WSR 16-07-107
PROPOSED RULES
SECRETARY OF STATE
[Filed March 18, 2016, 2:40 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 15-24-002.
Title of Rule and Other Identifying Information: Elections.
Hearing Location(s): Office of the Secretary of State, Elections Division, 520 East Union Avenue, Olympia, WA 98501, on April 26, 2016, at 2 p.m.
Date of Intended Adoption: May 6, 2016.
Submit Written Comments to: Sheryl Moss, C & T Program Manager, P.O. Box 40220, Olympia, WA 98504, e-mail Sheryl.moss@sos.wa.gov, fax (360) 902-4146, by April 25, 2016.
Assistance for Persons with Disabilities: Contact Sheryl Moss by April 25, 2016, (360) 902-4146.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Rule changes are necessary to reflect recent legislative changes, and to update and clarify procedures.
Reasons Supporting Proposal: Updating rules to reflect updated procedures and clarify policies.
Statutory Authority for Adoption: RCW 29A.04.611 and 29A.04.620.
Statute Being Implemented: Title 29A RCW.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Office of the secretary of state, governmental.
Name of Agency Personnel Responsible for Drafting and Implementation: Sheryl Moss, P.O. Box 40220, Olympia, WA 98504, (360) 902-4146; and Enforcement: Lori Augino, P.O. Box 40220, Olympia, WA 98504, (360) 902-4146.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Not applicable.
A cost-benefit analysis is not required under RCW 34.05.328. Not applicable.
March 18, 2016
Mark Neary
Assistant Secretary of State
AMENDATORY SECTION (Amending WSR 10-03-072, filed 1/18/10, effective 2/18/10)
WAC 434-215-012 Declaration of candidacy.
Declarations of candidacy filed either in person or by mail shall be in substantially the following form:
(( 
 
)) 
 
The filing officer must provide a paper or electronic copy of the filed declaration of candidacy to the candidate and to the public disclosure commission.
NEW SECTION
WAC 434-215-015 Write-in declaration of candidacy.
Declarations of candidacy filed either in person or by mail shall be in substantially the following form:
 
AMENDATORY SECTION (Amending WSR 15-24-001, filed 11/18/15, effective 12/19/15)
WAC 434-230-015 Ballots and instructions.
(1) Each ballot shall specify the county, the date, and whether the election is a primary, special or general.
(2) Each ballot must include instructions directing the voter how to mark the ballot, including write-in votes if candidate races appear on the ballot.
(3) Instructions that accompany a ballot must:
(a) Instruct the voter how to cancel a vote by drawing a line through the text of the candidate's name or ballot measure response;
(b) Notify the voter that, unless specifically allowed by law, more than one vote for an office or ballot measure will be an overvote and no votes for that office or ballot measure will be counted;
(c) Explain how to complete and sign the ballot declaration. The following declaration must accompany the ballot:
"I do solemnly swear or affirm under penalty of perjury that I am:
A citizen of the United States;
A legal resident of the state of Washington;
At least 18 years old on election day;
Voting only once in this election;
Not under the authority of the Department of Corrections for a Washington felony conviction; and
Not disqualified from voting due to a court order.
It is illegal to forge a signature or cast another person's ballot. Attempting to vote when not qualified, attempting to vote more than once, or falsely signing this declaration is a felony punishable by a maximum imprisonment of five years, a maximum fine of $10,000, or both."
The declaration must include space for the voter to sign and date the declaration, for the voter to write his or her phone number, and for two witnesses to sign if the voter is unable to sign.
(d) Explain how to make a mark, witnessed by two other people, if unable to sign the declaration;
(e) Explain how to place the ballot in the security envelope and place the security envelope in the return envelope;
(f) Explain how to obtain a replacement ballot if the original ballot is destroyed, spoiled, or lost;
(g) If applicable, explain that postage is required, or exactly how much postage is required. See WAC 434-250-200 on return postage;
(h) Explain that, in order for the ballot to be counted, it must be either postmarked no later than election day or deposited at a ballot drop box no later than 8:00 p.m. election day;
(i) Explain how to learn about the locations, hours, and services of voting centers and ballot drop boxes, including the availability of accessible voting equipment;
(j) Include, for a primary election that includes a partisan office other than a presidential primary race, a notice on an insert explaining:
"In each race, you may vote for any one candidate listed. The two candidates who receive the most votes in the primary will advance to the general election.
