reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-261 - Counting center procedures › POST-ELECTION DAY RISK-LIMITING AUDITS › Section 434-261-117 - Conducting a risk-limiting audit

Current through Register Vol. 24-14, July 15, 2024
County elections staff must locate and retrieve each
				  randomly selected ballot from the appropriate storage container. This process
				  may be observed according to WAC
				  434-261-020. County
				  elections staff must verify that the seals on the appropriate storage
				  containers are those recorded on the applicable chain-of-custody logs.
(1) The county auditor will determine the
				number of audit boards needed to perform the audit and assign two people to
				each audit board. The audit board(s) will review each randomly selected paper
				ballot and report voter markings or choices in the designated contests using
				the risk-limiting audit tool or other means specified by the secretary of
				state. The audit board(s) must complete the audit of all ballots randomly
				selected for audit within two business days to allow time for additional
				ballots to be included if a discrepancy is identified in accordance with
				RCW
				 29A.60.185(3).
(2) The audit board(s) must interpret voter
				markings on ballots selected for audit in accordance with WAC
				434-261-086.
				If the audit board members cannot unanimously agree on the voter's intent, they
				must indicate the inability to agree in the appropriate contest in the
				risk-limiting audit tool's audit board user interface, or other means specified
				by the secretary of state.
(3) In
				order to maintain voter privacy, the secretary of state will review the results
				of the audit as presented by the risk-limiting audit tool, and post the summary
				results of the audit online.
(4) If
				there is a discrepancy in a target contest that exceeds the risk limit, the
				risk-limiting audit will continue until the risk limit for the target contest
				is met or until a full hand count results.
The secretary of state may order a full hand recount of a
				  target contest at the secretary's discretion if that decision would be more
				  efficient than multiple iterations of risk-limiting audit processes.
(5) Each audit board participating
				in a risk-limiting audit must sign, date, and submit to the secretary of state
				a report of the results of the risk-limiting audit on the approved form within
				two business days. The report must include any discrepancies found.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-261 - Counting center procedures › POST-ELECTION DAY RISK-LIMITING AUDITS › Section 434-261-118 - Risk-limiting audit reports

Current through Register Vol. 24-14, July 15, 2024
At the conclusion of a risk-limiting audit, the county
				  auditor must segregate and seal the materials used during the post-election
				  audit, including copies of all tabulation reports, the audited ballots, and a
				  copy of the audit board report. These materials must be returned to secure
				  storage with the ballots from that election and are subject to the same
				  retention period as the materials for that election.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-261 - Counting center procedures › POST-ELECTION DAY RISK-LIMITING AUDITS › Section 434-261-119 - Removal of risk-limiting audit board members

Current through Register Vol. 24-14, July 15, 2024
The county auditor may remove from the audit board any
				  persons who indicate to the county auditor that they cannot or do not wish to
				  serve as audit board members, and/or who, in the judgment of the county
				  auditor, lack the ability to properly serve as audit board members.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-261 - Counting center procedures › POST-ELECTION DAY RISK-LIMITING AUDITS › Section 434-261-120 - Referral of questionable ballots to canvassing board

Current through Register Vol. 24-14, July 15, 2024
Whenever counting center personnel has a question about the
				  validity of a ballot or the votes contained on the ballot that they are unable
				  to resolve, the ballot shall be forwarded to the canvassing board for review.
				  The facts giving rise to the question of validity must be noted.
Ballots being held for determination of validity or voter's
				  intent shall be provided the same security as regular voted ballots and shall
				  be kept in a secure area when not being processed.
Statutory Authority:
					 RCW
					 29A.04.611,
					 29A.04.620, and
					 29A.04.630. 11-24-064, §
					 434-261-120, filed 12/6/11, effective 1/6/12. Statutory Authority:
					 RCW
					 29A.04.611. 06-23-094, § 434-261-120,
					 filed 11/15/06, effective 12/16/06; 05-17-145, § 434-261-120, filed
					 8/19/05, effective 9/19/05.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-261 - Counting center procedures › POST-ELECTION DAY RISK-LIMITING AUDITS › Section 434-261-125 - Free access system for provisional ballots

Current through Register Vol. 24-14, July 15, 2024
(1) Each county shall establish a free access
				system, as required by the Help America Vote Act,
				52 U.S.C. §
										21082(a)(5)(B), and
				RCW
				 29A.60.195 for provisional ballot
				voters.
(2) The free access system
				must employ measures to ensure that access is free of cost to the voter and
				restricted to the individual who cast the ballot, and that the voter's personal
				information is secure and confidential.
(3) For provisional ballots sent to other
				counties in the state, the free access system must provide the voter with
				information as to where the ballot was sent and how to find out if the ballot
				was counted in that county.
(4) For
				ballots received from another county, the free access system must provide the
				voter with information as to whether the ballot was counted and, if not, why.
				The county may send instructions to the voter on how to access the
				information.
(5) Provisional ballot
				disposition information must be available on a county's free access system no
				later than one week following certification of the election.
Statutory Authority:
					 RCW
					  29A.04.611,
					 29A.04.620, and
					 29A.04.630. 11-24-064, §
					 434-261-125, filed 12/6/11, effective
					 1/6/12.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-261 - Counting center procedures › POST-ELECTION DAY RISK-LIMITING AUDITS › Section 434-261-130 - Opening ballot container

