reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 29A - Elections › Chapter 29A.60 - Canvassing. › 29A.60.160 - Ballots—Processing, canvassing.

RCW 29A.60.160
Ballots—Processing, canvassing.
(1) The county auditor, as delegated by the county canvassing board, shall process ballots and canvass the votes cast at that primary or election on a daily basis in counties with a population of seventy-five thousand or more, or at least every third day for counties with a population of less than seventy-five thousand, if the county auditor is in possession of more than five hundred ballots that have yet to be canvassed.
(2) Saturdays, Sundays, and legal holidays are not counted for purposes of this section.
(3) In order to protect the secrecy of a ballot, the county auditor may use discretion to decide when to process ballots and canvass the votes.
(4) Tabulation results must be made available to the public immediately upon completion of the canvass. Records of ballots counted must be made available to the public at the end of each day that the county auditor has processed ballots during and after an election.
[ 2016 c 134 § 2; 2013 c 11 § 62; 2011 c 10 § 53; (2011 c 10 § 52 expired July 1, 2013); 2007 c 373 § 2; (2007 c 373 § 1 expired July 1, 2013). Prior: 2005 c 243 § 15; (2005 c 153 § 11 expired July 1, 2013); 2003 c 111 § 1516; 1999 c 259 § 4; 1995 c 139 § 2; 1987 c 54 § 2; 1965 c 9 § 29.62.020; prior: 1957 c 195 § 15; prior: 1919 c 163 § 21, part; Code 1881 § 3095, part; 1868 p 20 § 1, part; 1865 p 39 § 6, part; RRS § 5340, part. Formerly RCW 29.62.020.]
NOTES:
Effective date—2011 c 10 §§ 53 and 58: "Sections 53 and 58 of this act take effect July 1, 2013." [ 2011 c 10 § 88.]
Expiration date—2011 c 10 §§ 52 and 57: "Sections 52 and 57 of this act expire July 1, 2013." [ 2011 c 10 § 89.]
Notice to registered poll voters—Elections by mail—2011 c 10: See note following RCW 29A.04.008.
Effective date—2007 c 373 § 2: "Section 2 of this act takes effect July 1, 2013." [ 2007 c 373 § 5.]
Expiration date—2007 c 373 § 1: "Section 1 of this act expires July 1, 2013." [ 2007 c 373 § 4.]
Expiration date—2005 c 153 §§ 11 and 12: "Sections 11 and 12 of this act expire July 1, 2013." [ 2005 c 153 § 14.]
Absentee ballots, canvassing: RCW 29A.40.110.
2023 Revised Code of Washington › Title 29A - Elections › Chapter 29A.60 - Canvassing. › 29A.60.165 - Unsigned ballot declarations.

RCW 29A.60.165
Unsigned ballot declarations.
(1) If the voter neglects to sign the ballot declaration, the auditor shall notify the voter by first-class mail and advise the voter of the correct procedures for completing the unsigned declaration. If the ballot is received within three business days of the final meeting of the canvassing board, or the voter has been notified by first-class mail and has not responded at least three business days before the final meeting of the canvassing board, then the auditor shall attempt to notify the voter by telephone, using the voter registration record information.
(2)(a) If the handwriting of the signature on a ballot declaration is not the same as the handwriting of the signature on the registration file, the auditor shall notify the voter by first-class mail, enclosing a copy of the declaration, and advise the voter of the correct procedures for updating his or her signature on the voter registration file. If the ballot is received within three business days of the final meeting of the canvassing board, or the voter has been notified by first-class mail and has not responded at least three business days before the final meeting of the canvassing board, then the auditor shall attempt to notify the voter by telephone, using the voter registration record information.
(b) If the signature on a ballot declaration is not the same as the signature on the registration file because the name is different, the ballot may be counted as long as the handwriting is clearly the same. The auditor shall send the voter a change-of-name form under RCW 29A.08.440 and direct the voter to complete the form.
(c) If the signature on a ballot declaration is not the same as the signature on the registration file because the voter used initials or a common nickname, the ballot may be counted as long as the surname and handwriting are clearly the same.
(3) A voter may not cure a missing or mismatched signature for purposes of counting the ballot in a recount.
(4) 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 submitted updated information. The record must be updated each day that ballots are processed under RCW 29A.60.160, each time a voter was contacted or the notice was mailed, and when the voter submitted updated information. The auditor shall send the record, and any updated records, to the secretary of state no later than forty-eight hours after the record is created or updated. The secretary of state shall make all records publicly available no later than twenty-four hours after receiving the record.
[ 2019 c 167 § 1; 2013 c 11 § 63; 2011 c 10 § 54. Prior: 2006 c 209 § 4; 2006 c 208 § 1; 2005 c 243 § 8.]
NOTES:
Notice to registered poll voters—Elections by mail—2011 c 10: See note following RCW 29A.04.008.
2023 Revised Code of Washington › Title 29A - Elections › Chapter 29A.60 - Canvassing. › 29A.60.180 - Credit for voting.

RCW 29A.60.180
Credit for voting.
Each registered voter casting a valid ballot will be credited with voting on his or her voter registration record.
[ 2011 c 10 § 56; 2003 c 111 § 1518. Prior: 2001 c 241 § 12; 1988 c 181 § 3; 1987 c 346 § 16; 1983 c 136 § 1; 1965 c 9 § 29.36.075; prior: 1961 c 78 § 1. Formerly RCW 29.36.330, 29.36.075.]
NOTES:
Notice to registered poll voters—Elections by mail—2011 c 10: See note following RCW 29A.04.008.
Legislative intent—Effective date—1987 c 346: See notes following RCW 29A.40.010.
2023 Revised Code of Washington › Title 29A - Elections › Chapter 29A.60 - Canvassing. › 29A.60.190 - Certification of election results.

