WSR 04-15-081

EMERGENCY RULES

SECRETARY OF STATE


[ Filed July 14, 2004, 2:44 p.m. , effective July 14, 2004 ]


     

     Purpose: Implement ESB 6453.

     Citation of Existing Rules Affected by this Order: Amending WAC 434-215-020, 434-230-030, 434-230-160, 434-230-170, 434-253-020, and 434-262-150.

     Statutory Authority for Adoption: Section 151, chapter 217, Laws of 2004.

     Under RCW 34.05.350 the agency for good cause finds that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.

     Reasons for this Finding: The primary election is scheduled for September 14, 2004. There is not time to adopt permanent rules in time for counties to prepare for the primary.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 12, Amended 6, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 12, Amended 6, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

     Date Adopted: July 14, 2004.

Steve Excell

Assistant Secretary of State

Chapter 434-220 WAC

Partisan Primaries
NEW SECTION
WAC 434-220-010   Partisan primaries.   This chapter is limited in application to the conduct of partisan primaries and non-partisan primaries held in conjunction with partisan primaries.

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NEW SECTION
WAC 434-220-020   Definitions.   As used in this chapter:

     (1) "Check-off box" means a voter response position on a consolidated ballot where a voter who desires to participate in a partisan primary must indicate major party affiliation;

     (2) "Party Affiliation" means

     (a) On a consolidated ballot, a voter selecting a major political party in a manner consistent with the type of voting system used or, with physically separate ballots, voting a major political party's ballot;

     (b) For a write-in candidate, filing as a write-in candidate for a major political party.

     (3) "Consolidated Ballot" is a single ballot on which the candidates for each political party are separate from the candidates for any other political party and which also includes non-partisan offices and issues, listed after the candidates of each political party.

     (a) In the case of a punchcard ballot where the candidates and issues are listed on a separate ballot guide, the ballot guide shall be considered part of the ballot.

     (b) In the case of a direct recording device, a consolidated ballot shall have a beginning screen which contains a check-off box for each of the major political parties. After the voter has affiliated by marking a checkbox, only the party ballot checked by the voter and the non-partisan ballot shall appear to the voter.

     (4) "Physically Separate Ballot" is a ballot specific to a single major political party, listing candidates for that major political party and including non-partisan offices and issues, or a ballot containing only non-partisan offices and issues.

     (a) In the case of a punchcard ballot where the candidates and issues are listed on a separate ballot guide or a consolidated ballot guide, the ballot guide shall be considered part of the ballot.

     (b) In the case of a direct recording device, separate ballots shall be issued by offering all ballot choices when the poll worker programs their ballot code, from which the voter shall choose one.

     (5) "Ballot instructions" are instructions to the voter explaining how to vote his or her ballot and must include, for partisan primaries, those instructions specified by Section 127 and 132, Chapter 271, Laws of 2004.

     (a) For optical scan and Datavote, voting instructions may be printed on the ballot itself or on the ballot stub. An instruction page may be considered a separate page of the ballot in which case page 1 of the ballot shall be the instruction page and the candidates and issues shall begin on page 2.

     (b) For punchcard ballots, voting instructions may be printed on the ballot itself, on the ballot stub that is removed from the ballot, or on the voting guide as additional instructions for the voter.

     (6) "Ballot Layout" means the manner or the format for which ballots are printed and the manner parties, candidates and issues are arranged on the ballot.

     (7) "Void," when applied to unvoted ballots means keeping them in the sealed container in which they were deposited during Election Day.

     (8) "Nonpartisan" means, as the context implies, judicial offices, other offices without a party label, or ballot issues.

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NEW SECTION
WAC 434-220-030   Ballot layout.   (1) If no major political party candidate has filed for a position, the position shall be printed on the appropriate party ballots(s) and provisions shall be made to accommodate a write-in vote for that office. If no candidates for any political party file for a precinct committee officer position, a single write-in spot may be used for all political parties.