Each candidate for partisan office may state a political party that he or she prefers. A candidate's preference does not imply that the candidate is nominated or endorsed by the party, or that the party approves of or associates with that candidate."
(k)(i) Include, for a general election that includes a partisan office, the following explanation:
"If a primary election was held for an office, the two candidates who received the most votes in the primary advanced to the general election.
Each candidate for partisan office may state a political party that he or she prefers. A candidate's preference does not imply that the candidate is nominated or endorsed by the party, or that the party approves of or associates with that candidate."
(ii) In a year that president and vice-president appear on the general election ballot, the following must be added to the statement required by (k)(i) of this subsection:
"The election for president and vice-president is different. Candidates for president and vice-president are the official nominees of their political party."
(4) Instructions that accompany a special absentee ballot authorized by RCW 29A.40.050 must also explain that the voter may request and subsequently vote a regular ballot, and that if the regular ballot is received by the county auditor, the regular ballot will be tabulated and the special absentee ballot will be voided.
(5) Each ballot must explain, either in the general instructions or in the heading of each race, the number of candidates for whom the voter may vote (e.g., "vote for one").
(6)(a) If the ballot includes a partisan office other than a presidential primary race, the ballot must include the following notice in bold print immediately above the first partisan congressional, state or county office: "READ: Each candidate for partisan office may state a political party that he or she prefers. A candidate's preference does not imply that the candidate is nominated or endorsed by the party, or that the party approves of or associates with that candidate."
(b) When the race for president and vice-president appears on a general election ballot, instead of the notice required by (a) of this subsection, the ballot must include the following notice in bold print after president and vice-president but immediately above the first partisan congressional, state or county office: "READ: Each candidate for president and vice-president is the official nominee of a political party. For other partisan offices, each candidate may state a political party that he or she prefers. A candidate's preference does not imply that the candidate is nominated or endorsed by the party, or that the party approves of or associates with that candidate."
(c) The same notice may also be listed in the ballot instructions.
(7) Counties may use varying sizes and colors of ballots, provided such size and color is used consistently throughout a region, area or jurisdiction (e.g., legislative district, commissioner district, school district, etc.). Varying color and size may also be used to designate various types of ballots.
(8) Ballots shall be formatted as provided in RCW 29A.36.170.
(9) Removable stubs are not considered part of the ballot.
(10) If ballots are printed with sequential numbers or other sequential identifiers, the county auditor must take steps to prevent ballots from being issued sequentially, in order to protect secrecy of the ballot.
AMENDATORY SECTION (Amending WSR 14-06-040, filed 2/26/14, effective 3/29/14)
WAC 434-230-045 Candidate format.
(1) For each office or position, the names of all candidates shall be listed together. If the office is on the primary election ballot, no candidates skip the primary and advance directly to the general election.
(2)(a) On the primary election ballot, candidates shall be listed in the order determined by lot.
(b) On the general election ballot, the candidate who received the highest number of votes in the primary shall be listed first, and the candidate who received the second highest number of votes in the primary shall be listed second. If the two candidates who received the most votes in the primary received exactly the same number of votes, the order in which their names are listed on the general election ballot shall be determined by lot.
(c) The political party that each candidate prefers is irrelevant to the order in which the candidates appear on the ballot.
(3) Candidate names shall be printed in a type style and point size that can be read easily. 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, but are not limited to, printing a smaller point size or different type style.
(4) For partisan office:
(a) If the candidate stated his or her preference for a political party on the declaration of candidacy, that preference shall be printed below the candidate's name, with parentheses and the first letter of each word or abbreviation capitalized((, as shown in the following example)). Acronyms shall be printed in all capital letters with or without periods. For example:
John Smith
(Prefers Example Party)
John Smith
(Prefers ABC Party)
(b) If the candidate did not state his or her preference for a political party, that information shall be printed below the candidate's name, with parentheses and the first letter of each word capitalized, as shown in the following example:
John Smith
(States No Party Preference)
(c) The party preference line for each candidate may be in smaller point size or indented.
(d) The same party preference information shall be printed on both primary and general election ballots.
(5) If the office is nonpartisan, only the candidate's name shall appear. Neither "nonpartisan" nor "NP" shall be printed with each candidate's name.
