title: RCW 29A.32.090

text:
(1) If in the opinion of the secretary of state any argument or statement offered for inclusion in the voters' pamphlet in support of or opposition to a measure or candidate contains obscene matter or matter that is otherwise prohibited by law from distribution through the mail, the secretary may petition the superior court of Thurston county for a judicial determination that the argument or statement may be rejected for publication or edited to delete the matter. The court shall not enter such an order unless it concludes that the matter is obscene or otherwise prohibited for distribution through the mail.
(2) A candidate's statement submitted for inclusion in the voters' pamphlet shall not contain false or misleading statements about the candidate's opponent. A false or misleading statement shall be considered "libel or defamation per se" if the statement tends to expose the candidate to hatred, contempt, ridicule, or obloquy, or to deprive him or her of the benefit of public confidence or social intercourse, or to injure him or her in his or her business or occupation. If a candidate believes his or her opponent has libeled or defamed him or her, the candidate may commence an action under subsection (3) of this section.
(3)(a) A person who believes that he or she may be defamed by an argument or statement offered for inclusion in the voters' pamphlet in support of or opposition to a measure or candidate may petition the superior court of Thurston county for a judicial determination that the argument or statement may be rejected for publication or edited to delete the defamatory statement.
(b) The court shall not enter such an order unless it concludes that the statement is untrue and that the petitioner has a very substantial likelihood of prevailing in a defamation action.
(c) An action under this subsection (3) must be filed and served no later than the tenth day after the deadline for the submission of the argument or statement to the secretary of state.
(d) If the secretary of state notifies a person named or identified in an argument or statement of the contents of the argument or statement within three days after the deadline for submission to the secretary, then neither the state nor the secretary is liable for damages resulting from publication of the argument or statement unless the secretary publishes the argument or statement in violation of an order entered under this section. Nothing in this section creates a duty on the part of the secretary of state to identify, locate, or notify the person.
(4) Parties to a dispute under this section may agree to resolve the dispute by rephrasing the argument or statement, even if the deadline for submission to the secretary has elapsed, unless the secretary determines that the process of publication is too far advanced to permit the change. The secretary shall promptly provide any such revision to any committee entitled to submit a rebuttal argument. If that committee has not yet submitted its rebuttal, its deadline to submit a rebuttal is extended by five days. If it has submitted a rebuttal, it may revise it to address the change within five days of the filing of the revised argument with the secretary.
(5) In an action under this section the committee or candidate must be named as a defendant, and may be served with process by certified mail directed to the address contained in the secretary's records for that party. The secretary of state shall be a nominal party to an action brought under subsection (3) of this section, solely for the purpose of determining the content of the voters' pamphlet. The superior court shall give such an action priority on its calendar.
[ 2009 c 222 s 3; 2003 c 111 s 809. Prior: 1999 c 260 s 8. Formerly RCW 29.81.280.]
Notes:
Intent—Findings—2009 c 222: See note following RCW 29B.30.070.

catchline: Arguments—Rejection, dispute.


doc_type: statute

jurisdiction: wa

title: RCW 29A.32.100

text:
(1) An argument or statement submitted to the secretary of state for publication in the voters' pamphlet is not available for public inspection or copying until:
(a) In the case of candidate statements, (i) all statements by all candidates who have filed for a particular office have been received, except those who informed the secretary that they will not submit statements, or (ii) the deadline for submission of statements has elapsed;
(b) In the case of arguments supporting or opposing a measure, (i) the arguments on both sides have been received, unless a committee was not appointed for one side, or (ii) the deadline for submission of arguments has elapsed; and
(c) In the case of rebuttal arguments, (i) the rebuttals on both sides have been received, unless a committee was not appointed for one side, or (ii) the deadline for submission of arguments has elapsed.
(2) Nothing in this section prohibits the secretary from releasing information under RCW 29A.32.090.
[ 2013 c 11 s 37; 2003 c 111 s 810. Prior: 1999 c 260 s 9. Formerly RCW 29.81.290.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Arguments—Public inspection.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 29A.32.110

text:
All photographs of candidates submitted for publication must conform to standards established by the secretary of state by rule. No photograph may reveal clothing or insignia suggesting the holding of a public office.
[ 2003 c 111 s 811. Prior: 1999 c 260 s 10. Formerly RCW 29.81.300.]

catchline: Photographs.


title: RCW 29A.32.121

text:
(1) The maximum number of words for statements submitted by candidates is as follows: State representative, 100 words; state senator, judge of the superior court, judge of the court of appeals, justice of the supreme court, and all state offices voted upon throughout the state, except that of governor, 200 words; president and vice president, United States senator, United States representative, and governor, 300 words.
(2) Arguments written by committees under RCW 29A.32.060 may not exceed 250 words in length.
(3) Rebuttal arguments written by committees may not exceed 75 words in length.
(4) The secretary of state or county auditor shall allocate space in the pamphlet based on the number of candidates or nominees for each office.
[ 2024 c 78 s 6; 2004 c 271 s 168.]
Notes:
Effective date—2024 c 78: See note following RCW 29A.32.010.

catchline: Candidates' statements—Length.


title: RCW 29A.32.125

text:
The secretary may, by rule, set a deadline for submission of candidate statements and photographs for inclusion in the statewide voters' pamphlet. The deadline for submission of candidate statements and photographs must be not sooner than 11 days immediately following the deadline for filing declarations of candidacy under RCW 29A.24.050.
[ 2023 c 394 s 9.]

catchline: Deadline for submission of candidate statements and photographs.


title: RCW 29A.32.210

text:
Before any primary or general election, or any special election held under RCW 29A.04.321 or 29A.04.330, each county auditor shall print and distribute a local voters' pamphlet. The pamphlet shall provide information on all measures and candidates appearing on ballots within that county. The format of any local voters' pamphlet shall, whenever applicable, comply with the provisions of this chapter regarding the publication of the state candidates' and voters' pamphlets.
[ 2024 c 78 s 7; 2020 c 337 s 6; 2013 c 11 s 38; 2003 c 111 s 813; 1984 c 106 s 3. Formerly RCW 29.81A.010.]
Notes:
Effective date—2024 c 78: See note following RCW 29A.32.010.
Effective date—2020 c 337: See note following RCW 29A.04.410.

catchline: Duty to print and distribute—Contents—Format.


title: RCW 29A.32.220

text:
(1) Not later than 90 days before the publication and distribution of a local voters' pamphlet by a county, the county auditor shall notify each city, town, or special taxing district with issues or offices appearing on ballots within that county that a pamphlet will be produced.
(2) All voters' pamphlets published by the county pursuant to RCW 29A.32.210 must include the elective offices and ballot measures of the county and the elective offices and ballot measures of each unit of local government within the county which will appear on the ballot at that primary or election.
If the required appearance in a county's voters' pamphlet of the offices or measures of a unit of local government would create undue financial hardship for the unit of government, the legislative authority of the unit may petition the legislative authority of the county to waive this requirement. The legislative authority of the county may provide such a waiver if it does so not later than 60 days before the publication of the pamphlet and it finds that the requirement would create such hardship.
(3) If a city, town, or district is located within more than one county, all appropriate information for that jurisdiction must appear in the local voters' pamphlet for each of the counties containing the jurisdiction. Arguments, candidate statements, and photographs must be submitted to the county auditor of the county that accepted any resolutions or candidate filings for that jurisdiction. The auditor that receives this information shall provide it to the other county auditors after reviewing and accepting the submissions.
[ 2024 c 78 s 8; 2003 c 111 s 814; 1994 c 191 s 1; 1984 c 106 s 4. Formerly RCW 29.81A.020.]
Notes:
Effective date—2024 c 78: See note following RCW 29A.32.010.

catchline: Notice of production—Local governments' decision to participate.


title: RCW 29A.32.230

text:
The county auditor or, if applicable, the city clerk of a first-class or code city shall, in consultation with the participating jurisdictions, adopt and publish administrative rules necessary to facilitate the provisions of any ordinance authorizing production of a local voters' pamphlet. Any amendment to such a rule shall also be adopted and published. Copies of the rules shall identify the date they were adopted or last amended and shall be made available to any person upon request. One copy of the rules adopted by a county auditor and one copy of any amended rules shall be submitted to the county legislative authority. One copy of the rules adopted by a city clerk and one copy of any amended rules shall be submitted to the city legislative authority. These rules shall include but not be limited to the following:
(1) Deadlines for decisions by cities, towns, or special taxing districts on being included in the pamphlet;
(2) Limits on the length and deadlines for submission of arguments for and against each measure;
(3) The basis for rejection of any explanatory or candidates' statement or argument deemed to be libelous or otherwise inappropriate. Any statements by a candidate shall be limited to those about the candidate himself or herself;
(4) Limits on the length of candidates' statements;
(5) Deadlines for submission of candidates' statements not sooner than 11 days following the deadline for filing declarations of candidacy under RCW 29A.24.050;
(6) An appeal process in the case of the rejection of any statement or argument.
[ 2023 c 394 s 10; 2003 c 111 s 815. Prior: 1984 c 106 s 5. Formerly RCW 29.81A.030.]

catchline: Administrative rules.


title: RCW 29A.32.241

text:
(1) The local voters' pamphlet shall include but not be limited to the following:
(a) Appearing on the cover, the words "official local voters' pamphlet," the name of the jurisdiction producing the pamphlet, and the date of the election or primary;
(b) A list of jurisdictions that have measures or candidates in the pamphlet;
(c) Information on how a person may register to vote and obtain a ballot;
(d) Candidate statements and photographs;
(e) The text of each measure accompanied by an explanatory statement prepared by the prosecuting attorney for any county measure or by the attorney for the jurisdiction submitting the measure if other than a county measure. All explanatory statements for city, town, or district measures not approved by the attorney for the jurisdiction submitting the measure shall be reviewed and approved by the county prosecuting attorney or city attorney, when applicable, before inclusion in the pamphlet;
(f) The arguments for and against each measure submitted by committees selected pursuant to RCW 29A.32.280; and
(g) A list of all student engagement hubs in the county as designated under RCW 29A.40.180.
(2) The county auditor's name may not appear in the local voters' pamphlet in an official capacity if the county auditor is a candidate for office during the same year. The auditor's name may only be included as part of the information normally included for candidates.
[ 2024 c 78 s 9; 2020 c 208 s 12; 2016 c 83 s 2; 2011 c 10 s 29; 2004 c 271 s 123.]
Notes:
Effective date—2024 c 78: See note following RCW 29A.32.010.
Short title—Findings—2020 c 208: See notes following RCW 29A.08.210.
Notice to registered poll voters—Elections by mail—2011 c 10: See note following RCW 29A.04.008.

