title: RCW 29A.52.355

text:
(1) Notice for any state, county, district, or municipal primary or election, whether special or general, must be given by the county auditor between five and fifteen days prior to the deadline for mail-in registrations. The notice must be published in one or more newspapers of general circulation and must contain, at a minimum, the last date to register online or through the mail, the last date to transfer or update an existing registration, the last date to register in person for first-time voters, information on where a person can register, the type of election, the date of the election, how a voter can obtain a ballot, a list of all jurisdictions involved in the election, including positions and short titles for ballot measures appearing on the ballot, and the times and dates of any public meetings associated with the election. The notice shall also include where additional information regarding the election may be obtained. The notice of a primary held in an even-numbered year must indicate that the office of precinct committee officer is on the ballot. This is the only notice required for a state, county, district, or municipal primary or special or general election.
(2) If the county or city chooses to mail a local voters' pamphlet as described in RCW 29A.32.210 to each residence, the notice required in this section need only include the last date to register online or through the mail, the last date to transfer or update an existing registration, the last date to register in person for first-time voters, information on where a person can register, and the times and dates of any public meetings associated with the election.
[ 2013 c 11 s 53; 2011 c 10 s 45.]
Notes:
Notice to registered poll voters—Elections by mail—2011 c 10: See note following RCW 29A.04.008.

catchline: Notice of election—Prior to mail-in registration deadline.


doc_type: statute

jurisdiction: wa

title: RCW 29A.52.360

text:
Immediately after the ascertainment of the result of an election for an office to be filled by the voters of a single county, or of a precinct, or of a constituency within a county for which the county auditor serves as supervisor of elections, the county auditor shall notify the person elected, and issue to the person a ceremonial certificate of election.
[ 2007 c 374 s 2; 2003 c 111 s 1314; 1965 c 9 s 29.27.100. Prior: 1961 c 130 s 8; prior: Code 1881 s 3096, part; 1866 p 6 s 2, part; 1865 p 39 s 7, part; RRS s 5343, part. Formerly RCW 29.27.100.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Ceremonial certificates of election to officers elected in single county or less.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 29A.52.370

text:
Except as provided in the state Constitution, the governor shall issue certificates of election to those elected as senator or representative in the Congress of the United States and to state offices. The secretary of state shall issue certificates of election to those elected to the office of judge of the superior court in judicial districts comprising more than one county and to those elected to either branch of the state legislature in legislative districts comprising more than one county.
[ 2003 c 111 s 1315; 1965 c 9 s 29.27.110. Prior: (i) 1933 c 92 s 1; RRS s 5343-1. (ii) Code 1881 s 3100, part; No RRS. Formerly RCW 29.27.110.]
Notes:
Judges of their own election and qualification—Quorum: State Constitution Art. 2 s 8.
Returns of elections, canvass, etc.: State Constitution Art. 3 s 4.

catchline: Certificates of election to other officers.


title: RCW 29A.56.020

text:
(1) On the second Tuesday in March of each year in which a president of the United States is to be nominated and elected, a presidential primary shall be held at which voters may vote for the nominee of a major political party for the office of president.
(2)(a) The secretary of state may propose an alternative date for the primary, including to coordinate a regional primary with any of the following states: Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, and Utah, no later than the first day of September of the year before the year in which a president is to be nominated and elected. The proposed date must not be prior to the earliest date permitted by the national rules of the major political parties.
(b) No later than the fifteenth day of September of the year before the year in which a presidential nominee is selected, the state committee of any major political party that will use the primary results for candidates of that party may propose an alternative date for that primary.
(3) If an alternative date is proposed under subsection (2)(a) or (b) of this section, a committee consisting of the chair and the vice chair of the state committee of each major political party, the secretary of state, the majority leader and minority leader of the senate, and the speaker and the minority leader of the house of representatives shall meet and, if affirmed by a two-thirds vote of the members of the committee, the date of the primary shall be changed. The committee shall meet and decide on the proposed alternate date not later than the first day of October of the year before the year in which a presidential nominee is selected. The secretary of state shall convene and preside over the meeting of the committee. A committee member other than a legislator may appoint, in writing, a designee to serve on his or her behalf. A legislator who is a member of the committee may appoint, in writing, another legislator to serve on his or her behalf.
(4) If an alternate date is approved under this section, the secretary of state shall adopt rules under RCW 29A.04.620 to adjust the deadlines in RCW 29A.56.031 and related provisions of this chapter to correspond with the date that has been approved.
[ 2019 c 7 s 1; 2003 c 111 s 1402; (2011 c 319 s 1 expired January 1, 2013); (2003 3rd sp.s. c 1 s 2 expired January 1, 2005); (2003 3rd sp.s. c 1 s 1 expired July 1, 2004). Prior: 1995 1st sp.s. c 20 s 1; 1989 c 4 s 2 (Initiative Measure No. 99). Formerly RCW 29.19.020.]
Notes:
Expiration date—2011 c 319: "Section 1 of this act expires January 1, 2013." [ 2011 c 319 s 2.]
Effective date—2003 3rd sp.s. c 1 s 2: "Section 2 of this act takes effect July 1, 2004." [ 2003 3rd sp.s. c 1 s 5.]
Expiration date—2003 3rd sp.s. c 1 s 2: "Section 2 of this act expires January 1, 2005." [ 2003 3rd sp.s. c 1 s 6.]
Expiration date—2003 3rd sp.s. c 1 s 1: "Section 1 of this act expires July 1, 2004." [ 2003 3rd sp.s. c 1 s 4.]
Effective date—2003 3rd sp.s. c 1 s 1: "Section 1 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [December 9, 2003]." [ 2003 3rd sp.s. c 1 s 3.]
Effective date—1995 1st sp.s. c 20: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [June 15, 1995]." [ 1995 1st sp.s. c 20 s 7.]

catchline: Date.


title: RCW 29A.56.031

text:
(1) Each party must determine which candidates are to be placed on the presidential primary ballot for that party. The chair of each party must submit to the secretary of state the names of the candidates to appear on the ballot for that party no later than sixty-three days before the presidential primary. Once submitted, changes must not be made to the candidates that will appear on the ballot.
(2) No later than the seventh day before the presidential nomination primary, the chair of each party must submit to the secretary of state the names of write-in candidates, if any, to be counted for that party.
[ 2019 c 7 s 2.]

catchline: Submission of candidates by parties.


title: RCW 29A.56.040

text:
(1) Except where necessary to accommodate the national or state rules of a major political party or where this chapter specifically provides otherwise, the presidential primary must be conducted in substantially the same manner as a state primary under this title.
(2) The arrangement and form of presidential primary ballots must be established by administrative rule adopted under RCW 29A.04.620, and in consultation with the major political parties. Only the candidates who have been submitted under RCW 29A.56.031 may appear on the ballots.
(3) Each party's ballot or portion of the ballot must list alphabetically the names of all candidates for the office of president for that party. The ballot must clearly indicate the political party of each candidate.
(4) If requested by a party chair, the ballot for that party must contain a place for a voter to indicate a preference for having delegates to the party's national convention remain uncommitted. A request under this subsection must be submitted to the secretary of state no later than sixty-three days before the presidential primary.
(5) A presidential primary ballot with votes for more than one candidate is void, and notice to this effect, stated in clear, simple language and printed in large type, must appear on the face of each presidential primary ballot or on or about each voting device.
(6) Notice must be published in the manner required by RCW 29A.52.355.
[ 2019 c 7 s 3; 2013 c 11 s 54; 2007 c 385 s 1; 2003 c 111 s 1404. Prior: 1995 1st sp.s. c 20 s 2. Formerly RCW 29.19.045.]
Notes:
Effective date—1995 1st sp.s. c 20: See note following RCW 29A.56.020.

catchline: Procedures—Ballot form and arrangement.


title: RCW 29A.56.050

text:
(1) A major political party may, under national or state party rules, base the allocation of delegates from this state to the national nominating convention of that party in whole or in part on the participation in precinct caucuses and conventions conducted under the rules of that party.
(2) If requested by a major political party, the secretary of state shall adopt rules under RCW 29A.04.620 to provide for any declaration required by that party.
(3) Voters who subscribe to a specific political party declaration under this section may only vote for a candidate of that party. Each list of candidates on ballots must be readily distinguishable from the list of candidates for any other party. Votes cast by persons making these declarations must be tabulated and reported separately from other votes cast at the primary and may be used by a major political party in its allocation of delegates under the rules of that party.
(4) For a political party that requires a specific voter declaration under this section, the secretary of state shall prescribe rules for providing, to the state and county committees of that political party, a copy of the declarations or a list of the voters who participated in the presidential nominating process of that party.
[ 2019 c 7 s 4; 2003 c 111 s 1405. Prior: 1995 1st sp.s. c 20 s 3. Formerly RCW 29.19.055.]
Notes:
Effective date—1995 1st sp.s. c 20: See note following RCW 29A.56.020.

catchline: Allocation of delegates—Party declarations.


title: RCW 29A.56.060

text:
Subject to available funds specifically appropriated for this purpose, whenever a presidential primary is held as provided by this chapter, the state of Washington shall assume all costs of holding the primary if it is held alone. If any other election or elections are held at the same time, the state is liable only for a prorated share of the costs. The county auditor shall determine the costs, including the state's prorated share, if applicable, in the same manner as provided under RCW 29A.04.410 and shall file a certified claim with the secretary of state. The secretary of state shall include in his or her biennial budget requests sufficient funds to carry out this section. Reimbursements for primary costs must be from appropriations specifically provided by law for that purpose.
[ 2003 c 111 s 1406. Prior: 1995 1st sp.s. c 20 s 5; 1989 c 4 s 8 (Initiative Measure No. 99). Formerly RCW 29.19.080.]
Notes:
Effective date—1995 1st sp.s. c 20: See note following RCW 29A.56.020.

catchline: Costs.


