title: RCW 29A.60.168

text:
(1) Each county auditor shall develop a community outreach plan to educate voters about signature verification requirements and the importance of ballot signatures matching signatures in voter registration files. The outreach plan shall include materials for publication on the county auditor's website and distribution in communities throughout the county that clearly explain signature verification requirements and the process of updating signatures in voter registration files or curing challenged ballots under RCW 29A.60.165. Materials prepared under the outreach plan should be written clearly and in plain language. Materials must be produced in English, Spanish, and any other language required by the federal voting rights act. Materials prepared as part of the outreach plan should be informed by the data collected in the survey required by RCW 29A.60.300 and should target groups with higher rates of ballot rejection. The secretary of state may assist in preparation of materials for a county's outreach plan, including coordinating between multiple counties and providing information about statewide requirements.
(2) County auditors are encouraged to establish partnerships with trusted community organizations as part of the community outreach plan to maximize resources.
[ 2024 c 269 s 5.]

catchline: Voter signature verification—Community outreach plan.


doc_type: statute

jurisdiction: wa

title: RCW 29A.60.170

text:
(1) At least twenty-eight days prior to any special election, general election, or primary, the county auditor shall request from the chair of the county central committee of each major political party a list of individuals who are willing to serve as observers. The county auditor has discretion to also request observers from any campaign or organization. The county auditor may delete from the lists names of those persons who indicate to the county auditor that they cannot or do not wish to serve as observers, and names of those persons who, in the judgment of the county auditor, lack the ability to properly serve as observers after training has been made available to them by the auditor.
(2) The counting center is under the direction of the county auditor and must be open to observation by one representative from each major political party, if representatives have been appointed by the respective major political parties and these representatives are present while the counting center is operating. The proceedings must be open to the public, but no persons except those employed and authorized by the county auditor may touch any ballot or ballot container or operate a vote tallying system.
(3) A random check of the ballot counting equipment must be conducted upon mutual agreement of the political party observers or at the discretion of the county auditor. The random check procedures must be adopted by the county canvassing board, and consistent with rules adopted under RCW 29A.60.185(4), prior to the processing of ballots. The random check process shall involve a comparison of a manual count or electronic count if an audit under RCW 29A.60.185(1)(d) is conducted to the machine count from the original ballot counting equipment and may involve up to either three precincts or six batches depending on the ballot counting procedures in place in the county. The random check will be limited to one office or issue on the ballots in the precincts or batches that are selected for the check. The selection of the precincts or batches to be checked must be selected according to procedures established by the county canvassing board. The random check procedures must include a process, consistent with RCW 29A.60.185(3) and rules adopted under RCW 29A.60.185(4), for expanding the audit to include additional ballots when a random check conducted under this section results in a discrepancy. The procedure must specify under what circumstances a discrepancy will lead to an audit of additional ballots and the method to determine how many additional ballots will be selected. Procedures adopted under RCW 29A.60.185 pertaining to investigations of any discrepancy found during an audit must be followed. The check must be completed no later than forty-eight hours after election day.
(4)(a) By November 1, 2018, the secretary of state shall:
(i) For each county, survey all random check procedures adopted by the county canvassing board under subsection (3) of this section; and
(ii) Evaluate the procedures to identify the best practices and any discrepancies.
(b) By December 15, 2018, the secretary of state shall submit a report, in compliance with RCW 43.01.036, to the appropriate committees of the legislature that provides recommendations, based on the evaluation performed under (a) of this subsection, for adopting best practices and uniform procedures.
[ 2018 c 218 s 3; 2011 c 10 s 55; 2007 c 373 s 3; 2003 c 111 s 1517; 1999 c 158 s 9; 1990 c 59 s 30; 1977 ex.s. c 361 s 71. Formerly RCW 29.54.025, 29.34.153.]
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.
Effective date—Severability—1977 ex.s. c 361: See notes following RCW 29A.16.040.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: List of observers—Counting center, direction and observation of proceedings—Random check of counting equipment—Report.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 29A.60.180

text:
Each registered voter casting a valid ballot will be credited with voting on his or her voter registration record.
[ 2011 c 10 s 56; 2003 c 111 s 1518. Prior: 2001 c 241 s 12; 1988 c 181 s 3; 1987 c 346 s 16; 1983 c 136 s 1; 1965 c 9 s 29.36.075; prior: 1961 c 78 s 1. Formerly RCW 29.36.330, 29.36.075.]
Notes:
Notice to registered poll voters—Elections by mail—2011 c 10: See note following RCW 29A.04.008.
Legislative intent—Effective date—1987 c 346: See notes following RCW 29A.40.010.

catchline: Credit for voting.


title: RCW 29A.60.185

text:
(1) Prior to certification of the election as required by RCW 29A.60.190, the county auditor shall conduct an audit of duplicated ballots in accordance with subsection (2) of this section, and an audit using at minimum one of the following methods:
(a) An audit of results of votes cast on the direct recording electronic voting devices, or other in-person ballot marking systems, used in the county if there are races or issues with more than ten votes cast on all direct recording electronic voting devices or other in-person ballot marking systems in the county. This audit must be conducted by randomly selecting by lot up to four percent of the direct recording electronic voting devices or other in-person ballot marking systems, or one direct recording electronic voting device or other in-person ballot marking system, whichever is greater, and, for each device or system, comparing the results recorded electronically with the results recorded on paper. For purposes of this audit, the results recorded on paper must be tabulated as follows: On one-fourth of the devices or systems selected for audit, the paper records must be tabulated manually; on the remaining devices or systems, the paper records may be tabulated by a mechanical device determined by the secretary of state to be capable of accurately reading the votes cast and printed thereon and qualified for use in the state under applicable state and federal laws. Three races or issues, randomly selected by lot, must be audited on each device or system. This audit procedure must be subject to observation by political party representatives if representatives have been appointed and are present at the time of the audit. As used in this subsection, "in-person ballot marking system" or "system" means an in-person ballot marking system that retains or produces an electronic voting record of each vote cast using the system;
(b) A random check of the ballot counting equipment consistent with RCW 29A.60.170(3);
(c) A risk-limiting audit. A "risk-limiting audit" means an audit protocol that makes use of statistical principles and methods and is designed to limit the risk of certifying an incorrect election outcome. The secretary of state shall:
(i) Set the risk limit. A "risk limit" means the largest statistical probability that an incorrect reported tabulation outcome is not detected in a risk-limiting audit;
(ii) Randomly select for audit at least one statewide contest, and for each county at least one ballot contest other than the selected statewide contest. The county auditor shall randomly select a ballot contest for audit if in any particular election there is no statewide contest; and
(iii) Establish procedures for implementation of risk-limiting audits, including random selection of the audit sample, determination of audit size, and procedures for a comparison risk-limiting audit and ballot polling risk-limiting audit as defined in (c)(iii)(A) and (B) of this subsection.
(A) In a comparison risk-limiting audit, the county auditor compares the voter markings on randomly selected ballots to the ballot-level cast vote record produced by the ballot counting equipment.
(B) In a ballot polling risk-limiting audit, the county auditor of a county using ballot counting equipment that does not produce ballot-level cast vote records reports the voter markings on randomly selected ballots until the prespecified risk limit is met; or
(d) An independent electronic audit of the original ballot counting equipment used in the county. The county auditor may either conduct an audit of all ballots cast, or limit the audit to three precincts or six batches pursuant to procedures adopted under RCW 29A.60.170(3). This audit must be conducted using an independent electronic audit system that is, at minimum:
(i) Approved by the secretary of state;
(ii) Completely independent from all voting systems, including ballot counting equipment, that is used in the county;
(iii) Distributed or manufactured by a vendor different from the vendor that distributed or manufactured the original ballot counting equipment; and
(iv) Capable of demonstrating that it can verify and confirm the accuracy of the original ballot counting equipment's reported results.
(2) Prior to certification of the election, the county auditor must conduct an audit of ballots duplicated under RCW 29A.60.125. The audit of duplicated ballots must involve a comparison of the duplicated ballot to the original ballot. The county canvassing board must establish procedures for the auditing of duplicated ballots.
(3) For each audit method, the secretary of state must adopt procedures for expanding the audit to include additional ballots when an audit results in a discrepancy. The procedure must specify under what circumstances a discrepancy will lead to an audit of additional ballots, and the method to determine how many additional ballots will be selected. The secretary of state shall adopt procedures to investigate the cause of any discrepancy found during an audit.
(4) The secretary of state must establish rules by January 1, 2019, to implement and administer the auditing methods in this section, including facilitating public observation and reporting requirements.
[ 2018 c 218 s 2; 2005 c 242 s 5.]
Notes:
Intent—2018 c 218: "It is the intent of the legislature to ensure our elections have the utmost confidence of the citizens of the state. In order to ensure the integrity of the elections in Washington, the legislature wants to maximize the security benefits of having locally run, decentralized counting systems in our state, based in thirty-nine different counties. The legislature wants to maximize this locally run benefit by adding options to the auditing process for local elections administrators. Multiple jurisdictions, with multiple options for ensuring election outcomes will increase the transparency, integrity, and trust of our elections process." [ 2018 c 218 s 1.]

catchline: Audit of results.


title: RCW 29A.60.190

text:
Ten days after a special election held in February or April, ten days after a presidential primary held pursuant to chapter 29A.56 RCW, fourteen days after a primary, or twenty-one days after a general election, the county canvassing board shall complete the canvass and certify the results. Each ballot that was returned before 8:00 p.m. on the day of the special election, general election, primary, or presidential primary, and each ballot bearing a postmark on or before the date of the special election, general election, primary, or presidential primary and received no later than the day before certification, must be included in the canvass report.
[ 2019 c 7 s 5; 2015 c 146 s 4. Prior: 2011 c 349 s 21; (2011 c 349 s 20 expired July 1, 2013); 2011 c 10 s 58; (2011 c 10 s 57 expired July 1, 2013); 2006 c 344 s 17; (2006 c 344 s 16 expired July 1, 2013); prior: 2005 c 243 s 16; (2005 c 153 s 12 expired July 1, 2013); 2004 c 266 s 18; 2003 c 111 s 1519.]
Notes:
Effective date—2011 c 349 s 21: "Section 21 of this act takes effect July 1, 2013." [ 2011 c 349 s 31.]
Expiration date—2011 c 349 s 20: "Section 20 of this act expires July 1, 2013." [ 2011 c 349 s 32.]
Effective date—2011 c 349: See note following RCW 29A.04.255.
Effective date—2011 c 10 ss 53 and 58: See note following RCW 29A.60.160.
Expiration date—2011 c 10 ss 52 and 57: See note following RCW 29A.60.160.
Notice to registered poll voters—Elections by mail—2011 c 10: See note following RCW 29A.04.008.
Effective date—2006 c 344 s 17: "Section 17 of this act takes effect July 1, 2013." [ 2006 c 344 s 43.]
Expiration date—2006 c 344 s 16: "Section 16 of this act expires July 1, 2013." [ 2006 c 344 s 42.]
Effective date—2006 c 344 ss 1-16 and 18-40: See note following RCW 29A.04.311.
Expiration date—2005 c 153 ss 11 and 12: See note following RCW 29A.60.160.
Effective date—2004 c 266: See note following RCW 29A.04.575.