Current through Register Vol. 24-14, July 15, 2024
Whenever it is determined there is a need to open all
				  containers to conduct a mandatory or requested recount, or when such action is
				  directed by court order, the containers shall be opened and the security of the
				  ballots verified only by those persons designated to do so, in writing, by the
				  canvassing board.
Statutory Authority:
					 RCW
					 29A.04.611. 05-17-145, § 434-261-130,
					 filed 8/19/05, effective 9/19/05.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-261 - Counting center procedures › POST-ELECTION DAY RISK-LIMITING AUDITS › Section 434-261-140 - Precertification procedures

Current through Register Vol. 24-14, July 15, 2024
Prior to certifying the election, the county auditor shall
				  exercise due diligence to confirm that all returned ballots have been received,
				  processed, and reconciled, and that no ballots have been untabulated
				  erroneously. Due diligence may include:
(1) Rechecking all ballot deposit sites;
				and
(2) Rechecking ballot storage
				containers in the ballot processing area, ballot tabulation area, canvassing
				board area, and vault.
Statutory Authority:
					 RCW
					 29A.04.611. 12-14-074, § 434-261-140,
					 filed 7/2/12, effective 8/2/12.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-262 - Canvassing and certification › Section 434-262-010 - Definitions

Current through Register Vol. 24-14, July 15, 2024
As used in these regulations:
(1) "Canvassing" is that process of examining
			 in detail a ballot, groups of ballots, election subtotals, or grand totals, in
			 order to determine the final official returns of a primary, special, or general
			 election, and to safeguard the integrity of the election process.
(2) "County canvassing board" is that body
			 charged by law with the duty of canvassing ballots, ruling on the validity of
			 questioned or challenged ballots, verifying all unofficial returns as listed in
			 the auditor's abstract of votes, and producing the official county canvass
			 report; it shall be composed of the county auditor, prosecuting attorney, and
			 chair of the board of the county legislative authority, or their designated
			 representatives.
Statutory Authority:
				  RCW
				  29A.04.611. 12-14-074, § 434-262-010,
				  filed 7/2/12, effective 8/2/12. Statutory Authority:
				  RCW
				   29A.04.611,
				  29A.04.620, and
				  29A.04.630. 11-24-064, §
				  434-262-010, filed 12/6/11, effective 1/6/12. Statutory Authority:
				  RCW
				  29A.04.611. 06-14-046, § 434-262-010,
				  filed 6/28/06, effective 7/29/06; 05-17-145, § 434-262-010, filed 8/19/05,
				  effective 9/19/05. Statutory Authority: RCW  29A.04.610. 04-15-089, §
				  434-262-010, filed 7/16/04, effective 8/16/04. Statutory Authority: RCW
				   29.04.080. 03-15-054, § 434-262-010, filed 7/11/03, effective 8/11/03.
				  Statutory Authority: RCW  29.04.080, 29.04.210, 29.36.150 and 29.79.200.
				  97-21-045, recodified as § 434-262-010, filed 10/13/97, effective
				  11/13/97. Statutory Authority: RCW  29.04.080. 80-15-008 (Order 80-3), §
				  434-62-010, filed 10/3/80.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-262 - Canvassing and certification › Section 434-262-013 - Crediting voters

Current through Register Vol. 24-14, July 15, 2024
(1) A voter may not
			 be credited for voting if the ballot was voted after election day, was received
			 later than the day before certification of the election, or will otherwise not
			 be counted.
(2) The crediting of
			 voters in the county election management system must be completed prior to
			 certification of the election.
(3)
			 The reconciliation of voters credited with ballots counted shall be completed
			 prior to certification of the election. The certification must include, but is
			 not limited to, information indicating that the number of ballots counted
			 equals the number of voters credited. If these numbers do not match, the county
			 auditor must take steps to reconcile the numbers and any discrepancies. If the
			 county auditor cannot reconcile the numbers, documentation of steps taken to
			 reconcile and any other applicable information must be included with the
			 official reconciliation.
(4)
			 Changes to the list of registered voters, such as new registrations, transfers,
			 or cancellations, may not be made following a general election until the
			 crediting reconciliation is complete. Correction of errors is
			 allowed.
(5) The county auditor
			 shall make an electronic or paper copy of the list of registered voters
			 immediately following this reconciliation. Following each general election, the
			 county auditor shall use this data to produce the number of voters
			 participating in the election for each taxing district in the county as
			 required by WAC
			 434-262-017.
			 Once the list is copied and the taxing district voter turnout report is
			 complete, changes to the database may be made.
(6) Following certification of the election,
			 each credited voter's history of voting must be updated in the statewide voter
			 registration database.
Statutory Authority:
				  RCW
				   29A.04.611,
				  29A.04.620, and
				  29A.04.630. 11-24-064, §
				  434-262-013, filed 12/6/11, effective 1/6/12. Statutory Authority:
				  RCW
				   29A.04.611,
				  29A.04.530. 06-02-028, §
				  434-262-013, filed 12/28/05, effective 1/28/06. Statutory Authority:
				  RCW
				   29A.04.611. 05-17-145, § 434-262-013,
				  filed 8/19/05, effective 9/19/05.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-262 - Canvassing and certification › Section 434-262-015 - Canvassing board - Delegation of authority

