reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-260 - Election review process and certification of election administrators › Section 434-260-200 - Standards for evaluating appeals

Current through Register Vol. 24-14, July 15, 2024
In determining whether or not an appeal filed pursuant to
				RCW
				 29A.04.570 and WAC
				434-260-160 should be upheld and
				the final scheduled review report either modified or set aside, the election
				administration and certification board shall consider the following
				factors:
(1) Whether or not the course
			 of action or activity recommended by the review staff is required by federal or
			 state law or by administrative rule;
(2) Whether or not the findings or the course
			 of action or activity recommended by the review staff enhances the
			 standardization and uniformity of election practices and procedures throughout
			 the state;
(3) Whether or not the
			 findings or the course of action or activity recommended by the review staff
			 enhances the security or integrity of the ballots or the ballot counting
			 process;
(4) Whether or not the
			 course of action or activity recommended by the review staff would cause
			 unnecessary hardship or expense to the county making the appeal.
Statutory Authority: RCW 29A.04.610. 04-15-089, §
				  434-260-200, filed 7/16/04, effective 8/16/04. Statutory Authority: RCW
				   29.60.020. 99-12-004, § 434-260-200, filed 5/19/99, effective 6/19/99.
				  98-08-010, recodified as § 434-260-200, filed 3/18/98, effective 3/18/98.
				  Statutory Authority: RCW  29.60.020. 93-18-053, § 434-60-200, filed
				  8/30/93, effective 9/30/93.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-260 - Election review process and certification of election administrators › CERTIFICATION OF ELECTION ADMINISTRATORS › Section 434-260-220 - Certification of election administrators

Current through Register Vol. 24-14, July 15, 2024
Election administrators shall become certified upon
				  completion of the following:
(1)
				Completion of the secretary of state's mandatory certification
				course;
(2) Two years of service in
				election administration during the three-year period immediately prior to the
				request for initial certification;
(3) Taking and passing the open book written
				exam on Title 29A RCW, Title 434 WAC, the Washington state Constitution, and
				other applicable state and federal election laws as prepared by the secretary
				of state;
(4) A minimum of forty
				hours participation in conferences and workshops as preapproved by the
				secretary of state.
(a) At least thirty of
				the required forty hours must be election-specific training.
(i) At least twenty hours of election
				training must specifically address Washington state elections and must include
				training hours from attending an annual Washington elections
				conference.
(ii) Up to four hours
				of training may be for observing election procedures in other county election
				departments.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-260 - Election review process and certification of election administrators › CERTIFICATION OF ELECTION ADMINISTRATORS › Section 434-260-225 - Certification of assistant election administrators

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority: RCW  29.60.020. 01-11-111, §
					 434-260-225, filed 5/21/01, effective 6/21/01; 99-12-004, § 434-260-225,
					 filed 5/19/99, effective 6/19/99.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-260 - Election review process and certification of election administrators › CERTIFICATION OF ELECTION ADMINISTRATORS › Section 434-260-235 - Recertification of assistant election administrators as election administrators

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					  29A.04.611. 08-15-052, § 434-260-235,
					 filed 7/11/08, effective 8/11/08. Statutory Authority: RCW  29.60.020.
					 99-12-004, § 434-260-235, filed 5/19/99, effective
					 6/19/99.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-260 - Election review process and certification of election administrators › CERTIFICATION OF ELECTION ADMINISTRATORS › Section 434-260-240 - Mandatory certification course

Current through Register Vol. 24-14, July 15, 2024
(1) All election administrators shall attend
				a mandatory certification course sponsored by the secretary of state to be
				eligible for certification. The mandatory certification course will be offered
				to election administrators annually.
(2) The mandatory certification course will
				consist of at least eight hours of training in election-related
				subjects.
Statutory Authority:
					 RCW
					  29A.04.611. 07-12-032, § 434-260-240,
					 filed 5/30/07, effective 6/30/07. Statutory Authority: RCW  29.60.020.
					 99-12-004, § 434-260-240, filed 5/19/99, effective 6/19/99. 98-08-010,
					 recodified as § 434-260-240, filed 3/18/98, effective 3/18/98. Statutory
					 Authority: RCW  29.60.020. 94-07-018, § 434-60-240, filed 3/8/94, effective
					 4/8/94.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-260 - Election review process and certification of election administrators › CERTIFICATION OF ELECTION ADMINISTRATORS › Section 434-260-260 - Open book written test

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority: RCW  29A.04.610. 04-15-089, §
					 434-260-260, filed 7/16/04, effective 8/16/04. Statutory Authority: RCW
					  29.60.020. 99-12-004, § 434-260-260, filed 5/19/99, effective 6/19/99.
					 98-08-010, recodified as § 434-260-260, filed 3/18/98, effective 3/18/98.
					 Statutory Authority: RCW  29.60.020. 94-07-018, § 434-60-260, filed 3/8/94,
					 effective 4/8/94.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-260 - Election review process and certification of election administrators › CERTIFICATION OF ELECTION ADMINISTRATORS › Section 434-260-300 - Renewal of certification as an election administrator

