reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-263 - Administrative complaint procedure › Section 434-263-010 - Definitions

Current through Register Vol. 24-14, July 15, 2024
For purposes of this chapter, the following terms shall have
				the following meanings:
(1)
			 "Complainant" means the person who files a complaint under this
			 chapter.
(2) "Election" means a
			 special, primary or general election.
(3) "Respondent" means any state or local
			 election official whose actions are asserted, in a complaint under this
			 chapter, to be in violation of Title III.
(4) "Secretary" means the secretary of state
			 or his or her designee.
(5) "State
			 or local election official" means the secretary of state, any county auditor,
			 or any person employed by either the secretary or an auditor whose
			 responsibilities include or directly relate to the administration of any
			 election.
(6) "Title III" means
			 Title III of the Help America Vote Act of 2002,
			 Public Law
			 107-252, 116 Stat. 1666 (2002), codified at
			  52 U.S.C. §§
									21081-21102. Violations include, but are not
			 limited to, voting system standards, provisional voting, accessibility for
			 individuals with disabilities, and voter registration.
Statutory Authority: RCW  29A.04.610. 04-16-037, §
				  434-263-010, filed 7/27/04, effective
				  8/27/04.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-263 - Administrative complaint procedure › Section 434-263-020 - Complaints

Current through Register Vol. 24-14, July 15, 2024
Any person who believes that there is a violation of any
				provision of Title III, including a violation which has occurred, is occurring,
				or is about to occur, by any state or local election official may file a
				complaint with the secretary under this chapter. All complaints must:
(1) Be in writing, sworn under oath, signed
			 and notarized. A form is optional if it contains all the required
			 elements;
(2) Include the
			 complainant's name, telephone number and mailing address;
(3) Include a clear and concise description
			 of the alleged violation of Title III that is detailed enough to let both the
			 respondent and the secretary know what the complaint is about;
(4) Be filed with the secretary, with proof
			 of mailing or delivery of a copy to each respondent, no later than thirty days
			 after the certification of the election at issue.
(5) If a form is provided by the office of
			 the secretary of state, the form shall be available in all languages required
			 by the department of justice.
Statutory Authority: RCW 29A.04.610. 04-16-037, §
				  434-263-020, filed 7/27/04, effective
				  8/27/04.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-263 - Administrative complaint procedure › Section 434-263-030 - Adoption of brief adjudicative proceedings

Current through Register Vol. 24-14, July 15, 2024
All complaints filed pursuant to this chapter shall be treated
				as brief adjudicative proceedings, and the secretary adopts
				RCW
				 34.05.482 through
				34.05.494 to govern such
				proceedings. The secretary has determined that the interests involved in such
				complaints do not warrant the procedures of
				RCW
				 34.05.413 through
				34.05.479. If a complaint is
				written in a language as provided in the Voting Rights Act of 1965, the office
				of the secretary of state shall obtain a translator to facilitate processing
				the complaint.
Statutory Authority: RCW 29A.04.610. 04-16-037, §
				  434-263-030, filed 7/27/04, effective
				  8/27/04.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-263 - Administrative complaint procedure › Section 434-263-040 - Processing of complaint

Current through Register Vol. 24-14, July 15, 2024
(1) The
			 secretary may process the complaint in any of the following ways:
(a) The secretary may dismiss the complaint,
			 and issue a final determination, if it:
(i)
			 Does not comply with WAC
			 434-263-020;
(ii) Does not, on its face, allege a
			 violation of Title III; or
(iii)
			 Alleges a claim for which relief cannot be granted, or for which a remedy is
			 not available;
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-263 - Administrative complaint procedure › Section 434-263-050 - Brief adjudicative proceeding

Current through Register Vol. 24-14, July 15, 2024
(1) The secretary shall designate a person to
			 act as a presiding officer of a brief adjudicative hearing. A presiding officer
			 may be:
(a) The assistant or deputy
			 secretary;
(b) The director of
			 elections;
(c) An assistant
			 director of the elections division;
(d) Any county auditor; or
(e) An administrative law judge.
The presiding officer shall not be from an office named in the
				complaint.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-263 - Administrative complaint procedure › Section 434-263-060 - Initial determination and remedies

Current through Register Vol. 24-14, July 15, 2024
(1) The presiding officer shall render a
			 written initial decision within seventy days after the complaint is filed,
			 unless the complainant consents to a longer period. The determination shall
			 include a statement as to whether, based upon a preponderance of the evidence,
			 a violation of Title III has been established with regard to an election. If
			 the presiding officer determines that a violation has occurred, the
			 determination shall specify the appropriate remedy, if one exists. If the
			 presiding officer determines that no violation has been established, the
			 complaint shall be dismissed.
(2)
			 The remedy awarded under this section shall be directed to the improvement of
			 processes or procedures governed by Title III and must be consistent with state
			 law. Remedies may include written findings that a violation of Title III has
			 occurred and strategies for insuring that the violation does not occur again,
			 as well as any other remedy available to the secretary under law. The remedy
			 may not include any award of monetary damages, costs, penalties or attorney
			 fees, and may not include the invalidation of any vote or ballot, or the
			 invalidation, cancellation, or delay of any primary or election. Remedies
			 addressing the validity of any primary or election or of any ballot or vote may
			 be obtained only as otherwise provided by law.
(3) The initial determination shall include a
			 summary of the process for obtaining an administrative review and shall include
			 notice that judicial review may be available.
Statutory Authority:
				  RCW
				  29A.04.611. 08-05-120, § 434-263-060,
				  filed 2/19/08, effective 3/21/08. Statutory Authority: RCW  29A.04.610.
				  04-16-037, § 434-263-060, filed 7/27/04, effective
				  8/27/04.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-263 - Administrative complaint procedure › Section 434-263-070 - Administrative review

