[Filed May 27, 2026, 10:35 a.m., effective June 27, 2026]

Effective Date of Rule: Thirty-one days after filing.

Purpose: SB 5843 (2024) added a provision to RCW 29A.60.200 stating that the secretary of state may examine a county's election materials and certify the county-level election results if the county canvassing board refuses to certify the election without cause. The purpose of this rule making is to detail the procedure in such a situation. The rule amendments clarify which materials contain personally identifiable information and thus cannot be copied, faxed, scanned, or emailed; the deadline to delegate a representative to serve on the canvassing board in case of emergency procedures; and the definition for "without cause."

Citation of Rules Affected by this Order: Amending WAC 434-262-010, 434-262-016, and 434-262-070.

Statutory Authority for Adoption: RCW 29A.04.611.

Adopted under notice filed as WSR 26-09-055 on April 10, 2026.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 3, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 3, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 3, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 3, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: May 27, 2026.

AMENDATORY SECTION(Amending WSR 12-14-074, filed 7/2/12, effective 8/2/12)

WAC 434-262-010Definitions.

As used in ((these regulations))this chapter:

(1) "Canvassing" is ((that))the process of examining in detail a ballot, groups of ballots, election subtotals, or grand totals((, in order)) to determine the final official returns of a primary, special, or general election, and to safeguard the integrity of the election process.

(2) "County canvassing board" is ((that))the body charged by ((law))chapter 29A.60 RCW with the duty of canvassing ballots, ruling on the validity of questioned or challenged ballots, verifying all unofficial returns as listed in the auditor's abstract of votes, and producing the official county canvass report; it shall be composed of the county auditor, prosecuting attorney, and chair of ((the board of)) the county legislative authority, or their designated representatives, as per RCW 29A.60.140.

AMENDATORY SECTION(Amending WSR 17-12-090, filed 6/6/17, effective 7/7/17)

WAC 434-262-016Canvassing board meeting—Emergency procedure.

If a county canvassing board member cannot attend a county canvassing board meeting due to an emergency, as defined in the county canvassing board's manual, a ((designee))designated representative 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 in accordance with RCW 42.30.230.

(1) When ballots, ballot return envelopes, the signatures on ballot declarations, and signature correction forms are considered during the meeting, the remote member must have access to an online computer application which allows viewing of ((ballots))the considered material. Images of ballots, ballot return envelopes, the signatures on ballot declarations, and signature correction forms cannot be recorded, copied, scanned, emailed, or faxed to ((the member))a county canvassing board member, nor can ((the))a member record ((ballot images))the considered material. The computer application is not required if ballots, ballot return envelopes, the signatures on ballot declarations, and signature correction forms are not considered during the meeting.

(2) As per RCW 29A.60.200, all three county canvassing board members or designees must certify ((an))the primary or election. If a primary or 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 county canvassing board members or designees physically present at the meeting must sign the certification ((document))documentation.

(b) A copy of the certification documentation is sent electronically to the remote member or designee.

(c) The remote member or designee must print the signature page of the certification documentation, sign the page, and return the signed page electronically to the county canvassing board meeting location.

(d) The remote member's or designee's signed signature page is printed and attached to the certification ((document))documentation signed by the other members of the county canvassing board, completing the certification ((document))documentation.

(3) An emergency meeting of the county canvassing board in accordance with this section is not a valid reason to refuse certification of the primary or election.

AMENDATORY SECTION(Amending WSR 21-21-001, filed 10/6/21, effective 11/6/21)

WAC 434-262-070Official 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 and measures 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 of the county legislative authority 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. This report may not be subsequently amended or altered, except in the event a recount conducted pursuant to chapter 29A.64 RCW, or upon court order ((of the superior court)). The vote totals therein shall constitute the official returns of that primary or election; and

(3) The certification shall be signed by all members of the county canvassing board or their designees.

(4) In the event that a member or members of the county canvassing board or their designees refuse to sign the official certification of the results of a primary or election without cause, the board member(s) must provide a written narrative with examples. The written narrative must explain why one or more members refused to certify the results of the primary or election and may also include a statement or statements from board members who would certify the results.

(5) The official county canvass report, or in lieu of the report, written narrative as to why the primary or election has not been certified, must be submitted for every primary and election ((must be submitted)) to the office of the secretary of state ((on the day))immediately after the primary or election was certified, as per RCW 29A.60.190 and 29A.60.230.

(((5)))(6) Failure to certify the returns, if they can be ascertained with reasonable certainty, may be considered a violation of RCW 29A.84.720. For purposes of RCW 29A.60.200, a refusal to certify the results of a primary or election is "without cause" if the office of the secretary of state determines the reason(s) provided in the written narrative:

(a) Are not supported by the credible testimony of knowledgeable witnesses, provided under penalty of perjury;

(b) Challenge the legality of any votes without reasonable evidence of illegality; or

(7) The county auditor must prepare a reconciliation report for every primary and election as required by RCW 29A.60.235 and state rule, and submit the complete report as directed by the office of the secretary of state. The office of the secretary of state shall review the reconciliation report for each county auditor and work with the county auditor to resolve discrepancies. If a discrepancy is resolved, the county auditor shall submit a correct reconciliation report to the office of the secretary of state seven days following the certification of the election. The corrected report then becomes the official reconciliation report for that election. The county auditor shall post the corrected report on the county auditor website.