(6) The law does not allow nominations or endorsements by interest groups, political action committees, political parties, labor unions, editorial boards, or other private organizations to be printed on the ballot.
AMENDATORY SECTION (Amending WSR 14-06-040, filed 2/26/14, effective 3/29/14)
WAC 434-250-105 Voting centers.
(1) If a location offers replacement ballots, provisional ballots, or voting on a direct recording electronic device, it is considered a voting center. The requirements for staffed ballot deposit sites apply to voting centers. Each voting center must:
(a) Be an accessible location. "Accessible" means the combination of factors which create an environment free of barriers to the mobility or functioning of voters. The environment consists of the routes of travel to and through the buildings or facilities used for voting. The Americans with Disabilities Act Checklist for Polling Places shall be used when determining the accessibility of a voting center. A voting center is fully accessible if all responses in each category are "Yes";
(b) Be marked with signage outside the building indicating the location as a place for voting;
(c) Issue ballots that include a declaration in the ballot materials;
(d) Offer disability access voting in a location or manner that provides for voter privacy. For each voting center, the county auditor must have a contingency plan to accommodate accessible voting in the event that an accessible voting unit malfunctions or must be removed from service;
(e) Offer provisional ballots, which may be sample ballots that meet provisional ballot requirements;
(f) Have electronic or telephonic access to the voter registration system, consistent with WAC 434-250-095, if the voting center offers voting on a direct recording electronic voting device. The county auditor shall require the voter to print and sign the ballot declaration provided in WAC 434-230-015. Ballot declaration signatures may not be maintained in the order in which they were signed. Before the voter may vote on a direct recording electronic voting device, the county auditor must either:
(i) Verify the signature on the ballot declaration against the signature in the voter registration record; or
(ii) Require the voter to provide photo identification, consistent with RCW 29A.40.160;
(g) Provide either a voters' pamphlet or sample ballots;
(h) Provide voter registration forms;
(i) Display a HAVA voter information poster, containing an example of an actual ballot or a sample ballot in substantially the same format as an actual ballot;
(j) Display the date of that election;
(k) During a primary that includes a partisan office, display the notice provided in WAC 434-230-015 (3)(j), and during a general election that includes a partisan office, display the notice provided in WAC 434-230-015 (3)(k). The party preference notices may also be posted on-screen in direct recording electronic voting devices;
(l) Provide instructions on how to properly mark the ballot; and
(m) Provide election materials in alternative languages if required by the Voting Rights Act.
(2) Where it appears that a particular voter is having difficulty casting his/her vote, and as a result, is impeding other voters from voting, the staff may provide assistance to that voter in the same manner as provided by law for those voters who request assistance. Where it appears that a voter is impeding other voters from voting to simply cause delay, the staff shall ask the voter to expedite the voting process. In the event the voter refuses to cooperate, the staff shall, whenever practical, contact the county auditor, who may request assistance from the appropriate law enforcement agencies if he or she deems such action necessary.
(3) At exactly 8:00 p.m. on election day, all ballot boxes must be emptied or secured to prevent the deposit of additional ballots; however, any voter who is in a voting center or in line at a voting center at 8:00 p.m. must be allowed to vote and deposit his or her ballot. Voted ballots, including provisional, mail-in, and direct recording electronic and paper records, must be placed into secured transport carriers for return to the county auditor's office or another designated location.
AMENDATORY SECTION (Amending WSR 14-06-040, filed 2/26/14, effective 3/29/14)
WAC 434-250-200 Return postage.
The ((Mailing Standards of the)) United States Postal Service((,)) Domestic Mail Manual((,)) requires each county auditor to include on the ballot, ballot instructions, mailing instructions, or return envelope((, and)) the specific amount of first-class postage necessary to return the ballot by mail. This is not required:
(1) For ballots issued to service and overseas voters;
(2) For ballots returned using the business reply mail service;
(3) For ballots returned with postage prepaid by stamps, meter, or permit reply mail; or
(4) If the county auditor has an account with the post office guaranteeing payment of return postage due.
AMENDATORY SECTION (Amending WSR 11-24-064, filed 12/6/11, effective 1/6/12)
WAC 434-261-020 Political party observers.
Counting center operations shall be observed by at least one representative from each political party, if representatives have been appointed by the respective political parties and those representatives are present while the counting center is in operation.