Current through Register Vol. 24-14, July 15, 2024
Applications for certification renewal must be submitted by
				  December 31st of every odd-numbered year. The secretary of state will renew
				  certification with the following qualifications:
(1) Continuous service as an election
				administrator during the two years for which renewal is required.
(2) Participation in a minimum of forty hours
				of conferences and workshops attended within the renewal period, as preapproved
				by the secretary of state.
(a) At least
				thirty of the required forty hours must be election-specific training.
(i) At least twenty hours of election
				training must specifically address Washington state elections and must include
				training hours from attending an annual Washington elections
				conference.
(ii) Up to four hours
				of training may be for observing election procedures in other county election
				departments.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-260 - Election review process and certification of election administrators › CERTIFICATION OF ELECTION ADMINISTRATORS › Section 434-260-305 - Maintaining certification as an assistant election administrator

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					  29A.04.611. 09-18-098, § 434-260-305,
					 filed 9/1/09, effective 10/2/09. Statutory Authority: RCW  29.60.020. 01-11-111,
					 § 434-260-305, filed 5/21/01, effective 6/21/01; 99-12-004, §
					 434-260-305, filed 5/19/99, effective
					 6/19/99.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-260 - Election review process and certification of election administrators › CERTIFICATION OF ELECTION ADMINISTRATORS › Section 434-260-307 - Recerti-fication of election administrator

Current through Register Vol. 24-14, July 15, 2024
Certification as an election administrator shall expire when
				  minimum requirements for certification renewal are not met . An election
				  administrator may recertify within two years of certification expiration. To
				  recertify, an election administrator must:
(1) Attend the secretary of state's mandatory
				certification course;
(2) Have two
				years continuous service as an election administrator immediately prior to the
				date of a request for recertification;
(3) Take and pass a recertification
				exam;
(4) Attend twenty hours of
				Washington state election-specific training as defined in WAC
				434-260-220.
To maintain certification, a recertified election
				  administrator must take an additional twenty hours of training as required by
				  WAC
				  434-260-300
				  by the next renewal deadline.
An election administrator shall be allowed one
				  recertifi-cation in any ten-year period.
New recertification requirements are effective January 1,
				  2020.
Statutory Authority: RCW  29.60.020. 01-11-111, §
					 434-260-307, filed 5/21/01, effective
					 6/21/01.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-260 - Election review process and certification of election administrators › CERTIFICATION OF ELECTION ADMINISTRATORS › Section 434-260-309 - Lapse of certification of assistant election administrator

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority: RCW  29.60.020. 01-11-111, §
					 434-260-309, filed 5/21/01, effective
					 6/21/01.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-260 - Election review process and certification of election administrators › CERTIFICATION OF ELECTION ADMINISTRATORS › Section 434-260-310 - Applications

Current through Register Vol. 24-14, July 15, 2024
The secretary of state shall make available certification
				  applications to election administrators. Applications to renew certification
				  must be submitted to the secretary of state by December 31st each odd-numbered
				  year.
Two-year renewal requirements are effective January 1,
				  2020.
Statutory Authority:
					 RCW
					  29A.04.611. 09-18-098, § 434-260-310,
					 filed 9/1/09, effective 10/2/09. Statutory Authority:
					 RCW
					  29A.04.611,
					 29A.04.530. 06-02-028, §
					 434-260-310, filed 12/28/05, effective 1/28/06. Statutory Authority:
					 RCW
					  29A.04.611. 05-17-145, § 434-260-310,
					 filed 8/19/05, effective 9/19/05. Statutory Authority: RCW  29.60.020.
					 99-12-004, § 434-260-310, filed 5/19/99, effective 6/19/99. 98-08-010,
					 recodified as § 434-260-310, filed 3/18/98, effective 3/18/98. Statutory
					 Authority: RCW  29.60.020. 94-07-018, § 434-60-310, filed 3/8/94, effective
					 4/8/94.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-260 - Election review process and certification of election administrators › CERTIFICATION OF ELECTION ADMINISTRATORS › Section 434-260-320 - Training program for county canvassing board members

Current through Register Vol. 24-14, July 15, 2024
The secretary of state shall prepare a training program for
				  county canvassing board members. The training shall be made available upon
				  request.
Statutory Authority: RCW  29.60.020. 99-12-004, §
					 434-260-320, filed 5/19/99, effective 6/19/99. 98-08-010, recodified as §
					 434-260-320, filed 3/18/98, effective 3/18/98. Statutory Authority: RCW
					  29.60.020. 94-07-018, § 434-60-320, filed 3/8/94, effective
					 4/8/94.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-260 - Election review process and certification of election administrators › CERTIFICATION OF ELECTION ADMINISTRATORS › Section 434-260-350 - Approval of training programs

