wa-law.org > bill > 2025-26 > HB 1584 > Original Bill
The legislature finds that while voting by mail in Washington has increased turnout in elections, this increase in turnout has come at the expense of ballot security. No longer do voters have the privacy of a voting booth or the security of a polling place, but instead they are subject to potential intimidation, electioneering, and fraud while filling out and casting a ballot.
The legislature further finds that trust in the electoral system across the United States has declined due to credible allegations of voter fraud, ballot tampering, and foreign interference in elections. As a result, it is important to institute an electoral process that not only secures the vote from fraud, tampering, and interference, but also restores trust that the outcomes are legitimate and that the election was free and fair.
Accordingly, the legislature intends to ensure ballot security and restore trust in electoral outcomes by reimplementing in-person voting in Washington, while continuing to provide ballot access to those who most need it by allowing for limited absentee voting.
As used in this title:
"Ballot" means, as the context implies, either:
The issues and offices to be voted upon in a jurisdiction or portion of a jurisdiction at a particular primary, general election, or special election;
A facsimile of the contents of a particular ballot whether printed on a paper ballot or ballot card or as part of a voting machine or voting device in a polling place;
A physical or electronic record of the choices of an individual voter in a particular primary, general election, or special election; or
The physical document on which the voter's choices are to be recorded;
"Paper ballot" means a piece of paper on which the ballot for a particular election or primary has been printed, on which a voter may record his or her choices for any candidate or for or against any measure, and that is to be tabulated manually;
"Ballot card" means any type of card or piece of paper of any size on which a voter may record his or her choices for any candidate and for or against any measure and that is to be tabulated on a vote tallying system;
"Sample ballot" means a printed facsimile of all the issues and offices on the ballot in a jurisdiction and is intended to give voters notice of the issues, offices, and candidates that are to be voted on at a particular primary, general election, or special election;
"Provisional ballot" means a ballot issued to a voter who would otherwise be denied an opportunity to vote a regular ballot, for any reason authorized by the Help America Vote Act, including but not limited to the following:
The voter's name does not appear in the list of registered voters for the county;
There is an indication in the voter registration system that the voter has requested an absentee ballot or has already voted in that primary, special election, or general election, but the voter wishes to vote again;
There is a question on the part of the voter concerning the issues or candidates on which the voter is qualified to vote;
Any other reason allowed by law.
"Counting center" means the facility or facilities designated by the county auditor to count and canvass absentee ballots and polling place and voting center ballots that are transferred to a central site to be counted, rather than being counted by a poll-site ballot counting device.
For registered voters voting an absentee ballot by mail, "date of mailing" means the date of the postal cancellation on the envelope in which the ballot is returned to the election official by whom it was issued. For all service and overseas voters voting an absentee ballot, "date of mailing" means the date stated by the voter on the declaration.
1.
Each county shall establish and maintain an advisory committee that includes persons with diverse disabilities and persons with expertise in providing accommodations for persons with disabilities. The committee shall assist election officials in developing a plan to identify and implement changes to improve the accessibility of elections for voters with disabilities. The plan shall include recommendations for the following:
a. The number of voting centers or polling places that will be maintained in order to ensure that people with disabilities have reasonable access to accessible voting devices, and a written explanation for how the determination was made;
b. The locations of polling places, absentee ballot drop-off facilities, voting centers, and other election-related functions necessary to maximize accessibility to persons with disabilities;
c. Outreach to voters with disabilities on the availability of disability accommodation, including in-person disability access voting;
d. Transportation of voting devices to locations convenient for voters with disabilities in order to ensure reasonable access for voters with disabilities; and
e. Implementation of the provisions of the help America vote act related to persons with disabilities.
Counties must update the plan at least annually. The election review staff of the secretary of state shall review and evaluate the plan in conformance with the review procedure identified in RCW 29A.04.570.
The secretary of state as chief election officer shall make reasonable rules in accordance with chapter 34.05 RCW not inconsistent with the federal and state election laws to effectuate any provision of this title and to facilitate the execution of its provisions in an orderly, timely, and uniform manner relating to any federal, state, county, city, town, and district elections. To that end the secretary shall assist local election officers by devising uniform forms and procedures.
In addition to the rule-making authority granted otherwise by this section, the secretary of state shall make rules governing the following provisions:
The maintenance of voter registration records;
The preparation, maintenance, distribution, review, and filing of precinct maps;
Standards for the design, layout, and production of ballots;
The examination and testing of voting systems for certification;
The source and scope of independent evaluations of voting systems that may be relied upon in certifying voting systems for use in this state;
Standards and procedures for the acceptance testing of voting systems by counties;
Standards and procedures for testing the programming of vote tallying software for specific primaries and elections;
Standards and procedures for the preparation and use of each type of certified voting system including procedures for the operation of counting centers where vote tallying systems are used;
Standards and procedures to ensure the accurate tabulation and canvassing of ballots;
Consistency among the counties of the state in the preparation of ballots, the operation of vote tallying systems, and the canvassing of primaries and elections;
Procedures to ensure the secrecy of a voter's ballot when a small number of ballots are counted;
The use of substitute devices or means of voting when a voting device is found to be defective, the counting of votes cast on the defective device, the counting of votes cast on the substitute device, and the documentation that must be submitted to the county auditor regarding such circumstances;
Procedures for the transportation of sealed containers of voted ballots or sealed voting devices;
The acceptance and filing of documents via electronic transmission;
Voter registration applications and records;
The use of voter registration information in the conduct of elections;
The coordination, delivery, and processing of voter registration records accepted by driver licensing agents or the department of licensing;
The coordination, delivery, and processing of voter registration records accepted by agencies designated by the governor to provide voter registration services;
Procedures to receive and distribute voter registration applications by mail;
Procedures for a voter to change his or her voter registration address within a county by telephone;
Procedures for a voter to change the name under which he or she is registered to vote;
Procedures for canceling dual voter registration records and for maintaining records of persons whose voter registrations have been canceled;
Procedures for the electronic transfer of voter registration records between county auditors and the office of the secretary of state;
Procedures and forms related to automatic voter registration;
Procedures and forms for declarations of candidacy;
Procedures and requirements for the acceptance and filing of declarations of candidacy by electronic means;
Procedures for the circumstance in which two or more candidates have a name similar in sound or spelling so as to cause confusion for the voter;
Filing for office;
The order of positions and offices on a ballot;
Sample ballots;
Independent evaluations of voting systems and the testing, approval, and certification of voting systems;
The testing of vote tallying software programming;
Standards and procedures to prevent fraud and to facilitate the accurate processing and canvassing of ballots, including standards for the approval and implementation of hardware and software for automated signature verification systems;
Standards and procedures to guarantee the secrecy of ballots;
Uniformity among the counties of the state in the conduct of elections;
Standards and procedures to accommodate overseas voters and service voters;
The tabulation of paper ballots;
The accessibility of voting centers and polling places;
The aggregation of precinct results if reporting the results of a single precinct could jeopardize the secrecy of a person's ballot;
Procedures for conducting a statutory recount;
Procedures for filling vacancies in congressional offices if the general statutory time requirements for availability of ballots, certification, canvassing, and related procedures cannot be met;
Procedures for the statistical sampling of signatures for purposes of verifying and canvassing signatures on initiative, referendum, and recall election petitions;
Standards and deadlines for submitting material to the office of the secretary of state for the voters' pamphlet;
Deadlines for the filing of ballot titles for referendum bills and constitutional amendments if none have been provided by the legislature;
Procedures for the publication of a state voters' pamphlet;
Procedures for conducting special elections regarding nuclear waste sites if the general statutory time requirements for availability of ballots, certification, canvassing, and related procedures cannot be met;
Procedures for conducting partisan primary elections;
Standards and procedures for the proper conduct of voting on accessible voting devices;
Standards for voting technology and systems used by the state or any political subdivision to be accessible for individuals with disabilities, including nonvisual accessibility for the blind and visually impaired, in a manner that provides the same opportunity for access and participation, including privacy and independence, as other voters;
All data formats for transferring voter registration data on electronic or machine-readable media for the purpose of administering the statewide voter registration list required by the Help America Vote Act (P.L. 107-252);
Defining the interaction of electronic voter registration election management systems employed by each county auditor to maintain a local copy of each county's portion of the official state list of registered voters;
Provisions and procedures to implement the state-based administrative complaint procedure as required by the Help America Vote Act (P.L. 107-252);
Facilitating the payment of local government grants to local government election officers or vendors; and
Standards for the verification of signatures on ballot declarations.
