All elections, whether special or general, held under RCW 29A.04.321 and 29A.04.330 must be conducted by the county auditor as ex officio county supervisor of elections and, except as provided in RCW 29A.60.240, the returns canvassed by the county canvassing board.
[ 2013 c 11 § 59; 2003 c 111 § 1501; 1965 c 123 § 4; 1965 c 9 § 29.13.040; 1963 c 200 § 6; 1955 c 55 § 3; 1951 c 257 § 4; 1951 c 101 § 4; 1949 c 161 § 5; Rem. Supp. 1949 § 5153-1; ]
For any office, except precinct committee officer, at any election or primary, any voter may write in on the ballot the name of any person for an office. Votes must be individually tallied for a candidate who has filed as a write-in candidate for the office in the manner provided by RCW 29A.24.311 as long as the requirements of subsection (6), (7), or (8) of this section are met. No write-in vote for a declared write-in candidate may be rejected due to variation in the form of the name if the canvassing board can determine the person and office for which the voter intended to vote.
The total number of write-in votes cast for each office must be recorded and reported with the canvass for the election.
A write-in vote for an individual candidate for an office whose name is printed on the ballot for that same office is a valid vote for that candidate as long as the candidate's name is clearly discernible, even if the voter also marked a vote for that candidate such as to otherwise register an overvote.
Write-in votes cast for an individual candidate for an office whose name does not appear on the ballot need not be individually tallied unless the candidate has filed a timely declaration of write-in candidacy.
In the case of write-in candidates for a statewide office or any office whose jurisdiction encompasses more than one county, write-in votes for an individual candidate must be tallied when the county auditor is notified by the filing officer for that office that a candidate has filed a timely declaration of write-in candidacy. In all other cases, the county auditor determines, in accordance with this section, whether a candidate has filed a timely declaration of write-in candidacy and thus, write-in votes must be individually tallied. The county canvassing board must certify write-in votes including the vote total received by a candidate that has filed a timely declaration of write-in candidacy if the requirements of subsection (6), (7), or (8) of this section are met. Final results must consolidate the vote total associated with each candidate after the canvassing board has reconciled any variation in the spelling of names for those candidates.
In a primary, if the name of only a single candidate appears on the ballot for an office, and the total number of write-in votes cast for that office exceeds one percent of the total number of votes cast for that office, the individual write-in votes for each candidate who has filed a timely declaration of write-in candidacy must be canvassed and reported. Otherwise, individual tallying of write-in votes is not required.
In a primary, if two or more candidates appear on the ballot for an office and the total number of write-in votes cast for that office exceeds the number of votes cast for the candidate with the second highest number of votes, then the individual write-in votes for each candidate who has filed a timely declaration of write-in candidacy must be canvassed and reported. Otherwise, individual tallying of write-in votes is not required.
In a general election, if the total number of write-in votes cast for an office exceeds the number of votes cast for the candidate apparently elected to that office, then the individual write-in votes for each candidate who has filed a timely declaration of write-in candidacy must be canvassed and reported. Otherwise, individual tallying of write-in votes is not required.
[ 2018 c 187 § 3; 2012 c 89 § 4; 2005 c 243 § 12; 2004 c 271 § 147; ]
A ballot is invalid and no votes on that ballot may be counted if it is found folded together with another ballot.
Those parts of a ballot are invalid and no votes may be counted for those issues or offices where more votes are cast for the office or issue than are permitted by law; write-in votes do not contain all of the information required under RCW 29A.60.021; or that issue or office is not marked with sufficient definiteness to determine the voter's choice or intention. No write-in vote may be rejected due to a variation in the form of the name if the canvassing board can determine the issue for or against which or the person and the office for which the voter intended to vote.
[ 2011 c 10 § 47; 2009 c 414 § 2; 2003 c 111 § 1504; 1999 c 158 § 13; 1999 c 157 § 4; 1990 c 59 § 56; 1977 ex.s. c 361 § 88; 1973 1st ex.s. c 121 § 2; 1965 ex.s. c 101 § 11; 1965 c 9 § 29.54.050; prior: Code 1881 § 3091; 1865 p 38 § 2; RRS § 5336. 1895 c 156 § 10; 1889 p 411 § 29; RRS § 5294. (iii) 1905 c 39 § 1, part; 1889 p 405 § 15, part; RRS § 5272, part. (iv) 1895 c 156 § 11, part; 1886 p 128 § 1, part; Code 1881 § 3079, part; 1865 p 34 § 4, part; RRS § 5323, part; ]
Whenever the counting center personnel have a question about the validity of a ballot or the votes for an office or issue that they are unable to resolve, they shall prepare and sign a concise record of the facts in question or dispute. These ballots shall be delivered to the canvassing board for processing. A ballot is not considered rejected until the canvassing board has rejected the ballot individually, or the ballot was included in a batch or on a report of ballots that was rejected in its entirety by the canvassing board. All ballots shall be preserved in the same manner as valid ballots for that primary or election.
[ 2011 c 10 § 48; 2005 c 243 § 13; 2003 c 111 § 1505; 1990 c 59 § 57; 1977 ex.s. c 361 § 89; 1965 c 9 § 29.54.060; prior: Code 1881 § 3080, part; 1865 p 34 § 5, part; RRS § 5324, part; ]
After the close of voting at 8:00 p.m., the county auditor must directly load the results from any direct recording electronic memory pack into the central accumulator.
[ 2013 c 11 § 60; 2011 c 10 § 49; 2003 c 111 § 1506; 1999 c 158 § 12; ]
The county auditor shall produce cumulative and precinct returns for each primary and election and deliver them to the canvassing board for verification and certification. The precinct and cumulative returns of any primary or election are public records under chapter 42.56 RCW.
Cumulative returns for state offices, judicial offices, the United States senate, and congress must be electronically transmitted to the secretary of state immediately.
[ 2005 c 274 § 249; 2005 c 243 § 14; 2003 c 111 § 1507; 1990 c 59 § 60; ]
In counties using voting systems, the county auditor shall maintain the following documents for at least sixty days after the primary or election:
Sample ballot formats together with a record of the format or formats assigned to each precinct;
All programming material related to the control of the vote tallying system for that primary or election; and
All test materials used to verify the accuracy of the tabulating equipment as required by RCW 29A.12.130.