Prior to ((the)) processing ballots for a primary or election, the county auditor shall ((determine the number of observers required in order to observe all aspects of the counting center proceedings, and shall request, in writing, that each major political party appoint representatives to fill the requirements)) notify the major political parties in writing of the maximum number of official observers allowed to observe ballot processing and the date ballot processing begins. Where more than one observer is ((to be)) appointed, the political party shall designate one of ((their)) the observers as supervisor. The county auditor may require observers to receive training with respect to ballot processing procedures and the vote tallying system.
Before final assignment as observers, major political party representatives so appointed shall be reviewed by the county auditor, who may refuse to approve any person so appointed. In the event the auditor rejects a person designated, he or she shall promptly notify the political party concerned and request that a substitute observer be appointed, and shall ensure that the substitute observer is trained.
Representatives of the major political parties appointed as observers shall be identified by roster, including assigned observer stations if more than one in the counting center, and by identification tags which will indicate the observer's name and the party represented.
AMENDATORY SECTION (Amending WSR 12-14-074, filed 7/2/12, effective 8/2/12)
WAC 434-261-050 Unsigned ballot declaration or mismatched signatures.
(1) If a voter neglects to sign a ballot declaration, signs with a mark and fails to have two witnesses attest to the signature, or signs but the signature on the ballot declaration does not match the signature on the voter registration record, the county auditor shall notify the voter by first class mail of the correct procedures for curing the signature. If the ballot is received during the last three business days before the final meeting of the canvassing board, or the voter has been notified by first class mail and has not responded by the last three business days before the final meeting of the canvassing board, the county auditor must attempt to notify the voter by telephone using information in the voter registration record.
(2) If the voter neglects to sign, or signs with a mark and fails to have two witnesses attest to the signature, the voter must either:
(a) Appear in person and sign the declaration no later than the day before certification of the primary or election; or
(b) Sign a copy of the declaration, or mark the declaration in front of two witnesses, and return it to the county auditor no later than the day before certification of the primary or election.
(3) If the signature on the declaration does not match the signature on the voter registration record, the voter must either:
(a) Appear in person and sign a new registration form no later than the day before certification of the primary or election. The updated signature provided on the registration form becomes the signature in the voter registration record for the current election and future elections; or
(b) Sign a signature update form that includes both the ballot declaration required by WAC 434-230-015 and the voter registration oath required by RCW 29A.08.230, and return it to the county auditor no later than the day before certification of the primary or election. The signature on the signature update form must match the signature on the returned ballot declaration. The signature provided on the signature update form becomes the signature in the voter registration record for the current election and future elections.
(4)(a) If the signature on the declaration does not match the signature on the registration record because the last name is different, the ballot may be counted as long as the first name and handwriting are clearly the same. If it appears that the voter has changed his or her name, and the information required under RCW 29A.08.440 to complete a name change is not provided or is illegible, the county auditor shall send the voter a change-of-name form under RCW 29A.08.440 and direct the voter to complete the form.
(b) If the signature on the ballot declaration does not match the signature on the registration record because the voter signed with a middle name, nickname, or initials, the ballot may be counted as long as the last name and handwriting are clearly the same.
(5) If the name on the signature does not match the printed name, and the signature on the ballot declaration does not match the signature on the voter registration record, because the ballot was signed by another registered voter, the ballot may be counted for the registered voter who actually signed the ballot declaration if:
(a) The voter who signed the declaration can be identified;
(b) The signature on the declaration matches the signature on the voter registration record; and
(c) The voter who signed the declaration has not returned another ballot.
(d) A ballot signed by power of attorney, signature stamp, another voter who has already voted, or signed by another voter with an unreadable signature is considered an unsigned ballot. This procedure does not prevent the reference of the ballot to the prosecuting attorney for investigation.
The county auditor may only count the races and measures for which the voter who signed the declaration is eligible to vote.
(6) If it is determined that the signature on a ballot declaration does not match the signature on the registration record and, prior to 8:00 p.m. on election day, the registered voter asserts that the signature on the ballot declaration is not his or her signature, the voter may be provided the opportunity to vote a replacement ballot.
(7) A voter may not cure a missing or mismatched signature for purposes of counting the ballot in a recount.
(8) A record must be kept of all ballots with missing and mismatched signatures. The record must contain the date on which the voter was contacted or the notice was mailed, as well as the date on which the voter subsequently submitted a signature to cure the missing or mismatched signature. That record is a public record under chapter 42.56 RCW and may be disclosed to interested parties on written request.