     (2) County Auditors may use colored ballot stock, spot colors, shading or colored printing to assist the voter in distinguishing between party ballots or, in the case of a consolidated ballot, between party sections. The Secretary of State shall determine by lot the color for each political party ballot that must be used when using color to distinguish party ballots. Nothing in this section shall prohibit counties from using other means of differentiating ballot types or from using spot colors or printing in a single color on the ballot to assist in the sorting or handling of ballots or to help emphasize important instructions or sections of the ballot.

     (3) The political party abbreviation after each candidate's name may be eliminated if the ballot layout used clearly identifies the candidate's political party

     (4) A county may choose to use a combination of both consolidated and physically separate ballots for poll site, absentee, and mail ballots.

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     Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
NEW SECTION
WAC 434-220-040   Ballot layout -- Consolidated ballots.   In addition to the requirements listed in state law and administrative rule, the following provisions apply to the layout of consolidated ballots:

     (1) Party affiliation checkboxes shall be listed before the political party ballot sections. Parties shall be listed on the ballot as "Democratic", "Republican" and "Libertarian"

     (2) Column or section method for optical scan ballots: Candidates shall be listed in columns or sections, by major political party. It is permissible for party sections to span multiple columns to facilitate ballot arrangement. The next major party section shall begin where the last major party section ends, with a well-defined division between party sections. The non-partisan section shall appear at the end of the last major party section.

     (3) With punch card ballots, separate columns shall be used for each political party and non-partisan section. At the poll site, clearly defined ballot pages or other means of segregation shall be used to clearly separate the listing of candidates by party.

     (4) Ballot instructions shall include the following:

     (a) A definition of nonpartisan.

     (b) Instructions, as required by Section 127 and 132, Chapter 271, Laws of 2004, printed in substantially the following form:

     "This ballot contains major political party candidates, non-partisan candidates, and issues. You may vote for only one political party's candidates and any non-partisan offices and issues by:

- Selecting one political party, which also entitles you to vote on all non-partisan offices and issues on the ballot. If you do not select one party or if you select more than one party, your votes for candidates for partisan offices will not be counted.
- Voting for only that party's candidates. Votes for another party's candidates will not count.
- Voting for non-partisan offices and issues. These votes will be counted, even if you do not mark a political party."
     (Insert instructions here on how to mark the ballot, including write-in votes.)

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NEW SECTION
WAC 434-220-050   Ballot layout -- Physically separate ballots.   (1) Separate ballots shall be produced for each major political party. Each ballot shall list only candidates that are specific to that major political party first, then all non-partisan offices and issues. A separate ballot containing only non-partisan offices and issues must also be produced.

     (2) All ballots shall be issued to each voter, both at the poll site and to voters voting by mail.

     (3) Absentee voters shall be instructed to vote and return only one ballot.

     (4) Each ballot shall have the name of the political party or "Non-Partisan", printed on the ballot. Party names shall be printed on the separate ballots as "Democratic", "Republican", or "Libertarian". Additional explanations or labels may be added.

     (5) If color is used to distinguish punch card ballots, the appropriate ballot pages in the poll site must also be the corresponding color.

     (6) Punch card systems must pre-punch each party ballot to ensure that votes are counted for only one party's candidates.

     (7) In the case of punch card systems if separate ballot cards are provided for each ballot, they shall be considered "separate ballots." Punch card ballot guides maybe consolidated into one guide. In this case, the party and nonpartisan ballots shall be printed in the same manner as consolidated ballots

     (8) Ballot instructions shall be printed on the ballot and shall include the following:

     (a) A definition of a "Nonpartisan Ballot."

     (b) Language advising voters that if they have voted for non-partisan candidates on one of the partisan ballots, they should return that ballot only and should NOT return the separate non-partisan ballot

     (c) Instructions, as required by Section 127 and 132, Chapter 271, Laws of 2004, printed in substantially the following form:

     "Separate ballots have been provided for each political party plus a nonpartisan ballot. You must choose only one ballot to vote. Though party affiliation is inferred by choosing a political party ballot, no record will be made of the ballot you choose. Only return one voted ballot and discard the remaining three. If you vote more than one political party ballot, none of your votes for political party candidates will count. You may vote a nonpartisan ballot, regardless of any party affiliation."