Current through Register Vol. 24-14, July 15, 2024
All training programs referenced in these rules may be
				  subject to review by the election administration and certification board. Such
				  review shall be only for the purpose of determining whether the training
				  satisfies requirements for certification.
Statutory Authority: RCW 29.60.020. 99-12-004, §
					 434-260-350, filed 5/19/99, effective 6/19/99. 98-08-010, recodified as §
					 434-260-350, filed 3/18/98, effective 3/18/98. Statutory Authority: RCW
					  29.60.020. 94-07-018, § 434-60-350, filed 3/8/94, effective
					 4/8/94.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-261 - Counting center procedures › Section 434-261-005 - Definitions

Current through Register Vol. 24-14, July 15, 2024
(1) "Manual
			 inspection" is the process of inspecting each voter response position on each
			 voted ballot. Inspection is performed as part of the initial
			 processing;
(2) "Ballot
			 duplication" is the process of making a true copy of valid votes from a
			 physically damaged ballot or a ballot that is unreadable or uncountable by the
			 tabulation system onto a paper or electronic blank ballot to ensure the ballot
			 may be correctly tabulated by the tabulation system. The original ballot may
			 not be altered. Teams of two or more people working together must duplicate
			 ballots according to voter intent as per WAC
			 434-261-086. A log of duplicated
			 ballots must be signed by the two or more people who duplicated the
			 ballots;
(3) "Ballot resolution" is
			 the process of making changes on a voted electronic ballot image to ensure the
			 ballot is tabulated according to the voter's intent. The changes must reflect
			 the voter intent as per WAC
			 434-261-086 and the original
			 ballot may not be altered. Changes must be made by teams of two or more people
			 working together. A log of resolved ballots must be signed by the two or more
			 people resolving the ballots;
(4)
			 "Readable ballot" is any ballot that the certified vote tallying system can
			 accept and read as the voter intended without alteration, and that meets the
			 standards of the county canvassing board subject to the provisions contained in
			 this title;
(5) "Unreadable ballot"
			 is any ballot that cannot be read by the vote tallying system as the voter
			 intended without alteration. Unreadable ballots may subsequently be counted as
			 provided by these administrative rules;
(6) "Valid signature" on a ballot declaration
			 for a registered voter eligible to vote in the election is:
(a) A signature verified against the voter's
			 signature in the voter registration file attesting to the voter registration
			 oath;
(b) A mark witnessed by two
			 people; or
(c) A signature verified
			 against the voter's signature in the voter registration file attesting to the
			 ballot declaration.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-261 - Counting center procedures › Section 434-261-007 - Broken or missing seals

Current through Register Vol. 24-14, July 15, 2024
If a seal is missing or broken without authority, all
				subsequent steps taken must be documented and included in a report to the
				canvassing board.
Statutory Authority:
				  RCW
				  29A.04.611. 06-14-050, § 434-261-007,
				  filed 6/28/06, effective 7/29/06.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-261 - Counting center procedures › Section 434-261-010 - Counting center location - Direction of proceedings

Current through Register Vol. 24-14, July 15, 2024
The county auditor shall designate a location to serve as the
				counting center. If that location is other than the county auditor's office or
				county election office, the auditor shall include the location of the counting
				center in the published notice of elections. The county auditor shall be
				responsible for all counting center functions. Within the counting center, no
				person except those authorized by the county auditor may touch any ballot or
				ballot container, or operate a vote tallying system. The auditor shall identify
				either by roster or identification tag, or both, those persons so authorized.
				The vote tallying process shall be open to the public to the extent that public
				observation does not interfere with the proceedings or jeopardize the security
				of the ballots. The auditor shall establish local administrative rules
				pertaining to public observers including the media and how they may be
				accommodated and the necessary limitations thereto.
Statutory Authority:
				  RCW
				  29A.04.611,
				  29A.04.620, and
				  29A.04.630. 11-24-064, §
				  434-261-010, filed 12/6/11, effective 1/6/12. Statutory Authority: RCW
				   29.04.080, 29.04.210, 29.36.150 and 29.79.200. 97-21-045, recodified as §
				  434-261-010, filed 10/13/97, effective 11/13/97. Statutory Authority: RCW
				   29.04.080 and 29.04.210. 92-10-038, § 434-61-010, filed 5/4/92, effective
				  6/4/92.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-261 - Counting center procedures › Section 434-261-020 - Observers