catchline: Certification of election results.


title: RCW 29A.60.195

text:
Before certification of the primary or election, the county auditor must examine and investigate all received provisional ballots to determine whether the ballot can be counted. The auditor shall provide the disposition of the provisional ballot and, if the ballot was not counted, the reason why it was not counted, on a free access system such as a toll-free telephone number, website, mail, or other means. The auditor must notify the voter in accordance with RCW 29A.60.165 when the declaration is unsigned or when the signatures do not match.
[ 2011 c 10 s 59; 2005 c 243 s 9.]
Notes:
Notice to registered poll voters—Elections by mail—2011 c 10: See note following RCW 29A.04.008.

catchline: Provisional ballots—Disposition.


title: RCW 29A.60.200

text:
(1) Before canvassing the returns of a primary or election, the chair of the county legislative authority or the chair's designee shall administer an oath to the county auditor or the auditor's designee attesting to the authenticity of the information presented to the canvassing board. This oath must be signed by the county auditor or designee and filed with the returns of the primary or election.
(2) The county canvassing board shall proceed to verify the results from the ballots received. The board shall execute a certificate of the results of the primary or election signed by all members of the board or their designees. Failure to certify the returns, if they can be ascertained with reasonable certainty, is a crime under RCW 29A.84.720.
(3) If the county canvassing board refuses to certify the results of the election without cause, the secretary of state may examine the records, ballots, and results of the election and certify the results of the election. This must be completed within two business days after the certification deadline in RCW 29A.60.190 after the refusal of the county canvassing board to certify the results of the election.
[ 2024 c 28 s 5; 2011 c 10 s 60; 2003 c 111 s 1520; 1990 c 59 s 63; 1965 c 9 s 29.62.040. Prior: 1957 c 195 s 17; prior: (i) 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. (ii) 1893 c 112 s 2; RRS s 5342. (iii) 1903 c 85 s 1, part; Code 1881 s 3094, part; 1865 p 38 s 4, part; RRS s 5339, part. Formerly RCW 29.62.040.]
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.

catchline: Canvassing procedure—Refusal to certify—Penalty.


title: RCW 29A.60.210

text:
Whenever the canvassing board finds during the initial counting process, or during any subsequent recount thereof, that there is an apparent discrepancy or an inconsistency in the returns of a primary or election, or that election staff has made an error regarding the treatment or disposition of a ballot, the board may recanvass the ballots or voting devices in any precincts of the county. The canvassing board shall conduct any necessary recanvass activity on or before the last day to certify or recertify the results of the primary, election, or subsequent recount and correct any error and document the correction of any error that it finds.
[ 2005 c 243 s 17; 2003 c 111 s 1521; 1990 c 59 s 64; 1965 c 9 s 29.62.050. Prior: 1951 c 193 s 1; 1917 c 7 s 1, part; 1913 c 58 s 15, part; RRS s 5315, part. Formerly RCW 29.62.050.]
Notes:
Intent—Effective date—1990 c 59: See notes following RCW 29A.04.013.
Voting systems: Chapter 29A.12 RCW.

catchline: Recanvass—Generally.


title: RCW 29A.60.221

text:
(1) If the requisite number of any federal, state, county, city, or district offices have not been nominated in a primary by reason of two or more persons having an equal and requisite number of votes for being placed on the general election ballot, the official empowered by state law to certify candidates for the general election ballot shall give notice to the several persons so having the equal and requisite number of votes to attend at the appropriate office at the time designated by that official, who shall then and there proceed publicly to decide by lot which of those persons will be declared nominated and placed on the general election ballot.
(2) If the requisite number of any federal, state, county, city, district, or precinct officers have not been elected by reason of two or more persons having an equal and highest number of votes for one and the same office, the official empowered by state law to issue the original certificate of election shall give notice to the several persons so having the highest and equal number of votes to attend at the appropriate office at the time to be appointed by that official, who shall then and there proceed publicly to decide by lot which of those persons will be declared duly elected, and the official shall make out and deliver to the person thus duly declared elected a certificate of election.
[ 2004 c 271 s 176.]
Notes:
Tie vote for executive branch officer: State Constitution Art. III s 4.

catchline: Tie in primary or final election.


title: RCW 29A.60.230

text:
Immediately after the official results of a state primary or general election in a county are ascertained, the county auditor or other election officer shall make an abstract of the number of registered voters in each precinct and of all the votes cast in the county at such state primary or general election for and against state measures and for each candidate for federal, state, and legislative office or for any other office which the secretary of state is required by law to canvass. The cumulative report of the election and a copy of the certificate of the election must be transmitted to the secretary of state immediately. The county auditor or other election official may aggregate results from more than one precinct if the auditor, pursuant to rules adopted by the secretary of state, finds that reporting a single precinct's ballot results would jeopardize the secrecy of a person's ballot. To the extent practicable, precincts for which results are aggregated must be contiguous.
[ 2011 c 10 s 61; 2003 c 111 s 1523; 2001 c 225 s 2; 1999 c 298 s 21; 1990 c 262 s 1; 1977 ex.s. c 361 s 96; 1965 c 9 s 29.62.090. Prior: (i) 1895 c 156 s 12; Code 1881 s 3101; 1865 p 40 s 12; RRS s 5346. (ii) Code 1881 s 3103; 1865 p 41 s 14; RRS s 5348. Formerly RCW 29.62.090.]
Notes:
Notice to registered poll voters—Elections by mail—2011 c 10: See note following RCW 29A.04.008.
Effective date—Severability—1977 ex.s. c 361: See notes following RCW 29A.16.040.

catchline: Abstract by election officer—Transmittal to secretary of state.


title: RCW 29A.60.235

text:
(1) The county auditor shall prepare at the time of certification an election reconciliation report that discloses the following information:
(a) The number of registered voters;
(b) The number of ballots issued;
(c) The number of ballots received;
(d) The number of ballots counted;
(e) The number of ballots rejected;
(f) The number of provisional ballots issued;
(g) The number of provisional ballots received;
(h) The number of provisional ballots counted;
(i) The number of provisional ballots rejected;
(j) The number of federal write-in ballots received;
(k) The number of federal write-in ballots counted;
(l) The number of federal write-in ballots rejected;
(m) The number of overseas and service ballots issued by mail, email, website link, or facsimile;
(n) The number of overseas and service ballots received by mail, email, or facsimile;
(o) The number of overseas and service ballots counted by mail, email, or facsimile;
(p) The number of overseas and service ballots rejected by mail, email, or facsimile;
(q) The number of nonoverseas and nonservice ballots sent by email, website link, or facsimile;
(r) The number of nonoverseas and nonservice ballots received by email or facsimile;
(s) The number of nonoverseas and nonservice ballots that were rejected for:
(i) Failing to send an original or hard copy of the ballot by the certification deadline; or
(ii) Any other reason, including the reason for rejection;
(t) The number of voters credited with voting;
(u) The number of replacement ballots requested;
(v) The number of replacement ballots issued;
(w) The number of replacement ballots received;
(x) The number of replacement ballots counted;
(y) The number of replacement ballots rejected; and
(z) Any other information the auditor or secretary of state deems necessary to reconcile the number of ballots counted with the number of voters credited with voting, and to maintain an audit trail.
(2) The county auditor must make the report available to the public at the auditor's office and must publish the report on the auditor's website at the time of certification. The county auditor must submit the report to the secretary of state at the time of certification in any form determined by the secretary of state.
(3)(a) The secretary of state must collect the reconciliation reports from each county auditor and prepare a statewide reconciliation report for each state primary and general election. The report may be produced in a form determined by the secretary that includes the information as described in this subsection (3). The report must be prepared and published on the secretary of state's website within two months after the last county's election results have been certified.
(b) The state report must include a comparison among counties on rates of votes received, counted, and rejected, including provisional, write-in, overseas ballots, and ballots transmitted electronically. The comparison information may be in the form of rankings, percentages, or other relevant quantifiable data that can be used to measure performance and trends.
(c) The state report must also include an analysis of the data that can be used to develop a better understanding of election administration and policy. The analysis must combine data, as available, over multiple years to provide broader comparisons and trends regarding voter registration and turnout and ballot counting. The analysis must incorporate national election statistics to the extent such information is available.
[ 2018 c 218 s 9; 2017 c 300 s 1; 2011 c 10 s 62; 2009 c 369 s 41; 2005 c 243 s 11.]
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.

catchline: Reconciliation reports.


title: RCW 29A.60.240

text:
The secretary of state shall, as soon as possible but in any event not later than seventeen days following the primary, canvass and certify the returns of all primary elections as to candidates for statewide offices, United States senators and representatives in Congress, and all legislative and judicial candidates whose district extends beyond the limits of a single county.
[ 2013 c 11 s 64; 2011 c 349 s 22; 2003 c 111 s 1524; 1977 ex.s. c 361 s 97; 1965 c 9 s 29.62.100. Prior: 1961 c 130 s 11; prior: 1907 c 209 s 24, part; RRS s 5201, part. Formerly RCW 29.62.100.]
Notes:
Effective date—2011 c 349: See note following RCW 29A.04.255.
Effective date—Severability—1977 ex.s. c 361: See notes following RCW 29A.16.040.

catchline: Secretary of state—Primary returns—State offices, etc.