In order to vote in any primary, special election, or general election, a person who is not registered to vote in Washington must:
Submit a registration application that is received by an election official no later than eight days before the day of the primary, special election, or general election. For purposes of this subsection (1)(a), "received" means: (i) Being physically received by an election official by the close of business of the required deadline; or (ii) for applications received online or electronically, by midnight, of the required deadline; or
Register in person at a county auditor's office, the division of elections if in a separate location from the county auditor's office, a polling place, a voting center, a student engagement hub, or other location designated by the county auditor no later than 8:00 p.m. on the day of the primary, special election if the county is conducting an election, or general election.
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In order to change a residence address for voting in any primary, special election, or general election, a person who is already registered to vote in Washington may update his or her registration by:
Submitting an address change using a registration application or making notification via any non-in-person method that is received by election officials no later than eight days before the day of the primary, special election, or general election; or
Appearing in person, at a county auditor's office, the division of elections if in a separate location from the county auditor's office, a polling place, a voting center, or other location designated by the county auditor, no later than 8:00 p.m. on the day of the primary, special election if the county is conducting an election, or general election to be in effect for that primary, special election if the county is conducting an election, or general election.
A registered voter who fails to update his or her residential address by this deadline may vote according to his or her previous registration address.
To register or update a voting address in person at a county auditor's office, a polling place, a voting center, or other location designated by the county auditor, a person must appear in person at a county auditor's office, a polling place, a voting center, or other location designated by the county auditor at a time when the facility is open and complete the voter registration application by providing the information required by RCW 29A.08.010.
A registered voter who changes residence from one address to another may transfer the voter's registration to the new address in one of the following ways:
Sending the county auditor a request stating both the voter's present address and the address from which the voter was last registered received by an election official by the eighth day prior to a primary or election;
Appearing in person before a county auditor, or at a polling place, voting center, or other location designated by the county auditor, and making such a request up until 8:00 p.m. on the day of the primary or election;
Telephoning or emailing the county auditor to update the voter's registration address by the eighth day prior to a primary or election;
Submitting a voter registration application received by an election official by the eighth day prior to a primary or election;
Submitting information to the department of licensing and received by an election official by the eighth day prior to a primary or election;
Submitting voter registration information through the health benefit exchange and received by an election official by the eighth day prior to a primary or election; or
Submitting information to an agency designated under RCW 29A.08.365 and received by an election official by the eighth day prior to a primary or election once automatic voter registration is implemented at the agency.
Each county auditor must request change of address information from the postal service for all absentee ballots. Each registered voter must be mailed an election-related document, with change of address information requested, at least once every two years and at least 90 days prior to the date of a primary or general election for federal office.
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If change of address information received by the county auditor from the postal service, the department of licensing, or another agency designated to provide voter registration services indicates that the voter has moved within the county, the county auditor shall update the registration address for the voter's registration and send an acknowledgment notice to the new address informing the voter of the update.
If the change of address information indicates the voter has moved out of the county but within the state:
The county auditor shall notify the auditor of the voter's new county of residence of the change; and
The county auditor of the voter's new county of residence shall update the registration information of the voter to the new address within the county and send an acknowledgment notice to the new address informing the voter of the update.
If the information indicates the voter has moved to a residence outside the state, the county auditor shall place the voter's registration on inactive status and send to all known addresses a confirmation notice. Such information may include any of the following:
Any document mailed by the county auditor to a voter is returned by the postal service as undeliverable without address correction information; or
Change of address information received from the postal service, the department of licensing, or another state agency designated to provide voter registration services indicates that the voter has moved out of the state.
Registration of a person as a voter is presumptive evidence of his or her right to vote. A challenge to the person's right to vote must be based on personal knowledge of one of the following:
The challenged voter has been convicted of a felony that includes serving a sentence of total confinement under jurisdiction of the department of corrections, or a felony conviction in another state's court or federal court and the voter is serving that sentence of total confinement and the person's voting rights have not been restored under RCW 29A.08.520;
The challenged voter has been judicially declared ineligible to vote due to mental incompetency under RCW 29A.08.515;
The challenged voter resides at a different address than the residential address provided, and is not subject to RCW 29A.04.151 or 29A.08.112, in which case the challenger must either:
Provide the challenged voter's actual residence on the challenge form; or
Submit evidence that he or she exercised due diligence to verify that the challenged voter does not reside at the address provided. The challenger must, at minimum, provide evidence that the challenger personally:
(A) Sent a letter with return service requested to the challenged voter's residential address provided, and to the challenged voter's mailing address, if provided;
(B) Searched local telephone directories, including online directories, to determine whether the voter maintains a telephone listing at any address in the county;
(C) Searched county auditor property records to determine whether the challenged voter owns any property in the county;
(D) Searched the statewide voter registration database to determine if the voter is registered at any other address in the state; and
(E) Searched the voter registration database of another state to determine if the voter is registered to vote in any other state;
d. The challenged voter will not be eighteen years of age by the next general election; or
e. The challenged voter is not a citizen of the United States.
A person's right to vote may be challenged by another registered voter or the county prosecuting attorney, or by the poll-site judge or inspector if the challenge is filed on election day regarding a voter who presents himself or herself to vote at the poll site.
The challenger must file a signed affidavit subject to the penalties of perjury swearing that, to his or her personal knowledge and belief, having exercised due diligence to personally verify the evidence presented, the challenged voter either is not qualified to vote or does not reside at the address given on his or her voter registration record based on one of the reasons allowed in subsection (1) of this section. The challenger must provide the factual basis for the challenge, including any information required by subsection (1)(c) of this section, in the signed affidavit. The challenge may not be based on unsupported allegations or allegations by anonymous third parties. All documents pertaining to the challenge are public records.
Challenges based on a felony conviction under RCW 29A.08.520 must be heard according to RCW 29A.08.520 and rules adopted by the secretary of state.
Beginning on January 1, 2006, all direct recording electronic voting devices must produce a paper record of each vote that may be accepted or rejected by the voter before finalizing his or her vote. This record may not be removed from the voting center or polling place, and must be human readable without an interface and machine readable for counting purposes. If the device is programmed to display the ballot in multiple languages, the paper record produced must be printed in the language used by the voter. Rejected records must either be destroyed or marked in order to clearly identify the record as rejected. Paper records produced by direct recording electronic voting devices are subject to all the requirements of chapter 29A.60 RCW for ballot handling, preservation, reconciliation, transit, and storage. The paper records must be preserved in the same manner and for the same period of time as ballots.
Before each state primary or general election at which voting systems are to be used, the county auditor shall instruct all counting center and polling place personnel who will operate a voting system in the proper conduct of their voting system duties.
The county auditor may waive instructional requirements for counting center and polling place personnel who have previously received instruction and who have served for a sufficient length of time to be fully qualified to perform their duties. The county auditor shall keep a record of each person who has received instruction and is qualified to serve at the subsequent primary or election.
No person may operate a voting system in a counting center or polling place at a primary or election unless that person has received the required instruction and is qualified to perform his or her duties in connection with the handling and tallying of ballots for that primary or election.
At each voting center and polling place, at least one voting unit certified by the secretary of state shall provide access to individuals who are blind or visually impaired.
For purposes of this section, the following definitions apply:
"Accessible" includes receiving, using, selecting, and manipulating voter data and controls.
"Nonvisual" includes synthesized speech, Braille, and other output methods.
"Blind and visually impaired" excludes persons who are both deaf and blind.
The local voters' pamphlet shall include but not be limited to the following:
Appearing on the cover, the words "official local voters' pamphlet," the name of the jurisdiction producing the pamphlet, and the date of the election or primary;
A list of jurisdictions that have measures or candidates in the pamphlet;
Information on how a person may register to vote and obtain an absentee ballot;
Candidate statements and photographs;
The text of each measure accompanied by an explanatory statement prepared by the prosecuting attorney for any county measure or by the attorney for the jurisdiction submitting the measure if other than a county measure. All explanatory statements for city, town, or district measures not approved by the attorney for the jurisdiction submitting the measure shall be reviewed and approved by the county prosecuting attorney or city attorney, when applicable, before inclusion in the pamphlet;
The arguments for and against each measure submitted by committees selected pursuant to RCW 29A.32.280; and
A list of all student engagement hubs in the county as designated under RCW 29A.40.180.