Current through Register Vol. 24-14, July 15, 2024
The county auditor, prosecuting attorney, and chair of the
				county legislative authority, or designees as per chapter 29A.60 RCW, shall be
				responsible for the performance of all duties of the county canvassing board,
				as set forth in chapters 29A.40 and 29A.60 RCW, and the rules on canvassing
				adopted by the secretary of state. These duties shall be performed by the
				members of the board, or they may delegate in writing representatives to
				perform these duties. This written delegation of authority shall be filed with
				the county auditor prior to any person undertaking any action on behalf of the
				board. In no instance may the members of the county canvassing board delegate
				the responsibility of certifying the returns of any primary or election, of
				determining the validity of any challenged ballots, or of rejecting ballots.
				When considering the validity or rejection of ballots, the canvassing board may
				review the ballots individually, in batches, or as part of a report of ballots
				presented to the board. In the event the canvassing board concludes that
				criminal activity may have occurred, the county auditor must refer the ballot
				and any relevant material to the county sheriff or county prosecuting
				attorney.
Statutory Authority:
				  RCW
				  29A.04.611. 08-05-120, § 434-262-015,
				  filed 2/19/08, effective 3/21/08; 05-17-145, § 434-262-015, filed 8/19/05,
				  effective 9/19/05. Statutory Authority: RCW  29A.04.610. 04-15-089, §
				  434-262-015, 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, § 434-262-015,
				  filed 10/13/97, effective 11/13/97.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-262 - Canvassing and certification › Section 434-262-016 - Canvassing board meeting Emergency procedure

Current through Register Vol. 24-14, July 15, 2024
If a member cannot attend a canvassing board meeting due to an
				emergency, as defined in the canvassing board's manual, a designee may be
				appointed according to
				RCW
				 29A.60.140 at any time, including the day of
				the meeting. If a designee cannot be appointed, the member may participate in
				the meeting remotely.
(1) When ballots
			 are considered during the meeting, the remote member must have access to an
			 online computer application which allows viewing of ballots. Images of ballots
			 cannot be recorded, copied, scanned, emailed, or faxed to the member nor can
			 the member record ballot images. The computer application is not required if
			 ballots are not considered during the meeting.
(2) As per
			 RCW
			  29A.60.200, all three county canvassing board
			 members or designees must certify an election. If an election is certified
			 during the meeting where a member or designee is attending remotely, a copy of
			 the certification document must be sent electronically to the remote member.
			 The certification document must be signed in the following manner:
(a) The members physically present at the
			 meeting must sign the certification document.
(b) A copy of the certification documentation
			 is sent electronically to the remote member.
(c) The remote member must print the
			 signature page of the certification, sign the page, and return the signed page
			 electronically to the canvassing board meeting location.
(d) The remote member's signed signature page
			 is printed and attached to the certification document signed by the other
			 members of the board, completing the certification document.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-262 - Canvassing and certification › Section 434-262-017 - General election turnout for validation of bonds and levies

Current through Register Vol. 24-14, July 15, 2024
Following each general election, the county auditor must
				determine the number of voters participating in the general election for each
				taxing district in the county and provide this number to each district.
				Districts may use that number to determine the number of votes required for
				bond and levy passage in the next year.
The county auditor is not responsible for determining minimum
				turnout or yes votes required for ballot measures and shall not determine if
				ballot measures meet requirements for passage.
Statutory Authority:
				  RCW
				   29A.04.611. 08-05-120, § 434-262-017,
				  filed 2/19/08, effective 3/21/08; 06-14-046, § 434-262-017, filed 6/28/06,
				  effective 7/29/06.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-262 - Canvassing and certification › Section 434-262-020 - Preliminary abstract of votes

Current through Register Vol. 24-14, July 15, 2024
(1) Prior
			 to the official canvass, the county auditor shall prepare a preliminary
			 abstract of votes for certifying the election, listing the number of registered
			 voters, votes cast, and individual declared write-in candidate tallies required
			 by chapter 29A.60 RCW. The preliminary abstract of votes must list separately
			 for each precinct:
(a) Number of registered
			 voters;
(b) Number of ballots
			 cast;
(c) Votes cast for and
			 against each measure;
(d) Votes
			 cast for each candidate;
(e) Total
			 number of write-in votes in each race; and
(f) Total number of overvotes and undervotes
			 in each race.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-262 - Canvassing and certification › Section 434-262-025 - Canvassing board - Notice of open public meeting