title: RCW 29A.56.080

text:
The definitions in this section apply throughout this section and RCW 29A.56.082 through 29A.56.092 unless the context clearly requires otherwise.
(1) "Cast" means accepted by the secretary of state in accordance with RCW 29A.56.090(2).
(2) "Elector" means an individual selected as a presidential elector under RCW 29A.56.320 and 29A.56.082 through 29A.56.092.
(3) "President" means president of the United States.
(4) "Unaffiliated presidential candidate" means a candidate for president who qualifies for the general election ballot in this state by means other than nomination by a political party.
(5) "Vice president" means vice president of the United States.
[ 2019 c 143 s 2.]
Notes:
Short title—2019 c 143: "This act may be known and cited as the uniform faithful presidential electors act." [ 2019 c 143 s 1.]
Uniformity of application and construction—2019 c 143: "In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it." [ 2019 c 143 s 9.]

catchline: Definitions.


title: RCW 29A.56.082

text:
For each elector position in this state, a political party contesting the position, or an unaffiliated presidential candidate, shall submit to the secretary of state the names of two qualified individuals. One of the individuals must be designated "elector nominee" and the other "alternate elector nominee." Except as otherwise provided in RCW 29A.56.086 through 29A.56.092, this state's electors are the winning elector nominees under the laws of this state.
[ 2019 c 143 s 3.]
Notes:
Short title—Uniformity of application and construction—2019 c 143: See notes following RCW 29A.56.080.

catchline: Designation of electors.


title: RCW 29A.56.084

text:
Each elector nominee and alternate elector nominee of a political party shall execute the following pledge: "If selected for the position of elector, I agree to serve and to mark my ballots for president and vice president for the nominees for those offices of the party that nominated me." Each elector nominee and alternate elector nominee of an unaffiliated presidential candidate shall execute the following pledge: "If selected for the position of elector as a nominee of an unaffiliated presidential candidate, I agree to serve and to mark my ballots for that candidate and for that candidate's vice presidential running mate." The executed pledges must accompany the submission of the corresponding names to the secretary of state.
[ 2019 c 143 s 4.]
Notes:
Short title—Uniformity of application and construction—2019 c 143: See notes following RCW 29A.56.080.

catchline: Pledge by electors.


title: RCW 29A.56.086

text:
In submitting this state's certificate of ascertainment as required by 3 U.S.C. Sec. 6, the governor shall certify this state's electors and state in the certificate that:
(1) The electors will serve as electors unless a vacancy occurs in the office of elector before the end of the meeting at which elector votes are cast, in which case a substitute elector will fill the vacancy; and
(2) If a substitute elector is appointed to fill a vacancy, the governor will submit an amended certificate of ascertainment stating the names on the final list of this state's electors.
[ 2019 c 143 s 5.]
Notes:
Short title—Uniformity of application and construction—2019 c 143: See notes following RCW 29A.56.080.

catchline: Certificate of ascertainment.


title: RCW 29A.56.088

text:
(1) The secretary of state shall preside at the meeting of electors described in RCW 29A.56.090.
(2) The position of an elector not present to vote is vacant. The secretary of state shall appoint an individual as a substitute elector to fill a vacancy as follows:
(a) If the alternate elector is present to vote, by appointing the alternate elector for the vacant position;
(b) If the alternate elector for the vacant position is not present to vote, by appointing an elector chosen by lot from among the alternate electors present to vote who were nominated by the same political party or unaffiliated presidential candidate;
(c) If the number of alternate electors present to vote is insufficient to fill any vacant position pursuant to (a) and (b) of this subsection, by appointing any immediately available individual who is qualified to serve as an elector and chosen through nomination by and plurality vote of the remaining electors, including nomination and vote by a single elector if only one remains;
(d) If there is a tie between at least two nominees for substitute elector in a vote conducted under (c) of this subsection, by appointing an elector chosen by lot from among those nominees; or
(e) If all elector positions are vacant and cannot be filled pursuant to (a) through (d) of this subsection, by appointing a single presidential elector, with remaining vacant positions to be filled under (c) of this subsection and, if necessary, (d) of this subsection.
(3) To qualify as a substitute elector under subsection (2) of this section, an individual who has not executed the pledge required under RCW 29A.56.084 shall execute the following pledge: "I agree to serve and to mark my ballots for president and vice president consistent with the pledge of the individual to whose elector position I have succeeded."
[ 2019 c 143 s 6.]
Notes:
Short title—Uniformity of application and construction—2019 c 143: See notes following RCW 29A.56.080.

catchline: Meeting of electors—Presiding officer—Elector vacancy.


title: RCW 29A.56.090

text:
(1) At the time designated for elector voting and after all vacant positions have been filled under RCW 29A.56.088, the secretary of state shall provide each elector with a presidential and a vice presidential ballot. The elector shall mark the elector's presidential and vice presidential ballots with the elector's votes for the offices of president and vice president, respectively, along with the elector's signature and the elector's legibly printed name.
(2) Except as otherwise provided by law of this state other than RCW 29A.56.080 through 29A.56.092, each elector shall present both completed ballots to the secretary of state, who shall examine the ballots and accept as cast all ballots of electors whose votes are consistent with their pledges executed under RCW 29A.56.084 or 29A.56.088(3). Except as otherwise provided by law of this state other than RCW 29A.56.080 through 29A.56.092, the secretary of state may not accept and may not count either an elector's presidential or vice presidential ballot if the elector has not marked both ballots or has marked a ballot in violation of the elector's pledge.
(3) An elector who refuses to present a ballot, presents an unmarked ballot, or presents a ballot marked in violation of the elector's pledge executed under RCW 29A.56.084 or 29A.56.088(3) vacates the office of elector, creating a vacant position to be filled under RCW 29A.56.088.
(4) The secretary of state shall distribute ballots to and collect ballots from a substitute elector and repeat the process under this section of examining ballots, declaring and filling vacant positions as required, and recording appropriately completed ballots from the substituted electors, until all of this state's electoral votes have been cast and recorded.
[ 2019 c 143 s 7.]
Notes:
Short title—Uniformity of application and construction—2019 c 143: See notes following RCW 29A.56.080.

catchline: Voting by electors.


title: RCW 29A.56.092

text:
(1) After the vote of this state's electors is completed, if the final list of electors differs from any list that the governor previously included on a certificate of ascertainment prepared and transmitted under 3 U.S.C. Sec. 6, the secretary of state immediately shall prepare an amended certificate of ascertainment and transmit it to the governor for the governor's signature.
(2) The governor immediately shall deliver the signed amended certificate of ascertainment to the secretary of state and a signed duplicate original of the amended certificate of ascertainment to all individuals entitled to receive this state's certificate of ascertainment, indicating that the amended certificate of ascertainment is to be substituted for the certificate of ascertainment previously submitted.
(3) The secretary of state shall prepare a certificate of vote. The electors on the final list shall sign the certificate. The secretary of state shall process and transmit the signed certificate with the amended certificate of ascertainment under 3 U.S.C. Secs. 9, 10, and 11.
[ 2019 c 143 s 8.]
Notes:
Short title—Uniformity of application and construction—2019 c 143: See notes following RCW 29A.56.080.

catchline: Amended certificate of ascertainment—Certificate of vote.


title: RCW 29A.56.110

text:
Whenever any legal voter of the state or of any political subdivision thereof, either individually or on behalf of an organization, desires to demand the recall and discharge of any elective public officer of the state or of such political subdivision, as the case may be, under the provisions of sections 33 and 34 of Article 1 of the Constitution, the voter shall prepare a typewritten charge, reciting that such officer, naming him or her and giving the title of the office, has committed an act or acts of malfeasance, or an act or acts of misfeasance while in office, or has violated the oath of office, or has been guilty of any two or more of the acts specified in the Constitution as grounds for recall. The charge shall state the act or acts complained of in concise language, give a detailed description including the approximate date, location, and nature of each act complained of, be signed by the person or persons making the charge, give their respective post office addresses, and be verified under oath that the person or persons believe the charge or charges to be true and have knowledge of the alleged facts upon which the stated grounds for recall are based.
For the purposes of this chapter:
(1) "Misfeasance" or "malfeasance" in office means any wrongful conduct that affects, interrupts, or interferes with the performance of official duty;
(a) Additionally, "misfeasance" in office means the performance of a duty in an improper manner; and
(b) Additionally, "malfeasance" in office means the commission of an unlawful act;
(2) "Violation of the oath of office" means the neglect or knowing failure by an elective public officer to perform faithfully a duty imposed by law.
[ 2003 c 111 s 1407; 1984 c 170 s 1; 1975-'76 2nd ex.s. c 47 s 1; 1965 c 9 s 29.82.010. Prior: 1913 c 146 s 1; RRS s 5350. Former part of section: 1913 c 146 s 2; RRS s 5351, now codified in RCW 29.82.015. Formerly RCW 29.82.010.]
Notes:
Severability—1975-'76 2nd ex.s. c 47: "If any provision of this amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1975-'76 2nd ex.s. c 47 s 3.]


title: RCW 29A.56.120

text:
Any person making a charge shall file it with the elections officer whose duty it is to receive and file a declaration of candidacy for the office concerning the incumbent of which the recall is to be demanded. The officer with whom the charge is filed shall promptly (1) serve a copy of the charge upon the officer whose recall is demanded, and (2) certify and transmit the charge to the preparer of the ballot synopsis provided in RCW 29A.56.130. The manner of service shall be the same as for the commencement of a civil action in superior court.
[ 2003 c 111 s 1408. Prior: 1984 c 170 s 2; 1975-'76 2nd ex.s. c 47 s 2; 1965 c 9 s 29.82.015; prior: 1913 c 146 s 2; RRS s 5351. Formerly RCW 29.82.010, part. Formerly RCW 29.82.015.]
Notes:
Severability—1975-'76 2nd ex.s. c 47: See note following RCW 29A.56.110.

catchline: Petition—Where filed.