[ 2003 c 111 § 1509; 1990 c 59 § 61; 1977 ex.s. c 361 § 94; ]
The electronic record produced and counted by electronic voting devices is the official record of each vote for election purposes. The paper record produced under RCW 29A.12.085 must be stored and maintained for use only in the following circumstances:
In the event of a manual recount;
By order of the county canvassing board;
By order of a court of competent jurisdiction; or
For use in the random audit of results described in RCW 29A.60.185.
When such paper record is used in any of the circumstances listed in subsection (1) of this section, it shall be the official record of the election.
[ 2005 c 242 § 3; ]
Votes cast by stickers or printed labels are not valid for any purpose and shall be rejected. Votes cast by sticker or label shall not affect the validity of other offices or issues on the voter's ballot.
[ 2003 c 111 § 1510; 1990 c 59 § 46; 1965 ex.s. c 101 § 16; ]
Immediately after their tabulation, all ballots counted at a ballot counting center must be sealed in containers that identify the primary , general election, or special election and be retained for at least 22 months.
In the presence of major party observers , with a minimum of two observers from each party being present, containers may only be opened by the canvassing board as part of the canvass, to conduct recounts, to conduct a random check , to conduct an audit under section 2 of this act, or by order of a court judge in a contest or election dispute. If the canvassing board opens a ballot container, it shall be done in the presence of at least two observers from each of the major political parties, and the candidates on the ballot or their designated representatives if designated in writing, and the ballot issue representatives, must also be invited to attend. The canvass board shall make a full written record of the additional tabulation or examination made of the ballots along with the date, time, and names of canvass board members who conducted the tabulation or examination. A live video camera recording must capture the opening of ballot containers and removal or handling of any ballots for any purpose. This record must be added to any other record of the canvassing process and storage process in that county**, and retained for 22 months**.
All voted ballots must be manually inspected for damage, write-in votes, and incorrect or incomplete marks. If it is found that any ballot is damaged so that it cannot properly be counted by the vote tallying system, a true duplicate copy must be made of the damaged ballot in the presence of witnesses and substituted for the damaged ballot. All damaged ballots must be kept by the county auditor until sixty days after the primary or election or according to federal law, whichever is longer.
The returns produced by the vote tallying system, to which have been added the counts of questioned ballots, and write-in votes, constitute the official returns of the primary or election in that county.
[ 2011 c 10 § 51; 2003 c 111 § 1512; 1999 c 158 § 15; 1990 c 59 § 33; 1977 ex.s. c 361 § 74; ]
If inspection of the ballot reveals a physically damaged ballot or ballot that may be otherwise unreadable or uncountable by the tabulating system, the county auditor may refer the ballot to the county canvassing board or duplicate the ballot if so authorized by the county canvassing board. The voter's original ballot may not be altered. A ballot may be duplicated only if the intent of the voter's marks on the ballot is clear and the electronic voting equipment might not otherwise properly tally the ballot to reflect the intent of the voter. Ballots must be duplicated by teams of two or more people working together. When duplicating ballots, the county auditor shall take the following steps to create and maintain an audit trail of the action taken:
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;
A log must be kept of the ballots duplicated, which must at least include:
The control number of each original ballot and the corresponding duplicate ballot;
The initials of at least two people who participated in the duplication of each ballot; and
The total number of ballots duplicated.
Original and duplicate ballots must be sealed in secure storage at all times, except during duplication, inspection by the canvassing board, tabulation, or to conduct an audit under RCW 29A.60.185.
[ 2018 c 218 § 8; 2005 c 243 § 10; ]
No certificate shall be withheld on account of any defect or informality in the returns of any election, if it can with reasonable certainty be ascertained from such return what office is intended, and who is entitled to such certificate, nor shall any commission be withheld by the governor on account of any defect or informality of any return made to the office of the secretary of state.
[ 2003 c 111 § 1513; 1965 c 9 § 29.27.120; prior: Code 1881 § 3102; 1865 p 41 § 13; RRS § 5347; ]
Members of the county canvassing board are the county auditor, who is the chair, the county prosecuting attorney, and the chair of the county legislative body. If a member of the board is not available to carry out the duties of the board, then the auditor may designate a deputy auditor, the prosecutor may designate a deputy prosecuting attorney, and the chair of the county legislative body may designate another member of the county legislative body or, in a county with a population over one million, an employee of the legislative body who reports directly to the chair. An "employee of the legislative body" means an individual who serves in any of the following positions: Chief of staff; legal counsel; clerk of the council; policy staff director; and any successor positions to these positions should these original positions be changed. Any such designation may be made on an election-by-election basis or may be on a permanent basis until revoked by the designating authority. Any such designation must be in writing, and if for a specific election, must be filed with the county auditor not later than the day before the first day duties are to be undertaken by the canvassing board. If the designation is permanent until revoked by the designating authority, then the designation must be on file in the county auditor's office no later than the day before the first day the designee is to undertake the duties of the canvassing board. Members of the county canvassing board designated by the county auditor, county prosecuting attorney, or chair of the county legislative body shall complete training as provided in RCW 29A.04.540 and shall take an oath of office similar to that taken by county auditors and deputy auditors in the performance of their duties.
The county canvassing board may adopt rules that delegate in writing to the county auditor or the county auditor's staff the performance of any task assigned by law to the canvassing board.
The county canvassing board may not delegate the responsibility of certifying the returns of a primary or election, of determining the validity of challenged ballots, or of determining the validity of provisional ballots referred to the board by the county auditor.
The county canvassing board shall adopt administrative rules to facilitate and govern the canvassing process in that jurisdiction.
Meetings of the county canvassing board are public meetings under chapter 42.30 RCW. All rules adopted by the county canvassing board must be adopted in a public meeting under chapter 42.30 RCW, and once adopted must be available to the public to review and copy under chapter 42.56 RCW.
[ 2008 c 308 § 1; 2005 c 274 § 250; 2003 c 111 § 1514; ]
The members of the county canvassing board may not include individuals who are candidates for an office to be voted upon at the primary or election. If no individual is available to serve on the canvassing board who is not a candidate at the primary or election the individual who is a candidate must not make decisions regarding the determination of a voter's intent with respect to a vote cast for that specific office; the decision must be made by the other two members of the board. If the two disagree, the vote must not be counted unless the number of those votes could affect the result of the primary or election, in which case the secretary of state or a designee shall make the decision on those votes. This section does not restrict participation in decisions as to the acceptance or rejection of entire ballots, unless the office in question is the only one for which the voter cast a vote.