The county auditor's name may not appear in the local voters' pamphlet in an official capacity if the county auditor is a candidate for office during the same year. The auditor's name may only be included as part of the information normally included for candidates.
The cost of printing regular ballots, security sheets, and instructions, as well as the cost of printing and mailing absentee ballots, envelopes, and instructions shall be an election cost that shall be borne as determined under RCW 29A.04.410 and 29A.04.420, as appropriate.
An active registered voter and overseas voters and service voters are eligible to submit an absentee ballot request to the voter's county auditor if the voter:
Is or will be at least 65 years old on the date of the elections;
Has a disability or illness that prevents the voter from voting in person;
Is military personnel or a dependent of military personnel;
Is a student who temporarily resides outside the county;
Temporarily resides outside the state but maintains eligibility to vote in the state;
Is incarcerated but has not had their voting rights revoked, or has had their voting rights automatically restored under RCW 29A.08.520;
Is employed outside of the county during all hours the polling place is open; or
Participates in the address confidentiality program under chapter 40.24 RCW.
The county auditor must approve a request for an absentee ballot if the voter meets any of the criteria in subsection (1) of this section. The auditor may not approve requests for an absentee ballot in any other circumstances.
A voter's absentee ballot request must be sent to the voter's county auditor no earlier than 90 days nor later than the day before the election or primary at which the person seeks to vote. Except as otherwise provided by law, the request may be made orally in person, by telephone, electronically, or in writing. An application or request for an absentee ballot made under the authority of a federal statute or regulation will be considered and given the same effect as a request for an absentee ballot under this chapter.
A voter requesting an absentee ballot for a primary may also request an absentee ballot for the following general election. A request by an overseas voter or service voter for an absentee ballot for a primary election will also be considered as a request for an absentee ballot for the following general election.
In requesting an absentee ballot, the voter must state the address to which the absentee ballot should be sent. A request for an absentee ballot from an overseas voter or service voter must include the address of the last residence in the state of Washington.
No person, organization, or association may distribute any absentee ballot materials that contain a return address other than that of the appropriate county auditor.
A special absentee ballot may not be requested more than ninety days before the applicable state primary or general election. The special absentee ballot will list the offices and measures, if known, scheduled to appear on the state primary or general election ballot. The voter may use the special absentee ballot to write in the name of any eligible candidate for each office and vote on any measure.
The county auditor shall include a listing of any candidates who have filed before the time of the application for offices that will appear on the ballot at that primary or election and a list of any issues that have been referred to the ballot before the time of the application.
Write-in votes on special absentee ballots must be counted in the same manner provided by law for the counting of other write-in votes. The county auditor shall process and canvass the special absentee ballots provided under this section in the same manner as other ballots under this chapter and chapter 29A.60 RCW.
A voter who requests a special absentee ballot under this section may also request a regular absentee ballot. If the regular absentee ballot is properly voted and returned, the special absentee ballot is void, and the county auditor shall reject it in whole when special absentee ballots are canvassed.
Except where a recount or litigation is pending, the county auditor must mail absentee ballots to each voter for whom an absentee ballot request has been approved at least eighteen days before each primary or election, and as soon as possible for all subsequent absentee ballot requests and registration changes.
Except where a recount or litigation is pending, the county auditor must mail absentee ballots to each service and overseas voter for whom an absentee ballot request has been approved at least thirty days before each special election, and at least forty‑five days before each primary or general election, or any special election that involves federal office. A request for an absentee ballot made by an overseas or service voter after that day must be processed immediately.
A registered voter may obtain a replacement absentee ballot if the ballot is destroyed, spoiled, lost, or not received by the voter. The voter may obtain the replacement absentee ballot by telephone request, by mail, electronically, or in person. The county auditor shall keep a record of each request for a replacement absentee ballot.
Within 24 hours of mailing the absentee ballots, the county auditor shall certify to the office of the secretary of state the dates the ballots were mailed. If the absentee ballots are not mailed within timelines specified under subsections (1) and (2) of this section, the auditor must notify the secretary within 24 hours of the reason for the delay and the date the ballots will be mailed . If the county auditor has not provided such information to the secretary by the Monday 15 days before the election, the secretary must contact the county auditor to inquire about the reason for the delay and the date that the auditor expects the absentee ballots will be sent.
Failure to mail absentee ballots as prescribed in this section does not by itself provide a basis for an election contest or other legal challenge to the results of a primary, general election, or special election.
The county auditor shall send each voter whose absentee ballot request has been approved a ballot, a security envelope in which to conceal the ballot after voting, a larger envelope in which to return the security envelope, a declaration that the voter must sign, and instructions on how to obtain information about the election, how to mark the ballot, and how to return the ballot to the county auditor. The calendar date of the election must be prominently displayed in bold type, twenty-point font or larger, on the envelope sent to the voter containing the ballot and other materials listed in this subsection.
The voter must swear under penalty of perjury that he or she meets the qualifications to vote, and has not voted in any other jurisdiction at this election. The declaration must clearly inform the voter that it is illegal to vote if he or she is not a United States citizen; it is illegal to vote if he or she is serving a sentence of total confinement under the jurisdiction of the department of corrections for a felony conviction or is currently incarcerated for a federal or out-of-state felony conviction; it is illegal to cast a ballot or sign a ballot declaration on behalf of another voter; and that the signature on the declaration will be compared to the signature in the voter's registration file. The absentee ballot materials must provide space for the voter to sign the declaration, indicate the date on which the ballot was voted, and include a telephone number.
For overseas and service voters, the signed declaration constitutes the equivalent of a voter registration. Return envelopes for overseas and service voters must enable the absentee ballot to be returned postage free if mailed through the United States postal service, United States armed forces postal service, or the postal service of a United States foreign embassy under 39 U.S.C. 3406.
The voter must be instructed to either return the absentee ballot to the county auditor no later than 8:00 p.m. the day of the election or primary, or mail the absentee ballot to the county auditor with a postmark no later than the day of the election or primary. Return envelopes for all election ballots must include prepaid postage. Service and overseas voters must be provided with instructions and a privacy sheet for returning the ballot and signed declaration by fax or email. A voted ballot and signed declaration returned by fax or email must be received by 8:00 p.m. on the day of the election or primary.
The county auditor's name may not appear on the security envelope, the return envelope, or on any voting instructions or materials included with the absentee ballot if he or she is a candidate for office during the same year.
For purposes of this section, "prepaid postage" means any method of return postage paid by the county or state.
County auditors must request that observers be appointed by the major political parties to be present during the processing of ballots at polling places and counting centers. County auditors have discretion to also request that observers be appointed by any campaigns or organizations. The absence of the observers will not prevent the processing of ballots if the county auditor has requested their presence. Observers may not touch any ballots, ballot materials, or election systems. Unauthorized physical contact, or access to ballots or election systems, is a crime subject to punishment under chapter 29A.84 RCW.
(1) The opening and subsequent processing of return envelopes for any primary or election may begin upon receipt. The tabulation of absentee ballots must not commence until after 8:00 p.m. on the day of the primary or election.
The opening and subsequent processing of return envelopes for any primary or election may begin upon receipt. The tabulation of absentee ballots must not commence until after 8:00 p.m. on the day of the primary or election.
All received return envelopes must be placed in secure locations from the time of delivery to the county auditor until their subsequent opening. After opening the return envelopes, the county canvassing board shall place all of the absentee ballots in secure storage until processing. Ballots may be taken from the inner envelopes and all the normal procedural steps may be performed to prepare these ballots for tabulation.
The canvassing board, or its designated representatives, shall examine the postmark on the return envelope and signature on the declaration before processing the absentee ballot. The ballot must either be received no later than 8:00 p.m. on the day of the primary or election, or must be postmarked no later than the day of the primary or election. All personnel assigned to verify signatures must receive training on statewide standards for signature verification. The county auditor shall publish on its website the names of all canvassing board members who received training on statewide standards for signature verification and the dates on which the training was completed. Personnel shall verify that the voter's signature on the ballot declaration is the same as the signature of that voter in the registration files of the county. Verification may be conducted by an automated verification system approved by the secretary of state. A variation between the signature of the voter on the ballot declaration and the signature of that voter in the registration files due to the substitution of initials or the use of common nicknames is permitted so long as the surname and handwriting are clearly the same.
If the postmark is illegible, the date on the absentee ballot declaration to which the voter has attested determines the validity, as to the time of voting, for that ballot.