title: RCW 29A.56.130

text:
(1) Within fifteen days after receiving a charge, the officer specified below shall formulate a ballot synopsis of the charge of not more than two hundred words.
(a) Except as provided in (b) of this subsection, if the recall is demanded of an elected public officer whose political jurisdiction encompasses an area in more than one county, the attorney general shall be the preparer, except if the recall is demanded of the attorney general, the chief justice of the supreme court shall be the preparer.
(b) If the recall is demanded of an elected public officer whose political jurisdiction lies wholly in one county, or if the recall is demanded of an elected public officer of a district whose jurisdiction encompasses more than one county but whose declaration of candidacy is filed with a county auditor in one of the counties, the prosecuting attorney of that county shall be the preparer, except that if the prosecuting attorney is the officer whose recall is demanded, the attorney general shall be the preparer.
(2) The synopsis shall set forth the name of the person charged, the title of the office, and a concise statement of the elements of the charge. Upon completion of the ballot synopsis, the preparer shall certify and transmit the exact language of the ballot synopsis to the persons filing the charge and the officer subject to recall. The preparer shall additionally certify and transmit the charges and the ballot synopsis to the superior court of the county in which the officer subject to recall resides and shall petition the superior court to approve the synopsis and to determine the sufficiency of the charges.
[ 2003 c 111 s 1409; 1984 c 170 s 3. Formerly RCW 29.82.021.]

catchline: Ballot synopsis.


title: RCW 29A.56.140

text:
Within 15 days after receiving the petition, the superior court shall have conducted a hearing on and shall have determined, without cost to any party, (1) whether or not the acts stated in the charge satisfy the criteria for which a recall petition may be filed, and (2) the adequacy of the ballot synopsis. The court shall notify the person subject to recall and the person demanding recall of the hearing date. Both persons may appear with counsel. The court may hear arguments as to the sufficiency of the charges and the adequacy of the ballot synopsis. The court shall not consider the truth of the charges, but only their sufficiency. An appeal of a sufficiency decision shall be filed in the supreme court as specified by RCW 29A.56.270. The superior court shall correct any ballot synopsis it deems inadequate. Any decision regarding the ballot synopsis by the superior court is final. The clerk shall certify and transmit the ballot synopsis to the officer subject to recall, the person demanding the recall, and either the secretary of state or the county auditor, as appropriate.
[ 2021 c 92 s 1; 2003 c 111 s 1410. Prior: 1984 c 170 s 4. Formerly RCW 29.82.023.]

catchline: Determination by superior court—Correction of ballot synopsis.


title: RCW 29A.56.150

text:
(1) The sponsors of a recall demanded of any public officer shall stop circulation of and file all petitions with the appropriate elections officer not less than six months before the next general election in which the officer whose recall is demanded is subject to reelection.
(2) The sponsors of a recall demanded of an officer elected to a statewide position shall have a maximum of two hundred seventy days, and the sponsors of a recall demanded of any other officer shall have a maximum of one hundred eighty days, in which to obtain and file supporting signatures after the issuance of a ballot synopsis by the superior court. If the decision of the superior court regarding the sufficiency of the charges is not appealed, the one hundred eighty or two hundred seventy day period for the circulation of signatures begins on the sixteenth day following the decision of the superior court. If the decision of the superior court regarding the sufficiency of the charges is appealed, the one hundred eighty or two hundred seventy day period for the circulation of signatures begins on the day following the issuance of the decision by the supreme court.
[ 2003 c 111 s 1411; 1984 c 170 s 5; 1971 ex.s. c 205 s 2. Formerly RCW 29.82.025.]
Notes:
Severability—1971 ex.s. c 205: "If any provision of this 1971 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [ 1971 ex.s. c 205 s 6.]

catchline: Filing supporting signatures—Time limitations.


title: RCW 29A.56.160

text:
Recall petitions must be printed on single sheets of paper of good writing quality (including but not limited to newsprint) not less than eleven inches in width and not less than fourteen inches in length. No petition may be circulated or signed prior to the first day of the one hundred eighty or two hundred seventy day period established by RCW 29A.56.150 for that recall petition. The petitions must be substantially in the following form:
The warning prescribed by RCW 29A.72.140; followed by:
Petition for the recall of (here insert the name of the office and of the person whose recall is petitioned for) to the Honorable (here insert the name and title of the officer with whom the charge is filed).
We, the undersigned citizens and legal voters of (the state of Washington or the political subdivision in which the recall is to be held), respectfully direct that a special election be called to determine whether or not (here insert the name of the person charged and the office which he or she holds) be recalled and discharged from his or her office, for and on account of (his or her having committed the act or acts of malfeasance or misfeasance while in office, or having violated his or her oath of office, as the case may be), in the following particulars: (here insert the synopsis of the charge); and each of us for himself or herself says: I have personally signed this petition; I am a legal voter of the State of Washington in the precinct and city (or town) and county written after my name, and my residence address is correctly stated, and to my knowledge, have signed this petition only once.
The petition must include a place for each petitioner to sign and print his or her name, and the address, city, and county at which he or she is registered to vote.
[ 2003 c 111 s 1412; 1984 c 170 s 6; 1971 ex.s. c 205 s 4; 1965 c 9 s 29.82.030. Prior: 1913 c 146 s 4; RRS s 5353. Formerly RCW 29.82.030.]
Notes:
Severability—1971 ex.s. c 205: See note following RCW 29A.56.150.

catchline: Petition—Form.


title: RCW 29A.56.170

text:
Each recall petition at the time of circulating, signing, and filing with the officer with whom it is to be filed, must consist of not more than five sheets with numbered lines for not more than twenty signatures on each sheet, with the prescribed warning, title, and form of petition on each sheet, and a full, true, and correct copy of the original statement of the charges against the officer referred to therein, printed on sheets of paper of like size and quality as the petition, firmly fastened together.
[ 2003 c 111 s 1413; 1965 c 9 s 29.82.040. Prior: 1913 c 146 s 6; RRS s 5355. Formerly RCW 29.82.040.]

catchline: Petition—Size.


title: RCW 29A.56.180

text:
When the person, committee, or organization demanding the recall of a public officer has secured sufficient signatures upon the recall petition the person, committee, or organization may submit the same to the officer with whom the charge was filed for filing in his or her office. The number of signatures required shall be as follows:
(1) In the case of a state officer, an officer of a city of the first class, a member of a school board in a city of the first class, or a county officer of a county with a population of forty thousand or more—signatures of legal voters equal to twenty-five percent of the total number of votes cast for all candidates for the office to which the officer whose recall is demanded was elected at the preceding election.
(2) In the case of an officer of any political subdivision, city, town, township, precinct, or school district other than those mentioned in subsection (1) of this section, and in the case of a state senator or representative—signatures of legal voters equal to thirty-five percent of the total number of votes cast for all candidates for the office to which the officer whose recall is demanded was elected at the preceding election.
[ 2003 c 111 s 1414. Prior: 1991 c 363 s 36; 1965 c 9 s 29.82.060; prior: 1913 c 146 s 8, part; RRS s 5357, part. Formerly RCW 29.82.060.]
Notes:
Purpose—Captions not law—1991 c 363: See notes following RCW 2.32.180.
Recall of elective officers—Percentages required: State Constitution Art. 1 s 34 (Amendment 8).

catchline: Number of signatures required.


title: RCW 29A.56.190

text:
Upon the filing of a recall petition, the officer with whom the charge was filed shall stamp on each petition the date of filing, and shall notify the persons filing them and the officer whose recall is demanded of the date when the petitions will be canvassed, which date must be not less than five or more than ten days from the date of its filing.
[ 2003 c 111 s 1415; 1965 c 9 s 29.82.080. Prior: 1913 c 146 s 9, part; RRS s 5358, part. Formerly RCW 29.82.080.]

catchline: Canvassing signatures—Time of—Notice.


title: RCW 29A.56.200

text:
(1) Upon the filing of a recall petition, the elections officer shall proceed to verify and canvass the names of legal voters on the petition.
(2) The verification and canvass of signatures on the petition may be observed by persons representing the advocates and opponents of the proposed recall so long as they make no record of the names, addresses, or other information on the petitions or related records during the verification process except upon the order of the superior court. The elections officer may limit the number of observers to not fewer than two on each side, if in his or her opinion a greater number would cause undue delay or disruption of the verification process. Any such limitation shall apply equally to both sides. If the elections officer finds the same name signed to more than one petition, he or she shall reject all but the first such valid signature.
(3) Where the recall of a statewide elected official is sought, the secretary of state may use any statistical sampling techniques for verification and canvassing which have been adopted by rule for canvassing initiative petitions under RCW 29A.72.230. No petition will be rejected on the basis of any statistical method employed. No petition will be accepted on the basis of any statistical method employed if such method indicates that the petition contains less than the number of signatures of legal voters required by Article I, section 33 (Amendment 8) of the state Constitution.
[ 2003 c 111 s 1416. Prior: 1984 c 170 s 7; 1977 ex.s. c 361 s 107; 1965 c 9 s 29.82.090; prior: 1913 c 146 s 9, part; RRS s 5358, part. Formerly RCW 29.82.090.]
Notes:
Effective date—Severability—1977 ex.s. c 361: See notes following RCW 29A.16.040.

catchline: Verification and canvass of signatures—Procedure—Statistical sampling.


title: RCW 29A.56.210

text:
If, at the conclusion of the verification and canvass, it is found that a petition for recall bears the required number of signatures of certified legal voters, the officer with whom the petition is filed shall promptly certify the petitions as sufficient and fix a date for the special election to determine whether or not the officer charged shall be recalled and discharged from office. The special election shall be held not less than forty-five nor more than ninety days from the certification and, whenever possible, on one of the dates provided in RCW 29A.04.330, but no recall election may be held between the date of the primary and the date of the general election in any calendar year. Notice shall be given in the manner as required by law for special elections in the state or in the political subdivision, as the case may be.
[ 2013 c 11 s 55; 2003 c 111 s 1417. Prior: 1984 c 170 s 8; 1977 ex.s. c 361 s 108; 1971 ex.s. c 205 s 5; 1965 c 9 s 29.82.100; prior: 1913 c 146 s 9, part; RRS s 5358, part. Formerly RCW 29.82.100.]
Notes:
Effective date—Severability—1977 ex.s. c 361: See notes following RCW 29A.16.040.
Severability—1971 ex.s. c 205: See note following RCW 29A.56.150.

catchline: Fixing date for recall election—Notice.


