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title-29a•Title 29A RCW — Elections
Words and phrases as defined in this chapter, wherever used in Title 29A RCW, shall have the meaning as in this chapter ascribed to them, unless where used the context thereof shall clearly indicate to the contrary or unless otherwise defined in the chapter of which they are a part.
[ 2003 c 111 s 101. Prior: 1965 c 9 s 29.01.005. For like prior law see 1907 c 209 s 1, part; RRS s 5177, part. Formerly RCW 29.01.005. ]
As used in this title:
(1) "Ballot" means, as the context implies, either:
(a) The issues and offices to be voted upon in a jurisdiction or portion of a jurisdiction at a particular primary, general election, or special election;
(b) A facsimile of the contents of a particular ballot whether printed on a paper ballot or ballot card or as part of a voting machine or voting device;
(c) A physical or electronic record of the choices of an individual voter in a particular primary, general election, or special election; or
(d) The physical document on which the voter's choices are to be recorded;
(2) "Paper ballot" means a piece of paper on which the ballot for a particular election or primary has been printed, on which a voter may record his or her choices for any candidate or for or against any measure, and that is to be tabulated manually;
(3) "Ballot card" means any type of card or piece of paper of any size on which a voter may record his or her choices for any candidate and for or against any measure and that is to be tabulated on a vote tallying system;
(4) "Sample ballot" means a printed facsimile of all the issues and offices on the ballot in a jurisdiction and is intended to give voters notice of the issues, offices, and candidates that are to be voted on at a particular primary, general election, or special election;
(5) "Provisional ballot" means a ballot issued to a voter who would otherwise be denied an opportunity to vote a regular ballot, for any reason authorized by the Help America Vote Act, including but not limited to the following:
(a) The voter's name does not appear in the list of registered voters for the county;
(b) There is an indication in the voter registration system that the voter has already voted in that primary, special election, or general election, but the voter wishes to vote again;
(c) There is a question on the part of the voter concerning the issues or candidates on which the voter is qualified to vote;
(d) Any other reason allowed by law.
[ 2013 c 11 s 1; 2011 c 10 s 1; 2007 c 38 s 1; 2005 c 243 s 1; 2004 c 271 s 102. ]
NOTES:
Notice to registered poll voters—Elections by mail—2011 c 10: "The county auditor of any county that maintained poll sites as of July 22, 2011, shall notify by mail each registered poll voter that all future primaries, special elections, and general elections will be conducted by mail." [ 2011 c 10 s 85.]
"By mail" means delivery of a completed original voter registration application by mail to a county auditor or the office of the secretary of state.
[ 2019 c 391 s 2. ]
"Canvassing" means the process of examining ballots or groups of ballots, subtotals, and cumulative totals in order to determine the official returns of a primary, special, or general election and includes the tabulation of any votes that were not previously tabulated.
[ 2013 c 11 s 2; 2011 c 10 s 2; 2003 c 111 s 103; 1990 c 59 s 3. Formerly RCW 29.01.008. ]
NOTES:
Notice to registered poll voters—Elections by mail—2011 c 10: See note following RCW 29A.04.008.
Intent—1990 c 59: "By this act the legislature intends to unify and simplify the laws and procedures governing filing for elective office, ballot layout, ballot format, voting equipment, and canvassing." [ 1990 c 59 s 1.]
Effective date—1990 c 59: "Sections 1 through 6, 8 through 96, and 98 through 112 of this act shall take effect July 1, 1992." [ 1990 c 59 s 113.]
"Counting center" means the facility or facilities designated by the county auditor to count and canvass ballots.
[ 2011 c 10 s 3; 2003 c 111 s 104. Prior: 1999 c 158 s 1; 1990 c 59 s 4. Formerly RCW 29.01.042. ]
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.
"County auditor" means the county auditor in a noncharter county or the officer, irrespective of title, having the overall responsibility to maintain voter registration and to conduct state and local elections in a charter county.
[ 2003 c 111 s 105; 1984 c 106 s 1. Formerly RCW 29.01.043. ]
For registered voters voting by mail, "date of mailing" means the date of the postal cancellation on the envelope in which the ballot is returned to the election official by whom it was issued. For all service and overseas voters, "date of mailing" means the date stated by the voter on the declaration.
[ 2011 c 10 s 4; 2003 c 111 s 106; 1987 c 346 s 3. Formerly RCW 29.01.045. ]
NOTES:
Notice to registered poll voters—Elections by mail—2011 c 10: See note following RCW 29A.04.008.
Legislative intent—Effective date—1987 c 346: See notes following RCW 29A.40.010.
"Disabled voter" means any registered voter who qualifies for special parking privileges under RCW 46.19.010, or who is defined as blind under RCW 74.18.020, or who qualifies to require assistance with voting under RCW 29A.40.160.
[ 2011 c 10 s 5; 2010 c 161 s 1103; 2003 c 111 s 107. Prior: 1987 c 346 s 4. Formerly RCW 29.01.047. ]
NOTES:
Notice to registered poll voters—Elections by mail—2011 c 10: See note following RCW 29A.04.008.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Legislative intent—Effective date—1987 c 346: See notes following RCW 29A.40.010.
"Election" when used alone means a general election except where the context indicates that a special election is included. "Election" when used without qualification does not include a primary.
[ 2003 c 111 s 108. Prior: 1990 c 59 s 5; 1965 c 9 s 29.01.050; prior: 1907 c 209 s 1, part; RRS s 5177(c). See also 1950 ex.s. c 14 s 3. Formerly RCW 29.01.050. ]
NOTES:
Intent—Effective date—1990 c 59: See notes following RCW 29A.04.013.
"Election officer" includes any officer who has a duty to perform relating to elections under the provisions of any statute, charter, or ordinance.
[ 2003 c 111 s 110. Prior: 1965 c 9 s 29.01.060. Formerly RCW 29.01.060. ]
"Election official" when pertaining to voter registration includes any staff member of the office of the secretary of state, staff of state agencies or offices providing voter registration services, or a staff member of a county auditor's office.
[ 2023 c 466 s 34; 2019 c 391 s 1. ]
"Elector" means any person who possesses all of the qualifications to vote under Article VI of the state Constitution, including persons who are seventeen years of age at the primary election or presidential primary election but who will be eighteen years of age by the general election.
[ 2020 c 208 s 13; 2003 c 111 s 111. Prior: 1987 c 346 s 2. Formerly RCW 29.01.065. ]
NOTES:
Effective date—2020 c 208 ss 3, 5, 6, and 13-17: See note following RCW 29A.08.210.
Short title—Findings—2020 c 208: See notes following RCW 29A.08.210.
Legislative intent—Effective date—1987 c 346: See notes following RCW 29A.40.010.
"Filing officer" means the county or state officer with whom declarations of candidacy for an office are required to be filed under this title.
[ 2003 c 111 s 112. Prior: 1990 c 59 s 77. Formerly RCW 29.01.068. ]
NOTES:
Intent—Effective date—1990 c 59: See notes following RCW 29A.04.013.
"Future voter" means a United States citizen and Washington state resident, age sixteen or seventeen, who has provided information related to voter registration to the appropriate state agencies.
[ 2023 c 361 s 2; 2018 c 109 s 2. ]
NOTES:
Findings—Intent—Effective date—2018 c 109: See notes following RCW 29A.08.170.
"General election" means an election required to be held on a fixed date recurring at regular intervals.
[ 2003 c 111 s 113. Prior: 1965 c 9 s 29.01.070. Formerly RCW 29.01.070. ]
An "infamous crime" is a crime punishable by death in the state penitentiary or imprisonment in a state or federal correctional facility. Neither an adjudication in juvenile court pursuant to chapter 13.40 RCW, nor a conviction for a misdemeanor or gross misdemeanor, is an "infamous crime."
[ 2013 c 11 s 3; 2009 c 369 s 1; 2003 c 111 s 114. Prior: 1992 c 7 s 31; 1965 c 9 s 29.01.080; prior: Code 1881 s 3054; 1865 p 25 s 5; RRS s 5113. Formerly RCW 29.01.080. ]
NOTES:
Contests, conviction of felony without reversal or restoration of civil rights as grounds for: RCW 29A.68.020.
Denial of civil rights for conviction of infamous crime: State Constitution Art. 6 s 3.
"Major political party" means a political party whose nominees for president and vice president received at least five percent of the total vote cast at the last presidential election. A political party qualifying as a major political party under this section retains such status until the next presidential election at which the presidential and vice presidential candidates of that party do not achieve at least five percent of the vote.
[ 2013 c 11 s 4; 2004 c 271 s 103. ]
"Measure" includes any proposition or question submitted to the voters.
[ 2003 c 111 s 117; 1965 c 9 s 29.01.110. Formerly RCW 29.01.110. ]
"Minor political party" means a political organization other than a major political party.
[ 2003 c 111 s 116. Prior: 1965 c 9 s 29.01.100; prior: 1955 c 102 s 8; prior: 1907 c 209 s 26, part; RRS s 5203, part. Formerly RCW 29.01.100. ]
NOTES:
Minor party convention: RCW 29A.56.600 through 29A.56.670.
Political parties: Chapter 29A.80 RCW.
"Overseas voter" means any elector of the state of Washington outside the territorial limits of the United States.
[ 2009 c 369 s 2; 2003 c 111 s 119. Prior: 1987 c 346 s 6. Formerly RCW 29.01.117. ]
NOTES:
Legislative intent—Effective date—1987 c 346: See notes following RCW 29A.40.010.
"Partisan office" means a public office for which a candidate may indicate a political party preference on his or her declaration of candidacy and have that preference appear on the primary and general election ballot in conjunction with his or her name. The following are partisan offices:
(1) United States senator and United States representative;
(2) All state offices, including legislative, except (a) judicial offices and (b) the office of superintendent of public instruction;
(3) All county offices except (a) judicial offices and (b) those offices for which a county home rule charter provides otherwise.
[ 2005 c 2 s 4 (Initiative Measure No. 872, approved November 2, 2004). ]
NOTES:
Short title—Intent—Contingent effective date—2005 c 2 (Initiative Measure No. 872): See notes following RCW 29A.52.112.
"Precinct" means a geographical subdivision for voting purposes that is established by a county legislative authority.
[ 2003 c 111 s 121; 1965 c 9 s 29.01.120. Prior: 1933 c 1 s 2; RRS s 5114-2; prior: 1915 c 16 s 1; RRS s 5114. Formerly RCW 29.01.120. ]
"Primary" or "primary election" means a procedure for winnowing candidates for public office to a final list of two as part of a special or general election. Each voter has the right to cast a vote for any candidate for each office without any limitation based on party preference or affiliation, of either the voter or the candidate.
[ 2005 c 2 s 5 (Initiative Measure No. 872, approved November 2, 2004); 2003 c 111 s 122. Prior: 1965 c 9 s 29.01.130; prior: 1907 c 209 s 1, part; RRS s 5177(a). See also 1950 ex.s. c 14 s 2. Formerly RCW 29.01.130. ]
NOTES:
Reviser's note: RCW 29A.04.127 was amended by 2005 c 2 s 5 (Initiative Measure No. 872) without cognizance of its repeal by 2004 c 271 s 193. For rule of construction, 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.
Nonpartisan primaries: RCW 29A.52.210 through 29A.52.240.
Partisan primaries: RCW 29A.52.112 and 29A.52.121.
Presidential primary: RCW 29A.56.010 through 29A.56.060.
Times for holding primaries: RCW 29A.04.311.
PDFRCW 29A.04.127
Primary.
[2003 c 111 s 122. Prior: 1965 c 9 s 29.01.130; prior: 1907 c 209 s 1, part; RRS s 5177(a). See also 1950 ex.s. c 14 s 2. Formerly RCW 29.01.130.]
Reviser's note: RCW 29A.04.127 was amended by 2005 c 2 s 5 (Initiative Measure No. 872) without cognizance of its repeal by 2004 c 271 s 193. For rule of construction, see RCW 1.12.025.
"Qualified" when pertaining to a winner of an election means that for such election:
(1) The results have been certified;
(2) Any required bond has been posted; and
(3) The winner has taken and subscribed an oath or affirmation in compliance with the appropriate statute, or if none is specified, that he or she will faithfully and impartially discharge the duties of the office to the best of his or her ability. This oath or affirmation shall be administered and certified by any officer or notary public authorized to administer oaths, without charge therefor.
[ 2007 c 374 s 1; 2003 c 111 s 123. Prior: 1979 ex.s. c 126 s 2. Formerly RCW 29.01.135. ]
NOTES:
Purpose—1979 ex.s. c 126: See RCW 29A.60.280(1).
"Recount" means the process of retabulating ballots and producing amended election returns based on that retabulation, even if the vote totals have not changed.
[ 2003 c 111 s 124. Prior: 2001 c 225 s 1. Formerly RCW 29.01.136. ]
"Registered voter" means any elector who has completed the statutory registration procedures established by this title. The terms "registered voter" and "qualified elector" are synonymous.
[ 2003 c 111 s 125; 1987 c 346 s 7. Formerly RCW 29.01.137. ]
NOTES:
Legislative intent—Effective date—1987 c 346: See notes following RCW 29A.40.010.
"Residence" for the purpose of registering and voting means a person's permanent address where he or she physically resides and maintains his or her abode. However, no person gains residence by reason of his or her presence or loses his or her residence by reason of his or her absence:
(1) While employed in the civil or military service of the state or of the United States;
(2) While engaged in the navigation of the waters of this state or the United States or the high seas;
(3) While a student at any institution of learning;
(4) While confined in any public prison.
Absence from the state on business shall not affect the question of residence of any person unless the right to vote has been claimed or exercised elsewhere.
[ 2003 c 111 s 126; 1971 ex.s. c 178 s 1; 1965 c 9 s 29.01.140. Prior: 1955 c 181 s 1; prior: (i) Code 1881 s 3051; 1865 p 25 s 2; RRS s 5110. (ii) Code 1881 s 3053; 1866 p 8 s 11; 1865 p 25 s 4; RRS s 5111. Formerly RCW 29.01.140. ]
NOTES:
Residence, contingencies affecting: State Constitution Art. 6 s 4.
"Service voter" means any elector of the state of Washington who is a member of the armed forces under 42 U.S.C. Sec. 1973 ff-6 while in active service, is a member of a reserve component of the armed forces, is a student or member of the faculty at a United States military academy, is a member of the merchant marine of the United States, or is a member of a religious group or welfare agency officially attached to and serving with the armed forces of the United States.
[ 2009 c 369 s 3; 2003 c 111 s 127. Prior: 1991 c 23 s 13; 1987 c 346 s 8. Formerly RCW 29.01.155. ]
NOTES:
Legislative intent—Effective date—1987 c 346: See notes following RCW 29A.40.010.
"Short term" means the brief period of time starting upon certification of the general election or issuance of a certificate of election, and ending with the start of the next full term, and is applicable only when there has been a vacancy in the office after the last election at which such office could have been voted upon for an unexpired term. Short term elections are always held in conjunction with elections for the full term for the office.
[ 2013 c 11 s 6; 2003 c 111 s 130; 1975-'76 2nd ex.s. c 120 s 14. Formerly RCW 29.01.180. ]
NOTES:
Severability—1975-'76 2nd ex.s. c 120: See note following RCW 29A.52.210.
"Special election" means any election that is not a general election and may be held in conjunction with a general election or primary.
[ 2003 c 111 s 129; 1965 c 9 s 29.01.170. Prior: Code 1881 s 3056; 1865 p 27 s 2; RRS s 5155. Formerly RCW 29.01.170. ]
"Total confinement" has the same meaning as in RCW 9.94A.030, but a sentence of total confinement does not include confinement imposed as a sanction for a community custody violation under RCW 9.94A.633(1).
[ 2021 c 10 s 4. ]
NOTES:
Effective date—2021 c 10: See note following RCW 29A.08.520.
It is the policy of the state of Washington to encourage every eligible person to register to vote and to participate fully in all elections, and to protect the integrity of the electoral process by providing equal access to the process while guarding against discrimination and fraud. The election registration laws and the voting laws of the state of Washington must be administered without discrimination based upon race, creed, color, national origin, sex, or political affiliation.
[ 2003 c 111 s 132; 2001 c 41 s 1. Formerly RCW 29.04.001. ]
(1) The rights of Washington voters are protected by its constitution and laws and include the following fundamental rights:
(a) The right of qualified voters to vote at all elections;
(b) The right of absolute secrecy of the vote. No voter may be required to disclose political faith or adherence in order to vote;
(c) The right to cast a vote for any candidate for each office without any limitation based on party preference or affiliation, of either the voter or the candidate.
(2) Nothing in subsection (1)(b) or (c) of this section alters or supersedes RCW 29A.56.020 through 29A.56.050, which govern presidential primary elections.
[ 2019 c 7 s 7; 2005 c 2 s 3 (Initiative Measure No. 872, approved November 2, 2004). ]
NOTES:
Short title—Intent—Contingent effective date—2005 c 2 (Initiative Measure No. 872): See notes following RCW 29A.52.112.
Except for service and overseas voters, only persons registered to vote shall be permitted to vote:
(1) At any election held for the purpose of electing persons to public office;
(2) At any recall election of a public officer;
(3) At any election held for the submission of a measure to any voting constituency;
(4) At any primary election.
This section does not apply to elections where being registered to vote is not a prerequisite to voting.
[ 2009 c 369 s 4; 2003 c 111 s 133; 1965 c 9 s 29.04.010. Prior: 1955 c 181 s 8; prior: (i) 1933 c 1 s 22, part; RRS s 5114-22, part. (ii) 1933 c 1 s 23; RRS s 5114-23. See also 1935 c 26 s 3; RRS s 5189. Formerly RCW 29.04.010. ]
NOTES:
Overseas, service voters, same ballots as registered voters: RCW 29A.40.010.
The county auditor of each county shall be ex officio the supervisor of all primaries and elections, general or special, and it shall be the county auditor's duty to provide places for holding such primaries and elections; to provide the supplies and materials necessary for the conduct of elections; and to publish and post notices of calling such primaries and elections in the manner provided by law. The auditor shall also apportion to the county, each city, town, or district, and to the state of Washington, its share of the expense of such primaries and elections. This section does not apply to general or special elections for any city, town, or district that is not subject to RCW 29A.04.321 and 29A.04.330, but all such elections must be held and conducted at the time, in the manner, and by the officials (with such notice, requirements for filing for office, and certifications by local officers) as provided and required by the laws governing such elections. State and federal offices are to be considered one entity for purposes of election cost proration and reimbursement.
[ 2020 c 337 s 3; 2013 c 11 s 7; 2011 c 10 s 6; 2004 c 271 s 104. ]
NOTES:
Effective date—2020 c 337: See note following RCW 29A.04.410.
Notice to registered poll voters—Elections by mail—2011 c 10: See note following RCW 29A.04.008.
The county auditor shall provide public notice of the availability of registration and voting aids, assistance to elderly and disabled persons, and procedures for voting calculated to reach elderly and disabled persons not later than public notice of the closing of registration for a primary or election.
[ 2011 c 10 s 7; 2003 c 111 s 135; 1999 c 298 s 18; 1985 c 205 s 10. Formerly RCW 29.57.140. ]
NOTES:
Notice to registered poll voters—Elections by mail—2011 c 10: See note following RCW 29A.04.008.
Effective dates—1985 c 205: "(1) Sections 1, 2, and 13 of this act are necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect immediately.
(2) Sections 15 and 16 of this act shall take effect as provided by Article II, section 1(c) of the state Constitution.
(3) Sections 3 through 12 and 14 of this act shall take effect on January 1, 1986." [ 1985 c 205 s 18.]
(1) The legislature finds that the elimination of polling places resulting from the transition to vote by mail creates barriers that restrict the ability of many voters with disabilities from achieving the independence and privacy in voting provided by the accessible voting devices required under the help America vote act. Counties must take appropriate steps to mitigate these impacts and to address the obligation to provide voters with disabilities an equal opportunity to vote independently and privately, to the extent that this can be achieved without incurring undue administrative and financial burden.
(2) Each county shall establish and maintain an advisory committee that includes persons with diverse disabilities and persons with expertise in providing accommodations for persons with disabilities. The committee shall assist election officials in developing a plan to identify and implement changes to improve the accessibility of elections for voters with disabilities. The plan shall include recommendations for the following:
(a) The number of voting centers that will be maintained in order to ensure that people with disabilities have reasonable access to accessible voting devices, and a written explanation for how the determination was made;
(b) The locations of ballot drop-off facilities, voting centers, and other election-related functions necessary to maximize accessibility to persons with disabilities;
(c) Outreach to voters with disabilities on the availability of disability accommodation, including in-person disability access voting;
(d) Transportation of voting devices to locations convenient for voters with disabilities in order to ensure reasonable access for voters with disabilities; and
(e) Implementation of the provisions of the help America vote act related to persons with disabilities.
Counties must update the plan at least annually. The election review staff of the secretary of state shall review and evaluate the plan in conformance with the review procedure identified in RCW 29A.04.570.
(3) Counties may form a joint advisory committee to develop the plan identified in subsection (2) of this section if no more than one of the participating counties has a population greater than seventy thousand.
[ 2011 c 10 s 44; 2010 c 215 s 5; 2006 c 207 s 7. Formerly RCW 29A.46.260. ]
NOTES:
Notice to registered poll voters—Elections by mail—2011 c 10: See note following RCW 29A.04.008.
Findings—2010 c 215: See note following RCW 50.40.071.
The secretary of state through the election division shall be the chief election officer for all federal, state, county, city, town, and district elections that are subject to this title. The secretary of state shall keep records of elections held for which he or she is required by law to canvass the results, make such records available to the public upon request, and coordinate those state election activities required by federal law.
[ 2003 c 111 s 137; 1994 c 57 s 4; 1965 c 9 s 29.04.070. Prior: 1963 c 200 s 23; 1949 c 161 s 12; Rem. Supp. 1949 s 5147-2. Formerly RCW 29.04.070. ]
NOTES:
Severability—1994 c 57: See note following RCW 29A.16.040.
The secretary of state shall ensure that each county auditor is provided with the most recent version of the election laws of the state, as contained in this title. Where amendments have been enacted after the last compilation of the election laws, he or she shall ensure that each county auditor receives a copy of those amendments before the next primary or election.
[ 2011 c 10 s 8; 2003 c 111 s 138; 1965 c 9 s 29.04.060. Prior: (i) 1907 c 209 s 16; RRS s 5193. (ii) 1889 p 413 s 34; RRS s 5299. Formerly RCW 29.04.060. ]
NOTES:
Notice to registered poll voters—Elections by mail—2011 c 10: See note following RCW 29A.04.008.
The secretary of state shall provide a toll-free media and web page designed to allow voter communication with the office of the secretary of state.
[ 2003 c 111 s 141. Prior: 2001 c 41 s 5. Formerly RCW 29.04.091. ]
The secretary of state or a county auditor shall accept and file in his or her office electronic transmissions of the following documents:
(1) Declarations of candidacy;
(2) County canvass reports;
(3) Voters' pamphlet statements;
(4) Arguments for and against ballot measures that will appear in a voters' pamphlet;
(5) Requests for recounts;
(6) Certification of candidates and measures by the secretary of state;
(7) Direction by the secretary of state for the conduct of a recount;
(8) Requests for ballots;
(9) Any other election related document authorized by rule adopted by the secretary of state under RCW 29A.04.611.
The acceptance by the secretary of state or the county auditor is conditional upon the document being filed in a timely manner, being legible, and otherwise satisfying the requirements of state law or rules with respect to form and content.
The secretary may by rule require that the original of any document, a copy of which is filed by electronic transmission under this section, also be filed by a deadline established by the secretary by rule.
[ 2011 c 349 s 1; 2011 c 348 s 1; 2011 c 10 s 9; 2004 c 266 s 5; 2003 c 111 s 142; 1991 c 186 s 1. Formerly RCW 29.04.230. ]
NOTES:
Reviser's note: This section was amended by 2011 c 10 s 9, 2011 c 348 s 1, and by 2011 c 349 s 1, each without reference to the other. All 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).
Effective date—2011 c 349: "Except for sections 10 through 12, 21, 27, 28, and 30 of this act, this act takes effect January 1, 2012." [ 2011 c 349 s 33.]
Notice to registered poll voters—Elections by mail—2011 c 10: See note following RCW 29A.04.008.
Effective date—2004 c 266: See note following RCW 29A.04.575.
(1) In accordance with RCW 42.56.420, the following are exempt from disclosure:
(a) Voter signatures on ballot return envelopes, ballot declarations, and signature correction forms, including the original documents, copies, and electronic images; and
(b) A voter's phone number and email address contained on ballot return envelopes, ballot declarations, or signature correction forms.
(2) The secretary of state may, by rule, authorize in-person inspection of unredacted ballot return envelopes, ballot declarations, and signature correction forms. Except as provided under subsection (3) of this section, a person may not photocopy, photograph, or otherwise reproduce an image of the ballot return envelope, ballot declaration, or signature correction form. When inspecting a ballot return envelope, ballot declaration, or signature correction form in person, a person may not carry with them any materials or devices that could be used to record any voter information found on the ballot return envelope, ballot declaration, or signature correction form.
(3) Nothing in this section or *RCW 42.56.420(7)(a)(iii) prevents disclosure of any information on ballot return envelopes, ballot declarations, or signature correction forms, other than a voter's signature, phone numbers, and email addresses. Nothing in this section prevents election officials from disclosing information listed in subsection (1) of this section for official purposes. The secretary of state may adopt rules identifying official purposes for which a voter's signature, phone numbers, and email addresses may be disclosed.
(4) For purposes of this section, "signature correction form" means any form submitted by a voter for the purpose of curing a missing or mismatched signature on a ballot declaration or otherwise updating the voter signature.
[ 2022 c 140 s 2. ]
NOTES:
*Reviser's note: RCW 42.56.420 was amended by 2023 c 404 s 3, deleting subsection (7).
Application—2022 c 140 ss 1 and 2: "The exemptions in sections 1 and 2 of this act apply to any public records request made prior to March 24, 2022, for which disclosure of records has not already been completed." [ 2022 c 140 s 3.]
Effective date—2022 c 140: "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 [March 24, 2022]." [ 2022 c 140 s 4.]
Primaries for general elections to be held in November, and the election of precinct committee officers, must be held on the first Tuesday of the preceding August.
[ 2011 c 349 s 2; 2006 c 344 s 1; 2004 c 271 s 105. ]
NOTES:
Effective date—2011 c 349: See note following RCW 29A.04.255.
Effective date—2006 c 344 ss 1-16 and 18-40: "Sections 1 through 16 and 18 through 40 of this act take effect January 1, 2007." [ 2006 c 344 s 41.]
(1) All state, county, city, town, and district general elections for the election of federal, state, legislative, judicial, county, city, town, and district officers, and for the submission to the voters of the state, county, city, town, or district of any measure for their adoption and approval or rejection, shall be held on the first Tuesday after the first Monday of November, in the year in which they may be called. A statewide general election shall be held on the first Tuesday after the first Monday of November of each year. However, the statewide general election held in odd-numbered years shall be limited to (a) city, town, and district general elections as provided for in RCW 29A.04.330, or as otherwise provided by law; (b) the election of federal officers for the remainder of any unexpired terms in the membership of either branch of the Congress of the United States; (c) the election of state and county officers for the remainder of any unexpired terms of offices created by or whose duties are described in Article II, section 15, Article III, sections 16, 17, 19, 20, 21, 22, and 23, and Article IV, sections 3 and 5 of the state Constitution and RCW 2.06.080; (d) the election of county officers in any county governed by a charter containing provisions calling for general county elections at this time; and (e) the approval or rejection of state measures, including proposed constitutional amendments, matters pertaining to any proposed constitutional convention, initiative measures and referendum measures proposed by the electorate, referendum bills, and any other matter provided by the legislature for submission to the electorate.
(2) A county legislative authority may call a special county election by presenting a resolution to the county auditor prior to the proposed election date. A special election called by the county legislative authority shall be held on one of the following dates as decided by such governing body:
(a) The second Tuesday in February;
(b) The fourth Tuesday in April;
(c) The day of the primary as specified by RCW 29A.04.311; or
(d) The first Tuesday after the first Monday in November.
(3) A resolution calling for a special election on a date set forth in subsection (2)(a) and (b) of this section must be presented to the county auditor at least sixty days prior to the election date. A resolution calling for a special election on a date set forth in subsection (2)(c) of this section must be presented to the county auditor no later than the Friday immediately before the first day of regular candidate filing. A resolution calling for a special election on a date set forth in subsection (2)(d) of this section must be presented to the county auditor no later than the day of the primary.
(4) In addition to the dates set forth in subsection (2)(a) through (d) of this section, a special election to validate an excess levy or bond issue may be called at any time to meet the needs resulting from fire, flood, earthquake, or other act of God. Such county special election shall be noticed and conducted in the manner provided by law.
(5) This section shall supersede the provisions of any and all other statutes, whether general or special in nature, having different dates for such city, town, and district elections, the purpose of this section being to establish mandatory dates for holding elections. This section shall not be construed as fixing the time for holding primary elections, or elections for the recall of any elective public officer.
[ 2015 c 146 s 1; 2013 c 11 s 8; 2011 c 349 s 3; 2009 c 413 s 2; (2009 c 413 s 1 expired July 1, 2011); 2006 c 344 s 2; 2004 c 271 s 106. ]
NOTES:
Effective date—2011 c 349: See note following RCW 29A.04.255.
Effective date—2009 c 413 ss 2 and 4: "Sections 2 and 4 of this act take effect July 1, 2011." [ 2009 c 413 s 6.]
Expiration date—2009 c 413 ss 1 and 3: "Sections 1 and 3 of this act expire July 1, 2011." [ 2009 c 413 s 5.]
Effective date—2006 c 344 ss 1-16 and 18-40: See note following RCW 29A.04.311.
(1) All city, town, and district general elections shall be held throughout the state of Washington on the first Tuesday following the first Monday in November in the odd-numbered years.
This section shall not apply to:
(a) Elections for the recall of any elective public officer;
(b) Public utility districts, conservation districts, or district elections at which the ownership of property within those districts is a prerequisite to voting, all of which elections shall be held at the times prescribed in the laws specifically applicable thereto;
(c) Consolidation proposals as provided for in RCW 28A.315.235 and nonhigh capital fund aid proposals as provided for in chapter 28A.540 RCW; and
(d) Special flood control districts consisting of three or more counties.
(2) The county auditor, as ex officio supervisor of elections, upon request in the form of a resolution of the governing body of a city, town, or district, presented to the auditor prior to the proposed election date, shall call a special election in such city, town, or district, and for the purpose of such special election he or she may combine, unite, or divide precincts. Such a special election shall be held on one of the following dates as decided by the governing body:
(a) The second Tuesday in February;
(b) The fourth Tuesday in April;
(c) The day of the primary election as specified by RCW 29A.04.311; or
(d) The first Tuesday after the first Monday in November.