Current through Register Vol. 24-14, July 15, 2024
All activities of the canvassing board shall be open to the
				public, although the board may limit the number of persons observing any aspect
				of the process whenever, in the judgment of the board, it is necessary to do so
				to preserve order and to safeguard the integrity of the process. The canvassing
				board may adopt and promulgate rules and regulations, not inconsistent with the
				provisions of this section, to ensure that the process is open to the public
				and that the procedures themselves are performed by the board free of any
				outside interference. The auditor shall publish notice of the meetings of the
				canvassing board.
Statutory Authority:
				  RCW
				  29A.04.611,
				  29A.04.620, and
				  29A.04.630. 11-24-064, §
				  434-262-025, filed 12/6/11, effective 1/6/12. Statutory Authority:
				  RCW
				  29A.04.611. 05-17-145, § 434-262-025,
				  filed 8/19/05, effective 9/19/05. Statutory Authority: RCW  29A.04.610.
				  04-15-089, § 434-262-025, 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, §
				  434-262-025, filed 10/13/97, effective
				  11/13/97.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-262 - Canvassing and certification › Section 434-262-030 - County auditor's abstract of votes

Current through Register Vol. 24-14, July 15, 2024
The county canvassing board shall meet and canvass all ballots.
				Upon completion of this canvass ten days after a special election, fourteen
				days after a primary, and twenty-one days after a general election, the county
				auditor shall present the auditor's abstract of votes, which must include, at a
				minimum:
(1) The number of registered
			 voters eligible to vote in the election, by precinct;
(2) The number of ballots cast in the
			 election, by precinct;
(3) The
			 votes cast for each race or issue, including write-ins, undervotes, and
			 overvotes, by precinct;
(4)
			 Cumulative vote totals including write-ins, under-votes, and overvotes;
			 and
(5) An aggregate total of votes
			 cast for each declared candidate qualifying for the general election or
			 elected. Individual write-in vote tallies for candidates not meeting the
			 minimum threshold according to chapter 29A.60 RCW shall not be included in the
			 official abstract of votes and results displayed online.
Write-in votes for candidates whose names appear on the ballot
				for that office should be counted according to WAC
				434-261-086.
Statutory Authority:
				  RCW
				   29A.04.611. 12-14-074, § 434-262-030,
				  filed 7/2/12, effective 8/2/12. Statutory Authority:
				  RCW
				   29A.04.611,
				  29A.04.620, and
				  29A.04.630. 11-24-064, §
				  434-262-030, filed 12/6/11, effective 1/6/12. Statutory Authority:
				  RCW
				   29A.04.611. 09-12-078, § 434-262-030,
				  filed 5/29/09, effective 6/29/09; 07-12-032, § 434-262-030, filed 5/30/07,
				  effective 6/30/07; 06-14-046, § 434-262-030, filed 6/28/06, effective
				  7/29/06; 05-17-145, § 434-262-030, filed 8/19/05, effective 9/19/05.
				  Statutory Authority: RCW  29A.04.610. 04-15-089, § 434-262-030, 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 § 434-262-030, filed
				  10/13/97, effective 11/13/97. Statutory Authority: RCW  29.04.080. 80-15-008
				  (Order 80-3), § 434-62-030, filed
				  10/3/80.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-262 - Canvassing and certification › Section 434-262-031 - Rejection of ballots or parts of ballots

Current through Register Vol. 24-14, July 15, 2024
(1)
			 The disposition of provisional ballots is governed by WAC 434-262-032. The
			 county canvassing board must reject any ballot cast by a voter who was not
			 qualified to vote, or for other reasons required by law or administrative rule.
			 A log must be kept of all voted ballots rejected, and must be included in the
			 minutes of each county canvassing board meeting.
(2) Ballots or parts of ballots shall be
			 rejected by the canvassing board in the following instances:
(a) Where a ballot or parts of a ballot are
			 marked in such a way that it is not possible to determine the voter's intent
			 consistent with WAC 434-261-086;
(b) Where the voter has voted for candidates
			 or issues for whom the voter is not entitled to vote;
(c) Where the voter has overvoted;
(d) Where the ballot was created for a prior
			 election;
(e) Where a ballot was
			 submitted with a fraudulent signature; and
(f) Where the ballot declaration signature
			 did not match the signature(s) in the voter registration record, or the
			 signature was missing and the voter did not cure the signature by close of
			 business the day before the election was certified.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-262 - Canvassing and certification › Section 434-262-032 - Provisional ballots-Disposition