Current through Register Vol. 24-14, July 15, 2024
(1) Any aggrieved
			 party may request an administrative review of the initial determination. If the
			 secretary does not receive a request, in writing, for an administrative review
			 within twenty-one days of service of the initial determination then the initial
			 determination automatically becomes a final determination. If the parties have
			 not requested an administrative review, the secretary may review the presiding
			 officer's adjudication on his or her own motion as provided by
			 RCW
			  34.05.491.
(2) The reviewing officer may be the
			 secretary, the assistant or deputy secretary, or the director of elections,
			 except that the same person may not serve as both the presiding officer and
			 reviewing officer. The reviewing officer shall give each party an opportunity
			 to explain the party's view of the matter, but must render a final
			 determination within ninety days after the original filing of the complaint
			 unless the complainant consents to a longer period. The determination of the
			 reviewing officer is final and no further administrative review is available.
			 The final determination shall include notice that judicial review may be
			 available.
Statutory Authority: RCW 29A.04.610. 04-16-037, §
				  434-263-070, filed 7/27/04, effective
				  8/27/04.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-263 - Administrative complaint procedure › Section 434-263-080 - Alternative dispute resolution

Current through Register Vol. 24-14, July 15, 2024
(1) If a final determination is not rendered
			 within ninety days after the filing of the complaint, or within such additional
			 time to which the complainant may consent, then the complaint shall be
			 transferred to a board of arbitration, which must resolve the complaint within
			 sixty additional days, which may not be extended. The board of arbitration
			 shall be composed of three members, designated by the secretary, at least two
			 of whom must be county auditors or election managers. No two members of the
			 panel may be employed by the same office, agency or other employer.
(2) The arbitrators shall review the record
			 compiled in proceedings prior to the transfer, including the tape or transcript
			 of any hearing, but may not conduct any further hearing or receive any
			 additional testimony, evidence, or other submissions. The arbitrators shall
			 determine the appropriate resolution of the complaint by majority vote. No
			 further administrative review is available, but the arbitrator's final
			 determination shall include notice that judicial review may be
			 available.
Statutory Authority:
				  RCW
				  29A.04.611. 08-05-120, § 434-263-080,
				  filed 2/19/08, effective 3/21/08. Statutory Authority: RCW  29A.04.610.
				  04-16-037, § 434-263-080, filed 7/27/04, effective
				  8/27/04.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-263 - Administrative complaint procedure › Section 434-263-090 - Publication

Current through Register Vol. 24-14, July 15, 2024
All final determinations pursuant to WAC
				434-263-070 shall be posted on
				the secretary's web site for at least ninety days.
Statutory Authority:
				  RCW
				  29A.04.611. 08-05-120, § 434-263-090,
				  filed 2/19/08, effective 3/21/08. Statutory Authority: RCW  29A.04.610.
				  04-16-037, § 434-263-090, filed 7/27/04, effective
				  8/27/04.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-263 - Administrative complaint procedure › Section 434-263-100 - No necessity to exhaust administrative remedies

Current through Register Vol. 24-14, July 15, 2024
It is not necessary to exhaust any administrative remedies
				available under this chapter in order to pursue any other legal action provided
				by law.
Statutory Authority: RCW 29A.04.610. 04-16-037, §
				  434-263-100, filed 7/27/04, effective
				  8/27/04.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-264 - Recounts › Section 434-264-005 - Application

Current through Register Vol. 24-14, July 15, 2024
This chapter applies to all contests subject to a recount
				pursuant to chapter 29A.64 RCW and to manual and machine recounts unless
				otherwise noted. In addition, each county auditor must promulgate written
				procedures regarding the conduct of a recount.
Statutory Authority:
				  RCW
				  29A.04.611. 07-12-032, § 434-264-005,
				  filed 5/30/07, effective 6/30/07.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-264 - Recounts › Section 434-264-010 - Recount