If the postmark is missing on a ballot that is received by the county auditor after election day, the ballot may be counted only if the voter signs a declaration attesting, under penalty of perjury, that the ballot was mailed on or before election day. The county auditor must notify every such voter by first-class mail. If the voter has not responded at least three business days before the final meeting of the canvassing board, then the auditor must attempt to notify the voter by telephone, using the voter registration record information.
For overseas voters and service voters, the date on the declaration to which the voter has attested determines the validity, as to the time of voting, for that ballot. Any overseas voter or service voter may return the signed declaration and voted ballot by fax or email by 8:00 p.m. on the day of the primary or election, and the county auditor must use established procedures to maintain the secrecy of the ballot.
Each county auditor shall maintain in his or her office, open for public inspection, a record of all voters who have voted in person and all voters who have been issued an absentee ballot and all voters who returned an absentee ballot. For each primary, special election, or general election, any political party, committee, or person may request a list of all registered voters who have or have not voted. Such requests shall be handled as public records requests pursuant to chapter 42.56 RCW.
Each county auditor may open a voting center each primary, special election if the county is conducting an election, and general election. The voting center shall be open during business hours during the voting period. The voting period for voters voting an absentee ballot begins eighteen days before and ends at 8:00 p.m. on the day of the primary, special election if the county is conducting an election, or general election. For service and overseas voters voting an absentee ballot, the voting period begins 30 days before each special election and 45 days before each primary and general election and ends at 8:00 p.m. the day of the primary. The voting period for all other voters begins five days before and ends at 8:00 p.m. on the day of the primary, special election if applicable, or general election. The voting center may serve as a location, in addition to polling places, where voters can cast a ballot in person.
Each county auditor shall open a voting center at each of the following locations in the county:
At the county auditor's office or at the division of elections that is in a separate location from the county auditor's office; and
For each presidential general election, in each city in the county with a population of one hundred thousand or greater which does not have a voting center as required in (a) of this subsection. A voting center opened pursuant to this subsection (2) is not required to be open on the Sunday before the presidential election.
Voting centers shall be located in public buildings or buildings that are leased by a public entity including, but not limited to, libraries.
Each voting center, and at least one of the other locations designated by the county auditor to allow voters to register in person pursuant to RCW 29A.08.140(1)(b), must provide voter registration materials, ballots, provisional ballots, information about polling places in the county, information about requesting an absentee ballot, disability access voting units, sample ballots, instructions on how to properly vote the ballot, an absentee ballot drop box, and voters' pamphlets, if a voters' pamphlet has been published.
Each voting center must be accessible to persons with disabilities. Each state agency and entity of local government shall permit the use of any of its accessible facilities as voting centers when requested by a county auditor.
Each voting center must provide at least one voting unit certified by the secretary of state that provides access to individuals who are blind or visually impaired, enabling them to vote with privacy and independence.
No person may interfere with a voter attempting to vote in a voting center. Interfering with a voter attempting to vote is a violation of RCW 29A.84.510. The county auditor shall designate by administrative rule a specific point or points as the entrance to each voting center, taking into account the unique attributes of the voting center, to assure that voters have the ability to arrive and depart unimpeded.
No person may interfere with the operation of a voting center. Interfering with the operation of a voting center is a violation of RCW 29A.84.510. This prohibition includes unauthorized access or handling of ballots, and unauthorized access to any voting equipment or election systems. Unauthorized access includes elected officials and county staff accessing systems in any manner not required by their job function.
Before opening the voting center, the voting equipment shall be inspected to determine if it has been properly prepared for voting. If the voting equipment is capable of direct tabulation of each voter's choices, the county auditor shall verify that no votes have been registered for any issue or office, and that the device has been sealed with a unique numbered seal at the time of final preparation and logic and accuracy testing. A log must be made of all device numbers and seal numbers.
The county auditor shall require any person desiring to vote at a voting center to either sign a ballot declaration or provide identification.
The signature on the declaration must be compared to the signature on the voter registration record before the ballot may be counted. If the voter registered using a mark, or can no longer sign the voter's name, the election officers shall require the voter to be identified by another registered voter.
The identification must be valid photo identification, such as a driver's license, state identification card, student identification card, tribal identification card, or employer identification card. A tribal identification card is not required to include a residential address or an expiration date to be considered valid under this section. Any individual who desires to vote in person but cannot provide identification shall be issued a provisional ballot, which shall be accepted if the signature on the declaration matches the signature on the voter's registration record.
Provisional ballots must be accompanied by a declaration and security envelope, as required by RCW 29A.40.091, and space for the voter's name, date of birth, current and former registered address, reason for the provisional ballot, and disposition of the provisional ballot. The voter shall vote and return the provisional ballot at the voting center. The voter must be provided information on how to ascertain whether the provisional ballot was counted and, if applicable, the reason why the vote was not counted.
Any voter may take printed or written material into the voting booth to assist in casting votes. The voter shall not use this material to electioneer and shall remove it when leaving the voting center.
If any voter states that the voter is unable to cast a vote due to a disability, the voter may designate a person of the voter's choice, or two election officers, to enter the voting booth and record the votes as the voter directs.
No voter is entitled to vote more than once at a primary, special election, or general election. If a voter incorrectly marks a ballot, the voter may be issued a replacement ballot.
A voter who has already returned a ballot but requests to vote at a voting center shall be issued a provisional ballot. The canvassing board shall not count the provisional ballot if it finds that the voter has also voted a regular ballot in that primary, special election, or general election.
Any voter who is inside or in line at the voting center at 8:00 p.m. on the day of the primary, special election, or general election must be allowed to vote.
For each primary, special election, and general election, the county auditor may provide election services at locations in addition to the voting center. The county auditor has discretion to establish which services will be provided at the additional locations, and which days and hours the locations will be open. Voting a ballot may only take place in person at a voting center or polling place.
The county auditor may establish drop boxes to collect absentee ballots. The county auditor must prevent overflow of each ballot drop box to allow a voter to deposit his or her absentee ballot securely. Ballots must be removed from a ballot drop box by at least two people, with a record kept of the date and time ballots were removed, and the names of people removing them. Ballots from drop boxes must be returned to the counting center in secured transport containers. A copy of the record must be placed in the container, and one copy must be transported with the ballots to the counting center, where the seal number must be verified by the county auditor or a designated representative. All ballot drop boxes must be secured at 8:00 p.m. on the day of the primary, special election, or general election.
Each state university, regional university, and The Evergreen State College as defined in RCW 28B.10.016 and each higher education campus as defined in RCW 28B.45.012 shall open a nonpartisan student engagement hub on its campus. The student engagement hub may be open during business hours beginning eight days before, and ending at 8:00 p.m. on the day of, the general election. Upon request of the student government organization to the administration and the county auditor, the student engagement hub at a state university, regional university, or The Evergreen State College as defined in RCW 28B.10.016 must allow voters to register in person pursuant to RCW 29A.08.140(1)(b) and provide voter registration materials .
Each institution shall contract with the county auditor for the operation of a student engagement hub under this section.
Student engagement hubs are not voting centers as outlined in RCW 29A.40.160 or polling places and must be operated in a manner that avoids partisan influence or electioneering.
Whenever the polling place or 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.
Immediately after their tabulation, all ballots counted at a ballot counting center must be sealed in containers that identify the primary or election and be retained for at least sixty days or according to federal law, whichever is longer. All ballots tallied by poll-site ballot counting devices must be returned to the elections department in sealed ballot containers on election day. Counties composed entirely of islands or portions of counties composed of islands shall collect the ballots within 24 hours of the close of the polls. Ballots tabulated in poll-site ballot counting devices must be sealed by two of the election precinct officers at the polling place, and a log of the seal and the names of the people sealing the container must be completed. One copy of this log must be retained by the inspector, one copy must be placed in the ballot transfer case, and one copy must be transported with the ballots to the elections department, where the seal number must be verified by the county auditor or a designated representative. Auditors using poll-site ballot counting devices may conduct early pickup of counted ballots on election day.
In the presence of major party observers who are available, ballots may be removed from the sealed containers at the elections department and consolidated into one sealed container for storage purposes. The containers may only be opened by the canvassing board as part of the canvass, to conduct recounts, to conduct a random check under RCW 29A.60.170, to conduct an audit under RCW 29A.60.185, or by order of the superior court in a contest or election dispute. If the canvassing board opens a ballot container, it shall make a full record of the additional tabulation or examination made of the ballots. This record must be added to any other record of the canvassing process in that county.