catchline: Contents.


title: RCW 29A.32.250

text:
Local voters' pamphlets shall include candidate statements accepted by the county auditor and may also include candidates' photographs accepted by the county auditor.
[ 2024 c 78 s 10; 2003 c 111 s 817. Prior: 1984 c 106 s 7. Formerly RCW 29.81A.050.]
Notes:
Effective date—2024 c 78: See note following RCW 29A.32.010.

catchline: Candidate statements and photographs.


title: RCW 29A.32.260

text:
As soon as practicable before the primary, special election, or general election, the county auditor shall mail the local voters' pamphlet to every residence in each jurisdiction within the county that is participating in the associated primary or election and for which election information is included in the pamphlet. The county auditor may choose to mail the pamphlet to each registered voter in each jurisdiction within the county that is participating in the associated primary or election and for which election information is included in the pamphlet, if in the auditor's judgment, a more economical and effective distribution of the pamphlet would result. The county auditor shall either mail or send a printable electronic version of the state and local voters' pamphlets to any service or overseas voter registered in the jurisdiction who has requested them.
[ 2024 c 78 s 11; 2022 c 193 s 2; 2011 c 10 s 30; 2003 c 111 s 818. Prior: 1984 c 106 s 8. Formerly RCW 29.81A.060.]
Notes:
Effective date—2024 c 78: See note following RCW 29A.32.010.
Finding—Intent—2022 c 193: "The legislature finds that service and overseas voters have the right to vote for their elected officials. To effectuate this right, service and overseas voters must have access to the same ballot materials as voters present in the state with sufficient time to thoughtfully consider candidates and issues before casting a ballot. Accordingly, the legislature intends to ensure that voters' pamphlets are available to service and overseas voters at the same time as the ballot." [ 2022 c 193 s 1.]
Notice to registered poll voters—Elections by mail—2011 c 10: See note following RCW 29A.04.008.

catchline: Mailing.


title: RCW 29A.32.270

text:
The cost of a local voters' pamphlet shall be considered an election cost to those local jurisdictions included in the pamphlet and shall be prorated in the manner provided in RCW 29A.04.410.
[ 2003 c 111 s 819. Prior: 1984 c 106 s 9. Formerly RCW 29.81A.070.]

catchline: Cost.


title: RCW 29A.32.280

text:
(1) For each measure from a unit of local government included in a local voters' pamphlet, the legislative authority of that jurisdiction shall, not later than the resolution deadline, formally appoint a committee to prepare arguments advocating voters' approval of the measure and shall formally appoint a committee to prepare arguments advocating voters' rejection of the measure.
(2) The authority shall appoint persons that reside within the jurisdictional boundaries and are known to favor the measure to serve on the committee advocating approval and shall, whenever possible, appoint persons that reside within the jurisdictional boundaries and are known to oppose the measure to serve on the committee advocating rejection.
(3) Each committee shall have not more than three members, however, a committee may seek the advice of any person or persons.
(4) If the legislative authority of a unit of local government fails to make such appointments by the prescribed deadline, the county auditor shall issue a media release and publish information on the auditor's election website announcing the opportunity to form committees and provide statements. If the legislative authority is unable to make appointments, the auditor shall make appointments on a first-come, first-served basis if qualified committee members contact the auditor by the appropriate deadline.
(5) If no statement is produced, the auditor shall include a statement in the pamphlet stating that no person in the jurisdiction contacted the auditor to provide a statement, and there are no statements for that measure.
[ 2024 c 78 s 12; 2015 c 146 s 3; 2003 c 111 s 820. Prior: 1994 c 191 s 2; 1984 c 106 s 10. Formerly RCW 29.81A.080.]
Notes:
Effective date—2024 c 78: See note following RCW 29A.32.010.

catchline: Arguments advocating approval or disapproval—Preparation by committees.


title: RCW 29A.36.010

text:
Not later than the Tuesday following the regular filing period, the secretary of state shall certify to each county auditor a list of the candidates who have filed declarations of candidacy in his or her office for the primary. For each office, the certificate shall include the name of each candidate, his or her address, and his or her party preference, if any, provided on filed declarations.
[ 2013 c 11 s 39; 2011 c 349 s 15. Prior: 2005 c 2 s 12 (Initiative Measure No. 872, approved November 2, 2004); 2003 c 111 s 901; prior: 1990 c 59 s 8; 1965 ex.s. c 103 s 4; 1965 c 9 s 29.27.020; prior: 1949 c 161 s 10, part; 1947 c 234 s 2, part; 1935 c 26 s 1, part; 1921 c 178 s 4, part; 1907 c 209 s 8, part; Rem. Supp. 1949 s 5185, part. Formerly RCW 29.27.020.]
Notes:
Effective date—2011 c 349: See note following RCW 29A.04.255.
Short title—Intent—Contingent effective date—2005 c 2 (Initiative Measure No. 872): See notes following RCW 29A.52.112.
Intent—Effective date—1990 c 59: See notes following RCW 29A.04.013.

catchline: Certifying primary candidates.


title: RCW 29A.36.020

text:
(1) When a proposed constitutional amendment is to be submitted to the people of the state for statewide popular vote, the ballot title consists of: (a) A statement of the subject of the amendment; (b) a concise description of the amendment; and (c) a question in the form prescribed in this section. The statement of the subject of a constitutional amendment must be sufficiently broad to reflect the nature of the amendment, sufficiently precise to give notice of the amendment's subject matter, and not exceed ten words. The concise description must contain no more than thirty words, give a true and impartial description of the amendment's essential contents, clearly identify the amendment to be voted on, and not, to the extent reasonably possible, create prejudice either for or against the amendment.
The ballot title for a proposed constitutional amendment must be displayed on the ballot substantially as follows:
"The legislature has proposed a constitutional amendment on (statement of subject). This amendment would (concise description). Should this constitutional amendment be:
Approved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . □
Rejected . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . □"
(2) When a proposed new constitution is submitted to the people of the state by a constitutional convention for statewide popular vote, the ballot title consists of: (a) A concise description of the new constitution; and (b) a question in the form prescribed in this section. The concise description must contain no more than thirty words, give a true and impartial description of the new constitution's essential contents, clearly identify the proposed constitution to be voted on, and not, to the extent reasonably possible, create prejudice either for or against the new constitution.
The ballot title for a proposed new constitution must be displayed on the ballot substantially as follows:
"The constitutional convention approved a new proposed state constitution that (concise description). Should this proposed constitution be:
Approved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . □
Rejected . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . □"
(3) The legislature may specify the statement of subject or concise description, or both, in a constitutional amendment that it submits to the people. If the legislature fails to specify the statement of subject or concise description, or both, 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 concise description for a proposed new constitution that is submitted to the people by a constitutional convention, and the concise description as so provided must be included as part of the ballot title unless changed on appeal.
(4) The secretary of state shall certify to the county auditors the ballot title for a proposed constitution, constitutional amendment, or other statewide question at the same time and in the same manner as the ballot titles to initiatives and referendums.
[ 2003 c 111 s 902. Prior: 2000 c 197 s 7. Formerly RCW 29.27.057.]
Notes:
Part headings not law—2000 c 197: See note following RCW 29A.72.050.

catchline: Constitutional measures—Ballot title—Formulation, ballot display, certification.


title: RCW 29A.36.030

text:
The ballot title for a constitutional amendment or proposed constitution must be filed with the secretary of state in the same manner as the ballot title and summary for a state initiative or referendum are filed.
[ 2003 c 111 s 903. Prior: 2000 c 197 s 8. Formerly RCW 29.27.061.]
Notes:
Part headings not law—2000 c 197: See note following RCW 29A.72.050.


title: RCW 29A.36.040

text:
Upon the filing of a ballot title under RCW 29A.36.020, the secretary of state shall provide notice of the exact language of the ballot title and summary to the chief clerk of the house of representatives, the secretary of the senate, and the prime sponsor of measure.
[ 2013 c 11 s 92; 2003 c 111 s 904. Prior: 2000 c 197 s 9; 1993 c 256 s 11; 1965 c 9 s 29.27.065; prior: 1953 c 242 s 3. Formerly RCW 29.27.065.]
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.

catchline: Constitutional questions—Notice of ballot title and summary.


title: RCW 29A.36.060

text:
If any persons are dissatisfied with the ballot title for a proposed constitution or constitutional amendment, they may at any time within ten days from the time of the filing of the ballot title and summary, not including Saturdays, Sundays, or legal holidays, appeal to the superior court of Thurston county by petition setting forth the measure, the ballot title objected to, their objections to it, and praying for amendment of the ballot title. The time of the filing of the ballot title, as used in this section for establishing the time for appeal, is the time the ballot title is first filed with the secretary of state.
A copy of the petition on appeal together with a notice that an appeal has been taken must be served upon the secretary of state, the attorney general, the chief clerk of the house of representatives, and the secretary of the senate. Upon the filing of the petition on appeal, the court shall immediately, or at the time to which a hearing may be adjourned by consent of the appellants, examine the proposed measure, the ballot title filed, and the objections to it and may hear arguments on it, and shall as soon as possible render its decision and certify to and file with the secretary of state a ballot title that it determines will meet the requirements of this chapter. The decision of the superior court is final, and the ballot title so certified will be the established ballot title. The appeal must be heard without cost to either party.
[ 2013 c 11 s 40; 2003 c 111 s 906. Prior: 2000 c 197 s 11. Formerly RCW 29.27.0655.]
Notes:
Part headings not law—2000 c 197: See note following RCW 29A.72.050.