Current through Register Vol. 24-14, July 15, 2024
(1) A recount is
			 the process for retabulating the votes, including write-ins, for a specific
			 office or issue on all valid ballots cast in a primary or election.
(2) All questions of voter registration,
			 voter qualification, and voter intent previously considered during the original
			 count shall not be reconsidered during a recount. If a ballot has been
			 duplicated in accordance with WAC
			 434-261-005, the duplicate shall
			 be counted.
(3) A voter may not
			 cure a missing or mismatched signature for purposes of counting the ballot in a
			 recount.
(4) Prior to beginning the
			 recount, the county auditor shall exercise due diligence to confirm that all
			 returned ballots have been identified and reconciled, and that no ballots have
			 been erroneously omitted from the original count.
(5) If any ballots or votes are discovered
			 during the recount process that were erroneously not counted or canvassed
			 during the original count or during a previous recount, the ballots shall be
			 presented to the county canvassing board in accordance with
			 RCW
			  29A.60.050, and the county canvassing board
			 shall determine whether such ballots are to be included in the
			 recount.
Statutory Authority:
				  RCW
				   29A.04.611. 12-14-074, § 434-264-010,
				  filed 7/2/12, effective 8/2/12; 10-03-072, § 434-264-010, filed 1/18/10,
				  effective 2/18/10; 07-12-032, § 434-264-010, filed 5/30/07, effective
				  6/30/07.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-264 - Recounts › Section 434-264-030 - Observers

Current through Register Vol. 24-14, July 15, 2024
(1) Observers must
			 be permitted to witness activities associated with the recount.
(2) In addition to the admittance of two
			 observers for each side of a recount as required by
			 RCW
			  29A.64.041, a county canvassing board is
			 encouraged to request additional observers from each of the two major political
			 parties, as space allows. If provided, the additional party observers may be
			 stationed to observe each counting board's process and must be considered
			 official observers of the recount.
(3) Priority for viewing space shall be given
			 in the following order:
(a) Candidates or
			 their designated representative, or the designated representative for the
			 proponents and opponents of a ballot measure;
(b) Counsel for a candidate or ballot measure
			 campaign;
(c) Designated party
			 observers;
(d) Media;
(e) General public.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-264 - Recounts › Section 434-264-055 - Machine recount of votes cast on digital scan ballots

Current through Register Vol. 24-14, July 15, 2024
In a machine recount of votes cast on digital scan ballots, the
				tabulating equipment must be programmed to identify all ballots that include an
				undervoted office or ballot measure subject to the recount. All ballots
				identified must be inspected to confirm that no vote was cast. If the
				inspection detects a vote cast that was not correctly counted by the tabulating
				equipment, the county auditor shall refer the ballot to the county canvassing
				board consistent with WAC
				434-261-070.
Statutory Authority:
				  RCW
				  29A.04.611. 08-15-052, § 434-264-055,
				  filed 7/11/08, effective 8/11/08.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-264 - Recounts › Section 434-264-060 - Machine recount of votes cast on direct recording electronic devices

Current through Register Vol. 24-14, July 15, 2024
Machine recounts must be conducted by reloading individual
				ballot data packs or cartridges. The county auditor must verify all data packs
				or cartridges have been loaded.
Statutory Authority:
				  RCW
				  29A.04.611. 07-12-032, § 434-264-060,
				  filed 5/30/07, effective 6/30/07.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-264 - Recounts › Section 434-264-070 - Manual recount of votes cast on direct recording electronic devices

Current through Register Vol. 24-14, July 15, 2024
In a manual recount, the county auditor must compare the paper
				records with the electronic results cast on direct recording electronic
				devices.
(1) Written procedures to
			 perform manual recounts of direct recording electronic devices must be
			 promulgated by the county auditor. The procedures for manually tabulating
			 results must be conducted using a process that includes the following elements:
(a) A continuous paper record must be
			 utilized; the paper record must not be cut into separate individual
			 records;
(b) If a paper record
			 indicates a ballot has been canceled, the ballot must be exempt from the
			 recount; and
(c) If the paper
			 records are incomplete, the ballot images stored on the direct recording
			 electronic device must be printed and then compared to the electronic results
			 recorded on the direct recording electronic device.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-264 - Recounts › Section 434-264-080 - Recount - Irregular votes

Current through Register Vol. 24-14, July 15, 2024
For optical and digital scan ballots in which voter intent was
				not previously determined, the validity of the vote will be determined
				according to the statewide standards on determining voter intent manual
				required by WAC
				434-261-086.
The county canvassing board must make the final determination
				of voter intent on ballots referred to the county canvassing board not
				addressed by the statewide standards on determining voter
				intent.
Statutory Authority:
				  RCW
				  29A.04.611. 07-12-032, § 434-264-080,
				  filed 5/30/07, effective 6/30/07.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-264 - Recounts › Section 434-264-090 - Manual recount - Sorting

Current through Register Vol. 24-14, July 15, 2024
All ballots must be sorted by precinct. If a results report
				from the original count or the previous machine recount can be produced by
				batch, ballots may be sorted by batch instead of precinct.
Statutory Authority:
				  RCW
				  29A.04.611,
				  29A.04.620, and
				  29A.04.630. 11-24-064, §
				  434-264-090, filed 12/6/11, effective 1/6/12. Statutory Authority:
				  RCW
				  29A.04.611. 07-12-032, § 434-264-090,
				  filed 5/30/07, effective 6/30/07.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-264 - Recounts › Section 434-264-100 - Manual recount - Counting boards

Current through Register Vol. 24-14, July 15, 2024
Each county auditor shall establish the number of counting
				boards to conduct the recount. Each board shall be comprised of no less than
				two members, made up of:
(1) One
			 representative from each of the two major political parties; or
(2) Two staff persons.
Statutory Authority:
				  RCW
				  29A.04.611. 07-20-074, § 434-264-100,
				  filed 10/1/07, effective 11/1/07; 07-12-032, § 434-264-100, filed 5/30/07,
				  effective 6/30/07.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-264 - Recounts › Section 434-264-110 - Manual recount-Process