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 that have been accepted, write-in votes, and absentee ballots, constitute the official returns of the primary or election in that county.
If the voter neglects to sign the absentee ballot declaration, the auditor shall notify the voter by first-class mail and, if the auditor has a telephone number or email address on file for a voter, by telephone, text message, or email, and advise the voter both that their ballot is unsigned and of the correct procedures for completing the unsigned declaration. If the ballot is received at least five business days before the final meeting of the canvassing board, or the voter has been notified by first-class mail and has not responded at least five 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 an absentee 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, and, if the auditor has a telephone number or email address on file for a voter, by telephone, text message, or email, enclosing a copy of the declaration if notified by first-class mail or email, and advise the voter both that the signature on the ballot declaration does not match the signature on file and of the correct procedures for updating his or her signature on the voter registration file. If the ballot is received at least five business days before the final meeting of the canvassing board, or the voter has been notified by first-class mail and has not responded at least five business days before the final meeting of the canvassing board, then the auditor shall attempt to notify the voter by telephone, text message, or email, using the voter registration record information.
If the signature on an absentee ballot declaration is not the same as the signature on the registration file because the voter's name has changed, 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 an absentee 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.
If the auditor calls a voter who neglected to sign the absentee ballot declaration or whose signature on the absentee ballot declaration does not match the signature in the registration file and the voter does not answer, but voice mail is available, the auditor shall leave a voice mail message.
An auditor who provides electronic means for submission of an absentee ballot declaration signature shall establish appropriate privacy and security protocols that ensure that the information transmitted is received directly and securely by the auditor and is only used for the stated purposes of verifying the signature on the voter's ballot.
If a voter's absentee ballot is rejected in two consecutive primary or general elections due to a mismatched signature, the auditor must contact the voter by telephone, text message, or email, if the auditor has a telephone number or email address on file for the voter, and request that the voter update their signature for the voter's registration file.
A voter may not cure a missing or mismatched signature for purposes of counting the absentee ballot in a recount.
A record must be kept of all absentee 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.
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 , voting center, and polling places are 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 , voting center, and polling places are 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 county canvassing board, and consistent with rules adopted under RCW 29A.60.185(4), prior to the processing of ballots. The random check process shall involve a comparison of a manual count or electronic count if an audit under RCW 29A.60.185(1)(d) is conducted to the machine count from the original ballot counting equipment and may involve up to either three precincts or six batches depending on the ballot counting procedures in place in the county. The random check will be limited to one office or issue on the ballots in the precincts or batches that are selected for the check. The selection of the precincts or batches to be checked must be selected according to procedures established by the county canvassing board. The random check procedures must include a process, consistent with RCW 29A.60.185(3) and rules adopted under RCW 29A.60.185(4), for expanding the audit to include additional ballots when a random check conducted under this section 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. Procedures adopted under RCW 29A.60.185 pertaining to investigations of any discrepancy found during an audit must be followed. The check must be completed no later than forty-eight hours after election day.
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In counties using poll-site ballot counting devices, the political party observers, upon mutual agreement, may choose as many as three precincts and request that a manual count be made of the number of ballots and the votes cast on any office or issue. The results of this count will be compared to the count of the precinct made by the poll-site ballot counting device. These selections must be made no later than 30 minutes after the close of the polls. The manual count must be completed within 48 hours after the close of the polls. The process must take place at a location designated by the county auditor for that purpose. The political party observers must receive timely notice of the time and location, and have the right to be present. However, the process must proceed as scheduled if the observers are unable to attend.
Ten days after a special election held in February or April, ten days after a presidential primary held pursuant to chapter 29A.56 RCW, fourteen days after a primary, or twenty-one days after a general election, the county canvassing board shall complete the canvass and certify the results. Each ballot returned by an eligible voter who was in line at the polling place or voting center by 8:00 p.m. on the day of the special election, general election, primary, or presidential primary, and each absentee ballot bearing a postmark on or before the date of the special election, general election, primary, or presidential primary and received no later than the day before certification, must be included in the canvass report.
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 absentee ballots issued;
The number of absentee ballots received;
The number of absentee ballots counted;
The number of absentee ballots rejected;
The number of provisional ballots issued;
The number of provisional ballots received;
The number of provisional ballots counted;
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, web site 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, web site 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;
The total number of ballots counted; and
aa. Any other information the auditor or secretary of state 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 web site at the time of certification. The county auditor must submit the report to the secretary of state at the time of certification in any form determined by the secretary of state.
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The secretary of state must collect the reconciliation reports from each county auditor and prepare a statewide reconciliation report for each state primary and general election. The report may be produced in a form determined by the secretary that includes the information as described in this subsection (3). The report must be prepared and published on the secretary of state's web site within two months after the last county's election results have been certified.
The state report must include a comparison among counties on rates of votes received, counted, and rejected, including absentee, 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.
During the voting period specified in RCW 29A.40.160, no person may:
Within a polling place, voting center, or student engagement hub or in any public street or room in any public manner within 100 feet measured radially from the entrance to a polling center, voting center, or student engagement hub or 25 feet measured radially from an absentee ballot drop box as described in RCW 29A.40.170:
Suggest or persuade or attempt to suggest or persuade any voter to vote for or against any candidate or ballot measure;
Circulate cards or handbills of any kind;
Solicit signatures to any kind of petition; or
Engage in any practice which interferes with the freedom of voters to exercise their franchise or disrupts the administration of the polling place or voting center;
Engage in any activities restricted under (a) of this subsection through electronic amplification located more than 100 feet from an entrance to a polling place, voting center, or student engagement hub or 25 feet from an entrance to an absentee ballot drop box if the person is capable of being understood within 100 feet of the polling place, voting center, or student engagement hub or 25 feet of the absentee ballot drop box;
Obstruct the doors or entries to a building in which a polling place, voting center, or absentee ballot drop location is located or prevent free access to and from any polling place, voting center, or absentee ballot drop location.
The auditor shall post a sign at the point or points specified at each polling place and voting center as required by RCW 29A.40.160 during the voting period providing notice of the prohibition in subsection (1)(a) of this section.
Any sheriff, deputy sheriff, or municipal law enforcement officer shall stop the prohibited activity, and may arrest any person engaging in the prohibited activity.
Any violation of this section is a gross misdemeanor, punishable to the same extent as a gross misdemeanor that is punishable under RCW 9A.20.021, and the person convicted may be ordered to pay the costs of prosecution.
Nothing in this section may be construed to limit or otherwise restrict the access of an authorized political party observer to a polling place, voting center, student engagement hub, or absentee ballot drop box for the purpose of observing the election process.
Any election officer who does any electioneering at a polling place, voting center, or absentee ballot drop location during the voting period , as specified in RCW 29A.40.160, is guilty of a misdemeanor, and upon conviction must be fined in any sum not exceeding one hundred dollars and pay the costs of prosecution.
Any person who, without lawful authority, removes a ballot from a polling place, voting center, or absentee ballot drop location is guilty of a class C felony punishable to the same extent as a class C felony that is punishable under RCW 9A.20.021.
Anyone who, without authorization, removes from a polling place or voting center a paper record produced by a direct recording electronic voting device is guilty of a class C felony punishable under RCW 9A.20.021.
Any person who willfully defaces, removes, or destroys any of the supplies or materials that the person knows are intended both for use in a polling place, voting center, election office, ballot counting area, ballot storage area, or election system including materials and systems meant for enabling a voter to prepare the voter's ballot is guilty of a class C felony punishable under RCW 9A.20.021.
"Poll-site ballot counting device" and other similar terms mean a device programmed to accept voted ballots at a polling place or voting center for the purpose of tallying and storing the ballots on election day.
The intent of this chapter is to require state and local election officials to designate and use polling places and disability access voting locations in all elections and permanent registration locations that are accessible to elderly and disabled persons. County auditors shall:
Make modifications such as installation of temporary ramps or relocation of polling places within buildings, where appropriate;
Designate new, accessible polling places to replace those that are inaccessible; and
Continue to use polling places and voter registration locations which are accessible to elderly and disabled persons.
The secretary of state shall establish procedures to assure that, in any primary or election, any disabled or elderly voter assigned to an inaccessible polling place will, upon advance request of that voter, either be permitted to vote at an alternative accessible polling place not overly inconvenient to that voter or be provided with an alternative means of casting a ballot on the day of the primary or election. The county auditor shall make any reasonable accommodations in voting procedures necessary to allow the use of alternative polling places by elderly or disabled voters under this section.