title: RCW 29A.36.071

text:
(1) Except as provided to the contrary in RCW 82.14.036, 82.46.021, or 82.80.090, the ballot title of any referendum filed on an enactment or portion of an enactment of a local government and any other question submitted to the voters of a local government consists of three elements: (a) An identification of the enacting legislative body and a statement of the subject matter; (b) a concise description of the measure; and (c) a question. The ballot title must conform with the requirements and be displayed substantially as provided under RCW 29A.72.050, except that the concise description must not exceed seventy-five words; however, a concise description submitted on behalf of a proposed or existing regional transportation investment district or a proposed fire protection district, as provided in RCW 52.02.160, may exceed seventy-five words. If the local governmental unit is a city or a town, or if the ballot title is for a referendum under RCW 35.13A.115, the concise statement must be prepared by the city or town attorney. If the local governmental unit is a county, the concise statement must be prepared by the prosecuting attorney of the county. If the unit is a unit of local government other than a city, town, or county, the concise statement must be prepared by the prosecuting attorney of the county within which the majority area of the unit is located.
(2) A referendum measure on the enactment of a unit of local government must be advertised in the manner provided for nominees for elective office.
(3) Subsection (1) of this section does not apply if another provision of law specifies the ballot title for a specific type of ballot question or proposition.
[ 2017 c 328 s 4; 2015 c 172 s 3; 2006 c 311 s 9; 2004 c 271 s 169.]
Notes:
Findings—2006 c 311: See note following RCW 36.120.020.


title: RCW 29A.36.080

text:
Upon the filing of a ballot title of a question to be submitted to the people of a county or municipality, the county auditor shall provide notice of the exact language of the ballot title to the persons proposing the measure, the county or municipality, and to any other person requesting a copy of the ballot title.
[ 2003 c 111 s 908. Prior: 2000 c 197 s 13. Formerly RCW 29.27.0665.]
Notes:
Part headings not law—2000 c 197: See note following RCW 29A.72.050.

catchline: Local measures—Ballot title—Notice.


title: RCW 29A.36.090

text:
If any persons are dissatisfied with the ballot title for a local ballot measure that was formulated by the city attorney or prosecuting attorney preparing the same, they may at any time within ten days from the time of the filing of the ballot title, not including Saturdays, Sundays, and legal holidays, appeal to the superior court of the county where the question is to appear on the ballot, by petition setting forth the measure, the ballot title objected to, their objections to it, and praying for amendment of it. The time of the filing of the ballot title, as used in this section in determining the time for appeal, is the time the ballot title is first filed with the county auditor.
A copy of the petition on appeal together with a notice that an appeal has been taken shall be served upon the county auditor and the official preparing the ballot title. Upon the filing of the petition on appeal, the court shall immediately, or at the time to which a hearing may be adjourned by consent of the appellants, examine the proposed measure, the ballot title filed, and the objections to it and may hear arguments on it, and shall as soon as possible render its decision and certify to and file with the county auditor a ballot title that it determines will meet the requirements of this chapter. The decision of the superior court is final, and the ballot title or statement so certified will be the established ballot title. The appeal must be heard without cost to either party.
[ 2003 c 111 s 909. Prior: 2000 c 197 s 14; 1993 c 256 s 12; 1965 c 9 s 29.27.067; prior: 1953 c 242 s 4. Formerly RCW 29.27.067.]
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.

catchline: Local measures—Ballot title—Appeal.


title: RCW 29A.36.101

text:
Except for the candidates for president and vice president, or for a partisan or nonpartisan office for which no primary is required, the names of all candidates who, under this title, filed a declaration of candidacy must appear on the appropriate ballot at the primary throughout the jurisdiction for which they filed.
[ 2013 c 11 s 41; 2004 c 271 s 125.]

catchline: Names on primary ballot.


title: RCW 29A.36.111

text:
(1) Every ballot for a single combination of issues, offices, and candidates shall be uniform within a precinct and shall identify the type of primary or election, the county, and the date of the primary or election, and the ballot or voting device shall contain instructions on the proper method of recording a vote, including write-in votes. Each position, together with the names of the candidates for that office, shall be clearly separated from other offices or positions in the same jurisdiction. The offices in each jurisdiction shall be clearly separated from each other. No paper ballot or ballot card may be marked by or at the direction of an election official in any way that would permit the identification of the person who voted that ballot.
(2) An elections [election] official may not enter into or extend any contract with a vendor if such contract may allow the vendor to acquire an ownership interest in any data pertaining to any voter, any voter's address, registration number, or history, or any ballot.
[ 2009 c 414 s 1; 2004 c 271 s 128.]

catchline: Uniformity, arrangement, contents required—Contracts with vendors.


title: RCW 29A.36.115

text:
All provisional ballots must be visually distinguishable from other ballots and incapable of being tabulated by a voting system.
[ 2011 c 10 s 31; 2005 c 243 s 3.]
Notes:
Notice to registered poll voters—Elections by mail—2011 c 10: See note following RCW 29A.04.008.

catchline: Provisional ballots.


title: RCW 29A.36.121

text:
(1) The positions or offices on a primary consolidated ballot shall be arranged in substantially the following order: United States senator; United States representative; governor; lieutenant governor; secretary of state; state treasurer; state auditor; attorney general; commissioner of public lands; superintendent of public instruction; insurance commissioner; state senator; state representative; county officers; justices of the supreme court; judges of the court of appeals; judges of the superior court; and judges of the district court. For all other jurisdictions on the primary ballot, the offices in each jurisdiction shall be grouped together and be in the order of the position numbers assigned to those offices, if any.
(2) The order of the positions or offices on a general election ballot shall be substantially the same as on a primary ballot except that state ballot issues must be placed before all offices. The offices of president and vice president of the United States shall precede all other offices on a presidential election ballot. The positions on a ballot to be assigned to ballot measures regarding local units of government shall be established by the secretary of state by rule.
[ 2013 c 11 s 42; 2004 c 271 s 129.]

catchline: Order of positions or offices.


title: RCW 29A.36.131

text:
After the close of business on the last day for candidates to file for office, the filing officer shall determine by lot the order in which the names of those candidates will appear on all ballots. The determination shall be done publicly and may be witnessed by the media and by any candidate. If no primary is required, the names shall appear on the general election ballot in the order determined by lot.
[ 2013 c 11 s 43; 2011 c 10 s 32; 2004 c 271 s 130.]
Notes:
Notice to registered poll voters—Elections by mail—2011 c 10: See note following RCW 29A.04.008.

catchline: Order of candidates on ballots.


title: RCW 29A.36.151

text:
Except in each county with a population of one million or more, on or before the fifteenth day before a primary or election, the county auditor shall prepare a sample ballot which shall be made readily available to members of the public. The secretary of state shall adopt rules governing the preparation of sample ballots in counties with a population of one million or more. The rules shall permit, among other alternatives, the preparation of more than one sample ballot by a county with a population of one million or more for a primary or election, each of which lists a portion of the offices and issues to be voted on in that county. The position of precinct committee officer shall be shown on the sample ballot for the primary, but the names of candidates for the individual positions need not be shown.
[ 2004 c 271 s 131.]

catchline: Sample ballots.


title: RCW 29A.36.161

text:
(1) On the top of each ballot must be printed:
(a) Clear and concise instructions directing the voter how to mark the ballot, including write-in votes; and
(b) The following statement: "For a list of the people and organizations that donated to state and local candidates and ballot measure campaigns, visit www.pdc.wa.gov." The secretary of state may substitute such language as is necessary for accuracy and clarity and consistent with the intent of this section. Alternately, at the discretion of the county auditor or local election official, the statement required by this subsection (1)(b) may be printed in a prominent position on the ballot envelope and in the materials that accompany the ballot.
(2) The ballot must have a clear delineation between the ballot instructions and the first ballot measure or office through the use of white space, illustration, shading, color, symbol, font size, or bold type. The secretary of state shall establish standards for ballot design and layout consistent with this section and RCW 29A.04.611.
(3) The questions of adopting constitutional amendments or any other state measure authorized by law to be submitted to the voters at that election must appear after the instructions and before any offices.
(4) In a year that president and vice president appear on the general election ballot, the names of candidates for president and vice president for each political party must be grouped together with a single response position for a voter to indicate his or her choice.
The major political party that received the highest number of votes from the electors of this state for the office of president of the United States at the last presidential election must appear first. Other major political parties must follow according to the votes cast for their nominees for president at the last presidential election. Independent candidates and minor parties must follow major parties and be listed in the order of their qualification with the secretary of state.
[ 2013 c 283 s 3; 2013 c 11 s 44; 2011 c 10 s 33; 2010 c 32 s 1; 2004 c 271 s 132.]
Notes:
Reviser's note: This section was amended by 2013 c 11 s 44 and by 2013 c 283 s 3, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Findings—Intent—2013 c 283: See note following RCW 29A.32.031.
Notice to registered poll voters—Elections by mail—2011 c 10: See note following RCW 29A.04.008.

catchline: Arrangement of instructions, measures, offices—Order of candidates.