title: RCW 29A.56.220

text:
When a date for a special recall election is set the certifying officer shall serve a notice of the date of the election to the officer whose recall is demanded and the person demanding recall. The manner of service shall be the same as for the commencement of a civil action in superior court. After having been served a notice of the date of the election and the ballot synopsis, the officer whose recall is demanded may submit to the certifying officer a response, not to exceed two hundred fifty words in length, to the charge contained in the ballot synopsis. Such response shall be submitted by the seventh consecutive day after service of the notice. The certifying officer shall promptly send a copy of the response to the person who filed the petition.
[ 2003 c 111 s 1418. Prior: 1984 c 170 s 9; 1980 c 42 s 1. Formerly RCW 29.82.105.]

catchline: Response to petition charges.


title: RCW 29A.56.230

text:
If it is found that the recall petition does not contain the requisite number of signatures of certified legal voters, the officer shall so notify the persons filing the petition, and at the expiration of thirty days from the conclusion of the count the officer shall destroy the petitions unless prevented therefrom by the injunction or mandate of a court.
[ 2003 c 111 s 1419; 1965 c 9 s 29.82.110. Prior: 1913 c 146 s 9, part; RRS s 5358, part. Formerly RCW 29.82.110.]

catchline: Destruction of insufficient recall petition.


title: RCW 29A.56.240

text:
The officer making the canvass of a recall petition shall keep a record of all names appearing on it that are not certified to be legal voters of the state or of the political subdivision, as the case may be, and of all names appearing more than once, and shall report the same to the prosecuting attorneys of the respective counties where the names appear to have been signed, to the end that prosecutions may be had for the violation of this chapter.
[ 2003 c 111 s 1420; 1965 c 9 s 29.82.120. Prior: 1913 c 146 s 10; RRS s 5359. Formerly RCW 29.82.120.]

catchline: Fraudulent names—Record of.


title: RCW 29A.56.250

text:
The special election for the recall of an officer shall be conducted in the same manner as a special election for that jurisdiction. The county auditor shall conduct the recall election. The ballots at any recall election shall contain a full, true, and correct copy of the ballot synopsis of the charge and the officer's response to the charge if one has been filed.
[ 2003 c 111 s 1421. Prior: 1990 c 59 s 71; 1980 c 42 s 2; 1965 c 9 s 29.82.130; prior: 1913 c 146 s 11; RRS s 5360. See also RCW 29.48.040. Formerly RCW 29.82.130.]
Notes:
Intent—Effective date—1990 c 59: See notes following RCW 29A.04.013.

catchline: Conduct of election—Contents of ballot.


title: RCW 29A.56.260

text:
The votes on a recall election must be counted, canvassed, and the results certified in the manner provided by law for counting, canvassing, and certifying the results of an election for the office from which the officer is being recalled. However, if the officer whose recall is demanded is the officer to whom, under the law, returns of elections are made, the returns must be made to the officer with whom the charge is filed, and who called the special election. In the case of an election for the recall of a state officer, the county canvassing boards of the various counties shall canvass and return the result of the election to the officer calling the special election. If a majority of all votes cast at the recall election is for the recall of the officer charged, the officer is thereupon recalled and discharged from the office, and the office thereupon is vacant.
[ 2003 c 111 s 1422; 1977 ex.s. c 361 s 109; 1965 c 9 s 29.82.140. Prior: 1913 c 146 s 12; RRS s 5361. Formerly RCW 29.82.140.]
Notes:
Effective date—Severability—1977 ex.s. c 361: See notes following RCW 29A.16.040.
Canvassing the returns: Chapter 29A.60 RCW.

catchline: Ascertaining the result—When recall effective.


title: RCW 29A.56.270

text:
The superior court of the county in which the officer subject to recall resides has original jurisdiction to compel the performance of any act required of any public officer or to prevent the performance by any such officer of any act in relation to the recall not in compliance with law.
The supreme court has like original jurisdiction in relation to state officers and revisory jurisdiction over the decisions of the superior courts. Any proceeding to compel or prevent the performance of any such act shall be begun within ten days from the time the cause of complaint arises, and shall be considered an emergency matter of public concern and take precedence over other cases, and be speedily heard and determined. Appellate review of a decision of any superior court shall be begun and perfected within fifteen days after its decision in a recall election case and shall be considered an emergency matter of public concern by the supreme court, and heard and determined within thirty days after the decision of the superior court.
[ 2003 c 111 s 1423. Prior: 1988 c 202 s 30; 1984 c 170 s 10; 1965 c 9 s 29.82.160; prior: 1913 c 146 s 14; RRS s 5363. Formerly RCW 29.82.160.]
Notes:
Rules of court: Writ procedure superseded by RAP 2.1(b), 16.2, 18.22.
Severability—1988 c 202: See note following RCW 2.24.050.


title: RCW 29A.56.300

text:
The agreement among the states to elect the president by national popular vote is hereby entered into and enacted into law with all jurisdictions legally joining therein, in the form substantially as follows:
ARTICLE I - Membership
Any state of the United States and the District of Columbia may become a member of this agreement by enacting this agreement.
ARTICLE II - Right of the People in Member States to Vote
for President and Vice President
Each member state shall conduct a statewide popular election for president and vice president of the United States.
ARTICLE III - Manner of Appointing Presidential Electors
in Member States
Prior to the time set by law for the meeting and voting by the presidential electors, the chief election official of each member state shall determine the number of votes for each presidential slate in each state of the United States and in the District of Columbia in which votes have been cast in a statewide popular election and shall add such votes together to produce a "national popular vote total" for each presidential slate.
The chief election official of each member state shall designate the presidential slate with the largest national popular vote total as the "national popular vote winner."
The presidential elector certifying official of each member state shall certify the appointment in that official's own state of the elector slate nominated in that state in association with the national popular vote winner.
At least six days before the day fixed by law for the meeting and voting by the presidential electors, each member state shall make a final determination of the number of popular votes cast in the state for each presidential slate and shall communicate an official statement of such determination within twenty-four hours to the chief election official of each other member state.
The chief election official of each member state shall treat as conclusive an official statement containing the number of popular votes in a state for each presidential slate made by the day established by federal law for making a state's final determination conclusive as to the counting of electoral votes by congress.
In event of a tie for the national popular vote winner, the presidential elector certifying official of each member state shall certify the appointment of the elector slate nominated in association with the presidential slate receiving the largest number of popular votes within that official's own state.
If, for any reason, the number of presidential electors nominated in a member state in association with the national popular vote winner is less than or greater than that state's number of electoral votes, the presidential candidate on the presidential slate that has been designated as the national popular vote winner shall have the power to nominate the presidential electors for that state and that state's presidential elector certifying official shall certify the appointment of such nominees.
The chief election official of each member state shall immediately release to the public all vote counts or statements of votes as they are determined or obtained.
This article shall govern the appointment of presidential electors in each member state in any year in which this agreement is, on July 20, in effect in states cumulatively possessing a majority of the electoral votes.
ARTICLE IV - Other Provisions
This agreement shall take effect when states cumulatively possessing a majority of the electoral votes have enacted this agreement in substantially the same form and the enactments by such states have taken effect in each state.
Any member state may withdraw from this agreement, except that a withdrawal occurring six months or less before the end of a president's term shall not become effective until a president or vice president shall have been qualified to serve the next term.
The chief executive of each member state shall promptly notify the chief executive of all other states of when this agreement has been enacted and has taken effect in that official's state, when the state has withdrawn from this agreement, and when this agreement takes effect generally.
This agreement shall terminate if the electoral college is abolished.
If any provision of this agreement is held invalid, the remaining provisions shall not be affected.
ARTICLE V - Definitions
For purposes of this agreement:
"Chief executive" shall mean the governor of a state of the United States or the mayor of the District of Columbia;
"Elector slate" shall mean a slate of candidates who have been nominated in a state for the position of presidential elector in association with a presidential slate;
"Chief election official" shall mean the state official or body that is authorized to certify the total number of popular votes for each presidential slate;
"Presidential elector" shall mean an elector for president and vice president of the United States;
"Presidential elector certifying official" shall mean the state official or body that is authorized to certify the appointment of the state's presidential electors;
"Presidential slate" shall mean a slate of two persons, the first of whom has been nominated as a candidate for president of the United States and the second of whom has been nominated as a candidate for vice president of the United States, or any legal successors to such persons, regardless of whether both names appear on the ballot presented to the voter in a particular state;
"State" shall mean a state of the United States and the District of Columbia; and
"Statewide popular election" shall mean a general election in which votes are cast for presidential slates by individual voters and counted on a statewide basis.
[ 2009 c 264 s 2.]
Notes:
Intent—2009 c 264: "It is the intent of the legislature to enter into the agreement among the states to elect the president by national popular vote. This agreement is a contract between the member states. As a contract, this agreement is governed by the legal principles applicable to contracts. As with a contract, in order for this agreement to have the force of law in a jurisdiction that wishes to enter into the agreement, it must be accepted in precisely the same terms that constitute the offer. Any material variance between the offer and acceptance precludes the formation of a contract. Therefore, the agreement among the states to elect the president by national popular vote must be enacted by Washington under identical terms as contained in the agreement and as enacted by Hawaii, Illinois, Maryland, and New Jersey, subject to only nonmaterial changes." [ 2009 c 264 s 1.]

catchline: States' agreement—Presidential election—National popular vote.


title: RCW 29A.56.310

text:
On the Tuesday after the first Monday of November in the year in which a president of the United States is to be elected, there shall be elected as many electors of president and vice president of the United States as there are senators and representatives in Congress allotted to this state.
[ 2003 c 111 s 1424; 1965 c 9 s 29.71.010. Prior: 1891 c 148 s 1; RRS s 5138. Formerly RCW 29.71.010.]

catchline: Date of election—Number.