County auditors shall seek alternative polling places or other low-cost alternatives including, but not limited to, procedural changes and assistance from local disabled groups, service organizations, and other private sources before incurring costs for modifications under this chapter.
The cost of those modifications to buildings or other facilities, including signs designating disabled accessible parking and entrances, that are necessary to permit the use of those facilities for polling places under this chapter or any procedures established under section 42 of this act are treated as election costs and prorated under RCW 29A.04.410.
Polling places for the various voting precincts may be located outside the boundaries of the respective precincts, when the officers conducting the primary or election shall deem it feasible. However, such polling places must be located within a reasonable distance of their respective precincts. The purpose of this section is to furnish adequate voting facilities at readily accessible and identifiable locations, and nothing in this section affects the number, method of selection, or duties of precinct election officers.
The legislative authority of each county, municipality, and special district shall, at the request of the county auditor, make its facilities available for use as polling places for primaries, special elections, and state general elections held within that county. When, in the judgment of the county auditor, a facility of a county, municipality, or special district would provide a location for a polling place that would best satisfy the requirements of this chapter, the auditor must notify the legislative authority of that county, municipality, or district of the number of facilities needed for use as polling places. Payment for polling places and any other conditions or obligations regarding these polling places shall be provided for by contract between the county auditor and the county, municipality, or district.
Each state agency and entity of local government must permit the use of any of its buildings and the most suitable locations therein as polling places or disability access voting locations when required by a county auditor to provide accessible places in each precinct.
No later than April 1st of each even-numbered year, each county auditor must submit to the secretary of state a list showing the number of polling places in the county and specifying any that have been found inaccessible. The auditor shall indicate the reasons for inaccessibility, and what efforts have been made pursuant to this chapter to locate alternative polling places or to make the existing facilities temporarily accessible. If a county auditor's list shows, for two consecutive reporting periods, that no polling places have been found inaccessible, the auditor need not submit further reports unless the secretary of state specifically reinstates the requirement for that county. Notice of reinstatement must be in writing and delivered at least 60 days before the reporting date.
Each polling place must be accessible unless:
The county auditor has determined that it is inaccessible, that no alternative accessible polling place is available, that no temporary modification of that polling place or any alternative polling place is possible, and that the county auditor has complied with the procedures established under section 42 of this act; or
The secretary of state determines that a state of emergency exists that would otherwise interfere with the efficient administration of the primary or election.
County auditors shall, as feasible, solicit and use the assistance of disabled voters in reviewing sites and recommending inexpensive remedies to improve accessibility.
Each county auditor shall include a notice of the accessibility of polling places in the notice of election published under chapter 29A.52 RCW.
The delivery of an absentee ballot for any primary or election is subject to the following qualifications:
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An absentee ballot may be picked up at the office of the issuing officer by:
The registered voter personally; or
A member of the registered voter's immediate family.
If the voter is a resident of a health care facility, as defined by RCW 70.37.020, on election day, the voter may apply by messenger for an absentee ballot and the messenger may pick up the voter's absentee ballot.
Except as noted in subsection (1) of this section, the issuing officer must mail or deliver the absentee ballot directly to each voter who qualifies for an absentee ballot.
The absentee ballots must be reported at a minimum on a congressional and legislative district basis. Absentee ballots may be counted by congressional or legislative district or by individual precinct, except as required under RCW 29A.60.230. These returns must be added to the total of the votes cast at the polling places and voting centers.
The qualifications of any absentee voter may be challenged before the voted ballot is received. The board has the authority to determine the legality of any absentee ballot challenged under this section. Challenged ballots must be handled in accordance with chapter 29A.08 RCW.
No person may interfere with a voter in any way within the polling place, voting center, or absentee ballot drop box. Interfering with a voter attempting to vote is a violation of RCW 29A.84.510. This section does not prevent the voter from receiving assistance in preparing his or her ballot as specifically permitted in this chapter.
At any election, general or special, or at any primary, any political party or committee may designate a person other than a precinct election officer, for each polling place or voting center to check a list of registered voters of the precinct to determine who has and who has not voted. The lists must be furnished by the party or committee concerned.
Any voter may take into the voting booth or voting device any printed or written material to assist in casting his or her vote. The voter may not use this material to electioneer and must remove the material when he or she leaves the polls or the disability access voting location.
No ballots other than those prepared by the county auditor may be used in any polling place, voting center, or disability access voting location. No voter is entitled to vote more than once at a primary or a general or special election, except that if a voter incorrectly marks a ballot, he or she may return it and be issued a new ballot. The precinct election officers shall void the incorrectly marked ballot and return it to the county auditor.
Paper records produced by electronic voting devices are subject to all the requirements of this chapter and chapter 29A.60 RCW for ballot handling, preservation, reconciliation, transit to the counting center, and storage. The paper records must be preserved in the same manner and for the same period of time as ballots.
At the direction of the county auditor, a team or teams composed of a representative of at least two major political parties must stop at designated polling places, absentee drop box locations, and voting centers and pick up the sealed containers of voted, untallied ballots for delivery to the counting center. There may be more than one delivery from each polling place, absentee drop box location, or voting center. Two precinct election officials, representing two major political parties, shall seal the voted ballots in containers furnished by the county auditor and properly identified with his or her address with uniquely prenumbered seals. Before the ballots are given to the teams of representatives, the representatives must show a government-issued photo identification card to prove their identity.
At the counting center or the collection stations where the sealed ballot containers are delivered by the designated representatives of the major political parties, the county auditor or a designated representative of the county auditor shall receive the sealed ballot containers, record the time, date, precinct name or number, and seal number of each ballot container, and ensure that the seal has not been tampered with.
The county auditor must provide in each polling place and voting center a sufficient number of voting booths or voting devices along with any supplies necessary to enable the voter to mark or register the voter's choices on the ballot and within which the voters may cast their votes in secrecy.
At all primaries and elections, general or special, in all counties the polls must be kept open from 7:00 a.m. to 8:00 p.m. each day of the voting period as specified in RCW 29A.40.160. All qualified electors who are in line at the polling place or voting center at 8:00 p.m. on the day of the primary, special, or general election must be allowed to cast their votes. The precinct election officers shall identify the last person in line at that time. The polls for a precinct must remain open continuously until that person has voted, at which point the precinct election officers shall announce that the polls for that precinct are closed.
A registered voter is not allowed to vote in the precinct in which the voter is registered at any election or primary for which the voter has already cast an absentee ballot. A registered voter who has requested an absentee ballot for a primary or special or general election but chooses to vote at the voter's precinct polling place or voting center in that primary or election may cast a provisional ballot. The canvassing board may not count the ballot if it finds that the voter has also voted by absentee ballot in that primary or election.
No later than the day before the voting period specified in RCW 29A.40.160, the county auditor shall provide to the inspector, or one of the judges of each precinct or to one of the inspectors of a polling place or voting center where more than one precinct will be voting, all of the ballots, precinct lists of registered voters, and other supplies necessary for conducting the election or primary.
Upon closing the registration files preceding an election, the county auditor shall deliver the precinct lists of registered voters to the inspector or one of the judges of each precinct or group of precincts located at the polling place or voting center before the polls open.
In precincts where votes are cast on paper ballots, the following supplies, in addition to those specified in subsection (1) of this section, must be provided:
Two tally books in which the names of the candidates must be listed in the order in which they appear on the sample ballots and in each case have the proper party designation at the head thereof; and
Two certificates or two sample ballots prepared as blanks, for recording the unofficial results by the precinct election officers.
Each county auditor shall provide voting and registration instructions, printed in large type, to be conspicuously displayed at each polling place, voting center, and permanent registration facility.
The county auditor shall make information available for deaf persons throughout the state by telecommunications.
Each polling place and voting center must provide at least one voting unit certified by the secretary of state that provides access to individuals who are blind or visually impaired, enabling them to vote with privacy and independence.
The precinct election officers for each precinct shall meet at the designated polling place or voting center at the time set by the county auditor.