title: RCW 29A.36.170

text:
(1) For any office for which a primary was held, only the names of the top two candidates will appear on the general election ballot; the name of the candidate who received the greatest number of votes will appear first and the candidate who received the next greatest number of votes will appear second. No candidate's name may be printed on the subsequent general election ballot unless he or she receives at least one percent of the total votes cast for that office at the preceding primary, if a primary was conducted. On the ballot at the general election for an office for which no primary was held, the names of the candidates shall be listed in the order determined under RCW ((29A.36.130))29A.36.131.
(2) For the office of justice of the supreme court, judge of the court of appeals, judge of the superior court, judge of the district court, or state superintendent of public instruction, if a candidate in a contested primary receives a majority of all the votes cast for that office or position, only the name of that candidate may be printed for that position on the ballot at the general election.
[ 2013 c 11 s 45. Prior: 2005 c 2 s 6 (Initiative Measure No. 872, approved November 2, 2004); (2004 c 271 s 193 repealed by the legislature); 2003 c 111 s 917; prior: 1992 c 181 s 2; 1990 c 59 s 95. Formerly RCW 29.30.085.]
PDF
RCW 29A.36.170
Top two candidates qualified for general election (as amended by 2013 c 143).
(((1))) For any office for which a primary was held, only the names of the top two candidates will appear on the general election ballot; the name of the candidate who received the greatest number of votes will appear first and the candidate who received the next greatest number of votes will appear second. No candidate's name may be printed on the subsequent general election ballot unless he or she receives at least one percent of the total votes cast for that office at the preceding primary, if a primary was conducted. On the ballot at the general election for an office for which no primary was held, the names of the candidates shall be listed in the order determined ((under))pursuant to RCW ((29A.36.130))29A.36.131.
(((2) For the office of justice of the supreme court, judge of the court of appeals, judge of the superior court, or state superintendent of public instruction, if a candidate in a contested primary receives a majority of all the votes cast for that office or position, only the name of that candidate may be printed for that position on the ballot at the general election.))
[ 2013 c 143 s 1. Prior: 2005 c 2 s 6 (Initiative Measure No. 872, approved November 2, 2004); (2004 c 271 s 193 repealed by the legislature); 2003 c 111 s 917; prior: 1992 c 181 s 2; 1990 c 59 s 95. Formerly RCW 29.30.085.]
Notes:
Reviser's note: RCW 29A.36.170 was amended twice during the 2013 legislative session, each without reference to the other. For rule of construction concerning sections amended more than once during the same legislative session, see RCW 1.12.025.
Short title—Intent—Contingent effective date—2005 c 2 (Initiative Measure No. 872): See notes following RCW 29A.52.112.
Effective date—1992 c 181: See note following RCW 29A.36.180.
Intent—Effective date—1990 c 59: See notes following RCW 29A.04.013.

catchline: Top two candidates qualified for general election—Exception (as amended by 2013 c 11).


title: RCW 29A.36.180

text:
This section applies if a candidate for an elective office of a city, town, or special purpose district would, under this chapter, otherwise qualify to have his or her name printed on the general election ballot for the office, but the candidate has been declared to be unqualified to hold the office by a court of competent jurisdiction.
(1) In a case in which a primary is conducted for the office:
(a) If ballots for the general election for the office have not been ordered by the county auditor, the candidate who received the third greatest number of votes for the office at the primary shall qualify as a candidate for general election and that candidate's name shall be printed on the ballot for the office in lieu of the name of the disqualified candidate.
(b) If general election ballots for the office have been so ordered, votes cast for the disqualified candidate at the general election for the office shall not be counted for that office.
(2) In a case in which a primary is not conducted for the office:
(a) If ballots for the general election for the office have not been ordered by the county auditor, the name of the disqualified candidate shall not appear on the general election ballot for the office.
(b) If general election ballots for the office have been so ordered, votes cast for the disqualified candidate at the general election for the office shall not be counted for that office.
(3) If the disqualified candidate is the only candidate to have filed for the office during a regular or special filing period for the office, a void in candidacy for the office exists.
[ 2003 c 111 s 918. Prior: 1992 c 181 s 1. Formerly RCW 29.30.086.]
Notes:
Effective date—1992 c 181: "This act shall take effect July 1, 1992." [ 1992 c 181 s 3.]

catchline: Disqualified candidates in nonpartisan elections—Special procedures for conduct of election.


title: RCW 29A.36.201

text:
The names of candidates certified by the secretary of state or the county canvassing board as qualified to appear on the general election shall be printed on the general election ballot.
If a primary for an office was held, no name of any candidate shall be placed upon the ballot at a general or special election unless it appears upon the certificate of either (1) the secretary of state, or (2) the county canvassing board.
Excluding the office of precinct committee officer or a temporary elected position such as a charter review board member or freeholder, a candidate's name shall not appear on a ballot more than once.
[ 2013 c 11 s 46; 2004 c 271 s 171.]

catchline: Names qualified to appear on election ballot.


title: RCW 29A.36.210

text:
(1) The ballot proposition authorizing a taxing district to impose the regular property tax levies authorized in RCW 36.68.525, 36.69.145, 67.38.130, 84.52.069, or 84.52.135 must contain in substance the following:
"Will the . . . . . . (insert the name of the taxing district) be authorized to impose regular property tax levies of . . . . . . (insert the maximum rate) or less per thousand dollars of assessed valuation for each of . . . . . . (insert the maximum number of years allowable) consecutive years?
Yes . . . . . . . . . . . .□
No . . . . . . . . . . . .□"
Each voter may indicate either "Yes" or "No" on his or her ballot in accordance with the procedures established under this title.
(2) The ballot proposition authorizing a taxing district to impose a permanent regular tax levy under RCW 84.52.069 must contain in substance the following:
"Will the . . . . . (insert the name of the taxing district) be authorized to impose a PERMANENT regular property levy of . . . . . (insert the maximum rate) or less per thousand dollars of assessed valuation?
Yes . . . . . . . . . . . .□
No . . . . . . . . . . . .□"
[ 2010 c 106 s 301; 2004 c 80 s 2; 2003 c 111 s 921. Prior: 1999 c 224 s 2; 1984 c 131 s 3. Formerly RCW 29.30.111.]
Notes:
Effective date—2010 c 106: See note following RCW 35.102.145.
Effective date—2004 c 80: See note following RCW 84.52.135.
Application—1999 c 224: See note following RCW 84.52.069.
Purpose—1984 c 131 ss 3-9: "The purpose of sections 3 through 6 of this act is to clarify requirements necessary for voters to authorize certain local governments to impose regular property tax levies for a series of years. Sections 3 through 9 of this act only clarify the existing law to avoid credence being given to an erroneous opinion that has been rendered by the attorney general. As cogently expressed in Attorney General Opinion, Number 14, Addendum, opinions rendered by the attorney general are advisory only and are merely a "prediction of the outcome if the matter were to be litigated." Nevertheless, confusion has arisen from this erroneous opinion." [ 1984 c 131 s 2.]

catchline: Property tax levies—Ballot form.


title: RCW 29A.36.220

text:
The cost of printing and mailing ballots, envelopes, and instructions shall be an election cost that shall be borne as determined under RCW 29A.04.410 and 29A.04.420, as appropriate.
[ 2011 c 10 s 34; 2003 c 111 s 922. Prior: 1990 c 59 s 16; 1965 c 9 s 29.30.130; prior: 1889 p 400 s 1; RRS s 5269. Formerly RCW 29.30.130.]
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: Expense of printing and mailing ballots, envelopes, and instructions.


title: RCW 29A.36.230

text:
The election on the single ballot proposition described in RCW 36.120.070 and 81.112.030(10) must be conducted by the auditor of each component county in accordance with the general election laws of the state, except as provided in this section. Notice of the election must be published in one or more newspapers of general circulation in each component county in the manner provided in the general election laws. The single joint ballot proposition required under RCW 36.120.070 and 81.112.030(10) must be in substantially the following form:
"REGIONAL TRANSPORTATION INVESTMENT DISTRICT (RTID)
AND
REGIONAL TRANSIT AUTHORITY (RTA)
PROPOSITION #1
REGIONAL ROADS AND TRANSIT SYSTEM
To reduce transportation congestion, increase road capacity, promote safety, facilitate mobility, provide for an integrated regional transportation system, and improve the health, welfare, and safety of the citizens of Washington, shall a regional transit authority (RTA) implement a regional rail and transit system to link [insert geographic references] as described in [insert plan name], financed by [insert taxes] imposed by RTA, all as provided in Resolution No. [insert number]; and shall a regional transportation investment district (RTID) be formed and authorized to implement and invest in improving the regional transportation system by replacing vulnerable bridges, improving safety, and increasing capacity on state and local roads to further link major education, employment, and retail centers described in [insert plan name] financed by [insert taxes] imposed by RTID, all as provided in Resolution No. [insert number]; further provided that the RTA taxes shall be imposed only within the boundaries of the RTA, and the RTID taxes shall be imposed only within the boundaries of the RTID?
Yes . . . . . . . . . . . . . . . . . . . . . . . .□
No . . . . . . . . . . . . . . . . . . . . . . . .□"
[ 2007 c 509 s 4.]
Notes:
Findings—Intent—Constitutional challenges—Expedited appeals—Severability—Effective date—2007 c 509: See notes following RCW 36.120.070.

catchline: Regional transportation investment district and regional transit authority single ballot.


title: RCW 29A.40.010

text:
Each active registered voter of the state, overseas voter, and service voter shall automatically be issued a mail ballot for each general election, special election, or primary. Overseas voters and service voters are authorized to cast the same ballots, including those for special elections, as a registered voter of the state would receive under this chapter. Each active registered voter shall continue to receive a ballot by mail until the death or disqualification of the voter, cancellation of the voter's registration, or placing the voter on inactive status.
[ 2013 c 11 s 47; 2011 c 10 s 35; 2009 c 369 s 36; 2003 c 111 s 1001. Prior: 2001 c 241 s 1; 1991 c 81 s 29; 1987 c 346 s 9; 1986 c 167 s 14; 1985 c 273 s 1; 1984 c 27 s 1; 1977 ex.s. c 361 s 76; 1974 ex.s. c 35 s 1; 1971 ex.s. c 202 s 37; 1965 c 9 s 29.36.010; prior: 1963 ex.s. c 23 s 1; 1955 c 167 s 2; prior: (i) 1950 ex.s. c 8 s 1; 1943 c 72 s 1; 1933 ex.s. c 41 s 1; 1923 c 58 s 1; 1921 c 143 s 1; 1917 c 159 s 1; 1915 c 189 s 1; Rem. Supp. 1943 s 5280. (ii) 1933 ex.s. c 41 s 2, part; 1923 c 58 s 2, part; 1921 c 143 s 2, part; 1917 c 159 s 2, part; 1915 c 189 s 2, part; RRS s 5281, part. Formerly RCW 29.36.210, 29.36.010.]
Notes:
Notice to registered poll voters—Elections by mail—2011 c 10: See note following RCW 29A.04.008.
Effective date—1991 c 81: See note following RCW 29A.84.540.
Legislative intent—1987 c 346: "By this act the legislature intends to combine and unify the laws and procedures governing absentee voting. These amendments are intended: (1) To clarify and incorporate into a single chapter of the Revised Code of Washington the preexisting statutes under which electors of this state qualify for absentee ballots under state law, federal law, or a combination of both state and federal law, and (2) to insure uniformity in the application, issuance, receipt, and canvassing of these absentee ballots. Nothing in this act is intended to impose any new requirement on the ability of the registered voters or electors of this state to qualify for, receive, or cast absentee ballots in any primary or election." [ 1987 c 346 s 1.]
Effective date—1987 c 346: "This act shall take effect on January 1, 1988." [ 1987 c 346 s 25.]
Severability—1986 c 167: See note following RCW 29A.16.040.
Effective date—Severability—1977 ex.s. c 361: See notes following RCW 29A.16.040.