Current through Register Vol. 24-14, July 15, 2024
The counting board may only count the responses for one race
				or measure at a time. The following process to count the ballots shall be used
				during a recount.
(1) Each counting
			 board shall be given the ballots one precinct or batch at a time. The results
			 from the original count shall not be given to the counting board with the
			 ballots. The precinct or batch number must be made available to any
			 observers.
(2) The counting board
			 shall sort the ballots into separate stacks for each of the candidates or side
			 of a ballot measure. Additional stacks may be created for overvotes,
			 undervotes, and write-ins.
(3)
			 Members of the counting board must manually count each sorted stack at least
			 twice to confirm the number of votes . The results of the manual count shall
			 not be shared until each stack's count has been confirmed.
(4) If the manual stack counts match, the
			 counting board shall report the results to the designated staff person and the
			 results shall be compared to the precinct or batch results previously
			 certified.
(5) If the manual counts
			 do not match the precinct or batch results previously certified, the ballots
			 shall be counted by the same counting board one more time. If the manual counts
			 still do not match the precinct or batch results previously certified, the
			 discrepancy must be reported to the designated staff person and the ballots
			 referred to another counting board to be confirmed.
(6) Once the results are confirmed, the
			 canvassing board shall amend both the cumulative and precinct abstracts to
			 reflect the results of the recount as required by
			 RCW
			  29A.64.061.
Statutory Authority:
				  RCW
				   29A.04.611. 09-12-078, § 434-264-110,
				  filed 5/29/09, effective 6/29/09; 07-12-032, § 434-264-110, filed 5/30/07,
				  effective 6/30/07.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-264 - Recounts › Section 434-264-120 - Recount - Interruption

Current through Register Vol. 24-14, July 15, 2024
If the recount must be stopped prior to its completion for any
				reason, the ballots must be placed in secure storage until the resumption of
				the recount. The observers must be allowed to witness the sealing of the
				ballots and the recording of the seal numbers. Observers must also be allowed
				to witness the confirmation of the seal numbers at the resumption of the
				recount.
Statutory Authority:
				  RCW
				  29A.04.611. 07-12-032, § 434-264-120,
				  filed 5/30/07, effective 6/30/07.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-264 - Recounts › Section 434-264-130 - Recount - Completion

Current through Register Vol. 24-14, July 15, 2024
On completion of the recount:
(1) The county auditor must prepare an
			 amended abstract of the recounted ballots for the county canvassing board. The
			 amended abstract must include a revised cumulative summary, as well as the
			 votes cast in each precinct for the office or measure that was
			 recounted.
(2) The results must be
			 formally reviewed and approved by the county canvassing board.
(3) If the results of the manual count do not
			 match the results of the original count, the county canvassing board must
			 verify all ballots have been recounted. The county canvassing board shall take
			 all necessary steps to investigate and resolve any discrepancies.
(4) The county canvassing board must certify
			 the amended abstract that, for each precinct, displays the results of the
			 office that has been recounted. The new abstract must be included in the
			 amended certified canvass report.
(5) Copies of the certified amended abstract
			 must be distributed to the same persons or agencies as the original certified
			 abstract of votes.
(6) The amended
			 certified canvass report must be available to the public by the next business
			 day following the recount.
(7)
			 Interim reports of the recount may be published at the discretion of the county
			 canvassing board.
(8) If the
			 recount involves ballots from more than one county, the secretary of state may
			 require that amended abstracts be certified by each county canvassing board on
			 a uniform date.
Statutory Authority:
				  RCW
				  29A.04.611,
				  29A.04.620, and
				  29A.04.630. 11-24-064, §
				  434-264-130, filed 12/6/11, effective 1/6/12. Statutory Authority:
				  RCW
				  29A.04.611. 07-12-032, § 434-264-130,
				  filed 5/30/07, effective 6/30/07.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-291 - Special elections for major public energy project bond measures › Section 434-291-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
The regulations in this chapter are adopted to implement the
				special election provisions of chapter 6, Laws of 1981 2nd ex. sess.
				(Initiative Measure 394) and chapter 88, Laws of 1982, in a manner reasonably
				consistent with the laws and procedures for referring initiatives, referendums,
				and constitutional amendments at a state general election.
98-08-010, recodified as § 434-291-010, filed 3/18/98,
				  effective 3/18/98. Statutory Authority: RCW 29.04.080 and 29.81.070. 82-12-022
				  (Order 82-1), § 434-91-010, filed
				  5/25/82.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-291 - Special elections for major public energy project bond measures › Section 434-291-020 - Submission of a preliminary and a final cost-effectiveness study of a major public energy project