Current through Register Vol. 24-14, July 15, 2024
Upon receipt of the provisional ballot, including provisional
				ballots from other counties or states, the county auditor must investigate the
				circumstances surrounding the provisional ballot prior to certification of the
				primary or election. A voted ballot received from an unregistered voter, other
				than a service, overseas, or conditionally registered voter, is considered a
				provisional ballot. A provisional ballot cannot be counted unless the voter's
				name, signature and the date of birth, if available, matches a voter
				registration record. Once the provisional ballot has been investigated,
				disposition of the ballot is as follows:
(1) If the voter was previously registered,
			 their voter registration was later canceled, and the auditor determines that
			 the cancellation was in error, the voter's registration must be immediately
			 restored and the provisional ballot counted.
(2) If the voter was previously registered,
			 their voter registration was later canceled, and the auditor determines that
			 the cancellation was not in error, register the voter and count the
			 ballot.
(3) If a registered voter
			 has voted a ballot for a previous address, the auditor must ensure that only
			 those votes for the positions and measures for which the voter was eligible to
			 vote are counted.
(4) If the voter
			 is registered in another county, the auditor shall immediately forward the
			 ballot to the elections official for the jurisdiction in which the voter is
			 registered. The provisional ballot must be forwarded within seven calendar days
			 after a primary or special election and 14 calendar days after a general
			 election, and as soon as possible if past that date.
(5) If the voter voted a regular ballot and a
			 provisional ballot, the provisional ballot is not counted if the regular ballot
			 has already been counted. The regular ballot is not counted if the provisional
			 ballot has already been counted.
(6) If the voter voted a provisional ballot
			 because the voter failed to produce identification at a voting center, the
			 ballot is counted if the signature on the envelope matches the signature in the
			 voter registration record, using the standards and processes set forth in WAC
			 434-261-051 through
			 434-261-053.
(7) If the voter voted a provisional ballot
			 because the voter is provisionally registered and the voter's registration
			 record is still flagged as requiring verification of identity, the provisional
			 ballot is not counted.
(8)
			 Provisional ballots voted for reasons not covered by this section or state
			 statute must be determined by the county canvassing board.
Statutory Authority:
				  RCW
				   29A.04.611,
				  29A.04.620, and
				  29A.04.630. 11-24-064, §
				  434-262-032, filed 12/6/11, effective
				  1/6/12.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-262 - Canvassing and certification › Section 434-262-036 - Canvassing procedure for ballot of a protected records voter

Current through Register Vol. 24-14, July 15, 2024
If the ballot of a protected records voter must be presented to
				the county canvassing board, the canvassing board must review the ballot in
				private executive session or take other necessary steps to ensure the privacy
				of the protected records voter.
Statutory Authority:
				  RCW
				  29A.04.611. 09-03-110, § 434-262-036,
				  filed 1/21/09, effective 2/21/09.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-262 - Canvassing and certification › Section 434-262-040 - Verification of auditor's abstract of votes

Current through Register Vol. 24-14, July 15, 2024
The county canvassing board shall examine the auditor's
				abstract of votes and shall verify that all of the precinct ballot totals have
				been included in the abstract, and that the subtotals and county-wide totals
				for registered voters and votes cast are an accurate reflection of the sum of
				those precinct ballot totals.
Statutory Authority:
				  RCW
				  29A.04.611,
				  29A.04.620, and
				  29A.04.630. 11-24-064, §
				  434-262-040, 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 §
				  434-262-040, filed 10/13/97, effective 11/13/97. Statutory Authority: RCW
				   29.04.080. 80-15-008 (Order 80-3), § 434-62-040, filed
				  10/3/80.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-262 - Canvassing and certification › Section 434-262-050 - Errors or discrepancies discovered during the verification of the auditor's abstract of votes

Current through Register Vol. 24-14, July 15, 2024
(1) If the county
			 canvassing board, during the verification process, discovers that errors or
			 discrepancies exist in the auditor's abstract of votes, the board shall
			 investigate those errors or discrepancies. They shall be empowered to take
			 whatever corrective steps a majority of the board deems necessary, including
			 changing or modifying the auditor's abstract of votes if the error or
			 discrepancy is discovered in that document. The canvassing board may proceed to
			 verify votes cast on other measures or races if a majority of the board
			 believes that the nature of the errors or discrepancies discovered warrant
			 further action on their part.
(2)
			 Changes in the results of an election following a recount are not considered
			 errors or discrepancies.
Statutory Authority:
				  RCW
				  29A.04.611,
				  29A.04.530. 06-02-028, §
				  434-262-050, filed 12/28/05, effective 1/28/06. Statutory Authority:
				  RCW
				  29A.04.611. 05-17-145, § 434-262-050,
				  filed 8/19/05, effective 9/19/05. Statutory Authority: RCW  29.04.080,
				  29.04.210, 29.36.150 and 29.79.200. 97-21-045, recodified as §
				  434-262-050, filed 10/13/97, effective 11/13/97. Statutory Authority: RCW
				   29.04.080. 80-15-008 (Order 80-3), § 434-62-050, filed
				  10/3/80.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-262 - Canvassing and certification › Section 434-262-060 - Documentation of corrective action taken

Current through Register Vol. 24-14, July 15, 2024
If the canvassing board decides to take corrective action with
				respect to errors or discrepancies described in WAC
				434-262-050, the canvassing board
				shall prepare a written narrative of the errors or discrepancies discovered,
				the cause of those errors, if known, and the corrective action taken. Each
				member of the canvassing board must sign the written narrative and must initial
				the auditor's abstract of votes if it is altered or modified by the canvassing
				board.
Statutory Authority:
				  RCW
				  29A.04.611,
				  29A.04.530. 06-02-028, §
				  434-262-060, filed 12/28/05, effective 1/28/06. Statutory Authority: RCW
				   29.04.080, 29.04.210, 29.36.150 and 29.79.200. 97-21-045, recodified as §
				  434-262-060, filed 10/13/97, effective 11/13/97. Statutory Authority: RCW
				   29.04.080. 80-15-008 (Order 80-3), § 434-62-060, filed
				  10/3/80.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-262 - Canvassing and certification › Section 434-262-070 - Official county canvass report