catchline: Ballots by mail.


title: RCW 29A.40.020

text:
(1) A request for a ballot from an overseas voter or service voter must include the address of the last residence in the state of Washington.
(2) No person, organization, or association may distribute any ballot materials that contain a return address other than that of the appropriate county auditor.
[ 2011 c 10 s 36; 2009 c 369 s 37; 2003 c 111 s 1002; 2001 c 241 s 2. Formerly RCW 29.36.220.]
Notes:
Notice to registered poll voters—Elections by mail—2011 c 10: See note following RCW 29A.04.008.

catchline: Request for ballot from an overseas voter or service voter.


title: RCW 29A.40.050

text:
(1) County auditors shall provide special absentee ballots to be used for state primary or state general elections. An auditor shall provide a special absentee ballot only to a registered voter who completes an application stating that she or he will be unable to vote and return a regular ballot by normal mail delivery within the period provided for regular ballots.
A special absentee ballot may not be requested more than ninety days before the applicable state primary or general election. The special absentee ballot will list the offices and measures, if known, scheduled to appear on the state primary or general election ballot. The voter may use the special absentee ballot to write in the name of any eligible candidate for each office and vote on any measure.
(2) The county auditor shall include a listing of any candidates who have filed before the time of the application for offices that will appear on the ballot at that primary or election and a list of any issues that have been referred to the ballot before the time of the application.
(3) Write-in votes on special absentee ballots must be counted in the same manner provided by law for the counting of other write-in votes. The county auditor shall process and canvass the special absentee ballots provided under this section in the same manner as other ballots under this chapter and chapter 29A.60 RCW.
(4) A voter who requests a special absentee ballot under this section may also request a regular ballot. If the regular absentee ballot is properly voted and returned, the special absentee ballot is void, and the county auditor shall reject it in whole when special absentee ballots are canvassed.
[ 2011 c 10 s 37; 2003 c 111 s 1005; 2001 c 241 s 5; 1991 c 81 s 35; 1987 c 346 s 21. Formerly RCW 29.36.250, 29.36.170.]
Notes:
Notice to registered poll voters—Elections by mail—2011 c 10: See note following RCW 29A.04.008.
Effective date—1991 c 81: See note following RCW 29A.84.540.
Legislative intent—Effective date—1987 c 346: See notes following RCW 29A.40.010.

catchline: Special ballots.


title: RCW 29A.40.070

text:
(1) Except where a recount or litigation is pending, the county auditor must mail ballots to each voter at least eighteen days before each primary or election, and as soon as possible for all subsequent registration changes.
(2) Except where a recount or litigation is pending, the county auditor must mail ballots to each service and overseas voter at least thirty days before each special election, and at least forty-five days before each primary or general election, or any special election that involves federal office. A request for a ballot made by an overseas or service voter after that day must be processed immediately.
(3) A registered voter may obtain a replacement ballot if the ballot is destroyed, spoiled, lost, or not received by the voter. The voter may obtain the ballot by telephone request, by mail, electronically, or in person. The county auditor shall keep a record of each request for a replacement ballot.
(4) Each county auditor shall certify to the office of the secretary of state the dates the ballots were mailed, or the reason and date the ballots will be mailed if the ballots were not mailed timely.
(5) Failure to mail ballots as prescribed in this section does not by itself provide a basis for an election contest or other legal challenge to the results of a primary, general election, or special election.
[ 2013 c 11 s 48. Prior: 2011 c 349 s 16; 2011 c 10 s 38; 2006 c 344 s 13; 2004 c 266 s 13; prior: 2003 c 162 s 2; 2003 c 111 s 1007; prior: 1987 c 54 s 1; 1977 ex.s. c 361 s 56; 1965 ex.s. c 103 s 5; 1965 c 9 s 29.30.075; prior: 1949 c 161 s 10, part; 1947 c 234 s 2, part; 1935 c 26 s 1, part; 1921 c 178 s 4, part; 1907 c 209 s 8, part; Rem. Supp. 1949 s 5185, part. Formerly RCW 29.36.270, 29.30.075.]
Notes:
Effective date—2011 c 349: See note following RCW 29A.04.255.
Notice to registered poll voters—Elections by mail—2011 c 10: See note following RCW 29A.04.008.
Effective date—2006 c 344 ss 1-16 and 18-40: See note following RCW 29A.04.311.
Effective date—2004 c 266: See note following RCW 29A.04.575.
Policy—2003 c 162: "It is the policy of the state of Washington that individuals voting absentee and mail ballots receive their ballots in a timely and consistent manner before each election. Since many voters in Washington state have come to rely upon absentee and mail voting, mailing the ballots in a timely manner is critical in order to maximize participation by every eligible voter." [ 2003 c 162 s 1.]
Effective date—Severability—1977 ex.s. c 361: See notes following RCW 29A.16.040.

catchline: Date ballots mailed—Replacement ballots.


title: RCW 29A.40.091

text:
(1) The county auditor shall send each voter a ballot, a security envelope in which to conceal the ballot after voting, a larger envelope in which to return the security envelope, a declaration that the voter must sign, and instructions on how to obtain information about the election, how to mark the ballot, and how to return the ballot to the county auditor. The calendar date of the election must be prominently displayed in bold type, twenty-point font or larger, on the envelope sent to the voter containing the ballot and other materials listed in this subsection.
(2) The voter must swear under penalty of perjury that he or she meets the qualifications to vote, and has not voted in any other jurisdiction at this election. The declaration must clearly inform the voter that it is illegal to vote if he or she is not a United States citizen; it is illegal to vote if he or she is serving a sentence of total confinement under the jurisdiction of the department of corrections for a felony conviction or is currently incarcerated for a federal or out-of-state felony conviction; it is illegal to cast a ballot or sign a ballot declaration on behalf of another voter; and that the signature on the declaration will be compared to the signature in the voter's registration file. The ballot materials must provide space for the voter to sign the declaration, indicate the date on which the ballot was voted, and include a telephone number.
(3) For overseas and service voters, the signed declaration constitutes the equivalent of a voter registration. Return envelopes for overseas and service voters must enable the ballot to be returned postage free if mailed through the United States postal service, United States armed forces postal service, or the postal service of a United States foreign embassy under 39 U.S.C. 3406.
(4) The voter must be instructed to either return the ballot to the county auditor no later than 8:00 p.m. the day of the election or primary, or mail the ballot to the county auditor with a postmark no later than the day of the election or primary. Return envelopes for all election ballots must include prepaid postage. Service and overseas voters must be provided with instructions and a privacy sheet for returning the ballot and signed declaration by fax or email. A voted ballot and signed declaration returned by fax or email must be received by 8:00 p.m. on the day of the election or primary.
(5) The county auditor's name may not appear on the security envelope, the return envelope, or on any voting instructions or materials included with the ballot if he or she is a candidate for office during the same year.
(6) For purposes of this section, "prepaid postage" means any method of return postage paid by the county or state.
[ 2024 c 269 s 7; (2024 c 269 s 6 expired June 1, 2025); 2021 c 10 s 3; 2020 c 12 s 1; 2019 c 161 s 3; 2016 c 83 s 3; 2013 c 11 s 49. Prior: 2011 c 349 s 17; 2011 c 348 s 3; 2011 c 182 s 1; 2011 c 10 s 39; 2010 c 125 s 1; 2009 c 369 s 39; 2005 c 246 s 21; 2004 c 271 s 135.]
Notes:
Effective date—2024 c 269 s 7: "Section 7 of this act takes effect June 1, 2025." [ 2024 c 269 s 14.]
Expiration date—2024 c 269 s 6: "Section 6 of this act expires June 1, 2025." [ 2024 c 269 s 13.]
Effective date—2021 c 10: See note following RCW 29A.08.520.
Findings—2019 c 161: "The legislature finds that voting by mail has many advantages. However, the legislature also finds that while the cost of ballot return postage may only be a small amount, passing the burden along to Washington's citizens, many of whom no longer need stamps in their everyday lives, is an unnecessary barrier to fully participate in the democratic process. The legislature further finds that in order to continue to increase participation in our democracy, we must lower all barriers to participation in the democratic process. The legislature finds that voting should be free for all citizens." [ 2019 c 161 s 1.]
Effective date—2019 c 161: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2019." [ 2019 c 161 s 4.]
Effective date—2011 c 349: See note following RCW 29A.04.255.
Notice to registered poll voters—Elections by mail—2011 c 10: See note following RCW 29A.04.008.
Effective date—2005 c 246: See note following RCW 10.64.140.

catchline: Envelopes, declaration, and instructions—Voter's oath—Overseas and service voters—Return of ballots—County auditor's name.


title: RCW 29A.40.100

text:
County auditors must request that observers be appointed by the major political parties to be present during the processing of ballots at the counting center. County auditors have discretion to also request that observers be appointed by any campaigns or organizations. The absence of the observers will not prevent the processing of ballots if the county auditor has requested their presence. Observers may not touch any ballots, ballot materials, or election systems. Unauthorized physical contact, or access to ballots or election systems[,] is a crime subject to punishment under chapter 29A.84 RCW.
[ 2024 c 28 s 3; 2011 c 10 s 40; 2003 c 111 s 1010. Prior: 2001 c 241 s 9. Formerly RCW 29.36.300.]
Notes:
Notice to registered poll voters—Elections by mail—2011 c 10: See note following RCW 29A.04.008.

catchline: Observers.