Current through Register Vol. 24-14, July 15, 2024
Counting center operations shall be observed by at least one
				representative from each political party, if representatives have been
				appointed by the respective political parties and those representatives are
				present while the counting center is in operation.
Prior to processing ballots for a primary or election, the
				county auditor shall notify the major political parties in writing of the
				maximum number of official observers allowed to observe ballot processing and
				the date ballot processing begins. Where more than one observer is appointed,
				the political party shall designate one of the observers as supervisor. The
				county auditor may require observers to receive training with respect to ballot
				processing procedures and the vote tallying system.
Before final assignment as observers, major political party
				representatives so appointed shall be reviewed by the county auditor, who may
				refuse to approve any person so appointed. In the event the auditor rejects a
				person designated, he or she shall promptly notify the political party
				concerned and request that a substitute observer be appointed, and shall ensure
				that the substitute observer is trained.
Representatives of the major political parties appointed as
				observers shall be identified by roster, including assigned observer stations
				if more than one in the counting center, and by identification tags which will
				indicate the observer's name and the party represented.
The counting center is under the direction of the county
				auditor. All observers are authorized to observe the processing of ballots for
				the current election as defined by WAC
				434-250-110. Observers may not
				touch or record images of voted ballots, challenge signature check decisions,
				object to decisions to count or not count votes or ballots, or disrupt ballot
				processing. The county auditor shall provide written rules for observers. The
				county auditor may require an observer who does not follow the established
				rules to leave the counting center.
Statutory Authority:
				  RCW
				   29A.04.611,
				  29A.04.620, and
				  29A.04.630. 11-24-064, §
				  434-261-020, filed 12/6/11, effective 1/6/12. Statutory Authority: RCW
				   29A.04.610. 04-15-089, § 434-261-020, filed 7/16/04, effective 8/16/04.
				  Statutory Authority: RCW  29.04.080, 29.04.210, 29.36.150 and 29.79.200.
				  97-21-045, recodified as § 434-261-020, filed 10/13/97, effective
				  11/13/97. Statutory Authority: RCW  29.04.080 and 29.04.210. 92-10-038, §
				  434-61-020, filed 5/4/92, effective
				  6/4/92.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-261 - Counting center procedures › Section 434-261-045 - Secure storage

Current through Register Vol. 24-14, July 15, 2024
Secure storage is a container or room that stores voted
				ballots and electronic data containing voted ballot images. Secure storage must
				employ the use of numbered seals and logs, or other security measures, that
				document each individual's access to the voted ballots or voted ballot images,
				and detect inappropriate access to the secure storage. Voted ballots and voted
				electronic ballot images must remain in secure storage except during
				processing, duplication, resolution, inspection by the canvassing board, or
				tabulation. Unsecured ballots must be accompanied by at least two county
				auditor staff at all times.
A secure location is a room or other facility where programming
				and equipment used for ballot tabulation are stored. A secure location must use
				the same security measures as for voted ballots and voted ballot images.
Use of numbered seals requires:
(1) A seal log that documents the numbers of
			 the seals and the individuals applying or removing seals; and
(2) At least two individuals present when
			 seals are applied or removed. Both must sign the seal log.
Closing of unstaffed ballot boxes must follow WAC
				434-250-100.
				Voted ballots and voted ballot images may only be accessed in accordance with
				RCW
				 29A.60.110 and
				29A.60.125.
Statutory Authority:
				  RCW
				   29A.04.611. 09-03-110, § 434-261-045,
				  filed 1/21/09, effective 2/21/09; 06-11-042, § 434-261-045, filed 5/10/06,
				  effective 6/10/06. Statutory Authority:
				  RCW
				   29A.04.611,
				  29A.04.530. 06-02-028, §
				  434-261-045, filed 12/28/05, effective
				  1/28/06.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-261 - Counting center procedures › Section 434-261-050

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				   29A.04.611. 12-14-074, § 434-261-050,
				  filed 7/2/12, effective 8/2/12. Statutory Authority:
				  RCW
				   29A.04.611,
				  29A.04.620, and
				  29A.04.630. 11-24-064, §
				  434-261-050, filed 12/6/11, effective 1/6/12. Statutory Authority:
				  RCW
				   29A.04.611,
				  29A.08.420,
				  29A.24.131,
				  29A.40.110, 29A.46.020, and
				  29A.80.041. 10-14-091, §
				  434-261-050, filed 7/6/10, effective 8/6/10. Statutory Authority:
				  RCW
				   29A.04.611. 06-23-094, § 434-261-050,
				  filed 11/15/06, effective 12/16/06; 06-14-050, § 434-261-050, filed
				  6/28/06, effective 7/29/06; 05-17-145, § 434-261-050, filed 8/19/05,
				  effective 9/19/05.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-261 - Counting center procedures › Section 434-261-051 - Standards for verifying ballot declaration signatures