Current through Register Vol. 24-14, July 15, 2024
(1) Upon completion of the verification of
			 the auditor's abstract of votes and the documentation of any corrective action
			 taken, the county canvassing board shall sign a certification that:
(a) States that the abstract is a full, true,
			 and correct representation of the votes cast for the issues and offices listed
			 thereon;
(b) Provides the total
			 number of registered voters and votes cast in the county;
(c) Contains the oath required by
			 RCW
			  29A.60.200, signed by the county auditor and
			 attested to by the chair or designee who administered the oath; and
(d) Shall have a space where the official
			 seal of the county shall be attached.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-262 - Canvassing and certification › Section 434-262-080 - Transmittal of county canvass report to the secretary of state

Current through Register Vol. 24-14, July 15, 2024
Immediately following the certification of the returns of any
				primary, special, or general election in which state measures, federal or state
				offices, or legislative or judicial offices whose jurisdiction encompasses more
				than one county appeared on the ballot, the county auditor must transmit a copy
				of the official county canvass report to the secretary of state by electronic
				means.
Statutory Authority:
				  RCW
				  29A.04.611,
				  29A.04.620, and
				  29A.04.630. 11-24-064, §
				  434-262-080, filed 12/6/11, effective 1/6/12. Statutory Authority:
				  RCW
				   29A.04.611,
				  29A.04.530. 06-02-028, §
				  434-262-080, filed 12/28/05, effective 1/28/06. Statutory Authority:
				  RCW
				  29A.04.611. 05-17-145, § 434-262-080,
				  filed 8/19/05, effective 9/19/05. Statutory Authority: RCW  29.04.080,
				  29.04.210, 29.36.150. 00-10-010, § 434-262-080, filed 4/21/00, effective
				  5/22/00. Statutory Authority: RCW  29.04.080, 29.04.210, 29.36.150 and
				  29.79.200. 97-21-045, recodified as § 434-262-080, filed 10/13/97,
				  effective 11/13/97. Statutory Authority: RCW  29.04.080. 80-15-008 (Order 80-3),
				  § 434-62-080, filed 10/3/80.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-262 - Canvassing and certification › Section 434-262-090 - Receipt of county canvass report by secretary of state

Current through Register Vol. 24-14, July 15, 2024
The secretary of state shall ensure that all material required
				to be submitted pursuant to state law and these regulations has been included
				in the copy of the county canvass report transmitted to his or her office. In
				the event the secretary of state determines that the report is incomplete, he
				or she shall notify the county auditor of that fact and shall request that the
				missing part be forwarded immediately. No county canvass report shall be
				considered complete for acceptance by the secretary of state until all of the
				material required by statute and regulation has been received by the secretary
				of state.
Statutory Authority:
				  RCW
				  29A.04.611,
				  29A.04.620, and
				  29A.04.630. 11-24-064, §
				  434-262-090, filed 12/6/11, effective 1/6/12. Statutory Authority:
				  RCW
				  29A.04.611. 05-17-145, § 434-262-090,
				  filed 8/19/05, effective 9/19/05. Statutory Authority: RCW  29.04.080,
				  29.04.210, 29.36.150 and 29.79.200. 97-21-045, recodified as §
				  434-262-090, filed 10/13/97, effective 11/13/97. Statutory Authority: RCW
				   29.04.080. 80-15-008 (Order 80-3), § 434-62-090, filed
				  10/3/80.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-262 - Canvassing and certification › Section 434-262-100 - Canvass of returns by the secretary of state - Powers and duties

Current through Register Vol. 24-14, July 15, 2024
Upon receipt of a complete copy of the county canvass report
				from a county auditor, the secretary of state shall proceed to include the
				results from that abstract in the official canvass of the primary, special, or
				general election. This shall be accomplished by adding the certified returns
				from each county abstract of votes in order to determine the final results for
				those offices and issues he or she is required by law to certify. The secretary
				of state shall accept the official abstract of votes from each county as being
				full, true, and correct in all respects. The secretary of state may include in
				the official canvass, a narrative which details or describes any apparent
				discrepancies discovered during the canvassing procedure, and may notify the
				county or counties involved of such discrepancies.
Statutory Authority:
				  RCW
				  29A.04.611,
				  29A.04.620, and
				  29A.04.630. 11-24-064, §
				  434-262-100, filed 12/6/11, effective 1/6/12. Statutory Authority:
				  RCW
				  29A.04.611. 05-17-145, § 434-262-100,
				  filed 8/19/05, effective 9/19/05. Statutory Authority: RCW  29.04.080,
				  29.04.210, 29.36.150 and 29.79.200. 97-21-045, recodified as §
				  434-262-100, filed 10/13/97, effective 11/13/97. Statutory Authority: RCW
				   29.04.080. 80-15-008 (Order 80-3), § 434-62-100, filed
				  10/3/80.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-262 - Canvassing and certification › Section 434-262-105 - Audit of results of votes cast on direct recording electronic device