AMENDATORY SECTION (Amending WSR 11-24-064, filed 12/6/11, effective 1/6/12)
WAC 434-261-075 Votes on something other than a ballot.
If the voter returns voting responses by mail on any form other than a ballot, the votes thereon shall be acceptable and tallied provided that:
(1) Only votes for offices or measures for which the voter is eligible are counted.
(2) The candidate or measure response position for which the voter is voting can be clearly identified.
(3) The ballot issued is not returned, or if returned, contains no marks indicating an attempt to vote it.
(4) A valid signature on a ballot declaration is received with the voting responses.
The votes accepted must then be duplicated to a ballot that can be read by the electronic voting equipment.
Votes on a ballot from a previous primary or election cannot be counted for another primary or election. These ballots must be rejected per WAC 434-262-031.
NEW SECTION
WAC 434-261-112 Direct recording electronic voting devices (DREs).
Votes recorded on DREs must be uploaded into the ballot tabulation program or duplicated onto paper ballots. The upload or duplication may take place after election day. DRE data storage must remain in secure storage until tabulation.
NEW SECTION
WAC 434-262-016 Canvassing board meetingEmergency procedure.
If a member cannot attend a canvassing board meeting due to an emergency, a designee may be appointed according to RCW 29A.60.140 at any time, including the day of the meeting. If a designee cannot be appointed, the member may participate in the meeting remotely.
(1) When ballots are considered during the meeting, the remote member must have access to an online computer application which allows viewing of ballots. Images of ballots cannot be recorded, copied, scanned, e-mailed, or faxed to the member nor can the member record ballot images. The computer application is not required if ballots are not considered during the meeting.
(2) As per RCW 29A.60.200, all three county canvassing board members or designees must certify an election. If an election is certified during the meeting where a member or designee is attending remotely, a copy of the certification document must be sent electronically to the remote member. The certification document must be signed in the following manner:
(a) The members physically present at the meeting must sign the certification document.
(b) A copy of the signature page is sent electronically to the remote member.
(c) The remote member must print the signature page, sign the document, and return the signed document electronically to the canvassing board meeting location.
(d) The remote member's signed signature page is printed and attached to the certification document signed by the other members of the board, completing the certification document.
(3) If a member or a designee cannot attend in person or remotely due to an emergency, a quorum of the board may accept or reject ballots, determine the validity of challenged ballots, determine the validity of provisional ballots, and certify the returns of a primary or election.
AMENDATORY SECTION (Amending WSR 12-14-074, filed 7/2/12, effective 8/2/12)
WAC 434-262-030 County auditor's abstract of votes.
The county canvassing board shall meet and canvass all ballots. Upon completion of this canvass ten days after a special election, fourteen days after a primary ((or special election)), and twenty-one days after a general election, the county auditor shall present the auditor's abstract of votes, which must include:
(1) The number of registered voters eligible to vote in the election;
(2) The number of ballots cast in the election, by precinct;
(3) The votes cast for each race or issue, including write-ins, undervotes, and overvotes;
(4) Legislative and congressional district subtotals, if any; and
(5) The vote totals by county.
AMENDATORY SECTION (Amending WSR 14-06-040, filed 2/26/14, effective 3/29/14)
WAC 434-262-070 Official county canvass report.
(1) Upon completion of the verification of the auditor's abstract of votes and the documentation of any corrective action taken, the county canvassing board shall sign a certification that:
(a) States that the abstract is a full, true, and correct representation of the votes cast for the issues and offices listed thereon;
(b) Provides the total number of registered voters and votes cast in the county;
(c) Contains the oath required by RCW 29A.60.200, signed by the county auditor and attested to by the chair or designee who administered the oath; and
(d) Shall have a space where the official seal of the county shall be attached.
(2) The official county canvass report shall include:
(a) The certification;
(b) The auditor's abstract of votes as described in WAC 434-262-030;
(c) The reconciliation report required by RCW 29A.60.235, which must include documentation that the number of ballots counted plus the number of ballots rejected is equal to the number of ballots received, and any additional information necessary to explain variances; and
(d) If applicable, a written narrative of errors and discrepancies discovered and corrected.