RCW 29A.60.190
Certification of election results.
Ten days after a special election held in February or April, ten days after a presidential primary held pursuant to chapter 29A.56 RCW, fourteen days after a primary, or twenty-one days after a general election, the county canvassing board shall complete the canvass and certify the results. Each ballot that was returned before 8:00 p.m. on the day of the special election, general election, primary, or presidential primary, and each ballot bearing a postmark on or before the date of the special election, general election, primary, or presidential primary and received no later than the day before certification, must be included in the canvass report.
[ 2019 c 7 § 5; 2015 c 146 § 4. Prior: 2011 c 349 § 21; (2011 c 349 § 20 expired July 1, 2013); 2011 c 10 § 58; (2011 c 10 § 57 expired July 1, 2013); 2006 c 344 § 17; (2006 c 344 § 16 expired July 1, 2013); prior: 2005 c 243 § 16; (2005 c 153 § 12 expired July 1, 2013); 2004 c 266 § 18; 2003 c 111 § 1519.]
NOTES:
Effective date—2011 c 349 § 21: "Section 21 of this act takes effect July 1, 2013." [ 2011 c 349 § 31.]
Expiration date—2011 c 349 § 20: "Section 20 of this act expires July 1, 2013." [ 2011 c 349 § 32.]
Effective date—2011 c 349: See note following RCW 29A.04.255.
Effective date—2011 c 10 §§ 53 and 58: See note following RCW 29A.60.160.
Expiration date—2011 c 10 §§ 52 and 57: See note following RCW 29A.60.160.
Notice to registered poll voters—Elections by mail—2011 c 10: See note following RCW 29A.04.008.
Effective date—2006 c 344 § 17: "Section 17 of this act takes effect July 1, 2013." [ 2006 c 344 § 43.]
Expiration date—2006 c 344 § 16: "Section 16 of this act expires July 1, 2013." [ 2006 c 344 § 42.]
Effective date—2006 c 344 §§ 1-16 and 18-40: See note following RCW 29A.04.311.
Expiration date—2005 c 153 §§ 11 and 12: See note following RCW 29A.60.160.
Effective date—2004 c 266: See note following RCW 29A.04.575.
2023 Revised Code of Washington › Title 29A - Elections › Chapter 29A.60 - Canvassing. › 29A.60.195 - Provisional ballots—Disposition.

RCW 29A.60.195
Provisional ballots—Disposition.
Before certification of the primary or election, the county auditor must examine and investigate all received provisional ballots to determine whether the ballot can be counted. The auditor shall provide the disposition of the provisional ballot and, if the ballot was not counted, the reason why it was not counted, on a free access system such as a toll-free telephone number, website, mail, or other means. The auditor must notify the voter in accordance with RCW 29A.60.165 when the declaration is unsigned or when the signatures do not match.
[ 2011 c 10 § 59; 2005 c 243 § 9.]
NOTES:
Notice to registered poll voters—Elections by mail—2011 c 10: See note following RCW 29A.04.008.
2023 Revised Code of Washington › Title 29A - Elections › Chapter 29A.60 - Canvassing. › 29A.60.200 - Canvassing board—Canvassing procedure—Penalty.

RCW 29A.60.200
Canvassing board—Canvassing procedure—Penalty.
Before canvassing the returns of a primary or election, the chair of the county legislative authority or the chair's designee shall administer an oath to the county auditor or the auditor's designee attesting to the authenticity of the information presented to the canvassing board. This oath must be signed by the county auditor or designee and filed with the returns of the primary or election.
The county canvassing board shall proceed to verify the results from the ballots received. The board shall execute a certificate of the results of the primary or election signed by all members of the board or their designees. Failure to certify the returns, if they can be ascertained with reasonable certainty, is a crime under RCW 29A.84.720.
[ 2011 c 10 § 60; 2003 c 111 § 1520; 1990 c 59 § 63; 1965 c 9 § 29.62.040. Prior: 1957 c 195 § 17; prior: (i) 1919 c 163 § 21, part; Code 1881 § 3095, part; 1868 p 20 § 1, part; 1865 p 39 § 6, part; RRS § 5340, part. (ii) 1893 c 112 § 2; RRS § 5342. (iii) 1903 c 85 § 1, part; Code 1881 § 3094, part; 1865 p 38 § 4, part; RRS § 5339, part. Formerly RCW 29.62.040.]
NOTES:
Notice to registered poll voters—Elections by mail—2011 c 10: See note following RCW 29A.04.008.
Intent—Effective date—1990 c 59: See notes following RCW 29A.04.013.
2023 Revised Code of Washington › Title 29A - Elections › Chapter 29A.60 - Canvassing. › 29A.60.210 - Recanvass—Generally.

RCW 29A.60.210
Recanvass—Generally.
Whenever the canvassing board finds during the initial counting process, or during any subsequent recount thereof, that there is an apparent discrepancy or an inconsistency in the returns of a primary or election, or that election staff has made an error regarding the treatment or disposition of a ballot, the board may recanvass the ballots or voting devices in any precincts of the county. The canvassing board shall conduct any necessary recanvass activity on or before the last day to certify or recertify the results of the primary, election, or subsequent recount and correct any error and document the correction of any error that it finds.
[ 2005 c 243 § 17; 2003 c 111 § 1521; 1990 c 59 § 64; 1965 c 9 § 29.62.050. Prior: 1951 c 193 § 1; 1917 c 7 § 1, part; 1913 c 58 § 15, part; RRS § 5315, part. Formerly RCW 29.62.050.]
NOTES:
Intent—Effective date—1990 c 59: See notes following RCW 29A.04.013.
Voting systems: Chapter 29A.12 RCW.
2023 Revised Code of Washington › Title 29A - Elections › Chapter 29A.60 - Canvassing. › 29A.60.221 - Tie in primary or final election.