(3) A resolution calling for a special election on a date set forth in subsection (2)(a) and (b) of this section must be presented to the county auditor at least sixty days prior to the election date. A resolution calling for a special election on a date set forth in subsection (2)(c) of this section must be presented to the county auditor no later than the Friday immediately before the first day of regular candidate filing. A resolution calling for a special election on a date set forth in subsection (2)(d) of this section must be presented to the county auditor no later than the day of the primary.
(4) In addition to subsection (2)(a) through (d) of this section, a special election to validate an excess levy or bond issue may be called at any time to meet the needs resulting from fire, flood, earthquake, or other act of God, except that no special election may be held between the first day for candidates to file for public office and the last day to certify the returns of the general election other than as provided in subsection (2)(c) and (d) of this section. Such special election shall be conducted and notice thereof given in the manner provided by law.
(5) This section shall supersede the provisions of any and all other statutes, whether general or special in nature, having different dates for such city, town, and district elections, the purpose of this section being to establish mandatory dates for holding elections.
[ 2015 c 146 s 2; 2013 c 11 s 9; 2011 c 349 s 4. Prior: 2009 c 413 s 4; (2009 c 413 s 3 expired July 1, 2011); 2009 c 144 s 3; 2006 c 344 s 3; 2004 c 266 s 6; 2003 c 111 s 145; 2002 c 43 s 2; 1994 c 142 s 2; 1992 c 37 s 2; 1990 c 33 s 562; 1989 c 4 s 10 (Initiative Measure No. 99); 1986 c 167 s 6; 1980 c 3 s 2; 1975-'76 2nd ex.s. c 111 s 2; 1965 c 123 s 3; 1965 c 9 s 29.13.020; prior: 1963 c 200 s 1; 1955 c 55 s 1; 1951 c 101 s 1; 1949 c 161 s 1; 1927 c 182 s 1; 1923 c 53 s 2; 1921 c 61 s 2; Rem. Supp. 1949 s 5144. Formerly RCW 29.13.020. ]
NOTES:
Effective date—2011 c 349: See note following RCW 29A.04.255.
Effective date—2009 c 413 ss 2 and 4: See note following RCW 29A.04.321.
Expiration date—2009 c 413 ss 1 and 3: See note following RCW 29A.04.321.
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.
Intent—2002 c 43: "The legislature finds that there are conflicting interpretations as to the intent of the legislature in the enactment of chapter 305, Laws of 1999. The purpose of this act is to make statutory changes that further clarify this intent.
It is the intent of the legislature that elections of conservation district supervisors continue to be conducted under procedures in the conservation district statutes, chapter 89.08 RCW, and that such elections not be conducted under the general election laws contained in Title 29 RCW. Further, it is the intent of the legislature that there be no change made with regard to applicability of the public disclosure act, *chapter 42.17 RCW, to conservation district supervisors from those that existed before the enactment of chapter 305, Laws of 1999." [ 2002 c 43 s 1.]
*Reviser's note: Provisions in chapter 42.17 RCW relating to public disclosure are recodified in chapter 42.56 RCW by 2005 c 274.
Effective date—2002 c 43: "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 [March 14, 2002]." [ 2002 c 43 s 6.]
Effective date—1994 c 142: "This act shall take effect January 1, 1995." [ 1994 c 142 s 3.]
Purpose—Statutory references—Severability—1990 c 33: See RCW 28A.900.100 through 28A.900.102.
Severability—1986 c 167: See note following RCW 29A.16.040.
Severability—1975-'76 2nd ex.s. c 111: "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 111 s 3.]
(1) In each county with a population of two hundred ten thousand or more, first-class school districts containing a city of the first-class shall hold their elections biennially as provided in RCW 29A.04.330.
(2) Except as provided in RCW 28A.343.610, the directors to be elected may be elected for terms of six years and until their successors are elected, qualified, and assume office in accordance with *RCW 29A.20.040.
(3) If the board of directors of a school district pursuant to subsection (1) of this section reduces the length of the term of office for school directors in the district from six to four years, the reduction in the length of term must not affect the term of office of any incumbent director without his or her consent, and a provision must be made to appropriately stagger future elections of school directors.
[ 2009 c 107 s 4. ]
NOTES:
*Reviser's note: RCW 29A.20.040 was recodified as RCW 29A.60.280 pursuant to 2013 c 11 s 93.
Retroactive application—2009 c 107 ss 1-4: See note following RCW 28A.343.300.
Effective date—2009 c 107: See note following RCW 28A.343.300.
Every county, city, town, and district, and the state is liable for its proportionate share of the costs when such elections are held in conjunction with other elections held under RCW 29A.04.321 and 29A.04.330.
Whenever any county, city, town, or district, or the state holds any primary or election, general or special, on an isolated date, all costs of such elections must be borne by the county, city, town, or district concerned, or the state as appropriate.
The purpose of this section is to clearly establish that the county is not responsible for any costs involved in the holding of any city, town, district, state, or federal election.
In recovering such election expenses, including a reasonable proration of administrative costs, the county auditor shall certify the cost to the county treasurer with a copy to the clerk or auditor of the city, town, or district concerned, or the secretary of state as appropriate. Upon receipt of such certification relating to a city, town, or district, the county treasurer shall make the transfer from any available and appropriate city, town, or district funds to the county current expense fund or to the county election reserve fund if such a fund is established. Each city, town, or district must be promptly notified by the county treasurer whenever such transfer has been completed. However, in those districts wherein a treasurer, other than the county treasurer, has been appointed such transfer procedure does not apply, but the district shall promptly issue its warrant for payment of election costs. State and federal offices are to be considered one entity for purposes of election cost proration and reimbursement.
[ 2020 c 337 s 1; 2013 c 11 s 10; 2003 c 111 s 146; 1965 c 123 s 5; 1965 c 9 s 29.13.045. Prior: 1963 c 200 s 7; 1951 c 257 s 5. Formerly RCW 29.13.045. ]
NOTES:
Effective date—2020 c 337: "This act takes effect July 1, 2021." [ 2020 c 337 s 7.]
Diking districts, election to authorize, costs: RCW 85.38.060.
Diking or drainage district, reorganization into improvement district
1917 act, election to authorize: RCW 85.38.060.
1933 act, election to authorize: RCW 85.38.060.
Expense of printing and mailing ballots, envelopes, and instructions: RCW 29A.36.220.
Port districts, formation of, election on, expense of: RCW 53.04.070.
Public utility district elections, expense of: RCW 54.08.041.
Reclamation districts of one million acres, election to form, expense: RCW 89.30.115.
Soil and water conservation district, election to form, expense: RCW 89.08.140.
Water-sewer districts
annexation of territory by, election on, expense: RCW 57.24.050.
formation of, expense: RCW 57.04.055.
(1) Whenever federal officers, state officers, or measures are voted upon at a state primary or general election held under RCW 29A.04.321, the state of Washington shall assume a prorated share of the costs of that state primary or general election for the federal and state offices and measures, including the prorated cost of return postage, required to be included on return envelopes pursuant to RCW 29A.40.091.
(2) Whenever a primary or vacancy election is held to fill a vacancy in the position of United States senator or United States representative under chapter 29A.28 RCW, the state of Washington shall assume a prorated share of the costs of that primary or vacancy election.
(3) The county auditor shall apportion the state's share of these expenses when prorating election costs under RCW 29A.04.410 and in accordance with the state budgeting, accounting, and reporting system, shall file such expense claims with the secretary of state.
(4) The secretary of state shall include in his or her biennial budget requests sufficient funds to carry out this section. Reimbursements for election costs shall be from appropriations specifically provided by law for that purpose.
(5) State and federal offices are to be considered one entity for purposes of election cost proration and reimbursement.
[ 2020 c 337 s 2; 2019 c 161 s 2; 2013 c 11 s 11; 2003 c 111 s 147. Prior: 1985 c 45 s 2; 1977 ex.s. c 144 s 4; 1975-'76 2nd ex.s. c 4 s 1; 1973 c 4 s 2. Formerly RCW 29.13.047. ]
NOTES:
Effective date—2020 c 337: See note following RCW 29A.04.410.
Findings—Effective date—2019 c 161: See notes following RCW 29A.40.091.
Legislative intent—1985 c 45: "It is the intention of the legislature that sections 2 through 7 of this act shall provide an orderly and predictable election procedure for filling vacancies in the offices of United States representative and United States senator." [ 1985 c 45 s 1.]
(1) For any reimbursement of election costs under RCW 29A.04.420, the secretary of state shall pay within thirty days after the receipt of a properly executed and documented voucher for such expenses and the entry of an allotment from specifically appropriated funds for this purpose until those funds are exhausted. If funds appropriated for this purpose are not sufficient to pay all claims, the secretary of state shall include a budget request to the legislature during the next legislative session for sufficient funds for reimbursement of all remaining claims and shall pay all properly executed and documented vouchers to the counties within thirty days of allotment of specifically appropriated funds for this purpose. The secretary of state shall promptly notify any county that submits an incomplete or inaccurate voucher for reimbursement under RCW 29A.04.420.
(2) Funding provided in this section to counties for election costs in even-numbered years is retrospective and prospective reimbursement under RCW 43.135.060 for any new or increased responsibilities under this title.
[ 2020 c 337 s 4; 2003 c 111 s 148; 1986 c 167 s 7. Formerly RCW 29.13.048. ]
NOTES:
Effective date—2020 c 337: See note following RCW 29A.04.410.
Severability—1986 c 167: See note following RCW 29A.16.040.
(1) The election account is created in the state treasury.
(2) The following receipts must be deposited into the account:
Amounts received from the federal government under Public Law 107-252 (October 29, 2002), known as the "Help America Vote Act of 2002," including any amounts received under subsequent amendments to the act;
amounts appropriated or otherwise made available by the state legislature for the purposes of carrying out activities for which federal funds are provided to the state under Public Law 107-252, including any amounts received under subsequent amendments to the act;
and such other amounts as may be appropriated by the legislature to the account.
(3) Moneys in the account may be spent only after appropriation. Expenditures from the account may be made only to facilitate the implementation of Public Law 107-252.
[ 2004 c 266 s 2. Prior: 2003 c 48 s 1. Formerly RCW 29.04.260. ]
NOTES:
Effective date—2004 c 266: See note following RCW 29A.04.575.
Effective date—2003 c 48: "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 [April 17, 2003]." [ 2003 c 48 s 3.]
The secretary of state shall establish a competitive local government grant program to solicit and prioritize project proposals from county election offices. Potential projects [project] proposals must be new projects designed to help the county election office comply with the requirements of the Help America Vote Act (P.L. 107-252). Grant funds will not be allocated to fund existing statutory functions of local elections [election] offices, and in order to be eligible for a grant, local election offices must maintain an elections budget at or above the local elections budget by July 1, 2004.
[ 2004 c 267 s 201. ]
NOTES:
Effective dates—2004 c 267: See note following RCW 29A.08.010.
The secretary of state will administer the grant program and disburse funds from the election account established in the state treasury by the legislature in chapter 48, Laws of 2003. Only grant proposals from local government election offices will be reviewed. The secretary of state and any local government grant recipient shall enter into an agreement outlining the terms of the grant and a payment schedule. The payment schedule may allow the secretary of state to make payments directly to vendors contracted by the local government election office from Help America Vote Act (P.L. 107-252) funds. The secretary of state shall adopt any rules necessary to facilitate this section.
[ 2004 c 267 s 202. ]
NOTES:
Effective dates—2004 c 267: See note following RCW 29A.08.010.
(1) The secretary of state shall create an advisory committee and adopt rules governing project eligibility, evaluation, awarding of grants, and other criteria for administering the local government grant program, which may include a preference for grants that include a match of local funds.
(2) The advisory committee shall review grant proposals and establish a prioritized list of projects to be considered for funding by the third Tuesday in May of each year beginning in 2004 and continuing as long as funds in the election account established by RCW 29A.04.440 are available. The grant award may have an effective date other than the date the project is placed on the prioritized list, including money spent previously by the county that would qualify for reimbursement under the Help America Vote Act (P.L. 107-252).
(3) Examples of projects that would be eligible for local government grant funding include, but are not limited to the following:
(a) Replacement or upgrade of voting equipment, including the replacement of punch card voting systems;
(b) Purchase of additional voting equipment, including the purchase of equipment to meet the disability requirements of the Help America Vote Act (P.L. 107-252);
(c) Purchase of new election management system hardware and software capable of integrating with the statewide voter registration system required by the Help America Vote Act (P.L. 107-252);
(d) Development and production of election worker training materials;
(e) Voter education programs;
(f) Publication of a local voters' pamphlet;
(g) Toll-free access system to provide notice of the outcome of provisional ballots; and
(h) Training for local election officials.
[ 2011 c 10 s 10; 2004 c 267 s 203. ]
NOTES:
Notice to registered poll voters—Elections by mail—2011 c 10: See note following RCW 29A.04.008.
Effective dates—2004 c 267: See note following RCW 29A.08.010.
(1) The Washington state election administration and certification board is established and has the responsibilities and authorities prescribed by this chapter. The board is composed of the following members:
(a) The secretary of state or the secretary's designee;
(b) The state director of elections or the director's designee;
(c) Four county auditors appointed by the Washington state association of county auditors or their alternates who are county auditors designated by the association to serve as such alternates, each appointee and alternate to serve at the pleasure of the association;
(d) One member from each of the two largest political party caucuses of the house of representatives designated by and serving at the pleasure of the legislative leader of the respective caucus;
(e) One member from each of the two largest political party caucuses of the senate designated by and serving at the pleasure of the legislative leader of the respective caucus; and
(f) One representative from each major political party, designated by and serving at the pleasure of the chair of the party's state central committee.
(2) The board shall elect a chair from among its number; however, neither the secretary of state nor the state director of elections nor their designees may serve as the chair of the board. A majority of the members appointed to the board constitutes a quorum for conducting the business of the board. Chapter 42.30 RCW, the Open Public Meetings Act, and RCW 42.30.035 regarding minutes of meetings, apply to the meetings of the board.
(3) Members of the board shall serve without compensation. The secretary of state shall reimburse members of the board, other than those who are members of the legislature, for travel expenses in accordance with RCW 43.03.050 and 43.03.060. Members of the board who are members of the legislature shall be reimbursed as provided in chapter 44.04 RCW.
[ 2017 3rd sp.s. c 25 s 31; 2003 c 111 s 149; 1992 c 163 s 3. Formerly RCW 29.60.010. ]
The board created in RCW 29A.04.510 shall review appeals filed under RCW 29A.04.550 or 29A.04.570. A decision of the board regarding the appeal must be supported by not less than a majority of the members appointed to the board. A decision of the board regarding an appeal filed under RCW 29A.04.570 concerning an election review conducted under that section is final. If a decision of the board regarding an appeal filed under RCW 29A.04.550 includes a recommendation that a certificate be issued, the secretary of state, upon the recommendation of the board, shall issue the certificate.
[ 2003 c 111 s 150. ]
The state-based administrative complaint procedures required in the Help America Vote Act (P.L. 107-252) and detailed in administrative rule apply to all primary, general, and special elections administered under this title.
[ 2004 c 267 s 401. ]
NOTES:
Effective dates—2004 c 267: See note following RCW 29A.08.010.
The secretary of state shall:
(1) Establish and operate, or provide by contract, training and certification programs for state and county elections administration officials and personnel, including training on election laws, the various types of election law violations, and discrimination;
(2) Administer tests for state and county officials and personnel who have received such training and issue certificates to those who have successfully completed the training and passed such tests;
(3) Maintain a record of those individuals who have received such training and certificates; and
(4) Provide the staffing and support services required by the board created under RCW 29A.04.510.
[ 2009 c 415 s 8; 2006 c 206 s 1; 2005 c 243 s 2; 2003 c 111 s 151. Prior: 2001 c 41 s 11; 1992 c 163 s 5. Formerly RCW 29.60.030. ]
NOTES:
Effective date—1992 c 163 ss 5-13: "Sections 5 through 13 of this act shall take effect July 1, 1993." [ 1992 c 163 s 15.]
A person having responsibility for the administration or conduct of elections shall, within eighteen months of undertaking those responsibilities, receive general training regarding the conduct of elections and specific training regarding their responsibilities and duties as prescribed by this title or by rules adopted by the secretary of state under this title. Included among those persons for whom such training is mandatory are the following:
(1) Secretary of state elections division personnel;
(2) County elections administrators under RCW 36.22.220; and
(3) Any other person or group charged with election administration responsibilities if the person or group is designated by rule adopted by the secretary of state as requiring the training.
Neither this section nor RCW 29A.04.530 may be construed as requiring an elected official to receive training or a certificate of training as a condition for seeking or holding elective office or as a condition for carrying out constitutional duties.
[ 2011 c 10 s 11; 2009 c 415 s 9; 2003 c 111 s 152; 1992 c 163 s 6. Formerly RCW 29.60.040. ]
NOTES:
Notice to registered poll voters—Elections by mail—2011 c 10: See note following RCW 29A.04.008.
Effective date—1992 c 163 ss 5-13: See note following RCW 29A.04.530.
(1) A decision of the secretary of state to deny certification under RCW 29A.04.530 must be entered in the manner specified for orders under the Administrative Procedure Act, chapter 34.05 RCW. Such a decision is not effective for a period of twenty days following the date of the decision, during which time the person denied certification may file a petition with the secretary of state requesting the secretary to reconsider the decision and to grant certification. The petitioner shall include in the petition, an explanation of the reasons why the initial decision is incorrect and certification should be granted, and may include a request for a hearing on the matter. The secretary of state shall reconsider the matter if the petition is filed in a proper and timely manner. If a hearing is requested, the secretary of state shall conduct the hearing within sixty days after the date on which the petition is filed. The secretary of state shall render a final decision on the matter within ninety days after the date on which the petition is filed.
(2) Within twenty days after the date on which the secretary of state makes a final decision denying a petition under this section, the petitioner may appeal the denial to the board created in RCW 29A.04.510. In deciding appeals, the board shall restrict its review to the record established when the matter was before the secretary of state. The board shall affirm the decision if it finds that the record supports the decision and that the decision is not inconsistent with other decisions of the secretary of state in which the same standards were applied and certification was granted. Similarly, the board shall reverse the decision and recommend to the secretary of state that certification be granted if the board finds that such support is lacking or that such inconsistency exists.
(3) Judicial review of certification decisions will be as prescribed under RCW 34.05.510 through 34.05.598, but is limited to the review of board decisions denying certification.
[ 2003 c 111 s 153; 1992 c 163 s 7. Formerly RCW 29.60.050. ]
NOTES:
Effective date—1992 c 163 ss 5-13: See note following RCW 29A.04.530.
An election review section is established in the elections division of the office of the secretary of state. Permanent staff of the elections division, trained and certified as required by RCW 29A.04.540, shall perform the election review functions prescribed by RCW 29A.04.570. The staff may also be required to assist in training, certification, and other duties as may be assigned by the secretary of state to ensure the uniform and orderly conduct of elections in this state.
[ 2003 c 111 s 154. Prior: 1992 c 163 s 8. Formerly RCW 29.60.060. ]
NOTES:
Effective date—1992 c 163 ss 5-13: See note following RCW 29A.04.530.
(1)(a) The election review staff of the office of the secretary of state shall conduct a review of election-related policies, procedures, and practices in an affected county or counties:
(i) If the unofficial returns of a primary or general election for a position in the state legislature indicate that a mandatory recount is likely for that position; or
(ii) If unofficial returns indicate a mandatory recount is likely in a statewide election or an election for federal office.
Reviews conducted under (a)(ii) of this subsection shall be performed in as many selected counties as time and staffing permit. Reviews conducted as a result of mandatory recounts shall be performed between the time the unofficial returns are complete and the time the recount is to take place, if possible.
(b) In addition to conducting reviews under (a) of this subsection, the election review staff shall also conduct such a review in a county at least once every five years, in conjunction with a county primary or special or general election, at the direction of the secretary of state or at the request of the county auditor. If staffing or budget levels do not permit a five-year election cycle for reviews, then reviews must be done as often as possible. If any resident of this state believes that an aspect of a primary or election has been conducted inappropriately in a county, the resident may file a complaint with the secretary of state. The secretary shall consider such complaints in scheduling periodic reviews under this section.
(c) Before an election review is conducted in a county, the secretary of state shall provide the county auditor of the affected county and the chair of the state central committee of each major political party with notice that the review is to be conducted. When a periodic review is to be conducted in a county at the direction of the secretary of state under (b) of this subsection, the secretary shall provide the affected county auditor not less than thirty days' notice.
(2) Reviews shall be conducted in conformance with rules adopted under RCW 29A.04.630. In performing a review in a county under this chapter, the election review staff shall evaluate the policies and procedures established for conducting the primary or election in the county and the practices of those conducting it. As part of the review, the election review staff shall issue to the county auditor and the members of the county canvassing board a report of its findings and recommendations regarding such policies, procedures, and practices. A review conducted under this chapter shall not include any evaluation, finding, or recommendation regarding the validity of the outcome of a primary or election or the validity of any canvass of returns nor does the election review staff have any jurisdiction to make such an evaluation, finding, or recommendation under this title.
(3) The county auditor or the county canvassing board shall respond to the review report in writing, listing the steps that will be taken to correct any problems listed in the report. Within one year of issuance of the response provided by the county auditor or county canvassing board, the secretary of state shall verify that the county has taken the steps to correct the problems noted in the report.
(4) The county auditor of the county in which a review is conducted under this section or a member of the canvassing board of the county may appeal the findings or recommendations of the election review staff regarding the review by filing an appeal with the board created under RCW 29A.04.510.
[ 2009 c 415 s 10; 2005 c 240 s 1; 2003 c 111 s 155. Prior: 1997 c 284 s 1; 1992 c 163 s 9. Formerly RCW 29.60.070. ]
NOTES:
Effective date—1992 c 163 ss 5-13: See note following RCW 29A.04.530.
The secretary of state, or any staff of the elections division of the office of secretary of state, may make unannounced on-site visits to county election offices and facilities to observe the handling, processing, counting, or tabulation of ballots.
[ 2004 c 266 s 1. Prior: 2003 c 109 s 1. Formerly RCW 29.04.075. ]
NOTES:
Effective date—2004 c 266: "This act takes effect July 1, 2004." [ 2004 c 266 s 25.]
The county auditor may designate any person who has been certified under this chapter, other than the auditor, to participate in a review conducted in the county under this chapter. Each county auditor and canvassing board shall cooperate fully during an election review by making available to the reviewing staff any material requested by the staff. The reviewing staff shall have full access to the county's election material. If ballots are reviewed by the staff, they shall be reviewed in the presence of the canvassing board or its designees. Ballots shall not leave the custody of the canvassing board. During the review and after its completion, the review staff may make appropriate recommendations to the county auditor or canvassing board, or both, to bring the county into compliance with the training required under this chapter, and the laws or rules of the state of Washington, to safeguard election material or to preserve the integrity of the elections process.
[ 2011 c 10 s 12; 2003 c 111 s 156. Prior: 1992 c 163 s 10. Formerly RCW 29.60.080. ]
NOTES:
Notice to registered poll voters—Elections by mail—2011 c 10: See note following RCW 29A.04.008.
Effective date—1992 c 163 ss 5-13: See note following RCW 29A.04.530.
The secretary of state shall establish within the elections division an election assistance and clearinghouse program, which shall provide regular communication between the secretary of state, local election officials, and major and minor political parties regarding newly enacted elections legislation, relevant judicial decisions affecting the administration of elections, and applicable attorney general opinions, and which shall respond to inquiries from elections administrators, political parties, and others regarding election information. This section does not empower the secretary of state to offer legal advice or opinions, but the secretary may discuss the construction or interpretation of election law, case law, or legal opinions from the attorney general or other competent legal authority.
[ 2003 c 111 s 157. Prior: 1992 c 163 s 11. Formerly RCW 29.60.090. ]
NOTES:
Effective date—1992 c 163 ss 5-13: See note following RCW 29A.04.530.
The secretary of state as chief election officer shall make reasonable rules in accordance with chapter 34.05 RCW not inconsistent with the federal and state election laws to effectuate any provision of this title and to facilitate the execution of its provisions in an orderly, timely, and uniform manner relating to any federal, state, county, city, town, and district elections. To that end the secretary shall assist local election officers by devising uniform forms and procedures.
In addition to the rule-making authority granted otherwise by this section, the secretary of state shall make rules governing the following provisions:
(1) The maintenance of voter registration records;
(2) The preparation, maintenance, distribution, review, and filing of precinct maps;
(3) Standards for the design, layout, and production of ballots;
(4) The examination and testing of voting systems for certification;
(5) The source and scope of independent evaluations of voting systems that may be relied upon in certifying voting systems for use in this state;
(6) Standards and procedures for the acceptance testing of voting systems by counties;
(7) Standards and procedures for testing the programming of vote tallying software for specific primaries and elections;
(8) Standards and procedures for the preparation and use of each type of certified voting system including procedures for the operation of counting centers where vote tallying systems are used;
(9) Standards and procedures to ensure the accurate tabulation and canvassing of ballots;
(10) Consistency among the counties of the state in the preparation of ballots, the operation of vote tallying systems, and the canvassing of primaries and elections;
(11) Procedures to ensure the secrecy of a voter's ballot when a small number of ballots are counted;
(12) The use of substitute devices or means of voting when a voting device is found to be defective, the counting of votes cast on the defective device, the counting of votes cast on the substitute device, and the documentation that must be submitted to the county auditor regarding such circumstances;
(13) Procedures for the transportation of sealed containers of voted ballots or sealed voting devices;
(14) The acceptance and filing of documents via electronic transmission;
(15) Voter registration applications and records;
(16) The use of voter registration information in the conduct of elections;
(17) The coordination, delivery, and processing of voter registration records accepted by driver licensing agents or the department of licensing;
(18) The coordination, delivery, and processing of voter registration records accepted by agencies designated by the governor to provide voter registration services;
(19) Procedures to receive and distribute voter registration applications by mail;
(20) Procedures for a voter to change his or her voter registration address within a county by telephone;
(21) Procedures for a voter to change the name under which he or she is registered to vote;
(22) Procedures for canceling dual voter registration records and for maintaining records of persons whose voter registrations have been canceled;
(23) Procedures for the electronic transfer of voter registration records between county auditors and the office of the secretary of state;
(24) Procedures and forms related to automatic voter registration;
(25) Procedures and forms for declarations of candidacy;
(26) Procedures and requirements for the acceptance and filing of declarations of candidacy by electronic means;
(27) Procedures for the circumstance in which two or more candidates have a name similar in sound or spelling so as to cause confusion for the voter;
(28) Filing for office;
(29) The order of positions and offices on a ballot;
(30) Sample ballots;
(31) Independent evaluations of voting systems and the testing, approval, and certification of voting systems;
(32) The testing of vote tallying software programming;
(33) Standards and procedures to prevent fraud and to facilitate the accurate processing and canvassing of ballots, including standards for the approval and implementation of hardware and software for automated signature verification systems;
(34) Standards and procedures to guarantee the secrecy of ballots;
(35) Uniformity among the counties of the state in the conduct of elections;
(36) Standards and procedures to accommodate overseas voters and service voters;
(37) The tabulation of paper ballots;
(38) The accessibility of voting centers;
(39) The aggregation of precinct results if reporting the results of a single precinct could jeopardize the secrecy of a person's ballot;
(40) Procedures for conducting a statutory recount;
(41) Procedures for filling vacancies in congressional offices if the general statutory time requirements for availability of ballots, certification, canvassing, and related procedures cannot be met;
(42) Procedures for the statistical sampling of signatures for purposes of verifying and canvassing signatures on initiative, referendum, and recall election petitions;
(43) Standards and deadlines for submitting material to the office of the secretary of state for the voters' pamphlet;
(44) Deadlines for the filing of ballot titles for referendum bills and constitutional amendments if none have been provided by the legislature;
(45) Procedures for the publication of a state voters' pamphlet;
(46) Procedures for conducting special elections regarding nuclear waste sites if the general statutory time requirements for availability of ballots, certification, canvassing, and related procedures cannot be met;
(47) Procedures for conducting partisan primary elections;
(48) Standards and procedures for the proper conduct of voting on accessible voting devices;
(49) Standards for voting technology and systems used by the state or any political subdivision to be accessible for individuals with disabilities, including nonvisual accessibility for the blind and visually impaired, in a manner that provides the same opportunity for access and participation, including privacy and independence, as other voters;
(50) All data formats for transferring voter registration data on electronic or machine-readable media for the purpose of administering the statewide voter registration list required by the Help America Vote Act (P.L. 107-252);
(51) Defining the interaction of electronic voter registration election management systems employed by each county auditor to maintain a local copy of each county's portion of the official state list of registered voters;
(52) Provisions and procedures to implement the state-based administrative complaint procedure as required by the Help America Vote Act (P.L. 107-252);
(53) Facilitating the payment of local government grants to local government election officers or vendors; and
(54) Standards for the verification of signatures on ballot declarations.
[ 2023 c 466 s 32; 2011 c 10 s 13; 2009 c 369 s 5. Prior: 2006 c 207 s 1; 2006 c 206 s 2; 2004 c 271 s 151. ]
NOTES:
Notice to registered poll voters—Elections by mail—2011 c 10: See note following RCW 29A.04.008.
The secretary of state as chief election officer may make rules in accordance with chapter 34.05 RCW to facilitate the operation, accomplishment, and purpose of the presidential primary authorized in RCW * 29A.56.010 through 29A.56.060. The secretary of state shall adopt rules consistent with this chapter to comply with national or state political party rules.
[ 2003 c 111 s 162; 1995 1st sp.s. c 20 s 4; 1989 c 4 s 7 (Initiative Measure No. 99). Formerly RCW 29.19.070. ]
NOTES:
*Reviser's note: RCW 29A.56.010 was decodified pursuant to 2019 c 7 s 8.
Effective date—1995 1st sp.s. c 20: See note following RCW 29A.56.020.
(1) The secretary of state and the board created in RCW 29A.04.510 shall jointly adopt rules, in the manner specified for the adoption of rules under the Administrative Procedure Act, chapter 34.05 RCW, governing:
(a) The training of persons officially designated by major political parties as elections observers under this title, and the training and certification of election administration officials and personnel;
(b) The policies and procedures for conducting election reviews under RCW 29A.04.570; and
(c) The policies and standards to be used by the board in reviewing and rendering decisions regarding appeals filed under RCW 29A.04.570.
(2) The board created in RCW 29A.04.510 may adopt rules governing its procedures.
[ 2003 c 111 s 163; 1992 c 163 s 4. Formerly RCW 29.60.020. ]
The provisions of this title insofar as they are substantially the same as statutory provisions repealed by this chapter, and relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments.