Current through Register Vol. 24-14, July 15, 2024
(1) This regulation, together with WAC
			 434-261-052 and 434-261-053, describes the process for verifying that a
			 signature on the ballot declaration is the same as the signature(s) in the
			 voter registration record.
(2) At
			 each stage of the signature verification process, there is a presumption that
			 the signature on the ballot declaration is the voter's signature.
(3) When reviewing ballot declaration
			 signatures, staff assigned to verify signatures shall consider the following
			 criteria:
(a) Agreement in style and general
			 appearance, including basic construction, skill, alignment, fluency, and a
			 general uniformity and consistency between signatures;
(b) Agreement in the proportions of
			 individual letters, characters, or symbols, height to width, and heights of the
			 upper to lower case letters, characters, or symbols;
(c) Irregular spacing, slants, or sizes of
			 letters, characters, or symbols that are duplicated in both
			 signatures;
(d) Agreement of the
			 most distinctive, unusual traits of the signatures;
(e) The ballot declaration signature is in
			 the same format as the signature(s) in the voter registration record, such as
			 in printed or cursive, various languages, pictorial, symbol, or another
			 form;
(f) Agreement of individual
			 characteristics, such as how "t's" are crossed, "i's" are dotted, or loops are
			 made on letters, characters, or symbols;
(g) Agreement of initial strokes and
			 connecting strokes of the signature;
(h) Agreement of similar endings, such as an
			 abrupt end, a long tail, or loop back around;
(i) Agreement of presence or absence of pen
			 lifts;
(j) Agreement in the way
			 names are spelled; and
(k) After
			 considering the general traits, agreement of the most distinctive, unusual
			 traits of the signatures.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-261 - Counting center procedures › Section 434-261-052 - Initial and secondary review of ballot declaration signatures

Current through Register Vol. 24-14, July 15, 2024
(1) When conducting an initial review of a
			 ballot declaration signature, the county auditor must accept the signature
			 under the following conditions:
(a) The county
			 auditor must accept the signature unless, considering the criteria in WAC
			 434-261-051, the signature on the ballot envelope has multiple, significant,
			 and obvious discrepancies from the signature(s) in the voter registration
			 record; or
(b) If the voter is
			 unable to sign their name as they are registered to vote, the signature must be
			 accepted so long as the voter has made a mark or signature stamp, and the
			 ballot declaration includes two witness signatures.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-261 - Counting center procedures › Section 434-261-053 - Ballot declaration signature cure process

Current through Register Vol. 24-14, July 15, 2024
(1) If a ballot declaration signature is not
			 accepted following secondary review, the voter used a mark or signature stamp
			 but did not include witnesses, or if the ballot declaration was not signed, the
			 ballot cannot be counted until the voter cures their signature. The voter
			 identified on the ballot return envelope must be notified as soon as
			 practicable, but no later than three business days following receipt, that the
			 signature on the ballot declaration does not match the signature(s) in the
			 voter registration record. The county must notify the voter of the procedure
			 for curing their signature by:
(a) A notice
			 letter package sent by first class mail with a signature update form or a
			 missing signature form. The form must include the ballot declaration required
			 by WAC 434-230-015. The notice letter package must also include a prepaid
			 envelope in which to return a completed signature update or missing signature
			 form. The notice letter must:
(i) Be in
			 substantially the same form as the sample notice letter created by the
			 secretary of state; and
(ii) Be
			 available in all languages required by the Department of Justice.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-261 - Counting center procedures › Section 434-261-055 - Returned ballot lacking verification of identity

Current through Register Vol. 24-14, July 15, 2024
If a voter who is provisionally registered and must still
				verify his or her identity as part of the registration process casts a ballot
				without providing adequate identification, the ballot cannot be counted unless
				the voter provides adequate identification no later than the day before
				certification of the election.
Statutory Authority:
				  RCW
				  29A.04.611,
				  29A.04.620, and
				  29A.04.630. 11-24-064, §
				  434-261-055, filed 12/6/11, effective 1/6/12. Statutory Authority:
				  RCW
				  29A.04.611. 07-24-044, § 434-261-055,
				  filed 11/30/07, effective 12/31/07; 07-02-100, § 434-261-055, filed
				  1/3/07, effective 2/3/07.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-261 - Counting center procedures › Section 434-261-070 - Manual inspection of ballots

Current through Register Vol. 24-14, July 15, 2024
(1) All voting positions on voted ballots
			 shall be manually inspected on both sides of the ballot to determine whether
			 the ballot is readable by the vote tabulating system. The county auditor must
			 ensure that write-in votes are tabulated according to
			 RCW
			  29A.60.021, consistent with the voter's
			 intent. Ballots must be inspected for overvotes, under-votes, and write-in
			 votes prior to tabulation. This manual inspection is a required part of
			 processing ballots.
(2) The state
			 of Washington is a voter intent state. When a voter's choice or intention can
			 be determined, that vote shall be counted. If the manual inspection process
			 detects any physically damaged ballots, unreadable ballots which might not be
			 correctly counted by the tabulating equipment, or marks that differ from those
			 specified in the voting instructions, such ballots may be duplicated or
			 resolved, if necessary, and counted according to the statewide standards on
			 what is a vote, as provided in WAC
			 434-261-086.
			 The county canvassing board may authorize the county auditor to duplicate
			 ballots that may be unreadable or uncountable by the tabulating system.
			 Write-in votes without a readable mark in the target area must be processed
			 according to the statewide standards on what is a vote found in WAC
			 434-261-086.
			 The county canvassing board shall make the final determination of voter intent
			 for ballots not addressed in the statewide standards on what is a
			 vote.
Statutory Authority:
				  RCW
				   29A.04.611,
				  29A.04.620, and
				  29A.04.630. 11-24-064, §
				  434-261-070, filed 12/6/11, effective 1/6/12. Statutory Authority:
				  RCW
				   29A.04.611. 07-12-032, § 434-261-070,
				  filed 5/30/07, effective 6/30/07; 06-11-042, § 434-261-070, filed 5/10/06,
				  effective 6/10/06; 05-17-145, § 434-261-070, filed 8/19/05, effective
				  9/19/05. Statutory Authority: RCW  29A.04.610. 04-15-089, § 434-261-070,
				  filed 7/16/04, effective 8/16/04. Statutory Authority: RCW  29.04.210,
				  29.36.150. 02-07-029, § 434-261-070, filed 3/12/02, effective 4/12/02.
				  Statutory Authority: RCW  29.04.080, 29.04.210, 29.36.150 and 29.79.200.
				  97-21-045, § 434-261-070, filed 10/13/97, effective
				  11/13/97.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-261 - Counting center procedures › Section 434-261-075 - Votes on something other than a ballot