RCW 29A.60.221
Tie in primary or final election.
(1) If the requisite number of any federal, state, county, city, or district offices have not been nominated in a primary by reason of two or more persons having an equal and requisite number of votes for being placed on the general election ballot, the official empowered by state law to certify candidates for the general election ballot shall give notice to the several persons so having the equal and requisite number of votes to attend at the appropriate office at the time designated by that official, who shall then and there proceed publicly to decide by lot which of those persons will be declared nominated and placed on the general election ballot.
(2) If the requisite number of any federal, state, county, city, district, or precinct officers have not been elected by reason of two or more persons having an equal and highest number of votes for one and the same office, the official empowered by state law to issue the original certificate of election shall give notice to the several persons so having the highest and equal number of votes to attend at the appropriate office at the time to be appointed by that official, who shall then and there proceed publicly to decide by lot which of those persons will be declared duly elected, and the official shall make out and deliver to the person thus duly declared elected a certificate of election.
[ 2004 c 271 § 176.]
NOTES:
Tie vote for executive branch officer: State Constitution Art. III § 4.
2023 Revised Code of Washington › Title 29A - Elections › Chapter 29A.60 - Canvassing. › 29A.60.230 - Abstract by election officer—Transmittal to secretary of state.

RCW 29A.60.230
Abstract by election officer—Transmittal to secretary of state.
Immediately after the official results of a state primary or general election in a county are ascertained, the county auditor or other election officer shall make an abstract of the number of registered voters in each precinct and of all the votes cast in the county at such state primary or general election for and against state measures and for each candidate for federal, state, and legislative office or for any other office which the secretary of state is required by law to canvass. The cumulative report of the election and a copy of the certificate of the election must be transmitted to the secretary of state immediately. The county auditor or other election official may aggregate results from more than one precinct if the auditor, pursuant to rules adopted by the secretary of state, finds that reporting a single precinct's ballot results would jeopardize the secrecy of a person's ballot. To the extent practicable, precincts for which results are aggregated must be contiguous.
[ 2011 c 10 § 61; 2003 c 111 § 1523; 2001 c 225 § 2; 1999 c 298 § 21; 1990 c 262 § 1; 1977 ex.s. c 361 § 96; 1965 c 9 § 29.62.090. Prior: (i) 1895 c 156 § 12; Code 1881 § 3101; 1865 p 40 § 12; RRS § 5346. (ii) Code 1881 § 3103; 1865 p 41 § 14; RRS § 5348. Formerly RCW 29.62.090.]
NOTES:
Notice to registered poll voters—Elections by mail—2011 c 10: See note following RCW 29A.04.008.
Effective date—Severability—1977 ex.s. c 361: See notes following RCW 29A.16.040.
2023 Revised Code of Washington › Title 29A - Elections › Chapter 29A.60 - Canvassing. › 29A.60.240 - Secretary of state—Primary returns—State offices, etc.

RCW 29A.60.240
Secretary of state—Primary returns—State offices, etc.
The secretary of state shall, as soon as possible but in any event not later than seventeen days following the primary, canvass and certify the returns of all primary elections as to candidates for statewide offices, United States senators and representatives in Congress, and all legislative and judicial candidates whose district extends beyond the limits of a single county.
[ 2013 c 11 § 64; 2011 c 349 § 22; 2003 c 111 § 1524; 1977 ex.s. c 361 § 97; 1965 c 9 § 29.62.100. Prior: 1961 c 130 § 11; prior: 1907 c 209 § 24, part; RRS § 5201, part. Formerly RCW 29.62.100.]
NOTES:
Effective date—2011 c 349: See note following RCW 29A.04.255.
Effective date—Severability—1977 ex.s. c 361: See notes following RCW 29A.16.040.
2023 Revised Code of Washington › Title 29A - Elections › Chapter 29A.60 - Canvassing. › 29A.60.250 - Secretary of state—Final returns—Scope.

RCW 29A.60.250
Secretary of state—Final returns—Scope.
As soon as the returns have been received from all the counties of the state, but not later than the thirtieth day after the election, the secretary of state shall canvass and certify the returns of the general election as to candidates for statewide offices, the United States senate, congress, and all legislative and judicial candidates whose districts extend beyond the limits of a single county. The secretary of state shall transmit a copy of the certification to the governor, president of the senate, and speaker of the house of representatives.
[ 2013 c 11 § 65; 2005 c 243 § 18; 2003 c 111 § 1525; 1965 c 9 § 29.62.120. Prior: Code 1881 § 3100, part; No RRS. Formerly RCW 29.62.120.]
2023 Revised Code of Washington › Title 29A - Elections › Chapter 29A.60 - Canvassing. › 29A.60.260 - Canvass on statewide measures.