title: RCW 29A.40.110

text:
(1) The opening and subsequent processing of return envelopes for any primary or election may begin upon receipt. The tabulation of absentee ballots must not commence until after 8:00 p.m. on the day of the primary or election.
(2) All received return envelopes must be placed in secure locations from the time of delivery to the county auditor until their subsequent opening. After opening the return envelopes, the county canvassing board shall place all of the ballots in secure storage until processing. Ballots may be taken from the inner envelopes and all the normal procedural steps may be performed to prepare these ballots for tabulation.
(3) The canvassing board, or its designated representatives, shall examine the postmark on the return envelope and signature on the declaration before processing the ballot. The ballot must either be received no later than 8:00 p.m. on the day of the primary or election, or must be postmarked no later than the day of the primary or election. All personnel assigned to verify signatures must receive training on statewide standards for signature verification. The county auditor shall publish on its website the names of all canvassing board members who received training on statewide standards for signature verification and the dates on which the training was completed. Personnel shall verify that the voter's signature on the ballot declaration is the same as the signature of that voter in the registration files of the county. Verification may be conducted by an automated verification system approved by the secretary of state. A variation between the signature of the voter on the ballot declaration and the signature of that voter in the registration files due to the substitution of initials or the use of common nicknames is permitted so long as the surname and handwriting are clearly the same. A county that is participating in the alternative verification options pilot project under RCW 29A.40.111 may also verify a voter's ballot using an alternative verification method approved by the office of the secretary of state.
(4) If the postmark is missing or illegible, the date on the ballot declaration to which the voter has attested determines the validity, as to the time of voting, for that ballot. For overseas voters and service voters, the date on the declaration to which the voter has attested determines the validity, as to the time of voting, for that ballot. Any overseas voter or service voter may return the signed declaration and voted ballot by fax or email by 8:00 p.m. on the day of the primary or election, and the county auditor must use established procedures to maintain the secrecy of the ballot.
[ 2024 c 269 s 8; 2024 c 138 s 2. Prior: 2011 c 349 s 18; 2011 c 348 s 4; 2011 c 10 s 41; 2009 c 369 s 40; prior: 2006 c 207 s 4; 2006 c 206 s 6; 2005 c 243 s 5; 2003 c 111 s 1011; prior: 2001 c 241 s 10; 1991 c 81 s 32; 1987 c 346 s 14; 1977 ex.s. c 361 s 78; 1973 c 140 s 1; 1965 c 9 s 29.36.060; prior: 1963 ex.s. c 23 s 5; 1955 c 167 s 7; 1955 c 50 s 2; prior: 1933 ex.s. c 41 s 5, part; 1921 c 143 s 6, part; 1917 c 159 s 4, part; 1915 c 189 s 4, part; RRS s 5285, part. Formerly RCW 29.36.310, 29.36.060.]
Notes:
Reviser's note: This section was amended by 2024 c 138 s 2 and by 2024 c 269 s 8, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Expiration date—2024 c 138: See note following RCW 29A.40.111.
Effective date—2011 c 349: See note following RCW 29A.04.255.
Notice to registered poll voters—Elections by mail—2011 c 10: See note following RCW 29A.04.008.
Effective date—1991 c 81: See note following RCW 29A.84.540.
Legislative intent—Effective date—1987 c 346: See notes following RCW 29A.40.010.
Effective date—Severability—1977 ex.s. c 361: See notes following RCW 29A.16.040.
County canvassing board, meeting to process ballots, canvass returns: RCW 29A.60.160.
Unsigned ballot declarations: RCW 29A.60.165.
PDF
RCW 29A.40.110
Processing incoming ballots. (Effective January 1, 2029.)
(1) The opening and subsequent processing of return envelopes for any primary or election may begin upon receipt. The tabulation of absentee ballots must not commence until after 8:00 p.m. on the day of the primary or election.
(2) All received return envelopes must be placed in secure locations from the time of delivery to the county auditor until their subsequent opening. After opening the return envelopes, the county canvassing board shall place all of the ballots in secure storage until processing. Ballots may be taken from the inner envelopes and all the normal procedural steps may be performed to prepare these ballots for tabulation.
(3) The canvassing board, or its designated representatives, shall examine the postmark on the return envelope and signature on the declaration before processing the ballot. The ballot must either be received no later than 8:00 p.m. on the day of the primary or election, or must be postmarked no later than the day of the primary or election. All personnel assigned to verify signatures must receive training on statewide standards for signature verification. The county auditor shall publish on its website the names of all canvassing board members who received training on statewide standards for signature verification and the dates on which the training was completed. Personnel shall verify that the voter's signature on the ballot declaration is the same as the signature of that voter in the registration files of the county. Verification may be conducted by an automated verification system approved by the secretary of state. A variation between the signature of the voter on the ballot declaration and the signature of that voter in the registration files due to the substitution of initials or the use of common nicknames is permitted so long as the surname and handwriting are clearly the same.
(4) If the postmark is missing or illegible, the date on the ballot declaration to which the voter has attested determines the validity, as to the time of voting, for that ballot. For overseas voters and service voters, the date on the declaration to which the voter has attested determines the validity, as to the time of voting, for that ballot. Any overseas voter or service voter may return the signed declaration and voted ballot by fax or email by 8:00 p.m. on the day of the primary or election, and the county auditor must use established procedures to maintain the secrecy of the ballot.
[ 2024 c 269 s 8. Prior: 2011 c 349 s 18; 2011 c 348 s 4; 2011 c 10 s 41; 2009 c 369 s 40; prior: 2006 c 207 s 4; 2006 c 206 s 6; 2005 c 243 s 5; 2003 c 111 s 1011; prior: 2001 c 241 s 10; 1991 c 81 s 32; 1987 c 346 s 14; 1977 ex.s. c 361 s 78; 1973 c 140 s 1; 1965 c 9 s 29.36.060; prior: 1963 ex.s. c 23 s 5; 1955 c 167 s 7; 1955 c 50 s 2; prior: 1933 ex.s. c 41 s 5, part; 1921 c 143 s 6, part; 1917 c 159 s 4, part; 1915 c 189 s 4, part; RRS s 5285, part. Formerly RCW 29.36.310, 29.36.060.]
Notes:
Effective date—2011 c 349: See note following RCW 29A.04.255.
Notice to registered poll voters—Elections by mail—2011 c 10: See note following RCW 29A.04.008.
Effective date—1991 c 81: See note following RCW 29A.84.540.
Legislative intent—Effective date—1987 c 346: See notes following RCW 29A.40.010.
Effective date—Severability—1977 ex.s. c 361: See notes following RCW 29A.16.040.
County canvassing board, meeting to process ballots, canvass returns: RCW 29A.60.160.
Unsigned ballot declarations: RCW 29A.60.165.

catchline: Processing incoming ballots. (Effective until January 1, 2029.)


title: RCW 29A.40.111

text:
(1) The secretary of state shall establish the alternative verification options pilot project. The purpose of the pilot project is to allow for the development and testing of supplemental methods, other than signature verification, to verify that a ballot was filled out and returned by the intended voter.
(2) Any county may apply to participate in the alternative verification options pilot project. The county auditor of any county that wishes to participate in the pilot project must submit an application to the office of the secretary of state. The office of the secretary of state must approve the county auditor's application before the county can participate in the pilot project.
(a) The application submitted by the county auditor must include at least the following:
(i) A description of the alternative verification method or methods the county auditor plans to utilize and how the method or methods comply with the requirements of (b) of this subsection;
(ii) Details on how the proposed alternative verification method or methods will be implemented; and
(iii) Which election the county plans to use the proposed alternative verification method or methods in.
(b) Each alternative verification method proposed for use in the pilot project must:
(i) Allow the voter to submit clear evidence which can be verified by the county auditor indicating that the intended voter was the one who filled out and returned the ballot;
(ii) Establish criteria for determining accepted and failed verifications;
(iii) Require the voter to attest to the ballot declaration; and
(iv) Be compatible with the centralized statewide voter registration list maintained by the secretary of state.
(c) Counties may participate in the pilot project during any special election held on the second Tuesday in February or the fourth Tuesday in April as provided in RCW 29A.04.321 and 29A.04.330. A county may not participate in the pilot project during a special election held in a jurisdiction that is not wholly contained within one county, unless all counties involved in the special election agree to participate jointly in the pilot project.
(d) Each application to participate in the pilot project shall be limited to the special election or elections held on a single date. A county may participate in the pilot project during multiple special election dates, but the county auditor must submit a separate application for approval by the office of the secretary of state for each special election date.
(e) The office of the secretary of state shall review each application, the feasibility of each proposed alternative verification method and whether each proposed alternative verification method complies with the requirements of (b) of this subsection before determining whether to approve or deny the application.
(f) The secretary of state may establish additional rules governing application content, application submittal, and the application approval process as necessary, including deadlines for the submittal and approval of applications before each special election.
(g) The secretary of state may establish reasonable rules related to the standards and procedures for the examination and testing of alternative verification systems.
(h)(i) If the application is approved by the secretary of state, not later than 90 days before the election, the county auditor shall notify each city, town, or special taxing district located wholly within that county that an alternative verification option will be used.
(ii) Each unit of local government may petition the legislative authority of the county for a waiver to opt out of this pilot project. The legislative authority of the county may provide such a waiver if it does so not later than 60 days before the election and it finds that the waiver is reasonable.
(iii) If a waiver is granted, no precincts within the unit of local government may use the alternative verification option.
(3) During the special election in which a county is participating in the alternative verification options pilot project, the county may accept and canvass any ballot that can be verified as being returned by the intended voter through an alternative verification method that was approved by the secretary of state for use by that county in the pilot project, even if a signature that matches a signature of that voter in the registration files of the county is not included with the ballot declaration as normally required by RCW 29A.40.110.
(a) The county auditor must notify the governing authorities of all jurisdictions with a race or measure on the ballot that the county is participating in the alternative verification options pilot project and provide information on the alternative verification method or methods that have been approved for use as soon as practicable after receiving approval from the secretary of state.
(b) Any voter in a county participating in the pilot project must still have their ballot counted if the signature on the ballot declaration matches a signature of that voter in the registration files of the county. The alternative verification method or methods utilized by the county for the pilot project may not entirely replace signature verification.
(c) If a voter has returned a ballot attempting to utilize an alternative verification method, but the county auditor is unable to verify that the ballot was returned by that voter, the county auditor shall follow the same procedures as if the voter neglected to sign the ballot declaration as outlined in RCW 29A.60.165.
(d) Any information provided by the voter in order to verify that they voted the ballot as part of the pilot project is exempt from public disclosure following the same rules as pertain to voter signatures on ballot return envelopes in RCW 29A.04.260 and 42.56.425.
(4)(a) The county auditor shall provide a report to the secretary of state on their participation in the alternative verification options pilot project no later than 30 days after the certification of each special election in which their county participates in the pilot project. This report must describe the alternative verification method or methods utilized, the number of voters that used each method, the ballot rejection rate for that election and a comparison to the ballot rejection rate for prior similar elections in that county, and any relevant information related to the administration of each method.
(b) The secretary of state shall provide reports on the progress of the alternative verification options pilot project to the governor, appropriate committees of the legislature, and county auditors no later than December 31st of each year. The report must describe the alternative verification methods utilized by each county that year, the number of voters that used each method in each election, the impact of alternative verification methods on ballot rejection rates, and any relevant other findings of the pilot project.
(c) The secretary of state shall provide a final report on the alternative verification options pilot project to the governor, appropriate committees of the legislature, and county auditors no later than December 31, 2028. The report must describe all alternative verification methods utilized by each county, the number of voters that used each method in each election, the impact of alternative verification methods on ballot rejection rates, and any other relevant findings of the pilot project.
[ 2024 c 138 s 1.]
Notes:
Expiration date—2024 c 138: "This act expires January 1, 2029." [ 2024 c 138 s 3.]