[ 2003 c 111 s 158. Prior: 1965 c 9 s 29.98.010. Formerly RCW 29.98.010. ]
Chapter headings, part, subpart, and section or subsection captions, as used in this title do not constitute any part of the law.
[ 2003 c 111 s 159; 1965 c 9 s 29.98.020. Formerly RCW 29.98.020. ]
If any provision of this title, or its application to any person or circumstance is held invalid, the remainder of the title, or the application of the provision to other persons or circumstances is not affected.
[ 2003 c 111 s 160. Prior: 1965 c 9 s 29.98.030. Formerly RCW 29.98.030. ]
Chapter 1, Laws of 2017 is known and may be cited as the "government of, by, and for the people act."
[ 2017 c 1 s 9 (Initiative Measure No. 735, approved November 8, 2016). ]
Chapter 1, Laws of 2017 declares that the people of Washington state support amending the Constitution of the United States to eliminate the undue influence of concentrated money and political power on elections and governmental policy. The amendment would overturn decisions by the supreme court of the United States extending constitutional rights to corporations and other artificial legal entities as well as those decisions equating the spending of money with free speech. It also provides for the regulation and disclosure of political contributions and spending.
[ 2017 c 1 s 1 (Initiative Measure No. 735, approved November 8, 2016). ]
(1) Free and fair elections, as well as honest representation, are essential to self-determination and self-governance as described in the Declaration of Independence and established in the Constitution of the United States.
(2) The American people have lost faith in the political process because their voices are not heard and their interests are not represented. Thus, an ever smaller percentage of Americans is motivated to vote.
(3) The U.S. Constitution makes no mention of corporations or other artificial entities; there are no provisions extending rights to such entities. However, through a series of decisions equating a "corporation" with a "person," the U.S. supreme court extended to corporations the constitutional rights and protections intended for people only.
(4) Unlike human beings, corporations can exist in perpetuity and in many countries at the same time. As a result many large corporations, both foreign and domestic, invest in campaigns to invalidate or bypass regulatory law intended to protect the public. Thus, corporate participation in the political process often conflicts with the public interest.
(5) Money is property; it is not speech. Nowhere in the U.S. Constitution is money equated with speech. Because advertising is limited and costly, equating the spending of money with free speech gives those with the most money the most speech.
(6) Whenever special interests, including very wealthy individuals, are able to spend unlimited amounts of money on political speech, candidates and officeholders can be corrupted and intimidated, and the free speech of most citizens is drowned out and denied. Monopolizing public speech neither promotes nor protects free speech.
(7) Anonymous contributions and spending for political gain promote dishonesty and corruption, preventing voters from assessing the motives of the speaker. The public must be able to hold funders of political speech accountable when their messages prove false or misleading. Full and prompt disclosure of funding sources is essential to an informed electorate, fair elections, and effective governance.
(8) Article V of the U.S. Constitution empowers the people and the states to use the amendment process to correct egregious decisions by the U.S. supreme court that subvert our representative government.
[ 2017 c 1 s 2 (Initiative Measure No. 735, approved November 8, 2016). ]
The voters of the state of Washington urge immediate action by the current and future Washington state congressional delegations to propose a joint resolution for an amendment to the Constitution of the United States clarifying that:
(1) The rights listed and acknowledged in the Constitution of the United States are the rights of individual human beings only.
(2) The judiciary shall not construe the spending of money to be free speech under the First Amendment of the Constitution of the United States. Federal, state, and local governments shall be fully empowered to regulate political contributions and expenditures to ensure that no person or artificial legal entity gains undue influence over government and the political process.
(3) All political contributions and expenditures shall be disclosed promptly and in a manner accessible to voters prior to elections.
(4) Chapter 1, Laws of 2017 does not limit the people's rights to freedom of speech, freedom of the press, free exercise of religion, or freedom of association.
[ 2017 c 1 s 3 (Initiative Measure No. 735, approved November 8, 2016). ]
In accordance with the U.S. Constitution, the voters of the state of Washington urge the Washington state congressional delegation, and the U.S. congress generally, to include an amendment ratification method which will best ensure that the people are heard and represented during the ratification process.
[ 2017 c 1 s 4 (Initiative Measure No. 735, approved November 8, 2016). ]
The voters of the state of Washington urge our current and future Washington state legislatures to ratify such an amendment when passed by congress and delivered to the states for ratification.
[ 2017 c 1 s 5 (Initiative Measure No. 735, approved November 8, 2016). ]
The Washington secretary of state is authorized and directed to immediately deliver copies of this initiative, when enacted, to the following persons: The governor of the state of Washington, all current members of the Washington state legislature, all current members of the United States congress, and the president of the United States.
[ 2017 c 1 s 6 (Initiative Measure No. 735, approved November 8, 2016). ]
The provisions of chapter 1, Laws of 2017 are to be liberally construed to effectuate the intent, policies, and purposes of chapter 1, Laws of 2017.
[ 2017 c 1 s 7 (Initiative Measure No. 735, approved November 8, 2016). ]
(1) The minimum required information provided on a voter registration application in order to place a voter registration applicant on the voter registration rolls includes:
(a) Name;
(b) Residential address;
(c) Date of birth;
(d) A signature attesting to the truth of the information provided on the application;
(e) An address where the person receives mail, if different from the residence address; and
(f) Affirmation of citizenship which confirms the individual is a United States citizen, in one of the following forms:
(i) A check or indication in the box on a voter registration form confirming citizenship; or
(ii) Presentation of documents as part of another government transaction confirming citizenship.
(2) The residential address provided must identify the actual physical residence of the voter in Washington, as defined in RCW 29A.04.151, with detail sufficient to allow the voter to be assigned to the proper precinct and to locate the voter to confirm his or her residence for purposes of verifying qualification to vote under Article VI, section 1 of the state Constitution. A residential address may be either a traditional address or a nontraditional address.
(a) A traditional address consists of a street number and name, optional apartment number or unit number, and city or town, as assigned by a local government, which serves to identify the parcel or building of residence and the unit if a multiunit residence.
(b) A nontraditional address consists of a narrative description of the location of the voter's residence, and may be used when a traditional address has not been assigned or affixed to the voter's residence or when a voter resides on an Indian reservation or Indian lands, pursuant to the conditions in RCW 29A.08.112.
(3) All other information supplied is ancillary and not to be used as grounds for not registering an applicant to vote.
(4) Modification of the language of the official Washington state voter registration form by the voter will not be accepted and will cause the rejection of the registrant's application.
[ 2023 c 466 s 2; 2019 c 6 s 1; 2009 c 369 s 6; 2006 c 320 s 2; 2005 c 246 s 2; 2004 c 267 s 102; 2003 c 111 s 201; 1994 c 57 s 9. Formerly RCW 29.07.005. ]
NOTES:
Effective date—2005 c 246: See note following RCW 10.64.140.
Effective dates—2004 c 267: "(1) Sections 103, 104, and 115 through 118 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect immediately [March 31, 2004].
(2) Sections 119, 140, 201 through 203, 321, 401, 501, and 702 of this act take effect July 1, 2004.
(3) Sections 301 through 320 of this act take effect January 1, 2005.
(4) Sections 101, 102, 105 through 114, 120 through 139, 601, 701, and 704 of this act take effect January 1, 2006." [ 2004 c 267 s 707.]
Severability—1994 c 57: See note following RCW 29A.16.040.
Unless the context clearly requires otherwise, for voter registration applicants, the date the voter registration application is received by an election official will be used as the registration date for the purpose of registering and meeting the registration cutoff deadline.
[ 2019 c 391 s 3; 2013 c 11 s 12; 2004 c 267 s 103; 2003 c 111 s 204; 1994 c 57 s 30; 1993 c 434 s 1. Formerly RCW 29.08.010. ]
NOTES:
Effective dates—2004 c 267: See note following RCW 29A.08.010.
Severability—1994 c 57: See note following RCW 29A.16.040.
The definitions set forth in this section apply throughout this chapter, unless the context clearly requires otherwise.
(1) "Verification notice" means a notice sent by the county auditor or secretary of state to a voter registration applicant and is used to verify or collect information about the applicant in order to complete the registration. The verification notice must be designed to include a postage prepaid, preaddressed return form by which the applicant may verify or send information.
(2) "Acknowledgment notice" means a notice sent by nonforwardable mail by the county auditor or secretary of state to a registered voter to acknowledge a voter registration transaction or an automatic voter registration transaction, which can include initial registration, residential address change, or reactivation of an inactive registration, identifying the registrant's precinct and containing such other information as may be required by the secretary of state. An acknowledgment notice may be a voter registration card.
(3) "Automatic voter registration acknowledgment notice package" means a package of information sent by nonforwardable mail by the county auditor, to a registered voter who utilized the automatic voter registration process at the department of licensing, to acknowledge a voter registration transaction, which can include initial registration, residential address change, or reactivation of an inactive registration. The package must include:
(a) A postage prepaid, preaddressed return form by which the individual may decline to be registered to vote or decline the update;
(b) A statement explaining that the person has become registered to vote or signed up to register to vote, as appropriate, setting forth the qualifications to vote, stating that if the individual does not meet the qualifications to vote, the person shall return the notice and affirmatively decline in writing to register to vote, and that if the person wishes to cancel the voter registration at any time, that the person may contact their county auditor to do so;
(c) Instructions regarding how an individual can obtain more information about the notice and assistance in the individual's preferred language, including languages as set forth in RCW 29A.08.270;
(d) An acknowledgment notice; and
(e) Other information required by the secretary of state.
(4) "Identification notice" means a notice sent to a provisionally registered voter to confirm the applicant's identity.
(5) "Confirmation notice" means a notice sent to a registered voter by first-class forwardable mail at the address indicated on the voter's permanent registration record and to any other address at which the county auditor or secretary of state could reasonably expect mail to be received by the voter in order to confirm the voter's residence address. The confirmation notice must be designed to include a postage prepaid, preaddressed return form by which the registrant may verify the address information.
[ 2023 c 466 s 3; 2009 c 369 s 7; 2005 c 246 s 3; 2004 c 267 s 104; 2003 c 111 s 203. Prior: 1994 c 57 s 33. Formerly RCW 29.10.011. ]
NOTES:
Effective date—2023 c 466 ss 3, 4, 6, 11, 13-16, and 20-23: "Sections 3, 4, 6, 11, 13 through 16, and 20 through 23 of this act take effect July 15, 2024." [ 2023 c 466 s 37.]
Effective date—2005 c 246: See note following RCW 10.64.140.
Effective dates—2004 c 267: See note following RCW 29A.08.010.
Severability—Effective date—1994 c 57: See notes following RCW 29A.16.040.
(1) In compliance with the Help America Vote Act (P.L. 107-252), the centralized statewide voter registration list maintained by the secretary of state is the official list of eligible voters for all elections.
(2) In all counties, the county auditor shall be the chief registrar of voters for every precinct within the county.
(3) Requests for records from, or any existing standard reports generated by, the statewide voter registration database must be submitted to and fulfilled by the secretary of state per Title 42 RCW. If a county elections office receives a request for records from, or any existing standard reports generated by, the statewide voter registration database, the county elections office is not required to produce any records in response to the request, but shall, by the deadline set forth in RCW 42.56.520, direct the requestor to submit the request to the secretary of state.
[ 2023 c 404 s 2; 2009 c 369 s 8; 2004 c 267 s 105; 2003 c 111 s 205; 1999 c 298 s 4; 1994 c 57 s 8; 1984 c 211 s 3; 1980 c 48 s 1; 1971 ex.s. c 202 s 4; 1965 c 9 s 29.07.010. Prior: 1957 c 251 s 4; prior: 1939 c 15 s 1, part; 1933 c 1 s 3, part; RRS s 5114-3, part; prior: 1891 c 104 ss 1, part, 2, part; RRS ss 5116, part, 5117, part. Formerly RCW 29.07.010. ]
NOTES:
Findings—Intent—2023 c 404: "The legislature finds that requests for records concerning voter registration information, election data, and systems and processes of election administration have increased exponentially over the last several years. The legislature further finds that public access to these requested records increases the public confidence in electoral processes through greater public transparency. The legislature intends to clarify responsibilities for producing records containing election information to improve the efficiency in which they are made available." [ 2023 c 404 s 1.]
Effective dates—2004 c 267: See note following RCW 29A.08.010.
Severability—1994 c 57: See note following RCW 29A.16.040.
Intent—1984 c 211: See note following RCW 29A.08.310.
(1) If the driver's license number, state identification card number, or last four digits of the social security number provided by the applicant match the information maintained by the Washington department of licensing or the social security administration, and the applicant provided all information required by RCW 29A.08.010, the applicant must be registered to vote.
(2) If the driver's license number, state identification card number, or last four digits of the social security number provided by the applicant do not match the information maintained by the Washington department of licensing or the social security administration, or if the applicant does not provide a Washington driver's license, a Washington state identification card, or a social security number, the applicant must be provisionally registered to vote. An identification notice must be sent to the voter to obtain the correct driver's license number, state identification card number, last four digits of the social security number, or one of the following forms of alternate identification:
(a) Valid photo identification;
(b) A valid enrollment card of a federally recognized Indian tribe in Washington state;
(c) A copy of a current utility bill;
(d) A current bank statement;
(e) A copy of a current government check;
(f) A copy of a current paycheck; or
(g) A government document, other than a voter registration card, that shows both the name and address of the voter.
(3) The ballot of a provisionally registered voter may not be counted until the voter provides a driver's license number, a state identification card number, or the last four digits of a social security number that matches the information maintained by the Washington department of licensing or the social security administration, or until the voter provides alternate identification. The identification must be provided no later than the day before certification of the primary or election. If the voter provides one of the forms of identification in subsection (2) of this section, the voter's registration status must be changed from provisionally registered to registered.
(4) A provisional registration must remain on the official list of registered voters through at least two general elections for federal office. If, after two general elections for federal office, the voter still has not verified his or her identity, the provisional registration may be canceled.
(5) The requirements of this section do not apply to an overseas or service voter who registers to vote by signing the return envelope of an absentee ballot, or to a registered voter transferring his or her registration.
[ 2009 c 369 s 9; 2005 c 246 s 4; 2004 c 267 s 106. ]
NOTES:
Effective date—2005 c 246: See note following RCW 10.64.140.
Effective dates—2004 c 267: See note following RCW 29A.08.010.
(1) For persons registering under RCW 29A.08.120, 29A.08.123, 29A.08.170, 29A.08.330, 29A.08.340, 29A.08.362, and 29A.08.365, an application is considered complete only if it contains the information required by RCW 29A.08.010. The applicant is considered to be registered to vote as of:
(a) The original date of receipt;
(b) When the person will be at least eighteen years old by the next election;
(c) When the person will be at least seventeen years old by the next primary election or presidential primary election and eighteen years old by the general election, whichever is applicable; or
(d) For voters utilizing automatic voter registration under RCW 29A.08.315 at the department of licensing, the date that an election official receives the information to register the person to vote, unless:
(i) The voter declines registration by the deadline in RCW 29A.08.359(4)(a); or
(ii) An election official receives the information to register the person to vote after the deadline to register to vote under RCW 29A.08.140(1)(a), in which case the applicant is considered to be registered to vote as of the day after the election.
(2) As soon as practicable, the auditor shall record the appropriate precinct identification, taxing district identification, and date of registration on the voter's record in the state voter registration list. The secretary of state shall, pursuant to RCW 29A.04.611, establish procedures to enable new or updated voter registrations to be recorded on an expedited basis. Any mailing address provided shall be used only for mail delivery purposes, and not for precinct assignment or residency purposes.
(3) The voter must be sent an acknowledgment notice using first-class nonforwardable mail:
(a) For voters utilizing automatic voter registration services at the department of licensing, within five business days after the receipt of an application or residential address change, or, if the application or residential address change is received after the deadline to register to vote or update a voter registration under RCW 29A.08.140 (1)(a) or (2)(a)(i), within five business days after the election, the auditor shall send an automatic voter registration acknowledgment notice package as required by RCW 29A.08.030.
(b) For all other voters, within 60 days after the receipt of an application or residential address change, the auditor shall send an acknowledgment notice as required by RCW 29A.08.030.
(4) If an application is not complete, the auditor shall promptly mail a verification notice to the applicant. The verification notice shall require the applicant to provide the missing information. If the applicant provides the required information within forty-five days, the applicant shall be registered to vote as of the original date of application. The applicant shall not be placed on the official list of registered voters until the application is complete.
(5) Once a future voter is no longer in pending status, as described in RCW 29A.08.615, his or her application to sign up to register to vote is no longer pending and is subject to this section.
[ 2023 c 466 s 4; 2020 c 208 s 14; 2019 c 391 s 5. Prior: 2018 c 112 s 2; 2018 c 110 s 101; 2018 c 109 s 4; 2009 c 369 s 10; 2005 c 246 s 5; 2004 c 267 s 107; 2003 c 111 s 206; prior: 1994 c 57 s 32; 1993 c 434 s 6. Formerly RCW 29.08.060. ]
NOTES:
Effective date—2023 c 466 ss 3, 4, 6, 11, 13-16, and 20-23: See note following RCW 29A.08.030.
Effective date—2020 c 208 ss 3, 5, 6, and 13-17: See note following RCW 29A.08.210.
Short title—Findings—2020 c 208: See notes following RCW 29A.08.210.
Effective date—2018 c 112 ss 1-4: See note following RCW 29A.08.140.
Effective date—2018 c 110 ss 101-107: See note following RCW 29A.08.355.
Short title—Findings—Intent—2018 c 110: See notes following RCW 29A.08.355.
Findings—Intent—Effective date—2018 c 109: See notes following RCW 29A.08.170.
Effective date—2005 c 246: See note following RCW 10.64.140.
Effective dates—2004 c 267: See note following RCW 29A.08.010.
Severability—Effective date—1994 c 57: See notes following RCW 29A.16.040.
(1) No person registering to vote, who meets all the qualifications of a registered voter in the state of Washington, shall be disqualified because he or she lacks a traditional residential address. A voter who lacks a traditional residential address will be registered and assigned to a precinct based on the location provided.
(2) For the purposes of this section, a voter who resides in a shelter, park, motor home, marina, unmarked home, or other identifiable location that the voter deems to be his or her residence lacks a traditional address. A voter who registers under this section must provide a valid mailing address, and must still meet the requirement in Article VI, section 1 of the state Constitution that he or she live in the area for at least thirty days before the election.
(3) A nontraditional residential address may be used when a voter resides on an Indian reservation or on Indian lands.
(4) A federally recognized tribe may designate one or more tribal government buildings to serve as a residential address or mailing address or both for voters living on an Indian reservation or on Indian lands. However, a voter may not use a tribally designated building as the voter's residential address if the building is in a different precinct than where the voter lives.
(5) A person who has a traditional residential address and does not reside on an Indian reservation or on Indian lands must use that address for voter registration purposes and is not eligible to register under this section.
[ 2019 c 6 s 2; 2006 c 320 s 3; 2005 c 246 s 6. ]
NOTES:
Effective date—2005 c 246: See note following RCW 10.64.140.
A person or organization collecting voter registration application forms must transmit the forms to the secretary of state or a county auditor within five business days. The registration date on such forms will be the date they are received by the secretary of state or county auditor. A person or organization collecting voter registration forms that intentionally does not transmit the forms to an election office may be subject to penalty under RCW 29A.84.030.
[ 2023 c 466 s 35; 2009 c 369 s 11; 2005 c 246 s 8; 2004 c 267 s 108; 2003 c 111 s 207; 1971 ex.s. c 202 s 15; 1965 c 9 s 29.07.110. Prior: 1957 c 251 s 11; prior: 1947 c 68 s 1, part; 1945 c 95 s 1, part; 1933 c 1 s 6, part; Rem. Supp. 1947 s 5114-6, part; prior: 1919 c 163 s 6, part; 1915 c 16 s 6, part; 1901 c 135 s 5, part; 1893 c 45 s 1, part; 1889 p 415 s 6, part; RRS s 5124, part. Formerly RCW 29.07.110. ]
NOTES:
Effective date—2005 c 246: See note following RCW 10.64.140.
Effective dates—2004 c 267: See note following RCW 29A.08.010.
Any elector of this state may register to vote by mail under this title.
[ 2004 c 267 s 109; 2003 c 111 s 208. Prior: 1993 c 434 s 3. Formerly RCW 29.08.030. ]
NOTES:
Effective dates—2004 c 267: See note following RCW 29A.08.010.
(1) A person qualified to vote who has a valid:
(a) Washington state driver's license;
(b) Washington state identification card;
(c) Washington state learner's permit;
(d) Current Washington tribal identification; or
(e) Social security number,
may submit a voter registration application electronically on the secretary of state's website, and provide either the state issued identification number, the tribal identification number, or the last four digits of the person's social security number.
(2) The applicant must attest to the truth of the information provided on the application and confirm the applicant's United States citizenship by reviewing the registration oath online and affirmatively accepting the information as true.
(3) For applicants using Washington state issued identification, the applicant must affirmatively assent to use of the applicant's driver's license or state identification card signature for voter registration purposes.
(4) For applicants who are not using Washington state issued identification, the applicant must submit a signature image by either submitting a signature image to the secretary of state, or submitting a signature image as part of the confirmation notice process.
(5) A voter registration application submitted electronically is otherwise considered a registration by mail.
(6) For each electronic application, the secretary of state must obtain a digital copy of the applicant's driver's license or state identification card signature from the department of licensing, the voter, or tribal identification issuing authority.
(7) The secretary of state may employ additional security measures to ensure the accuracy and integrity of voter registration applications submitted electronically.
(8) The secretary of state may employ an application programming interface to allow a person to securely submit a voter registration application electronically to the secretary of state through the website of a government agency or institution of higher learning. In order to facilitate an electronic application under this subsection, a government agency or institution of higher learning must be approved under a process designed by the secretary of state.
[ 2025 c 330 s 4; 2023 c 363 s 1; 2019 c 6 s 3; 2007 c 157 s 1. ]
NOTES:
Effective date—2023 c 363: "This act takes effect July 15, 2024." [ 2023 c 363 s 2.]
Effective date—2007 c 157: "This act takes effect January 1, 2008." [ 2007 c 157 s 2.]
(1) The office of the secretary of state shall maintain a statewide voter registration database. This database must be a centralized, uniform, interactive computerized statewide voter registration list that contains the name and registration information of every registered voter in the state.
(2) The statewide list is the official list of registered voters for the conduct of all elections.
(3) The statewide list must include, but is not limited to, the name, date of birth, residence address, signature, gender, and date of registration of every legally registered voter in the state.
(4) A unique identifier must be assigned to each registered voter in the state.
(5) The database must be coordinated with other government databases within the state including, but not limited to, the department of corrections, the department of licensing, the department of health, and county auditors. The database may also be coordinated with the databases of election officials in other states.
(6) Authorized employees of the secretary of state and each county auditor must have immediate electronic access to the information maintained in the database.
(7) Voter registration information received by each county auditor must be electronically entered into the database. The office of the secretary of state must provide support, as needed, to enable each county auditor to enter and maintain voter registration information in the state database.
(8) The secretary of state has data authority over all voter registration data.
(9) The voter registration database must be designed to accomplish at a minimum, the following:
(a) Comply with the help America vote act of 2002 (P.L. 107-252);
(b) Identify duplicate voter registrations;
(c) Identify suspected duplicate voters;
(d) Screen against any available databases maintained by other government agencies to identify voters who are ineligible to vote due to serving a sentence of total confinement as the result of a felony conviction, lack of citizenship, or a court finding of mental incompetence;
(e) Provide images of voters' signatures for the purpose of checking signatures on initiative and referendum petitions;
(f) Provide for a comparison between the voter registration database and the department of licensing change of address database;
(g) Provide access for county auditors that includes the capability to update registrations and search for duplicate registrations;
(h) Provide for the cancellation of registrations of voters who have moved out of state; and
(i) Provide for the storage of pending registration records for all future voters who have not yet reached eighteen years of age in a manner that these records will not appear on the official list of registered voters until the future registrant is no longer in pending status as defined under RCW 29A.08.615.
(10) The secretary of state may, upon agreement with other appropriate jurisdictions, screen against any available databases maintained by election officials in other states and databases maintained by federal agencies including, but not limited to, the federal bureau of investigation, the federal court system, the federal bureau of prisons, and the bureau of citizenship and immigration services.
(11) The database shall retain information regarding previous successful appeals of proposed cancellations of registrations in order to avoid repeated cancellations for the same reason.
(12) Each county auditor shall maintain a list of all registered voters within the county that are contained on the official statewide voter registration list. In addition to the information maintained in the statewide database, the county database must also maintain the applicable taxing district and precinct codes for each voter in the county, and a list of elections in which the individual voted.
(13) Each county auditor shall allow electronic access and information transfer between the county's voter registration system and the official statewide voter registration list.
[ 2023 c 466 s 5; 2018 c 109 s 7; 2009 c 369 s 12; 2005 c 246 s 9; 2004 c 267 s 110; 2003 c 111 s 209; 1993 c 408 s 11; 1991 c 81 s 22; 1974 ex.s. c 127 s 12. Formerly RCW 29.07.220. ]
NOTES:
Findings—Intent—Effective date—2018 c 109: See notes following RCW 29A.08.170.
Effective date—2005 c 246: See note following RCW 10.64.140.
Effective dates—2004 c 267: See note following RCW 29A.08.010.
Severability—Effective dates—1993 c 408: See notes following RCW 2.36.054.
Effective date—1991 c 81: See note following RCW 29A.84.540.
Election officials shall not include inactive voters in the count of registered voters for the purpose of dividing precincts, determining voter turnout, or other purposes in law for which the determining factor is the number of registered voters.
[ 2011 c 10 s 14; 2009 c 369 s 13; 2003 c 111 s 210; 1994 c 57 s 40. Formerly RCW 29.10.081. ]
NOTES:
Notice to registered poll voters—Elections by mail—2011 c 10: See note following RCW 29A.04.008.
Severability—Effective date—1994 c 57: See notes following RCW 29A.16.040.
(1) When a person who has previously registered to vote in another state applies for voter registration in Washington, the person shall provide on the registration form all information needed to cancel any previous registration. Notification must be made to the state elections office of the applicant's previous state of registration.
(2) A county auditor receiving official information from an elections office in another state that a voter has registered to vote in that state more recently than in Washington, which the auditor is able to verify matches the information in a Washington voter registration record, shall immediately cancel that voter's registration on the official state voter registration list.
[ 2026 c 212 s 8; 2009 c 369 s 14; 2004 c 267 s 111; 2003 c 111 s 211; 2001 c 41 s 6; 1975 1st ex.s. c 184 s 1; 1973 c 153 s 2. Formerly RCW 29.07.092. ]
NOTES:
Effective dates—2004 c 267: See note following RCW 29A.08.010.
Severability—1975 1st ex.s. c 184: "If any provision of this 1975 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 1st ex.s. c 184 s 5.]
(1) In order to vote in any primary, special election, or general election, a person who is not registered to vote in Washington must:
(a) Submit a registration application that is received by an election official no later than eight days before the day of the primary, special election, or general election. For purposes of this subsection (1)(a), "received" means: (i) Being physically received by an election official by the close of business of the required deadline; or (ii) for applications received online or electronically, by midnight, of the required deadline; or
(b) Register in person at a county auditor's office, the division of elections if in a separate location from the county auditor's office, a voting center, a student engagement hub, or other location designated by the county auditor no later than 8:00 p.m. on the day of the primary, special election if the county is conducting an election, or general election.
(2)(a) In order to change a residence address for voting in any primary, special election, or general election, a person who is already registered to vote in Washington may update his or her registration by:
(i) Submitting an address change using a registration application or making notification via any non-in-person method that is received by election officials no later than eight days before the day of the primary, special election, or general election; or
(ii) Appearing in person, at a county auditor's office, the division of elections if in a separate location from the county auditor's office, a voting center, or other location designated by the county auditor, no later than 8:00 p.m. on the day of the primary, special election if the county is conducting an election, or general election to be in effect for that primary, special election if the county is conducting an election, or general election.
(b) A registered voter who fails to update his or her residential address by this deadline may vote according to his or her previous registration address.
(3) To register or update a voting address in person at a county auditor's office, a voting center, or other location designated by the county auditor, a person must appear in person at a county auditor's office, a voting center, or other location designated by the county auditor at a time when the facility is open and complete the voter registration application by providing the information required by RCW 29A.08.010.
[ 2022 c 69 s 2; 2020 c 208 s 22; 2019 c 391 s 4; 2018 c 112 s 1; 2011 c 10 s 15; 2009 c 369 s 15; 2006 c 97 s 1; 2004 c 267 s 112; 2003 c 111 s 212. Prior: 1993 c 383 s 2; 1980 c 3 s 4; 1974 ex.s. c 127 s 4; 1971 ex.s. c 202 s 20; 1965 c 9 s 29.07.160; prior: 1947 c 68 s 2; 1933 c 1 s 9; Rem. Supp. 1947 s 5114-9. Formerly RCW 29.07.160. ]
NOTES:
Short title—Findings—2020 c 208: See notes following RCW 29A.08.210.
Effective date—2018 c 112 ss 1-4: "Sections 1 through 4 of this act take effect June 30, 2019." [ 2018 c 112 s 6.]
Notice to registered poll voters—Elections by mail—2011 c 10: See note following RCW 29A.04.008.
Effective dates—2004 c 267: See note following RCW 29A.08.010.
The expense of registration in all rural precincts must be paid by the county. The expense of registration in all precincts lying wholly within a city or town must be paid by the city or town. Registration expenses for this section include both active and inactive voters.
[ 2003 c 111 s 214; 1965 c 9 s 29.07.030. Prior: 1939 c 82 s 1, part; 1933 c 1 s 4, part; RRS s 5114-4, part; prior: 1891 c 104 s 4; RRS s 5119. Formerly RCW 29.07.030. ]
No record may be created or maintained by a state or local governmental agency or a political organization that identifies a voter with the information marked on the voter's ballot, except the declarations made under RCW 29A.56.050(2).
[ 2019 c 7 s 6; 2004 c 271 s 107. ]
Under no circumstances may an individual be required to affiliate with, join, adhere to, express faith in, or declare a preference for, a political party or organization upon registering to vote.
[ 2004 c 271 s 108. ]
(1) A person may sign up to register to vote if he or she is sixteen or seventeen years of age, as part of the future voter program.
(2) A person who signs up to register to vote may not vote until reaching eighteen years of age unless the person is seventeen years of age at the primary election or presidential primary election and will be eighteen years of age by the general election.
(3) A person who signs up to register to vote may not be added to the statewide voter registration list of voters until such time as he or she will be eligible to vote in the next election.
[ 2023 c 361 s 3; 2020 c 208 s 15; 2018 c 109 s 5. ]
NOTES:
Effective date—2020 c 208 ss 3, 5, 6, and 13-17: See note following RCW 29A.08.210.