RCW 29A.60.260
Canvass on statewide measures.
The votes on proposed amendments to the state Constitution, recommendations for the calling of constitutional conventions and other questions submitted to the people must be counted, canvassed, and returned by each county canvassing board in the manner provided by law for counting, canvassing, and returning votes for candidates for state offices. The secretary of state shall, in the presence of the governor, within thirty days after the election, canvass the votes upon each question and certify to the governor the result. The governor shall forthwith issue a proclamation giving the whole number of votes cast in the state for and against such measure and declaring the result. If the vote cast upon an initiative or referendum measure is equal to less than one-third of the total vote cast at the election, the governor shall proclaim the measure to have failed.
[ 2003 c 111 § 1526; 1965 c 9 § 29.62.130. Prior: (i) 1913 c 138 § 30; RRS § 5426. (ii) 1917 c 23 § 1; RRS § 5341. Formerly RCW 29.62.130.]
2023 Revised Code of Washington › Title 29A - Elections › Chapter 29A.60 - Canvassing. › 29A.60.270 - Local officers, beginning of terms—Organization of district boards of directors.

RCW 29A.60.270
Local officers, beginning of terms—Organization of district boards of directors.
The term of every city, town, and district officer elected to office on the first Tuesday following the first Monday in November of the odd-numbered years begins in accordance with *RCW 29A.20.040. However, a person elected to less than a full term shall assume office as soon as the election returns have been certified and he or she is qualified in accordance with RCW 29A.04.133.
Each board of directors of every district shall be organized at the first meeting held after one or more newly elected directors take office.
[ 2003 c 111 § 503; 1979 ex.s. c 126 § 14; 1965 c 123 § 6; 1965 c 9 § 29.13.050. Prior: 1963 c 200 § 8; 1959 c 86 § 1; prior: 1951 c 257 § 6. (i) 1949 c 161 § 9; Rem. Supp. 1949 § 5146-1. (ii) 1949 c 163 § 1; 1921 c 61 § 4; Rem. Supp. 1949 § 5146. Formerly RCW 29A.20.030, 29.13.050.]
NOTES:
*Reviser's note: RCW 29A.20.040 was recodified as RCW 29A.60.280 pursuant to 2013 c 11 § 93.
Purpose—1979 ex.s. c 126: See RCW 29A.60.280(1).
2023 Revised Code of Washington › Title 29A - Elections › Chapter 29A.60 - Canvassing. › 29A.60.280 - Local elected officials, commencement of term of office—Purpose.

RCW 29A.60.280
Local elected officials, commencement of term of office—Purpose.
(1) The legislature finds that certain laws are in conflict governing the assumption of office of various local officials. The purpose of this section is to provide a common date for the assumption of office for all the elected officials of counties, cities, towns, and special purpose districts other than school districts where the ownership of property is not a prerequisite of voting. A person elected to the office of school director begins his or her term of office at the first official meeting of the board of directors after certification of the election results. It is also the purpose of this section to remove these conflicts and delete old statutory language concerning such elections which is no longer necessary.
(2) For elective offices of counties, cities, towns, and special purpose districts other than school districts where the ownership of property is not a prerequisite of voting, the term of incumbents ends and the term of successors begins after the successor is elected and qualified, and the term commences immediately after December 31st following the election, except as follows:
(a) Where the term of office varies from this standard according to statute; and
(b) If the election results have not been certified prior to January 1st after the election, in which event the time of commencement for the new term occurs when the successor becomes qualified in accordance with RCW 29A.04.133.
(3) For elective offices governed by this section, the oath of office must be taken as the last step of qualification as defined in RCW 29A.04.133 but may be taken either:
(a) Up to ten days prior to the scheduled date of assuming office; or
(b) At the last regular meeting of the governing body of the applicable county, city, town, or special district held before the winner is to assume office.
[ 2003 c 111 § 504; 1999 c 298 § 3; 1980 c 35 § 7; 1979 ex.s. c 126 § 1. Formerly RCW 29A.20.040, 29.04.170.]
NOTES:
Severability—1980 c 35: See note following RCW 28A.343.300.
2023 Revised Code of Washington › Title 29A - Elections › Chapter 29A.60 - Canvassing. › 29A.60.300 - Statewide survey of voted ballot rejection rates and reasons for rejections—Secretary of state to conduct and publish.

RCW 29A.60.300
Statewide survey of voted ballot rejection rates and reasons for rejections—Secretary of state to conduct and publish.
Every odd-numbered year, the secretary of state must conduct and publish a statewide survey of voted ballot rejection rates and the reasons for those rejections by county auditors and canvassing boards. The secretary of state must collect data from reconciliation reports and county auditors in order to compare county and statewide averages for rates of rejected ballots and reasons for those ballots being rejected. The data collected must include rejection rates and reasons for rejection of voted ballots for all elections. The survey must include an analysis of current practices by county auditors and canvassing boards in the acceptance and rejection of ballots, and include recommendations for improvements that minimize rejections in those practices, with a goal of statewide standardization where applicable. The results must also be analyzed and compared with available national data and recognized best practices. The secretary of state's recommendations and reports must be made available to the public.
[ 2016 c 134 § 3.]
2023 Revised Code of Washington › Title 29A - Elections › Chapter 29A.64 - Recounts. › 29A.64.011 - Application—Requirements—Application of chapter.