Current through Register Vol. 24-14, July 15, 2024
If the voter returns voting responses by mail on any form
				other than a ballot, the votes thereon shall be acceptable and tallied provided
				that:
(1) Only votes for offices or
			 measures for which the voter is eligible are counted.
(2) The candidate or measure response
			 position for which the voter is voting can be clearly identified.
(3) The ballot issued is not returned, or if
			 returned, contains no marks indicating an attempt to vote it.
(4) A valid signature on a ballot declaration
			 is received with the voting responses.
The votes accepted must then be duplicated to a ballot that can
				be read by the electronic voting equipment.
Votes on a ballot from a previous primary or election cannot be
				counted for another primary or election. These ballots must be rejected per WAC
				434-262-031.
Statutory Authority:
				  RCW
				   29A.04.611,
				  29A.04.620, and
				  29A.04.630. 11-24-064, §
				  434-261-075, filed 12/6/11, effective 1/6/12. Statutory Authority:
				  RCW
				   29A.04.611. 07-12-032, § 434-261-075,
				  filed 5/30/07, effective 6/30/07; 06-14-047, § 434-261-075, filed 6/28/06,
				  effective 7/29/06; 05-17-145, § 434-261-075, filed 8/19/05, effective
				  9/19/05. Statutory Authority: RCW  29.04.210, 29.36.150. 02-07-029, §
				  434-261-075, filed 3/12/02, effective
				  4/12/02.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-261 - Counting center procedures › Section 434-261-086 - Statewide standards on what is a vote

Current through Register Vol. 24-14, July 15, 2024
(1) Pursuant to
			 42
			 U.S.C. §
									15481(a)(6)
			 and
Bush v. Gore
, 531 U.S. 98 (2000), the following standards
			 determine whether irregular marks on a ballot constitute a valid vote that may
			 be counted.
(a) Target area. Any marks made
			 in the target area shall be counted as valid votes, with the exceptions below.
			 Any marks made outside of the target area shall be valid only if they form a
			 pattern of similar marks as outlined in (b) of this subsection, or qualify as
			 written instructions in (e) of this subsection. Marks that trace or outline the
			 target area are not valid votes unless they form a pattern of similar marks as
			 outlined in (b) of this subsection. The following marks in the target area are
			 exceptions that are not valid votes:
(i)
			 Obvious stray marks;
(ii)
			 Hesitation marks;
(iii) Parts of
			 written notes; and
(iv) Corrected
			 votes, as described in (c) and (e) of this subsection.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-261 - Counting center procedures › Section 434-261-100 - Ballot duplication procedures

Current through Register Vol. 24-14, July 15, 2024
(1) If a ballot is damaged, unreadable,
			 uncountable, or unable to be resolved by the tabulation system, a team of two
			 or more people working together must duplicate ballots to reflect the voter's
			 intent according to WAC
			 434-261-086.
			 A different team of two or more people working together must audit every
			 duplicated ballot to verify the ballots were duplicated correctly. The voter's
			 original ballot may not be altered. The county auditor shall tabulate the
			 duplicate ballot.
If voter intent is not clear, the ballot must be referred to
				the canvassing board. When duplicating ballots, the county auditor shall take
				the following steps to create and maintain an audit trail of the action
				taken:
(a) Each original ballot and
			 duplicate ballot must be assigned the same unique control number, with the
			 number being marked upon the face of each ballot, to ensure that each duplicate
			 ballot may be tied back to the original ballot;
(b) A log must be kept of the ballots
			 duplicated, which must at least include:
(i)
			 The control number of each original ballot and the corresponding duplicate
			 ballot;
(ii) The initials of at
			 least two people who participated in the duplication of each ballot;
			 and
(iii) The total number of
			 ballots duplicated.
Original and duplicate ballots must be kept in secure storage
				at all times, except during duplication, inspection by the canvassing board, or
				tabulation.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-261 - Counting center procedures › Section 434-261-102 - Resolving ballots on digital scan vote tallying systems