     (Insert instructions here on how to mark the ballot, including write-in votes.)

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NEW SECTION
WAC 434-220-060   Order of political parties.   The order of political parties for consolidated ballots and ballot guides, sample ballots, and notices of election shall be in the same manner as the order of candidates on the General Election Ballot (, as determined by RCW 29A.36.160, sub (2).

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     Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
NEW SECTION
WAC 434-220-070   Ballot programming -- Consolidated ballots.   (1) Before a county may use a consolidated ballot format, the ballot counting program must achieve the following:

     (a) If a voter marks a check-off box for a major political party, only votes for that party may be counted; and

     (b) If a voter does not mark a check-off box for a major political party, no votes for a partisan office may be counted; and

     (c) If a voter marks two or more check off boxes, no votes for a partisan office may be counted.

     (d) In the case of direct recording devices, the voter must be able to select a ballot type on the first screen and have only the ballot selected appear to the voter.

     (2) If an optical scan or punch card ballot counting program cannot use the check-off box to eliminate invalid votes for each of the situations listed above, all ballots must be inspected for those that cannot be read correctly. Improperly marked ballots shall be duplicated or enhanced to ensure that invalid votes are not counted. In the case of precinct ballot counters, ballots shall be inspected after they have been returned from the polls. As part of the canvassing process, the county auditor shall take appropriate steps to amend the unofficial precinct count totals to reflect the correct count.

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NEW SECTION
WAC 434-220-080   Polling place procedures -- Physically separate ballots.   In the case of optical scan ballots, the poll workers shall give the voter a ballot for each major political party which also contains nonpartisan offices and issues and one ballot that only contains nonpartisan offices and issues. The County Auditor shall number the ballot stubs in a manner so that it cannot be determined which ballot was cast by the voter. The poll workers shall instruct the voter to choose one ballot to vote. The remaining three ballots must be deposited into a container secured with a numbered seal. The county auditor may have the voter select a single ballot and deposit the unselected ballots in the secure container prior to entering the voting booth or the selection may be done after the voter leaves the booth. Regardless of when the ballot selection is made, the Auditor shall ensure that only one ballot is deposited in the ballot box and the remaining ballots deposited into an 'unvoted ballots' container. The Auditor shall ensure that, wherever possible, the privacy of the ballot selection by the voter is maintained. Pursuant to the provisions of WAC 434-220-120, no record of the voter's choice shall be made. The ballot stub shall be removed and placed into the ballot stub envelope before the voted ballot is deposited into the ballot box.

     The sealed container with the unvoted ballots shall remain sealed and be returned to the county auditor with the supplies and voting materials.

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     Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
NEW SECTION
WAC 434-220-090   Spoiled ballots -- Physically separate ballots.   If a voter spoils one or more ballots and wishes to correct their error, the ballot(s) shall be returned to the poll worker and placed into the spoiled ballot envelope. The poll worker shall issue a new set of ballots, consisting of each major political party ballots and one non-partisan ballot. The ballot stub number shall be recorded in the poll book.

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NEW SECTION
WAC 434-220-100   Absentee and mail ballots -- Physically separate ballots.   All ballots shall be mailed to each absentee and mail ballot voter. The instructions included with these ballots shall instruct the voter to vote and return only one ballot and to destroy the remaining ballots.

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NEW SECTION
WAC 434-220-110   No records made at poll sites.   No record of the political party ballot selected by the voter shall be made by any person at the polling place. This prohibition includes poll workers, political observers and any other person who may be present while voting is taking place. The use of telephones, cameras, or recording devices to report, track, or monitor the ballot selection by voters is prohibited.