[ 2003 c 111 § 1515; 1995 c 139 § 3; 1965 c 9 § 29.62.030; 1957 c 195 § 16; prior: Code 1881 § 3098; 1865 p 39 § 8; RRS § 5345. 1919 c 163 § 21, part; Code 1881 § 3095, part; 1868 p 20 § 1, part; 1865 p 39 § 6, part; RRS § 5340, part; ]
on a daily basis, not including Saturdays, Sundays, or legal holidays.
If the voter neglects to sign the ballot declaration, the auditor shall notify the voter by first-class mail and advise the voter of the correct procedures for completing the unsigned declaration. If the ballot is received within three business days of the final meeting of the canvassing board, or the voter has been notified by first-class mail and has not responded at least three business days before the final meeting of the canvassing board, then the auditor shall attempt to notify the voter by telephone, using the voter registration record information.
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If the handwriting of the signature on a ballot declaration is not the same as the handwriting of the signature on the registration file, the auditor shall notify the voter by first-class mail, enclosing a copy of the declaration, and advise the voter of the correct procedures for updating his or her signature on the voter registration file. If the ballot is received within three business days of the final meeting of the canvassing board, or the voter has been notified by first-class mail and has not responded at least three business days before the final meeting of the canvassing board, then the auditor shall attempt to notify the voter by telephone, using the voter registration record information.
If the signature on a ballot declaration is not the same as the signature on the registration file because the name is different, the ballot may be counted as long as the handwriting is clearly the same. The auditor shall send the voter a change-of-name form under RCW 29A.08.440 and direct the voter to complete the form.
If the signature on a ballot declaration is not the same as the signature on the registration file because the voter used initials or a common nickname, the ballot may be counted as long as the surname and handwriting are clearly the same.
A voter may not cure a missing or mismatched signature for purposes of counting the ballot in a recount.
A record must be kept of all ballots with missing and mismatched signatures. The record must contain the date on which the voter was contacted or the notice was mailed, as well as the date on which the voter submitted updated information. The record must be updated each day that ballots are processed under RCW 29A.60.160, each time a voter was contacted or the notice was mailed, and when the voter submitted updated information. The auditor shall send the record, and any updated records, to the secretary of state no later than forty-eight hours after the record is created or updated. The secretary of state shall make all records publicly available no later than twenty-four hours after receiving the record.
[ 2019 c 167 § 1; 2013 c 11 § 63; 2011 c 10 § 54; 2006 c 209 § 4; 2006 c 208 § 1; 2005 c 243 § 8; ]
At least twenty-eight days prior to any special election, general election, or primary, the county auditor shall request from the chair of the county central committee of each major political party a list of individuals who are willing to serve as observers. The county auditor has discretion to also request observers from any campaign or organization. The county auditor may delete from the lists names of those persons who indicate to the county auditor that they cannot or do not wish to serve as observers, and names of those persons who, in the judgment of the county auditor, lack the ability to properly serve as observers after training has been made available to them by the auditor.
The counting center is under the direction of the county auditor and must be open to observation by one representative from each major political party, if representatives have been appointed by the respective major political parties and these representatives are present while the counting center is operating. The proceedings must be open to the public, but no persons except those employed and authorized by the county auditor may touch any ballot or ballot container or operate a vote tallying system.
A random check of the ballot counting equipment must be conducted upon mutual agreement of the political party observers or at the discretion of the county auditor. The random check procedures must be adopted by the state auditor and be based on procedures that meet the current version of the best practices for securing election systems as established and published by the federal cybersecurity and infrastructure security agency. The check must be completed no later than forty-eight hours after election day.
Each registered voter casting a valid ballot will be credited with voting on his or her voter registration record.
[ 2011 c 10 § 56; 2003 c 111 § 1518; 2001 c 241 § 12; 1988 c 181 § 3; 1987 c 346 § 16; 1983 c 136 § 1; 1965 c 9 § 29.36.075; prior: 1961 c 78 § 1; ]
Prior to the certification of the general election, a full forensic audit of the general election must be conducted in accordance with section 2 of this act.
Prior to certification of the primary and special election , the county auditor shall conduct an audit of duplicated ballots in accordance with subsection (3) of this section, and an audit using at minimum two of the following methods:
An audit of results of votes cast on the direct recording electronic voting devices, or other in-person ballot marking systems, used in the county if there are races or issues with more than ten votes cast on all direct recording electronic voting devices or other in-person ballot marking systems in the county. This audit must be conducted by randomly selecting by lot up to 50 percent of the direct recording electronic voting devices or other in-person ballot marking systems, or one direct recording electronic voting device or other in-person ballot marking system, whichever is greater, and, for each device or system, comparing the results recorded electronically with the results recorded on paper. For purposes of this audit, the results recorded on paper must be tabulated as follows: On 50 percent of the devices or systems selected for audit, the paper records must be tabulated manually; on the remaining devices or systems, the paper records may be tabulated by a mechanical device determined by the state auditor to be capable of accurately reading the votes cast and printed thereon and qualified for use in the state under applicable state and federal laws. The mayoral contest with the most votes cast, one randomly selected local government council contest, and at least one additional randomly selected ballot contest must be audited on each device or system. If in any particular election there is no mayoral contest, the county auditor shall randomly select another local government council race to audit. This audit procedure must be subject to observation in accordance with subsection (6) of this section. As used in this subsection, "in-person ballot marking system" or "system" means an in-person ballot marking system that retains or produces an electronic voting record of each vote cast using the system;
A random check of the ballot counting equipment for accuracy;
A risk-limiting audit. A "risk-limiting audit" means an audit protocol that makes use of statistical principles and methods which produce the most accurate outcome and are consistent with the highest industry standards and is designed to limit the risk of certifying an incorrect election outcome.
The state auditor shall set the risk limit. A "risk limit" means the largest statistical probability that an incorrect reported tabulation outcome is not detected in a risk-limiting audit**.**
The county auditor shall randomly select for audit the mayoral race with the most votes cast, one local government council race selected at random, and at least one ballot contest . The county auditor shall randomly select another local government council race for audit if in any particular election there is no mayoral contest**.**
The state auditor shall establish procedures for implementation of risk-limiting audits, including random selection of the audit sample, determination of audit size, and procedures for a comparison risk-limiting audit and ballot polling risk-limiting audit as defined in (c)(iii)(A) and (B) of this subsection. The audit sample and size must be sufficiently large and consistent with industry best practices proven to yield accurate results.