RCW 29A.64.011
Application—Requirements—Application of chapter.
An officer of a political party or any person for whom votes were cast in a primary who did not qualify for the general election may file a written application for a recount of the votes or a portion of the votes cast at that primary for all persons for whom votes were cast for that office.
An officer of a political party or any person for whom votes were cast at any election may file a written application for a recount of the votes or a portion of the votes cast at that election for all candidates for election to that office.
Any group of five or more registered voters may file a written application for a recount of the votes or a portion of the votes cast upon any question or issue. They shall designate one of the members of the group as chair and shall indicate the voting residence of each member of the group.
An application for a recount of the votes cast for an office or on a ballot measure must be filed with the officer with whom filings are made for the jurisdiction.
An application for a recount must specify whether the recount will be done manually or by the vote tally system. A recount done by the vote tally system must use programming that recounts and reports only the office or ballot measure in question. The county shall also provide for a test of the logic and accuracy of that program.
An application for a recount must be filed within two business days after the county canvassing board or secretary of state has declared the official results of the primary or election for the office or issue for which the recount is requested.
This chapter applies to the recounting of votes cast by paper ballots and to the recounting of votes recorded on ballots counted by a vote tally system.
[ 2011 c 349 § 23; 2004 c 271 § 177.]
NOTES:
Effective date—2011 c 349: See note following RCW 29A.04.255.
2023 Revised Code of Washington › Title 29A - Elections › Chapter 29A.64 - Recounts. › 29A.64.021 - Mandatory.

RCW 29A.64.021
Mandatory.
(1) If the official canvass of all of the returns for any office at any primary or election reveals that the difference in the number of votes cast for a candidate apparently qualified for the general election ballot or elected to any office, and the number of votes cast for the closest apparently defeated opponent is less than two thousand votes and also less than one-half of one percent of the total number of votes cast for both candidates, the county canvassing board shall conduct a recount of all votes cast on that position.
(a) Whenever such a difference occurs in the number of votes cast for candidates for a position the declaration of candidacy for which was filed with the secretary of state, the secretary of state shall, within three business days of the day that the returns of the primary or election are first certified by the canvassing boards of those counties, direct those boards to recount all votes cast on the position.
(b)(i) For statewide elections, if the difference in the number of votes cast for the apparent winner and the closest apparently defeated opponent is less than one thousand votes and also less than one-fourth of one percent of the total number of votes cast for both candidates, the votes shall be recounted manually or as provided in subsection (3) of this section.
(ii) For elections not included in (b)(i) of this subsection, if the difference in the number of votes cast for the apparent winner and the closest apparently defeated opponent is less than one hundred fifty votes and also less than one-fourth of one percent of the total number of votes cast for both candidates, the votes shall be recounted manually or as provided in subsection (3) of this section.
(2) A mandatory recount shall be conducted in the manner provided by RCW 29A.64.030, 29A.64.041, and 29A.64.061. No cost of a mandatory recount may be charged to any candidate.
(3) The apparent winner and closest apparently defeated opponent for an office for which a manual recount is required under subsection (1)(b) of this section may select an alternative method of conducting the recount. To select such an alternative, the two candidates shall agree to the alternative in a signed, written statement filed with the election official for the office. The recount shall be conducted using the alternative method if: It is suited to the balloting system that was used for casting the votes for the office; it involves the use of a vote tallying system that is approved for use in this state by the secretary of state; and the vote tallying system is readily available in each county required to conduct the recount. If more than one balloting system was used in casting votes for the office, an alternative to a manual recount may be selected for each system.
[ 2013 c 11 § 66; 2005 c 243 § 19; 2004 c 271 § 178.]
2023 Revised Code of Washington › Title 29A - Elections › Chapter 29A.64 - Recounts. › 29A.64.030 - Deposit of fees—Notice—Public proceeding.

RCW 29A.64.030
Deposit of fees—Notice—Public proceeding.
An application for a recount shall state the office or ballot measure for which a recount is requested, and whether the request is for all precincts or only a portion of the precincts in that jurisdiction. The person filing an application for a manual recount shall, at the same time, deposit with the county canvassing board or secretary of state, in cash or by certified check, a sum equal to twenty-five cents for each ballot cast in the jurisdiction or portion of the jurisdiction for which the recount is requested as security for the payment of any costs of conducting the recount. If the application is for a machine recount, the deposit must be equal to fifteen cents for each ballot. These charges shall be determined by the county canvassing board or boards under RCW 29A.64.081.
The county canvassing board shall determine the date, time, and place or places at which the recount will be conducted. Not less than one day before the date of the recount, the county auditor shall notify the applicant or affected parties and, if the recount involves an office, to any person for whom votes were cast for that office of the date, time, and place of the recount. Each person entitled to receive notice of the recount may attend, witness the recount, and be accompanied by counsel.
Proceedings of the canvassing board are public under chapter 42.30 RCW. Subject to reasonable and equitable guidelines adopted by the canvassing board, all interested persons may attend and witness a recount.
[ 2013 c 11 § 67; 2011 c 349 § 24; 2005 c 243 § 20; 2003 c 111 § 1603. Prior: 2001 c 225 § 5; 1991 c 81 § 36; 1987 c 54 § 5; 1977 ex.s. c 361 § 99; 1965 c 9 § 29.64.020; prior: 1961 c 50 § 2; 1955 c 215 § 2. Formerly RCW 29.64.020.]
NOTES:
Effective date—2011 c 349: See note following RCW 29A.04.255.
Effective date—1991 c 81: See note following RCW 29A.84.540.
Effective date—Severability—1977 ex.s. c 361: See notes following RCW 29A.16.040.
2023 Revised Code of Washington › Title 29A - Elections › Chapter 29A.64 - Recounts. › 29A.64.041 - Procedure—Request to stop—Observers.