title: RCW 29A.60.250

text:
As soon as the returns have been received from all the counties of the state, but not later than the thirtieth day after the election, the secretary of state shall canvass and certify the returns of the general election as to candidates for statewide offices, the United States senate, congress, and all legislative and judicial candidates whose districts extend beyond the limits of a single county. The secretary of state shall transmit a copy of the certification to the governor, president of the senate, and speaker of the house of representatives.
[ 2013 c 11 s 65; 2005 c 243 s 18; 2003 c 111 s 1525; 1965 c 9 s 29.62.120. Prior: Code 1881 s 3100, part; No RRS. Formerly RCW 29.62.120.]

catchline: Secretary of state—Final returns—Scope.


title: RCW 29A.60.260

text:
The votes on proposed amendments to the state Constitution, recommendations for the calling of constitutional conventions and other questions submitted to the people must be counted, canvassed, and returned by each county canvassing board in the manner provided by law for counting, canvassing, and returning votes for candidates for state offices. The secretary of state shall, in the presence of the governor, within thirty days after the election, canvass the votes upon each question and certify to the governor the result. The governor shall forthwith issue a proclamation giving the whole number of votes cast in the state for and against such measure and declaring the result. If the vote cast upon an initiative or referendum measure is equal to less than one-third of the total vote cast at the election, the governor shall proclaim the measure to have failed.
[ 2003 c 111 s 1526; 1965 c 9 s 29.62.130. Prior: (i) 1913 c 138 s 30; RRS s 5426. (ii) 1917 c 23 s 1; RRS s 5341. Formerly RCW 29.62.130.]

catchline: Canvass on statewide measures.


title: RCW 29A.60.270

text:
The term of every city, town, and district officer elected to office on the first Tuesday following the first Monday in November of the odd-numbered years begins in accordance with *RCW 29A.20.040. However, a person elected to less than a full term shall assume office as soon as the election returns have been certified and he or she is qualified in accordance with RCW 29A.04.133.
Each board of directors of every district shall be organized at the first meeting held after one or more newly elected directors take office.
[ 2003 c 111 s 503; 1979 ex.s. c 126 s 14; 1965 c 123 s 6; 1965 c 9 s 29.13.050. Prior: 1963 c 200 s 8; 1959 c 86 s 1; prior: 1951 c 257 s 6. (i) 1949 c 161 s 9; Rem. Supp. 1949 s 5146-1. (ii) 1949 c 163 s 1; 1921 c 61 s 4; Rem. Supp. 1949 s 5146. Formerly RCW 29A.20.030, 29.13.050.]
Notes:
*Reviser's note: RCW 29A.20.040 was recodified as RCW 29A.60.280 pursuant to 2013 c 11 s 93.
Purpose—1979 ex.s. c 126: See RCW 29A.60.280(1).

catchline: Local officers, beginning of terms—Organization of district boards of directors.


title: RCW 29A.60.280

text:
(1) The legislature finds that certain laws are in conflict governing the assumption of office of various local officials. The purpose of this section is to provide a common date for the assumption of office for all the elected officials of counties, cities, towns, and special purpose districts other than school districts where the ownership of property is not a prerequisite of voting. A person elected to the office of school director begins his or her term of office at the first official meeting of the board of directors after certification of the election results. It is also the purpose of this section to remove these conflicts and delete old statutory language concerning such elections which is no longer necessary.
(2) For elective offices of counties, cities, towns, and special purpose districts other than school districts where the ownership of property is not a prerequisite of voting, the term of incumbents ends and the term of successors begins after the successor is elected and qualified, and the term commences immediately after December 31st following the election, except as follows:
(a) Where the term of office varies from this standard according to statute; and
(b) If the election results have not been certified prior to January 1st after the election, in which event the time of commencement for the new term occurs when the successor becomes qualified in accordance with RCW 29A.04.133.
(3) For elective offices governed by this section, the oath of office must be taken as the last step of qualification as defined in RCW 29A.04.133 and may be taken between the date of the final certification of the election and the day before the term of office begins.
[ 2025 c 307 s 1; 2003 c 111 s 504; 1999 c 298 s 3; 1980 c 35 s 7; 1979 ex.s. c 126 s 1. Formerly RCW 29A.20.040, 29.04.170.]
Notes:
Severability—1980 c 35: See note following RCW 28A.343.300.

catchline: Local elected officials, commencement of term of office—Purpose.


title: RCW 29A.60.300

text:
Every odd-numbered year, the secretary of state must conduct and publish a statewide survey of voted ballot rejection rates and the reasons for those rejections by county auditors and canvassing boards. The secretary of state must collect data from reconciliation reports and county auditors in order to compare county and statewide averages for rates of rejected ballots and reasons for those ballots being rejected. The data collected must include rejection rates and reasons for rejection of voted ballots for all elections. The survey must include an analysis of current practices by county auditors and canvassing boards in the acceptance and rejection of ballots, and include recommendations for improvements that minimize rejections in those practices, with a goal of statewide standardization where applicable. The results must also be analyzed and compared with available national data and recognized best practices. The secretary of state's recommendations and reports must be made available to the public.
[ 2016 c 134 s 3.]

catchline: Statewide survey of voted ballot rejection rates and reasons for rejections—Secretary of state to conduct and publish.


title: RCW 29A.60.800

text:
(1) A work group is established to approve a uniform ballot envelope design to be used by all counties in each election beginning with the 2026 primary election.
(2) The work group must be chaired by the secretary of state, or the secretary's designee, and include at a minimum the following members, appointed by the secretary of state:
(a) Two county auditors or their designees, with one auditor residing in western Washington and one auditor residing in eastern Washington;
(b) A representative from the University of Washington Evans school of public policy and governance;
(c) A representative from a nonprofit educational research organization with expertise in designing voting materials; and
(d) Other recognized experts and staff as deemed necessary by the work group's chair.
(3) This section expires January 1, 2027.
[ 2024 c 269 s 12.]

catchline: Uniform ballot envelope design work group. (Expires January 1, 2027.)


title: RCW 29A.64.011

text:
An officer of a political party or any person for whom votes were cast in a primary who did not qualify for the general election may file a written application for a recount of the votes or a portion of the votes cast at that primary for all persons for whom votes were cast for that office.
An officer of a political party or any person for whom votes were cast at any election may file a written application for a recount of the votes or a portion of the votes cast at that election for all candidates for election to that office.
Any group of five or more registered voters may file a written application for a recount of the votes or a portion of the votes cast upon any question or issue. They shall designate one of the members of the group as chair and shall indicate the voting residence of each member of the group.
An application for a recount of the votes cast for an office or on a ballot measure must be filed with the officer with whom filings are made for the jurisdiction.
An application for a recount must specify whether the recount will be done manually or by the vote tally system. A recount done by the vote tally system must use programming that recounts and reports only the office or ballot measure in question. The county shall also provide for a test of the logic and accuracy of that program.
An application for a recount must be filed within two business days after the county canvassing board or secretary of state has declared the official results of the primary or election for the office or issue for which the recount is requested.
This chapter applies to the recounting of votes cast by paper ballots and to the recounting of votes recorded on ballots counted by a vote tally system.
[ 2011 c 349 s 23; 2004 c 271 s 177.]
Notes:
Effective date—2011 c 349: See note following RCW 29A.04.255.


title: RCW 29A.64.021

text:
(1) If the official canvass of all of the returns for any office at any primary or election reveals that the difference in the number of votes cast for a candidate apparently qualified for the general election ballot or elected to any office, and the number of votes cast for the closest apparently defeated opponent is less than two thousand votes and also less than one-half of one percent of the total number of votes cast for both candidates, the county canvassing board shall conduct a recount of all votes cast on that position.
(a) Whenever such a difference occurs in the number of votes cast for candidates for a position the declaration of candidacy for which was filed with the secretary of state, the secretary of state shall, within three business days of the day that the returns of the primary or election are first certified by the canvassing boards of those counties, direct those boards to recount all votes cast on the position.
(b)(i) For statewide elections, if the difference in the number of votes cast for the apparent winner and the closest apparently defeated opponent is less than one thousand votes and also less than one-fourth of one percent of the total number of votes cast for both candidates, the votes shall be recounted manually or as provided in subsection (3) of this section.
(ii) For elections not included in (b)(i) of this subsection, if the difference in the number of votes cast for the apparent winner and the closest apparently defeated opponent is less than one hundred fifty votes and also less than one-fourth of one percent of the total number of votes cast for both candidates, the votes shall be recounted manually or as provided in subsection (3) of this section.
(2) A mandatory recount shall be conducted in the manner provided by RCW 29A.64.030, 29A.64.041, and 29A.64.061. No cost of a mandatory recount may be charged to any candidate.
(3) The apparent winner and closest apparently defeated opponent for an office for which a manual recount is required under subsection (1)(b) of this section may select an alternative method of conducting the recount. To select such an alternative, the two candidates shall agree to the alternative in a signed, written statement filed with the election official for the office. The recount shall be conducted using the alternative method if: It is suited to the balloting system that was used for casting the votes for the office; it involves the use of a vote tallying system that is approved for use in this state by the secretary of state; and the vote tallying system is readily available in each county required to conduct the recount. If more than one balloting system was used in casting votes for the office, an alternative to a manual recount may be selected for each system.
[ 2013 c 11 s 66; 2005 c 243 s 19; 2004 c 271 s 178.]

catchline: Mandatory.


title: RCW 29A.64.030

text:
An application for a recount shall state the office or ballot measure for which a recount is requested, and whether the request is for all precincts or only a portion of the precincts in that jurisdiction. The person filing an application for a manual recount shall, at the same time, deposit with the county canvassing board or secretary of state, in cash or by certified check, a sum equal to twenty-five cents for each ballot cast in the jurisdiction or portion of the jurisdiction for which the recount is requested as security for the payment of any costs of conducting the recount. If the application is for a machine recount, the deposit must be equal to fifteen cents for each ballot. These charges shall be determined by the county canvassing board or boards under RCW 29A.64.081.
The county canvassing board shall determine the date, time, and place or places at which the recount will be conducted. Not less than one day before the date of the recount, the county auditor shall notify the applicant or affected parties and, if the recount involves an office, to any person for whom votes were cast for that office of the date, time, and place of the recount. Each person entitled to receive notice of the recount may attend, witness the recount, and be accompanied by counsel.
Proceedings of the canvassing board are public under chapter 42.30 RCW. Subject to reasonable and equitable guidelines adopted by the canvassing board, all interested persons may attend and witness a recount.
[ 2013 c 11 s 67; 2011 c 349 s 24; 2005 c 243 s 20; 2003 c 111 s 1603. Prior: 2001 c 225 s 5; 1991 c 81 s 36; 1987 c 54 s 5; 1977 ex.s. c 361 s 99; 1965 c 9 s 29.64.020; prior: 1961 c 50 s 2; 1955 c 215 s 2. Formerly RCW 29.64.020.]
Notes:
Effective date—2011 c 349: See note following RCW 29A.04.255.
Effective date—1991 c 81: See note following RCW 29A.84.540.
Effective date—Severability—1977 ex.s. c 361: See notes following RCW 29A.16.040.