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AMENDATORY SECTION(Amending WSR 02-09-007, filed 4/4/02)

WAC 434-215-020   Declaration of candidacy -- Precinct committee officer.   Declarations of candidacy for the office of precinct committee officer, shall be filed in substantially the following form:
align="center"

DECLARATION OF CANDIDACY


State of Washington

County of . . . . . . . . . . . .

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ss.
     I, (Name as it will appear on ballot) , declare that I am a registered voter residing at (Street and Number or Rural Route) , (City or Town) , County of . . . . . . . . , state of ((Washington)) WA (Zip Code) , that, at the time of filing this declaration, I am a registered voter in . . . . . . . precinct and that I am legally qualified to assume office if elected; that I hereby declare myself a candidate for the office of precinct committee officer to be elected at the ((general)) . . . . . . . election to be held on the . . . . . . . . day of ((November)) . . . . . . . ((19)) 20. . . , and hereby request that my name be printed upon the official ((general)) . . . . . . . election ballots as a candidate of the . . . . . . . party, and:


     I accompany herewith the sum of . . . . . . . dollars, the fee required by law of me for becoming a candidate

AFFIDAVIT
     FURTHER, I declare, under penalty of perjury, that I will support the Constitution and laws of the United States and the Constitution and laws of the state of Washington.

. . . . . . . . . . . .
(Signature of candidate)


The forms shall measure eight and one-half inches by eleven inches and be printed on paper stock of good quality. The form shall also contain space for recording the date and time of filing, a receipt number, if applicable, and a sequential filing number. County auditors may design and use a declaration of candidacy different in form and style from that specified by this rule as long as it contains all of the information required by this rule.

[02-09-007, recodified as § 434-215-020, filed 4/4/02, effective 4/4/02. Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 97-21-045, recodified as § 434-228-020, filed 10/13/97, effective 11/13/97. Statutory Authority: 1990 c 59. 92-12-083, § 434-28-020, filed 6/2/92, effective 7/3/92. Statutory Authority: RCW 29.04.080. 84-15-050 (Order 84-2), § 434-28-020, filed 7/16/84; Order 75-1, § 434-28-020, filed 6/26/75.]

     Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.
AMENDATORY SECTION(Amending WSR 98-03-033, filed 1/13/98)

WAC 434-230-030   Placement of ballot measures for local units of government.   All county-wide ballot measures shall be listed immediately following state measures or issues. In the absence of state measures or issues, county-wide ballot measures shall appear first on all sample ballots and on all ballots. If a county-wide ballot measure is to appear on a partisan primary ballot, it shall appear first on the nonpartisan ballot or nonpartisan section of the consolidated ballot. For other local ballot measures and offices, each county shall establish written procedures to determine the order in which local units of government are to be listed on the ballot. Such order of local governmental units shall be consistent on official, absentee, and sample ballots. The order may be determined by, but is not limited to the following: Size of jurisdictional area, alphabetical order by jurisdictional area, or such order as to provide for efficient use of ballot spacing and voting positions. Such procedures are to provide consistency from election to election within a county.

     Except for county-wide ballot measures, local ballot measures and offices, if any, may be positioned in the area dedicated for that jurisdiction; or, local ballot measures may be grouped in a separate area dedicated to special measures only. This may be an area on the ballot separate from the candidates of such local government unit.

[Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 98-03-033, § 434-230-030, filed 1/13/98, effective 2/13/98; 97-21-045, recodified as § 434-230-030, filed 10/13/97, effective 11/13/97. Statutory Authority: RCW 29.04.080 and 29.04.210. 92-10-038, § 434-30-030, filed 5/4/92, effective 6/4/92.]


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

WAC 434-230-160   Electronic voting device instructions.   The ballot shall identify the type of primary or election, the county, and the date of the primary or election. Prominently displayed in the voting booth or on the ballot shall appear instructions directing the voter how to operate the voting device and correctly cast votes on issues and candidates, including write-in votes. The instructions shall read substantially as follows: To vote for a candidate or for or against a measure, punch or mark the voting position to the right of the measure or of the name of the person for whom you desire to vote. To vote for a person not on the ballot, write the title of the office, (if applicable), the name of the candidate, and party affiliation if for a partisan office, in the space provided ((on the ballot card or ballot envelope and punch or mark)) for such write-in position (if applicable).