catchline: Processing incoming ballots—Alternative verification options pilot project. (Expires January 1, 2029.)


title: RCW 29A.40.130

text:
Each county auditor shall maintain in his or her office, open for public inspection, a record of all voters issued a ballot and all voters who returned a ballot. For each primary, special election, or general election, any political party, committee, or person may request a list of all registered voters who have or have not voted. Such requests shall be handled as public records requests pursuant to chapter 42.56 RCW.
[ 2011 c 10 s 42; 2003 c 111 s 1013. Prior: 1991 c 81 s 33; 1987 c 346 s 17; 1973 1st ex.s. c 61 s 1. Formerly RCW 29.36.340, 29.36.097.]
Notes:
Notice to registered poll voters—Elections by mail—2011 c 10: See note following RCW 29A.04.008.
Effective date—1991 c 81: See note following RCW 29A.84.540.
Legislative intent—Effective date—1987 c 346: See notes following RCW 29A.40.010.

catchline: Record of voters issued a ballot and voters who returned a ballot—Public access.


title: RCW 29A.40.160

text:
(1) Each county auditor shall open a voting center each primary, special election if the county is conducting an election, and general election. The voting center shall be open during business hours during the voting period, which begins eighteen days before, and ends at 8:00 p.m. on the day of, the primary, special election if the county is conducting an election, or general election.
(2) Each county auditor shall open a voting center at each of the following locations in the county:
(a) At the county auditor's office or at the division of elections that is in a separate location from the county auditor's office; and
(b) For each presidential general election, in each city in the county with a population of one hundred thousand or greater which does not have a voting center as required in (a) of this subsection. A voting center opened pursuant to this subsection (2) is not required to be open on the Sunday before the presidential election.
(3) Voting centers shall be located in public buildings or buildings that are leased by a public entity including, but not limited to, libraries.
(4) Each voting center, and at least one of the other locations designated by the county auditor to allow voters to register in person pursuant to RCW 29A.08.140(1)(b), must provide voter registration materials, ballots, provisional ballots, disability access voting units, sample ballots, instructions on how to properly vote the ballot, a ballot drop box, and voters' pamphlets, if a voters' pamphlet has been published.
(5) Each voting center must be accessible to persons with disabilities. Each state agency and entity of local government shall permit the use of any of its accessible facilities as voting centers when requested by a county auditor.
(6) Each voting center must provide at least one voting unit certified by the secretary of state that provides access to individuals who are blind or visually impaired, enabling them to vote with privacy and independence.
(7) No person may interfere with a voter attempting to vote in a voting center. Interfering with a voter attempting to vote is a violation of RCW 29A.84.510. The county auditor shall designate by administrative rule a specific point or points as the entrance to each voting center, taking into account the unique attributes of the voting center, to assure that voters have the ability to arrive and depart unimpeded.
(8) No person may interfere with the operation of a voting center. Interfering with the operation of a voting center is a violation of RCW 29A.84.510. This prohibition includes unauthorized access or handling of ballots, and unauthorized access to any voting equipment or election systems. Unauthorized access includes elected officials and county staff accessing systems in any manner not required by their job function.
(9) Before opening the voting center, the voting equipment shall be inspected to determine if it has been properly prepared for voting. If the voting equipment is capable of direct tabulation of each voter's choices, the county auditor shall verify that no votes have been registered for any issue or office, and that the device has been sealed with a unique numbered seal at the time of final preparation and logic and accuracy testing. A log must be made of all device numbers and seal numbers.
(10) The county auditor shall require any person desiring to vote at a voting center to either sign a ballot declaration or provide identification.
(a) The signature on the declaration must be compared to the signature on the voter registration record before the ballot may be counted. If the voter registered using a mark, or can no longer sign the voter's name, the election officers shall require the voter to be identified by another registered voter.
(b) The identification must be valid photo identification, such as a driver's license, state identification card, student identification card, tribal identification card, or employer identification card. A tribal identification card is not required to include a residential address or an expiration date to be considered valid under this section. Any individual who desires to vote in person but cannot provide identification shall be issued a provisional ballot, which shall be accepted if the signature on the declaration matches the signature on the voter's registration record.
(11) Provisional ballots must be accompanied by a declaration and security envelope, as required by RCW 29A.40.091, and space for the voter's name, date of birth, current and former registered address, reason for the provisional ballot, and disposition of the provisional ballot. The voter shall vote and return the provisional ballot at the voting center. The voter must be provided information on how to ascertain whether the provisional ballot was counted and, if applicable, the reason why the vote was not counted.
(12) Any voter may take printed or written material into the voting device to assist in casting votes. The voter shall not use this material to electioneer and shall remove it when leaving the voting center.
(13) If any voter states that the voter is unable to cast a vote due to a disability, the voter may designate a person of the voter's choice, or two election officers, to enter the voting booth and record the votes as the voter directs.
(14) No voter is entitled to vote more than once at a primary, special election, or general election. If a voter incorrectly marks a ballot, the voter may be issued a replacement ballot.
(15) A voter who has already returned a ballot but requests to vote at a voting center shall be issued a provisional ballot. The canvassing board shall not count the provisional ballot if it finds that the voter has also voted a regular ballot in that primary, special election, or general election.
(16) Any voter who is inside or in line at the voting center at 8:00 p.m. on the day of the primary, special election, or general election must be allowed to vote.
(17) For each primary, special election, and general election, the county auditor may provide election services at locations in addition to the voting center. The county auditor has discretion to establish which services will be provided at the additional locations, and which days and hours the locations will be open.
[ 2024 c 28 s 4; 2022 c 69 s 1; 2019 c 6 s 6; 2018 c 112 s 4; 2017 c 327 s 1; 2011 c 10 s 43.]
Notes:
Effective date—2018 c 112 ss 1-4: See note following RCW 29A.08.140.
Notice to registered poll voters—Elections by mail—2011 c 10: See note following RCW 29A.04.008.

catchline: Voting centers.


title: RCW 29A.40.170

text:
(1) The county auditor must prevent overflow of each ballot drop box to allow a voter to deposit his or her ballot securely. Ballots must be removed from a ballot drop box by at least two people, with a record kept of the date and time ballots were removed, and the names of people removing them. Ballots from drop boxes must be returned to the counting center in secured transport containers. A copy of the record must be placed in the container, and one copy must be transported with the ballots to the counting center, where the seal number must be verified by the county auditor or a designated representative. All ballot drop boxes must be secured at 8:00 p.m. on the day of the primary, special election, or general election.
(2) The county auditor must establish a minimum of one ballot drop box per fifteen thousand registered voters in the county and a minimum of one ballot drop box in each city, town, and census-designated place in the county with a post office.
(3) At the request of a federally recognized Indian tribe with a reservation in the county, the county auditor must establish at least one ballot drop box on the Indian reservation on a site selected by the tribe that is accessible to the county auditor by a public road.
(4) A federally recognized Indian tribe may designate at least one building as a ballot pickup and collection location at no cost to the tribe. The designated building must be accessible to the county auditor by a public road. The county auditor of the county in which the building is located must collect ballots from that location in compliance with the procedures in subsection (1) of this section.
[ 2019 c 6 s 5.]

catchline: Ballot drop boxes.


title: RCW 29A.40.180

text:
(1) Each state university, regional university, and The Evergreen State College as defined in RCW 28B.10.016 and each higher education campus as defined in RCW 28B.45.012 shall open a nonpartisan student engagement hub on its campus. The student engagement hub may be open during business hours beginning eight days before, and ending at 8:00 p.m. on the day of, the general election. All student engagement hubs must allow students to download their exact ballot from an online portal. Upon request of the student government organization to the administration and the county auditor, the student engagement hub at a state university, regional university, or The Evergreen State College as defined in RCW 28B.10.016 must allow voters to register in person pursuant to RCW 29A.08.140(1)(b) and provide voter registration materials and ballots.
(2) Each institution shall contract with the county auditor for the operation of a student engagement hub under this section.
(3) Student engagement hubs are not voting centers as outlined in RCW 29A.40.160 and must be operated in a manner that avoids partisan influence or electioneering.
[ 2020 c 208 s 10.]
Notes:
Short title—Findings—2020 c 208: See notes following RCW 29A.08.210.

catchline: Student engagement hubs.