title: RCW 29A.56.320

text:
(1) In the year in which a presidential election is held, each major political party and each minor political party or independent candidate convention that nominates candidates for president and vice president of the United States shall nominate presidential electors for this state. The party or convention shall file with the secretary of state a certificate signed by the presiding officer of the convention at which the presidential electors were chosen, listing the names and addresses of the presidential electors.
(2) The names of presidential electors shall not appear on the ballots. The votes cast for candidates for president and vice president of each political party shall be counted for the candidates for presidential electors of that political party; however, if the interstate compact entitled the "agreement among the states to elect the president by national popular vote," as set forth in RCW 29A.56.300, governs the appointment of the presidential electors for a presidential election as provided in clause 9 of Article III of that compact, then the final appointment of presidential electors for that presidential election shall be in accordance with that compact.
[ 2019 c 143 s 10; 2013 c 11 s 56; 2009 c 264 s 3; 2003 c 111 s 1425. Prior: 1990 c 59 s 69; 1977 ex.s. c 238 s 1; 1965 c 9 s 29.71.020; prior: 1935 c 20 s 1; RRS s 5138-1. Formerly RCW 29.71.020.]
Notes:
Short title—Uniformity of application and construction—2019 c 143: See notes following RCW 29A.56.080.
Intent—2009 c 264: See note following RCW 29A.56.300.
Intent—Effective date—1990 c 59: See notes following RCW 29A.04.013.

catchline: Nomination—What names on ballots—How counted.


title: RCW 29A.56.340

text:
The electors of the president and vice president shall convene at the seat of government on the day fixed by federal statute, at the hour of twelve o'clock noon of that day.
[ 2019 c 143 s 11; 2003 c 111 s 1427; 1977 ex.s. c 238 s 2; 1965 c 9 s 29.71.040. Prior: 1909 c 22 s 1; 1891 c 148 s 3; RRS s 5140. Formerly RCW 29.71.040.]
Notes:
Short title—Uniformity of application and construction—2019 c 143: See notes following RCW 29A.56.080.

catchline: Time and place of meeting.


title: RCW 29A.56.350

text:
Every presidential elector who attends at the time and place appointed, and gives his or her vote for president and vice president consistent with his or her pledge under RCW 29A.56.084 or 29A.56.088(3), is entitled to receive from this state a subsistence allowance and travel expenses pursuant to RCW 43.03.050 and 43.03.060 for each day's attendance at the meeting of the college of electors.
[ 2019 c 143 s 12; 2013 c 38 s 1; 2003 c 111 s 1428; 1965 c 9 s 29.71.050. Prior: 1891 c 148 s 4; RRS s 5141. Formerly RCW 29.71.050.]
Notes:
Short title—Uniformity of application and construction—2019 c 143: See notes following RCW 29A.56.080.

catchline: Compensation.


title: RCW 29A.56.360

text:
In a year in which the president and vice president of the United States are to be elected, the secretary of state shall include in the certification prepared under RCW 29A.52.321 the names of all candidates for president and vice president who, no later than the third Tuesday of August, have certified a slate of electors to the secretary of state under RCW 29A.56.320 and have been nominated either (1) by a major political party, as certified by the appropriate authority under party rules, or (2) by a minor party or as independent candidates. Major or minor political parties or independent presidential candidates may substitute a different candidate for vice president for the one whose name appears on the party's certification or nominating petition at any time before seventy-five days before the general election, by certifying the change to the secretary of state. Substitutions must not be permitted to delay the printing of either ballots or a voters' pamphlet. Substitutions are valid only if submitted under oath and signed by the same individual who originally certified the nomination, or his or her documented successor, and only if the substitute candidate consents in writing.
[ 2013 c 11 s 57; 2003 c 111 s 1429. Prior: 2001 c 30 s 1. Formerly RCW 29.27.140.]

catchline: Slate of presidential electors.


title: RCW 29A.56.410

text:
Within thirty days after the state is officially notified that the Congress of the United States has submitted to the several states a proposed amendment to the Constitution of the United States to be ratified or rejected by a convention, the governor shall issue a proclamation fixing the time and place for holding the convention and fixing the time for holding an election to elect delegates to the convention.
[ 2003 c 111 s 1430; 1965 c 9 s 29.74.010. Prior: 1933 c 181 s 1, part; RRS s 5249-1, part. Formerly RCW 29.74.010.]

catchline: Governor's proclamation calling convention—When.


title: RCW 29A.56.420

text:
The proclamation shall be published once each week for two successive weeks in one newspaper published and of general circulation in each of the congressional districts of the state. The first publication of the proclamation shall be within thirty days of the receipt of official notice by the state of the submission of the amendment.
[ 2003 c 111 s 1431. Prior: 1965 c 9 s 29.74.020; prior: 1933 c 181 s 1, part; RRS s 5249-1, part. Formerly RCW 29.74.020.]

catchline: Governor's proclamation calling convention—Publication.


title: RCW 29A.56.430

text:
The date for holding the election of delegates must be not less than one month nor more than six weeks before the date of holding the convention. If a general election is to be held not more than six months nor less than three months from the date of official notice of submission to the state of the proposed amendment, the governor must fix the date of the general election as the date for the election of delegates to the convention.
[ 2003 c 111 s 1432; 1965 c 9 s 29.74.030. Prior: (i) 1933 c 181 s 1, part; RRS s 5249-1, part. (ii) 1933 c 181 s 9; RRS s 5249-9. Formerly RCW 29.74.030.]

catchline: Election of convention delegates—Date.


title: RCW 29A.56.440

text:
The convention shall be held not less than five nor more than eight months from the date of the first publication of the proclamation provided for in RCW 29A.56.420. It shall be held in the chambers of the state house of representatives unless the governor shall select some other place at the state capitol.
[ 2003 c 111 s 1433. Prior: 1965 c 9 s 29.74.040; prior: 1933 c 181 s 1, part; RRS s 5249-1, part. Formerly RCW 29.74.040.]

catchline: Time and place for convention.


title: RCW 29A.56.450

text:
Each state representative district shall be entitled to as many delegates in the convention as it has members in the house of representatives of the state legislature. No person shall be qualified to act as a delegate in said convention who does not possess the qualifications required of representatives in the state legislature from the same district.
[ 2003 c 111 s 1434. Prior: 1965 c 9 s 29.74.050; prior: 1933 c 181 s 2; RRS s 5249-2. Formerly RCW 29.74.050.]
Notes:
Qualifications of legislators: State Constitution Art. 2 s 7.

catchline: Delegates—Number and qualifications.


title: RCW 29A.56.460

text:
Anyone desiring to file as a candidate for election as a delegate to the convention shall, not less than thirty nor more than sixty days before the date fixed for holding the election, file a declaration of candidacy with the secretary of state. Filing must be made on a form to be prescribed by the secretary of state and include a sworn statement of the candidate as being either for or against the amendment that will be submitted to a vote of the convention and that the candidate will, if elected as a delegate, vote in accordance with the declaration. The form must be so worded that the candidate must give a plain unequivocal statement of his or her views as either for or against the proposal upon which he or she will, if elected, be called upon to vote. No candidate may in any such filing make any statement or declaration as to party politics or political faith or beliefs. The fee for filing as a candidate is ten dollars and must be transmitted to the secretary of state with the filing papers and be by the secretary of state transmitted to the state treasurer for the use of the general fund.
[ 2003 c 111 s 1435; 1965 c 9 s 29.74.060. Prior: 1933 c 181 s 3; RRS s 5249-3. Formerly RCW 29.74.060.]

catchline: Delegates—Declarations of candidacy.


title: RCW 29A.56.470

text:
The election of delegates to the convention must as far as practicable, be administered, except as otherwise provided in this chapter, in the same manner as a general election under the election laws of this state.
[ 2003 c 111 s 1436; 1965 c 9 s 29.74.070. Prior: 1933 c 181 s 4, part; RRS s 5249-4, part. Formerly RCW 29.74.070.]

catchline: Election of delegates—Administration.


title: RCW 29A.56.480

text:
The issue shall be identified as, "Delegates to a convention for ratification or rejection of a proposed amendment to the United States Constitution, relating . . . . . . . . . . . (stating briefly the substance of amendment proposed for adoption or rejection)." The names of all candidates who have filed in a district shall be printed on the ballots for that district in two separate groups under the headings, "For the amendment" and "Against the amendment." The names of the candidates in each group shall be printed in alphabetical order.
[ 2003 c 111 s 1437. Prior: 1990 c 59 s 70; 1965 c 9 s 29.74.080; prior: 1933 c 181 s 4, part; RRS s 5249-4, part. Formerly RCW 29.74.080.]
Notes:
Intent—Effective date—1990 c 59: See notes following RCW 29A.04.013.
Ballots: Chapter 29A.36 RCW.

catchline: Election of delegates—Ballots.


title: RCW 29A.56.490

text:
The election officials shall count and determine the number of votes cast for each individual; and shall also count and determine the aggregate number of votes cast for all candidates whose names appear under each of the respective headings. Where more than the required number have been voted for, the ballot must be rejected. The vote must be canvassed in each county by the county canvassing board, and certificate of results must be transmitted to the secretary of state. Upon receiving the certificate, the secretary of state may require precinct returns from any county to be forwarded for the secretary's examination.
Where a district embraces precincts of more than one county, the secretary of state shall combine the votes from all the precincts included in each district. The delegates elected in each district will be the number of candidates corresponding to the number of state representatives from the district, who receive the highest number of votes in the group (either "for" or "against") that received an aggregate number of votes for all candidates in the group greater than the aggregate number of votes for all the candidates in the other group. The secretary of state shall issue certificates of election to the delegates so elected.
[ 2013 c 11 s 58; 2011 c 10 s 46; 2003 c 111 s 1438; 1965 c 9 s 29.74.100. Prior: 1933 c 181 s 6; RRS s 5249-6. Formerly RCW 29.74.100.]
Notes:
Notice to registered poll voters—Elections by mail—2011 c 10: See note following RCW 29A.04.008.

catchline: Election of delegates—Ascertaining result.


title: RCW 29A.56.500

text:
The convention shall meet at the time and place fixed in the governor's proclamation. The secretary of state shall call it to order, who shall then call the roll of the delegates and preside over the convention until its president is elected. The chief justice of the supreme court shall administer the oath of office to the delegates. As far as practicable, the convention shall proceed under the rules adopted by the last preceding session of the state senate. The convention shall elect a president and a secretary and shall thereafter and thereupon proceed with a publicly recorded voice vote upon the proposition submitted by the Congress of the United States.
[ 2003 c 111 s 1439; 1965 c 9 s 29.74.110. Prior: 1933 c 181 s 7, part; RRS s 5249-7, part. Formerly RCW 29.74.110.]