(3) The certification shall be signed by all members of the county canvassing board or their designees. ((If one member of the canvassing board cannot be present, and a designee for that member is unavailable, the certification shall be signed by a quorum of the board.))
(4) The official county canvass report is the cumulative report referenced in RCW 29A.60.230. This report may not be subsequently amended or altered, except in the event a recount conducted pursuant to chapter 29A.64 RCW, or upon order of the superior court. The vote totals contained therein shall constitute the official returns of that election.
AMENDATORY SECTION (Amending WSR 14-06-040, filed 2/26/14, effective 3/29/14)
WAC 434-262-031 Rejection of ballots or parts of ballots.
(1) The disposition of provisional ballots is governed by WAC 434-262-032. The county canvassing board must reject any ballot cast by a voter who was not qualified to vote, or for other reasons required by law or administrative rule. A log must be kept of all voted ballots rejected, and must be included in the minutes of each county canvassing board meeting.
(2) Ballots or parts of ballots shall be rejected by the canvassing board in the following instances:
(a) Where a voter has already voted one ballot;
(b) Where two voted ballots are returned together:
(i) If the two ballots are returned with only one valid signature on the ballot declaration, the races and measures voted the same on both ballots may be counted once.
(ii) If the two ballots are returned with two valid signatures on the ballot declaration, both ballots may be counted in their entirety;
(c) Where a ballot or parts of a ballot are marked in such a way that it is not possible to determine the voter's intent consistent with WAC 434-261-086;
(d) Where the voter has voted for candidates or issues for whom he or she is not entitled to vote;
(e) Where the voter has overvoted;
(f) Where the voter validly transferred out of the county;
(g) Where the ballot was created for a prior election.
AMENDATORY SECTION (Amending WSR 11-24-064, filed 12/6/11, effective 1/6/12)
WAC 434-262-032 Provisional ballotsDisposition.
Upon receipt of the provisional ballot, including provisional ballots from other counties or states, the county auditor must investigate the circumstances surrounding the provisional ballot prior to certification of the primary or election. A voted ballot received from an unregistered voter, other than a service or overseas voter, is considered a provisional ballot. A provisional ballot cannot be counted unless the voter's name, signature and the date of birth, if available, matches a voter registration record. Once the provisional ballot has been investigated, disposition of the ballot is as follows:
(1) If there is no record of the voter ever having been registered, the voter must be offered the opportunity to register and the provisional ballot is not counted.
(2) If the voter was previously registered and later canceled and the auditor determines that the cancellation was in error, the voter's registration must be immediately restored and the provisional ballot counted.
(3) If the voter was previously registered and later canceled and the auditor determines that the cancellation was not in error, the voter must be offered the opportunity to reregister and the provisional ballot is not counted.
(4) If the voter is a registered voter but has voted a ballot other than the one which the voter would have received for his or her precinct, the auditor must ensure that only those votes for the positions and measures for which the voter was eligible to vote are counted.
(5) If the voter is a registered voter in another county, the auditor shall forward the ballot and a corresponding voter guide, or other means by which the ballot can be interpreted, to the elections official for the jurisdiction in which the voter is registered. The ballot must be forwarded within seven calendar days after a primary or special election and fourteen calendar days after a general election, and as soon as possible if past that date.
(6) If the voter voted a regular ballot and a provisional ballot, the provisional ballot is not counted if the regular ballot has already been counted. The regular ballot is not counted if the provisional ballot has already been counted.
(7) If the voter voted a provisional ballot because he or she failed to produce identification at a voting center, the ballot is counted if the signature on the envelope matches the signature in the voter registration record.
(8) If the voter voted a provisional ballot because the voter is provisionally registered and the voter's registration record is still flagged as requiring verification of identity, the provisional ballot is not counted.
(9) Provisional ballots voted for reasons not covered by this section or state statute must be determined by the county canvassing board.
AMENDATORY SECTION (Amending WSR 14-06-040, filed 2/26/14, effective 3/29/14)
WAC 434-324-026 Voter registration form.