catchline: Deposit of fees—Notice—Public proceeding.


title: RCW 29A.64.041

text:
(1) At the time and place established for a recount, the canvassing board or its duly authorized representatives, in the presence of all witnesses who may be in attendance, shall open the sealed containers containing the ballots to be recounted, and shall recount the votes for the offices or issues for which the recount has been ordered. Ballots shall be handled only by the members of the canvassing board or their duly authorized representatives.
The canvassing board shall not permit the tabulation of votes for any nomination, election, or issue other than the ones for which a recount was applied for or required.
(2) At any time before the ballots from all of the precincts listed in the application for the recount have been recounted, the applicant may file with the board a written request to stop the recount.
(3) The recount may be observed by persons representing the candidates affected by the recount or the persons representing both sides of an issue that is being recounted. Witnesses shall be permitted to observe the ballots and the process of tabulating the votes, but they shall not be permitted to handle the ballots. The observers may not make a record of the names, addresses, or other information on the ballots, declarations, or lists of voters unless authorized by the superior court. The secretary of state or county auditor may limit the number of observers to not less than two on each side if, in his or her opinion, a greater number would cause undue delay or disruption of the recount process.
[ 2011 c 10 s 63; 2004 c 271 s 179.]
Notes:
Notice to registered poll voters—Elections by mail—2011 c 10: See note following RCW 29A.04.008.

catchline: Procedure—Request to stop—Observers.


title: RCW 29A.64.050

text:
When a partial recount of votes cast for an office or issue changes the result of the election, the canvassing board or the secretary of state, if the office or issue is being recounted at his or her direction, shall order a complete recount of all ballots cast for the office or issue for the jurisdiction in question.
This recount will be conducted in a manner consistent with RCW 29A.64.021.
[ 2013 c 11 s 68; 2003 c 111 s 1605. Prior: 2001 c 225 s 7. Formerly RCW 29.64.035.]

catchline: Partial recount requiring complete recount.


title: RCW 29A.64.061

text:
(1) Upon completion of the canvass of a recount, the canvassing board shall prepare and certify an amended abstract showing the votes cast in each precinct for which the recount was conducted. Copies of the amended abstracts must be transmitted to the same officers who received the abstract on which the recount was based.
(2) If the office or issue for which the recount was conducted was filed with the county auditor, the canvassing board shall file the amended abstract with the original results of that election or primary.
(3) If the office or issue for which a recount was conducted was filed with the secretary of state, the secretary of state shall canvass the amended abstracts and shall file an amended abstract with the original results of that election. The secretary of state may require that the amended abstracts be certified by each canvassing board on a uniform date.
(4) An amended abstract certified under this section supersedes any prior abstract of the results for the same offices or issues at the same primary or election.
[ 2013 c 11 s 69; 2005 c 243 s 21; 2004 c 271 s 180.]

catchline: Amended abstracts.


title: RCW 29A.64.070

text:
After the original count, canvass, and certification of results, the votes cast in any single precinct may not be recounted and the results recertified more than twice.
[ 2003 c 111 s 1607. Prior: 2001 c 225 s 9; 1991 c 90 s 3. Formerly RCW 29.64.051.]
Notes:
Finding, purpose—1991 c 90: "The legislature finds that it is in the public interest to determine the winner of close contests for elective offices as expeditiously and as accurately as possible. It is the purpose of this act to provide procedures which promote the prompt and accurate recounting of votes for elective offices and which provide closure to the recount process." [ 1991 c 90 s 1.]

catchline: Limitation.


title: RCW 29A.64.081

text:
The canvassing board shall determine the expenses for conducting a recount of votes.
(1) For a recount conducted under RCW 29A.64.011, the cost of the recount shall be deducted from the amount deposited by the applicant for the recount at the time of filing the request for the recount, and the balance shall be returned to the applicant. If the costs of the recount exceed the deposit, the applicant shall pay the difference. No charges may be deducted by the canvassing board from the deposit for a recount if the recount changes the result of the nomination or election for which the recount was ordered.
(2) For a recount conducted under RCW 29A.64.021, for an office where the candidates filed the declarations of candidacy with the secretary of state, any legislative office, and any congressional office, the county auditor shall file an expense claim for such costs with the secretary of state. The secretary of state shall include a budget request to the legislature during the next legislative session for sufficient funds for reimbursement of all costs of the recount and shall pay all properly executed and documented vouchers to the counties within thirty days of allotment of specifically appropriated funds for this purpose. The secretary of state shall promptly notify any county that submits an incomplete or inaccurate voucher for reimbursement under this section.
(3) State and federal offices are to be considered one entity for purposes of election cost proration and reimbursement.
[ 2020 c 337 s 5; 2004 c 271 s 181.]
Notes:
Effective date—2020 c 337: See note following RCW 29A.04.410.


title: RCW 29A.64.090

text:
When the official canvass of returns of any election reveals that the difference in the number of votes cast for the approval of a statewide measure and the number of votes cast for the rejection of such measure is less than two thousand votes and also less than one-half of one percent of the total number of votes cast on such measure, the secretary of state shall direct that a recount of all votes cast on such measure be made on such measure, in the manner provided by RCW 29A.64.041 and 29A.64.061, and the cost of such recount will be at state expense.
[ 2023 c 109 s 3; 2016 c 204 s 1; 2013 c 11 s 70; 2003 c 111 s 1609. Prior: 2001 c 225 s 11; 1973 c 82 s 1. Formerly RCW 29.64.080.]
Notes:
Findings—2023 c 109: See note following RCW 29A.32.070.

catchline: Statewide measures—When mandatory—Cost at state expense.


title: RCW 29A.64.100

text:
Each county auditor shall file with the secretary of state a statement listing only the additional expenses incurred whenever a mandatory recount of the votes cast on a state measure is made as provided in RCW 29A.64.090. The secretary of state shall include in his or her biennial budget request a provision for sufficient funds to carry out the provisions of this section. Payments hereunder shall be from appropriations specifically provided for such purpose by law.
[ 2003 c 111 s 1610; 1977 ex.s. c 144 s 5; 1973 c 82 s 2. Formerly RCW 29.64.090.]

catchline: Statewide measures—Funds for additional expenses.


title: RCW 29A.68.011

text:
Any justice of the supreme court, judge of the court of appeals, or judge of the superior court in the proper county shall, by order, require any person charged with error, wrongful act, or neglect to forthwith correct the error, desist from the wrongful act, or perform the duty and to do as the court orders or to show cause forthwith why the error should not be corrected, the wrongful act desisted from, or the duty or order not performed, whenever it is made to appear to such justice or judge by affidavit of an elector that:
(1) An error or omission has occurred or is about to occur in printing the name of any candidate on official ballots; or
(2) An error other than as provided in subsections (1) and (3) of this section has been committed or is about to be committed in printing the ballots; or
(3) The name of any person has been or is about to be wrongfully placed upon the ballots.
An affidavit of an elector under this section when relating to a primary election must be filed with the appropriate court no later than two days following the closing of the filing period for such office and shall be heard and finally disposed of by the court not later than five days after the filing thereof. An affidavit of an elector under this section when relating to a general election must be filed with the appropriate court no later than three days following the official certification of the primary election returns, or official certification of candidates qualified to appear on the general election ballot, whichever is later, and shall be heard and finally disposed of by the court not later than five days after the filing thereof.
[ 2016 c 130 s 1; 2013 c 11 s 71; 2011 c 349 s 25; 2007 c 374 s 3; 2005 c 243 s 22; 2004 c 271 s 182.]
Notes:
Effective date—2011 c 349: See note following RCW 29A.04.255.

catchline: Prevention and correction of ballot frauds and errors.


title: RCW 29A.68.013

text:
Any justice of the supreme court, judge of the court of appeals, or judge of the superior court in the proper county shall, by order, require any person charged with error, wrongful act, or neglect to forthwith correct the error, desist from the wrongful act, or perform the duty and to do as the court orders or to show cause forthwith why the error should not be corrected, the wrongful act desisted from, or the duty or order not performed, whenever it is made to appear to such justice or judge by affidavit of an elector that:
(1) A wrongful act other than as provided for in RCW 29A.68.011 has been performed or is about to be performed by any election officer; or
(2) Any neglect of duty on the part of an election officer other than as provided for in RCW 29A.68.011 has occurred or is about to occur; or
(3) An error or omission has occurred or is about to occur in the official certification of any primary or election, including a challenge to the certification of any measure.
An affidavit of an elector under this subsection shall be filed with the appropriate court no later than ten days following the official certification of the primary or election as provided in RCW 29A.60.190, 29A.60.240, or 29A.60.250 or, in the case of a recount, ten days after the official certification of the amended abstract as provided in RCW 29A.64.061.
[ 2016 c 130 s 2.]

catchline: Prevention and correction of frauds and errors—Primary, election, challenge to certification of measure.