Current through Register Vol. 24-14, July 15, 2024
In an audit, the county auditor must compare the paper records
				with the electronic results cast on the direct recording electronic
				devices.
(1) The audits required by
			 RCW
			  29A.60.185 must use the same three races or
			 issues, randomly selected by lot, for every direct recording electronic device
			 subject to the audit and utilized in the election. If there are not three
			 countywide races or issues on the ballot, the county must select the maximum
			 number of contests available but no more than three contests from each of the
			 devices randomly selected for the audit.
(2) Only races and issues with more than ten
			 votes cast on all direct recording electronic devices in the county may be
			 selected for the audit. If the county does not have such a contest, it must not
			 conduct the audit of paper records required by
			 RCW
			  29A.60.185.
(3) Counties that utilized more than one
			 direct recording electronic device in the primary or election must randomly
			 select the devices until the aggregate total of votes cast in each selected
			 contest is greater than ten. The devices must also be aggregated until the
			 number of devices selected meets the minimum required by
			 RCW
			  29A.60.185.
(4) Written procedures to perform audits of
			 direct recording electronic devices as outlined in
			 RCW
			  29A.60.185 and to resolve discrepancies
			 identified in the audit must be promulgated by the county auditor.
(a) The procedures must provide for a process
			 of randomly selecting by lot the direct recording electronic devices that will
			 be audited.
(b) The procedures for
			 manually tabulating results must be conducted using a process that includes the
			 following elements:
(i) A continuous paper
			 record must be utilized; the paper record must not be cut into separate
			 individual records;
(ii) If a paper
			 record indicates a ballot has been canceled, that ballot must be exempt from
			 the audit; and
(iii) 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 434-262 - Canvassing and certification › Section 434-262-110 - Certification of primary returns by the secretary of state

Current through Register Vol. 24-14, July 15, 2024
Pursuant to
				RCW
				 29A.60.240, upon completion of the canvass of
				each county auditor's abstract of votes and no later than seventeen days
				following the primary, the secretary of state shall certify to the appropriate
				county auditors the returns for all state ballot measures, federal and
				statewide offices, and those legislative and judicial offices whose
				jurisdiction encompasses more than one county. In the event the secretary of
				state is unable to certify all or part of a primary election seventeen days
				following that primary because he or she has not received a copy of a county
				canvass report from one or more counties, or because there are discrepancies on
				a received report, he or she shall certify the state ballot measures and
				candidates for which completed abstracts have been received, and provide
				reasons which render him or her unable to certify the entire primary. The
				certification of the remainder of the primary shall take place when all
				outstanding county canvass reports have been received and
				filed.
Statutory Authority:
				  RCW
				  29A.04.611,
				  29A.04.620, and
				  29A.04.630. 11-24-064, §
				  434-262-110, filed 12/6/11, effective 1/6/12. Statutory Authority:
				  RCW
				  29A.04.611. 05-17-145, § 434-262-110,
				  filed 8/19/05, effective 9/19/05. Statutory Authority: RCW  29.04.080,
				  29.04.210, 29.36.150. 00-10-010, § 434-262-110, filed 4/21/00, effective
				  5/22/00. Statutory Authority: RCW  29.04.080, 29.04.210, 29.36.150 and
				  29.79.200. 97-21-045, recodified as § 434-262-110, filed 10/13/97,
				  effective 11/13/97. Statutory Authority: RCW  29.04.080. 80-15-008 (Order 80-3),
				  § 434-62-110, filed 10/3/80.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-262 - Canvassing and certification › Section 434-262-120 - Certification of general election returns by the secretary of state

Current through Register Vol. 24-14, July 15, 2024
Pursuant to
				RCW
				 29A.60.250, upon completion of the canvass of
				each county's abstract of votes and no later than thirty days following a
				general election, the secretary of state shall certify to the governor,
				president of the senate, and speaker of the house of representatives the
				returns for all state ballot measures, federal and statewide offices, and those
				legislative and judicial offices whose jurisdiction encompasses more than one
				county. In the event the secretary of state is unable to certify all or part of
				a general election thirty days following that election because he or she has
				not received a copy of a county canvass report from one or more counties, or
				because there are discrepancies on a received report, he or she shall certify
				the state ballot measures and candidates for which completed abstracts have
				been received. The secretary of state shall also set forth, by letter to the
				governor, president of the senate, and speaker of the house of representatives
				those reasons which render him or her unable to certify the entire election.
				The certification of the remainder of the election shall take place when all
				outstanding county canvass reports have been received.
Statutory Authority:
				  RCW
				  29A.04.611,
				  29A.04.620, and
				  29A.04.630. 11-24-064, §
				  434-262-120, filed 12/6/11, effective 1/6/12. Statutory Authority:
				  RCW
				  29A.04.611. 05-17-145, § 434-262-120,
				  filed 8/19/05, effective 9/19/05. Statutory Authority: RCW  29.04.080,
				  29.04.210, 29.36.150. 00-10-010, § 434-262-120, filed 4/21/00, effective
				  5/22/00. Statutory Authority: RCW  29.04.080, 29.04.210, 29.36.150 and
				  29.79.200. 97-21-045, recodified as § 434-262-120, filed 10/13/97,
				  effective 11/13/97. Statutory Authority: RCW  29.04.080. 80-15-008 (Order 80-3),
				  § 434-62-120, filed 10/3/80.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-262 - Canvassing and certification › Section 434-262-130 - Certification of special primaries and special elections