Short title—Findings—2020 c 208: See notes following RCW 29A.08.210.
Findings—Intent—2018 c 109: "The legislature is committed to granting equal access to voter registration for all voters. The legislature recognizes the importance of fostering lifelong civic participation. Currently, many young people are denied access to the most popular form of voter registration, motor voter. If a young person obtains a driver's license at the age of sixteen or seventeen, they may not register to vote. Denial of motor voter to so many young voters has contributed to lower voter registration levels in the youngest voter age groups. In Washington, according to 2016 United States census bureau statistics, only twenty-one percent of eligible citizens between the ages of eighteen and twenty-four are registered to vote. Studies show that young adults who vote are likely to continue to do so throughout adulthood. The legislature recognizes that these representational disparities in registration rates and voting rates within the youth electorate will improve by enacting election policies that engage all young citizens. Therefore, the legislature declares that this act, allowing eligible youth at least sixteen years of age to preregister to vote, is intended to increase voter turnout in young adults." [ 2018 c 109 s 1.]
Effective date—2018 c 109: "This act takes effect July 1, 2019." [ 2018 c 109 s 20.]
(1) A person who has attained sixteen years of age may sign up to register to vote, as part of the future voter program, by submitting a voter registration application by mail.
(2) The applicant must attest to the truth of the information provided on the application by affirmatively accepting the information as true.
(3) If signing up to register by mail, the person must provide a signature for voter registration purposes.
(4) The applicant must affirmatively acknowledge that he or she will not vote in a special or general election until his or her eighteenth birthday.
[ 2020 c 208 s 16; 2018 c 109 s 6. ]
NOTES:
Effective date—2020 c 208 ss 3, 5, 6, and 13-17: See note following RCW 29A.08.210.
Short title—Findings—2020 c 208: See notes following RCW 29A.08.210.
Findings—Intent—Effective date—2018 c 109: See notes following RCW 29A.08.170.
(1) A person who has attained sixteen years of age and has a valid Washington state driver's license or identicard may sign up to register to vote as part of the future voter program, by submitting a voter registration application electronically on the secretary of state website.
(2) The applicant must attest to the truth of the information provided on the application by affirmatively accepting the information as true.
(3) If signing up to register electronically, the applicant must affirmatively assent to the use of his or her driver's license or identicard signature for voter registration purposes.
(4) The applicant must affirmatively acknowledge that he or she will not vote in a special or general election until his or her eighteenth birthday, and will only vote in a primary election or presidential primary election if he or she will be eighteen years of age by the general election.
(5) For each electronic registration application, the secretary of state must obtain a digital copy of the applicant's driver's license or identicard signature from the department of licensing.
(6) The secretary of state may employ additional security measures to ensure the accuracy and integrity of voter preregistration applications submitted electronically.
[ 2023 c 361 s 4; 2020 c 208 s 17; 2018 c 109 s 14. ]
NOTES:
Effective date—2020 c 208 ss 3, 5, 6, and 13-17: See note following RCW 29A.08.210.
Short title—Findings—2020 c 208: See notes following RCW 29A.08.210.
Findings—Intent—Effective date—2018 c 109: See notes following RCW 29A.08.170.
An applicant for voter registration shall complete an application providing the following information concerning the applicant's qualifications as a voter in this state:
(1) The applicant's full name;
(2) The applicant's date of birth;
(3) The address of the applicant's residence for voting purposes;
(4) The mailing address of the applicant if that address is not the same as the address in subsection (3) of this section;
(5) The gender of the applicant;
(6) The former address of the applicant if previously registered to vote;
(7) The applicant's Washington state driver's license number, Washington state identification card number, or the last four digits of the applicant's social security number if the applicant does not have a Washington state driver's license or Washington state identification card;
(8) A check box allowing the applicant to indicate membership in the armed forces, national guard, or reserves, or overseas voter status;
(9) Clear and conspicuous language, designed to draw the applicant's attention, stating that:
(a) The applicant must be a United States citizen in order to register to vote; and
(b) The applicant may register to vote if the applicant is at least sixteen years old and may vote if the applicant will be at least eighteen years old by the next general election, or is at least eighteen years old for special elections;
(10) A check box and declaration confirming that the applicant is a citizen of the United States;
(11) The following warning:
"If you knowingly provide false information on this voter registration form or knowingly make a false declaration about your qualifications for voter registration you will have committed a class C felony that is punishable by imprisonment for up to five years, a fine of up to ten thousand dollars, or both."
(12) The oath required by RCW 29A.08.230 and a space for the applicant's signatures. The secretary of state is encouraged to provide applications for voter registration with multiple signature blocks to assist in comparing signatures on ballot declarations; and
(13) Any other information that the secretary of state determines is necessary to establish the identity of the applicant and prevent duplicate or fraudulent voter registrations.
This information shall be recorded on a single registration form to be prescribed by the secretary of state.
[ 2024 c 269 s 11; (2024 c 269 s 10 expired July 15, 2024); 2023 c 466 s 6; 2020 c 208 s 3; 2018 c 109 s 8; 2009 c 369 s 16; 2005 c 246 s 11; 2003 c 111 s 216; 1994 c 57 s 11; 1990 c 143 s 7; 1973 1st ex.s. c 21 s 3; 1971 ex.s. c 202 s 9; 1965 c 9 s 29.07.070. Prior: 1947 c 68 s 3, part; 1933 c 1 s 11, part; Rem. Supp. 1947 s 5114-11, part; prior: 1921 c 177 s 7, part; 1915 c 16 s 8, part; 1901 c 135 s 4, part; 1893 c 45 s 3, part; 1889 p 416 s 8, part; RRS s 5126, part. Formerly RCW 29.07.070. ]
NOTES:
Effective date—2024 c 269 s 11: "Section 11 of this act takes effect July 15, 2024." [ 2024 c 269 s 16.]
Expiration date—2024 c 269 s 10: "Section 10 of this act expires July 15, 2024." [ 2024 c 269 s 15.]
Effective date—2023 c 466 ss 3, 4, 6, 11, 13-16, and 20-23: See note following RCW 29A.08.030.
Effective date—2020 c 208 ss 3, 5, 6, and 13-17: "Sections 3, 5, 6, and 13 through 17 of this act take effect January 1, 2022." [ 2020 c 208 s 24.]
Short title—2020 c 208: "This act may be known and cited as the voting opportunities through education act or the VOTE act." [ 2020 c 208 s 1.]
Findings—2020 c 208: "The legislature finds that robust participation by young voters in Washington state elections is critical to ensuring lifelong civic engagement. Research has shown that voting is a habitual behavior and that people who vote in the first three elections when they are eligible will likely vote for life. However, this is also the period of time when they are likely to face unique barriers to participate in the democratic process, including regularly changing their address, becoming eligible shortly after an election, and exclusion from certain voter registration policies.
The legislature also finds that the period prior to election day is the most critical time to ensure ballot access for young voters. States with early voting have higher participation rates than states that do not and the use of early voting sites on college campuses helped produce record levels of participation for young voters in 2016 and 2018.
The legislature finds that students that have more opportunities to be registered and vote are more likely to participate. Limiting statutory voter registration opportunities on college campuses to days well in advance of election day is inconsistent with implementation of same-day voter registration. Making automatic voter registration unavailable to those registering for the first time denies young voters the same benefits as every other voter." [ 2020 c 208 s 2.]
Findings—Intent—Effective date—2018 c 109: See notes following RCW 29A.08.170.
Effective date—2005 c 246: See note following RCW 10.64.140.
Severability—Effective date—1994 c 57: See notes following RCW 29A.16.040.
Effective date—1990 c 143 ss 1-8: See note following RCW 29A.08.340.
Civil disabilities of wife abolished: RCW 26.16.160.
Civil rights
loss of: State Constitution Art. 6 s 3, RCW 29A.08.520.
restoration of: RCW 9.92.066, 9.94A.637, 9.94A.885, 9.95.260, chapter 9.96 RCW.
Copy of instrument restoring civil rights as evidence: RCW 5.44.090.
Qualifications of electors: State Constitution Art. 6 s 1 (Amendment 5).
Residence defined: RCW 29A.04.151.
(1) The secretary of state shall specify by rule the format of all voter registration applications. These applications shall be compatible with existing voter registration records. An applicant for voter registration shall be required to complete only one application and to provide the required information other than the applicant's signature no more than one time. These applications shall also contain instructions for the voter to use the form to update information related to the voter's voter registration.
(2) Any application format specified by the secretary for use in registering to vote in state and local elections shall satisfy the requirements of the National Voter Registration Act of 1993 (P.L. 103-31) and the Help America Vote Act of 2002 (P.L. 107-252) for registering to vote in federal elections.
[ 2023 c 466 s 7; 2013 c 11 s 13; 2004 c 267 s 115; 2003 c 111 s 217. Prior: 1994 c 57 s 18; 1990 c 143 s 9; 1973 1st ex.s. c 21 s 7; 1971 ex.s. c 202 s 18; 1965 c 9 s 29.07.140; prior: (i) 1933 c 1 s 30; RRS s 5114-30. (ii) 1933 c 1 s 13, part; RRS s 5114-13, part. Formerly RCW 29.07.140. ]
NOTES:
Effective dates—2004 c 267: See note following RCW 29A.08.010.
Severability—1994 c 57: See note following RCW 29A.16.040.
For all voter registrations, the registrant shall sign the following oath:
"I declare that the facts on this voter registration form are true. I am a citizen of the United States, I will have lived at this address in Washington for at least thirty days immediately before the next election at which I vote, and I am at least sixteen years old. I am not disqualified from voting due to a court order, and I am not currently serving a sentence of total confinement under the jurisdiction of the department of corrections for a Washington felony conviction, and I am not currently incarcerated for a federal or out-of-state felony conviction."
[ 2021 c 10 s 2; 2020 c 208 s 4; 2013 c 11 s 14; 2009 c 369 s 17; 2003 c 111 s 218; 1994 c 57 s 12; 1990 c 143 s 8; 1973 1st ex.s. c 21 s 4; 1971 ex.s. c 202 s 10; 1965 c 9 s 29.07.080. Prior: 1933 c 1 s 12; RRS s 5114-12. Formerly RCW 29.07.080. ]
NOTES:
Effective date—2021 c 10: See note following RCW 29A.08.520.
Short title—Findings—2020 c 208: See notes following RCW 29A.08.210.
Severability—Effective date—1994 c 57: See notes following RCW 29A.16.040.
Effective date—1990 c 143 ss 1-8: See note following RCW 29A.08.340.
Civil rights
loss of: State Constitution Art. 6 s 3, RCW 29A.08.520.
restoration of: RCW 9.92.066, 9.94A.637, 9.94A.885, 9.95.260, chapter 9.96 RCW.
(1) All registration applications required under RCW 29A.08.210 and 29A.08.340 shall be produced and furnished by the secretary of state to the county auditors and the department of licensing.
(2) The county auditor shall distribute forms by which a person may register to vote by mail and update the address for any previous registration in this state. The county auditor shall keep a supply of voter registration forms in the auditor's office at all times for people and organizations interested in assisting in voter registration, and shall make every effort to make these forms generally available to the public. The county auditor shall provide voter registration forms to city and town clerks, state offices, schools, fire stations, public libraries, and any other locations considered appropriate by the auditor or secretary of state for extending registration opportunities to all areas of the county. After the initial distribution of voter registration forms to a given location, a representative designated by the official in charge of that location shall notify the county auditor of the need for additional voter registration supplies.
[ 2023 c 466 s 8; 2013 c 11 s 15; 2009 c 369 s 18; 2004 c 267 s 118; 2003 c 111 s 221. Prior: 1993 c 434 s 4. Formerly RCW 29.08.040. ]
NOTES:
Effective dates—2004 c 267: See note following RCW 29A.08.010.
In order to encourage the broadest possible voting participation by all eligible citizens, the secretary of state shall produce voter registration information in the various languages required of state agencies.
[ 2023 c 466 s 9; 2003 c 111 s 139; 2001 c 41 s 3. Formerly RCW 29A.04.240, 29.04.085. ]
(1) The governor, in consultation with the secretary of state, shall designate agencies to provide voter registration services in compliance with federal statutes. The governor, in consultation with the secretary of state, may designate local, federal, or tribal agencies, including but not limited to federal agencies administering naturalization ceremonies, to provide voter registration services, provided that such agencies consent to providing voter registration services.
(2) A federally recognized tribe may request that the governor designate one or more state facilities or state-funded facilities or programs that are located on the lands of the requesting Indian tribe or that are substantially engaged in providing services to Indian tribes, as selected by the tribe, to provide voter registration services. This provision does not alter the state's obligations under the national voter registration act.
(3) Each state agency designated shall provide voter registration services for employees and the public within each office of that agency.
(4) The secretary of state shall design and provide a standard notice informing the public of the availability of voter registration, which notice shall be posted in each state agency where such services are available.
(5) Each institution of higher education shall put in place an active prompt on its course registration website, or similar website that students actively and regularly use, that, if selected, will link the student to the secretary of state's voter registration website. The prompt must ask the student if he or she wishes to register to vote.
(6) If the governor, in consultation with the secretary of state, designates the department of corrections to provide voter registration services under this section, a county auditor shall process a voter registration application from a person transmitted by the department of corrections as an application to sign up to register to vote. A person who signs up to register to vote under this subsection is classified as pending until such time as he or she will be eligible to vote in the next election. An acknowledgment notice shall not be sent prior to receipt of notice from the department of corrections that a person is released from, or transferred to partial confinement from, total confinement under the jurisdiction of the department of corrections.
[ 2025 c 330 s 3; 2019 c 6 s 4; 2009 c 369 s 19; 2003 c 111 s 222; 2002 c 185 s 3; 1994 c 57 s 10; 1984 c 211 s 2. Formerly RCW 29.07.025. ]
NOTES:
Severability—Effective date—1994 c 57: See notes following RCW 29A.16.040.
Intent—1984 c 211: "It is the intention of the legislature, in order to encourage the broadest possible participation in the electoral process by the citizens of the state of Washington, to make voter registration services available in state offices which have significant contact with the public." [ 1984 c 211 s 1.]
A person applying for government services which require proof of citizenship as part of that application may receive automatic voter registration services by providing the following information:
(1) Name;
(2) Residential address;
(3) Date of birth;
(4) A signature attesting to the truth of the information provided on the application;
(5) An address where the person receives mail, if different from the residence address; and
(6) Presentation of documentation as part of another government transaction confirming the individual is a United States citizen.
[ 2023 c 466 s 1. ]
For persons not performing an automatic voter registration transaction subject to RCW 29A.08.315:
(1) A person may register to vote or update their residential address information for a voter registration when applying for service or assistance and with each renewal, recertification, or change of address at agencies designated under RCW 29A.08.310.
(2) A prospective applicant shall initially be offered a form approved by the secretary of state designed to determine whether the person wishes to register to vote. The form must comply with all applicable state and federal statutes regarding content.
The form shall also contain a box that may be checked by the applicant to decline to register at the time of the transaction.
If the person indicates an interest in registering or has made no indication as to a desire to register or not register to vote, the person shall be given a mail-in voter registration application or a prescribed agency application as provided by RCW 29A.08.330.
[ 2023 c 466 s 10. Prior: 2004 c 267 s 119; 2004 c 266 s 7; 2003 c 111 s 223; prior: 1994 c 57 s 27. Formerly RCW 29.07.430. ]
NOTES:
Effective dates—2004 c 267: See note following RCW 29A.08.010.
Effective date—2004 c 266: See note following RCW 29A.04.575.
Severability—Effective date—1994 c 57: See notes following RCW 29A.16.040.
(1) The secretary of state shall prescribe the method of voter registration for each designated agency. The agency shall use either the state voter registration by mail form with a separate declination form for the applicant to decline to register at this time, or the agency may use a separate form or process approved for use by the secretary of state.
(2) The person providing service at the agency shall offer voter registration services to every client at the time of application for service or assistance and with each renewal, recertification, or change of address. The person providing service shall give the applicant the same level of assistance with the voter registration application as is offered to fill out the agency's forms and documents, including information about age and citizenship requirements for voter registration.
(3)(a) The person providing service at the agency shall determine if the prospective applicant wants to register to vote or update the applicant's voter registration by asking the following question of all applicants age 16 or older:
"Do you want to register or sign up to vote or update your voter registration?"
(b) If the applicant chooses to register, sign up, or update a registration, the service agent shall ask the following:
"Are you a United States citizen?"
If the applicant answers in the affirmative, the agent shall then provide the applicant with a voter registration form and instructions and shall record that the applicant has requested to sign up to vote, register to vote, or update a voter registration. If the applicant answers in the negative to the question, the agent shall not provide the applicant with a voter registration application.
(4) If an agency uses a computerized application process, it may, in consultation with the secretary of state, develop methods to capture simultaneously the information required for voter registration during a person's computerized application process.
(5) Each designated agency shall transmit the applications to the secretary of state or appropriate county auditor within three business days and must be received by the election official by the required voter registration deadline.
(6) Disclosure of information on individuals under the age of 18 is subject to RCW 29A.08.725.
[ 2023 c 466 s 11; 2023 c 361 s 5; 2020 c 208 s 5; 2019 c 391 s 6; 2018 c 109 s 18; 2013 c 11 s 16; 2009 c 369 s 20; 2005 c 246 s 14; 2003 c 111 s 224. Prior: 2001 c 41 s 7; 1994 c 57 s 28. Formerly RCW 29.07.440. ]
NOTES:
Reviser's note: This section was amended by 2023 c 361 s 5 and by 2023 c 466 s 11, 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).
Effective date—2023 c 466 ss 3, 4, 6, 11, 13-16, and 20-23: See note following RCW 29A.08.030.
Effective date—2020 c 208 ss 3, 5, 6, and 13-17: See note following RCW 29A.08.210.
Short title—Findings—2020 c 208: See notes following RCW 29A.08.210.
Findings—Intent—Effective date—2018 c 109: See notes following RCW 29A.08.170.
Effective date—2005 c 246: See note following RCW 10.64.140.
Severability—Effective date—1994 c 57: See notes following RCW 29A.16.040.
(1) A person not performing an automatic voter registration transaction under RCW 29A.08.315 may register to vote or update the person's existing voter registration when applying for or renewing a driver's license or identification card under chapter 46.20 RCW.
(2) To register to vote or update a registration, the applicant shall provide the information required by RCW 29A.08.010.
(3) The driver licensing agent shall record that the applicant has requested to register to vote or update a voter registration.
[ 2023 c 466 s 12; 2013 c 11 s 17; 2003 c 111 s 225; 2001 c 41 s 16; 1999 c 298 s 6; 1994 c 57 s 21; 1990 c 143 s 1. Formerly RCW 29.07.260. ]
NOTES:
Severability—Effective date—1994 c 57: See notes following RCW 29A.16.040.
Effective date—1990 c 143 ss 1-8: "Sections 1 through 8 of this act shall take effect January 1, 1992." [ 1990 c 143 s 13.]
Civil rights
loss of: State Constitution Art. 6 s 3, RCW 29A.08.520.
restoration of: RCW 9.92.066, 9.94A.637, 9.94A.885, 9.95.260, chapter 9.96 RCW.
Driver licensing agents duties regarding voter registration: RCW 46.20.155.
The department of licensing shall produce and transmit to the secretary of state the following information from the records of each individual who requested to register to vote or update the individual's existing voter registration at a driver's license facility: The name, address, date of birth, any gender information provided by the applicant, the driver's license number, signature image, any language preference information collected, any phone number provided by the voter, any email address provided by the voter, and the date on which the application for voter registration or update was submitted. The secretary of state shall process the registrations and updates as an electronic application. If requested by the secretary of state, the department shall provide copies of the documents submitted to prove citizenship for an individual subject to this section.
[ 2023 c 466 s 13; 2018 c 110 s 106; 2013 c 11 s 18; 2009 c 369 s 21; 2004 c 267 s 120; 2003 c 111 s 226; 1994 c 57 s 22; 1990 c 143 s 2. Formerly RCW 29.07.270. ]
NOTES:
Effective date—2023 c 466 ss 3, 4, 6, 11, 13-16, and 20-23: See note following RCW 29A.08.030.
Effective date—2018 c 110 ss 101-107: See note following RCW 29A.08.355.
Short title—Findings—Intent—2018 c 110: See notes following RCW 29A.08.355.
Effective dates—2004 c 267: See note following RCW 29A.08.010.
Severability—Effective date—1994 c 57: See notes following RCW 29A.16.040.
Effective date—1990 c 143 ss 1-8: See note following RCW 29A.08.340.
(1) The department of licensing must collect and transmit to the secretary of state voter registration information for all citizens applying for, renewing, or updating an enhanced driver's license or enhanced identicard by automated process at the time of registration, renewal, or change of address if:
(a) The person meets requirements for voter registration;
(b) The person has received or is renewing an enhanced driver's license or enhanced identicard issued under RCW 46.20.202 or is changing the address for an existing enhanced driver's license or enhanced identicard pursuant to RCW 46.20.205; and
(c) The department of licensing record associated with the applicant contains:
(i) The data required to determine whether the applicant meets requirements for voter registration under RCW 29A.08.010;
(ii) Other information as required by the secretary of state; and
(iii) A signature image.
(2) The department of licensing must collect and transmit to the secretary of state voter registration information for all citizens applying for, renewing, or updating an enhanced driver's license or enhanced identicard 16 or 17 years of age if:
(a) The person meets requirements to sign up to register to vote;
(b) The person has received or is renewing an enhanced driver's license or enhanced identicard issued under RCW 46.20.202 or is changing the address for an existing enhanced driver's license or enhanced identicard pursuant to RCW 46.20.205; and
(c) The department of licensing record associated with the applicant contains:
(i) The data required to determine whether the applicant meets the requirements for voter registration under RCW 29A.08.210, other than age;
(ii) Other information as required by the secretary of state; and
(iii) A signature image.
[ 2023 c 466 s 14; 2020 c 208 s 7; 2018 c 110 s 102. ]
NOTES:
Effective date—2023 c 466 ss 3, 4, 6, 11, 13-16, and 20-23: See note following RCW 29A.08.030.
Effective date—2020 c 208 ss 7, 8, 18, 20, and 21: "Sections 7, 8, 18, 20, and 21 of this act take effect September 1, 2023." [ 2020 c 208 s 25.]
Short title—Findings—2020 c 208: See notes following RCW 29A.08.210.
Effective date—2018 c 110 ss 101-107: "Sections 101 through 107 of this act take effect July 1, 2019." [ 2018 c 110 s 208.]
Short title—2018 c 110: "This act may be known and cited as the automatic voter registration act of 2018." [ 2018 c 110 s 1.]
Findings—Intent—2018 c 110: "(1) The legislature finds that:
(a) The right to vote is enshrined as one of the greatest virtues of our democracy and that an engaged citizenry is essential at each level of government to ensure that all voices are heard; and
(b) State and local governments should take every step possible to make it easier to vote in Washington state and ensure that fundamental values of a true democracy with full participation remains one of our most important functions. Providing additional opportunities for people to register to vote and helping them make their own choices about who represents them in this democracy and about important issues that are central to their lives and communities are essential to upholding these values.
(2) Therefore, the legislature intends to increase the opportunity to register to vote for persons qualified under Article VI of the Washington state Constitution by expanding the streamlined voter registration process that will increase opportunities for voter registration without placing new undue burdens on government agencies." [ 2018 c 110 s 2.]
(1) For applicants served under RCW 29A.08.355, the application is submitted pursuant to RCW 29A.08.350 and marked as an automatic voter registrant.
(2) For each such application, the secretary of state must obtain a digital copy of the applicant's signature image from the department of licensing.
[ 2023 c 466 s 15; 2018 c 110 s 103. ]
NOTES:
Effective date—2023 c 466 ss 3, 4, 6, 11, 13-16, and 20-23: See note following RCW 29A.08.030.
Effective date—2018 c 110 ss 101-107: See note following RCW 29A.08.355.
Short title—Findings—Intent—2018 c 110: See notes following RCW 29A.08.355.
(1)(a) For persons age eighteen years and older registering under RCW 29A.08.355(1), an application is considered complete only if it contains the information required by RCW 29A.08.010 and other information as required by the secretary of state. The applicant is considered to be registered to vote as of the original date of issuance or renewal or date of change of address of an enhanced driver's license or enhanced identicard issued under RCW 46.20.202 or change of address for an existing enhanced driver's license or enhanced identicard pursuant to RCW 46.20.205.
(b) For persons sixteen or seventeen years of age registering under RCW 29A.08.355(2), an application is considered complete only if it contains the information required by RCW 29A.08.010 and other information as required by the secretary of state. The applicant is considered to be registered to vote as of the date set forth in RCW 29A.08.110(1).
(c) The information must be transmitted daily to the secretary of state.
(i) If the information shows no name change or change of residence or mailing address for an existing voter registration, the auditor may choose to send the voter an acknowledgment notice.
(ii) If the information is an application for new registration or updates any element of an existing voter registration, the auditor shall update the voter's record and, if the information updates the voter's name, residence address, or mailing address, record the appropriate precinct identification, taxing district identification, and date of registration on the voter's record in the state voter registration list and send an automatic voter registration acknowledgment notice package within five business days of the original application, or, if the information is received after the deadline to register to vote or update a voter registration under RCW 29A.08.140 (1)(a) or (2)(a)(i), within five business days after the election. Any mailing address provided shall be used only for mail delivery purposes, and not for precinct assignment or residency purposes.
(d) An auditor may use other means to communicate with potential and registered voters such as, but not limited to, email, phone, or text messaging. The alternate form of communication must not be in lieu of the mail requirements. The auditor shall act in compliance with all voter notification processes established in federal law.
(2) If an application is not complete, the auditor shall promptly mail a verification notice to the applicant. The verification notice must require the applicant to provide the missing information. If the applicant provides the required information within forty-five days, the applicant must be registered to vote. The applicant must not be placed on the official list of registered voters until the application is complete.
(3) If the prospective registration applicant responds to the automatic voter registration acknowledgment notice and declines to register to vote or the information provided by the department of licensing does not indicate citizenship, the information must not be included on the list of registered voters.
(4)(a) For new registrants who decline registration in a reply that is received by the auditor within 15 days from the date of mailing of the automatic voter registration acknowledgment notice package, the voter registration record shall be removed from the list of registered voters, and the person is deemed to have never registered to vote.
(b) If the reply declining registration is received after the deadline, the auditor shall cancel the voter's registration.
(5) The department of licensing is prohibited from sharing data files used by the secretary of state to certify voters registered through the automated process outlined in RCW 29A.08.355 with any federal agency, or state agency other than the secretary of state. Personal information supplied for the purposes of obtaining a driver's license or identicard is exempt from public inspection pursuant to RCW 42.56.230.
[ 2023 c 466 s 16; 2020 c 208 s 18; 2019 c 391 s 8; 2018 c 110 s 104. ]
NOTES:
Effective date—2023 c 466 ss 3, 4, 6, 11, 13-16, and 20-23: See note following RCW 29A.08.030.
Effective date—2020 c 208 ss 7, 8, 18, 20, and 21: See note following RCW 29A.08.355.
Short title—Findings—2020 c 208: See notes following RCW 29A.08.210.
Effective date—2018 c 110 ss 101-107: See note following RCW 29A.08.355.
Short title—Findings—Intent—2018 c 110: See notes following RCW 29A.08.355.
(1) The health benefit exchange shall provide the following information to the secretary of state's office for consenting Washington healthplanfinder applicants who affirmatively indicate that they are interested in registering to vote, including applicants who file changes of address, who reside in Washington, are age eighteen years or older, and are verified citizens, for voter registration purposes:
(a) Names;
(b) Traditional or nontraditional residential addresses;
(c) Mailing addresses, if different from the traditional or nontraditional residential address; and
(d) Dates of birth.
(2) The health benefit exchange shall consult with the secretary of state's office to ensure that sufficient information is provided to allow the secretary of state to obtain a digital copy of the person's signature when available from the department of licensing and establish other criteria and procedures that are secure and compliant with federal and state voter registration and privacy laws and rules.
(3)(a) Notwithstanding subsection (1) of this section, the health benefit exchange may provide the information identified in subsection (1)(a) through (d) of this section to the secretary of state's office for Washington healthplanfinder applicants, including applicants who file changes of address, who reside in Washington, who are age 18 years or older, and whose citizenship is reliably verified through an electronic database match as part of the eligibility determination process, if:
(i) The health benefit exchange sends the applicant a notice within five business days of the original application informing the applicant that the health benefit exchange will provide the information identified in subsection (1)(a) through (d) of this section to the secretary of state's office for voter registration purposes unless the applicant declines; and
(ii) The applicant does not respond to the notice identified in (a)(i) of this subsection to decline to provide their information for voter registration within 15 days from the date of mailing.
(b) If the secretary of state provides voter registration data to the health benefit exchange showing that an applicant has an existing voter registration and the information identified in subsection (1)(a) through (d) of this section shows no name change or change of residence or mailing address, the health benefit exchange is not required to send the notice identified in subsection (a)(i) of this subsection or transmit the information identified in subsection (1)(a) through (d) of this section to the secretary of state. The secretary of state may serve as the agent of the health benefit exchange for purposes of this subsection.
(4) Upon receipt of the information through the procedure identified in subsection (3) of this section, the secretary of state shall implement automatic voter registration through a procedure that substantially meets the requirements of RCW 29A.08.359.
(5) If the health benefit exchange determines, in consultation with the health care authority, that implementation of an automatic voter registration system requires approval from the centers for medicare and medicaid services, then any implementation is contingent on receiving that approval.
[ 2025 c 330 s 2; 2023 c 466 s 17; 2018 c 110 s 201. ]
NOTES:
Short title—Findings—Intent—2018 c 110: See notes following RCW 29A.08.355.
(1) The governor shall make a decision, in consultation with the office of the secretary of state, as to whether each agency identified in subsection (2) of this section shall implement automatic voter registration. The final decision is at the governor's sole discretion.
(2) This section applies to state agencies, other than the health benefit exchange, providing public assistance or services to persons with disabilities, designated pursuant to RCW 29A.08.310(1), that collect, process, and store the following information as part of providing assistance or services:
(a) Names;
(b) Traditional or nontraditional residential addresses;
(c) Dates of birth;
(d) A signature attesting to the truth of the information provided on the application for assistance or services; and
(e) Verification of citizenship information, via social security administration data match or manually verified by the agency during the client transaction.
(3) Once an agency has implemented automatic voter registration, it shall continue to provide automatic voter registration unless legislation is enacted that directs the agency to do otherwise.
(4) Agencies may not begin verifying citizenship as part of an agency transaction for the sole purpose of providing automatic voter registration.