title: RCW 29A.52.112

text:
(1) A primary is a first stage in the public process by which voters elect candidates to public office.
(2) Whenever candidates for a partisan office are to be elected, the general election must be preceded by a primary conducted under this chapter. Based upon votes cast at the primary, the top two candidates will be certified as qualified to appear on the general election ballot, unless only one candidate qualifies as provided in *RCW 29A.36.170.
(3) No primary may be held for any single county partisan office to fill an unexpired term if, after the last day allowed for candidates to withdraw, only one candidate has filed for the position.
(4) For partisan office, if a candidate has expressed a party preference on the declaration of candidacy, then that preference will be shown after the name of the candidate on the primary and general election ballots as set forth in rules of the secretary of state. A candidate may choose to express no party preference. Any party preferences are shown for the information of voters only and may in no way limit the options available to voters.
[ 2014 c 7 s 1; 2013 c 11 s 50; 2005 c 2 s 7 (Initiative Measure No. 872, approved November 2, 2004).]
Notes:
*Reviser's note: RCW 29A.36.170 was amended by 2013 c 143 s 1, removing the one candidate exception.
Short title—2005 c 2 (Initiative Measure No. 872): "This act may be known and cited as the People's Choice Initiative of 2004." [ 2005 c 2 s 1 (Initiative Measure No. 872, approved November 2, 2004).]
Intent—2005 c 2 (Initiative Measure No. 872): "The Washington Constitution and laws protect each voter's right to vote for any candidate for any office. The Washington State Supreme Court has upheld the blanket primary as protecting compelling state interests "allowing each voter to keep party identification, if any, secret; allowing the broadest possible participation in the primary election; and giving each voter a free choice among all candidates in the primary." Heavey v. Chapman, 93 Wn.2d 700, 705, 611 P.2d 1256 (1980). The Ninth Circuit Court of Appeals has threatened this system through a decision, that, if not overturned by the United States Supreme Court, may require change. In the event of a final court judgment invalidating the blanket primary, this People's Choice Initiative will become effective to implement a system that best protects the rights of voters to make such choices, increases voter participation, and advances compelling interests of the state of Washington." [ 2005 c 2 s 2 (Initiative Measure No. 872, approved November 2, 2004).]
Contingent effective date—2005 c 2 (Initiative Measure No. 872): "This act takes effect only if the Ninth Circuit Court of Appeals' decision in Democratic Party of Washington State v. Reed, 343 F.3d 1198 (9th Cir. 2003) holding the blanket primary election system in Washington state invalid becomes final and a Final Judgment is entered to that effect." [ 2005 c 2 s 18 (Initiative Measure No. 872, approved November 2, 2004).]
Reviser's note: On February 28, 2004, the United States Supreme Court refused to take the case on appeal; therefore the Ninth Circuit's decision stands.

catchline: Top two candidates—Single county partisan office—Party or independent preference.


title: RCW 29A.52.121

text:
So far as applicable, the provisions of this title relating to conducting general elections govern the conduct of primaries.
[ 2004 c 271 s 143.]

catchline: General election laws govern primaries.


title: RCW 29A.52.161

text:
Nothing in this chapter may be construed to mean that a voter may cast more than one vote for candidates for a given office.
[ 2004 c 271 s 144.]

catchline: One vote.


title: RCW 29A.52.171

text:
(1) The office of precinct committee officer must be voted upon at the primary election in each even-numbered year. If no one files for the office, the office shall be filled in accordance with *RCW 29A.28.071. If, after the last day to withdraw, only one candidate has filed for the office in a precinct, that candidate is deemed elected and the auditor shall issue a certificate of election. Only contested races may appear on the ballot.
(2) The ballot format may be either a consolidated ballot or a physically separate ballot. If a consolidated ballot is used, the races for precinct committee officer must be clearly delineated from other races on the ballot. If a physically separate ballot is used, it must be distinguishable from the top two primary ballot. If the ballot is returned in the return envelope provided, but outside of the security envelope, it shall not be grounds to invalidate the ballot.
(3) The following instructions must appear on the ballot: "In order to vote for precinct committee officer, a partisan office, you must affirm that you are a Democrat or a Republican and may vote only for one candidate from the party you select. Your vote for a candidate affirms your affiliation with the same party as the candidate. This preference is private and will not be matched to your name or shared."
(4) Party affiliation is affirmed by including the following statement after the name of each candidate: "I affirm I am a Democrat." if the candidate is a Democrat, or "I affirm I am a Republican." if the candidate is a Republican.
(5) If a voter votes for candidates from both parties, the votes cast in the election for precinct committee officer on that ballot will not be tabulated and reported.
[ 2012 c 89 s 3.]
Notes:
*Reviser's note: RCW 29A.28.071 was recodified as RCW 29A.80.031 pursuant to 2013 c 11 s 93.
Intent—Finding—Effective date—2012 c 89: See notes following RCW 29A.24.311.

catchline: Precinct committee officer—Filing—Ballot format—Party affiliation—Votes cast.


title: RCW 29A.52.210

text:
All city and town primaries shall be nonpartisan. Primaries for special purpose districts, except those districts that require ownership of property within the district as a prerequisite to voting, shall be nonpartisan. City, town, and district primaries shall be held as provided in RCW 29A.04.311.
The purpose of this section is to establish the holding of a primary, subject to the exemptions in RCW 29A.52.220, as a uniform procedural requirement to the holding of city, town, and district elections. These provisions supersede any and all other statutes, whether general or special in nature, having different election requirements.
[ 2013 c 11 s 51; 2003 c 111 s 1305. Prior: 1990 c 59 s 89; 1977 c 53 s 3; 1975-'76 2nd ex.s. c 120 s 1; 1965 c 123 s 7; 1965 c 9 s 29.21.010; prior: 1951 c 257 s 7; 1949 c 161 s 3; Rem. Supp. 1949 s 5179-1. Formerly RCW 29.21.010.]
Notes:
Intent—Effective date—1990 c 59: See notes following RCW 29A.04.013.
Severability—1975-'76 2nd ex.s. c 120: "If any provision of this 1976 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1975-'76 2nd ex.s. c 120 s 16.]

catchline: Local primaries.


title: RCW 29A.52.220

text:
(1) No primary may be held for any single position in any nonpartisan office if, after the last day allowed for candidates to withdraw, there are no more than two candidates filed for the position. The county auditor shall as soon as possible notify all the candidates so affected that the office for which they filed will not appear on the primary ballot.
(2) No primary may be held for the office of commissioner of a park and recreation district or for the office of cemetery district commissioner.
(3) Names of candidates for offices that do not appear on the primary ballot shall be printed upon the general election ballot in the manner specified by RCW 29A.36.131.
[ 2013 c 195 s 1; 2005 c 153 s 10; 2003 c 111 s 1306. Prior: 1998 c 19 s 1; 1996 c 324 s 1; 1990 c 59 s 90; 1975-'76 2nd ex.s. c 120 s 2; 1965 c 9 s 29.21.015; prior: 1955 c 101 s 2; 1955 c 4 s 1. Formerly RCW 29.21.015.]
Notes:
Effective date—2013 c 195: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 10, 2013]." [ 2013 c 195 s 3.]
Intent—Effective date—1990 c 59: See notes following RCW 29A.04.013.
Severability—1975-'76 2nd ex.s. c 120: See note following RCW 29A.52.210.

catchline: No nonpartisan office primary permitted—Procedure—No primary for the office of commissioner of park and recreation district, office of cemetery district commissioner—Names of candidates.


title: RCW 29A.52.231

text:
The offices of superintendent of public instruction, justice of the supreme court, judge of the court of appeals, judge of the superior court, and judge of the district court shall be nonpartisan and the candidates therefor shall be nominated and elected as such.
All city, town, and special purpose district elective offices shall be nonpartisan and the candidates therefor shall be nominated and elected as such.
[ 2004 c 271 s 174.]

catchline: Nonpartisan offices specified.


title: RCW 29A.52.240

text:
Whenever it is necessary to hold a special election to fill an unexpired term of an elective office of any city, town, or district, the special election must be held in concert with the next general election that is to be held by the respective city, town, or district concerned for the purpose of electing officers to full terms. This section does not apply to any city of the first class whose charter provision relating to elections to fill unexpired terms are inconsistent with this section.
[ 2003 c 111 s 1308; 1972 ex.s. c 61 s 7. Formerly RCW 29.21.410.]
Notes:
Severability—1972 ex.s. c 61: "If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [ 1972 ex.s. c 61 s 8.]

catchline: Special election to fill unexpired term.


title: RCW 29A.52.321

text:
No later than the day following the certification of the returns of any primary, the secretary of state shall certify to the appropriate county auditors the names of all candidates qualified to appear on the general election ballot.
[ 2013 c 11 s 52; 2004 c 271 s 146.]

catchline: Certification of candidates.


title: RCW 29A.52.330

text:
Subject to the availability of funds appropriated specifically for that purpose, the secretary of state shall publish notice of the proposed constitutional amendments and other state measures that are to be submitted to the people at a state general election up to four times during the four weeks immediately preceding that election in every legal newspaper in the state. The secretary of state shall supplement this publication with an equivalent amount of radio and television advertisements.
[ 2003 c 111 s 1311. Prior: 1997 c 405 s 1; 1967 c 96 s 1; 1965 c 9 s 29.27.072; prior: 1961 c 176 s 1. Formerly RCW 29.27.072.]

catchline: Constitutional amendments and state measures—Notice method.


title: RCW 29A.52.340

text:
The newspaper and broadcast notice required by Article XXIII, section 1, of the state Constitution and RCW 29A.52.330 may set forth all or some of the following information:
(1) A legal identification of the state measure to be voted upon.
(2) The official ballot title of such state measure.
(3) A brief statement explaining the constitutional provision or state law as it presently exists.
(4) A brief statement explaining the effect of the state measure should it be approved.
(5) The total number of votes cast for and against the measure in both the state senate and house of representatives.
No individual candidate or incumbent public official may be referred to or identified in these notices or advertisements.
[ 2003 c 111 s 1312. Prior: 1997 c 405 s 2; 1967 c 96 s 2; 1965 c 9 s 29.27.074; prior: 1961 c 176 s 2. Formerly RCW 29.27.074.]

catchline: Constitutional amendments and state measures—Notice contents.