Current through Register Vol. 24-14, July 15, 2024
In counties tabulating ballots on a digital scan vote tallying
				system, two staff designated by the auditor's office must resolve each ballot
				identified as requiring resolution. Staff resolving ballots must have completed
				training on voter intent rules as outlined in WAC
				434-261-086.
				A log of the resolutions must be printed linking staff conducting the
				resolutions to the ballots resolved. The log must be signed by the two
				staff.
Statutory Authority:
				  RCW
				   29A.04.611,
				  29A.04.620, and
				  29A.04.630. 11-24-064, §
				  434-261-102, filed 12/6/11, effective 1/6/12. Statutory Authority:
				  RCW
				   29A.04.611. 06-23-094, § 434-261-102,
				  filed 11/15/06, effective 12/16/06; 06-11-042, § 434-261-102, filed
				  5/10/06, effective 6/10/06.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-261 - Counting center procedures › Section 434-261-106 - Manual counting of ballots

Current through Register Vol. 24-14, July 15, 2024
Procedures for manual counting of ballots shall be
				substantially the same as a manual recount according to chapter 434-264
				WAC.
Statutory Authority:
				  RCW
				  29A.04.611,
				  29A.04.620, and
				  29A.04.630. 11-24-064, §
				  434-261-106, filed 12/6/11, effective
				  1/6/12.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-261 - Counting center procedures › Section 434-261-108 - Random check of ballot counting equipment

Current through Register Vol. 24-14, July 15, 2024
If a random check of up to six batches of ballots is conducted
				pursuant to
				RCW
				 29A.60.170 in a county that uses optical scan
				voting equipment, each batch must be tabulated on a different scanner if more
				than one scanner is used in the election. If there are more scanners used in
				the election than batches to be checked, then the scanners must be selected at
				random.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-261 - Counting center procedures › Section 434-261-110 - Election results anomalies

Current through Register Vol. 24-14, July 15, 2024
Precinct results, showing overvotes and undervotes, shall be
				inspected by the county canvassing board, or their designees, for anomalies
				that may indicate problems with the hardware or programming used to tabulate
				the votes. Anomalies may include, but are not limited to, an abnormal number of
				overvotes, undervotes, vote distribution, and voter turnout in any precinct,
				race, or jurisdiction. This inspection shall be completed within two days of
				the election.
Additionally, these results shall be used in the reconciliation
				process required in
				RCW
				 29A.60.235.
Statutory Authority:
				  RCW
				  29A.04.611,
				  29A.04.620, and
				  29A.04.630. 11-24-064, §
				  434-261-110, filed 12/6/11, effective 1/6/12. Statutory Authority:
				  RCW
				  29A.04.611. 05-17-145, § 434-261-110,
				  filed 8/19/05, effective 9/19/05. Statutory Authority: RCW  29A.04.610.
				  05-06-035 and 05-08-065, § 434-261-110, filed 2/25/05 and 3/31/05,
				  effective 3/28/05 and 5/1/05.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-261 - Counting center procedures › Section 434-261-112 - Direct recording electronic voting devices (DREs)

Current through Register Vol. 24-14, July 15, 2024
Votes recorded on DREs must be uploaded into the ballot
				tabulation program or duplicated onto paper ballots. The upload or duplication
				may take place after election day. DRE data storage must remain in secure
				storage before and after tabulation.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-261 - Counting center procedures › POST-ELECTION DAY RISK-LIMITING AUDITS › Section 434-261-114 - Definitions

Current through Register Vol. 24-14, July 15, 2024
As used in this rule, unless stated otherwise:
(1) "Audit board" means a team of two people
				assigned to review voter choices on ballots selected for audit.
(2) "Ballot comparison audit" means a type of
				risk-limiting audit in which the audit board examines and reports voter
				markings for a designated contest (or contests) on randomly selected ballots,
				then compares them to the corresponding cast vote records until the audit
				results reflect with a strong amount of certainty that the reported tabulation
				outcome is correct.
(3) "Ballot
				manifest" means a document that indicates how the ballots are organized and
				stored, including identification of each batch of ballots by the voting system
				batch number, as well as the number of ballots in each batch.
(4) "Ballot polling audit" means a type of
				risk-limiting audit in which the audit board examines and reports voter
				markings for a designated contest on ballots selected randomly until the audit
				results reflect with a strong amount of certainty that the reported tabulation
				outcome is correct.
(5) "Cast vote
				record" or "CVR" means a record of all voter markings produced by a single
				voter on a ballot card, presented in electronic form, and is defined as a
				ballot in accordance with
				RCW
				 29A.04.008.
(6) "Random seed" means a number string
				consisting of at least 20 digits, with each digit selected in order by
				sequential rolls of a 10-sided die.
(7) "Reported tabulation outcome" means the
				presumed winning and losing candidates or voting choices of a ballot contest as
				reflected in preliminary results.
(8) "Unofficial results" means the tabulation
				results produced by the voting system at a specific point in time that will be
				used for comparison during the audit process.
(9) "Risk limit" means the largest
				statistical probability that an incorrect reported tabulation outcome is not
				detected in a risk-limiting audit.
(10) "Risk-limiting audit" or "RLA" means a
				post-election audit of votes on paper ballots and voter-verifiable paper audit
				trail (VVPAT) records that makes use of statistical principles and methods, is
				designed to limit the risk of certifying an incorrect election outcome, and is
				conducted in accordance with
				RCW
				 29A.60.185.
(11) "Risk-limiting audit tool" or "RLA tool"
				means the software and user interfaces provided by the secretary of state in
				order to conduct the risk-limiting audit.
(12) "Target contest" means a contest
				selected by the secretary of state or county auditor for a risk-limiting audit
				that will determine whether the risk limit has been met.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-261 - Counting center procedures › POST-ELECTION DAY RISK-LIMITING AUDITS › Section 434-261-115 - Risk-limiting audits for county races and measures