(A) In a comparison risk-limiting audit, the county auditor compares the voter markings on randomly selected ballots to the ballot-level cast vote record produced by the ballot counting equipment.
(B) In a ballot polling risk-limiting audit, the county auditor of a county using ballot counting equipment that does not produce ballot-level cast vote records reports the voter markings on randomly selected ballots until the prespecified risk limit is met; or
d. An independent electronic audit of the original ballot counting equipment used in the county. The county auditor may either conduct an audit of all ballots cast, or limit the audit to **five percent of the** precincts or **12** batches pursuant to procedures **established by the state auditor**. This audit must be conducted using an independent electronic audit system that is, at minimum:
i. Approved by the **state auditor**;
ii. Completely independent from all voting systems, including ballot counting equipment, that is used in the county;
iii. **Not connected to the internet, and incapable of connecting to any wireless, bluetooth, universal serial bus, or similar exterior drives which may compromise data;**
iv. Distributed or manufactured by a vendor different from the vendor that distributed or manufactured the original ballot counting equipment; and
v. Capable of demonstrating that it can verify and confirm the **logic and** accuracy of the original ballot counting equipment's reported results.
Prior to certification of the election, the county auditor must conduct an audit of ballots duplicated under RCW 29A.60.125. The audit of duplicated ballots must involve a comparison of the duplicated ballot to the original ballot. The state auditor must establish procedures for the auditing of duplicated ballots.
For each audit method included in this section, the state auditor must adopt procedures no later than six months before the primary, general election, or special election for expanding the audit to include additional ballots when an audit results in a discrepancy. The procedure must specify under what circumstances a discrepancy will lead to an audit of additional ballots, and the method to determine how many additional ballots will be selected. The state auditor shall also adopt procedures no later than six months before the primary, general election, or special election for investigating the cause of any discrepancy found during an audit**, which must include an investigation by the state election audit board for any discrepancies found in a general election**.
The state auditor must establish rules to implement and administer the auditing methods in this sectionwhich must include public observation in accordance with subsection (6) of this section and detailed reporting requirements to ensure proper transparency and accountability to the voters.
All audits performed pursuant to this section must be open to observation by the candidates on the ballot or the candidate's designated representatives, ballot issue representatives on file with the county auditor or the representatives' designees, and political party observers, and made available to a minimum of 20 county residents per day who have resided and been registered to vote in the county for at least 12 months prior to the election that is being audited. The county auditor shall notify the candidates, ballot issue representatives, and political party observers of the audit in writing at least two weeks prior to the audit. The county auditor shall publish a notice two weeks before each audit announcing the audit, including the date, time, and location of the audit; a clearly stated purpose; and an invitation to the public to attend and observe the audit. The notice must be prominently displayed and readily visible on the county auditor's website, or county website if the county auditor does not have one, and published in newspapers with the largest and, if applicable, second largest readership in the county and be of a size which occupies at least one-eighth of a page.
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Ten days after a special election held in February or April, ten days after a presidential primary held pursuant to chapter 29A.56 RCW, fourteen days after a primary, or twenty-one days after a general election except as specified in (b) of this subsection, the county canvassing board shall complete the canvass and the secretary of state and state auditor shall certify the results. Saturdays, Sundays, and legal holidays are not counted for purposes of this section. Each ballot that was returned before 8:00 p.m. on the day of the special election, general election, primary, or presidential primary, and each ballot bearing a postmark on or before the date of the special election, general election, primary, or presidential primary and received by 11:59 p.m. of the seventh day after the election not including Saturdays, Sundays, and legal holidays must be included in the canvass report.
The secretary of state or state auditor may not certify a general election until after all audits required under section 2 of this act, or section 4 of this act as related to RCW 29A.60.185 for special or primary elections, are complete. If an audit is still active 21 days after the general election, then the secretary of state and state auditor shall certify the election with input from the state election audit board, no later than 45 days after the election.
As part of the election certification process:
The county auditor must certify in writing that the number of votes cast in the county for the primary or election are equal to or less than the number of registered voters in the county; and
The secretary of state and the state auditor shall certify in writing that the number of votes cast statewide in the primary or election are equal to or less than the number of registered voters in the state.
Before certification of the primary or election, the county auditor must examine and investigate all received provisional ballots to determine whether the ballot can be counted. The auditor shall provide the disposition of the provisional ballot and, if the ballot was not counted, the reason why it was not counted, on a free access system such as a toll-free telephone number, website, mail, or other means. The auditor must notify the voter in accordance with RCW 29A.60.165 when the declaration is unsigned or when the signatures do not match.
[ 2011 c 10 § 59; 2005 c 243 § 9; ]
Before canvassing the returns of a primary or election, the chair of the county legislative authority or the chair's designee shall administer an oath to the county auditor or the auditor's designee attesting to the authenticity of the information presented to the canvassing board. This oath must be signed by the county auditor or designee and filed with the returns of the primary or election.
The county canvassing board shall proceed to verify the results from the ballots received. The board shall execute a certificate of the results of the primary or election signed by all members of the board or their designees. Failure to certify the returns, if they can be ascertained with reasonable certainty, is a crime under RCW 29A.84.720.
[ 2011 c 10 § 60; 2003 c 111 § 1520; 1990 c 59 § 63; 1965 c 9 § 29.62.040; 1957 c 195 § 17; prior: 1919 c 163 § 21, part; Code 1881 § 3095, part; 1868 p 20 § 1, part; 1865 p 39 § 6, part; RRS § 5340, part. 1893 c 112 § 2; RRS § 5342. (iii) 1903 c 85 § 1, part; Code 1881 § 3094, part; 1865 p 38 § 4, part; RRS § 5339, part; ]
Whenever the canvassing board finds during the initial counting process, or during any subsequent recount thereof, that there is an apparent discrepancy or an inconsistency in the returns of a primary or election, or that election staff has made an error regarding the treatment or disposition of a ballot, the board may recanvass the ballots or voting devices in any precincts of the county. The canvassing board shall conduct any necessary recanvass activity on or before the last day to certify or recertify the results of the primary, election, or subsequent recount and correct any error and document the correction of any error that it finds.