Current through Register Vol. 24-14, July 15, 2024
(1) Any public
			 agency which intends to hold a special election pursuant to
			 RCW
			  80.52.040 shall file with the secretary of
			 state a preliminary, independent cost-effectiveness study of the project under
			 consideration. This study shall be available for public inspection, review, and
			 copying as provided by WAC
			 434-12A-040 through
			 434-12A-140.
(2) Any person who
			 wishes to comment on the contents and conclusions of the preliminary
			 cost-effectiveness study shall submit such comments in writing to the secretary
			 of state no later than thirty days after the preliminary cost-effectiveness
			 study was filed with the secretary of state. Copies of all such comments shall
			 be promptly forwarded to the public agency which filed the preliminary
			 cost-effectiveness study.
(3) After
			 the thirty day period for public comment has expired, the public agency shall
			 prepare a final draft of the cost-effectiveness study which includes any public
			 comment on the preliminary draft of that study. The final cost-effectiveness
			 study and a summary of the final cost-effectiveness study shall be filed with
			 the secretary of state no later than the date on which the public agency
			 requests a special election pursuant to
			 RCW
			  80.52.040.
98-08-010, recodified as § 434-291-020, filed 3/18/98,
				  effective 3/18/98. Statutory Authority: RCW 29.04.080 and 29.81.070. 82-12-022
				  (Order 82-1), § 434-91-020, filed
				  5/25/82.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-291 - Special elections for major public energy project bond measures › Section 434-291-030 - Request for an election pursuant to RCW 80.52.040

Current through Register Vol. 24-14, July 15, 2024
Any public agency which desires to hold a special election
				pursuant to
				RCW
				 80.52.040 shall submit to the secretary of
				state a certified copy of the ordinance, resolution, order, or other evidence
				of legislative action requesting such an election and specifying:
(1) The name, location, and type of major
			 public energy project, expressed in common terms;
(2) The dollar amount and type of bonds being
			 requested;
(3) If the bond revenues
			 are intended to finance the acquisition of all or a portion of a major public
			 energy project, the anticipated total cost of the acquisition of the
			 project;
(4) If the bond revenues
			 are intended to finance the planning or construction of all or a portion of a
			 major public energy project, the anticipated total cost of construction of the
			 project;
(5) The projected average
			 rate increase for consumers of the electricity to be generated by the project
			 (that amount necessary to repay the total indebtedness incurred for the
			 project, including estimated interest);
(6) A summary of the final cost effectiveness
			 study as required by
			 RCW
			  80.52.050(4);
(7) The anticipated functional life of the
			 project;
(8) The anticipated
			 decommissioning costs of the project;
(9) The reasons for requesting a special
			 election; and
(10) If the applicant
			 is a joint operating agency, a list of all of the participating public agencies
			 which are a part of that joint operating agency and the names of the counties
			 which contain all or parts of each of these public agencies.
98-08-010, recodified as § 434-291-030, filed 3/18/98,
				  effective 3/18/98. Statutory Authority: RCW 29.04.080 and 29.81.070. 82-12-022
				  (Order 82-1), § 434-91-030, filed
				  5/25/82.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-291 - Special elections for major public energy project bond measures › Section 434-291-040 - Designation of the bond issue on the ballot

Current through Register Vol. 24-14, July 15, 2024
When a public agency submits a request for a special election
				pursuant to
				RCW
				 80.52.040, the secretary of state shall
				sequentially number each bond measure to appear on the ballot, beginning with
				the number "101," and shall designate each bond measure with the title, "Major
				Public Energy Project Bond Measure" to distinguish it from other major public
				energy project bond measures and from other types of state measures. Such
				measure may be further designated on the ballot and in connection with the
				voters pamphlet arguments for and against the measure by any project name or
				number by which it is publicly known and identified.
98-08-010, recodified as § 434-291-040, filed 3/18/98,
				  effective 3/18/98. Statutory Authority: RCW 29.04.080 and 29.81.070. 82-12-022
				  (Order 82-1), § 434-91-040, filed
				  5/25/82.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-291 - Special elections for major public energy project bond measures › Section 434-291-050 - Ballot title

Current through Register Vol. 24-14, July 15, 2024
Within seven days of the receipt of a request to hold a special
				election pursuant to
				RCW
				 80.52.040, the attorney general shall prepare
				and file with the secretary of state a ballot title for each major public
				energy project bond measure formulated as required by
				RCW
				 80.52.060.
98-08-010, recodified as § 434-291-050, filed 3/18/98,
				  effective 3/18/98. Statutory Authority: RCW 29.04.080 and 29.81.070. 82-12-022
				  (Order 82-1), § 434-91-050, filed
				  5/25/82.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-291 - Special elections for major public energy project bond measures › Section 434-291-060 - Notice of the content of the preliminary cost-effectiveness study, the final cost-effectiveness study, the summary of the final cost-effectiveness study, or the ballot title

Current through Register Vol. 24-14, July 15, 2024
The secretary of state shall furnish copies of the preliminary
				cost-effectiveness study, the final cost-effectiveness study, the summary of
				the final cost-effectiveness study, or the ballot title promptly upon receipt
				to any individual who has submitted a written request for such
				notification.
98-08-010, recodified as § 434-291-060, filed 3/18/98,
				  effective 3/18/98. Statutory Authority: RCW 29.04.080 and 29.81.070. 82-12-022
				  (Order 82-1), § 434-91-060, filed
				  5/25/82.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-291 - Special elections for major public energy project bond measures › Section 434-291-070 - Actions to contest contents of the ballot title or summary of the final cost-effectiveness study