title: RCW 29A.68.020

text:
Any of the following causes may be asserted by a registered voter to challenge the right to assume office of a candidate declared elected to that office, to challenge the right of a candidate to appear on the general election ballot after a primary, or to challenge certification of the result of an election on any measure:
(1) For misconduct on the part of any election officer involved therein;
(2) Because the person whose right is being contested was not, at the time the person was declared elected, eligible to that office;
(3) Because the person whose right is being contested was, previous to the election, convicted of a felony by a court of competent jurisdiction, the conviction not having been reversed nor the person's civil rights restored after the conviction;
(4) Because the person whose right is being contested gave a bribe or reward to a voter or to an election officer for the purpose of procuring the election, or offered to do so;
(5) On account of illegal votes.
(a) Illegal votes include but are not limited to the following:
(i) More than one vote cast by a single voter;
(ii) A vote cast by a person disqualified under Article VI, section 3 of the state Constitution.
(b) Illegal votes do not include votes cast by improperly registered voters who were not properly challenged under RCW 29A.08.810 and 29A.08.820.
All election contests must proceed under RCW 29A.68.011 or 29A.68.013.
[ 2016 c 130 s 3; 2013 c 11 s 72; 2011 c 10 s 64; 2007 c 374 s 4; 2003 c 111 s 1702; 1983 1st ex.s. c 30 s 6; 1977 ex.s. c 361 s 101; 1965 c 9 s 29.65.010. Prior: 1959 c 329 s 26; prior: (i) Code 1881 s 3105; 1865 p 42 s 1; RRS s 5366. (ii) Code 1881 s 3109; 1865 p 43 s 5; RRS s 5370. Formerly RCW 29.65.010.]
Notes:
Notice to registered poll voters—Elections by mail—2011 c 10: See note following RCW 29A.04.008.
Effective date—Severability—1977 ex.s. c 361: See notes following RCW 29A.16.040.
Civil rights
loss of: State Constitution Art. 6 s 3, RCW 29A.08.520.
restoration of: RCW 9.92.066, 9.94A.637, 9.94A.885, 9.95.260, chapter 9.96 RCW.

catchline: Commencement by registered voter—Causes for.


title: RCW 29A.68.030

text:
An affidavit of an elector filed pursuant to RCW 29A.68.013(3) must set forth specifically:
(1) The name of the contestant and that he or she is a registered voter in the county, district or precinct, as the case may be, in which the office or measure is to be exercised;
(2) The name of the person whose right is being contested or the name of the measure being contested;
(3) The office;
(4) The particular causes of the contest.
No statement of contest may be dismissed for want of form if the particular causes of contest are alleged with sufficient certainty. The person charged with the error or omission must be given the opportunity to call any witness, including the candidate.
[ 2016 c 130 s 4; 2007 c 374 s 5; 2003 c 111 s 1703; 1977 ex.s. c 361 s 102; 1965 c 9 s 29.65.020. Prior: (i) Code 1881 s 3110; 1865 p 43 s 6; RRS s 5371. (ii) Code 1881 s 3112; 1865 p 44 s 8; RRS s 5373. Formerly RCW 29.65.020.]
Notes:
Effective date—Severability—1977 ex.s. c 361: See notes following RCW 29A.16.040.

catchline: Affidavit of error or omission—Contents—Witnesses.


title: RCW 29A.68.040

text:
Upon such affidavit being filed, the clerk shall inform the judge of the appropriate court, who may give notice, and order a session of the court to be held at the usual place of holding the court, on some day to be named by the judge, not less than ten nor more than twenty days from the date of the notice, to hear and determine such contested election. If no session is called for the purpose, the contest must be determined at the first regular session of court after the statement is filed.
The clerk of the court shall also at the time issue a citation for the person charged with the error or omission, to appear at the time and place specified in the notice. The citation must be delivered to the sheriff and be served upon the party in person; or if the person cannot be found, by leaving a copy thereof at the house where the person last resided.
[ 2003 c 111 s 1704; 1977 ex.s. c 361 s 103; 1965 c 9 s 29.65.040. Prior: (i) Code 1881 s 3113; 1865 p 44 s 9; RRS s 5374. (ii) Code 1881 s 3114; 1865 p 45 s 10; RRS s 5375. Formerly RCW 29.65.040.]
Notes:
Effective date—Severability—1977 ex.s. c 361: See notes following RCW 29A.16.040.

catchline: Hearing date—Issuance of citation—Service.


title: RCW 29A.68.050

text:
The clerk shall issue subpoenas for witnesses in such contested election at the request of either party, which shall be served by the sheriff or constable, as other subpoenas, and the superior court shall have full power to issue attachments to compel the attendance of witnesses who shall have been duly subpoenaed to attend if they fail to do so.
The court shall meet at the time and place designated to determine such contested election by the rules of law and evidence governing the determination of questions of law and fact, so far as the same may be applicable, and may dismiss the proceedings if the statement of the cause or causes of contest is insufficient, or for want of prosecution. After hearing the proofs and allegations of the parties, the court shall pronounce judgment in the premises, either confirming or annulling and setting aside such election, according to the law and right of the case.
If in any such case it shall appear that another person than the one returned has the highest number of legal votes, said court shall declare such person duly elected. If in any such case it shall appear that the results of a measure are reversed, said court shall declare the change in result.
[ 2016 c 130 s 5; 2003 c 111 s 1705. Prior: 1965 c 9 s 29.65.050; prior: (i) Code 1881 s 3115; 1865 p 45 s 11; RRS s 5376. (ii) Code 1881 s 3116; 1865 p 45 s 12; RRS s 5377. (iii) Code 1881 s 3117; 1865 p 45 s 13; RRS s 5378. FORMER PARTS OF SECTION: (i) Code 1881 s 3119; 1865 p 45 s 15; RRS s 5379, now codified in RCW 29.65.055. (ii) Code 1881 s 3120; 1865 p 45 s 16; RRS s 5380, now codified in RCW 29.65.055. Formerly RCW 29.65.050.]

catchline: Witnesses to attend—Hearing of contest—Judgment.


title: RCW 29A.68.060

text:
If the proceedings are dismissed for insufficiency, want of prosecution, or the election is by the court confirmed, judgment shall be rendered against the party contesting such election for costs, in favor of the party charged with error or omission.
If such election is annulled and set aside, judgment for costs shall be rendered against the party charged with the error or omission and in favor of the party alleging the same.
[ 2003 c 111 s 1706. Prior: 1977 ex.s. c 361 s 104; 1965 c 9 s 29.65.055; prior: (i) Code 1881 s 3119; 1865 p 45 s 15; RRS s 5379; formerly RCW 29.65.050, part. (ii) Code 1881 s 3120; 1865 p 45 s 16; RRS s 5380, formerly RCW 29.65.050, part. Formerly RCW 29.65.055.]
Notes:
Effective date—Severability—1977 ex.s. c 361: See notes following RCW 29A.16.040.

catchline: Costs, how awarded.


title: RCW 29A.68.070

text:
No irregularity or improper conduct in the proceedings of any county canvassing board or any member of the board amounts to such malconduct as to annul or set aside any election unless the irregularity or improper conduct was such as to either, reverse the outcome of an election measure or procure the person whose right to the office may be contested, to be declared duly elected although the person did not receive the highest number of legal votes.
[ 2016 c 130 s 6; 2011 c 10 s 65; 2003 c 111 s 1707; 1965 c 9 s 29.65.060. Prior: Code 1881 s 3106; 1865 p 43 s 2; RRS s 5367. Formerly RCW 29.65.060.]
Notes:
Notice to registered poll voters—Elections by mail—2011 c 10: See note following RCW 29A.04.008.

catchline: Misconduct of board—Irregularity material to result.


title: RCW 29A.68.080

text:
When any election for an office exercised in and for a county is contested on account of any malconduct on the part of a county canvassing board, or any member thereof, the election shall not be annulled and set aside upon any proof thereof, unless the rejection of the vote of such precinct or precincts will change the result as to such office or measure in the remaining vote of the county.
[ 2016 c 130 s 7; 2011 c 10 s 66; 2003 c 111 s 1708. Prior: 1965 c 9 s 29.65.070; prior: Code 1881 s 3107; 1865 p 43 s 3; RRS s 5368. Formerly RCW 29.65.070.]
Notes:
Notice to registered poll voters—Elections by mail—2011 c 10: See note following RCW 29A.04.008.

catchline: Misconduct of board—Number of votes affected—Enough to change result.


title: RCW 29A.68.090

text:
When the reception of illegal votes is alleged as a cause of contest, it is sufficient to state generally that illegal votes were cast, that, if given to the person whose election is contested, or to the winning choice for a measure, in the specified precinct or precincts, will, if taken from that person, or winning choice for a measure, reduce the number of the person's legal votes below the number of legal votes given to some other person for the same office or reverse the outcome of the measure.
[ 2016 c 130 s 8; 2003 c 111 s 1709; 1965 c 9 s 29.65.080. Prior: Code 1881 s 3111, part; 1865 p 44 s 7, part; RRS s 5372, part. Formerly RCW 29.65.080.]

catchline: Illegal votes—Allegation of.


title: RCW 29A.68.100

text:
No testimony may be received as to any illegal votes unless the party contesting the election delivers to the opposite party, at least three days before trial, a written list of the number of illegal votes and by whom given, that the contesting party intends to prove at the trial. No testimony may be received as to any illegal votes, except as to such as are specified in the list.
[ 2003 c 111 s 1710; 1965 c 9 s 29.65.090. Prior: Code 1881 s 3111, part; 1865 p 44 s 7, part; RRS s 5372, part. Formerly RCW 29.65.090.]

catchline: Illegal votes—List required for testimony.


title: RCW 29A.68.110

text:
(1) No election for an office may be set aside on account of illegal votes, unless it appears that an amount of illegal votes has been given to the person whose right is being contested, that, if taken from that person, would reduce the number of the person's legal votes below the number of votes given to some other person for the same office, after deducting therefrom the illegal votes that may be shown to have been given to the other person.
(2) No election for a measure may be set aside on account of illegal votes, unless it appears that an amount of illegal votes has been given to the winning choice being contested, that, if taken from that winning choice, would reduce the number of legal votes for the winning choice below the number of votes given to the other choice, after deducting therefrom the illegal votes that may be shown to have been given to the other choice.
[ 2016 c 130 s 9; 2003 c 111 s 1711; 1965 c 9 s 29.65.100. Prior: Code 1881 s 3108; 1865 p 43 s 4; RRS s 5369. Formerly RCW 29.65.100.]

catchline: Illegal votes—Number of votes affected—Enough to change result.


title: RCW 29A.68.120

text:
If an election is set aside by the judgment of the superior court and if no appeal is taken therefrom within ten days, the election of the person challenged or the outcome of the measure challenged, shall be thereby rendered void.
[ 2016 c 130 s 10; 2007 c 374 s 6; 2003 c 111 s 1712; 1965 c 9 s 29.65.120. Prior: Code 1881 s 3123, part; 1865 p 46 s 19, part; RRS s 5382, part. Formerly RCW 29.65.120.]

catchline: Election set aside—Appeal period.