[ 2005 c 243 § 17; 2003 c 111 § 1521; 1990 c 59 § 64; 1965 c 9 § 29.62.050; 1951 c 193 § 1; 1917 c 7 § 1, part; 1913 c 58 § 15, part; RRS § 5315, part; ]
If the requisite number of any federal, state, county, city, or district offices have not been nominated in a primary by reason of two or more persons having an equal and requisite number of votes for being placed on the general election ballot, the official empowered by state law to certify candidates for the general election ballot shall give notice to the several persons so having the equal and requisite number of votes to attend at the appropriate office at the time designated by that official, who shall then and there proceed publicly to decide by lot which of those persons will be declared nominated and placed on the general election ballot.
If the requisite number of any federal, state, county, city, district, or precinct officers have not been elected by reason of two or more persons having an equal and highest number of votes for one and the same office, the official empowered by state law to issue the original certificate of election shall give notice to the several persons so having the highest and equal number of votes to attend at the appropriate office at the time to be appointed by that official, who shall then and there proceed publicly to decide by lot which of those persons will be declared duly elected, and the official shall make out and deliver to the person thus duly declared elected a certificate of election.
[ 2004 c 271 § 176; ]
Immediately after the official results of a state primary or general election in a county are ascertained, the county auditor or other election officer shall make an abstract of the number of registered voters in each precinct and of all the votes cast in the county at such state primary or general election for and against state measures and for each candidate for federal, state, and legislative office or for any other office which the secretary of state is required by law to canvass. The cumulative report of the election and a copy of the certificate of the election must be transmitted to the secretary of state immediately. The county auditor or other election official may aggregate results from more than one precinct if the auditor, pursuant to rules adopted by the secretary of state, finds that reporting a single precinct's ballot results would jeopardize the secrecy of a person's ballot. To the extent practicable, precincts for which results are aggregated must be contiguous.
[ 2011 c 10 § 61; 2003 c 111 § 1523; 2001 c 225 § 2; 1999 c 298 § 21; 1990 c 262 § 1; 1977 ex.s. c 361 § 96; 1965 c 9 § 29.62.090; 1895 c 156 § 12; Code 1881 § 3101; 1865 p 40 § 12; RRS § 5346. Code 1881 § 3103; 1865 p 41 § 14; RRS § 5348; ]
The county auditor shall prepare at the time of certification an election reconciliation report that discloses the following information:
The number of registered voters;
The number of ballots issued;
The number of ballots received;
The number of ballots counted;
The number of ballots rejected;
The number of provisional ballots issued;
The number of provisional ballots received;
The number of provisional ballots counted;
The number of provisional ballots rejected;
The number of federal write-in ballots received;
The number of federal write-in ballots counted;
The number of federal write-in ballots rejected;
The number of overseas and service ballots issued by mail, email, website link, or facsimile;
The number of overseas and service ballots received by mail, email, or facsimile;
The number of overseas and service ballots counted by mail, email, or facsimile;
The number of overseas and service ballots rejected by mail, email, or facsimile;
The number of nonoverseas and nonservice ballots sent by email, website link, or facsimile;
The number of nonoverseas and nonservice ballots received by email or facsimile;
The number of nonoverseas and nonservice ballots that were rejected for:
Failing to send an original or hard copy of the ballot by the certification deadline; or
Any other reason, including the reason for rejection;
The number of voters credited with voting;
The number of replacement ballots requested;
The number of replacement ballots issued;
The number of replacement ballots received;
The number of replacement ballots counted;
The number of replacement ballots rejected; and
Any other information the state auditor or county auditor deems necessary to reconcile the number of ballots counted with the number of voters credited with voting, and to maintain an audit trail.
The county auditor must make the report available to the public at the auditor's office and must publish the report on the auditor's website upon completion of the report. The county auditor must submit the report in writing to the secretary of state**, state auditor, and state election audit board for a general election,** at the time of completion of the report.
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The secretary of state**, state auditor, and state election audit board for a general election,** must receive the reconciliation reports from each county auditor . The secretary of state must prepare a statewide reconciliation report for each state primary and general election**, which must be thoroughly reviewed and reconciled using the county auditor reports for final approval by the state auditor and, for a general election, the state election audit board**. The report may be produced in a form determined by the state auditor that includes the information as described in this subsection (3). The report must be prepared and published on the secretary of state's and the state auditor's website immediately upon completion.
The state report must include a comparison among counties on rates of votes received, counted, and rejected, including provisional, write-in, overseas ballots, and ballots transmitted electronically. The comparison information may be in the form of rankings, percentages, or other relevant quantifiable data that can be used to measure performance and trends.
The state report must also include an analysis of the data that can be used to develop a better understanding of election administration and policy. The analysis must combine data, as available, over multiple years to provide broader comparisons and trends regarding voter registration and turnout and ballot counting. The analysis must incorporate national election statistics to the extent such information is available.
The secretary of state and the state auditor shall, as soon as possible but in any event not later than seventeen days following the primary, canvass and certify the returns of all primary elections as to candidates for statewide offices, United States senators and representatives in Congress, and all legislative and judicial candidates whose district extends beyond the limits of a single county.
As part of the election certification process:
The county auditor must certify in writing that the number of votes cast in the county are equal to or less than the number of registered voters in the county; and
The secretary of state and the state auditor shall certify in writing the number of votes cast statewide are equal to or less than the number of registered voters in the state.
As soon as the returns have been received from all the counties of the state, but not later than the 45th day after the general election, the secretary of state and the state auditor in the presence of the state election audit board shall canvass and certify the returns of the general election as to candidates for statewide offices, the United States senate, congress, and all legislative and judicial candidates whose districts extend beyond the limits of a single county. The secretary of state shall transmit a copy of the certification to the state election audit board, governor, president of the senate, and speaker of the house of representatives.
As part of the election certification process:
The county auditor must certify in writing that the number of votes cast in the county are equal to or less than the number of registered voters in the county; and
The secretary of state and the state auditor shall certify in writing the number of votes cast statewide are equal to or less than the number of registered voters in the state.