Current through Register Vol. 24-14, July 15, 2024
Any registered voter may appeal to the superior court of
				Thurston County to review the contents of the ballot title or the summary of
				the final cost-effectiveness study on a major public energy project bond
				measure up to ten days following the filing of such document with the secretary
				of state. Such appeals shall be conducted in the same manner as appeals of
				ballot titles on initiatives as provided in
				RCW
				 29A.72.080.
Statutory Authority: RCW 29A.04.610. 04-15-089, §
				  434-291-070, filed 7/16/04, effective 8/16/04. 98-08-010, recodified as §
				  434-291-070, filed 3/18/98, effective 3/18/98. Statutory Authority: RCW
				   29.04.080 and 29.81.070. 82-12-022 (Order 82-1), § 434-91-070, filed
				  5/25/82.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-291 - Special elections for major public energy project bond measures › Section 434-291-080 - Certification of the request for a special election to the county auditors

Current through Register Vol. 24-14, July 15, 2024
Within ten days of the receipt of a request to hold a special
				election pursuant to
				RCW
				 80.52.040, the secretary of state shall
				certify the title of the measure and the ballot title to the county auditor in
				each county containing a portion of the public agency requesting the
				election.
98-08-010, recodified as § 434-291-080, filed 3/18/98,
				  effective 3/18/98. Statutory Authority: RCW 29.04.080 and 29.81.070. 82-12-022
				  (Order 82-1), § 434-91-080, filed
				  5/25/82.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-291 - Special elections for major public energy project bond measures › Section 434-291-090 - Recommendations for committees to draft statements for the voters pamphlet

Current through Register Vol. 24-14, July 15, 2024
Any person who wishes to be appointed to serve on a committee
				to draft the arguments in favor of or in opposition to a major public energy
				project bond measure or any person who wishes to recommend any individual to
				serve on such a committee may submit such request or recommendation in writing
				to the secretary of state up to ten days following the receipt of a request to
				hold a special election pursuant to WAC 434-91-030.
98-08-010, recodified as § 434-291-090, filed 3/18/98,
				  effective 3/18/98. Statutory Authority: RCW 29.04.080 and 29.81.070. 82-12-022
				  (Order 82-1), § 434-91-090, filed
				  5/25/82.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-291 - Special elections for major public energy project bond measures › Section 434-291-100 - Appointment of committees

Current through Register Vol. 24-14, July 15, 2024
Within fifteen days of the receipt of a request to hold a
				special election pursuant to
				RCW
				 80.52.040, the secretary of state shall
				appoint a committee of three persons to write the arguments and rebuttals in
				favor of the major public energy project bond measure and a committee of three
				persons to write the arguments and rebuttals in opposition to the major public
				energy project bond measure. The secretary of state shall designate one of the
				members of each committee to serve as the chairperson of that
				committee.
98-08-010, recodified as § 434-291-100, filed 3/18/98,
				  effective 3/18/98. Statutory Authority: RCW 29.04.080 and 29.81.070. 82-12-022
				  (Order 82-1), § 434-91-100, filed
				  5/25/82.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-291 - Special elections for major public energy project bond measures › Section 434-291-110 - Advisory committees

Current through Register Vol. 24-14, July 15, 2024
The persons appointed to a committee to write arguments and
				rebuttals on a major public energy project may, within fifteen days of their
				appointment, select an advisory committee of up to five persons to assist them
				in drafting the arguments and rebuttals on that measure. The names of the
				members of the advisory committee shall be certified to the secretary of state
				by the chairperson of that committee within three days of their
				selection.
98-08-010, recodified as § 434-291-110, filed 3/18/98,
				  effective 3/18/98. Statutory Authority: RCW 29.04.080 and 29.81.070. 82-12-022
				  (Order 82-1), § 434-91-110, filed
				  5/25/82.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-291 - Special elections for major public energy project bond measures › Section 434-291-120 - Submission of arguments and rebuttals

Current through Register Vol. 24-14, July 15, 2024
At least sixty days prior to the special election on the major
				public energy project bond measure, each committee appointed pursuant to WAC
				434-91-100 shall submit an argument for or against that measure to the
				secretary of state in the form and style prescribed for other voters pamphlet
				statements in WAC 434-81-060 through 434-81-070. As soon as both arguments on a
				major public energy bond measure have been received, the secretary of state
				shall transmit each argument to the opposing committee. At least fifty days
				prior to the special election on the major public energy project bond measure,
				each committee shall submit a rebuttal of the opposing argument in the form and
				style prescribed for other voters pamphlet rebuttals in WAC 434-81-060 through
				434-81-070.
98-08-010, recodified as § 434-291-120, filed 3/18/98,
				  effective 3/18/98. Statutory Authority: RCW 29.04.080 and 29.81.070. 82-12-022
				  (Order 82-1), § 434-91-120, filed
				  5/25/82.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-291 - Special elections for major public energy project bond measures › Section 434-291-130 - Permissible costs in allocation of election expenses