catchline: Meeting—Organization.


title: RCW 29A.56.510

text:
Two-thirds of the elected members of said convention shall constitute a quorum to do business, and a majority of those elected shall be sufficient to adopt or reject any proposition coming before the convention. If such majority votes in favor of the ratification of the amendment submitted to the convention, the said amendment shall be deemed ratified by the state of Washington; and if a majority votes in favor of rejecting or not ratifying the amendment, the same shall be deemed rejected by the state of Washington.
[ 2003 c 111 s 1440. Prior: 1965 c 9 s 29.74.120; prior: 1933 c 181 s 8, part; RRS s 5249-8, part. Formerly RCW 29.74.120.]

catchline: Quorum—Proceedings—Record.


title: RCW 29A.56.520

text:
The vote of each member shall be recorded in the journal of the convention, which shall be preserved by the secretary of state as a public document. The action of the convention shall be enrolled, signed by its president and secretary and filed with the secretary of state and it shall be the duty of the secretary of state to properly certify the action of the convention to the Congress of the United States as provided by general law.
[ 2003 c 111 s 1441; 1965 c 9 s 29.74.130. Prior: (i) 1933 c 181 s 7, part; RRS s 5249-7, part. (ii) 1933 c 181 s 8, part; RRS s 5249-8, part. Formerly RCW 29.74.130.]

catchline: Certification and transmittal of result.


title: RCW 29A.56.530

text:
The delegates attending the convention shall be paid the amount of their filing fee, upon vouchers approved by the president and secretary of the convention and state warrants issued thereon and payable from the general fund of the state treasury. The delegates shall receive no other compensation or mileage. All other necessary expenses of the convention shall be payable from the general fund of the state upon vouchers approved by the president and secretary of the convention.
[ 2003 c 111 s 1442. Prior: 1965 c 9 s 29.74.140; prior: 1933 c 181 s 10; RRS s 5249-10. Formerly RCW 29.74.140.]

catchline: Expenses—How paid—Delegates receive filing fee.


title: RCW 29A.56.540

text:
If a congressional measure, which submits to the several states an amendment to the Constitution of the United States for ratification or rejection, provides for or requires a different method of calling and holding conventions to ratify or reject said amendment, the requirements of said congressional measure shall be followed so far as they conflict with the provisions of this chapter.
[ 2003 c 111 s 1443. Prior: 1965 c 9 s 29.74.150; prior: 1933 c 181 s 11; RRS s 5249-11. Formerly RCW 29.74.150.]

catchline: Federal statutes controlling.


title: RCW 29A.56.600

text:
A "convention" for the purposes of this chapter , is an organized assemblage of registered voters representing an independent candidate or candidates or a new or minor political party, organization, or principle.
[ 2013 c 11 s 26; 2004 c 271 s 188. Formerly RCW 29A.20.111.]

catchline: Convention.


title: RCW 29A.56.610

text:
Nominations of candidates for president and vice president of the United States, other than by a major political party, may be made at a convention conducted not earlier than the first Saturday in May and not later than the fourth Saturday in July in the year that president and vice president appear on the general election ballot. A minor political party may hold more than one convention but in no case shall any such party nominate more than one candidate for president or more than one candidate for vice president. To be valid, a convention must be attended by at least one hundred registered voters, but a minor party or independent candidate holding multiple conventions may add together the number of signatures of different individuals from each convention in order to obtain and submit to the secretary of state the signatures of at least one thousand registered voters of the state of Washington.
[ 2013 c 11 s 27; 2006 c 344 s 4; 2004 c 271 s 110. Formerly RCW 29A.20.121.]
Notes:
Effective date—2006 c 344 ss 1-16 and 18-40: See note following RCW 29A.04.311.

catchline: Nomination by convention—Dates.


title: RCW 29A.56.620

text:
Each minor party or independent candidate must publish a notice in a newspaper of general circulation within the county in which the party or the candidate intends to hold a convention. The notice must appear at least ten days before the convention is to be held, and shall state the date, time, and place of the convention. Additionally, it shall include the mailing address of the person or organization sponsoring the convention.
[ 2004 c 271 s 189. Formerly RCW 29A.20.131.]

catchline: Convention—Notice.


title: RCW 29A.56.630

text:
A nominating petition submitted under this chapter shall clearly identify the name of the minor party or independent candidate convention as it appears on the certificate of nomination as required by *RCW 29A.20.161(3). The petition shall also contain a statement that the person signing the petition is a registered voter of the state of Washington and shall have a space for the voter to sign his or her name and to print his or her name and address. No person may sign more than one nominating petition under this chapter for an office for an election.
[ 2004 c 271 s 112. Formerly RCW 29A.20.151.]
Notes:
*Reviser's note: RCW 29A.20.161 was recodified as RCW 29A.56.640 pursuant to 2013 c 11 s 93.

catchline: Nominating petition—Requirements.


title: RCW 29A.56.640

text:
A certificate evidencing nominations made at a convention must:
(1) Be in writing;
(2) Contain the name of each person nominated, his or her residence, the office for which he or she is named, and a sworn statement from both nominees giving their consent to the nomination;
(3) Identify the minor political party or the independent candidate on whose behalf the convention was held;
(4) Be verified by the oath of the presiding officer and secretary;
(5) Be accompanied by a nominating petition or petitions bearing the signatures and addresses of at least one thousand registered voters of the state of Washington;
(6) Contain proof of publication of the notice of calling the convention; and
(7) Be submitted to the secretary of state not later than the first Friday of August.
[ 2013 c 11 s 28; 2004 c 271 s 154. Formerly RCW 29A.20.161.]

catchline: Certificate of nomination—Requisites.


title: RCW 29A.56.650

text:
(1) If two or more valid certificates of nomination are filed purporting to nominate different candidates for the same position using the same party name, the filing officer must give effect to both certificates. If conflicting claims to the party name are not resolved either by mutual agreement or by a judicial determination of the right to the name, the candidates must be treated as independent candidates. Disputes over the right to the name must not be permitted to delay the printing of either ballots or a voters' pamphlet. Other candidates nominated by the same conventions may continue to use the partisan affiliation unless a court of competent jurisdiction directs otherwise.
(2) A person affected may petition the superior court of the county in which the filing officer is located for a judicial determination of the right to the name of a minor political party, either before or after documents are filed with the filing officer. The court shall resolve the conflict between competing claims to the use of the same party name according to the following principles: (a) The prior established public use of the name during previous elections by a party composed of or led by the same individuals or individuals in documented succession; (b) prior established public use of the name earlier in the same election cycle; (c) the nomination of a more complete slate of candidates for a number of offices or in a number of different regions of the state; (d) documented affiliation with a national or statewide party organization with an established use of the name; (e) the first date of filing of a certificate of nomination; and (f) such other indicia of an established right to use of the name as the court may deem relevant. If more than one filing officer is involved, and one of them is the secretary of state, the petition must be filed in the superior court for Thurston county. Upon resolving the conflict between competing claims, the court may also address any ballot designation for the candidate who does not prevail.
[ 2004 c 271 s 155. Formerly RCW 29A.20.171.]

catchline: Multiple certificates of nomination.


title: RCW 29A.56.660

text:
A minor political party or independent candidate convention nominating candidates for the offices of president and vice president of the United States shall, not later than ten days after the adjournment of the convention, submit a list of presidential electors to the office of the secretary of state. The list shall contain the names and the mailing addresses of the persons selected and shall be verified by the presiding officer of the convention.
[ 2004 c 271 s 156. Formerly RCW 29A.20.181.]

catchline: Presidential electors—Selection at convention.


title: RCW 29A.56.670

text:
Upon the receipt of the certificate of nomination, the secretary of state shall check the certificate and canvass the signatures on the accompanying nominating petitions to determine if the requirements of RCW 29A.56.640 have been met. Once the determination has been made, the secretary of state shall notify the presiding officer of the convention and any other persons requesting the notification , of his or her decision regarding the sufficiency of the certificate or the nominating petitions. Any appeal regarding the secretary's determination must be filed with the superior court of Thurston county not later than five days from the date the determination is made, and shall be heard and finally disposed of by the court within five days of the filing. Nominating petitions shall not be available for public inspection or copying.
[ 2013 c 11 s 29; 2004 c 271 s 157. Formerly RCW 29A.20.191.]

catchline: Certificate of nomination—Checking signatures—Appeal of determination.


title: RCW 29A.60.010

text:
All elections, whether special or general, held under RCW 29A.04.321 and 29A.04.330 must be conducted by the county auditor as ex officio county supervisor of elections and, except as provided in RCW 29A.60.240, the returns canvassed by the county canvassing board.
[ 2013 c 11 s 59; 2003 c 111 s 1501; 1965 c 123 s 4; 1965 c 9 s 29.13.040. Prior: 1963 c 200 s 6; 1955 c 55 s 3; 1951 c 257 s 4; 1951 c 101 s 4; 1949 c 161 s 5; Rem. Supp. 1949 s 5153-1. Formerly RCW 29.13.040.]

catchline: Conduct of elections—Canvass.