(( 
 
)) 
The secretary of state is responsible for creating the official voter registration form. The voter registration form must contain at a minimum the following:
(1) Voter's name;
(2) Date of birth;
(3) Gender;
(4) Residential address;
(5) Mailing address, if different;
(6) Military status;
(7) The statement, "I am a citizen of the United States of America" with space for the voter to indicate "yes" or "no";
(8) The statement, "I will be at least 18 years old by the next election" with space for the voter to indicate "yes" or "no";
(9) Washington driver's license/ID number or last four digits of a Social Security number;
(10) Former registration information;
(11) A declaration with a signature line. The declaration: "I declare that the facts on this voter registration form are true, I am a citizen of the United States, I will have lived at the address in Washington for at least thirty days immediately before the next election at which I vote, I will be at least 18 years old when I vote, I am not disqualified from voting due to a court order, and I am not under Department of Corrections supervision for a Washington felony conviction."
NEW SECTION
WAC 434-324-103 Verification notices.
A verification notice must be sent when a voter registration application does not contain all the minimum information required in RCW 29A.08.010. The notice must be sent by first-class forwardable mail and must include a response form that:
(1) Is preaddressed and postage paid or is accompanied by a preaddressed and postage paid return envelope.
(2) Requests the applicant for the missing information only.
(3) Notifies the voter they must provide the missing information within forty-five days.
If the voter does not respond by the deadline, the voter registration application is considered void.
AMENDATORY SECTION (Amending WSR 14-06-040, filed 2/26/14, effective 3/29/14)
WAC 434-335-280 Logic and accuracy test conduct.
The county must provide adequate personnel to properly operate the ballot tabulation system. Whenever possible, the system shall be operated during the test by the same person or persons who will be responsible for operating the system on election day. The official logic and accuracy test shall be conducted as follows:
(1) Every ballot tabulator and scanner to be used in the primary or election shall be tested. Digital scan test decks shall be scanned during the official logic and accuracy test.
(2) Undervotes recorded by a digital scan system used to resolve or adjudicate ballots digitally shall be auto-resolved. Some undervotes may be manually resolved to demonstrate the process.
(3) Optical scan tabulators and digital scan tabulators not used to resolve or adjudicate ballots digitally shall be set to out-stack blank ballots, overvotes, and write-in votes.
(4) A printout of the test results shall be produced and compared to the expected test results. If the test results do not match the expected test results, the reason for the discrepancy must be satisfactorily determined and corrections made, if necessary.
(5) The upload of results to the secretary of state's office shall be tested and verified.
AMENDATORY SECTION (Amending WSR 14-06-040, filed 2/26/14, effective 3/29/14)
WAC 434-335-323 Preparing the logic and accuracy test.
(1) Each county shall prepare a matrix of the test pattern used to mark the test deck of ballots for the official logic and accuracy test. The matrix shall consist of a spreadsheet listing the number of votes cast for each candidate and responses for and against each measure in each precinct or ballot style. The matrix shall include:
(a) For every precinct or ballot style, the first response position of every race or measure shall be marked so the total votes cast for the first candidate of a race or the first response to a measure equals the total number of precincts or ballot styles being tested for that contest or measure;
(b) Two votes for the second response position, three votes for the third response position, four votes for the fourth response position, etc.;
(c) For each tabulator's test deck:
(i) One write-in vote;
(ii) One overvoted race;
(iii) One blank ballot; and
(iv) At least one of each type of ballot to be used during the election including ballots on demand, alternative language ballots, electronically marked ballots, and electronically duplicated ballots.
(d) For all responses within a race or measure, including write-ins, unique results. Additional ballots must be added to the test deck in the following circumstances:
(i) Within a race or measure, more than one response has the same results;
(ii) A candidate appears in two different races on the same ballot; and
(iii) More than one measure appears on a ballot within the same jurisdiction and each has the same response position names. For example, if two measures with "yes" and "no" response names appear for the same jurisdiction, the test results shall be unique between the two measures.
(2) A copy of the county's test matrix and a sample ballot shall be sent to the office of the secretary of state by the fourteenth day prior to the official logic and accuracy test. The office of the secretary of state shall review the provided matrix to determine if it is prepared in accordance with this section.
(3) The county auditor shall produce a test deck of ballots based on the test matrix to be used in the official logic and accuracy test.
AMENDATORY SECTION (Amending WSR 14-06-040, filed 2/26/14, effective 3/29/14)
WAC 434-335-330 Logic and accuracy test certification.
(1) The official logic and accuracy test shall be certified by the county auditor or deputy, the secretary of state representative, and any political party observers for a state primary or general election in accordance with RCW 29A.12.130. Additionally, the county auditor must verify in writing that the version numbers for all software, firmware, and hardware of the voting system used have not changed from the certified versions.