Current through Register Vol. 24-14, July 15, 2024
County auditors may include in the election costs to be
				allocated pursuant to
				RCW
				 29A.04.420 any of the following types of
				charges:
(1) Salaries, wages, and
			 benefits for precinct officers and part-time or temporary employees whose
			 responsibilities are directly attributable to the election, and for that
			 portion of the time of regular employees (other than the county auditor) which
			 is directly attributable the election;
(2) Supplies specifically required for the
			 election, including stationery, forms, other office supplies, and items for the
			 repair and maintenance of equipment;
(3) Telephone and postage costs which are
			 directly attributable to the election;
(4) Cartage or freight charges for moving or
			 delivering voting machines, voting devices, voting booths, or delivery of
			 precinct supplies and travel expenses for delivery of precinct
			 returns;
(5) Legal notices and
			 published instructions in connection with the election, closing of
			 registration, or canvassing;
(6)
			 Printing of ballots, poll books, tally books, instructions, signs, and other
			 precinct supplies;
(7) Repairs and
			 maintenance of voting and vote tallying equipment;
(8) Rentals for polling places and storage
			 facilities for voting machines or devices;
(9) Depreciation for voting equipment so long
			 as such charges over the useful life of such equipment do not exceed the
			 original value of the equipment;
(10) That portion of the overhead cost of
			 buildings or office space which is equal to the total of such costs multiplied
			 by the ratio of the number of employee hours directly attributable to the major
			 public energy project bond measure and the total number of employee hours for
			 that office;
(11) Data processing
			 costs for programming related to the election and for machine time for program
			 testing, and vote tallying.
Statutory Authority: RCW 29A.04.610. 04-15-089, §
				  434-291-130, filed 7/16/04, effective 8/16/04. 98-08-010, recodified as §
				  434-291-130, filed 3/18/98, effective 3/18/98. Statutory Authority: RCW
				   29.04.080 and 29.81.070. 82-12-022 (Order 82-1), § 434-91-130, filed
				  5/25/82.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-291 - Special elections for major public energy project bond measures › Section 434-291-140 - Allocation of costs

Current through Register Vol. 24-14, July 15, 2024
The portion of total election costs in each county which shall
				be allocated to the public agency requesting a special election pursuant to
				RCW
				 80.52.040 shall be equal to the total cost of
				conducting that election multiplied by a quotient the numerator of which is the
				product of the number of registered voters in that county eligible to vote on
				the major public energy project bond measure or measures and the number of such
				measures submitted at that election and the denominator of which is the sum of
				the products of the number of registered voters in each jurisdiction for which
				candidates or measures appeared on the ballot at that election and the number
				of offices or issues attributable to that jurisdiction.
98-08-010, recodified as § 434-291-140, filed 3/18/98,
				  effective 3/18/98. Statutory Authority: RCW 29.04.080 and 29.81.070. 82-12-022
				  (Order 82-1), § 434-91-140, filed
				  5/25/82.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-291 - Special elections for major public energy project bond measures › Section 434-291-150 - Documentation of charges for proportional share of election costs

Current through Register Vol. 24-14, July 15, 2024
The county auditor of each county in which a major public
				energy project bond measure appeared on the ballot shall submit to the
				secretary of state a summary of the total cost of the election in that county,
				a description of the allocation of that cost among the jurisdiction
				participating in that election and an invoice voucher for the proportional
				share of those costs attributable to the major public energy bond measure or
				measures. The secretary of state shall review and audit all such claims and
				combine them into one or more billings for the public agency which requested
				the election.
98-08-010, recodified as § 434-291-150, filed 3/18/98,
				  effective 3/18/98. Statutory Authority: RCW 29.04.080 and 29.81.070. 82-12-022
				  (Order 82-1), § 434-91-150, filed
				  5/25/82.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-291 - Special elections for major public energy project bond measures › Section 434-291-160 - Proportional costs of voters pamphlet and other costs to the secretary of state

Current through Register Vol. 24-14, July 15, 2024
The secretary of state may include in the election costs to be
				allocated pursuant to
				RCW
				 80.52.050(5) any of the
				following types of charges:
(1) That
			 portion of the salaries, wages, and benefits for regular employees (other than
			 the secretary of state) and part-time or temporary employees which is directly
			 attributable to the preparation and distribution of the voters pamphlet or
			 other aspects of the administration and conduct of the major public energy
			 project bond election;
(2) That
			 portion of the cost of office supplies, equipment, telephones, postage,
			 freight, travel, and data processing which is equal to the total of such costs
			 multiplied by the ratio of the number of employee hours of the employees of the
			 administrative division and the elections division of the office of the
			 secretary of state directly attributable to the major public energy project
			 bond measure and the total number of employee hours for such employees over the
			 same period of time;
(3) That
			 portion of the costs of typesetting, composition, printing, postage, and
			 distribution of the voters pamphlet which is equal to the total of such costs
			 multiplied by the ratio of the number of pages of the pamphlet directly
			 attributable to the major public energy project bond measure and the total
			 number of pages in the pamphlet; and
(4) The costs of any litigation related to
			 the administration and conduct of a special election on a major public energy
			 project bond measure other than for such actions which have been commenced
			 prior to July 1, 1982.
The secretary of state shall include a detailed summary of any
				costs attributable to the major public energy project bond measure in one or
				more of the billings for the public agency which requested the
				election.
98-08-010, recodified as § 434-291-160, filed 3/18/98,
				  effective 3/18/98. Statutory Authority: RCW 29.04.080 and 29.81.070. 82-12-022
				  (Order 82-1), § 434-91-160, filed
				  5/25/82.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-291 - Special elections for major public energy project bond measures › Section 434-291-170 - Reimbursement to counties for proportional share of election costs