RCW 29A.64.041
Procedure—Request to stop—Observers.
(1) At the time and place established for a recount, the canvassing board or its duly authorized representatives, in the presence of all witnesses who may be in attendance, shall open the sealed containers containing the ballots to be recounted, and shall recount the votes for the offices or issues for which the recount has been ordered. Ballots shall be handled only by the members of the canvassing board or their duly authorized representatives.
The canvassing board shall not permit the tabulation of votes for any nomination, election, or issue other than the ones for which a recount was applied for or required.
(2) At any time before the ballots from all of the precincts listed in the application for the recount have been recounted, the applicant may file with the board a written request to stop the recount.
(3) The recount may be observed by persons representing the candidates affected by the recount or the persons representing both sides of an issue that is being recounted. Witnesses shall be permitted to observe the ballots and the process of tabulating the votes, but they shall not be permitted to handle the ballots. The observers may not make a record of the names, addresses, or other information on the ballots, declarations, or lists of voters unless authorized by the superior court. The secretary of state or county auditor may limit the number of observers to not less than two on each side if, in his or her opinion, a greater number would cause undue delay or disruption of the recount process.
[ 2011 c 10 § 63; 2004 c 271 § 179.]
NOTES:
Notice to registered poll voters—Elections by mail—2011 c 10: See note following RCW 29A.04.008.
2023 Revised Code of Washington › Title 29A - Elections › Chapter 29A.64 - Recounts. › 29A.64.050 - Partial recount requiring complete recount.

RCW 29A.64.050
Partial recount requiring complete recount.
When a partial recount of votes cast for an office or issue changes the result of the election, the canvassing board or the secretary of state, if the office or issue is being recounted at his or her direction, shall order a complete recount of all ballots cast for the office or issue for the jurisdiction in question.
This recount will be conducted in a manner consistent with RCW 29A.64.021.
[ 2013 c 11 § 68; 2003 c 111 § 1605. Prior: 2001 c 225 § 7. Formerly RCW 29.64.035.]
2023 Revised Code of Washington › Title 29A - Elections › Chapter 29A.64 - Recounts. › 29A.64.061 - Amended abstracts.

RCW 29A.64.061
Amended abstracts.
(1) Upon completion of the canvass of a recount, the canvassing board shall prepare and certify an amended abstract showing the votes cast in each precinct for which the recount was conducted. Copies of the amended abstracts must be transmitted to the same officers who received the abstract on which the recount was based.
(2) If the office or issue for which the recount was conducted was filed with the county auditor, the canvassing board shall file the amended abstract with the original results of that election or primary.
(3) If the office or issue for which a recount was conducted was filed with the secretary of state, the secretary of state shall canvass the amended abstracts and shall file an amended abstract with the original results of that election. The secretary of state may require that the amended abstracts be certified by each canvassing board on a uniform date.
(4) An amended abstract certified under this section supersedes any prior abstract of the results for the same offices or issues at the same primary or election.
[ 2013 c 11 § 69; 2005 c 243 § 21; 2004 c 271 § 180.]
2023 Revised Code of Washington › Title 29A - Elections › Chapter 29A.64 - Recounts. › 29A.64.070 - Limitation.

RCW 29A.64.070
Limitation.
After the original count, canvass, and certification of results, the votes cast in any single precinct may not be recounted and the results recertified more than twice.
[ 2003 c 111 § 1607. Prior: 2001 c 225 § 9; 1991 c 90 § 3. Formerly RCW 29.64.051.]
NOTES:
Finding, purpose—1991 c 90: "The legislature finds that it is in the public interest to determine the winner of close contests for elective offices as expeditiously and as accurately as possible. It is the purpose of this act to provide procedures which promote the prompt and accurate recounting of votes for elective offices and which provide closure to the recount process." [ 1991 c 90 § 1.]
2023 Revised Code of Washington › Title 29A - Elections › Chapter 29A.64 - Recounts. › 29A.64.081 - Expenses—Charges—Reimbursement by state.

RCW 29A.64.081
Expenses—Charges—Reimbursement by state.
The canvassing board shall determine the expenses for conducting a recount of votes.
(1) For a recount conducted under RCW 29A.64.011, the cost of the recount shall be deducted from the amount deposited by the applicant for the recount at the time of filing the request for the recount, and the balance shall be returned to the applicant. If the costs of the recount exceed the deposit, the applicant shall pay the difference. No charges may be deducted by the canvassing board from the deposit for a recount if the recount changes the result of the nomination or election for which the recount was ordered.
(2) For a recount conducted under RCW 29A.64.021, for an office where the candidates filed the declarations of candidacy with the secretary of state, any legislative office, and any congressional office, the county auditor shall file an expense claim for such costs with the secretary of state. The secretary of state shall include a budget request to the legislature during the next legislative session for sufficient funds for reimbursement of all costs of the recount and shall pay all properly executed and documented vouchers to the counties within thirty days of allotment of specifically appropriated funds for this purpose. The secretary of state shall promptly notify any county that submits an incomplete or inaccurate voucher for reimbursement under this section.
(3) State and federal offices are to be considered one entity for purposes of election cost proration and reimbursement.
[ 2020 c 337 § 5; 2004 c 271 § 181.]
NOTES:
Effective date—2020 c 337: See note following RCW 29A.04.410.
2023 Revised Code of Washington › Title 29A - Elections › Chapter 29A.64 - Recounts. › 29A.64.090 - Statewide measures—When mandatory—Cost at state expense.