(5) The governor shall make a decision, in consultation with the office of the secretary of state, as to whether state agencies that collect, possess, and store the information identified in subsection (2) of this section may implement automatic voter registration through a procedure that substantially meets the requirements of RCW 29A.08.359, or as to whether state agencies that collect, possess, and store the information in subsection (2)(a) through (c) of this section may implement automatic updates of existing voter registrations through a procedure that substantially meets the requirements of RCW 29A.08.359. The governor shall make the same decision, in consultation with the office of the secretary of state, as to local, federal, or tribal agencies, including but not limited to federal agencies administering naturalization ceremonies, provided that such agencies consent to implementing automatic voter registration or automatic updates of existing voter registrations. The final decision is at the governor's sole discretion.
(6) After confirming that the application for assistance or services identified in subsection (2) of this section contains a signature attesting to the truth of the information provided on the application, the secretary of state may obtain a digital copy of the applicant's signature image from the department of licensing, if available, for purposes of voter registration.
[ 2025 c 330 s 1; 2023 c 466 s 18; 2018 c 110 s 202. ]
NOTES:
Short title—Findings—Intent—2018 c 110: See notes following RCW 29A.08.355.
(1) If a person who is ineligible to vote becomes, in the rare occasion, registered to vote under RCW 29A.08.355 or 29A.08.362 in the absence of a knowing violation by that person of RCW 29A.84.140, that person shall be deemed to have performed an authorized act of registration and such act may not be considered as evidence of a claim to citizenship.
(2) Unless a person willfully and knowingly votes or attempts to vote knowing that he or she is not entitled to vote, a person who is ineligible to vote and becomes registered to vote under RCW 29A.08.355 or 29A.08.362, and subsequently votes or attempts to vote in an election held after the effective date of the person's registration, is not guilty of violating RCW 29A.84.130, and shall be deemed to have performed an authorized act, and such act may not be considered as evidence of a claim to citizenship.
(3) A person who is ineligible to vote, who successfully completes the voter registration process under RCW 29A.08.355 or 29A.08.362 or votes in an election, must have their voter registration, or record of vote, removed from the voter registration database and any other application records.
(4) Should an ineligible individual become registered to vote, the office of the secretary of state and the relevant agency shall jointly determine the cause. If the cause is found to be intentional registration of ineligible persons by a person employed by the state or county government tasked with assisting the public with voter registration, that government employee is subject to the penalties of RCW 29A.84.110.
[ 2023 c 466 s 19; 2018 c 110 s 203. ]
NOTES:
Short title—Findings—Intent—2018 c 110: See notes following RCW 29A.08.355.
A registered voter who changes residence from one address to another may transfer the voter's registration to the new address in one of the following ways:
(1) Sending the county auditor a request stating both the voter's present address and the address from which the voter was last registered received by an election official by the eighth day prior to a primary or election;
(2) Appearing in person before a county auditor, or at a voting center or other location designated by the county auditor, and making such a request up until 8:00 p.m. on the day of the primary or election;
(3) Telephoning or emailing the county auditor to update the voter's registration address by the eighth day prior to a primary or election;
(4) Submitting a voter registration application received by an election official by the eighth day prior to a primary or election;
(5) Submitting information to the department of licensing and received by an election official by the eighth day prior to a primary or election;
(6) Submitting voter registration information through the health benefit exchange and received by an election official by the eighth day prior to a primary or election; or
(7) Submitting information to an agency designated under RCW 29A.08.365 and received by an election official by the eighth day prior to a primary or election once automatic voter registration is implemented at the agency.
[ 2024 c 56 s 1; 2019 c 391 s 7. Prior: 2018 c 112 s 3; 2018 c 110 s 204; 2009 c 369 s 22; 2003 c 111 s 228; 1994 c 57 s 35; 1991 c 81 s 23; 1975 1st ex.s. c 184 s 2; 1971 ex.s. c 202 s 24; 1965 c 9 s 29.10.020; prior: 1955 c 181 s 4; prior: 1933 c 1 s 14, part; RRS s 5114-14, part; prior: 1919 c 163 s 9, part; 1915 c 16 s 9, part; 1889 p 417 s 12, part; RRS s 5129, part. Formerly RCW 29.10.020. ]
NOTES:
Effective date—2024 c 56: "This act takes effect June 1, 2025." [ 2024 c 56 s 5.]
Effective date—2018 c 112 ss 1-4: See note following RCW 29A.08.140.
Short title—Findings—Intent—2018 c 110: See notes following RCW 29A.08.355.
Severability—1994 c 57: See note following RCW 29A.16.040.
Effective date—1991 c 81: See note following RCW 29A.84.540.
Severability—1975 1st ex.s. c 184: See note following RCW 29A.08.135.
A registered voter who changes his or her name shall notify the county auditor regarding the name change by submitting a notice clearly identifying the name under which he or she is registered to vote, the voter's new name, and the voter's residence, and providing a signature of the new name, or by submitting a voter registration application.
[ 2011 c 10 s 16; 2009 c 369 s 25; 2003 c 111 s 231; 1994 c 57 s 37; 1991 c 81 s 25. Formerly RCW 29.10.051. ]
NOTES:
Notice to registered poll voters—Elections by mail—2011 c 10: See note following RCW 29A.04.008.
Severability—Effective date—1994 c 57: See notes following RCW 29A.16.040.
Effective date—1991 c 81: See note following RCW 29A.84.540.
The registrations of deceased voters may be canceled from voter registration lists as follows:
(1) Periodically, the registrar of vital statistics of the state shall prepare a list of persons who resided in each county, for whom a death certificate was transmitted to the registrar and was not included on a previous list, and shall supply the list to the secretary of state.
The secretary of state shall compare this list with the registration records and cancel the registrations of deceased voters.
(2) In addition, each county auditor may also use government agencies and newspaper obituary articles as a source of information for identifying deceased voters and canceling a registration. The auditor must verify the identity of the voter by matching the voter's date of birth or an address. The auditor shall record the date and source of the information in the cancellation records.
(3) In addition, any registered voter may sign a statement, subject to the penalties of perjury, to the effect that to his or her personal knowledge or belief another registered voter is deceased. This statement may be filed with the county auditor or the secretary of state. Only upon the receipt of such signed statement, and confirmation by the county auditor or the secretary of state, may the voter's registration be canceled from the official state voter registration list.
[ 2026 c 212 s 1; 2009 c 369 s 26; 2004 c 267 s 124; 2003 c 111 s 232; 1999 c 100 s 1; 1994 c 57 s 41; 1983 c 110 s 1; 1971 ex.s. c 202 s 29; 1965 c 9 s 29.10.090. Prior: 1961 c 32 s 1; 1933 c 1 s 20; RRS s 5114-20. Formerly RCW 29.10.090. ]
NOTES:
Effective dates—2004 c 267: See note following RCW 29A.08.010.
Severability—1994 c 57: See note following RCW 29A.16.040.
Upon receiving official notice that a court has imposed a guardianship for a person under RCW 11.130.265 and has determined that the person is incompetent for the purpose of rationally exercising the right to vote, if the person subject to guardianship is a registered voter in the county, the county auditor shall cancel that person's voter registration.
[ 2020 c 312 s 728; 2004 c 267 s 125. ]
NOTES:
Effective dates—2020 c 312: See note following RCW 11.130.915.
Effective dates—2004 c 267: See note following RCW 29A.08.010.
(1) For a felony conviction in a Washington state court, the right to vote is automatically restored as long as the person is not serving a sentence of total confinement under the jurisdiction of the department of corrections. For a felony conviction in a federal court or any state court other than a Washington state court, the right to vote is automatically restored as long as the person is no longer incarcerated. A person who has been convicted of a felony and is either sentenced to a term of total confinement under the jurisdiction of the department of corrections or otherwise incarcerated as provided for in this subsection must reregister to vote prior to voting.
(2) At least once a month, the secretary of state shall compare the list of registered voters to a list of persons who are not eligible to vote as provided in subsection (1) of this section. If a registered voter is not eligible to vote as provided in this section, the secretary of state or county auditor shall confirm the match through a date of birth comparison and suspend the voter registration from the official state voter registration list. The secretary of state or county auditor shall send to the person at his or her last known voter registration address and at the department of corrections, if the person is serving a sentence of total confinement under the jurisdiction of the department, a notice of the proposed cancellation and an explanation of the requirements for restoring the right to vote and reregistering. To the extent possible, the secretary of state shall time the comparison required by this subsection to allow notice and cancellation of voting rights for ineligible voters prior to a primary or general election.
(3) For the purposes of this section, a sentence of total confinement does not include confinement imposed as a sanction for a community custody violation under RCW 9.94A.633(1).
[ 2021 c 10 s 1; 2013 c 11 s 19. Prior: (2009 c 369 s 27 repealed by 2013 c 11 s 95); 2009 c 325 s 1; 2005 c 246 s 15; 2004 c 267 s 126; 2003 c 111 s 233; prior: 1994 c 57 s 42. Formerly RCW 29.10.097. ]
NOTES:
Effective date—2021 c 10: "This act takes effect January 1, 2022." [ 2021 c 10 s 8.]
Effective date—2005 c 246: See note following RCW 10.64.140.
Effective dates—2004 c 267: See note following RCW 29A.08.010.
Severability—Effective date—1994 c 57: See notes following RCW 29A.16.040.
Restoration of civil rights: RCW 9.92.066, 9.94A.637, 9.94A.885, 9.95.260, chapter 9.96 RCW.
Registration records of persons whose voter registrations have been canceled as authorized under this title must be preserved in the manner prescribed by rule by the secretary of state. Information from such canceled registration records is available for public inspection and copying to the same extent established by RCW 29A.08.710 for other voter registration information.
[ 2004 c 267 s 127; 2003 c 111 s 235. Prior: 1991 c 81 s 26; 1971 ex.s. c 202 s 32; 1965 ex.s. c 156 s 1; 1965 c 9 s 29.10.110; prior: 1961 c 32 s 2; 1947 c 85 s 5; 1933 c 1 s 21; Rem. Supp. 1947 s 5114-21. Formerly RCW 29.10.110. ]
NOTES:
Effective dates—2004 c 267: See note following RCW 29A.08.010.
Effective date—1991 c 81: See note following RCW 29A.84.540.
The secretary of state shall conduct an ongoing list maintenance program designed to detect persons registered in more than one county or voting in more than one county in an election. This program must be applied uniformly throughout the state and must be nondiscriminatory in its application.
The office of the secretary of state shall search the statewide voter registration list to find registered voters with the same date of birth and similar names. Once the potential duplicate registrations are identified, the secretary of state shall refer the potential duplicate registrations to the appropriate county auditors, who shall compare the signatures on each voter registration record and, after confirming that a duplicate registration exists properly resolve the duplication.
If a voter is suspected of voting in two or more counties in an election, the county auditors in each county shall cooperate without delay to determine the voter's county of residence. The county auditor of the county of residence of the voter suspected of voting in two or more counties shall take action under RCW 29A.84.010 without delay.
[ 2009 c 369 s 28; 2004 c 267 s 129; 2003 c 111 s 237; 2001 c 41 s 10; 1999 c 100 s 4. Formerly RCW 29.10.185. ]
NOTES:
Effective dates—2004 c 267: See note following RCW 29A.08.010.
(1) Registered voters are divided into two categories, "active" and "inactive." All registered voters are classified as active, unless assigned to inactive status by the county auditor.
(2) Persons signing up to register to vote as future voters as defined under RCW 29A.04.070 are classified as "pending" until the person will be at least eighteen years of age by the next election, or eligible to participate in the next presidential primary or primary under RCW 29A.08.110 or 29A.08.170.
[ 2023 c 361 s 6; 2018 c 109 s 9; 2003 c 111 s 238. Prior: 1994 c 57 s 34. Formerly RCW 29.10.015. ]
NOTES:
Findings—Intent—Effective date—2018 c 109: See notes following RCW 29A.08.170.
Severability—Effective date—1994 c 57: See notes following RCW 29A.16.040.
(1) Each county auditor must request change of address information from the postal service for all mail ballots.
(2)(a) If change of address information received by the county auditor from the postal service, the department of licensing, or another agency designated to provide voter registration services indicates that the voter has moved within the county, the county auditor shall update the registration address for the voter's registration and send an acknowledgment notice to the new address informing the voter of the update.
(b) If the change of address information indicates the voter has moved out of the county but within the state:
(i) The county auditor shall notify the auditor of the voter's new county of residence of the change; and
(ii) The county auditor of the voter's new county of residence shall update the registration information of the voter to the new address within the county and send an acknowledgment notice to the new address informing the voter of the update.
(c) If the information indicates the voter has moved to a residence outside the state, the county auditor shall place the voter's registration on inactive status and send to all known addresses a confirmation notice. Such information may include any of the following:
(i) Any document mailed by the county auditor to a voter is returned by the postal service as undeliverable without address correction information; or
(ii) Change of address information received from the postal service, the department of licensing, or another state agency designated to provide voter registration services indicates that the voter has moved out of the state.
[ 2024 c 56 s 2; 2011 c 10 s 17; 2009 c 369 s 29. Prior: 2004 c 267 s 130; 2004 c 266 s 8; 2003 c 111 s 239; prior: 1994 c 57 s 38. Formerly RCW 29.10.071. ]
NOTES:
Effective date—2024 c 56: See note following RCW 29A.08.410.
Notice to registered poll voters—Elections by mail—2011 c 10: See note following RCW 29A.04.008.
Effective dates—2004 c 267: See note following RCW 29A.08.010.
Effective date—2004 c 266: See note following RCW 29A.04.575.
Severability—Effective date—1994 c 57: See notes following RCW 29A.16.040.
(1) A voter whose registration has been made inactive under this chapter and who requests to vote at an ensuing election before two federal general elections have been held must be allowed to vote a regular ballot applicable to the voter's current residence address, and the voter's registration record updated and restored to active status.
(2) An eligible voter whose registration has been properly canceled under this chapter shall be allowed to register to vote at the voter's current residence address.
[ 2023 c 466 s 24; 2009 c 369 s 30; 2003 c 111 s 240; 1994 c 57 s 47. Formerly RCW 29.10.220. ]
NOTES:
Severability—Effective date—1994 c 57: See notes following RCW 29A.16.040.
(1) The county auditor shall return an inactive voter to active voter status if, prior to the passage of two federal general elections, the voter:
(a) Notifies the auditor of a change of address;
(b) Responds to a confirmation notice with information that he or she continues to reside at the registration address; or
(c) Votes or attempts to vote in a primary, special election, or general election.
(2) If the inactive voter fails to provide a notice or take an action as described in subsection (1) of this section, the auditor shall cancel the person's voter registration.
(3) The county auditor must cancel an inactive voter registration when:
(a) The county auditor receives and confirms information under RCW 29A.08.510 that the voter has died;
(b) The county auditor receives information under RCW 29A.08.135 that the voter has registered to vote in another state; or
(c) The county auditor receives a signed, written notification from the voter that the voter has moved out of the state or that the voter wishes to have their registration canceled. Prior to cancellation of such a registration the auditor shall verify that the signature on the notification matches the signature in the voter registration file.
[ 2026 c 212 s 2; 2023 c 466 s 25; 2009 c 369 s 31; 2004 c 267 s 131; 2003 c 111 s 241. Prior: 1994 c 57 s 39. Formerly RCW 29.10.075. ]
NOTES:
Effective dates—2004 c 267: See note following RCW 29A.08.010.
Severability—Effective date—1994 c 57: See notes following RCW 29A.16.040.
Confirmation notices must be on a form prescribed by, or approved by, the secretary of state and must request that the voter verify that the voter continues to reside at the address of record and desires to continue to use that address for voting purposes, or provide a new residence address for voting, or provide information that the voter no longer resides in the state. The notice must inform the voter that if the voter does not respond to the notice and does not vote in either of the next two federal general elections, the voter's registration will be canceled.
[ 2023 c 466 s 26; 2009 c 369 s 32; 2003 c 111 s 242. Prior: 1994 c 57 s 45. Formerly RCW 29.10.200. ]
NOTES:
Severability—Effective date—1994 c 57: See notes following RCW 29A.16.040.
(1) If the response to the confirmation notice from the voter indicates that the voter has changed residence address or location within the county, the auditor shall update the voter record to reflect the new residence address within the auditor's county. If the response indicates that the voter has moved outside the county, but within the state, the auditor shall notify the county auditor of the voter's new county of residence of the change.
(2) The county auditor of the voter's new county of residence, upon receiving notice under subsection (1) of this section, shall transfer the voter's registration record to the new address and send the voter an acknowledgment notice.
(3) If the response from the voter indicates that the voter has left the state, the auditor shall cancel the voter's registration on the official state voter registration list.
[ 2024 c 56 s 3; 2009 c 369 s 33; 2004 c 267 s 132; 2003 c 111 s 243. Prior: 1994 c 57 s 46. Formerly RCW 29.10.210. ]
NOTES:
Effective date—2024 c 56: See note following RCW 29A.08.410.
Effective dates—2004 c 267: See note following RCW 29A.08.010.
Severability—Effective date—1994 c 57: See notes following RCW 29A.16.040.
After certification of general, primary, and presidential primary election results, county auditors are encouraged to contact each registered voter to obtain an updated signature for the voter's registration file. Failure to respond to contact from the county auditor under this section shall not impact the voter's registration status. Any contact from a county auditor under this section must clearly state that the voter is not required to provide an updated signature and that providing an updated signature is not a requirement to vote in any future election.
[ 2024 c 269 s 2. ]
(1) The county auditor shall have custody of the original voter registration records and voter registration sign up records for each county. The original voter registration form must be filed without regard to precinct and is considered confidential and unavailable for public inspection and copying. An automated file of all registered voters must be maintained pursuant to RCW 29A.08.125. An auditor may maintain the automated file in lieu of filing or maintaining the original voter registration forms if the automated file includes all of the information from the original voter registration forms including, but not limited to, a retrievable facsimile of each voter's signature.
(2)(a) The following information contained in voter registration records or files regarding a voter or a group of voters is available for public inspection and copying, except as provided in RCW 40.24.060 and (b) of this subsection: The voter's name, address, political jurisdiction, gender, year of birth, voting record, date of registration, and registration number. No other information from voter registration records or files is available for public inspection or copying.
(b) Disclosure of information on individuals under the age of 18 is subject to RCW 29A.08.725.
[ 2023 c 466 s 27; 2023 c 361 s 7; 2018 c 109 s 10; 2005 c 246 s 17; 2004 c 267 s 133; 2003 c 111 s 246; 1994 c 57 s 17; 1991 c 81 s 21; 1971 ex.s. c 202 s 17; 1965 c 9 s 29.07.130. Prior: 1933 c 1 s 13, part; RRS s 5114-13, part. Formerly RCW 29.07.130. ]
NOTES:
Reviser's note: This section was amended by 2023 c 361 s 7 and by 2023 c 466 s 27, 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—Effective date—2018 c 109: See notes following RCW 29A.08.170.
Effective date—2005 c 246: See note following RCW 10.64.140.
Effective dates—2004 c 267: See note following RCW 29A.08.010.
Severability—1994 c 57: See note following RCW 29A.16.040.
Effective date—1991 c 81: See note following RCW 29A.84.540.
(1) In the case of voter registration records received through the health benefit exchange, the department of licensing, or an agency designated under RCW 29A.08.310, the identity of the office or agency at which any particular individual registered to vote must be used only for voter registration purposes, is not available for public inspection, and shall not be disclosed to the public. Any record of a particular individual's choice not to register to vote at an office of the department of licensing or a state agency designated under RCW 29A.08.310 is not available for public inspection and any information regarding such a choice by a particular individual shall not be disclosed to the public.
(2) Disclosure of information on individuals under the age of 18 is subject to RCW 29A.08.725.
(3)(a) Subject to the restrictions of RCW 29A.08.710 and 40.24.060, and (b) of this subsection, precinct lists and current lists of registered voters are public records and must be made available for public inspection and copying under such reasonable rules and regulations as the county auditor or secretary of state may prescribe. The county auditor or secretary of state shall promptly furnish current lists of registered voters in his or her possession, at actual reproduction cost, to any person requesting such information. The lists shall not be used for the purpose of mailing or delivering any advertisement or offer for any property, establishment, organization, product, or service or for the purpose of mailing or delivering any solicitation for money, services, or anything of value. However, the lists and labels may be used for any political purpose. The county auditor or secretary of state must provide a copy of RCW 29A.08.740 to the person requesting the material that is released under this section.
(b) Disclosure of information on individuals under the age of 18 is subject to RCW 29A.08.725.
(4) For the purposes of this section, "political purpose" means a purpose concerned with the support of or opposition to any candidate for any partisan or nonpartisan office or concerned with the support of or opposition to any ballot proposition or issue. "Political purpose" includes, but is not limited to, such activities as the advertising for or against any candidate or ballot measure or the solicitation of financial support.
[ 2023 c 361 s 8. Prior: 2018 c 110 s 206; 2018 c 109 s 11; 2011 c 10 s 18; 2009 c 369 s 34; 2005 c 246 s 18; 2004 c 266 s 9; 2003 c 111 s 247; 1994 c 57 s 5; 1975-'76 2nd ex.s. c 46 s 1; 1974 ex.s. c 127 s 2; 1973 1st ex.s. c 111 s 2; 1971 ex.s. c 202 s 3; 1965 ex.s. c 156 s 6. Formerly RCW 29.04.100. ]
NOTES:
Short title—Findings—Intent—2018 c 110: See notes following RCW 29A.08.355.
Findings—Intent—Effective date—2018 c 109: See notes following RCW 29A.08.170.
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.
Effective date—2004 c 266: See note following RCW 29A.04.575.
Severability—1994 c 57: See note following RCW 29A.16.040.
Forms, secretary of state to design—Availability to public: RCW 29A.08.850.
Information that is otherwise disclosable under this chapter cannot be disclosed for a future voter until the person reaches 18 years of age, or until the person is eligible to participate in the next presidential primary, primary, or election. This information is exempt from public inspection and copying under chapter 42.56 RCW. Information may be disclosed for the purpose of processing and delivering ballots.
[ 2023 c 361 s 1. ]
(1) Any person who uses registered voter data furnished under RCW 29A.08.720 for the purpose of mailing or delivering any advertisement or offer for any property, establishment, organization, product, or service or for the purpose of mailing or delivering any solicitation for money, services, or anything of value is guilty of a class C felony punishable by imprisonment in a state correctional facility for a period of not more than five years or a fine of not more than ten thousand dollars or both such fine and imprisonment, and is liable to each person provided such advertisement or solicitation, without the person's consent, for the nuisance value of such person having to dispose of it, which value is herein established at five dollars for each item mailed or delivered to the person's residence. However, a person who mails or delivers any advertisement, offer, or solicitation for a political purpose is not liable under this section unless the person is liable under subsection (2) of this section. For purposes of this subsection, two or more attached papers or sheets or two or more papers that are enclosed in the same envelope or container or are folded together are one item. Merely having a mailbox or other receptacle for mail on or near the person's residence is not an indication that the person consented to receive the advertisement or solicitation. A class action may be brought to recover damages under this section, and the court may award a reasonable attorney's fee to any party recovering damages under this section.
(2) Each person furnished data under RCW 29A.08.720 shall take reasonable precautions designed to assure that the data is not used for the purpose of mailing or delivering any advertisement or offer for any property, establishment, organization, product, or service or for the purpose of mailing or delivering any solicitation for money, services, or anything of value. However, the data may be used for any political purpose. Where failure to exercise due care in carrying out this responsibility results in the data being used for such purposes, then such person is jointly and severally liable for damages under subsection (1) of this section along with any other person liable under subsection (1) of this section for the misuse of such data.
[ 2005 c 246 s 19. Prior: 2003 c 111 s 249; 2003 c 53 s 176; 1999 c 298 s 2; 1992 c 7 s 32; 1974 ex.s. c 127 s 3; 1973 1st ex.s. c 111 s 4. Formerly RCW 29.04.120. ]
NOTES:
Effective date—2005 c 246: See note following RCW 10.64.140.
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
The secretary of state shall provide a duplicate copy of the master statewide computer file or electronic data file of registered voters to Washington technology solutions for purposes of creating the jury source list without cost. The information contained in a voter registration application is exempt from inclusion until the applicant reaches age eighteen. Disclosure of information on individuals under the age of 18 is subject to RCW 29A.08.725. Restrictions as to the commercial use of the information on the statewide computer data file of registered voters, and penalties for its misuse, shall be the same as provided in RCW 29A.08.720 and 29A.08.740.
[ 2024 c 54 s 26; 2023 c 361 s 9; 2018 c 109 s 12; 2011 1st sp.s. c 43 s 813; 2009 c 369 s 35; 2004 c 267 s 134; 2003 c 111 s 251; 1995 c 135 s 2. Prior: 1993 c 441 s 2; 1993 c 408 s 10; 1977 ex.s. c 226 s 1; 1975-'76 2nd ex.s. c 46 s 3. Formerly RCW 29.04.160. ]
NOTES:
Findings—Intent—Effective date—2018 c 109: See notes following RCW 29A.08.170.
Effective date—Purpose—2011 1st sp.s. c 43: See notes following RCW 43.19.003.
Effective dates—2004 c 267: See note following RCW 29A.08.010.
Intent—1995 c 135: "The only intent of the legislature in this act is to correct multiple amendments and delete obsolete provisions. It is not the intent of the legislature to change the substance or effect of any presently effective statute." [ 1995 c 135 s 1.]
Effective date—1993 c 441: "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 shall take effect July 1, 1993." [ 1993 c 441 s 3.]
Severability—Effective dates—1993 c 408: See notes following RCW 2.36.054.
The secretary of state and each county auditor shall maintain for at least two years and shall make available for public inspection and copying all records concerning the implementation of programs and activities conducted for the purpose of insuring the accuracy and currency of official lists of eligible voters. These records must include lists of the names and addresses of all persons to whom notices are sent and information concerning whether or not each person has responded to the notices. These records must contain lists of all persons removed from the list of eligible voters and the reasons why the voters were removed. Disclosure of information on individuals under the age of 18 is subject to RCW 29A.08.725.
[ 2023 c 361 s 10; 2018 c 109 s 19; 2004 c 267 s 135; 2003 c 111 s 252. Prior: 1994 c 57 s 7. Formerly RCW 29.04.240. ]
NOTES:
Findings—Intent—Effective date—2018 c 109: See notes following RCW 29A.08.170.
Effective dates—2004 c 267: See note following RCW 29A.08.010.
Severability—Effective date—1994 c 57: See notes following RCW 29A.16.040.
Only voters who appear on the official statewide voter registration list are eligible to participate in elections. Each county shall maintain a copy of that county's portion of the state list. The county must ensure that voter registration data used for the production, issuance, and processing of ballots in the administration of each election are the same as the official statewide voter registration list.
[ 2011 c 10 s 19; 2005 c 246 s 20; 2004 c 267 s 136. ]
NOTES:
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.
Effective dates—2004 c 267: See note following RCW 29A.08.010.
(1) Registration of a person as a voter is presumptive evidence of his or her right to vote. A challenge to the person's right to vote must be based on personal knowledge of one of the following:
(a) The challenged voter has been convicted of a felony that includes serving a sentence of total confinement under jurisdiction of the department of corrections, or a felony conviction in another state's court or federal court and the voter is serving that sentence of total confinement and the person's voting rights have not been restored under RCW 29A.08.520;
(b) The challenged voter has been judicially declared ineligible to vote due to mental incompetency under RCW 29A.08.515;
(c) The challenged voter resides at a different address than the residential address provided, and is not subject to RCW 29A.04.151 or 29A.08.112, in which case the challenger must:
(i) Provide the challenged voter's actual residence on the challenge form; and
(ii) Submit evidence that he or she exercised due diligence to verify that the challenged voter does not reside at the address provided. The challenger must, at minimum, provide evidence that the challenger personally sent a certified letter with return service requested to the challenged voter's residential address provided, and to the challenged voter's mailing address, if provided, using a form provided by the office of the secretary of state outlining the reason for the challenge;
(d) The challenged voter will not be eighteen years of age by the next general election; or
(e) The challenged voter is not a citizen of the United States.
(2) A person's right to vote may be challenged by another registered voter from the same county, or the county prosecuting attorney.
(3)(a)(i) The challenger must file a separate voter registration challenge form or official electronic voter challenge form, as provided under RCW 29A.08.850, for each voter whose registration is challenged.
(ii) Each form must include:
(A) The challenger's name, address, and contact information;
(B) The challenged voter's name and address;
(C) A statement of the factual basis for the challenge, including any information required by subsection (1)(c) of this section. Challenges must be based on personal knowledge, which for these purposes is defined as firsthand knowledge through experience or observation of the facts upon each ground that the challenge is based, and contain any documentation or evidence supporting the facts upon which each ground for the challenge is based;
(D) The challenger's signature certifying that all information provided in the form is true and correct; and
(E) A clear statement providing that such certification is subject to penalty of perjury under chapter 9A.72 RCW;
(b) The challenger must file a separate signed affidavit for each voter whose registration is challenged, subject to the penalties of perjury under chapter 9A.72 RCW swearing that, to his or her personal knowledge and belief, having exercised due diligence to personally verify the evidence presented, the challenged voter either is not qualified to vote or does not reside at the address given on his or her voter registration record based on one of the reasons allowed in subsection (1) of this section. The challenger must provide the factual basis for the challenge, including any information required by subsection (1)(c) of this section, in the signed affidavit. The challenge may not be based on unsupported allegations or allegations by third parties. The challenger shall sign each affidavit by hand, with ink. An affidavit signed electronically shall be rejected. All documents pertaining to the challenge are public records.
(4) Voters who do not receive ballots because their registration has been made inactive pursuant to this chapter are not subject to voter registration challenges.
[ 2026 c 212 s 3; 2023 c 466 s 28; 2020 c 208 s 6; 2011 c 10 s 20; 2006 c 320 s 4; 2003 c 111 s 253. Prior: 2001 c 41 s 9; 1987 c 288 s 1; 1983 1st ex.s. c 30 s 2. Formerly RCW 29.10.125. ]
NOTES:
Effective date—2020 c 208 ss 3, 5, 6, and 13-17: See note following RCW 29A.08.210.
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.
Right to vote, loss and restoration of: State Constitution Art. 6 s 3, RCW 9.92.066, 9.94A.637, 9.94A.885, 9.95.260, chapter 9.96 RCW.
(1) Challenges must be filed with the county auditor of the county in which the challenged voter is registered no later than 45 days before the election. The county auditor or auditor's designee presides over the hearing.
(2) Challenges may be filed after 45 days before the election, only when the challenged voter registered to vote less than 60 days before the election, or changed residence less than 60 days before the election without updating the residence address of the voter's voter registration. A challenge may then be filed not later than 10 days before any primary or election, general or special, or within 10 days of the voter being added to the voter registration database, whichever is later.