Current through Register Vol. 24-14, July 15, 2024
Insofar as practicable, the procedures governing the
				certification of special primaries by the secretary of state shall be the same
				as those governing the certification of primaries, and the procedures governing
				the certification of special elections shall be the same as those governing
				general elections.
Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and
				  29.79.200. 97-21-045, recodified as § 434-262-130, filed 10/13/97,
				  effective 11/13/97. Statutory Authority: RCW 29.04.080. 80-15-008 (Order 80-3),
				  § 434-62-130, filed 10/3/80.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-262 - Canvassing and certification › Section 434-262-132 - Multi-county candidate races

Current through Register Vol. 24-14, July 15, 2024
When a write-in candidate files a declaration in a multicounty
				jurisdiction, the filing officer shall notify the affected counties. The filing
				officer must combine the write-in totals from all affected counties to
				determine if the total write-in votes must be tallied for individual candidates
				as per chapter 29A.60 RCW. If votes must be tallied, the officer must
				immediately notify the affected counties.
With the exception of certificates of election issued in
				accordance with
				RCW
				 29A.52.360 and
				29A.52.370,
				the filing officer must collect and combine the certified results from the
				county canvassing boards in order to issue a certificate of election for
				candidates in multicounty jurisdictions.
Statutory Authority:
				  RCW
				   29A.04.611. 07-20-074, § 434-262-132,
				  filed 10/1/07, effective 11/1/07.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-262 - Canvassing and certification › Section 434-262-133 - Election results for multicounty local ballot measures

Current through Register Vol. 24-14, July 15, 2024
In a local ballot measure election for a multicounty
				jurisdiction, the county auditor from the county with the greatest number of
				registered voters in the jurisdiction must combine the final results for that
				ballot measure from all relevant counties.
Statutory Authority:
				  RCW
				  29A.04.611. 07-20-074, § 434-262-133,
				  filed 10/1/07, effective 11/1/07.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-262 - Canvassing and certification › Section 434-262-160 - Write-in-voting-Voter intent

Current through Register Vol. 24-14, July 15, 2024
(1) In all cases of
			 write-in votes the canvassing board shall exercise all reasonable efforts to
			 determine the voter's intent. The board shall determine if votes with name and
			 spelling variations are votes for a declared write-in candidate.
(2) If a declared write-in candidate
			 qualifies as one of the top two candidates in the primary, the party preference
			 stated on the write-in declaration of candidacy, if any, shall be printed on
			 the general election ballot.
Statutory Authority:
				  RCW
				   29A.04.611. 08-15-052, § 434-262-160,
				  filed 7/11/08, effective 8/11/08. Statutory Authority: RCW  29.04.080,
				  29.04.210, 29.36.150 and 29.79.200. 97-21-045, recodified as §
				  434-262-160, filed 10/13/97, effective 11/13/97. Statutory Authority: 1990 c
				  59. 92-12-083, § 434-62-160, filed 6/2/92, effective
				  7/3/92.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-262 - Canvassing and certification › Section 434-262-200 - Retention of records

Current through Register Vol. 24-14, July 15, 2024
All records and materials are to be maintained for a period of
				sixty days after certification of each election. Where the election involves
				federal offices the records and material must be kept for twenty-two months
				from the date of the election.
Statutory Authority:
				  RCW
				  29A.04.611. 08-05-120, § 434-262-200,
				  filed 2/19/08, effective 3/21/08. Statutory Authority: RCW  29.04.080,
				  29.04.210, 29.36.150 and 29.79.200. 97-21-045, recodified as §
				  434-262-200, filed 10/13/97, effective 11/13/97. Statutory Authority: 1990 c
				  59. 92-12-083, § 434-62-200, filed 6/2/92, effective
				  7/3/92.
Washington Administrative Code › Title 434 - Secretary of State › Chapter 434-263 - Administrative complaint procedure › Section 434-263-005 - Purpose

Current through Register Vol. 24-14, July 15, 2024
The purpose of these rules is to adopt an administrative
				complaint procedure mandated by
				52 U.S.C. §
									21112, relating only to state implementation
				of Title III of the Help America Vote Act of 2002,
				Public Law
				107-252, 116 Stat. 1666 (2002), for both state and
				federal elections. This process may not be used for the purpose of contesting
				the results of any primary or election. Election contests are governed by
				chapter 29A.68 RCW.
Statutory Authority: RCW  29A.04.610. 04-16-037, §
				  434-263-005, filed 7/27/04, effective
				  8/27/04.