RCW 29A.64.090
Statewide measures—When mandatory—Cost at state expense.
When the official canvass of returns of any election reveals that the difference in the number of votes cast for the approval of a statewide measure and the number of votes cast for the rejection of such measure is less than two thousand votes and also less than one-half of one percent of the total number of votes cast on such measure, the secretary of state shall direct that a recount of all votes cast on such measure be made on such measure, in the manner provided by RCW 29A.64.041 and 29A.64.061, and the cost of such recount will be at state expense.
[ 2023 c 109 § 3; 2016 c 204 § 1; 2013 c 11 § 70; 2003 c 111 § 1609. Prior: 2001 c 225 § 11; 1973 c 82 § 1. Formerly RCW 29.64.080.]
NOTES:
Findings—2023 c 109: See note following RCW 29A.32.070.
2023 Revised Code of Washington › Title 29A - Elections › Chapter 29A.64 - Recounts. › 29A.64.100 - Statewide measures—Funds for additional expenses.

RCW 29A.64.100
Statewide measures—Funds for additional expenses.
Each county auditor shall file with the secretary of state a statement listing only the additional expenses incurred whenever a mandatory recount of the votes cast on a state measure is made as provided in RCW 29A.64.090. The secretary of state shall include in his or her biennial budget request a provision for sufficient funds to carry out the provisions of this section. Payments hereunder shall be from appropriations specifically provided for such purpose by law.
[ 2003 c 111 § 1610; 1977 ex.s. c 144 § 5; 1973 c 82 § 2. Formerly RCW 29.64.090.]
2023 Revised Code of Washington › Title 29A - Elections › Chapter 29A.68 - Contesting an Election. › 29A.68.011 - Prevention and correction of ballot frauds and errors.

RCW 29A.68.011
Prevention and correction of ballot frauds and errors.
Any justice of the supreme court, judge of the court of appeals, or judge of the superior court in the proper county shall, by order, require any person charged with error, wrongful act, or neglect to forthwith correct the error, desist from the wrongful act, or perform the duty and to do as the court orders or to show cause forthwith why the error should not be corrected, the wrongful act desisted from, or the duty or order not performed, whenever it is made to appear to such justice or judge by affidavit of an elector that:
(1) An error or omission has occurred or is about to occur in printing the name of any candidate on official ballots; or
(2) An error other than as provided in subsections (1) and (3) of this section has been committed or is about to be committed in printing the ballots; or
(3) The name of any person has been or is about to be wrongfully placed upon the ballots.
An affidavit of an elector under this section when relating to a primary election must be filed with the appropriate court no later than two days following the closing of the filing period for such office and shall be heard and finally disposed of by the court not later than five days after the filing thereof. An affidavit of an elector under this section when relating to a general election must be filed with the appropriate court no later than three days following the official certification of the primary election returns, or official certification of candidates qualified to appear on the general election ballot, whichever is later, and shall be heard and finally disposed of by the court not later than five days after the filing thereof.
[ 2016 c 130 § 1; 2013 c 11 § 71; 2011 c 349 § 25; 2007 c 374 § 3; 2005 c 243 § 22; 2004 c 271 § 182.]
NOTES:
Effective date—2011 c 349: See note following RCW 29A.04.255.
2023 Revised Code of Washington › Title 29A - Elections › Chapter 29A.68 - Contesting an Election. › 29A.68.013 - Prevention and correction of frauds and errors—Primary, election, challenge to certification of measure.

RCW 29A.68.013
Prevention and correction of frauds and errors—Primary, election, challenge to certification of measure.
Any justice of the supreme court, judge of the court of appeals, or judge of the superior court in the proper county shall, by order, require any person charged with error, wrongful act, or neglect to forthwith correct the error, desist from the wrongful act, or perform the duty and to do as the court orders or to show cause forthwith why the error should not be corrected, the wrongful act desisted from, or the duty or order not performed, whenever it is made to appear to such justice or judge by affidavit of an elector that:
(1) A wrongful act other than as provided for in RCW 29A.68.011 has been performed or is about to be performed by any election officer; or
(2) Any neglect of duty on the part of an election officer other than as provided for in RCW 29A.68.011 has occurred or is about to occur; or
(3) An error or omission has occurred or is about to occur in the official certification of any primary or election, including a challenge to the certification of any measure.
An affidavit of an elector under this subsection shall be filed with the appropriate court no later than ten days following the official certification of the primary or election as provided in RCW 29A.60.190, 29A.60.240, or 29A.60.250 or, in the case of a recount, ten days after the official certification of the amended abstract as provided in RCW 29A.64.061.
[ 2016 c 130 § 2.]
2023 Revised Code of Washington › Title 29A - Elections › Chapter 29A.68 - Contesting an Election. › 29A.68.020 - Commencement by registered voter—Causes for.

