a write-in vote for a candidate whose name appears on a different party's ballot.))

     In those instances where the auditor is not sure whether a ballot or part of a ballot should be counted, he or she shall refer that ballot to the county canvassing board for their determination.

[Statutory Authority: RCW 29.19.070. 00-03-003, § 434-219-280, filed 1/6/00, effective 2/6/00; 96-03-141, recodified as § 434-219-280, filed 1/24/96, effective 2/24/96; 91-18-012, § 434-75-280, filed 8/26/91, effective 9/26/91.]


AMENDATORY SECTION(Amending WSR 00-03-003, filed 1/6/00, effective 2/6/00)

WAC 434-219-290   Canvassing and certification of presidential primary.   County canvassing boards shall certify the results of the presidential primary including ((totals for all)) the total number of write-in votes cast, by congressional and legislative districts, not later than the tenth day following the primary. ((No later than the twentieth day following the primary, county canvassing boards shall certify totals for all valid write-in votes cast for each candidate and the total of all write-in votes not tabulated, by congressional and legislative districts.)) The county auditor shall send one original copy of the returns by mail to the secretary of state on the same day the returns are certified. Wherever applicable, the other procedures established by chapter 29.62 RCW for the canvassing of state primaries shall apply to the canvassing of a presidential primary. Not later than the thirtieth day following the presidential primary, the secretary of state shall notify the candidates and the chairperson of the national and state committees of each major political party of the votes cast for each candidate listed on the ballot and of the write-in votes cast for any qualified write-in candidates.

[Statutory Authority: RCW 29.19.070. 00-03-003, § 434-219-290, filed 1/6/00, effective 2/6/00; 96-03-141, recodified as § 434-219-290, filed 1/24/96, effective 2/24/96; 91-18-012, § 434-75-290, filed 8/26/91, effective 9/26/91.]


AMENDATORY SECTION(Amending WSR 96-03-141, filed 1/24/96, effective 2/24/96)

WAC 434-219-340   Claims for reimbursement.   Following the presidential primary, each county auditor shall provide to the secretary of state a completed claim for reimbursement of expenses incurred by the county in conducting the primary. This cost shall be prorated with any other jurisdictions holding special elections in conjunction with the primary under RCW 29.13.045. The procedures for allocating such costs shall be the same as those prescribed by the office of the state auditor for election cost allocations to the state, cities, towns, and special purpose districts. Claims for reimbursement and supporting documents shall be submitted to the secretary of state not later than sixty days following the certification of the returns of the presidential primary by the secretary of state.

[Statutory Authority: RCW 29.19.070. 96-03-141, recodified as § 434-219-340, filed 1/24/96, effective 2/24/96; 91-18-012, § 434-75-340, filed 8/26/91, effective 9/26/91.]

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