title: RCW 29A.72.010

text:
If any legal voter of the state, either individually or on behalf of an organization, desires to petition the legislature to enact a proposed measure, or submit a proposed initiative measure to the people, or order that a referendum of all or part of any act, bill, or law, passed by the legislature be submitted to the people, he or she shall file with the secretary of state:
(1) A legible copy of the measure proposed, or the act or part of such act on which a referendum is desired;
(2) A signed affidavit, or electronic submission, that the sponsor is a registered voter; and
(3) A filing fee prescribed under RCW 43.07.120.
[ 2015 c 72 s 10; 2003 c 111 s 1802; 1982 c 116 s 1; 1965 c 9 s 29.79.010. Prior: 1913 c 138 s 1, part; RRS s 5397, part. Formerly RCW 29.79.010.]

catchline: Filing proposed measures with secretary of state.


title: RCW 29A.72.020

text:
Upon receipt of a proposed initiative measure, and before giving it a serial number, the secretary of state shall submit a copy thereof to the office of the code reviser and give notice to the sponsor of such transmittal. Upon receipt of the measure, the assistant code reviser to whom it has been assigned may confer with the sponsor and shall within seven working days from its receipt, review the proposal and recommend to the sponsor such revision or alteration of the measure as may be deemed necessary and appropriate. The recommendations of the code reviser's office are advisory only, and the sponsor may accept or reject them in whole or in part. The code reviser shall issue a certificate of review certifying that he or she has reviewed the measure and that any recommendations have been communicated to the sponsor. The certificate must be issued whether or not the sponsor accepts such recommendations. Within fifteen working days after notification of submittal of the proposed measure to the code reviser's office, the sponsor, if he or she desires to proceed with sponsorship, shall file the measure together with the certificate of review with the secretary of state for assignment of a serial number, and the secretary of state shall then submit to the code reviser's office a certified copy of the measure filed. Upon submission of the proposal to the secretary of state for assignment of a serial number, the secretary of state shall refuse to make such assignment unless the proposal is accompanied by a certificate of review.
[ 2003 c 111 s 1803; 1982 c 116 s 2; 1973 c 122 s 2. Formerly RCW 29.79.015.]
Notes:
Legislative finding—1973 c 122: "The legislature finds that the initiative process reserving to the people the power to propose bills, laws and to enact or reject the same at the polls, independent of the legislature, is finding increased popularity with citizens of our state. The exercise of this power concomitant with the power of the legislature requires coordination to avoid the duplication and confusion of laws. This legislation is enacted especially to facilitate the operation of the initiative process." [ 1973 c 122 s 1.]

catchline: Review of proposed initiatives—Certificate required.


title: RCW 29A.72.025

text:
The office of financial management, in consultation with the secretary of state, the attorney general, and any other appropriate state or local agency, shall prepare a fiscal impact statement for each of the following state ballot measures: (1) An initiative to the people that is certified to the ballot; (2) an initiative to the legislature that will appear on the ballot; (3) an alternative measure appearing on the ballot that the legislature proposes to an initiative to the legislature; (4) a referendum bill referred to voters by the legislature; and (5) a referendum measure appearing on the ballot. The secretary of state shall notify the office of financial management and the attorney general when the sponsor of a ballot measure has made an appointment to submit petitions to the secretary of state for filing. The office of financial management and appropriate state agencies may begin work on a fiscal impact statement prior to the submission of petitions. Fiscal impact statements must be written in clear and concise language, avoid legal and technical terms when possible, and be filed with the secretary of state no later than July 23rd if a public investment impact disclosure is required under RCW 29A.72.027, and no later than July 31st for all other measures. Fiscal impact statements may include easily understood graphics.
A fiscal impact statement must describe any projected increase or decrease in revenues, costs, expenditures, or indebtedness that the state or local governments will experience if the ballot measure were approved by state voters. Where appropriate, a fiscal impact statement may include both estimated dollar amounts and a description placing the estimated dollar amounts into context. A fiscal impact statement must include both a summary of not to exceed one hundred words and a more detailed statement that includes the assumptions that were made to develop the fiscal impacts.
Fiscal impact statements must be available online from the secretary of state's website and included in the state voters' pamphlet. Additional information may be posted on the website of the office of financial management.
[ 2022 c 114 s 5; 2009 c 415 s 7; 2004 c 266 s 4. Prior: 2002 c 139 s 1. Formerly RCW 29.79.075.]
Notes:
Findings—2022 c 114: See note following RCW 29A.72.027.
Effective date—2004 c 266: See note following RCW 29A.04.575.

catchline: Fiscal impact statements.


title: RCW 29A.72.027

text:
(1) The attorney general must prepare a public investment impact disclosure for any ballot measure that:
(a) Repeals, levies, or modifies any tax or fee, including changing the scope or application of an existing tax or fee; and
(b) Has a fiscal impact statement, as provided by RCW 29A.72.025, that shows that adoption of the measure would cause a net change in state revenue.
(2) The public investment impact disclosure must include a description of the investments that will be affected if the measure is adopted. The description must be sufficiently broad to reflect the subject of the investments that will be impacted by the change in revenue that will result from adoption of the measure, but also sufficiently precise to give notice of the subject matter of the investments that will be impacted by the change in revenue that will result from adoption of the measure. The description may not exceed 10 words, unless the fiscal impact is primarily to the state general fund, in which case the description must list the top three categories of state services funded by the general fund in the current state budget and may not exceed 15 words. The attorney general may consult with the office of financial management or any other state or local agencies as necessary to procure accurate information to draft the description.
(3) The format of the public investment impact disclosure, as it appears on the ballot, is:
"This measure would (increase or decrease) funding for (description of services)."
(4) In drafting the public investment impact disclosure, the attorney general must use neutral language that cannot reasonably be expected to create prejudice for or against the measure. The language of the disclosure is not subject to appeal, except as provided in chapter 114, Laws of 2022.
(5) The attorney general must file the public investment impact disclosure with the secretary of state no later than July 23rd.
(6) The secretary of state must certify the public investment impact disclosure and timely transmit it to each county auditor for its inclusion on the ballot.
(7) Public investment impact disclosures are not considered part of the ballot title under this chapter and are not subject to any of the legal requirements for ballot titles.
[ 2022 c 114 s 2.]
Notes:
Findings—2022 c 114: "The legislature recognizes that the people have reserved for themselves the power to enact or reject legislation through the initiative and referendum process, as provided in Article II, section 1 of the state Constitution. The legislature finds that when exercising this right, the people are entitled to know the fiscal impact that their vote will have on public investments at the time they cast their ballots. The legislature further finds that when a ballot measure will affect funding for public investments, a neutral, nonprejudicial disclosure of the public investments affected will provide greater transparency and necessary information for voters." [ 2022 c 114 s 1.]

catchline: Public investment impact disclosures.


title: RCW 29A.72.028

text:
Any persons, including either or both houses of the legislature, dissatisfied with the public investment impact disclosure for a state initiative or referendum may, within three days from the filing of the public investment impact disclosure in the office of the secretary of state, appeal to the superior court of Thurston county by petition setting forth the measure, the public investment impact disclosure, and their objections to the public investment impact disclosure and requesting amendment of the public investment impact disclosure by the court. Saturdays, Sundays, and legal holidays are not counted in calculating the time limits contained in this section.
A copy of the petition on appeal together with a notice that an appeal has been taken shall be served upon the secretary of state, upon the attorney general, and upon the person proposing the measure if the appeal is initiated by someone other than that person. Upon the filing of the petition on appeal or at the time to which the hearing may be adjourned by consent of the appellant, the court shall accord first priority to examining the proposed measure, the public investment impact disclosure, and the objections to that public investment impact disclosure, may hear arguments, and shall, within five days, render its decision and file with the secretary of state a certified copy of such public investment impact disclosure as it determines will meet the requirements of RCW 29A.72.027. The decision of the superior court shall be final. Such appeal shall be heard without costs to either party.
[ 2022 c 114 s 6.]
Notes:
Findings—2022 c 114: See note following RCW 29A.72.027.

catchline: Public investment impact disclosures—Appeal to superior court.


title: RCW 29A.72.030

text:
Initiative measures proposed to be submitted to the people must be filed with the secretary of state within ten months prior to the election at which they are to be submitted, and the signature petitions must be filed with the secretary of state not less than four months before the next general statewide election.
Initiative measures proposed to be submitted to the legislature must be filed with the secretary of state within ten months prior to the next regular session of the legislature at which they are to be submitted, and the signature petitions must be filed with the secretary of state not less than ten days before such regular session of the legislature.
A referendum measure petition ordering that any act or part of an act passed by the legislature be referred to the people must be filed with the secretary of state within ninety days after the final adjournment of the legislative session at which the act was passed. It may be submitted at the next general statewide election or at a special election ordered by the legislature.
A proposed initiative or referendum measure may be filed no earlier than the opening of the secretary of state's office for business pursuant to RCW 42.04.060 on the first day filings are permitted, and any initiative or referendum petition must be filed not later than the close of business on the last business day in the specified period for submission of signatures. If a filing deadline falls on a Saturday, the office of the secretary of state must be open for the transaction of business under this section from 8:00 a.m. to 5:00 p.m. on that Saturday.
[ 2003 c 111 s 1804; 1987 c 161 s 1; 1965 c 9 s 29.79.020. Prior: (i) 1913 c 138 s 1, part; RRS s 5397, part. (ii) 1913 c 138 s 6, part; RRS s 5402, part. (iii) 1913 c 138 s 5, part; RRS s 5401, part. (iv) 1913 c 138 s 7, part; RRS s 5403, part. Formerly RCW 29.79.020.]
Notes:
Initiative, referendum, time for filing: State Constitution Art. 2 s 1 (a) and (d) (Amendment 7).
Petitions—Time for filing: RCW 29A.72.160.

catchline: Time for filing various types.


title: RCW 29A.72.040

text:
The secretary of state shall give a serial number to each initiative, referendum bill, or referendum measure, using a separate series for initiatives to the legislature, initiatives to the people, referendum bills, and referendum measures, and forthwith transmit one copy of the measure proposed bearing its serial number to the attorney general. Thereafter a measure shall be known and designated on all petitions, ballots, and proceedings as "Initiative Measure No. . . . .," "Referendum Bill No. . . . .," or "Referendum Measure No. . . . .."
[ 2023 c 109 s 4; 2008 c 1 s 7 (Initiative Measure No. 960, approved November 6, 2007); 2003 c 111 s 1805; 1982 c 116 s 3; 1965 c 9 s 29.79.030. Prior: 1913 c 138 s 1, part; RRS s 5397, part. Formerly RCW 29.79.030.]
Notes:
Findings—2023 c 109: See note following RCW 29A.32.070.
Findings—Intent—Construction—Severability—Subheadings and part headings not law—Short title—Effective date—2008 c 1 (Initiative Measure No. 960): See notes following RCW 43.135.031.