The votes on proposed amendments to the state Constitution, recommendations for the calling of constitutional conventions and other questions submitted to the people must be counted, canvassed, and returned by each county canvassing board in the manner provided by law for counting, canvassing, and returning votes for candidates for state offices. The secretary of state and the state auditor shall, in the presence of the state election audit board, within thirty days after the election, canvass the votes upon each question and certify to the state election audit board the result. The state election audit board shall forthwith issue a proclamation giving the whole number of votes cast in the state for and against such measure and declaring the result. If the vote cast upon an initiative or referendum measure is equal to less than one-third of the total vote cast at the election, the state election audit board shall proclaim the measure to have failed.
As part of the election certification process:
The county auditor must certify in writing that the number of votes cast in the county are equal to or less than the number of registered voters in the county; and
The secretary of state and the state auditor must certify in writing the number of votes cast statewide are equal to or less than the number of registered voters in the state.
The term of every city, town, and district officer elected to office on the first Tuesday following the first Monday in November of the odd-numbered years begins in accordance with *RCW 29A.20.040. However, a person elected to less than a full term shall assume office as soon as the election returns have been certified and he or she is qualified in accordance with RCW 29A.04.133.
Each board of directors of every district shall be organized at the first meeting held after one or more newly elected directors take office.
[ 2003 c 111 § 503; 1979 ex.s. c 126 § 14; 1965 c 123 § 6; 1965 c 9 § 29.13.050; 1963 c 200 § 8; 1959 c 86 § 1; prior: 1951 c 257 § 6. 1949 c 161 § 9; Rem. Supp. 1949 § 5146-1. 1949 c 163 § 1; 1921 c 61 § 4; Rem. Supp. 1949 § 5146; ]
The legislature finds that certain laws are in conflict governing the assumption of office of various local officials. The purpose of this section is to provide a common date for the assumption of office for all the elected officials of counties, cities, towns, and special purpose districts other than school districts where the ownership of property is not a prerequisite of voting. A person elected to the office of school director begins his or her term of office at the first official meeting of the board of directors after certification of the election results. It is also the purpose of this section to remove these conflicts and delete old statutory language concerning such elections which is no longer necessary.
For elective offices of counties, cities, towns, and special purpose districts other than school districts where the ownership of property is not a prerequisite of voting, the term of incumbents ends and the term of successors begins after the successor is elected and qualified, and the term commences immediately after December 31st following the election, except as follows:
Where the term of office varies from this standard according to statute; and
If the election results have not been certified prior to January 1st after the election, in which event the time of commencement for the new term occurs when the successor becomes qualified in accordance with RCW 29A.04.133.
For elective offices governed by this section, the oath of office must be taken as the last step of qualification as defined in RCW 29A.04.133 but may be taken either:
Up to ten days prior to the scheduled date of assuming office; or
At the last regular meeting of the governing body of the applicable county, city, town, or special district held before the winner is to assume office.
[ 2003 c 111 § 504; 1999 c 298 § 3; 1980 c 35 § 7; 1979 ex.s. c 126 § 1; ]
The secretary of state must develop statewide election data and reporting standards for how election-related data is maintained and reported by each county auditor. The secretary may make reasonable rules as necessary to develop statewide standards.
The statewide standards should focus on the goals of improving:
The types of data files and procedures used to collect and maintain election information;
The public's access to election data collected, reported, and made available by each county auditor including, but not limited to:
Records of voters who were issued a ballot and voters who voted in an election, pursuant to RCW 29A.40.130;
Tabulation results made available pursuant to RCW 29A.60.160; and
Information collected and reported in the county election reconciliation report, pursuant to RCW 29A.60.235; and
The efficient compilation of data from all counties for research and analysis of election practices and trends at a statewide level.
The secretary of state may convene a work group, including county auditors and other interested stakeholders to evaluate how county election data is collected and maintained and to develop and recommend ways for improving election data reporting.
The statewide standards must be made public with ongoing analysis on whether counties are in compliance with current standards.
[ 2016 c 134 § 1; ]
Every odd-numbered year, the secretary of state must conduct and publish a statewide survey of voted ballot rejection rates and the reasons for those rejections by county auditors and canvassing boards. The secretary of state must collect data from reconciliation reports and county auditors in order to compare county and statewide averages for rates of rejected ballots and reasons for those ballots being rejected. The data collected must include rejection rates and reasons for rejection of voted ballots for all elections. The survey must include an analysis of current practices by county auditors and canvassing boards in the acceptance and rejection of ballots, and include recommendations for improvements that minimize rejections in those practices, with a goal of statewide standardization where applicable. The results must also be analyzed and compared with available national data and recognized best practices. The secretary of state's recommendations and reports must be made available to the public.
[ 2016 c 134 § 3; ]
**
Each year beginning in 2022, the state election audit board is created for the purpose of overseeing the forensic audit process required under section 2 of this act. The membership of the board consists of the following seven members:
The state auditor, or the auditor's authorized designee;
Four election observers representing four geographic locations throughout the state, randomly selected as follows:
The state auditor or their authorized designee shall randomly draw the name of one county from each of the northwest, northeast, southwest, and southeast regions of the state. The drawing must be done publicly. Two weeks before the drawing, each county auditor shall publish a notice announcing the drawing, including the date, time, and location of the drawing; the clearly stated purpose of the notice; and an invitation to the public to attend and observe the drawing. The notice must be prominently displayed and readily visible on each county auditor's website, or county website if a county auditor does not have one, and published in newspapers with the largest and, if applicable, second largest readership in each of the four geographical regions and be of a size which occupies at least one-eighth of a page.
The county auditors of each of the four counties selected in (b)(i) of this subsection shall publicly and randomly select one election observer to be appointed to the state election audit board, and a second election observer to serve as an alternate, by a drawing of all the election observer names from the county's previous election year. Two weeks before the county auditor conducts the drawing, the county auditor shall publish a notice announcing the drawing, including the date, time, and location of the drawing; the clearly stated purpose of the notice; and an invitation to the public to attend and observe the drawing. The notice must be prominently displayed and readily visible on the county auditor's website, or county website if the county auditor does not have one, and published in newspapers with the largest and, if applicable, second largest readership in the county and be of a size which occupies at least one-eighth of a page; and
Two precinct committee officers selected as follows:
The state auditor or their authorized designee shall randomly draw the name of one county not already selected under (b) of this subsection. The drawing must be done publicly. Two weeks before the drawing, each county auditor shall publish a notice announcing the drawing, including the date, time, and location of the drawing; the clearly stated purpose of the notice; and an invitation to the public to attend and observe the drawing. The notice must be prominently displayed and readily visible on each county auditor's website, or county website if a county auditor does not have one, and published in newspapers with the largest and, if applicable, second largest readership in each of the four geographical regions and be of a size which occupies at least one-eighth of a page.