RCW 29A.68.020
Commencement by registered voter—Causes for.
Any of the following causes may be asserted by a registered voter to challenge the right to assume office of a candidate declared elected to that office, to challenge the right of a candidate to appear on the general election ballot after a primary, or to challenge certification of the result of an election on any measure:
(1) For misconduct on the part of any election officer involved therein;
(2) Because the person whose right is being contested was not, at the time the person was declared elected, eligible to that office;
(3) Because the person whose right is being contested was, previous to the election, convicted of a felony by a court of competent jurisdiction, the conviction not having been reversed nor the person's civil rights restored after the conviction;
(4) Because the person whose right is being contested gave a bribe or reward to a voter or to an election officer for the purpose of procuring the election, or offered to do so;
(5) On account of illegal votes.
(a) Illegal votes include but are not limited to the following:
(i) More than one vote cast by a single voter;
(ii) A vote cast by a person disqualified under Article VI, section 3 of the state Constitution.
(b) Illegal votes do not include votes cast by improperly registered voters who were not properly challenged under RCW 29A.08.810 and 29A.08.820.
All election contests must proceed under RCW 29A.68.011 or 29A.68.013.
[ 2016 c 130 § 3; 2013 c 11 § 72; 2011 c 10 § 64; 2007 c 374 § 4; 2003 c 111 § 1702; 1983 1st ex.s. c 30 § 6; 1977 ex.s. c 361 § 101; 1965 c 9 § 29.65.010. Prior: 1959 c 329 § 26; prior: (i) Code 1881 § 3105; 1865 p 42 § 1; RRS § 5366. (ii) Code 1881 § 3109; 1865 p 43 § 5; RRS § 5370. Formerly RCW 29.65.010.]
NOTES:
Notice to registered poll voters—Elections by mail—2011 c 10: See note following RCW 29A.04.008.
Effective date—Severability—1977 ex.s. c 361: See notes following RCW 29A.16.040.
Civil rights
loss of: State Constitution Art. 6 § 3, RCW 29A.08.520.
restoration of: RCW 9.92.066, 9.94A.637, 9.94A.885, 9.95.260, chapter 9.96 RCW.
2023 Revised Code of Washington › Title 29A - Elections › Chapter 29A.68 - Contesting an Election. › 29A.68.030 - Affidavit of error or omission—Contents—Witnesses.

RCW 29A.68.030
Affidavit of error or omission—Contents—Witnesses.
An affidavit of an elector filed pursuant to RCW 29A.68.013(3) must set forth specifically:
(1) The name of the contestant and that he or she is a registered voter in the county, district or precinct, as the case may be, in which the office or measure is to be exercised;
(2) The name of the person whose right is being contested or the name of the measure being contested;
(3) The office;
(4) The particular causes of the contest.
No statement of contest may be dismissed for want of form if the particular causes of contest are alleged with sufficient certainty. The person charged with the error or omission must be given the opportunity to call any witness, including the candidate.
[ 2016 c 130 § 4; 2007 c 374 § 5; 2003 c 111 § 1703; 1977 ex.s. c 361 § 102; 1965 c 9 § 29.65.020. Prior: (i) Code 1881 § 3110; 1865 p 43 § 6; RRS § 5371. (ii) Code 1881 § 3112; 1865 p 44 § 8; RRS § 5373. Formerly RCW 29.65.020.]
NOTES:
Effective date—Severability—1977 ex.s. c 361: See notes following RCW 29A.16.040.
2023 Revised Code of Washington › Title 29A - Elections › Chapter 29A.68 - Contesting an Election. › 29A.68.040 - Hearing date—Issuance of citation—Service.

RCW 29A.68.040
Hearing date—Issuance of citation—Service.
Upon such affidavit being filed, the clerk shall inform the judge of the appropriate court, who may give notice, and order a session of the court to be held at the usual place of holding the court, on some day to be named by the judge, not less than ten nor more than twenty days from the date of the notice, to hear and determine such contested election. If no session is called for the purpose, the contest must be determined at the first regular session of court after the statement is filed.
The clerk of the court shall also at the time issue a citation for the person charged with the error or omission, to appear at the time and place specified in the notice. The citation must be delivered to the sheriff and be served upon the party in person; or if the person cannot be found, by leaving a copy thereof at the house where the person last resided.
[ 2003 c 111 § 1704; 1977 ex.s. c 361 § 103; 1965 c 9 § 29.65.040. Prior: (i) Code 1881 § 3113; 1865 p 44 § 9; RRS § 5374. (ii) Code 1881 § 3114; 1865 p 45 § 10; RRS § 5375. Formerly RCW 29.65.040.]
NOTES:
Effective date—Severability—1977 ex.s. c 361: See notes following RCW 29A.16.040.
2023 Revised Code of Washington › Title 29A - Elections › Chapter 29A.68 - Contesting an Election. › 29A.68.050 - Witnesses to attend—Hearing of contest—Judgment.

RCW 29A.68.050
Witnesses to attend—Hearing of contest—Judgment.
The clerk shall issue subpoenas for witnesses in such contested election at the request of either party, which shall be served by the sheriff or constable, as other subpoenas, and the superior court shall have full power to issue attachments to compel the attendance of witnesses who shall have been duly subpoenaed to attend if they fail to do so.
The court shall meet at the time and place designated to determine such contested election by the rules of law and evidence governing the determination of questions of law and fact, so far as the same may be applicable, and may dismiss the proceedings if the statement of the cause or causes of contest is insufficient, or for want of prosecution. After hearing the proofs and allegations of the parties, the court shall pronounce judgment in the premises, either confirming or annulling and setting aside such election, according to the law and right of the case.
If in any such case it shall appear that another person than the one returned has the highest number of legal votes, said court shall declare such person duly elected. If in any such case it shall appear that the results of a measure are reversed, said court shall declare the change in result.
[ 2016 c 130 § 5; 2003 c 111 § 1705. Prior: 1965 c 9 § 29.65.050; prior: (i) Code 1881 § 3115; 1865 p 45 § 11; RRS § 5376. (ii) Code 1881 § 3116; 1865 p 45 § 12; RRS § 5377. (iii) Code 1881 § 3117; 1865 p 45 § 13; RRS § 5378. FORMER PARTS OF SECTION: (i) Code 1881 § 3119; 1865 p 45 § 15; RRS § 5379, now codified in RCW 29.65.055. (ii) Code 1881 § 3120; 1865 p 45 § 16; RRS § 5380, now codified in RCW 29.65.055. Formerly RCW 29.65.050.]