Before opening the polls for a precinct, the voting equipment must be inspected to determine if it has been properly prepared for voting. If the voting equipment is capable of direct tabulation of each voter's choices, the precinct election officers must verify that no votes have been registered for any issue or office to be voted on at that primary or election. Every ballot box must be carefully examined by the election judges to determine that it is empty. The ballot box must then be sealed or locked with a unique numbered seal at the time of final preparation and logic and accuracy testing. A log must be made of all device numbers and seal numbers. The ballot box may not be opened before the certification of the primary or election except in the manner and for the purposes provided under this title.
At all primaries and elections, the flag of the United States must be conspicuously displayed in front of each polling place and voting center.
The precinct election officers, immediately before they start to issue ballots or permit a voter to vote, shall announce at the place of voting that the polls for that precinct are open.
The precinct election officers shall periodically examine the voting devices to determine if they have been tampered with.
A voter desiring to vote must give his or her name to the precinct election officer who has the precinct list of registered voters.
Any person desiring to vote at any primary or election is required to provide valid photo identification to the election officer before being issued a ballot or being permitted to enter the voting booth. The identification required in this section must be a driver's license, state identification card, tribal identification card, or a voter identification issued by a county elections officer. A tribal identification card is not required to include a residential address or an expiration date to be considered valid under this section.
Upon receiving valid identification from the voter, the precinct election officer shall announce the voter's name to the precinct election officer who has the copy of the inspector's poll book for that precinct. If the right of this voter to participate in the primary or election is not challenged, the voter must be issued a ballot or permitted to enter a voting booth or to operate a voting device. The number of the ballot or the voter must be recorded by the precinct election officers. If the right of the voter to participate is challenged, RCW 29A.08.810 and 29A.08.820 apply to that voter.
Provisional ballots must be issued, along with a provisional ballot outer envelope and a security envelope, to voters as appropriate under this title. The provisional ballot outer envelope must include a place for the voter's name; registered address, both present and former if applicable; date of birth; reason for the provisional ballot; the precinct number and the precinct polling location or voting center location at which the voter has voted; and a space for the county auditor to list the disposition of the provisional ballot. The provisional ballot outer envelope must also contain a declaration as required for absentee ballot outer envelopes under RCW 29A.40.091; a place for the voter to sign the oath; and a summary of the applicable penalty provisions of this chapter. The voter shall vote the provisional ballot in secrecy and, when done, place the provisional ballot in the security envelope, then place the security envelope into the outer envelope, and return it to the precinct election official. The election official shall ensure that the required information is completed on the outer envelope, have the voter sign it in the appropriate space, and place the envelope in a secure container. The official shall then give the voter written information advising the voter how to ascertain whether the vote was counted and, if applicable, the reason why the vote was not counted.
Any person desiring to vote at any primary or election is required to sign his or her name on the appropriate precinct list of registered voters. If the voter registered using a mark, or can no longer sign his or her name, the election officers shall require the voter to be identified by another registered voter. The precinct election officers shall then record the voter's name.
On signing the precinct list of registered voters or being issued a ballot, the voter shall, without leaving the polling place, voting center, or disability access location, proceed to one of the voting booths or voting devices to cast his or her vote. When county election procedures so provide, the election officers may tear off and retain the numbered stub from the ballot before delivering it to the voter. If an election officer has not already done so, when the voter has finished, he or she shall either (a) remove the numbered stub from the ballot, place the ballot in the ballot box, and return the number to the election officers, or (b) deliver the entire ballot to the election officers, who shall remove the numbered stub from the ballot and place the ballot in the ballot box. For a partisan primary in a jurisdiction using the physically separate ballot format, the voter shall also return unvoted party ballots to the precinct election officers, who shall void the unvoted party ballots and return them to the county auditor. If poll-site ballot counting devices are used, the voter shall put the ballot in the device.
A voter voting on an electronic voting device may not leave the device during the voting process, except to request assistance from the precinct election officers, until the voting process is completed.
Any voter may take printed or written material into the voting device to assist in casting his or her vote. The voter may not use this material to electioneer and must remove it when he or she leaves the polling place or voting center.
As each voter casts his or her vote, the precinct election officers shall insert in the poll books or precinct list of registered voters opposite that voter's name, a notation to credit the voter with having participated in that primary or election. No record may be made of a voter's party affiliation in a partisan primary. The precinct election officers shall record the voter's name so that a separate record is kept.
Voting must be secret except to the extent necessary to assist sensory or physically disabled voters.
If any voter declares in the presence of the election officers that because of sensory or physical disability he or she is unable to register or record his or her vote, he or she may designate a person of his or her choice or two election officers from opposite political parties to enter the voting machine booth with him or her and record his or her vote as he or she directs.
A person violating this section is guilty of a misdemeanor.
Paper ballots may be tabulated at the precinct polling place or voting center before the closing of the polls. The tabulation of ballots, paper or otherwise, must be open to the public, but no persons except those employed and authorized by the county auditor may touch a ballot card or ballot container or operate vote tallying equipment.
The results of the tabulation of paper ballots at the polls must be delivered to the county auditor as soon as the tabulation is complete.
An individual who votes in an election for federal office as a result of a federal or state court order or any other order extending the time for closing the polls may vote in that election only by casting a provisional ballot. As to court orders extending the time for closing the polls, this section does not apply to any voters who were present in the polling place or voting center at the statutory closing time and are permitted to vote under this chapter. This section does not, by itself, authorize any court to order that any individual be permitted to vote or to extend the time for closing the polls, but this section is intended to comply with 52 U.S.C. Sec. 21082(c) with regard to federal elections.
Any ballot cast under subsection (1) of this section must be separated and held apart from other provisional ballots cast by those not affected by the order.
At each precinct immediately after the last qualified voter has cast his or her vote, the precinct election officers shall render unusable and secure in a container all unused ballots for that precinct and return them to the county auditor.
Immediately after the unused ballots are secure, the precinct election officers shall count the number of voted ballots and make a record of any discrepancy between this number and the number of voters who signed the poll book for that precinct, voting center, or polling place, complete the certifications in the poll book, prepare the ballots for transfer to the counting center if necessary, and seal the voting devices.
The precinct list of registered voters for each precinct or group of precincts delivered to the precinct election officers for use on the day of an election held in that precinct shall be returned by them to the county auditor upon the completion of the count of the votes cast in the precinct at that election. While in possession of the county auditor they shall be open to public inspection under such reasonable rules and regulations as may be prescribed therefor.
In precincts where poll-site ballot counting devices are used, the election officers, before initializing the device for voting, must proceed as follows:
They must verify that the device is placed where it can be conveniently attended by the election officers and conveniently operated by the voters;
They must verify that the number or other designating mark on the device's seal agrees with the control number provided by the elections department. If the numbers do not agree, the officers must at once notify the elections department and delay initializing the device. The polls may be opened pending reexamination of the device;
If the numbers do agree, the officers shall proceed to initialize the device and verify that the public counter registers "000." If the counter is found to register a number other than "000," one of the judges must at once set the counter at "000" and confirm that the ballot box is empty;
Before processing any ballots through a poll-site ballot counting device, a zero report must be produced. The inspector and at least one of the judges must carefully verify that zero ballots have been run through the poll-site ballot counting device and that all vote totals for each office are zero. If the totals are not zero, the inspector must either reset the device to zero or contact the elections department to reset the device and allow voting to continue using the auxiliary or emergency device.
Whenever poll-site ballot counting devices are used, the devices may either be included with the supplies required in this chapter or they may be delivered to the polling place or voting center separately. All poll-site ballot counting devices must be sealed with a unique numbered seal at the time of final preparation and logic and accuracy testing. A log must be made of all seal numbers and device numbers used.
The programmed memory pack for each poll-site ballot counting device must be sealed into the device during final preparation and logic and accuracy testing. Except in the case of a device breakdown, the memory pack must remain sealed in the device until after the polls have closed and all reports and telephonic or electronic transfer of results are completed. After all reporting is complete, the precinct election officers responsible for transferring the sealed voted ballots under RCW 29A.60.110 must ensure that the memory pack is returned to the elections department. If the entire poll-site ballot counting device is returned, the memory pack must remain sealed in the device. If the poll-site ballot counting device is to remain at the polling place or voting center, the precinct election officer shall break the seal on the device and remove the memory pack and seal and return it along with the irregularly voted ballots and special ballots to the elections department on election day.
Each poll-site ballot counting device must be programmed to return all blank ballots and overvoted ballots to the voter for private reexamination. The election officer must take whatever steps are necessary to ensure that the secrecy of the ballot is maintained. The precinct election officer must provide information and instruction on how to properly mark the ballot. The voter may remark the original ballot, request a new ballot under this chapter, or choose to complete a special ballot envelope and return the ballot as a special ballot.