(2) The county auditor shall provide the secretary of state representative copies of the following documents:
(a) Test results;
(b) A zero report;
(c) Signed verification of the version numbers;
(d) Signed certification of the official logic and accuracy test;
(e) A test log of:
(i) The number of accessible voting units to be used in the primary or election; and
(ii) The electronic duplication system, if electronic duplication will be used in the primary or election; and
(f) Any other documentation requested by the secretary of state representative in advance of the official test.
(3) Copies of the certification documents must be retained by the secretary of state and the county auditor. All test results, test ballots, the signed certification, and a copy of the tabulation programming or the actual tabulation equipment must be kept in secure storage until the ((day of the)) equipment is used for a primary or election. The secure storage must use numbered seals and logs that will detect any inappropriate access.
(4) If, for any reason, changes are made to the ballot counting programming after the official logic and accuracy test, an emergency logic and accuracy test must be conducted pursuant to WAC 434-335-310.
AMENDATORY SECTION (Amending WSR 09-03-110, filed 1/21/09, effective 2/21/09)
WAC 434-379-005 Filing of an initiative or referendumFeeRequired documents.
A person desiring to file with the secretary of state a proposed initiative to the people, initiative to the legislature, or referendum measure may do so by filing the following documents:
(1) A legible ((copy)) electronic copy of the language of the measure proposed, or the act or part of such act on which a referendum is desired or other arrangements made on a case-by-case basis;
(2) An affidavit declaring under penalty of perjury:
(a) That the person submitting the proposed measure is over eighteen years of age and competent to testify;
(b) That the person submitting the proposed measure is a registered voter in the state of Washington;
(c) Whether the proposed measure is an initiative to the people, initiative to the legislature, or referendum; and
(d) The subject of the initiative, or the bill number of the legislation being referred((; and)).
(e) All affidavits for sponsor and cosponsors are due at the time of the initial filing.
(3) A nonrefundable filing fee of five dollars for each measure submitted.
The proposed measure is not considered filed with the secretary of state until all documents and fees are filed, including any original versions required. Filing will be marked as incomplete if all fees and documents are not received within fifteen business days. The secretary of state will process complete filings within one business day of receipt of all required documents.
AMENDATORY SECTION (Amending WSR 12-14-074, filed 7/2/12, effective 8/2/12)
WAC 434-379-008 Petition requirements.
(1) Petitions must be at least eleven inches wide by fourteen inches long.
(2) Petitions must include:
(a) The initiative or referendum number;
(b) The ballot title, which must include:
(i) The subject, not more than ten words;
(ii) The concise description, not more than thirty words; and
(iii) The question((;)).
(c) The form and text required by:
(i) RCW 29A.72.110 for an initiative to the legislature;
(ii) RCW 29A.72.120 for an initiative to the people; or
(iii) RCW 29A.72.130 for a referendum measure((;)).
(d) The warning in RCW 29A.72.140, printed on the front to cover at least four square inches;
(e) Numbered lines, not more than twenty, with space for each person to provide his or her:
(i) Original signature;
(ii) Printed name; and
(iii) Address, city, and county where registered to vote((;)).
(f) A ((one-inch margin)) blank space on the bottom left hand corner of the front side, one and one-half inch square;
(g) The full text of the measure printed on the back; ((and))
(h) The circulator's declaration printed on the back; and
(i) Petition sheets printed with a one-inch margin on the bottom may be submitted through December 31, 2016.
NEW SECTION
WAC 434-379-0073 Transmittal to the attorney general.
Once the proposed text and certificate of review to an initiative or referendum is received, the secretary of state shall place the assigned serial number and the date filed on the top of the initiative or referendum text submitted by the sponsor. The secretary of state will submit the text with required information to the attorney general within one business day of the sponsor filing the proposed text.
NEW SECTION
WAC 434-379-0077 Withdrawal of an initiative or referendum.
A sponsor may withdraw an initiative or referendum by submitting a written request to the secretary of state. The sponsor may withdraw an initiative or referendum until the time when the measure's ballot title and summary are finally established. The ballot title and summary are considered finally established five days after the attorney general submits the ballot title and summary to the secretary of state or, in the case of an appeal, when the court has rendered a final order. The sponsor cannot withdraw an initiative or referendum after it is finally established.