catchline: Numbering—Transmittal to attorney general.


title: RCW 29A.72.050

text:
(1) The ballot title for an initiative to the people, an initiative to the legislature, a referendum bill, or a referendum measure consists of: (a) A statement of the subject of the measure; (b) a concise description of the measure; and (c) a question in the form prescribed in this section for the ballot measure in question. The statement of the subject of a measure must be sufficiently broad to reflect the subject of the measure, sufficiently precise to give notice of the measure's subject matter, and not exceed ten words. The concise description must contain no more than thirty words, be a true and impartial description of the measure's essential contents, clearly identify the proposition to be voted on, and not, to the extent reasonably possible, create prejudice either for or against the measure.
(2) If a public investment impact disclosure is required under RCW 29A.72.027, the disclosure must appear in the middle of the ballot title, after the concise description and before the question. The disclosure is not, however, considered part of the ballot title and is not subject to any of the legal requirements for ballot titles under this chapter.
(3) For an initiative to the people, or for an initiative to the legislature for which the legislature has not proposed an alternative, the ballot title and public investment impact disclosure, if applicable, must be displayed on the ballot substantially as follows:
"Initiative Measure No. . . . concerns (statement of subject). This measure would (concise description). (Public investment impact disclosure, if applicable). Should this measure be enacted into law?
Yes . . . .□
No . . . .□"
(4) For an initiative to the legislature for which the legislature has proposed an alternative, the ballot title and public investment impact disclosure, if applicable, must be displayed on the ballot substantially as follows:
"Initiative Measure Nos. . . . and . . .B concern (statement of subject).
Initiative Measure No. . . . would (concise description). (Public investment impact disclosure, if applicable).
As an alternative, the legislature has proposed Initiative Measure No. . . .B, which would (concise description). (Public investment impact disclosure, if applicable).
1. Should either of these measures be enacted into law?
Yes . . . .□
No . . . .□
2. Regardless of whether you voted yes or no above, if one of these measures is enacted, which one should it be?
Measure No. . . . .□
or
Measure No. . . . .□"
(5) For a referendum bill submitted to the people by the legislature, the ballot issue and public investment impact disclosure, if applicable, must be displayed on the ballot substantially as follows:
"The legislature has passed . . . . Bill No. . . . concerning (statement of subject). This bill would (concise description). (Public investment impact disclosure, if applicable). Should this bill be:
Approved . . . .□
Rejected . . . .□"
(6) For a referendum measure by state voters on a bill the legislature has passed, the ballot issue and public investment impact disclosure, if applicable, must be displayed on the ballot substantially as follows:
"The legislature passed . . . Bill No. . . . concerning (statement of subject) and voters have filed a sufficient referendum petition on this bill. This bill would (concise description). (Public investment impact disclosure, if applicable). Should this bill be:
Approved . . . .□
Rejected . . . .□"
(7) The legislature may specify the statement of subject or concise description, or both, in a referendum bill that it refers to the people. The legislature may specify the concise description for an alternative it submits for an initiative to the legislature. If the legislature fails to specify these matters, the attorney general shall prepare the material that was not specified. The statement of subject and concise description as so provided must be included as part of the ballot title unless changed on appeal.
The attorney general shall specify the statement of subject and concise description for an initiative to the people, an initiative to the legislature, and a referendum measure. The statement of subject and concise description as so provided must be included as part of the ballot title unless changed on appeal.
[ 2022 c 114 s 3; 2003 c 111 s 1806. Prior: 2000 c 197 s 1. Formerly RCW 29.79.035.]
Notes:
Findings—2022 c 114: See note following RCW 29A.72.027.
Part headings not law—2000 c 197: "Part headings used in this act are not part of the law." [ 2000 c 197 s 17.]

catchline: Ballot title—Formulation, ballot display.


title: RCW 29A.72.060

text:
Within five days after the receipt of an initiative or referendum the attorney general shall formulate the ballot title, or portion of the ballot title that the legislature has not provided, required by RCW 29A.72.050 and a summary of the measure, not to exceed seventy-five words, and transmit the serial number for the measure, complete ballot title, and summary to the secretary of state. Saturdays, Sundays, and legal holidays are not counted in calculating the time limits in this section.
[ 2003 c 111 s 1807. Prior: 2000 c 197 s 2; 1993 c 256 s 9; 1982 c 116 s 4; 1973 1st ex.s. c 118 s 2; 1965 c 9 s 29.79.040; prior: 1953 c 242 s 2; 1913 c 138 s 2; RRS s 5398. Formerly RCW 29.79.040.]
Notes:
Part headings not law—2000 c 197: See note following RCW 29A.72.050.
Severability—Effective date—1993 c 256: See notes following RCW 29A.84.280.
Ballot titles to other state and local measures: RCW 29A.36.020 through 29A.36.090.

catchline: Ballot title and summary by attorney general.


title: RCW 29A.72.070

text:
Upon the filing of the ballot title and summary for a state initiative or referendum measure in the office of secretary of state, the secretary of state shall notify by telephone and by mail, and, if requested, by other electronic means, the person proposing the measure, the prime sponsor of a referendum bill or alternative to an initiative to the legislature, the chief clerk of the house of representatives, the secretary of the senate, and any other individuals who have made written request for such notification of the exact language of the ballot title and summary.
[ 2003 c 111 s 1808. Prior: 2000 c 197 s 3; 1982 c 116 s 5; 1973 1st ex.s. c 118 s 3; 1965 c 9 s 29.79.050; prior: 1913 c 138 s 3, part; RRS s 5399, part. Formerly RCW 29.79.050.]
Notes:
Part headings not law—2000 c 197: See note following RCW 29A.72.050.

catchline: Ballot title and summary—Notice.


title: RCW 29A.72.080

text:
Any persons, including the attorney general or either or both houses of the legislature, dissatisfied with the ballot title or summary for a state initiative or referendum may, within five days from the filing of the ballot title in the office of the secretary of state, appeal to the superior court of Thurston county by petition setting forth the measure, the ballot title or summary, and their objections to the ballot title or summary and requesting amendment of the ballot title or summary by the court. Saturdays, Sundays, and legal holidays are not counted in calculating the time limits contained in this section.
A copy of the petition on appeal together with a notice that an appeal has been taken shall be served upon the secretary of state, upon the attorney general, and upon the person proposing the measure if the appeal is initiated by someone other than that person. Upon the filing of the petition on appeal or at the time to which the hearing may be adjourned by consent of the appellant, the court shall accord first priority to examining the proposed measure, the ballot title or summary, and the objections to that ballot title or summary, may hear arguments, and shall, within five days, render its decision and file with the secretary of state a certified copy of such ballot title or summary as it determines will meet the requirements of RCW 29A.72.060. The decision of the superior court shall be final. Such appeal shall be heard without costs to either party.
[ 2013 c 11 s 73; 2003 c 111 s 1809. Prior: 2000 c 197 s 4; 1982 c 116 s 6; 1965 c 9 s 29.79.060; prior: 1913 c 138 s 3, part; RRS s 5399, part. Formerly RCW 29.79.060.]
Notes:
Part headings not law—2000 c 197: See note following RCW 29A.72.050.

catchline: Ballot title and summary—Appeal to superior court.


title: RCW 29A.72.090

text:
When the ballot title and summary are finally established, the secretary of state shall file the instrument establishing it with the proposed measure and transmit a copy thereof by mail to the person proposing the measure, the chief clerk of the house of representatives, the secretary of the senate, and to any other individuals who have made written request for such notification. Thereafter such ballot title shall be the title of the measure in all petitions, ballots, and other proceedings in relation thereto. The summary shall appear on all petitions directly following the ballot title.
[ 2003 c 111 s 1810. Prior: 2000 c 197 s 5; 1982 c 116 s 7; 1965 c 9 s 29.79.070; prior: 1913 c 138 s 4, part; RRS s 5400, part. Formerly RCW 29.79.070.]
Notes:
Part headings not law—2000 c 197: See note following RCW 29A.72.050.

catchline: Ballot title and summary—Mailed to proponents and other persons—Appearance on petitions.


title: RCW 29A.72.100

text:
The person proposing the measure shall print blank petitions upon 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. Each petition at the time of circulating, signing, and filing with the secretary of state must consist of not more than one sheet with numbered lines for not more than twenty signatures, with the prescribed warning and title, be in the form required by RCW 29A.72.110, 29A.72.120, or 29A.72.130, and have a readable, full, true, and correct copy of the proposed measure printed on the reverse side of the petition.
[ 2003 c 111 s 1811; 1982 c 116 s 8; 1973 1st ex.s. c 118 s 4; 1965 c 9 s 29.79.080. Prior: (i) 1913 c 138 s 4, part; RRS s 5400, part. (ii) 1913 c 138 s 9; RRS s 5405. Formerly RCW 29.79.080.]

catchline: Petitions—Paper—Size—Contents.


title: RCW 29A.72.110

text:
Petitions for proposing measures for submission to the legislature at its next regular session must be substantially in the following form:
The warning prescribed by RCW 29A.72.140; followed by:
INITIATIVE PETITION FOR SUBMISSION TO THE LEGISLATURE
To the Honorable . . . . . ., Secretary of State of the State of Washington:
We, the undersigned citizens and legal voters of the State of Washington, respectfully direct that this petition and the proposed measure known as Initiative Measure No. . . . . and entitled (here set forth the established ballot title of the measure), a full, true, and correct copy of which is printed on the reverse side of this petition, be transmitted to the legislature of the State of Washington at its next ensuing regular session, and we respectfully petition the legislature to enact said proposed measure into law; 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 city (or town) and county written after my name, my residence address is correctly stated, and I have knowingly signed this petition only once.
The following declaration must be printed on the reverse side of the petition:
I, . . . . . . . . . . . ., swear or affirm under penalty of law that I circulated this sheet of the foregoing petition, and that, to the best of my knowledge, every person who signed this sheet of the foregoing petition knowingly and without any compensation or promise of compensation willingly signed his or her true name and that the information provided therewith is true and correct. I further acknowledge that under chapter 29A.84 RCW, forgery of signatures on this petition constitutes a class C felony, and that offering any consideration or gratuity to any person to induce them to sign a petition is a gross misdemeanor, such violations being punishable by fine or imprisonment or both.
RCW 9A.46.020 applies to any conduct constituting harassment against a petition signature gatherer. This penalty does not preclude the victim from seeking any other remedy otherwise available under law.
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.
[ 2005 c 239 s 1; 2003 c 111 s 1812; 1982 c 116 s 9; 1965 c 9 s 29.79.090. Prior: 1913 c 138 s 5, part; RRS s 5401, part. Formerly RCW 29.79.090.]
Notes:
Effective date—2005 c 239: "This act takes effect January 1, 2006." [ 2005 c 239 s 4.]