Each of the two major political party county central committees of the county selected under (c)(i) of this subsection shall elect a precinct committee officer to serve on the state election audit board.
Members serve for one general election cycle. Members must be appointed to the state election audit board by June 1, 2022, and by June 1st each year thereafter.
Members of the state election audit board are eligible to receive compensation in accordance with RCW 43.03.230, and must be reimbursed for travel expenses under RCW 43.03.050 and 43.03.060.
[ 2021 c XXX § 1; ]**
**
Not more than 45 days after the state election audit board members are appointed in accordance with section 1 of this act, the state election audit board shall enter into a contract with an impartial, nonpartisan, and bonded third-party audit vendor to conduct a forensic audit of the general election beginning in 2022 and for each general election thereafter, in accordance with the requirements of this section. The state election audit board may not contract with the same vendor to conduct the forensic audit more than one time every three years. The audit must be completed no later than 30 days after the date of the general election.
A forensic audit of the general election must include a manual hand count audit of all the ballots in the following precincts:
Every precinct in the 10 counties with the largest population in the state; and
For all other counties not included in (a) of this subsection, the county auditor of each county must randomly select by a public drawing at least 10 percent of the total precincts in their county to audit. Two weeks before the county auditor conducts the drawing of election precincts, the county auditor shall publish a notice announcing the drawing, including the date, time, and location of the drawing; a clearly stated purpose of the notice; and an invitation to the public to attend and observe the drawing. The notice must be prominently displayed and readily visible on the county auditor's website, or county website if the county auditor does not have one, and published in newspapers with the largest and, if applicable, second largest readership in the county and be of a size which occupies at least one-eighth of a page.
The following forensic audit procedures apply to all counties:
Manual count of ballots. For counties described under subsection (2)(a) of this section, a manual hand count must be conducted of ballots cast in each precinct. For all other counties, manual hand counts must be conducted in precincts selected in accordance with subsection (2)(b) of this section. A manual hand count of each ballot by batch shall be conducted by the third-party audit vendor to ensure the ballots were properly counted and tallied. If the manual hand count total is different than the total from the vote tallying system, a second manual hand count of the ballots must occur. If the second manual hand count matches the first manual hand count, then that outcome must be used to certify the election. If the second manual hand count matches the total from the vote tallying system, then the total from the vote tallying system must be used to certify the election. If the second manual ballot hand count does not match the first manual ballot hand count or the total from the vote tallying system, then the state election audit board shall investigate the cause of the discrepancy and determine the accurate count of the votes before the date of the certification of the election.
Voter registration database. (i) The third-party audit vendor shall audit the voter registration database and create a log of voter registrations added to the database, revisions made to existing voter information in the voter registration database, and cancellations of voter registrations, made between January 1st of the year being audited and the date the audit is commenced. For each entry, the log must include, but is not limited to, the following:
(A) The name of each election official or employee who modified the voter registration database in any way;
(B) The location from which the individual described in (b)(i)(A) of this subsection modified the voter registration database;
(C) Whether the modification made was an addition or revision to the voter registration database, or a cancellation of a voter's registration;
(D) A detailed description of the records in the voter registration database that were modified and how these records were modified; and
(E) The source of information relied upon to make the addition, revision, or cancellation. The third-party audit vendor shall verify the legitimacy of the source and check the database for any invalid entries, revisions, or cancellations.
ii. The third-party audit vendor shall audit the voter registration database for any duplicate entries. Entries must be checked by a comparison of the name, date of birth, and valid state-issued identification number.
c. Ballot reconciliation. (i) The third-party audit vendor shall manually hand count and review the count conducted under (a) of this subsection for validity and accuracy of the tally as part of the county ballot reconciliation process in this subsection (3)(c). In addition, the third-party audit vendor will reconcile the county's ballot totals including: Number of ballots produced, mailed, and received; absentee ballots requested, mailed, and received; provisional ballots issued and received; replacement ballots issued and received; damaged ballots received and duplicated; rejected ballots; and ballots counted daily.
ii. To ensure a complete reconciliation of the election, the county auditor shall:
(A) Ensure ballots are printed using a paper stock that conforms to the manufacturer's recommendations and has been tested in each approved vote tabulation system used in the county. The county auditor shall keep a record of the paper stock amounts received and used. All paper stock must be fully accounted for and tracked to allow for easy identification of potential counterfeit ballots;
(B) Ensure all ballots contain an official watermark;
(C) Keep a written log of the number of ballots mailed per day, for what precincts, a running total of ballots mailed and returned, and the name of the election official or employee who mailed the ballots and recorded the daily running total of ballots mailed;
(D) Keep a written log of the names of all in-state voters, out-of-state voters, and overseas and service voters who requested an absentee ballot, the date of the request, the date the ballot was mailed, the address the ballot was mailed to, and the name of the election official or employee who issued the absentee ballot;
(E) Keep a written log of the date that each provisional ballot was issued; the reason for the provisional ballot request; the name of the election official or employee who issued the provisional ballot; the number of provisional ballots issued per day; and the total number of provisional ballots issued and returned;
(F) Keep a written log of the date each replacement ballot was issued; the reason the replacement ballot was requested; the name of the election official or employee who issued the replacement ballot; the number of replacement ballots issued per day; and the total number of replacement ballots issued and returned;
(G) Assign each damaged ballot a unique control number marked clearly on the front of the ballot. The county auditor shall keep a written log of the date the damaged ballot was received; the reason the ballot was declared damaged; the name of the election official or employee who processed the damaged ballot; the number of damaged ballots received per day; and the total number of damaged ballots received;
(H) Keep a written log of the date that each duplicated ballot was created; the reason that a ballot was duplicated; the name of the election official or employee who duplicated each ballot; the number of ballots duplicated per day; and the total number of ballots duplicated. The county auditor shall store all duplicated ballots separately in a container properly identifying the contents as duplicated ballots. Each duplicated ballot must be marked with the unique control number of the corresponding damaged ballot. Original damaged ballots sent to duplication should be stored separately and properly identified;
(I) Keep a written log of the number of ballots received daily in each precinct, the number of ballots received per day for all precincts, the number of ballots received in total, and the name of the election official or employee recording the information in this subsection;
(J) Keep a written log of the date a ballot was rejected for each rejected ballot; the reason for rejecting the ballot; the name of the election official or employee who rejected the ballot; the number of rejected ballots per day; and the total number of rejected ballots; and
(K) Keep a written log of the number of ballots counted daily and the name of the election official or employee recording the information in this subsection.