Current through Register Vol. 24-14, July 15, 2024
(1) If the county
				auditor chooses to conduct a post-election risk-limiting audit under
				RCW
				 29A.60.185, the auditor must use one of the
				types of audits listed in
				RCW
				 29A.60.185.
(2) At least 45 days prior to a primary or
				election, a county intending to conduct a risk-limiting audit must notify the
				secretary of state.
(3) After
				receiving notice from a county of the intent to conduct a risk-limiting audit
				and no later than 30 days prior to the primary or election, the secretary of
				state will establish and publish the risk limit(s) that will apply in
				risk-limiting audits for that election. The secretary of state may establish
				different risk limits for ballot comparison audits and ballot polling audits,
				and for audits of federal, state, and county contests. In ballot comparison
				audits, the risk limit will not exceed five percent for federal and state
				contests, and 10 percent for county contests.
(4) The county must maintain an accurate
				ballot manifest in a form approved by the secretary of state and independent of
				the voting system.
(5) Counties
				conducting a ballot comparison audit must verify that the number of individual
				cast vote records in its cast vote record export equals the aggregate number of
				ballot cards reflected in the county's ballot manifest at the time the
				unofficial results are produced.
(6) The county must maintain and document
				uninterrupted chain-of-custody for each ballot storage container.
(7) If no risk-limiting audit is called for
				by the secretary of state, the county auditor may choose the date and time of
				the risk-limiting audit, in coordination with the secretary of state, to begin
				no later than two days prior to county certification.
Each county conducting a county-level risk-limiting audit
				  must submit as directed by the secretary of state:
(a) The verified ballot manifest;
				and
(b) Either:
(i) The verified cast vote record export, if
				conducting a ballot comparison audit; or
(ii) The unofficial results report, showing
				overvotes, undervotes and the number of valid write-in votes, if conducting a
				ballot polling audit.
The secretary of state may direct counties to submit
				  additional materials as required to conduct the risk-limiting audit.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-261 - Counting center procedures › POST-ELECTION DAY RISK-LIMITING AUDITS › Section 434-261-116 - Risk-limiting audits for state races and measures

Current through Register Vol. 24-14, July 15, 2024
(1) At least 45
				days prior to a primary or election, the secretary of state may call for a
				risk-limiting audit of an office that files with the secretary of state and/or
				a state measure. The secretary of state shall determine the date and time of
				the risk-limiting audit.
(2) No
				later than 30 days prior to the primary or election, the secretary of state
				will establish and publish the risk limit(s) that will apply in risk-limiting
				audits for that election. The secretary of state may establish different risk
				limits for ballot comparison audits and ballot polling audits, and for audits
				of federal, state, and county contests. In ballot comparison audits, the risk
				limit will not exceed five percent for federal and state contests, and 10
				percent for county contests.
(3)
				Counties involved in the audit must maintain an accurate ballot manifest in a
				form approved by the secretary of state and independent of the voting
				system.
(4) For a ballot comparison
				audit, counties must verify that the number of individual cast vote records in
				its cast vote record export equals the aggregate number of ballot cards
				reflected in the county's ballot manifest at the time the unofficial results
				are produced.
(5) Counties must
				maintain and document uninterrupted chain-of-custody for each ballot storage
				container.
(6) No later than 5:00
				p.m. on the day prior to the risk-limiting audit, each county must pause or
				finish tabulating all ballots cast by voters registered in the county received
				and ready for counting, and submit as directed by the secretary of state:
(a) The verified ballot manifest;
				and
(b) Either:
(i) The verified cast vote record export, if
				conducting a ballot comparison audit; or
(ii) The unofficial results report, showing
				overvotes, under-votes, and the number of valid write-in votes, if conducting a
				ballot polling audit.
The secretary of state may direct counties to submit
				  additional materials as required to conduct the risk-limiting audit.