catchline: Petitions to legislature—Form.


title: RCW 29A.72.120

text:
Petitions for proposing measures for submission to the people for their approval or rejection at the next ensuing general election must be substantially in the following form:
The warning prescribed by RCW 29A.72.140; followed by:
INITIATIVE PETITION FOR SUBMISSION TO THE PEOPLE
To the Honorable . . . . . ., Secretary of State of the State of Washington:
We, the undersigned citizens and legal voters of the State of Washington, respectfully direct that the proposed measure known as Initiative Measure No. . . . ., entitled (here insert the established ballot title of the measure), a full, true and correct copy of which is printed on the reverse side of this petition, be submitted to the legal voters of the State of Washington for their approval or rejection at the general election to be held on the . . . . . day of November, (year); 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 city (or town) and county written after my name, my residence address is correctly stated, and I have knowingly signed this petition only once.
The following declaration must be printed on the reverse side of the petition:
I, . . . . . . . . . . . ., swear or affirm under penalty of law that I circulated this sheet of the foregoing petition, and that, to the best of my knowledge, every person who signed this sheet of the foregoing petition knowingly and without any compensation or promise of compensation willingly signed his or her true name and that the information provided therewith is true and correct. I further acknowledge that under chapter 29A.84 RCW, forgery of signatures on this petition constitutes a class C felony, and that offering any consideration or gratuity to any person to induce them to sign a petition is a gross misdemeanor, such violations being punishable by fine or imprisonment or both.
RCW 9A.46.020 applies to any conduct constituting harassment against a petition signature gatherer. This penalty does not preclude the victim from seeking any other remedy otherwise available under law.
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.
[ 2005 c 239 s 2; 2003 c 111 s 1813; 1982 c 116 s 10; 1965 c 9 s 29.79.100. Prior: 1913 c 138 s 6, part; RRS s 5402, part. Formerly RCW 29.79.100.]
Notes:
Effective date—2005 c 239: See note following RCW 29A.72.110.

catchline: Petitions to people—Form.


title: RCW 29A.72.130

text:
Petitions ordering that acts or parts of acts passed by the legislature be referred to the people at the next ensuing general election, or special election ordered by the legislature, must be substantially in the following form:
The warning prescribed by RCW 29A.72.140; followed by:
PETITION FOR REFERENDUM
To the Honorable . . . . . ., Secretary of State of the State of Washington:
We, the undersigned citizens and legal voters of the State of Washington, respectfully order and direct that Referendum Measure No. . . . . ., filed to revoke a (or part or parts of a) bill that (concise statement required by RCW 29A.72.050) and that was passed by the . . . . . . legislature of the State of Washington at the last regular (special) session of said legislature, shall be referred to the people of the state for their approval or rejection at the regular (special) election to be held on the . . . . day of November, (year); 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 city (or town) and county written after my name, my residence address is correctly stated, and I have knowingly signed this petition only once.
The following declaration must be printed on the reverse side of the petition:
I, . . . . . . . . . . . ., swear or affirm under penalty of law that I circulated this sheet of the foregoing petition, and that, to the best of my knowledge, every person who signed this sheet of the foregoing petition knowingly and without any compensation or promise of compensation willingly signed his or her true name and that the information provided therewith is true and correct. I further acknowledge that under chapter 29A.84 RCW, forgery of signatures on this petition constitutes a class C felony, and that offering any consideration or gratuity to any person to induce them to sign a petition is a gross misdemeanor, such violations being punishable by fine or imprisonment or both.
RCW 9A.46.020 applies to any conduct constituting harassment against a petition signature gatherer. This penalty does not preclude the victim from seeking any other remedy otherwise available under law.
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.
[ 2013 c 11 s 74; 2005 c 239 s 3; 2003 c 111 s 1814; 1993 c 256 s 10; 1982 c 116 s 11; 1965 c 9 s 29.79.110. Prior: 1913 c 138 s 7, part; RRS s 5403, part. Formerly RCW 29.79.110.]
Notes:
Effective date—2005 c 239: See note following RCW 29A.72.110.
Severability—Effective date—1993 c 256: See notes following RCW 29A.84.280.

catchline: Referendum petitions—Form.


title: RCW 29A.72.140

text:
The word "warning" and the following warning statement regarding signing petitions must appear on petitions as prescribed by this title and must be printed on each petition sheet such that they occupy not less than four square inches of the front of the petition sheet.
WARNING
Every person who signs this petition with any other than his or her true name, knowingly signs more than one of these petitions, signs this petition when he or she is not a legal voter, or makes any false statement on this petition may be punished by fine or imprisonment or both.
[ 2003 c 111 s 1815; 1993 c 256 s 5. Formerly RCW 29.79.115.]
Notes:
Severability—Effective date—1993 c 256: See notes following RCW 29A.84.280.

catchline: Warning statement—Further requirements.


title: RCW 29A.72.150

text:
When the person proposing any initiative measure has obtained signatures of legal voters equal to or exceeding eight percent of the votes cast for the office of governor at the last regular gubernatorial election prior to the submission of the signatures for verification, or when the person or organization demanding any referendum of an act or part of an act of the legislature has obtained a number of signatures of legal voters equal to or exceeding four percent of the votes cast for the office of governor at the last regular gubernatorial election prior to the submission of the signatures for verification, the petition containing the signatures may be submitted to the secretary of state for filing.
[ 2003 c 111 s 1816; 1982 c 116 s 12; 1965 c 9 s 29.79.120. Prior: 1913 c 138 s 11, part; RRS s 5407, part. See also State Constitution Art. 2 s 1A (Amendment 30), (L. 1955, p. 1860, S.J.R. No. 4). Formerly RCW 29.79.120.]

catchline: Petitions—Signatures—Number necessary.


title: RCW 29A.72.160

text:
The time for submitting initiative or referendum petitions to the secretary of state for filing is as follows:
(1) A referendum petition ordering and directing that the whole or some part or parts of an act passed by the legislature be referred to the people for their approval or rejection at the next ensuing general election or a special election ordered by the legislature, must be submitted not more than ninety days after the final adjournment of the session of the legislature which passed the act;
(2) An initiative petition proposing a measure to be submitted to the people for their approval or rejection at the next ensuing general election, must be submitted not less than four months before the date of such election;
(3) An initiative petition proposing a measure to be submitted to the legislature at its next ensuing regular session must be submitted not less than ten days before the commencement of the session.
[ 2003 c 111 s 1817. Prior: 1965 c 9 s 29.79.140; prior: 1913 c 138 s 12, part; RRS s 5408, part. Formerly RCW 29.79.140.]
Notes:
Initiative, referendum, time for filing: State Constitution Art. 2 s 1 (a) and (d) (Amendment 7).
Measures, petitions, time for filing various types: RCW 29A.72.030.

catchline: Petitions—Time for filing.


title: RCW 29A.72.170

text:
The secretary of state may refuse to file any initiative or referendum petition being submitted upon any of the following grounds:
(1) That the petition does not contain the information required by RCW 29A.72.110, 29A.72.120, or 29A.72.130.
(2) That the petition clearly bears insufficient signatures.
(3) That the time within which the petition may be filed has expired.
In case of such refusal, the secretary of state shall endorse on the petition the word "submitted" and the date, and retain the petition pending appeal.
If none of the grounds for refusal exists, the secretary of state must accept and file the petition.
[ 2003 c 111 s 1818; 1982 c 116 s 13; 1965 c 9 s 29.79.150. Prior: (i) 1913 c 138 s 11, part; RRS s 5407, part. (ii) 1913 c 138 s 12, part; RRS s 5408, part. Formerly RCW 29.79.150.]

catchline: Petitions—Acceptance or rejection by secretary of state.


title: RCW 29A.72.180

text:
If the secretary of state refuses to file an initiative or referendum petition when submitted for filing, the persons submitting it for filing may, within ten days after the refusal, apply to the superior court of Thurston county for an order requiring the secretary of state to bring the petitions before the court, and for a writ of mandate to compel the secretary of state to file it. The application takes precedence over other cases and matters and must be speedily heard and determined.
If the court issues the citation, and determines that the petition is legal in form and apparently contains the requisite number of signatures and was submitted for filing within the time prescribed in the Constitution, it shall issue its mandate requiring the secretary of state to file it as of the date of submission for filing.
The decision of the superior court granting a writ of mandate is final.
[ 2003 c 111 s 1819; 1965 c 9 s 29.79.160. Prior: 1913 c 138 s 13, part; RRS s 5409, part. Formerly RCW 29.79.160.]
Notes:
Initiative, referendum, time for filing: State Constitution Art. 2 s 1 (a) and (d) (Amendment 7).

catchline: Petitions—Review of refusal to file.


title: RCW 29A.72.190

text:
The decision of the superior court refusing to grant a writ of mandate may be reviewed by the supreme court within five days after the decision of the superior court. The review must be considered an emergency matter of public concern, and be heard and determined with all convenient speed. If the supreme court decides that the petitions are legal in form and apparently contain the requisite number of signatures of legal voters, and were filed within the time prescribed in the Constitution, it shall issue its mandate directing the secretary of state to file the petition as of the date of submission.
[ 2003 c 111 s 1820; 1988 c 202 s 28; 1965 c 9 s 29.79.170. Prior: 1913 c 138 s 13, part; RRS s 5409, part. Formerly RCW 29.79.170.]
Notes:
Rules of court: Writ procedure superseded by RAP 2.1(b), 2.2, 18.22.
Severability—1988 c 202: See note following RCW 2.24.050.

catchline: Petitions—Appellate review.