d. Chain of custody. The third-party audit vendor shall review the handling process of the ballots including production, mailing, receiving, pick up and transfer, batching, labeling, and storage of ballots to ensure that the chain of custody procedures are sufficient and were performed in accordance with the chain of custody procedure manual.
e. Vote tallies. The third-party audit vendor shall reconcile the number of registered voters for the general election being audited, the number of ballots mailed, the number of ballots received, the number of ballots accepted, the number of ballots rejected, the number of damaged ballots which have been duplicated, the number of provisional ballots, the number of counted ballots, and the number of final votes cast.
f. Review of voting systems. The third-party audit vendor shall review the voting systems used in the election to ensure proper set up, calibration, maintenance, and function of these systems. The vote tabulation system must have been subject to a logic and accuracy test as referenced in RCW 29A.12.130 and must be disconnected from the internet and other mechanisms that could allow remote access to the vote tabulation system or its network. All data stored on the device must be stored for at least 22 months and is subject to all election audits and forensic image procedures required under section 5 of this act.
g. Review of forensic images captured. The third-party audit vendor shall audit the forensic images captured pursuant to section 5 of this act by comparing the images captured before the general election to the image taken after the general election to determine whether any irregularities occurred that could impact the outcome of the election. Any forensic image taken in the prior 22 months by the county auditor may be used, upon request, for the audit.
The third-party audit vendor shall determine who authorized, and what procedures were followed for, sending out unsolicited absentee voter ballot applications in each general election, beginning in 2022.
During the audits conducted under this section, the third-party audit vendor shall:
Use cameras to record the entire audit process to verify the chain of custody of all voter registration lists, ballots, and vote tallies audited;
Require that only certain types of pens and other writing instruments approved by the third-party audit vendor are used during the audit;
Require wardrobe differentiation for those individuals working on the audit based on the role of the individual during the audit;
Inspect each ballot for proper ink markings, official watermarks, and depressions to confirm that the ballot was completed by an individual and not by a machine not approved by the secretary of state and the state auditor; and
Inspect each special absentee ballot for folded crease marks.
During the audit conducted under this section, the state election audit board and the third-party audit vendor must review and investigate any affidavits or complaints that were submitted or referred to the state election audit board, the third-party audit vendor, a county auditor, the state auditor, or the secretary of state concerning the general election that is being audited.
The third-party audit vendor shall prepare an audit report to the state election audit board, the governor, the state auditor, the secretary of state, and the legislature, no more than 14 days after the audit is complete. The audit report must include, but is not limited to, the following:
An executive summary of the audit;
The determination required under subsection (3)(a) of this section concerning the review of the manual ballot count;
The log required under subsection (3)(b) of this section pertaining to the voter registration database;
The log required under subsection (3)(c) of this section pertaining to the ballot reconciliation;
The log required under subsection (3)(d) of this section pertaining to the chain of custody procedures;
The log required under subsection (3)(e) of this section concerning the vote tallies;
The determination required under subsection (3)(f) of this section concerning the review of voting systems;
The determination required under subsection (3)(g) of this section concerning the review of forensic images captured;
The determination required under subsection (4) of this section regarding sending out unsolicited absent voter ballot applications;
The determination of each investigation conducted under subsection (6) of this section;
Any findings of irregularities; and
Any recommendations for further investigation or corrective action needed.
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Not more than seven days after the completion of the third-party audit vendor's report required under subsection (7) of this section, the state election audit board shall submit a final audit report to the governor, the secretary of state, the state auditor, and the legislature that includes, but is not limited to, the following:
All of the information included in the audit report submitted pursuant to subsection (7) of this section; and
Any recommendations for further investigation or corrective action needed by law enforcement, the judiciary, the secretary of state, the state auditor, or the legislature.
Reports to the governor and legislature must be submitted in writing.
In addition to the report submitted pursuant to subsection (8) of this section, not more than 14 days after completion of the third-party audit vendor's report required under subsection (7) of this section, each member of the state election audit board may submit their own final audit report to the governor, the secretary of state, the state auditor, and the legislature. Reports to the governor and legislature must be submitted in writing.
The state election audit board is dissolved 90 days after the state election audit board issues its final audit report under subsections (8) and (9) of this section.
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Each county and its election officials, election employees, and election volunteers shall cooperate with the third-party audit vendor in conducting these audits, or be subject to subpoena, warrant, criminal prosecution, or civil penalty. Any county whose county auditor, election officials, election employees, or election volunteers refuse to cooperate with the full forensic audit required under this section is subject to a minimum fine of $5,000 per day of refusal. The third-party audit vendor shall report any refusal to cooperate with the audit to the state election audit board.
The state auditor shall collect any fines due from any penalty issued pursuant to (a) of this subsection. The attorney general may enforce any penalty issued and the collection of any fines due. Fines collected must be deposited in the election audit account established under section 3 of this act.
Each county auditor, election official, election worker, and election volunteer shall sign a sworn statement under penalty of perjury declaring that the person will help conduct the audit honestly, truthfully, and with a good faith effort.
If the independent third-party audit vendor and the state election audit board finds that any person intentionally and knowingly committed fraud during the election or audit process, the state election audit board shall refer the case for investigation to the county prosecutor and the person may be subject to criminal punishment or civil penalties. A person who intentionally and knowingly commits fraud during any part of the election or audit process is guilty of a class C felony punishable under RCW 9A.20.021.
As used in this section, "third-party audit vendor" means the impartial, nonpartisan, and bonded third-party corporation contracted with by the state election audit board to conduct the audit required under this section.
[ 2021 c XXX § 2; ]**
** The election audit account is created in the custody of the state treasurer. All receipts from fines collected pursuant to section 2(11) of this act must be deposited into the account. Fifty percent of each deposit is designated for the state auditor and 50 percent is designated, in equal amounts, for each county that submits an election expense reimbursement for the election. Expenditures from the account may be used to pay for the costs incurred by the state auditor or a county to perform election audit requirements under this title. Only the state auditor or their designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.
[ 2021 c XXX § 3; ]**