title: RCW 29A.60.021

text:
(1) For any office, except precinct committee officer, at any election or primary, any voter may write in on the ballot the name of any person for an office. Votes must be individually tallied for a candidate who has filed as a write-in candidate for the office in the manner provided by RCW 29A.24.311 as long as the requirements of subsection (6), (7), or (8) of this section are met. No write-in vote for a declared write-in candidate may be rejected due to variation in the form of the name if the canvassing board can determine the person and office for which the voter intended to vote.
(2) The total number of write-in votes cast for each office must be recorded and reported with the canvass for the election.
(3) A write-in vote for an individual candidate for an office whose name is printed on the ballot for that same office is a valid vote for that candidate as long as the candidate's name is clearly discernible, even if the voter also marked a vote for that candidate such as to otherwise register an overvote.
(4) Write-in votes cast for an individual candidate for an office whose name does not appear on the ballot need not be individually tallied unless the candidate has filed a timely declaration of write-in candidacy.
(5) In the case of write-in candidates for a statewide office or any office whose jurisdiction encompasses more than one county, write-in votes for an individual candidate must be tallied when the county auditor is notified by the filing officer for that office that a candidate has filed a timely declaration of write-in candidacy. In all other cases, the county auditor determines, in accordance with this section, whether a candidate has filed a timely declaration of write-in candidacy and thus, write-in votes must be individually tallied. The county canvassing board must certify write-in votes including the vote total received by a candidate that has filed a timely declaration of write-in candidacy if the requirements of subsection (6), (7), or (8) of this section are met. Final results must consolidate the vote total associated with each candidate after the canvassing board has reconciled any variation in the spelling of names for those candidates.
(6) In a primary, if the name of only a single candidate appears on the ballot for an office, and the total number of write-in votes cast for that office exceeds one percent of the total number of votes cast for that office, the individual write-in votes for each candidate who has filed a timely declaration of write-in candidacy must be canvassed and reported. Otherwise, individual tallying of write-in votes is not required.
(7) In a primary, if two or more candidates appear on the ballot for an office and the total number of write-in votes cast for that office exceeds the number of votes cast for the candidate with the second highest number of votes, then the individual write-in votes for each candidate who has filed a timely declaration of write-in candidacy must be canvassed and reported. Otherwise, individual tallying of write-in votes is not required.
(8) In a general election, if the total number of write-in votes cast for an office exceeds the number of votes cast for the candidate apparently elected to that office, then the individual write-in votes for each candidate who has filed a timely declaration of write-in candidacy must be canvassed and reported. Otherwise, individual tallying of write-in votes is not required.
[ 2018 c 187 s 3; 2012 c 89 s 4; 2005 c 243 s 12; 2004 c 271 s 147.]
Notes:
Intent—Finding—Effective date—2012 c 89: See notes following RCW 29A.24.311.

catchline: Write-in voting—Declaration of candidacy—Counting of vote.


title: RCW 29A.60.040

text:
A ballot is invalid and no votes on that ballot may be counted if it is found folded together with another ballot.
Those parts of a ballot are invalid and no votes may be counted for those issues or offices where more votes are cast for the office or issue than are permitted by law; write-in votes do not contain all of the information required under RCW 29A.60.021; or that issue or office is not marked with sufficient definiteness to determine the voter's choice or intention. No write-in vote may be rejected due to a variation in the form of the name if the canvassing board can determine the issue for or against which or the person and the office for which the voter intended to vote.
[ 2011 c 10 s 47; 2009 c 414 s 2; 2003 c 111 s 1504. Prior: 1999 c 158 s 13; 1999 c 157 s 4; 1990 c 59 s 56; 1977 ex.s. c 361 s 88; 1973 1st ex.s. c 121 s 2; 1965 ex.s. c 101 s 11; 1965 c 9 s 29.54.050; prior: (i) Code 1881 s 3091; 1865 p 38 s 2; RRS s 5336. (ii) 1895 c 156 s 10; 1889 p 411 s 29; RRS s 5294. (iii) 1905 c 39 s 1, part; 1889 p 405 s 15, part; RRS s 5272, part. (iv) 1895 c 156 s 11, part; 1886 p 128 s 1, part; Code 1881 s 3079, part; 1865 p 34 s 4, part; RRS s 5323, part. Formerly RCW 29.54.050.]
Notes:
Notice to registered poll voters—Elections by mail—2011 c 10: See note following RCW 29A.04.008.
Intent—Effective date—1990 c 59: See notes following RCW 29A.04.013.
Effective date—Severability—1977 ex.s. c 361: See notes following RCW 29A.16.040.

catchline: Rejection of ballots or parts—Write-in votes.


title: RCW 29A.60.050

text:
Whenever the counting center personnel have a question about the validity of a ballot or the votes for an office or issue that they are unable to resolve, they shall prepare and sign a concise record of the facts in question or dispute. These ballots shall be delivered to the canvassing board for processing. A ballot is not considered rejected until the canvassing board has rejected the ballot individually, or the ballot was included in a batch or on a report of ballots that was rejected in its entirety by the canvassing board. All ballots shall be preserved in the same manner as valid ballots for that primary or election.
[ 2011 c 10 s 48; 2005 c 243 s 13; 2003 c 111 s 1505. Prior: 1990 c 59 s 57; 1977 ex.s. c 361 s 89; 1965 c 9 s 29.54.060; prior: Code 1881 s 3080, part; 1865 p 34 s 5, part; RRS s 5324, part. Formerly RCW 29.54.060.]
Notes:
Notice to registered poll voters—Elections by mail—2011 c 10: See note following RCW 29A.04.008.
Intent—Effective date—1990 c 59: See notes following RCW 29A.04.013.
Effective date—Severability—1977 ex.s. c 361: See notes following RCW 29A.16.040.

catchline: Questions on validity of ballot—Rejection—Preservation and return.


title: RCW 29A.60.060

text:
After the close of voting at 8:00 p.m., the county auditor must directly load the results from any direct recording electronic memory pack into the central accumulator.
[ 2013 c 11 s 60; 2011 c 10 s 49; 2003 c 111 s 1506. Prior: 1999 c 158 s 12. Formerly RCW 29.54.097.]
Notes:
Notice to registered poll voters—Elections by mail—2011 c 10: See note following RCW 29A.04.008.

catchline: Results after close of voting.


title: RCW 29A.60.070

text:
The county auditor shall produce cumulative and precinct returns for each primary and election and deliver them to the canvassing board for verification and certification. The precinct and cumulative returns of any primary or election are public records under chapter 42.56 RCW.
Cumulative returns for state offices, judicial offices, the United States senate, and congress must be electronically transmitted to the secretary of state immediately.
[ 2005 c 274 s 249; 2005 c 243 s 14; 2003 c 111 s 1507. Prior: 1990 c 59 s 60. Formerly RCW 29.54.105.]
Notes:
Reviser's note: This section was amended by 2005 c 243 s 14 and by 2005 c 274 s 249, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Intent—Effective date—1990 c 59: See notes following RCW 29A.04.013.

catchline: Returns, precinct and cumulative—Delivery.


title: RCW 29A.60.090

text:
In counties using voting systems, the county auditor shall maintain the following documents for at least sixty days after the primary or election:
(1) Sample ballot formats together with a record of the format or formats assigned to each precinct;
(2) All programming material related to the control of the vote tallying system for that primary or election; and
(3) All test materials used to verify the accuracy of the tabulating equipment as required by RCW 29A.12.130.
[ 2003 c 111 s 1509. Prior: 1990 c 59 s 61; 1977 ex.s. c 361 s 94. Formerly RCW 29.54.170.]
Notes:
Intent—Effective date—1990 c 59: See notes following RCW 29A.04.013.
Effective date—Severability—1977 ex.s. c 361: See notes following RCW 29A.16.040.

catchline: Voting systems—Maintenance of documents.


title: RCW 29A.60.095

text:
(1) The electronic record produced and counted by electronic voting devices is the official record of each vote for election purposes. The paper record produced under RCW 29A.12.085 must be stored and maintained for use only in the following circumstances:
(a) In the event of a manual recount;
(b) By order of the county canvassing board;
(c) By order of a court of competent jurisdiction; or
(d) For use in the random audit of results described in RCW 29A.60.185.
(2) When such paper record is used in any of the circumstances listed in subsection (1) of this section, it shall be the official record of the election.
[ 2005 c 242 s 3.]
Notes:
Required: RCW 29A.12.085.
Unauthorized removal of paper record from voting center: RCW 29A.84.545.

catchline: Electronic voting devices—Record maintenance.


title: RCW 29A.60.100

text:
Votes cast by stickers or printed labels are not valid for any purpose and shall be rejected. Votes cast by sticker or label shall not affect the validity of other offices or issues on the voter's ballot.
[ 2003 c 111 s 1510. Prior: 1990 c 59 s 46; 1965 ex.s. c 101 s 16. Formerly RCW 29.51.175.]
Notes:
Intent—Effective date—1990 c 59: See notes following RCW 29A.04.013.

catchline: Votes by stickers, printed labels, rejected.


title: RCW 29A.60.110

text:
(1) 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.
(2) 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.
[ 2018 c 218 s 4; 2013 c 11 s 61; 2011 c 10 s 50; 2003 c 111 s 1511; 1999 c 158 s 14; 1990 c 59 s 59. Formerly RCW 29.54.075.]
Notes:
Intent—2018 c 218: See note following RCW 29A.60.185.
Notice to registered poll voters—Elections by mail—2011 c 10: See note following RCW 29A.04.008.
Intent—Effective date—1990 c 59: See notes following RCW 29A.04.013.

catchline: Ballot containers, sealing, opening.


title: RCW 29A.60.120

text:
(1) 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.
(2) The returns produced by the vote tallying system, to which have been added the counts of questioned ballots, and write-in votes, constitute the official returns of the primary or election in that county.
[ 2011 c 10 s 51; 2003 c 111 s 1512; 1999 c 158 s 15; 1990 c 59 s 33; 1977 ex.s. c 361 s 74. Formerly RCW 29.54.085, 29.34.167.]
Notes:
Notice to registered poll voters—Elections by mail—2011 c 10: See note following RCW 29A.04.008.
Intent—Effective date—1990 c 59: See notes following RCW 29A.04.013.
Effective date—Severability—1977 ex.s. c 361: See notes following RCW 29A.16.040.

catchline: Counting ballots—Official returns.


title: RCW 29A.60.125

text:
If inspection of the ballot reveals a physically damaged ballot or ballot that may be otherwise unreadable or uncountable by the tabulating system, the county auditor may refer the ballot to the county canvassing board or duplicate the ballot if so authorized by the county canvassing board. The voter's original ballot may not be altered. A ballot may be duplicated only if the intent of the voter's marks on the ballot is clear and the electronic voting equipment might not otherwise properly tally the ballot to reflect the intent of the voter. Ballots must be duplicated by teams of two or more people working together. When duplicating ballots, the county auditor shall take the following steps to create and maintain an audit trail of the action taken:
(1) Each original ballot and duplicate ballot must be assigned the same unique control number, with the number being marked upon the face of each ballot, to ensure that each duplicate ballot may be tied back to the original ballot;
(2) A log must be kept of the ballots duplicated, which must at least include:
(a) The control number of each original ballot and the corresponding duplicate ballot;
(b) The initials of at least two people who participated in the duplication of each ballot; and
(c) The total number of ballots duplicated.
Original and duplicate ballots must be sealed in secure storage at all times, except during duplication, inspection by the canvassing board, tabulation, or to conduct an audit under RCW 29A.60.185.
[ 2018 c 218 s 8; 2005 c 243 s 10.]
Notes:
Intent—2018 c 218: See note following RCW 29A.60.185.