     ((Absentee ballots shall be designated in such a manner as to clearly distinguish them from polling place ballots.))

[Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 98-03-033, § 434-230-160, filed 1/13/98, effective 2/13/98; 97-21-045, recodified as § 434-230-160, filed 10/13/97, effective 11/13/97. Statutory Authority: RCW 29.04.080 and 29.04.210. 92-10-038, § 434-30-160, filed 5/4/92, effective 6/4/92.]

     Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.

     Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION(Amending WSR 00-11-042, filed 5/11/00)

WAC 434-230-170   Electronic voting devices -- Ballot form.   Each office on the ballot shall be identified, along with a statement designating how many candidates are to be voted on for such office (e.g., vote for . . . . . , with the words, "one," "two," or a spelled number). The office term shall be included on the ballot if such term is other than a full term (e.g., short/full term, two-year unexpired term, etc.). Each office shall be listed on the ballot in the manner prescribed by law or administrative rule. Following the office designation the names of all candidates for that position shall be listed together with political party designation certified by the secretary of state as provided in RCW 29A.36.010 the word "nonpartisan," or "NP" as applicable. Each office listed on the ballot shall be separated by a bold line. In a year in which a President of the United States is to be elected, the names of all candidates for President and Vice-President for each party shall be grouped together((. Each group shall be enclosed in brackets)) with one vote response position for each party, where the voter may indicate their choice.

     Candidate names shall be printed in a type style and point size which is easily read. If a candidate's name exceeds the space provided, the election official shall take whatever steps necessary to place the name on the ballot in a manner which is readable. These steps may include using a smaller point size, a different type style, or setting the name in upper/lower case letters, rather than upper case, if appropriate.

     Each position, with the candidates running for that office, shall be clearly delineated from the following one by a bold line. Following each listing of candidates shall be a blank space for writing in the name of any candidate, if desired, on the ballot card, or a write-in space provided on the ballot envelope.

[Statutory Authority: RCW 29.04.210 and 29.30.020. 00-11-042, § 434-230-170, filed 5/11/00, effective 6/11/00. Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 97-21-045, recodified as § 434-230-170, filed 10/13/97, effective 11/13/97. Statutory Authority: RCW 29.04.080 and 29.04.210. 92-10-038, § 434-30-170, filed 5/4/92, effective 6/4/92.]

     Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.
AMENDATORY SECTION(Amending WSR 97-21-045, filed 10/13/97)

WAC 434-253-020   Election supplies -- Polling place.   Polling places shall be provided, at a minimum, with the following supplies at every election:

     (1) Precinct list of registered voters or a poll book, which shall include suitable means to record the signature and address of the voter;

     (2) Inspector's poll book;

     (3) Required oaths/certificates for inspectors and judges;

     (4) Sufficient number of ballots as determined by election officer;

     (5) Ballot containers;

     (6) United States flag;

     (7) Instruction signs for voters; including how to cast a ballot;

     (8) Challenge/provisional ballot envelopes;

     (9) Cancellation cards due to death;

     (10) Voting equipment instructions;

     (11) Procedure guidelines for inspectors and judges and/or precinct election officer guidebooks;

     (12) Keys and/or extra seals;

     (13) Pay voucher;

     (14) Ballots stub envelope;

     (15) Emergency plan of action((.));

     (16) Sample ballot, posted at the poll site;

     (17) HAVA voter information poster, posted at the poll site;

     (18) Voter registration forms, posted at the poll site;

     (19) For partisan primaries in counties using physically separate ballots, a container with a numbered seal for the voter to place their unvoted ballots.

[Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 97-21-045, recodified as § 434-253-020, filed 10/13/97, effective 11/13/97. Statutory Authority: 1990 c 59. 92-12-083, § 434-53-020, filed 6/2/92, effective 7/3/92.]

     Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.

     Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION(Amending WSR 02-07-029, filed 3/12/02)

WAC 434-262-150   Rejection of ballots or parts of ballots.   Ballots or parts of ballots shall be rejected by the canvassing board in the following instances:

     (1) Where two voted ballots are found folded together, or where a voter has voted more than one ballot;

     (2) Where two ballots are contained within a returned mail ballot envelope containing only one valid signature under the affidavit, unless both ballots are voted identically, in which case one ballot will be counted. If there are two valid signatures under the affidavit, both ballots must be counted;

     (3) Where a ballot or parts of a ballot are marked in such a way that it is not possible to determine voter's intent;

     (4) Where the voter has voted for candidates or issues for whom he or she is not entitled to vote;

     (5) Where the voter has voted for more candidates for an office than are permissible;

     (6) Where the voter has incorrectly attempted to correct a vote on the ballot contrary to the instructions provided pursuant to WAC 434-240-200 unless the voter provides written instructions directing how the vote should be counted or the voter has clearly attempted to erase an error.

     (7) In addition to the above, in a partisan primary:

     (a) Physically separate ballots:

     (i) A log shall be kept of all voted ballots rejected and included as part of the county canvassing board minutes.

     (ii) When a voted nonpartisan ballot and a voted party ballot are both returned and the nonpartisan section of the party ballot was not voted, votes from the voted non-partisan ballot shall be duplicated onto the party ballot. The party ballot shall be counted and the nonpartisan ballot shall be rejected.

     (iii) When a party ballot and nonpartisan ballot both have been returned with the nonpartisan offices and issues voted on both ballots, only the party ballot, including the votes cast for non-partisan candidates and issues, shall be counted and the non-partisan ballot is rejected.

     (iv) Write-in votes for a partisan candidate on a non-partisan ballot shall not be counted in the final write-in tally.

     (v) Write-in votes for a partisan candidate who has not filed a write-in declaration of candidacy, thereby affiliating with a major party, shall not be counted in the final write-in tally.

     (vi) If physically separate ballots are used and a voter returns more than one voted partisan ballot, no votes cast for candidates for partisan office shall be counted. If votes are cast for non-partisan offices and/or issues on only one of the partisan ballots, those votes shall be counted. If votes are cast for non-partisan offices and/or issues on more than one party ballot, only those votes which are the same on each ballot shall be duplicated onto a nonpartisan ballot and counted.

     (vii) If more than one ballot is returned but only one ballot is voted, the voted ballot shall be counted.

     (b) Consolidated ballots

     (i) When voting a consolidated ballot, if the voter does not mark the party check-off box, votes cast for candidates for partisan office shall not be counted but votes cast on the nonpartisan portion of the ballot shall be counted.

     (ii) Write-in votes for a partisan candidate in a partisan office on a non-partisan ballot shall not be counted in the final write-in tally.

     (iii) Write-in votes for a partisan candidate who has not filed a write-in declaration of candidacy shall not be counted in the final write-in tally.

     (iv) If the voter marks one party check-off box, only those votes for candidates of that party shall count. Votes cast for candidates of other political parties shall not be counted and do not cause over-votes for races where the voter has also voted for a candidate of the party they have selected for partisan offices.

     Additionally, the canvassing board shall reject any ballot cast by a voter not qualified to vote, and shall reject absentee ballots where such rejection is required by law or administrative rule.

[Statutory Authority: RCW 29.04.210, 29.36.150. 02-07-029, § 434-262-150, 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 § 434-262-150, filed 10/13/97, effective 11/13/97. Statutory Authority: 1990 c 59. 92-12-083, § 434-62-150, filed 6/2/92, effective 7/3/92.]


NEW SECTION
WAC 434-220-210   Partisan primary recounts.   When a recount is requested or mandatory under RCW 29A.64 in a partisan office, the recount shall only apply to the candidates of the affected political party. Votes for the same office of other political parties shall not be recounted.

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