Current through Register Vol. 24-14, July 15, 2024
Upon receipt of payment by the applicant, the secretary of
				state shall disburse the appropriate amounts to each county in the same manner
				as election costs are reimbursed pursuant to
				RCW
				 29A.04.420.
Statutory Authority: RCW 29A.04.610. 04-15-089, §
				  434-291-170, filed 7/16/04, effective 8/16/04. 98-08-010, recodified as §
				  434-291-170, filed 3/18/98, effective 3/18/98. Statutory Authority: RCW
				   29.04.080 and 29.81.070. 82-12-022 (Order 82-1), § 434-91-170, filed
				  5/25/82.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-324 - Statewide voter registration database › Section 434-324-008 - Election management system

Current through Register Vol. 24-14, July 15, 2024
The secretary of state shall provide an election management
				system that has the capability to:
(1)
			 Store information required in WAC
			 434-324-010;
(2) Generate a list of registered voters in a
			 county and their registration statuses;
(3) Track information specific to single
			 elections, including the issuance and return of ballots;
(4) Scan voter registration forms;
			 and
(5) Store and provide access to
			 images of signatures of registered voters.
The election management system must conform to all of the
				requirements of state law and of these regulations.
Statutory Authority:
				  RCW
				   29A.04.611,
				  29A.04.620, and
				  29A.04.630. 11-24-064, §
				  434-324-008, filed 12/6/11, effective 1/6/12. Statutory Authority:
				  RCW
				   29A.04.611. 09-18-098, § 434-324-008,
				  filed 9/1/09, effective 10/2/09; 05-24-039, § 434-324-008, filed 11/30/05,
				  effective 12/31/05.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-324 - Statewide voter registration database › Section 434-324-010 - Election management system-Applications for voter registration

Current through Register Vol. 24-14, July 15, 2024
(1) Each auditor
			 must enter and maintain voter registration records in the official statewide
			 voter registration database by using the election management system. Each
			 record must contain at least the following information from the voter
			 registration application in a format compatible with the official statewide
			 voter registration database:
(a)
			 Name;
(b) Complete residential
			 address;
(c) Complete mailing
			 address;
(d) Voter registration
			 number;
(e) Gender;
(f) Date of birth;
(g) Date of original registration;
(h) Applicable district and precinct
			 codes;
(i) Elections in which the
			 individual was eligible to vote and if the voter voted, if available;
(j) Washington state driver license number,
			 Washington state identification card number, valid tribal identification card,
			 and/or the last four digits of the applicant's Social Security number;
			 and
(k) An electronic scanned image
			 file of the applicant's signature.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-324 - Statewide voter registration database › Section 434-324-020 - County codes

Current through Register Vol. 24-14, July 15, 2024
All auditors shall use the following system of two character
				codes for designating the county in which the voter is registered:
(1) Adams: AD;
(2) Asotin: AS;
(3) Benton: BE;
(4) Chelan: CH;
(5) Clallam: CM;
(6) Clark: CR;
(7) Columbia: CU;
(8) Cowlitz: CZ;
(9) Douglas: DG;
(10) Ferry: FE;
(11) Franklin: FR;
(12) Garfield: GA;
(13) Grant: GR;
(14) Grays Harbor: GY;
(15) Island: IS;
(16) Jefferson: JE;
(17) King: KI;
(18) Kitsap: KP;
(19) Kittitas: KS;
(20) Klickitat: KT;
(21) Lewis: LE;
(22) Lincoln: LI;
(23) Mason: MA;
(24) Okanogan: OK;
(25) Pacific: PA;
(26) Pend Oreille: PE;
(27) Pierce: PI;
(28) San Juan: SJ;
(29) Skagit: SK;
(30) Skamania: SM;
(31) Snohomish: SN;
(32) Spokane: SP;
(33) Stevens: ST;
(34) Thurston: TH;
(35) Wahkiakum: WK;
(36) Walla Walla: WL;
(37) Whatcom: WM;
(38) Whitman: WT; and
(39) Yakima: YA.
Statutory Authority:
				  RCW
				  29A.04.611,
				  29A.04.620, and
				  29A.04.630. 11-24-064, §
				  434-324-020, filed 12/6/11, effective 1/6/12. Statutory Authority:
				  RCW
				  29A.04.611. 05-24-039, § 434-324-020,
				  filed 11/30/05, effective 12/31/05. Statutory Authority: RCW  29.04.080,
				  29.04.210, 29.36.150 and 29.79.200. 97-21-045, recodified as §
				  434-324-020, filed 10/13/97, effective 11/13/97; Order 74-4, § 434-24-020,
				  filed 6/3/74; Order 6, § 434-24-020, filed
				  3/3/72.