catchline: Damaged ballots.


title: RCW 29A.60.130

text:
No certificate shall be withheld on account of any defect or informality in the returns of any election, if it can with reasonable certainty be ascertained from such return what office is intended, and who is entitled to such certificate, nor shall any commission be withheld by the governor on account of any defect or informality of any return made to the office of the secretary of state.
[ 2003 c 111 s 1513. Prior: 1965 c 9 s 29.27.120; prior: Code 1881 s 3102; 1865 p 41 s 13; RRS s 5347. Formerly RCW 29.27.120.]

catchline: Certificate not withheld for informality in returns.


title: RCW 29A.60.140

text:
(1) Members of the county canvassing board are the county auditor, who is the chair, the county prosecuting attorney, and the chair of the county legislative body. If a member of the board is not available to carry out the duties of the board, then the auditor may designate a deputy auditor, the prosecutor may designate a deputy prosecuting attorney, and the chair of the county legislative body may designate another member of the county legislative body or, in a county with a population over one million, an employee of the legislative body who reports directly to the chair. An "employee of the legislative body" means an individual who serves in any of the following positions: Chief of staff; legal counsel; clerk of the council; policy staff director; and any successor positions to these positions should these original positions be changed. Any such designation may be made on an election-by-election basis or may be on a permanent basis until revoked by the designating authority. Any such designation must be in writing, and if for a specific election, must be filed with the county auditor not later than the day before the first day duties are to be undertaken by the canvassing board. If the designation is permanent until revoked by the designating authority, then the designation must be on file in the county auditor's office no later than the day before the first day the designee is to undertake the duties of the canvassing board. Members of the county canvassing board designated by the county auditor, county prosecuting attorney, or chair of the county legislative body shall complete training as provided in RCW 29A.04.540 and shall take an oath of office similar to that taken by county auditors and deputy auditors in the performance of their duties.
(2) The county canvassing board may adopt rules that delegate in writing to the county auditor or the county auditor's staff the performance of any task assigned by law to the canvassing board.
(3) The county canvassing board may not delegate the responsibility of certifying the returns of a primary or election, of determining the validity of challenged ballots, or of determining the validity of provisional ballots referred to the board by the county auditor.
(4) The county canvassing board shall adopt administrative rules to facilitate and govern the canvassing process in that jurisdiction.
(5) Meetings of the county canvassing board are public meetings under chapter 42.30 RCW. Meetings must be conducted at times and locations that are accessible to the public to ensure that the public is informed and able to attend or observe. The time and location of county canvassing board meetings must be published in accordance with chapter 42.30 RCW. All rules adopted by the county canvassing board must be adopted in a public meeting under chapter 42.30 RCW, and once adopted must be available to the public to review and copy under chapter 42.56 RCW.
[ 2024 c 269 s 9; 2008 c 308 s 1; 2005 c 274 s 250; 2003 c 111 s 1514.]

catchline: Canvassing board—Membership—Authority—Delegation of authority—Rule making.


title: RCW 29A.60.150

text:
The members of the county canvassing board may not include individuals who are candidates for an office to be voted upon at the primary or election. If no individual is available to serve on the canvassing board who is not a candidate at the primary or election the individual who is a candidate must not make decisions regarding the determination of a voter's intent with respect to a vote cast for that specific office; the decision must be made by the other two members of the board. If the two disagree, the vote must not be counted unless the number of those votes could affect the result of the primary or election, in which case the secretary of state or a designee shall make the decision on those votes. This section does not restrict participation in decisions as to the acceptance or rejection of entire ballots, unless the office in question is the only one for which the voter cast a vote.
[ 2003 c 111 s 1515; 1995 c 139 s 3; 1965 c 9 s 29.62.030. Prior: 1957 c 195 s 16; prior: (i) Code 1881 s 3098; 1865 p 39 s 8; RRS s 5345. (ii) 1919 c 163 s 21, part; Code 1881 s 3095, part; 1868 p 20 s 1, part; 1865 p 39 s 6, part; RRS s 5340, part. Formerly RCW 29.62.030.]

catchline: Procedure when member a candidate.


title: RCW 29A.60.160

text:
(1) The county auditor, as delegated by the county canvassing board, shall process ballots and canvass the votes cast at that primary or election on a daily basis in counties with a population of seventy-five thousand or more, or at least every third day for counties with a population of less than seventy-five thousand, if the county auditor is in possession of more than five hundred ballots that have yet to be canvassed.
(2) Saturdays, Sundays, and legal holidays are not counted for purposes of this section.
(3) In order to protect the secrecy of a ballot, the county auditor may use discretion to decide when to process ballots and canvass the votes.
(4) Tabulation results must be made available to the public immediately upon completion of the canvass. Records of ballots counted must be made available to the public at the end of each day that the county auditor has processed ballots during and after an election.
[ 2016 c 134 s 2; 2013 c 11 s 62; 2011 c 10 s 53; (2011 c 10 s 52 expired July 1, 2013); 2007 c 373 s 2; (2007 c 373 s 1 expired July 1, 2013). Prior: 2005 c 243 s 15; (2005 c 153 s 11 expired July 1, 2013); 2003 c 111 s 1516; 1999 c 259 s 4; 1995 c 139 s 2; 1987 c 54 s 2; 1965 c 9 s 29.62.020; prior: 1957 c 195 s 15; prior: 1919 c 163 s 21, part; Code 1881 s 3095, part; 1868 p 20 s 1, part; 1865 p 39 s 6, part; RRS s 5340, part. Formerly RCW 29.62.020.]
Notes:
Effective date—2011 c 10 ss 53 and 58: "Sections 53 and 58 of this act take effect July 1, 2013." [ 2011 c 10 s 88.]
Expiration date—2011 c 10 ss 52 and 57: "Sections 52 and 57 of this act expire July 1, 2013." [ 2011 c 10 s 89.]
Notice to registered poll voters—Elections by mail—2011 c 10: See note following RCW 29A.04.008.
Effective date—2007 c 373 s 2: "Section 2 of this act takes effect July 1, 2013." [ 2007 c 373 s 5.]
Expiration date—2007 c 373 s 1: "Section 1 of this act expires July 1, 2013." [ 2007 c 373 s 4.]
Expiration date—2005 c 153 ss 11 and 12: "Sections 11 and 12 of this act expire July 1, 2013." [ 2005 c 153 s 14.]
Absentee ballots, canvassing: RCW 29A.40.110.

catchline: Ballots—Processing, canvassing.


title: RCW 29A.60.165

text:
(1) If the voter neglects to sign the 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 within five business days of the final meeting of the canvassing board, or the voter has been notified by first-class mail and has not responded at least 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.
(2)(a) If the handwriting of the signature on a ballot declaration is not the same as the handwriting of the signature on the registration file, the auditor shall notify the voter by first-class mail, 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 within five business days of the final meeting of the canvassing board, or the voter has been notified by first-class mail and has not responded at least 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.
(b) If the signature on a 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.
(c) If the signature on a ballot declaration is not the same as the signature on the registration file because the voter used initials or a common nickname, the ballot may be counted as long as the surname and handwriting are clearly the same.
(3) If the auditor calls a voter who neglected to sign the ballot declaration or whose signature on the 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.
(4) An auditor who provides electronic means for submission of a 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.
(5) If a voter's 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.
(6) A voter may not cure a missing or mismatched signature for purposes of counting the ballot in a recount.
(7) A record must be kept of all ballots with missing and mismatched signatures. The record must contain the date on which the voter was contacted or the notice was mailed, as well as the date on which the voter submitted updated information. The record must be updated each day that ballots are processed under RCW 29A.60.160, each time a voter was contacted or the notice was mailed, and when the voter submitted updated information. The auditor shall send the record, and any updated records, to the secretary of state no later than forty-eight hours after the record is created or updated. The secretary of state shall make all records publicly available no later than twenty-four hours after receiving the record.
[ 2024 c 269 s 1; 2019 c 167 s 1; 2013 c 11 s 63; 2011 c 10 s 54. Prior: 2006 c 209 s 4; 2006 c 208 s 1; 2005 c 243 s 8.]
Notes:
Notice to registered poll voters—Elections by mail—2011 c 10: See note following RCW 29A.04.008.

catchline: Unsigned ballot declarations.


title: RCW 29A.60.166

text:
(1) The secretary of state shall:
(a) Adopt and regularly review statewide standards for determining whether the voter's signature on the ballot declaration is the same as the signature of that voter in the county's registration files as required by RCW 29A.40.110(3);
(b) Adopt, publish, and regularly update a training manual, reviewed by appropriate experts, for the use of local election personnel in implementing the standards adopted under (a) of this subsection; and
(c) Design and implement tools intended to confirm compliance with these standards. These tools shall be available to county auditors for compliance, and may include comparisons, at random intervals, of whether rejections of signatures on ballot declarations for failure to match the voter's signature in the county's registration files comply with the standards adopted under (a) of this subsection.
(2) All training materials for canvassing review board members and election personnel on the statewide standards for signature verification established in this section must be open to the public for observation.
[ 2024 c 269 s 3.]

catchline: Voter signature verification—Standards.


title: RCW 29A.60.167

text:
The secretary of state shall design forms for voters to use in completing incomplete ballot declarations and forms to be used by voters in updating a voter's signature in the county's registration files in the various languages required of state agencies. The forms must include the oath and warning language used on voter registration forms. Each county auditor shall provide these forms on the auditor's website and in the auditor's office.
[ 2024 c 269 s 4.]

catchline: Voter signature verification—Forms.