(a) If the challenge is filed after 45 days before an election at which the challenged voter is eligible to vote, a notation of the challenge must be made immediately to the challenged voter's registration in the voter registration system, and the county canvassing board shall preside over the hearing.
(b) If the challenge is filed before the challenged voter's ballot is received, the ballot must be processed as a challenged ballot, and held until the challenge is resolved.
(c) If the challenge is filed after the challenged voter's ballot is received, the challenge cannot affect the current election. However, the process shall proceed until the challenge is resolved.
[ 2026 c 212 s 4; 2023 c 466 s 29; 2013 c 11 s 20; 2011 c 10 s 21; 2006 c 320 s 5; 2003 c 111 s 254; 1987 c 288 s 2; 1983 1st ex.s. c 30 s 3. Formerly RCW 29.10.127. ]
NOTES:
Notice to registered poll voters—Elections by mail—2011 c 10: See note following RCW 29A.04.008.
Right to vote
loss of: State Constitution Art. 6 s 3.
restoration of: RCW 9.92.066, 9.94A.637, 9.94A.885, 9.95.260, chapter 9.96 RCW.
(1) The county auditor shall, within 10 business days of receipt, publish on the auditor's internet website the entire content of any voter challenge filed under this chapter. Immediately after publishing any voter challenge, the county auditor shall notify any person who requests to receive such notifications on an ongoing basis.
(2) The information on the website may be removed 45 days following the completion or dismissal of the challenge. Information related to the challenge must be maintained by the county auditor for the appropriate retention period, and is subject to disclosure upon request.
[ 2026 c 212 s 5; 2023 c 466 s 30; 2006 c 320 s 1. ]
(1) If the challenge is not in proper form or the factual basis for the challenge does not meet the legal grounds for a challenge, the county auditor must dismiss the challenge and notify the challenger of the reasons for the dismissal. A challenge is not in proper form if it is incomplete on its face or does not comply with the form issued by the secretary of state.
(2) Prior to notifying the voter of any challenge, the county auditor may conduct an initial review of the merits of the challenge. In that initial review of the merits, if the county auditor determines that it is more likely than not that the challenge lacks merit, then the county auditor may dismiss the challenge. The challenger may refile the challenge with additional evidence pursuant to the requirements of RCW 29A.08.810.
(3) If the challenge is in proper form and the factual basis meets the legal grounds for a challenge, the county auditor must notify the challenged voter and provide a copy of the affidavit. The county auditor shall also provide to any person, upon request, a copy of all materials provided to the challenged voter.
(a) The notice must be in a form provided by the secretary of state, sent by forwardable certified mail to the address provided in the voter registration record, and any other addresses at which the challenged voter is alleged to reside or the county auditor reasonably expects the voter to receive notice, and by email and phone, if the county auditor has such information in its records, and include:
(i) A copy of the challenge form and affidavit;
(ii) Methods by which the voter can confirm eligibility, including by mail, online, phone, in person, or at a scheduled hearing;
(iii) Notice of any consequences for failing to respond to the challenge; and
(iv) For challenges based on a change of address, a clear statement that the voter remains registered and eligible to vote in that election.
(b) If the challenge is to the residential address provided by the voter, the challenged voter must be provided notice of the exceptions allowed in RCW 29A.08.112 and 29A.04.151, and Article VI, section 4 of the state Constitution, and may update the residence address on the voter's voter registration, or reregister until 8:00 p.m. the day of the election.
(c) Subject to (d) of this subsection, and only if after providing notice, eligibility cannot be confirmed and the challenge remains, the county auditor must schedule a hearing and notify the challenger and the challenged voter of the time and place for the hearing.
(d) A hearing shall only be scheduled if the county auditor is unable to confirm the voter's eligibility and, based on the evidence submitted by the challenger, there is probable cause that the challenged voter is not qualified to vote. Challenges that do not meet the probable cause standard shall be dismissed without a hearing.
(e) If, at any point, the county auditor is able to independently verify the eligibility of the challenged voter, the auditor shall dismiss the challenge without a hearing.
(4)(a) The hearing notification must be by certified forwardable mail to the address provided in the voter registration record, and any other addresses at which the challenged voter is alleged to reside or the county auditor reasonably expects the voter to receive notice. The county auditor shall also notify the challenged voter by phone, including leaving a voicemail if possible, or email if the county auditor has such information in its records. If the county auditor receives no response from the challenged voter within 10 calendar days, the county auditor must provide the same such notice a second time. The secretary of state shall create a standard form for notification by mail and email. The challenger must appear in person at the hearing. The challenged voter may either appear in person or submit testimony by affidavit. Personal appearance may be accomplished using video telecommunications technology if the auditor or canvassing board chooses.
(b) The hearing notice must include:
(i) A copy of the challenge form and affidavit;
(ii) Methods by which the voter can confirm eligibility, including by mail, online, phone, or in person;
(iii) Notice of any consequences for failing to respond to the challenge; and
(iv) How responding to the challenge may help the voter remain registered to vote.
(5) The challenger has the burden to prove beyond a reasonable doubt that the challenged voter's registration is improper. The challenged voter must be provided a reasonable opportunity to respond. If the challenge is to the residential address provided by the voter, the challenged voter may provide evidence that he or she resides at the location described in his or her voter's registration records, or meets one of the exceptions allowed in RCW 29A.08.112 or 29A.04.151, or Article VI, section 4 of the state Constitution. If the challenger fails to appear at the hearing, the challenge must be dismissed. If the challenged voter fails to appear at the hearing or submit an affidavit in lieu of appearing at the hearing, the challenge must be resolved based on the available facts and the challenger still has the burden to prove beyond a reasonable doubt that the challenged voter's registration is improper.
(6)(a) If the challenge is based on an allegation under RCW 29A.08.810(1) (a), (b), (d), or (e) and the auditor, auditor's designee, or canvassing board sustains the challenge, the voter registration shall be canceled and any challenged ballot shall not be counted.
(b)(i) If the challenge is based on an allegation under RCW 29A.08.810(1)(c) and the auditor, auditor's designee, or canvassing board sustains the challenge, the voter shall be permitted to correct the residence address on the voter registration and any races and ballot measures on any challenged ballot that the voter would have been qualified to vote for had the registration been correct shall be counted if the challenge is sustained prior to certification of the election.
(ii) If the voter does not provide their correct residence address, the voter shall be placed on inactive status. Any challenged ballot shall not be counted unless the voter provides their corrected residence address by the day before the certification of the election, in which case any races and ballot measures that the voter would have been qualified to vote for had the registration been correct shall be counted.
(c) If the challenge is based on an allegation under RCW 29A.08.810(1)(c), the auditor, auditor's designee, or canvassing board sustains the challenge, and the voter provides a corrected residence address that is outside of the state, the voter registration shall be canceled, and any challenged ballot shall not be counted.
(7) If the challenger fails to prove beyond a reasonable doubt that the registration is improper, the challenge must be dismissed and any pending challenged ballot must be accepted as valid. All challenged ballots must be resolved before certification of the election. The decision of the county auditor or canvassing board is final subject only to judicial review by the superior court under chapter 34.05 RCW.
(8) Any challenger that knowingly provides false information as part of a voter registration challenge under this chapter, either before or during an election, is guilty of false swearing under RCW 9A.72.040, with a fine in an amount fixed by the court of not more than $10,000.
(9) Any challenger that knowingly challenges a person's voter registration without reasonable cause under this chapter, either before or during an election, is guilty of a misdemeanor. Each instance where a challenger knowingly makes a challenge without reasonable cause constitutes a separate offense.
[ 2026 c 212 s 6; 2023 c 466 s 31; 2006 c 320 s 6; 2003 c 111 s 256. Prior: 1987 c 288 s 4; 1983 1st ex.s. c 30 s 5; 1971 ex.s. c 202 s 34; 1967 c 225 s 3; 1965 ex.s. c 156 s 3. Formerly RCW 29.10.140. ]
(1) The secretary of state must provide forms for voter registration challenges, and the county auditor must make such forms available. A challenge is not required to be submitted on the provided voter challenge form, but may be prepared using an official electronic voter challenge form template provided by the auditor or secretary of state that has been printed and signed by the challenger for submission.
(2) Each form must include:
(a) The challenger's name, address, and contact information;
(b) The challenged voter's name and address;
(c) A statement of the factual basis for the challenge as required under RCW 29A.08.810, including any information required by RCW 29A.08.810(1)(c);
(d) The challenger's signature certifying that all information provided in the form is true and correct; and
(e) A clear statement providing that such certification is subject to penalty of perjury under chapter 9A.72 RCW.
[ 2026 c 212 s 7; 2006 c 320 s 7; 2003 c 111 s 257; 1991 c 81 s 27; 1971 ex.s. c 202 s 35; 1965 ex.s. c 156 s 4. Formerly RCW 29.10.150. ]
NOTES:
Effective date—1991 c 81: See note following RCW 29A.84.540.
As used in this chapter, "voting system" means:
(1) The total combination of mechanical, electromechanical, or electronic equipment including, but not limited to, the software, firmware, and documentation required to program, control, and support the equipment, that is used:
(a) To define ballots;
(b) To cast and count votes;
(c) To report or display election results from the voting system;
(d) To maintain and produce any audit trail information; and
(e) To perform an audit under RCW 29A.60.185; and
(2) The practices and associated documentation used:
(a) To identify system components and versions of such components;
(b) To test the system during its development and maintenance;
(c) To maintain records of system errors and defects;
(d) To determine specific system changes to be made to a system after the initial qualification of the system; and
(e) To make available any materials to the voter such as notices, instructions, forms, or paper ballots.
[ 2018 c 218 s 5; 2013 c 11 s 21; 2004 c 267 s 601. ]
NOTES:
Intent—2018 c 218: See note following RCW 29A.60.185.
Effective dates—2004 c 267: See note following RCW 29A.08.010.
At any primary or election in any county, votes may be cast, registered, recorded, or counted by means of voting systems that have been approved under RCW 29A.12.020.
[ 2003 c 111 s 301. Prior: 1990 c 59 s 17; 1967 ex.s. c 109 s 12; 1965 c 9 s 29.33.020; prior: (i) 1913 c 58 s 1, part; RRS s 5300, part. (ii) 1913 c 58 s 18; RRS s 5318. Formerly RCW 29.33.020. ]
NOTES:
Intent—Effective date—1990 c 59: See notes following RCW 29A.04.013.
The secretary of state shall inspect, evaluate, and publicly test all voting systems or components of voting systems that are submitted for review under RCW 29A.12.030. The secretary of state shall determine whether the voting systems conform with all of the requirements of this title, the applicable rules adopted in accordance with this title, and with generally accepted safety requirements. The secretary of state shall transmit a copy of the report of any examination under this section, within thirty days after completing the examination, to the county auditor of each county.
[ 2003 c 111 s 302. Prior: 1990 c 59 s 18; 1982 c 40 s 1. Formerly RCW 29.33.041. ]
NOTES:
Intent—Effective date—1990 c 59: See notes following RCW 29A.04.013.
Severability—1982 c 40: "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." [ 1982 c 40 s 11.]
The manufacturer or distributor of a voting system or component of a voting system may submit that system or component to the secretary of state for examination under RCW 29A.12.020.
[ 2003 c 111 s 303. Prior: 1990 c 59 s 19; 1982 c 40 s 2. Formerly RCW 29.33.051. ]
NOTES:
Intent—Effective date—1990 c 59: See notes following RCW 29A.04.013.
Severability—1982 c 40: See note following RCW 29A.12.020.
(1) The secretary of state may rely on the results of independent design, engineering, and performance evaluations in the examination under RCW 29A.12.020 if the source and scope of these independent evaluations are specified by rule.
(2) The secretary of state may contract with experts in mechanical or electrical engineering or data processing to assist in examining a voting system or component. The manufacturer or distributor who has submitted a voting system for testing under RCW 29A.12.030 shall pay the secretary of state a deposit to reimburse the cost of any contract for consultation under this section and for any other unrecoverable costs associated with the examination of a voting system or component by the manufacturer or distributor who submitted the voting system or component for examination.
[ 2003 c 111 s 304. Prior: 1990 c 59 s 20; 1982 c 40 s 3. Formerly RCW 29.33.061. ]
NOTES:
Intent—Effective date—1990 c 59: See notes following RCW 29A.04.013.
Severability—1982 c 40: See note following RCW 29A.12.020.
(1) Prior to use in conducting any primary or election, the secretary of state must approve systems used in the conduct of elections, including:
(a) Voting systems, voting devices, or vote tallying systems, unless approved under this chapter or the former chapter 29.34 RCW before March 22, 1982; and
(b) Any mechanical, electromechanical, or electronic equipment or platform, including software, firmware, or hardware that is used:
(i) In issuing a ballot;
(ii) To facilitate voters' response to a required notice;
(iii) To provide an electronic means for submission of a ballot declaration signature under RCW 29A.60.165; or
(iv) To issue, authenticate, or validate voter identification.
(2) The secretary of state may, after review, determine that a modification, change, or improvement to any voting system or component of a system does not require a full reexamination or reapproval by the secretary of state under RCW 29A.12.020.
[ 2025 c 329 s 2; 2003 c 111 s 305; 1990 c 59 s 21; 1982 c 40 s 4. Formerly RCW 29.33.081. ]
NOTES:
Findings—Intent—2025 c 329: See note following RCW 29A.12.210.
Intent—Effective date—1990 c 59: See notes following RCW 29A.04.013.
Severability—1982 c 40: See note following RCW 29A.12.020.
The county auditor of a county in which voting systems are used is responsible for the preparation, maintenance, and operation of those systems and may employ and direct persons to perform some or all of these functions.
[ 2003 c 111 s 306. Prior: 1990 c 59 s 22; 1965 c 9 s 29.33.130; prior: 1955 c 323 s 2; prior: 1935 c 85 s 1, part; 1919 c 163 s 23, part; 1915 c 114 s 5, part; 1913 c 58 s 10, part; RRS s 5309, part. Formerly RCW 29.33.130. ]
NOTES:
Intent—Effective date—1990 c 59: See notes following RCW 29A.04.013.
An agreement to purchase or lease a voting system or a component of a voting system is subject to that system or component passing:
(1) An acceptance test sufficient to demonstrate that the equipment is the same as that certified by the secretary of state and that the equipment is operating correctly as delivered to the county; and
(2) A vulnerability test conducted by a federal or state public entity which includes participation by local elections officials.
[ 2020 c 101 s 3; 2003 c 111 s 307. Prior: 1998 c 58 s 1; 1990 c 59 s 23. Formerly RCW 29.33.145. ]
NOTES:
Findings—Intent—2020 c 101: See note following RCW 29A.12.200.
Intent—Effective date—1990 c 59: See notes following RCW 29A.04.013.
No voting device shall be approved by the secretary of state unless it:
(1) Secures to the voter secrecy in the act of voting;
(2) Permits the voter to vote for any person for any office and upon any measure that he or she has the right to vote for;
(3) Correctly registers all votes cast for any and all persons and for or against any and all measures;
(4) Provides that a vote for more than one candidate cannot be cast by one single operation of the voting device or vote tally system except when voting for president and vice president of the United States; and
(5) Except for functions or capabilities unique to this state, has been tested and certified by an independent testing authority designated by the United States election assistance commission.
[ 2013 c 11 s 22; 2006 c 207 s 2; 2003 c 111 s 308. Prior: 1990 c 59 s 26; 1982 c 40 s 6; 1977 ex.s. c 361 s 66; 1971 ex.s. c 6 s 1; 1967 ex.s. c 109 s 18. Formerly RCW 29.33.300, 29.34.080. ]
NOTES:
Intent—Effective date—1990 c 59: See notes following RCW 29A.04.013.
Severability—1982 c 40: See note following RCW 29A.12.020.
Effective date—Severability—1977 ex.s. c 361: See notes following RCW 29A.16.040.
Severability—1971 ex.s. c 6: "If any provision of this 1971 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [ 1971 ex.s. c 6 s 3.]
Voting devices, machines—Recording requirements: RCW 29A.12.150.
Beginning on January 1, 2006, all direct recording electronic voting devices must produce a paper record of each vote that may be accepted or rejected by the voter before finalizing his or her vote. This record may not be removed from the voting center, and must be human readable without an interface and machine readable for counting purposes. If the device is programmed to display the ballot in multiple languages, the paper record produced must be printed in the language used by the voter. Rejected records must either be destroyed or marked in order to clearly identify the record as rejected. Paper records produced by direct recording electronic voting devices are subject to all the requirements of chapter 29A.60 RCW for ballot handling, preservation, reconciliation, transit, and storage. The paper records must be preserved in the same manner and for the same period of time as ballots.
[ 2011 c 10 s 22; 2005 c 242 s 1. ]
NOTES:
Notice to registered poll voters—Elections by mail—2011 c 10: See note following RCW 29A.04.008.
Preservation: RCW 29A.60.095.
Unauthorized removal from voting center: RCW 29A.84.545.
The secretary of state shall not approve a vote tallying system unless it:
(1) Correctly counts votes on ballots on which the proper number of votes have been marked for any office or issue;
(2) Ignores votes marked for any office or issue where more than the allowable number of votes have been marked, but correctly counts the properly voted portions of the ballot;
(3) Accumulates a count of the specific number of ballots tallied for each precinct, total votes by candidate for each office, and total votes for and against each issue of the ballot in that precinct;
(4) Produces precinct and cumulative totals in printed form; and
(5) Except for functions or capabilities unique to this state, has been tested and certified by an independent testing authority designated by the United States election assistance commission.
[ 2006 c 207 s 3; 2004 c 271 s 109. ]
In preparing a voting device for a primary or election, a record shall be made of the programming installed in each device. Except where provided by a rule adopted under RCW 29A.04.611, after being prepared for a primary or election, each device shall be sealed with a uniquely numbered seal. The programmed memory pack for each voting device must be sealed into the device during final preparation and logic and accuracy testing. Except in the case of a device breakdown or error in programming, the memory pack must remain sealed in the device until after 8:00 p.m. on the day of the primary, special election, or general election.
[ 2011 c 10 s 23; 2003 c 111 s 311; 1990 c 59 s 25. Formerly RCW 29.33.330. ]
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.
(1) Before each state primary or general election at which voting systems are to be used, the county auditor shall instruct all counting center personnel who will operate a voting system in the proper conduct of their voting system duties.
(2) The county auditor may waive instructional requirements for counting center personnel who have previously received instruction and who have served for a sufficient length of time to be fully qualified to perform their duties. The county auditor shall keep a record of each person who has received instruction and is qualified to serve at the subsequent primary or election.
(3) No person may operate a voting system in a counting center at a primary or election unless that person has received the required instruction and is qualified to perform his or her duties in connection with the handling and tallying of ballots for that primary or election.
[ 2013 c 11 s 23; 2011 c 10 s 24; 2003 c 111 s 312. Prior: 1990 c 59 s 29; 1977 ex.s. c 361 s 69. Formerly RCW 29.33.340, 29.34.143. ]
NOTES:
Notice to registered poll voters—Elections by mail—2011 c 10: See note following RCW 29A.04.008.
Intent—Effective date—1990 c 59: See notes following RCW 29A.04.013.
Effective date—Severability—1977 ex.s. c 361: See notes following RCW 29A.16.040.
At least three days before each state primary or general election, the office of the secretary of state shall provide for the conduct of tests of the programming for each vote tallying system to be used at that primary or general election. The test must verify that the system will correctly count the vote cast for all candidates and on all measures appearing on the ballot at that primary or general election. The test shall verify the capability of the vote tallying system to perform all of the functions that can reasonably be expected to occur during conduct of that particular primary or election. If any error is detected, the cause shall be determined and corrected, and an errorless total shall be produced before the primary or election.
Such tests shall be observed by at least one representative from each major political party, if representatives have been appointed by the respective major political parties and are present at the test, and shall be open to candidates, the press, and the public. The county auditor and any political party observers shall certify that the test has been conducted in accordance with this section. Copies of this certification shall be retained by the secretary of state and the county auditor. All programming materials, test results, and test ballots shall be securely sealed until the day of the primary or general election.
[ 2003 c 111 s 313; 1998 c 58 s 2; 1990 c 59 s 32; 1977 ex.s. c 361 s 73. Formerly RCW 29.33.350, 29.34.163. ]
NOTES:
Intent—Effective date—1990 c 59: See notes following RCW 29A.04.013.
Effective date—Severability—1977 ex.s. c 361: See notes following RCW 29A.16.040.
The secretary of state may publish recommended procedures for the operation of the various vote tallying systems that have been approved. These procedures allow the office of the secretary of state to restrict or define the use of approved systems in elections.
[ 2003 c 111 s 314. Prior: 1998 c 58 s 3; 1990 c 59 s 34; 1977 ex.s. c 361 s 75; 1967 ex.s. c 109 s 32. Formerly RCW 29.33.360, 29.34.170. ]
NOTES:
Intent—Effective date—1990 c 59: See notes following RCW 29A.04.013.
Effective date—Severability—1977 ex.s. c 361: See notes following RCW 29A.16.040.
The secretary of state shall not certify under this title any voting device or machine for use in conducting a primary or general or special election in this state unless the device or machine correctly records on a separate ballot the votes cast by each elector for any person and for or against any measure and such separate ballots are available for audit purposes after such a primary or election.
[ 2013 c 11 s 24; 2003 c 111 s 315; 1998 c 245 s 26; 1991 c 363 s 30; 1990 c 184 s 1. Formerly RCW 29.04.200. ]
NOTES:
Purpose—Captions not law—1991 c 363: See notes following RCW 2.32.180.
(1) At each voting center, at least one voting unit certified by the secretary of state shall provide access to individuals who are blind or visually impaired.
(2) For purposes of this section, the following definitions apply:
(a) "Accessible" includes receiving, using, selecting, and manipulating voter data and controls.
(b) "Nonvisual" includes synthesized speech, Braille, and other output methods.
(c) "Blind and visually impaired" excludes persons who are both deaf and blind.
[ 2011 c 10 s 25; 2004 c 267 s 701; 2004 c 266 s 3. Prior: 2003 c 110 s 1. Formerly RCW 29.33.305. ]
NOTES:
Notice to registered poll voters—Elections by mail—2011 c 10: See note following RCW 29A.04.008.
Effective dates—2004 c 267: See note following RCW 29A.08.010.
Effective date—2004 c 266: See note following RCW 29A.04.575.
(1) A manufacturer or distributor of a voting system or component of a voting system that is certified by the secretary of state under RCW 29A.12.020 shall disclose to the secretary of state and attorney general any breach of the security of its system immediately following discovery of the breach if:
(a) The breach has, or is reasonably likely to have, compromised the security, confidentiality, or integrity of an election in any state; or
(b) Personal information of residents in any state was, or is reasonably believed to have been, acquired by an unauthorized person as a result of the breach and the personal information was not secured. For purposes of this subsection, "personal information" has the meaning given in RCW 19.255.005.
(2) Every county must install and maintain an intrusion detection system that passively monitors its network for malicious traffic 24 hours a day, seven days a week, and 365 days a year by a qualified and trained security team with access to cyberincident response personnel who can assist the county in the event of a malicious attack. The system must support the unique security requirements of state, local, tribal, and territorial governments and possess the ability to receive cyberintelligent threat updates to stay ahead of evolving attack patterns.
(3) A county auditor or county information technology director of any county, participating in the shared voter registration system operated by the secretary of state under RCW 29A.08.105 and 29A.08.125, or operating a voting system or component of a voting system that is certified by the secretary of state under RCW 29A.12.020 shall disclose to the secretary of state and attorney general any malicious activity or breach of the security of any of its information technology (IT) systems immediately following discovery if:
(a) Malicious activity was detected by an information technology intrusion detection system (IDS), malicious domain blocking and reporting system, or endpoint security software, used by the county, the county auditor, or the county election office;
(b) A breach has, or is reasonably likely to have, compromised the security, confidentiality, or integrity of election systems, information technology systems used by the county staff to manage and support the administration of elections, or peripheral information technology systems that support the auditor's office in the office's day-to-day activities;
(c) The breach has, or is reasonably likely to have, compromised the security, confidentiality, or integrity of an election within the state; or
(d) Personal information of residents in any state was, or is reasonably believed to have been, acquired by an unauthorized person as a result of the breach and the personal information was not secured. For purposes of this subsection, "personal information" has the meaning given in RCW 19.255.005.
(4) A manufacturer of, distributor of, or organization contracted to provide support to, the voter registration database system required by RCW 29A.08.125, the official voter list required by RCW 29A.08.105, or systems or components of the voter registration system used by the secretary of state shall disclose to the secretary of state and attorney general any security breach of any of that organization's systems immediately following discovery of the breach if:
(a) The breach has, or is reasonably likely to have, compromised the security, confidentiality, or integrity of an election in any state; or
(b) Personal information of residents in any state was, or is reasonably believed to have been, acquired by an unauthorized person as a result of the breach and the personal information was not secured. For purposes of this subsection, "personal information" has the meaning given in RCW 19.255.005.
(5) For purposes of this section:
(a) "Malicious activity" means an external or internal threat that is designed to damage, disrupt, or compromise an information technology network, as well as the hardware and applications that reside on the network, thereby impacting performance, data integrity, and the confidentiality of data on the network. Threats include viruses, ransomware, trojan horses, worms, malware, data loss, or the disabling or removing of information technology security systems.
(b) "Security breach" means a breach of the election system, information technology systems used to administer and support the election process, or associated data where the system or associated data has been penetrated, accessed, or manipulated by an unauthorized person. The definition of breach includes all unauthorized access to systems by external or internal personnel or organizations, including personnel employed by a county or the state providing access to systems that have the potential to lead to a breach.
(6) Notification under this section must be made in the most expedient time possible and without unreasonable delay.
[ 2025 c 329 s 3; 2024 c 28 s 1; 2018 c 218 s 6. ]
NOTES:
Findings—Intent—2025 c 329: See note following RCW 29A.12.210.
Intent—2018 c 218: See note following RCW 29A.60.185.
(1) The secretary of state may decertify a voting system or any component of a voting system and withdraw authority for its future use or sale in the state if, at any time after certification, the secretary of state determines that:
(a) The system or component fails to meet the standards set forth in applicable federal guidelines;
(b) The system or component was materially misrepresented in the certification application;
(c) The applicant has installed unauthorized modifications to the certified software or hardware; or
(d) Any other reason authorized by rule adopted by the secretary of state.
(2) The secretary of state may decertify a voting system or any component of a voting system and withdraw authority for its future use or sale in the state if the manufacturer or distributor of the voting system or component thereof fails to comply with the notification requirements of RCW 29A.12.180.
[ 2018 c 218 s 7. ]
NOTES:
Intent—2018 c 218: See note following RCW 29A.60.185.
(1) The secretary of state must annually consult with the Washington state fusion center, state chief information officer, and each county auditor to identify instances of security breaches of election systems or election data.
(2) To the extent possible, the secretary of state must identify whether the source of a security breach, if any, is a foreign entity, domestic entity, or both.
(3) By December 31st of each year, the secretary of state must submit a report to the governor, state chief information officer, Washington state fusion center, and the chairs and ranking members of the appropriate legislative committees from the senate and house of representatives that includes information on any instances of security breaches identified under subsection (1) of this section and options to increase the security of the election systems and election data, and to prevent future security breaches. The report, and any related material, data, or information provided pursuant to subsection (1) of this section or used to assemble the report, may only be distributed to, or otherwise shared with, the individuals specifically mentioned in this subsection (3).
(4) For the purposes of this section:
(a) "Domestic entity" means an entity organized or formed under the laws of the United States, a person domiciled in the United States, or a citizen of the United States, and includes elected officials and staff of the state or a county.
(b) "Foreign entity" means an entity that is not organized or formed under the laws of the United States, or a person who is not domiciled in the United States or a citizen of the United States.
(c) "Security breach" means a breach of the election system or associated data where the system or associated data has been penetrated, accessed, or manipulated by an unauthorized person.
[ 2024 c 28 s 2; 2020 c 101 s 2. ]
NOTES:
Findings—Intent—2020 c 101: "The legislature finds that public confidence in state elections systems and election data are of paramount consideration to the integrity of the voting process. The legislature also finds that recent events have revealed an intentional and persistent effort by foreign entities to influence election systems and other cybernetworks. Therefore, the legislature intends to review the state's electoral systems and processes and take appropriate measures to identify whether foreign entities were responsible for the intrusions." [ 2020 c 101 s 1.]
Each county auditor shall implement no later than July 1, 2027, cybersecurity measures including but not limited to:
(1) Implementation and adoption of the ".gov" top-level domain available through the United States department of homeland security through the cybersecurity and infrastructure security agency for all election and voting systems and infrastructure. This adoption is required for election and voting systems and websites and may include all county cyber assets and email domains.
(2) Partitioning the entire auditor's office, including all of its information technology systems and assets, or specifically partitioning election and voting information technology infrastructure from other county assets. The secretary of state shall consult with county auditors on which systems and assets need to be partitioned or technologically isolated and protected. Eliminating threat actors from moving laterally within a network to target election-related capabilities is paramount. The secretary of state may extend the deadline for a county auditor to comply with this subsection if more time is necessary for implementation.
(3) Isolation of all ballot counting equipment and voting system components as defined in RCW 29A.12.005 from any other network including:
(a) Internal networks within a county election office;
(b) Printer sharing networks external to the ballot counting system;
(c) The internet, world wide web, or other similar networks;
(d) Wifi and radio connectivity;
(e) Wired connectivity; and
(f) Any telephonic or other connectivity.
(4) No configuration of voting systems to:
(a) Establish a connection to an external network; or
(b) Connect to any device external to the voting system.
(5) Purchase of voting systems that include documentation listing security configurations and network security best practices and operating those systems used for conducting primaries and elections in a manner consistent with that documentation.
(6) Restricting all data transfers from any voting system to using single-use, previously erased devices that contain no information prior to connection with the system. This includes pen drives, flash memory drives, memory sticks, and any other removal media used to transfer data. Devices used in data transfer must either be provided by the secretary of state to the county auditor for single use, or the media must be overwritten by the county auditor by following guidelines for media sanitization defined in rules promulgated by the secretary of state.
[ 2025 c 329 s 4. ]
NOTES:
Findings—Intent—2025 c 329: "(1) The legislature finds that the electronic and physical security of election and voting infrastructure are of primary importance, and wishes to require new security requirements. The legislature further finds that:
(a) Requiring the use of the ".gov" top-level domain on all websites and email communication reduces opportunities for confusion and cyber threats. The ".gov" top-level domain is managed by the United States department of homeland security through the cybersecurity and infrastructure security agency, is limited to bona fide government agencies, and features fraud prevention controls. There is no fee charged to adopt a ".gov" top-level domain.