If a poll-site ballot counting device fails to operate at any time during polling hours, voting center hours, or disability access voting hours, voting must continue, and the ballots must be deposited for later tabulation in a secure ballot compartment separate from the tabulated ballots.
At least 10 days prior to any primary or election, general or special, the county auditor shall appoint one inspector and two judges of election for each precinct or each combination of precincts temporarily consolidated as a single precinct for that primary or election. Except as provided in subsection (4) of this section, the persons appointed must be among those whose names are contained on the lists furnished by the chairpersons of the county central committees of the political parties entitled to representation thereon. Such precinct election officers, whenever possible, should be residents of the precinct in which they serve.
The county auditor may delete from the lists of names submitted to the auditor by the chairpersons of the county central committees:
The names of those persons who indicate to the auditor that they cannot or do not wish to serve as precinct election officers for the primary or election or who otherwise cannot so serve; and
The names of those persons who lack the ability to conduct properly the duties of an inspector or judge of election after training in that proper conduct has been made available to them by the auditor.
The lists which are submitted to the auditor in a timely manner under this chapter, less the deletions authorized by this section, constitute the official nomination lists for inspectors and judges of election.
If the number of persons whose names are on the official nomination list for a political party is not sufficient to satisfy the requirements of subsection (5) of this section as it applies to that political party or is otherwise insufficient to provide the number of precinct election officials required from that political party, the auditor must notify the chair of the party's county central committee regarding the deficiency. The chair may, within five business days of being notified by the auditor, add to the party's nomination list the names of additional persons belonging to that political party who are qualified to serve on the election boards. To the extent that, following this procedure, the number of persons whose names appear on the official nomination lists of the political parties is insufficient to provide the number of election inspectors and judges required for a primary or election, the auditor may appoint a properly trained person whose name does not appear on such a list as an inspector or judge of election for a precinct.
The county auditor shall designate the inspector and one judge in each precinct from that political party which polled the highest number of votes in the county for its candidate for president at the last preceding presidential election and one judge from that political party polling the next highest number of votes in the county for its candidate for president at the same election. The provisions of this subsection apply only if the number of names on the official nomination list for inspectors and judges of election for a political party is sufficient to satisfy the requirements imposed by this subsection.
At the same time the officer having jurisdiction of the election appoints the inspector and two judges as provided in section 86 of this act, he or she may appoint one or more persons to act as clerks if in his or her judgment such additional persons are necessary, except that in precincts in which voting machines are used, the judges of election shall perform the duties required to be performed by clerks. Each clerk appointed shall represent a major political party. The political party representation of a single set of precinct election officers shall, whenever possible, be equal but, in any event, no single political party shall be represented by more than a majority of one at each polling place or voting center. The election officer having jurisdiction of the election may designate at what hour the clerks must report for duty. The hour may vary among the precincts according to the judgment of the appointing officer.
The precinct committee officer of each major political party shall certify to the officer's county chair a list of those persons belonging to the officer's political party qualified to act upon the election board in the officer's precinct. By the first day of June each year, the chair of the county central committee of each major political party shall certify to the officer having jurisdiction of the election a list of those persons belonging to the county chair's political party in each precinct who are qualified to act on the election board therein. The county chair shall compile this list from the names certified by the various precinct committee officers unless no names or not a sufficient number of names have been certified from a precinct, in which event the county chair may include therein the names of qualified members of the county chair's party selected by the county chair. The county chair shall also have the authority to substitute names of persons recommended by the precinct committee officers if in the judgment of the county chair such persons are not qualified to serve as precinct election officers.
If no election officers have been appointed for a precinct, or if at the hour for opening the polls none of those appointed is present at the polling place or voting center therein, the county auditor may appoint the election board for that precinct. One of the judges may perform the duties of clerk of election. The inspector shall have the power to fill any vacancy that may occur in the board of judges, or by absence or refusal to serve of either of the clerks after the polls shall have been opened.
There must be just one set of election officers at any one time in each precinct, except as provided in this section. In every precinct using paper ballots having 200 or more registered voters there shall be appointed, and in every precinct having less than 200 registered voters, there may be appointed, at a state primary or state general election, two or more sets of precinct election officers as provided in this chapter. The officer in charge of the election may appoint one or more counting boards at his or her discretion, when he or she decides that because of a long or complicated ballot or because of the number of expected voters, there is need of additional counting board or boards to improve the speed and accuracy of the count. In making such appointments, one or more sets of precinct election officers shall be designated as the counting board or boards, the first of which shall consist of an inspector, two judges, and a clerk and the second set, if activated, shall consist of two judges and two clerks. The duties of the counting board or boards shall be the count of ballots cast and the return of the election records and supplies to the officer having jurisdiction of the election. One set of precinct election officers shall be designated as the receiving board which shall have all other powers and duties imposed by law for such elections. Nothing in this section prevents the county auditor from appointing relief or replacement precinct election officers at any time during election day. Relief or replacement precinct election officers must be of the same political party as the officer they are relieving or replacing.
The inspector and judges of election in each precinct shall conduct the elections therein and receive, deposit, and count the ballots cast thereat and make returns to the proper canvassing board or officer except that when two or more sets of precinct election officers are appointed, the ballots shall be counted by the counting board or boards as provided in this title and RCW 29A.84.730.
All of the provisions of this chapter relating to counting boards may be applied on an optional basis to any other primary or election, regular or special, at the discretion of the officer in charge of the election.
The inspector is the chair of the board and is responsible for administering all necessary oaths that may be required in the progress of the election.
The inspector, judges, and clerks of election, before entering upon the duties of their offices, must take and subscribe the prescribed oath or affirmation, as administered to them by any person authorized to administer oaths and verified under the hand of the person by whom such oath or affirmation is administered. If no such person is present, the inspector must administer the same to the judges and clerks, and one of the judges must administer the oath to the inspector. The county auditor shall furnish two copies of the proper form of oath to each precinct election officer, one copy thereof, after execution, to be placed and transmitted with the election returns.
The following is the form of the oath or affirmation to be taken by each inspector: "I, (full name), do swear (or affirm) that I will duly attend to the ensuing election, during the continuance thereof, as an inspector, and that I will not receive any ballot or vote from any person other than such as I firmly believe to be entitled to vote at such election, without requiring such evidence of the right to vote as is directed by law; nor will I vexatiously delay the vote of, or refuse to receive, a ballot from any person whom I believe to be entitled to vote; but that I will in all things truly, impartially, and faithfully perform my duty therein to the best of my judgment and abilities; and that I am not, directly nor indirectly, interested in any bet or wager on the result of this election."
The following is the form of the oath to be taken by the judges: "We, (full name), do swear (or affirm) that we will as judges duly attend the ensuing election, during the continuance thereof, and faithfully assist the inspector in carrying on the same; that we will not give our consent to the receipt of any vote or ballot from any person, other than one whom we firmly believe to be entitled to vote at such election; and that we will make a true and perfect return of the said election and will in all things truly, impartially, and faithfully perform our duty respecting the same to the best of our judgment and abilities; and that we are not directly nor indirectly interested in any bet or wager on the result of this election."
The following is the form of the oath to be taken by the clerks: "We, and each of us, (full name), do swear (or affirm) that we will impartially and truly write down the name of each elector who votes at the ensuing election, and also the name of the county and precinct wherein the elector resides; that we will carefully and truly write down the number of votes given for each candidate at the election as often as his or her name is read to us by the inspector and in all things truly and faithfully perform our duty respecting the same to the best of our judgment and abilities, and that we are not directly nor indirectly interested in any bet or wager on the result of this election."
The fees of officers of election shall be as follows:
To the judges and clerks of an election not less than the minimum hourly wage per hour as provided under RCW 49.46.020, the exact amount to be fixed by the respective boards of county commissioners for each county.
To inspectors, the rate paid to judges and clerks plus an additional two hours' compensation.
The precinct election officer picking up the election supplies and returning the election returns to the county auditor shall be entitled to additional compensation, the exact amount to be determined by the respective boards of county commissioners for each county.
2011 c 10 s 85 (uncodified) is repealed.
(1) Sections 41 through 50 of this act are each added to chapter 29A.16 RCW.
Section 22 of this act expires January 1, 2029.
Section 23 of this act takes effect January 1, 2029.