(b) Requiring the partitioning of internal government networks, servers, and other supporting electronic infrastructure separate from other electronic equipment housed in the same location provides a more secure environment. Partitioning can involve physically or logically separating the entire auditor's office, including all its information technology systems and assets, or focusing specifically on election and voting infrastructure from other county assets. The goal is to reduce the risk of compromises that may occur on other parts of the county network. Partitioning also enables tighter control and monitoring of access to critical systems, whether it applies to the entire auditor's office or just election-related systems and assets.
(c) Because the secretary of state and county election offices are electronically interconnected and speedy communication with the state when a county is under attack or has suffered a security breach is imperative, requiring all vendors supporting county or state cyber assets to communicate to the secretary of state and the attorney general immediately after detecting a breach or successful cyber attack against their assets is necessary to maintain security.
(2) The legislature intends to require adoption of these security measures in all county election offices as soon as practicable, but no later than July 1, 2027." [ 2025 c 329 s 1.]
The county legislative authority of each county in the state shall divide the county into election precincts and establish the boundaries of the precincts.
(1) Precinct boundaries may be altered at any time as long as sufficient time exists prior to a given election for the necessary procedural steps to be honored. Except as permitted under subsection (3) of this section, no precinct changes may be made during the period starting seven days prior to the first day for candidates to file for the primary election and ending with the day of the general election.
(2) The county legislative authority may establish by ordinance a limitation on the maximum number of active registered voters in each precinct within its jurisdiction. The number may be less than the number established by law, but in no case may the number exceed one thousand five hundred active registered voters.
(3) The county auditor shall temporarily adjust precinct boundaries when a city or town annexes unincorporated territory to the city or town, or whenever unincorporated territory is incorporated as a city or town. The adjustment must be made as soon as possible after the approval of the annexation or incorporation. The temporary adjustment must be limited to the minimum changes necessary to accommodate the addition of the territory to the city or town, or to establish the eligible voters within the boundaries of the new city or town, and remains in effect only until precinct boundary modifications reflecting the annexation or incorporation are adopted by the county legislative authority.
[ 2023 c 394 s 8. Prior: 2011 c 349 s 5; 2011 c 10 s 26; 2004 c 266 s 10; 2003 c 111 s 404; 1999 c 158 s 3; 1994 c 57 s 3; 1986 c 167 s 2; 1980 c 107 s 3; prior: 1977 ex.s. c 361 s 4; 1977 ex.s. c 128 s 1; 1975-'76 2nd ex.s. c 129 s 3; 1967 ex.s. c 109 s 1; 1965 c 9 s 29.04.040; prior: (i) 1921 c 178 s 1, part; 1915 c 11 s 1, part; 1907 c 130 s 1, part; 1889 p 402 s 7, part; Code 1881 s 3067, part; 1865 p 30 s 1, part; RRS s 5171, part. (ii) 1907 c 130 s 2, part; 1889 p 408 s 21, part; RRS s 5278, part. (iii) Code 1881 s 2679; 1854 p 65 s 4, part; No RRS. Formerly RCW 29.04.040. ]
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—2004 c 266: See note following RCW 29A.04.575.
Severability—1994 c 57: "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." [ 1994 c 57 s 55.]
Effective date—1994 c 57: "Sections 1 through 3, 7, 10 through 12, 21, 22, 25, 27, 28, 31 through 34, 37 through 40, 42, 44 through 52, and 54 of this act take effect January 1, 1995." [ 1994 c 57 s 56.]
Severability—1986 c 167: "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." [ 1986 c 167 s 26.]
Effective date—1977 ex.s. c 361: "This 1977 amendatory act shall take effect January 1, 1978." [ 1977 ex.s. c 361 s 113.]
Severability—1977 ex.s. c 361: "If any provision of this 1977 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." [ 1977 ex.s. c 361 s 112.]
Severability—1977 ex.s. c 128: "If any provision of this 1977 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." [ 1977 ex.s. c 128 s 6.]
Effective date—Severability—1975-'76 2nd ex.s. c 129: See notes following RCW 29A.76.040.
"Precinct" defined: RCW 29A.04.121.
(1) Every voting precinct must be wholly within a single congressional district, a single legislative district, a single district of a county legislative authority, and, if applicable, a single city.
(2) Every voting precinct shall be composed, as nearly as practicable, of contiguous and compact areas.
(3) Except as provided in this subsection, changes to the boundaries of any precinct shall follow visible, physical features delineated on the most current maps provided by the United States census bureau. A change need not follow such visible, physical features if (a) it is necessitated by an annexation or incorporation and the proposed precinct boundary is identical to an exterior boundary of the annexed or incorporated area which does not follow a visible, physical feature; or (b) doing so would substantially impair election administration in the involved area.
(4) After a change to precinct boundaries is adopted by the county legislative authority, if the change does not follow visible physical features, the county auditor shall send to the secretary of state an electronic or paper copy of the description, a map or maps of the changes, and a statement of the applicable exception under subsection (3) of this section. For boundary changes made pursuant to subsection (3)(b) of this section, the auditor shall include a statement of the reasons why following visible, physical features would have substantially impaired election administration.
(5) Every voting precinct within each county shall be designated by number for the purpose of preparation of maps and the tabulation of population for apportionment purposes. These precincts may be identified with names or other numbers for other election purposes.
(6) After a change to precinct boundaries in a city or town, the county auditor shall send one copy of the map or maps delineating the new precinct boundaries within that city or town to the city or town clerk.
(7) Precinct maps are public records and shall be available for inspection by the public during normal office hours in the offices where they are kept. Copies shall be made available to the public for a fee necessary to cover the cost of reproduction.
[ 2003 c 111 s 405; 1999 c 298 s 1; 1989 c 278 s 1; 1977 ex.s. c 128 s 2; 1965 c 9 s 29.04.050. Prior: 1921 c 178 s 1, part; 1915 c 11 s 1, part; 1907 c 130 s 1, part; 1889 p 402 s 7, part; Code 1881 s 3067, part; 1865 p 30 s 1, part; RRS s 5171, part. Formerly RCW 29.04.050. ]
NOTES:
Severability—1977 ex.s. c 128: See note following RCW 29A.16.040.
If the boundaries of any city, township, or rural precinct are changed in the manner provided by law, the county auditor shall update the registration records of every registered voter whose place of residence is affected thereby. It shall not be necessary for any registered voter whose registration has been changed from one precinct to another, by a change of boundary, to apply to the county auditor for a transfer of registration. The county auditor shall mail a notice to each registered voter.
[ 2013 c 11 s 78; 2003 c 111 s 1903; 1971 ex.s. c 202 s 27; 1965 c 9 s 29.10.060. Prior: 1933 c 1 s 17; RRS s 5114-17. Formerly RCW 29A.76.030, 29.10.060. ]
Not less than thirty days before the first day for filing declarations of candidacy under RCW 29A.24.050 for legislative, judicial, county, city, town, or district office, where more than one position with the same name, district number, or title will be voted upon at the succeeding election, the filing officer shall designate the positions to be filled by number.
The positions so designated shall be dealt with as separate offices for all election purposes. With the exception of the office of justice of the supreme court, the position numbers shall be assigned, whenever possible, to reflect the position numbers that were used to designate the same positions at the last full-term election for those offices.
[ 2003 c 111 s 601. Prior: 1990 c 59 s 79; 1965 c 52 s 1. Formerly RCW 29.15.130, 29.18.015. ]
If at the same election there are short terms or full terms and unexpired terms of office to be filled, the filing officer shall distinguish them and designate the short term, the full term, and the unexpired term, as such, or by use of the words "short term," "unexpired two year term," or "four year term," as the case may be.
When both a short term and a full term for the same position are scheduled to be voted upon, or when a short term is created after the close of the filing period, a single declaration of candidacy accompanied by a single filing fee shall be construed as a filing for both the short term and the full term and the name of such candidate shall appear upon the ballot for the position sought with the designation "short term and full term." The candidate elected to both such terms shall be sworn into and assume office for the short term as soon as the election returns have been certified and shall again be sworn into office for the full term.
[ 2013 c 11 s 30; 2003 c 111 s 602. Prior: 1990 c 59 s 92; 1975-'76 2nd ex.s. c 120 s 4; 1965 c 9 s 29.21.140; prior: (i) 1927 c 155 s 1, part; 1925 ex.s. c 68 s 1, part; 1921 c 116 s 1, part; 1919 c 85 s 1, part; 1911 c 101 s 1, part; 1909 c 82 s 11, part; 1907 c 209 s 38, part; RRS s 5212, part. (ii) 1933 c 85 s 1, part; RRS s 5213-1, part. Formerly RCW 29.15.140, 29.21.140. ]
NOTES:
Severability—1975-'76 2nd ex.s. c 120: See note following RCW 29A.52.210.
Term of person elected to fill vacancy: RCW 42.12.030.
Vacancies in public office, how filled: RCW 42.12.010.
A candidate who desires to have his or her name printed on the ballot for election to an office other than president of the United States, vice president of the United States, or an office for which ownership of property is a prerequisite to voting shall complete and file a declaration of candidacy. The secretary of state shall adopt, by rule, a declaration of candidacy form for the office of precinct committee officer and a separate standard form for candidates for all other offices filing under this chapter. Included on the standard form shall be:
(1) A place for the candidate to declare that he or she is a registered voter within the jurisdiction of the office for which he or she is filing, and the address at which he or she is registered;
(2) A place for the candidate to indicate the position for which he or she is filing;
(3) A place for the candidate to state a party preference, if the office is a partisan office;
(4) A place for the candidate to indicate the amount of the filing fee accompanying the declaration of candidacy or for the candidate to indicate that he or she is filing a filing fee petition in lieu of the filing fee under RCW 29A.24.091;
(5) A place for the candidate to sign the declaration of candidacy, stating that the information provided on the form is true and swearing or affirming that he or she will support the Constitution and laws of the United States and the Constitution and laws of the state of Washington.
In the case of a declaration of candidacy filed electronically, submission of the form constitutes agreement that the information provided with the filing is true, that he or she will support the Constitutions and laws of the United States and the state of Washington, and that he or she agrees to electronic payment of the filing fee established in RCW 29A.24.091.
The secretary of state may require any other information on the form he or she deems appropriate to facilitate the filing process.
[ 2013 c 11 s 31; 2004 c 271 s 158. ]
A candidate may file a declaration of candidacy for an office by electronic means on a system specifically designed and authorized by a filing officer to accept filings.
(1) Filings that are received electronically must capture all information specified in RCW 29A.24.031 (1) through (4).
(2) Electronic filing may begin at 8:00 a.m. the first day of the filing period and continue through 5:00 p.m. the last day of the filing period.
[ 2023 c 394 s 2; 2011 c 349 s 6; 2006 c 344 s 5; 2003 c 111 s 604. Prior: 2002 c 140 s 2. Formerly RCW 29.15.044. ]
NOTES:
Effective date—2011 c 349: See note following RCW 29A.04.255.
Effective date—2006 c 344 ss 1-16 and 18-40: See note following RCW 29A.04.311.
Implementation—2002 c 140: "The secretary of state may take the necessary steps to ensure that this act is implemented on its effective date." [ 2002 c 140 s 5.]
Captions not law—2002 c 140: "Section captions used in this act are not part of the law." [ 2002 c 140 s 6.]
Except where otherwise provided by this title, declarations of candidacy for the following offices shall be filed between 8:00 a.m. and 5:00 p.m. with the filing officer beginning the first Monday in May and ending the following Friday in the year in which the office is scheduled to be voted upon:
(1) Offices that are scheduled to be voted upon for full terms or both full terms and short terms at, or in conjunction with, a state general election; and
(2) Offices where a vacancy, other than a short term, exists that has not been filled by election and for which an election to fill the vacancy is required in conjunction with the next state general election.
This section supersedes all other statutes that provide for a different filing period for these offices.
[ 2023 c 394 s 1; 2011 c 349 s 7; 2006 c 344 s 6; 2003 c 111 s 605. Prior: 1990 c 59 s 81; 1986 c 167 s 8; 1984 c 142 s 2. Formerly RCW 29.15.020, 29.18.025. ]
NOTES:
Effective date—2011 c 349: See note following RCW 29A.04.255.
Effective date—2006 c 344 ss 1-16 and 18-40: See note following RCW 29A.04.311.
Severability—1986 c 167: See note following RCW 29A.16.040.
Intent—1984 c 142: "It is the intention of the legislature that this act shall provide an equitable qualifying procedure for candidates who, at the time of filing, lack sufficient assets or income to pay the filing fees otherwise required of candidates for public office." [ 1984 c 142 s 1.]
When filing for office, a candidate may indicate the manner in which he or she desires his or her name to be printed on the ballot. For filing purposes, a candidate may use a nickname by which he or she is commonly known as his or her first name, but the last name shall be the name under which he or she is registered to vote.
No candidate may:
(1) Use a nickname that denotes present or past occupation, including military rank;
(2) Use a nickname that denotes the candidate's position on issues or political affiliation;
(3) Use a nickname designed intentionally to mislead voters.
[ 2003 c 111 s 606; 1990 c 59 s 83. Formerly RCW 29.15.090. ]
(1) Declarations of candidacy shall be filed with the following filing officers:
(a) The secretary of state for declarations of candidacy for statewide offices, United States senate, United States house of representatives, Washington state legislature, court of appeals, and superior court. The secretary of state shall establish contingency plans, consistent with this subsection, to support candidate filing for state legislative candidates who have not yet filed their declaration of candidacy in the case that a localized or system-wide internet outage or a disruption to the secretary of state's candidate filing website occurs during the two hours immediately preceding the filing deadline. The secretary of state shall immediately process all filings received pursuant to the contingency plan;
(b) The county auditor for all other offices. For any nonpartisan office, other than judicial offices and school director in joint districts, where voters from a district comprising more than one county vote upon the candidates, a declaration of candidacy shall be filed with the county auditor of the county in which a majority of the registered voters of the district reside. For school directors in joint school districts, the declaration of candidacy shall be filed with the county auditor of the county designated by the superintendent of public instruction as the county to which the joint school district is considered as belonging under RCW 28A.323.040.
(2) Each official with whom declarations of candidacy are filed under this section, within one business day following the closing of the applicable filing period, shall transmit to the public disclosure commission the information required in RCW 29A.24.031 (1) through (4) for each declaration of candidacy filed with the official's office during such filing period or a list containing the name of each candidate who files such a declaration with the official's office during such filing period together with a precise identification of the position sought by each such candidate and the date on which each such declaration was filed. Such official, within three days following the receipt of any letter withdrawing a person's name as a candidate, shall also forward a copy of such withdrawal letter to the public disclosure commission.
[ 2023 c 394 s 3; 2009 c 106 s 1; 2006 c 263 s 614; 2005 c 221 s 1; 2003 c 111 s 607; 2002 c 140 s 4; 1998 c 22 s 1; 1990 c 59 s 84; 1977 ex.s. c 361 s 30; 1975-'76 2nd ex.s. c 112 s 1; 1965 c 9 s 29.18.040. Prior: 1907 c 209 s 7; RRS s 5184. Formerly RCW 29.15.030, 29.18.040. ]
NOTES:
Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230.
Implementation—Captions not law—2002 c 140: See notes following RCW 29A.24.040.
Effective date—Severability—1977 ex.s. c 361: See notes following RCW 29A.16.040.
Construction—1975-'76 2nd ex.s. c 112: See note following RCW 29B.60.020.
Public disclosure—Campaign finances, lobbying, records: Title 29B RCW.
The secretary of state and each county auditor shall preserve all declarations of candidacy filed in their respective offices for six months. All declarations of candidacy must be open to public inspection.
[ 2003 c 111 s 501; 1965 c 9 s 29.27.090. Prior: 1921 c 178 s 1, part; 1915 c 11 s 1, part; 1907 c 130 s 1, part; 1889 p 402 s 7, part; Code 1881 s 3067, part; 1865 p 30 s 1, part; RRS s 5171, part. Formerly RCW 29A.20.010, 29.27.090. ]
(1) A person filing a declaration of candidacy for an office shall, at the time of filing, be a registered voter and possess the qualifications specified by law for persons who may be elected to the office.
(2) Excluding the office of precinct committee officer or a temporary elected position such as a charter review board member or freeholder, no person may file for more than one office.
(3) The name of a candidate for an office shall not appear on a ballot for that office unless, except for judge of the superior court and as provided in RCW 3.50.057, the candidate is, at the time the candidate's declaration of candidacy is filed, properly registered to vote in the geographic area represented by the office. For the purposes of this section, each geographic area in which registered voters may cast ballots for an office is represented by that office. If a person elected to an office must be nominated from a district or similar division of the geographic area represented by the office, the name of a candidate for the office shall not appear on a primary ballot for that office unless the candidate is, at the time the candidate's declaration of candidacy is filed, properly registered to vote in that district or division. The officer with whom declarations of candidacy must be filed under this title shall review each such declaration filed regarding compliance with this subsection.
(4) The requirements of voter registration and residence within the geographic area of a district do not apply to candidates for congressional office. Qualifications for the United States congress are specified in the United States Constitution.
[ 2013 c 11 s 25; 2004 c 271 s 153. Formerly RCW 29A.20.021. ]
Any candidate may mail a declaration of candidacy for an office to the filing officer. Such declarations of candidacy shall be processed by the filing officer in the following manner:
(1) Any declaration received by the filing officer by mail before the tenth business day immediately preceding the first day for candidates to file for office shall be returned to the candidate submitting it, together with a notification that the declaration of candidacy was received too early to be processed. The candidate shall then be permitted to resubmit the candidate's declaration of candidacy during the filing period.
(2) Any properly executed declaration of candidacy received by mail on or after the tenth business day immediately preceding the first day for candidates to file for office and before 5:00 p.m. on the last day of the filing period shall be included with filings made in person during the filing period.
(3) Any declaration of candidacy received by the filing officer after 5:00 p.m. on the last day for candidates to file for office shall be rejected and returned to the candidate attempting to file it.
[ 2023 c 394 s 4; 2011 c 10 s 27; 2004 c 271 s 159. ]
NOTES:
Notice to registered poll voters—Elections by mail—2011 c 10: See note following RCW 29A.04.008.
(1) A filing fee of ten dollars shall accompany the declaration of candidacy for any office with a fixed annual salary of one thousand dollars or less. A filing fee equal to one percent of the annual salary of the office at the time of filing shall accompany the declaration of candidacy for any office with a fixed annual salary of more than one thousand dollars per annum. No filing fee need accompany a declaration of candidacy for precinct committee officer or any office for which compensation is on a per diem or per meeting attended basis, or any declaration of candidacy for a write-in candidate filed after the close of filing and more than eighteen days prior to a primary or election.
(2) A filing fee of twenty-five dollars shall accompany the declaration of candidacy for write-in candidates for any office with a fixed annual salary of one thousand dollars or less if filed eighteen days or less prior to a primary or election.
(3) A filing fee equal to one percent of the annual salary of the office at the time of filing shall accompany a declaration of candidacy for write-in candidates for any office with a fixed annual salary of more than one thousand dollars per annum if filed eighteen days or less prior to a primary or election.
(4) A candidate who lacks sufficient assets or income at the time of filing to pay the filing fee required by this section shall submit with the candidate's declaration of candidacy a filing fee petition. The petition shall contain not less than a number of signatures of registered voters equal to the number of dollars of the filing fee. The signatures shall be of voters registered to vote within the jurisdiction of the office for which the candidate is filing.
[ 2023 c 394 s 5; 2018 c 187 s 1; 2009 c 106 s 2; 2006 c 206 s 3; 2005 c 221 s 2; 2004 c 271 s 160. ]
Fees paid when filing for office must be collected by the filing officer and distributed as follows:
(1) When the candidacy is for a statewide office, the United States senate, the United States house of representatives, or the state supreme court, the fee shall be retained by the secretary of state;
(2) When the candidacy is for a Washington state legislative, state court of appeals, or a superior court judicial office, the fees shall be distributed to the office of the county auditor or auditors whose counties comprise the district. When the district includes multiple counties, the distribution must be an equal division between the counties comprising the district;
(3) When the candidacy is for a city or town office, the county auditor shall transmit fees to the city or town clerk for deposit in the city or town treasury; and
(4) When the candidacy is for any other office, the fees shall be retained by the office of the filing officer.
[ 2023 c 394 s 6. ]
(1) The filing fee petition authorized by RCW 29A.24.091 must be printed on sheets of uniform color and size, must include a place for each individual to sign and print his or her name and the address, city, and county at which he or she is registered to vote, and must contain no more than twenty numbered lines.
(2) The filing fee petition must be in substantially the following form:
The warning prescribed by RCW 29A.72.140; followed by:
We, the undersigned registered voters of (the state of Washington or the political subdivision for which the nomination is made) , hereby petition that the name of (candidate's name) be printed on the official primary ballot for the office of (insert name of office) .
[ 2013 c 11 s 32; 2006 c 206 s 4; 2004 c 271 s 114. ]
Filing fee petitions may be rejected for the following reasons:
(1) The petition is not in the proper form;
(2) The petition clearly bears insufficient signatures;
(3) The petition is not accompanied by a declaration of candidacy;
(4) The time within which the petition and the declaration of candidacy could have been filed has expired.
If the petition is accepted, the officer with whom it is filed shall canvass the signatures contained on it and shall reject the signatures of those persons who are not registered voters and the signatures of those persons who are not registered to vote within the jurisdiction of the office for which the filing fee petition is filed. He or she shall additionally reject any signature that appears on the filing fee petitions of two or more candidates for the same office and shall also reject, each time it appears, the name of any person who signs the same petition more than once.
If the officer with whom the petition is filed refuses to accept the petition or refuses to certify the petition as bearing sufficient valid signatures, the person filing the petition may appeal that action to the superior court. The application for judicial review shall take precedence over other cases and matters and shall be speedily heard and determined.
[ 2006 c 206 s 5; 2004 c 271 s 161. ]
A candidate may withdraw the candidate's declaration of candidacy at any time before 5:00 p.m. on the Monday following the last day for candidates to file under RCW 29A.24.050 by filing, with the officer with whom the declaration of candidacy was filed, a signed request that the candidate's name not be printed on the ballot. There shall be no withdrawal period for declarations of candidacy filed during special filing periods held under this title. No filing fee may be refunded to any candidate who withdraws under this section. Notice of the deadline for withdrawal of candidacy and that the filing fee is not refundable shall be given to each candidate at the time the candidate files.
[ 2023 c 394 s 7; 2011 c 349 s 8; 2004 c 271 s 115. ]
NOTES:
Effective date—2011 c 349: See note following RCW 29A.04.255.
A void in candidacy occurs when an election has been scheduled and no valid declaration of candidacy has been filed for the position or all persons filing such valid declarations of candidacy have died or been disqualified.
[ 2011 c 349 s 9; 2004 c 271 s 162. ]
NOTES:
Effective date—2011 c 349: See note following RCW 29A.04.255.
(1) If, prior to the first day of the regular filing period, a vacancy occurs in an office that is not scheduled to appear on the general election ballot, leaving an unexpired term for which a successor must be elected at the next general election, filings for that office shall be accepted during the regular filing period. The filing officer shall provide notice of the vacancy and filing period to newspapers, radio, and television in the county, and online. The position shall appear on the primary and general election ballots unless no primary is required or unless a candidate for superior court judge is entitled to a certificate of election pursuant to Article 4 [IV], section 29 of the state Constitution.
(2) If, on the first day of the regular filing period or later, a vacancy occurs in an office that is not scheduled to appear on the general election ballot, leaving an unexpired term, the election of the successor shall occur at the next succeeding general election that the office is allowed by law to have an election.
[ 2011 c 349 s 10; 2006 c 344 s 7; 2004 c 271 s 165. ]
NOTES:
Effective date—2011 c 349 ss 10-12, 27, 28, and 30: "Sections 10 through 12, 27, 28, and 30 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect immediately [May 16, 2011]." [ 2011 c 349 s 34.]
Effective date—2006 c 344 ss 1-16 and 18-40: See note following RCW 29A.04.311.
(1) If a void in candidacy occurs following the regular filing period and deadline to withdraw, but prior to the day of the primary, filings for that office shall be reopened for a period of three normal business days, such three-day period to be fixed by the filing officer. The filing officer shall provide notice of the special filing period to newspapers, radio, and television in the county, and online. The candidate receiving a plurality of the votes cast for that office in the general election is deemed elected.
(2) This section does not apply to voids in candidacy in the office of precinct committee officer, which are filled by appointment pursuant to *RCW 29A.28.071.
[ 2011 c 349 s 11; 2006 c 344 s 8; 2004 c 271 s 166. ]
NOTES:
*Reviser's note: RCW 29A.28.071 was recodified as RCW 29A.80.031 pursuant to 2013 c 11 s 93.
Effective date—2011 c 349 ss 10-12, 27, 28, and 30: See note following RCW 29A.24.171.
Effective date—2006 c 344 ss 1-16 and 18-40: See note following RCW 29A.04.311.
A scheduled election shall be lapsed, the office deemed stricken from the ballot, no purported write-in votes counted, and no candidate certified as elected, when a void in candidacy occurs following the special three-day filing period required by RCW 29A.24.181.
[ 2011 c 349 s 12; 2006 c 344 s 9; 2004 c 271 s 167. ]
NOTES:
Effective date—2011 c 349 ss 10-12, 27, 28, and 30: See note following RCW 29A.24.171.
Effective date—2006 c 344 ss 1-16 and 18-40: See note following RCW 29A.04.311.
If after both the normal filing period and special three-day filing period as provided by RCW 29A.24.171 and 29A.24.181 have passed, no candidate has filed for any single city, town, or district position to be filled, the election for such position shall be deemed lapsed, the office deemed stricken from the ballot and no write-in votes counted. In such instance, the incumbent occupying such position shall remain in office and continue to serve until a successor is elected at the next election when such positions are voted upon.
[ 2004 c 271 s 190. ]
A void in candidacy in a water-sewer district with fewer than one hundred residents may be filled in accordance with RCW 57.12.035.
[ 2007 c 383 s 2. ]
(1) Any person who desires to be a write-in candidate shall file a declaration of candidacy with the officer designated in RCW 29A.24.070 not later than 8:00 p.m. on the day of the primary or election. A write-in declaration of candidacy is timely if filed by this deadline. No votes shall be counted for a write-in candidate who has not properly filed a write-in declaration of candidacy.
(2) Votes cast for write-in candidates who have filed such declarations of candidacy need only specify the name of the candidate in the appropriate location on the ballot in order to be counted.
(3) No person may file as a write-in candidate where:
(a) At a general election, the person attempting to file either filed as a write-in candidate for the same office at the preceding primary or the person's name was printed on the ballot for the same office at the preceding primary;
(b) The person attempting to file as a write-in candidate has already filed a valid write-in declaration for that primary or election;
(c) The name of the person attempting to file is already printed on the ballot as a candidate for another office, unless the other office is precinct committee officer or a temporary elected position, such as charter review board member or freeholder;
(d) The office filed for is precinct committee officer.
(4) The declaration of candidacy shall be similar to that required by RCW 29A.24.031. No write-in candidate filing under this section may be included in any voters' pamphlet produced under chapter 29A.32 RCW unless that candidate qualifies to have his or her name printed on the general election ballot. The legislative authority of any jurisdiction producing a local voters' pamphlet under chapter 29A.32 RCW may provide, by ordinance, for the inclusion of write-in candidates in such pamphlets.
[ 2018 c 187 s 2; 2013 c 11 s 91; 2012 c 89 s 2; 2011 c 349 s 13; 2004 c 271 s 117. ]
NOTES:
Intent—Finding—2012 c 89: "The United States district court, western district of Washington, ruled that Washington's method of electing political party precinct committee officers is unconstitutional based on the associational rights of political parties. The court stated that Washington may decide to implement elections for precinct committee officer in a manner not yet conceived but ultimately satisfactory to the political parties. Washington may even implement these elections in a way that severely burdens the political parties' associational rights but does so in a manner narrowly tailored to serve a compelling governmental interest. The major political parties stated in court that they might be satisfied of party membership if a voter affirms affiliation with the particular party. Toward this end, the legislature has worked closely with the major political parties to develop a system of electing precinct committee officers that the parties support, that will protect the secrecy of the ballot, and will not increase burdens placed on local election officials. Therefore, it is the intent of the legislature to remedy the unconstitutional method of selecting precinct committee officers by implementing a provision requiring voters to affirm an affiliation with the appropriate party in order to vote in a race for precinct committee officer in that party. The legislature finds that the office of precinct committee officer itself is both a constitutionally recognized and authorized office with certain duties outlined in state law and the state Constitution." [ 2012 c 89 s 1.]
Effective date—2012 c 89: "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 [March 29, 2012]." [ 2012 c 89 s 7.]
Effective date—2011 c 349: See note following RCW 29A.04.255.
The secretary of state shall notify each county auditor of any declarations filed with the secretary under RCW 29A.24.311 for offices appearing on the ballot in that county. The county auditor shall ensure that those persons charged with counting the ballots for a primary or election are notified of all valid write-in candidates before the tabulation of those ballots.
[ 2013 c 11 s 33; 2003 c 111 s 623. Prior: 1988 c 181 s 2. Formerly RCW 29.04.190. ]
When a vacancy occurs in the representation of this state in the senate of the United States, the governor shall make a temporary appointment to that office until the people fill the vacancy by election as provided in this chapter.
[ 2003 c 111 s 703. Prior: 1985 c 45 s 3; 1965 c 9 s 29.68.070; prior: 1921 c 33 s 1; RRS s 3798. Formerly RCW 29.68.070. ]
NOTES:
Legislative intent—1985 c 45: See note following RCW 29A.04.420.
Special procedures for primary for United States senate vacancy in 1983: Chapter 1, Laws of 1983 3rd ex. sess. (uncodified).
Vacancies in public office, how caused: RCW 42.12.010.
(1) Whenever a vacancy occurs in the United States house of representatives or the United States senate from this state, the governor shall order a special election to fill the vacancy.
(2) Within ten days of such vacancy occurring, he or she shall issue a writ of election fixing a date for the primary at least seventy days after issuance of the writ, and fixing a date for the election at least seventy days after the date of the primary. If the vacancy is in the office of United States representative, the writ of election shall specify the congressional district that is vacant.
(3) If the vacancy occurs less than eight months before a general election and before the close of the filing period for that general election, the special primary and special vacancy election must be held in concert with the state primary and general election in that year.
(4) If the vacancy occurs on or after the first day for filing under RCW 29A.24.050 and on or before the close of the filing period, a special filing period of three normal business days shall be fixed and notice thereof given to all media, including press, radio, and television within the area in which the vacancy election is to be held, to the end that, insofar as possible, all interested persons will be aware of such filing period.
(5) If the vacancy occurs later than the close of the filing period, a special primary and vacancy election to fill the position shall be held after the next general election but, in any event, no later than the ninetieth day following the general election.
[ 2013 c 11 s 34; 2011 c 349 s 14; 2006 c 344 s 12; 2004 c 271 s 118. ]
NOTES:
Effective date—2011 c 349: See note following RCW 29A.04.255.
Effective date—2006 c 344 ss 1-16 and 18-40: See note following RCW 29A.04.311.
After calling a special primary and special vacancy election to fill a vacancy in the United States house of representatives or the United States senate from this state, the governor shall immediately notify the secretary of state who shall, in turn, immediately notify the county auditor of each county wholly or partly within which the vacancy exists.
Each county auditor shall publish notices of the special primary and the special vacancy election at least once in any legal newspaper published in the county, as provided by RCW 29A.52.355.
[ 2013 c 11 s 35; 2003 c 111 s 705; 1985 c 45 s 5; 1973 2nd ex.s. c 36 s 5; 1965 c 9 s 29.68.100. Prior: 1909 ex.s. c 25 s 2, part; RRS s 3800, part. Formerly RCW 29.68.100. ]
NOTES:
Legislative intent—1985 c 45: See note following RCW 29A.04.420.
The general election laws and laws relating to partisan primaries shall apply to the special primaries and vacancy elections provided for in chapter 29A.28 RCW to the extent that they are not inconsistent with the provisions of these sections. Statutory time deadlines relating to availability of ballots, certification, canvassing, and related procedures that cannot be met in a timely fashion may be modified for the purposes of a specific primary or vacancy election under this chapter by the secretary of state through emergency rules adopted under RCW 29A.04.611.
[ 2013 c 11 s 36; 2011 c 10 s 28; 2004 c 271 s 119. ]
NOTES:
Notice to registered poll voters—Elections by mail—2011 c 10: See note following RCW 29A.04.008.
The secretary of state shall, whenever at least one statewide measure or office is scheduled to appear on the general election ballot, print and distribute a voters' pamphlet.
The secretary of state shall distribute the voters' pamphlet to each household in the state, to public libraries, and to any other locations the secretary deems appropriate. The secretary of state shall also produce recorded or Braille transcripts of the voters' pamphlet, publicize their availability, and mail without charge a copy to any person who requests one.
The secretary of state may make the material required to be distributed by this chapter available to the public in electronic form. The secretary of state may provide the material in electronic form to web-based, print, and broadcast news media and similar services at the cost of reproduction or transmission of the data.
[ 2024 c 78 s 1; 2003 c 111 s 801. Prior: 1999 c 260 s 1. Formerly RCW 29.81.210. ]
NOTES:
Effective date—2024 c 78: "This act takes effect January 1, 2025." [ 2024 c 78 s 13.]
No person or entity may publish or distribute any campaign material that is deceptively similar in design or appearance to a voters' pamphlet that was published by the secretary of state during the 10-year period before the publication or distribution of the campaign material by the person or entity. The secretary of state shall take reasonable measures to prevent or to stop violations of this section. Such measures may include, among others, petitioning the superior court for a temporary restraining order or other appropriate injunctive relief. In addition, the secretary may request the superior court to impose a civil fine on a violator of this section. The court is authorized to levy on and recover from each violator a civil fine not to exceed the greater of: (1) $5 for each copy of the deceptive material distributed, or (2) $10,000. In addition, the violator is liable for the state's legal expenses and other costs resulting from the violation. Any funds recovered under this section must be transmitted to the state treasurer for deposit in the general fund.
[ 2024 c 78 s 2; 2003 c 111 s 802; 1984 c 41 s 1. Formerly RCW 29.04.035. ]
NOTES:
Effective date—2024 c 78: See note following RCW 29A.32.010.
The voters' pamphlet published or distributed under RCW 29A.32.010 must contain:
(1) Information about each ballot measure initiated by or referred to the voters for their approval or rejection as required by RCW 29A.32.070;
(2) In even-numbered years, statements, if submitted, from candidates for the office of president and vice president of the United States, 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, justice of the supreme court, judge of the court of appeals, or judge of the superior court. Candidates may also submit campaign contact information and a photograph not more than five years old in a format that the secretary of state determines to be suitable for reproduction in the voters' pamphlet;
(3) In odd-numbered years, statements, if submitted, from candidates for any office listed in subsection (2) of this section that appears on the ballot due to a vacancy. Candidates may also submit campaign contact information and a photograph not more than five years old in a format that the secretary of state determines to be suitable for reproduction in the voters' pamphlet;
(4) Contact information for the public disclosure commission established under RCW 29B.20.010, including 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 statement must be placed in a prominent position, such as the first two pages of the voters' pamphlet. The secretary of state may substitute such language as is necessary for accuracy and clarity and consistent with the intent of this section;
(5) Contact information for major political parties;
(6) A brief statement explaining the deletion and addition of language for proposed measures under RCW 29A.32.080;
(7) A list of all student engagement hubs as designated under RCW 29A.40.180;
(8) A page providing information about how to access the internet presentation of the information created in RCW 44.48.160 about the state budgets, including a uniform resource locator, a quick response code, and a phone number for the legislative information center. The uniform resource locator and quick response codes will lead the voter to the internet information required in RCW 44.48.160; and
(9) Any additional information pertaining to elections as may be required by law or in the judgment of the secretary of state is deemed informative to the voters.
[ 2024 c 164 s 507; 2024 c 78 s 3; 2023 c 109 s 8; 2020 c 208 s 11; 2013 c 283 s 2; (2018 c 112 s 5 expired January 1, 2019); 2011 c 60 s 13; 2009 c 415 s 2; 2008 c 1 s 12 (Initiative Measure No. 960, approved November 6, 2007); 2004 c 271 s 121. ]
NOTES:
Reviser's note: This section was amended by 2024 c 78 s 3 and by 2024 c 164 s 507, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Intent—Construction—Rules remain valid—Effective date—2024 c 164: See notes following RCW 29B.10.010.
Effective date—2024 c 78: See note following RCW 29A.32.010.
Findings—2023 c 109: See note following RCW 29A.32.070.
Short title—Findings—2020 c 208: See notes following RCW 29A.08.210.
Expiration date—2018 c 112 s 5: "Section 5 of this act expires January 1, 2019." [ 2018 c 112 s 7.]
Findings—Intent—2013 c 283: "(1) The legislature finds that the voters of the state of Washington have overwhelmingly affirmed the public's right to know about the financing of political activity. Recognizing that Initiative 276, which created the public disclosure commission and serves as the foundation of Washington's disclosure and campaign finance laws, was approved with over seventy-two percent of voters in support, the legislature also finds that maintaining the tradition of transparency in campaigns and political activities in the state of Washington is a top priority for citizens throughout Washington state.
(2) Therefore, it is the intent of the legislature to increase transparency and ensure that voters be provided easy access to accurate information about the sources of money supporting or opposing candidates and ballot measures by printing the public disclosure commission's website on voters' pamphlets and ballots for each primary and general election." [ 2013 c 283 s 1.]
Effective date—2011 c 60: See note following RCW 29B.20.030.
Findings—Intent—Construction—Severability—Subheadings and part headings not law—Short title—Effective date—2008 c 1 (Initiative Measure No. 960): See notes following RCW 43.135.031.
The voters' pamphlet must also contain the political party preference or independent status where a candidate appearing on the ballot has expressed such a preference on his or her declaration of candidacy.
[ 2005 c 2 s 11 (Initiative Measure No. 872, approved November 2, 2004). ]
NOTES:
Short title—Intent—Contingent effective date—2005 c 2 (Initiative Measure No. 872): See notes following RCW 29A.52.112.
(1) Explanatory statements prepared by the attorney general under RCW 29A.32.070 (3) and (4) must be written in clear and concise language, avoiding legal and technical terms when possible. Statements are initiated by written request from the secretary of state, and must be filed with the secretary of state by the date provided in the request.
(2) When the explanatory statements for a measure initiated by petition are filed with the secretary of state, the secretary of state shall immediately provide the text of the statements to the person proposing the measure and any others who have made written request for notification of the exact language of the statements. When the statements for a measure referred to the ballot by the legislature are filed with the secretary of state, the secretary of state shall immediately provide the text of the statements to the presiding officer of the senate, the presiding officer of the house of representatives, the prime sponsor, and any others who have made written request for notification of the exact language of the statements.
(3) A person dissatisfied with the statements may appeal to the superior court of Thurston county within five days of the filing date. A copy of the petition and a notice of the appeal must be served on the secretary of state and the attorney general. The court shall examine the measure, the statements, and objections, and may hear arguments. The court shall render its decision and certify to and file with the secretary of state a statement it determines will meet the requirements of this chapter, and within the timelines identified by the secretary of state.
The decision of the superior court is final, and its statement is the established explanatory statement. The appeal must be heard without costs to either party.
[ 2015 c 171 s 1; 2009 c 415 s 3; 2003 c 111 s 804. Prior: 1999 c 260 s 3. Formerly RCW 29.81.230. ]
Committees shall write and submit arguments advocating the approval or rejection of each statewide ballot issue and rebuttals of those arguments. The secretary of state, the presiding officer of the senate, and the presiding officer of the house of representatives shall appoint the initial two members of each committee. In making these committee appointments the secretary of state and presiding officers of the senate and house of representatives shall consider legislators, sponsors of initiatives and referendums, and other interested groups known to advocate or oppose the ballot measure. Committees must have the explanatory and fiscal impact statements available before preparing their arguments.
The initial two members may select up to four additional members, and the committee shall elect a chairperson. The remaining committee member or members may fill vacancies through appointment.
After the committee submits its initial argument statements to the secretary of state, the secretary of state shall transmit the statements to the opposite committee. The opposite committee may then prepare rebuttal arguments. Rebuttals may not interject new points.
The voters' pamphlet may contain only text argument statements prepared according to this section. Graphs, charts, photographs, cartoons, or caricatures are not permitted.
[ 2024 c 78 s 4; 2015 c 171 s 2; 2003 c 111 s 806. Prior: 1999 c 260 s 4. Formerly RCW 29.81.240. ]
NOTES:
Effective date—2024 c 78: See note following RCW 29A.32.010.
The secretary of state shall determine the format and layout of the voters' pamphlet published under RCW 29A.32.010. The secretary of state shall print the pamphlet in clear, readable type on a size, quality, and weight of paper that in the judgment of the secretary of state best serves the voters. The pamphlet must contain a table of contents. Measures and arguments must be printed in the order specified by RCW 29A.72.290.
The secretary of state's name may not appear in the voters' pamphlet in an official capacity if the secretary is a candidate for office during the same year. The secretary's name may only be included as part of the information normally included for candidates.
The voters' pamphlet must provide the following information for each statewide issue on the ballot:
(1) The legal identification of the measure by serial designation or number;
(2) The official ballot title of the measure;
(3) A statement prepared by the attorney general explaining the law as it presently exists;
(4) A statement prepared by the attorney general explaining the effect of the proposed measure if it becomes law;
(5) The fiscal impact statement prepared under RCW 29A.72.025;
(6) The total number of votes cast for and against the measure in the senate and house of representatives, if the measure has been passed by the legislature;
(7) An argument advocating the voters' approval of the measure together with any statement in rebuttal of the opposing argument;
(8) An argument advocating the voters' rejection of the measure together with any statement in rebuttal of the opposing argument;
(9) Each argument or rebuttal statement must be followed by the names of the committee members who submitted them, and may be followed by a telephone number that citizens may call to obtain information on the ballot measure;
(10) The full text of the measure.
[ 2024 c 78 s 5; 2023 c 109 s 2; 2016 c 83 s 1; 2009 c 415 s 5. Prior: 2008 c 1 s 13 (Initiative Measure No. 960, approved November 6, 2007); 2003 c 111 s 807; prior: 2002 c 139 s 2; 1999 c 260 s 5. Formerly RCW 29.81.250. ]
NOTES:
Effective date—2024 c 78: See note following RCW 29A.32.010.
Findings—2023 c 109: "The legislature finds that making the act of casting a ballot as simple as possible will help promote the free and equal elections guaranteed by Article I, section 19 and Article VI, section 1 of the Washington state Constitution. The legislature recognizes that transparency and fiscal responsibility are important to the people of Washington, and that election administration and ballot design should reflect these long-held values. The legislature further finds that the people rightfully expect items on their ballots to be neutrally and accurately worded. Finally, the legislature finds for the votes that Washingtonians cast to have meaning, the ballot must be limited to candidate elections that give the people the power to choose their representatives or ballot measures that determine what laws and plan of government the state and its localities shall have." [ 2023 c 109 s 1.]
Findings—Intent—Construction—Severability—Subheadings and part headings not law—Short title—Effective date—2008 c 1 (Initiative Measure No. 960): See notes following RCW 43.135.031.
Statewide ballot measures that amend existing law must be printed in the voters' pamphlet so that language proposed for deletion is enclosed by double parentheses and has a line through it. Proposed new language must be underlined. A statement explaining the deletion and addition of language must appear as follows: "Any language in double parentheses with a line through it is existing state law and will be taken out of the law if this measure is approved by voters. Any underlined language does not appear in current state law but will be added to the law if this measure is approved by voters."
[ 2003 c 111 s 808. Prior: 1999 c 260 s 6. Formerly RCW 29.81.260. ]
(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.
(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. ]
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. ]
(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.
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. ]
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.
(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.
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. ]
(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.
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.
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.
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. ]
(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.
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.
(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.
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.
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.
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.
(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.
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.
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.
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. ]
(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. ]
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.
(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. ]
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.
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. ]
(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.
(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.
PDFRCW 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.]
[ 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. ]
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.
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.]
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. ]
(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.]
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.
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.
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.
(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.
(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.
(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.
(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.
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.
(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.
PDFRCW 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.]
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.
(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.]
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.
(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.
(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. ]
(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.
(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.
So far as applicable, the provisions of this title relating to conducting general elections govern the conduct of primaries.
[ 2004 c 271 s 143. ]
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. ]
(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.
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.]
(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.
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. ]
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.]
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. ]
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. ]
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. ]
(1) Notice for any state, county, district, or municipal primary or election, whether special or general, must be given by the county auditor between five and fifteen days prior to the deadline for mail-in registrations. The notice must be published in one or more newspapers of general circulation and must contain, at a minimum, the last date to register online or through the mail, the last date to transfer or update an existing registration, the last date to register in person for first-time voters, information on where a person can register, the type of election, the date of the election, how a voter can obtain a ballot, a list of all jurisdictions involved in the election, including positions and short titles for ballot measures appearing on the ballot, and the times and dates of any public meetings associated with the election. The notice shall also include where additional information regarding the election may be obtained. The notice of a primary held in an even-numbered year must indicate that the office of precinct committee officer is on the ballot. This is the only notice required for a state, county, district, or municipal primary or special or general election.
(2) If the county or city chooses to mail a local voters' pamphlet as described in RCW 29A.32.210 to each residence, the notice required in this section need only include the last date to register online or through the mail, the last date to transfer or update an existing registration, the last date to register in person for first-time voters, information on where a person can register, and the times and dates of any public meetings associated with the election.
[ 2013 c 11 s 53; 2011 c 10 s 45. ]
NOTES:
Notice to registered poll voters—Elections by mail—2011 c 10: See note following RCW 29A.04.008.
Immediately after the ascertainment of the result of an election for an office to be filled by the voters of a single county, or of a precinct, or of a constituency within a county for which the county auditor serves as supervisor of elections, the county auditor shall notify the person elected, and issue to the person a ceremonial certificate of election.
[ 2007 c 374 s 2; 2003 c 111 s 1314; 1965 c 9 s 29.27.100. Prior: 1961 c 130 s 8; prior: Code 1881 s 3096, part; 1866 p 6 s 2, part; 1865 p 39 s 7, part; RRS s 5343, part. Formerly RCW 29.27.100. ]
Except as provided in the state Constitution, the governor shall issue certificates of election to those elected as senator or representative in the Congress of the United States and to state offices. The secretary of state shall issue certificates of election to those elected to the office of judge of the superior court in judicial districts comprising more than one county and to those elected to either branch of the state legislature in legislative districts comprising more than one county.
[ 2003 c 111 s 1315; 1965 c 9 s 29.27.110. Prior: (i) 1933 c 92 s 1; RRS s 5343-1. (ii) Code 1881 s 3100, part; No RRS. Formerly RCW 29.27.110. ]
NOTES:
Judges of their own election and qualification—Quorum: State Constitution Art. 2 s 8.
Returns of elections, canvass, etc.: State Constitution Art. 3 s 4.
(1) On the second Tuesday in March of each year in which a president of the United States is to be nominated and elected, a presidential primary shall be held at which voters may vote for the nominee of a major political party for the office of president.
(2)(a) The secretary of state may propose an alternative date for the primary, including to coordinate a regional primary with any of the following states: Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, and Utah, no later than the first day of September of the year before the year in which a president is to be nominated and elected. The proposed date must not be prior to the earliest date permitted by the national rules of the major political parties.
(b) No later than the fifteenth day of September of the year before the year in which a presidential nominee is selected, the state committee of any major political party that will use the primary results for candidates of that party may propose an alternative date for that primary.
(3) If an alternative date is proposed under subsection (2)(a) or (b) of this section, a committee consisting of the chair and the vice chair of the state committee of each major political party, the secretary of state, the majority leader and minority leader of the senate, and the speaker and the minority leader of the house of representatives shall meet and, if affirmed by a two-thirds vote of the members of the committee, the date of the primary shall be changed. The committee shall meet and decide on the proposed alternate date not later than the first day of October of the year before the year in which a presidential nominee is selected. The secretary of state shall convene and preside over the meeting of the committee. A committee member other than a legislator may appoint, in writing, a designee to serve on his or her behalf. A legislator who is a member of the committee may appoint, in writing, another legislator to serve on his or her behalf.
(4) If an alternate date is approved under this section, the secretary of state shall adopt rules under RCW 29A.04.620 to adjust the deadlines in RCW 29A.56.031 and related provisions of this chapter to correspond with the date that has been approved.
[ 2019 c 7 s 1; 2003 c 111 s 1402; (2011 c 319 s 1 expired January 1, 2013); (2003 3rd sp.s. c 1 s 2 expired January 1, 2005); (2003 3rd sp.s. c 1 s 1 expired July 1, 2004). Prior: 1995 1st sp.s. c 20 s 1; 1989 c 4 s 2 (Initiative Measure No. 99). Formerly RCW 29.19.020. ]
NOTES:
Expiration date—2011 c 319: "Section 1 of this act expires January 1, 2013." [ 2011 c 319 s 2.]
Effective date—2003 3rd sp.s. c 1 s 2: "Section 2 of this act takes effect July 1, 2004." [ 2003 3rd sp.s. c 1 s 5.]
Expiration date—2003 3rd sp.s. c 1 s 2: "Section 2 of this act expires January 1, 2005." [ 2003 3rd sp.s. c 1 s 6.]
Expiration date—2003 3rd sp.s. c 1 s 1: "Section 1 of this act expires July 1, 2004." [ 2003 3rd sp.s. c 1 s 4.]
Effective date—2003 3rd sp.s. c 1 s 1: "Section 1 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [December 9, 2003]." [ 2003 3rd sp.s. c 1 s 3.]
Effective date—1995 1st sp.s. c 20: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [June 15, 1995]." [ 1995 1st sp.s. c 20 s 7.]
(1) Each party must determine which candidates are to be placed on the presidential primary ballot for that party. The chair of each party must submit to the secretary of state the names of the candidates to appear on the ballot for that party no later than sixty-three days before the presidential primary. Once submitted, changes must not be made to the candidates that will appear on the ballot.
(2) No later than the seventh day before the presidential nomination primary, the chair of each party must submit to the secretary of state the names of write-in candidates, if any, to be counted for that party.
[ 2019 c 7 s 2. ]
(1) Except where necessary to accommodate the national or state rules of a major political party or where this chapter specifically provides otherwise, the presidential primary must be conducted in substantially the same manner as a state primary under this title.
(2) The arrangement and form of presidential primary ballots must be established by administrative rule adopted under RCW 29A.04.620, and in consultation with the major political parties. Only the candidates who have been submitted under RCW 29A.56.031 may appear on the ballots.
(3) Each party's ballot or portion of the ballot must list alphabetically the names of all candidates for the office of president for that party. The ballot must clearly indicate the political party of each candidate.
(4) If requested by a party chair, the ballot for that party must contain a place for a voter to indicate a preference for having delegates to the party's national convention remain uncommitted. A request under this subsection must be submitted to the secretary of state no later than sixty-three days before the presidential primary.
(5) A presidential primary ballot with votes for more than one candidate is void, and notice to this effect, stated in clear, simple language and printed in large type, must appear on the face of each presidential primary ballot or on or about each voting device.
(6) Notice must be published in the manner required by RCW 29A.52.355.
[ 2019 c 7 s 3; 2013 c 11 s 54; 2007 c 385 s 1; 2003 c 111 s 1404. Prior: 1995 1st sp.s. c 20 s 2. Formerly RCW 29.19.045. ]
NOTES:
Effective date—1995 1st sp.s. c 20: See note following RCW 29A.56.020.
(1) A major political party may, under national or state party rules, base the allocation of delegates from this state to the national nominating convention of that party in whole or in part on the participation in precinct caucuses and conventions conducted under the rules of that party.
(2) If requested by a major political party, the secretary of state shall adopt rules under RCW 29A.04.620 to provide for any declaration required by that party.
(3) Voters who subscribe to a specific political party declaration under this section may only vote for a candidate of that party. Each list of candidates on ballots must be readily distinguishable from the list of candidates for any other party. Votes cast by persons making these declarations must be tabulated and reported separately from other votes cast at the primary and may be used by a major political party in its allocation of delegates under the rules of that party.
(4) For a political party that requires a specific voter declaration under this section, the secretary of state shall prescribe rules for providing, to the state and county committees of that political party, a copy of the declarations or a list of the voters who participated in the presidential nominating process of that party.
[ 2019 c 7 s 4; 2003 c 111 s 1405. Prior: 1995 1st sp.s. c 20 s 3. Formerly RCW 29.19.055. ]
NOTES:
Effective date—1995 1st sp.s. c 20: See note following RCW 29A.56.020.
Subject to available funds specifically appropriated for this purpose, whenever a presidential primary is held as provided by this chapter, the state of Washington shall assume all costs of holding the primary if it is held alone. If any other election or elections are held at the same time, the state is liable only for a prorated share of the costs. The county auditor shall determine the costs, including the state's prorated share, if applicable, in the same manner as provided under RCW 29A.04.410 and shall file a certified claim with the secretary of state. The secretary of state shall include in his or her biennial budget requests sufficient funds to carry out this section. Reimbursements for primary costs must be from appropriations specifically provided by law for that purpose.
[ 2003 c 111 s 1406. Prior: 1995 1st sp.s. c 20 s 5; 1989 c 4 s 8 (Initiative Measure No. 99). Formerly RCW 29.19.080. ]
NOTES:
Effective date—1995 1st sp.s. c 20: See note following RCW 29A.56.020.
The definitions in this section apply throughout this section and RCW 29A.56.082 through 29A.56.092 unless the context clearly requires otherwise.
(1) "Cast" means accepted by the secretary of state in accordance with RCW 29A.56.090(2).
(2) "Elector" means an individual selected as a presidential elector under RCW 29A.56.320 and 29A.56.082 through 29A.56.092.
(3) "President" means president of the United States.
(4) "Unaffiliated presidential candidate" means a candidate for president who qualifies for the general election ballot in this state by means other than nomination by a political party.
(5) "Vice president" means vice president of the United States.
[ 2019 c 143 s 2. ]
NOTES:
Short title—2019 c 143: "This act may be known and cited as the uniform faithful presidential electors act." [ 2019 c 143 s 1.]
Uniformity of application and construction—2019 c 143: "In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it." [ 2019 c 143 s 9.]
For each elector position in this state, a political party contesting the position, or an unaffiliated presidential candidate, shall submit to the secretary of state the names of two qualified individuals. One of the individuals must be designated "elector nominee" and the other "alternate elector nominee." Except as otherwise provided in RCW 29A.56.086 through 29A.56.092, this state's electors are the winning elector nominees under the laws of this state.
[ 2019 c 143 s 3. ]
NOTES:
Short title—Uniformity of application and construction—2019 c 143: See notes following RCW 29A.56.080.
Each elector nominee and alternate elector nominee of a political party shall execute the following pledge: "If selected for the position of elector, I agree to serve and to mark my ballots for president and vice president for the nominees for those offices of the party that nominated me." Each elector nominee and alternate elector nominee of an unaffiliated presidential candidate shall execute the following pledge: "If selected for the position of elector as a nominee of an unaffiliated presidential candidate, I agree to serve and to mark my ballots for that candidate and for that candidate's vice presidential running mate." The executed pledges must accompany the submission of the corresponding names to the secretary of state.
[ 2019 c 143 s 4. ]
NOTES:
Short title—Uniformity of application and construction—2019 c 143: See notes following RCW 29A.56.080.
In submitting this state's certificate of ascertainment as required by 3 U.S.C. Sec. 6, the governor shall certify this state's electors and state in the certificate that:
(1) The electors will serve as electors unless a vacancy occurs in the office of elector before the end of the meeting at which elector votes are cast, in which case a substitute elector will fill the vacancy; and
(2) If a substitute elector is appointed to fill a vacancy, the governor will submit an amended certificate of ascertainment stating the names on the final list of this state's electors.
[ 2019 c 143 s 5. ]
NOTES:
Short title—Uniformity of application and construction—2019 c 143: See notes following RCW 29A.56.080.
(1) The secretary of state shall preside at the meeting of electors described in RCW 29A.56.090.
(2) The position of an elector not present to vote is vacant. The secretary of state shall appoint an individual as a substitute elector to fill a vacancy as follows:
(a) If the alternate elector is present to vote, by appointing the alternate elector for the vacant position;
(b) If the alternate elector for the vacant position is not present to vote, by appointing an elector chosen by lot from among the alternate electors present to vote who were nominated by the same political party or unaffiliated presidential candidate;
(c) If the number of alternate electors present to vote is insufficient to fill any vacant position pursuant to (a) and (b) of this subsection, by appointing any immediately available individual who is qualified to serve as an elector and chosen through nomination by and plurality vote of the remaining electors, including nomination and vote by a single elector if only one remains;
(d) If there is a tie between at least two nominees for substitute elector in a vote conducted under (c) of this subsection, by appointing an elector chosen by lot from among those nominees; or
(e) If all elector positions are vacant and cannot be filled pursuant to (a) through (d) of this subsection, by appointing a single presidential elector, with remaining vacant positions to be filled under (c) of this subsection and, if necessary, (d) of this subsection.
(3) To qualify as a substitute elector under subsection (2) of this section, an individual who has not executed the pledge required under RCW 29A.56.084 shall execute the following pledge: "I agree to serve and to mark my ballots for president and vice president consistent with the pledge of the individual to whose elector position I have succeeded."
[ 2019 c 143 s 6. ]
NOTES:
Short title—Uniformity of application and construction—2019 c 143: See notes following RCW 29A.56.080.
(1) At the time designated for elector voting and after all vacant positions have been filled under RCW 29A.56.088, the secretary of state shall provide each elector with a presidential and a vice presidential ballot. The elector shall mark the elector's presidential and vice presidential ballots with the elector's votes for the offices of president and vice president, respectively, along with the elector's signature and the elector's legibly printed name.
(2) Except as otherwise provided by law of this state other than RCW 29A.56.080 through 29A.56.092, each elector shall present both completed ballots to the secretary of state, who shall examine the ballots and accept as cast all ballots of electors whose votes are consistent with their pledges executed under RCW 29A.56.084 or 29A.56.088(3). Except as otherwise provided by law of this state other than RCW 29A.56.080 through 29A.56.092, the secretary of state may not accept and may not count either an elector's presidential or vice presidential ballot if the elector has not marked both ballots or has marked a ballot in violation of the elector's pledge.
(3) An elector who refuses to present a ballot, presents an unmarked ballot, or presents a ballot marked in violation of the elector's pledge executed under RCW 29A.56.084 or 29A.56.088(3) vacates the office of elector, creating a vacant position to be filled under RCW 29A.56.088.
(4) The secretary of state shall distribute ballots to and collect ballots from a substitute elector and repeat the process under this section of examining ballots, declaring and filling vacant positions as required, and recording appropriately completed ballots from the substituted electors, until all of this state's electoral votes have been cast and recorded.
[ 2019 c 143 s 7. ]
NOTES:
Short title—Uniformity of application and construction—2019 c 143: See notes following RCW 29A.56.080.
(1) After the vote of this state's electors is completed, if the final list of electors differs from any list that the governor previously included on a certificate of ascertainment prepared and transmitted under 3 U.S.C. Sec. 6, the secretary of state immediately shall prepare an amended certificate of ascertainment and transmit it to the governor for the governor's signature.
(2) The governor immediately shall deliver the signed amended certificate of ascertainment to the secretary of state and a signed duplicate original of the amended certificate of ascertainment to all individuals entitled to receive this state's certificate of ascertainment, indicating that the amended certificate of ascertainment is to be substituted for the certificate of ascertainment previously submitted.
(3) The secretary of state shall prepare a certificate of vote. The electors on the final list shall sign the certificate. The secretary of state shall process and transmit the signed certificate with the amended certificate of ascertainment under 3 U.S.C. Secs. 9, 10, and 11.
[ 2019 c 143 s 8. ]
NOTES:
Short title—Uniformity of application and construction—2019 c 143: See notes following RCW 29A.56.080.
Whenever any legal voter of the state or of any political subdivision thereof, either individually or on behalf of an organization, desires to demand the recall and discharge of any elective public officer of the state or of such political subdivision, as the case may be, under the provisions of sections 33 and 34 of Article 1 of the Constitution, the voter shall prepare a typewritten charge, reciting that such officer, naming him or her and giving the title of the office, has committed an act or acts of malfeasance, or an act or acts of misfeasance while in office, or has violated the oath of office, or has been guilty of any two or more of the acts specified in the Constitution as grounds for recall. The charge shall state the act or acts complained of in concise language, give a detailed description including the approximate date, location, and nature of each act complained of, be signed by the person or persons making the charge, give their respective post office addresses, and be verified under oath that the person or persons believe the charge or charges to be true and have knowledge of the alleged facts upon which the stated grounds for recall are based.
For the purposes of this chapter:
(1) "Misfeasance" or "malfeasance" in office means any wrongful conduct that affects, interrupts, or interferes with the performance of official duty;
(a) Additionally, "misfeasance" in office means the performance of a duty in an improper manner; and
(b) Additionally, "malfeasance" in office means the commission of an unlawful act;
(2) "Violation of the oath of office" means the neglect or knowing failure by an elective public officer to perform faithfully a duty imposed by law.
[ 2003 c 111 s 1407; 1984 c 170 s 1; 1975-'76 2nd ex.s. c 47 s 1; 1965 c 9 s 29.82.010. Prior: 1913 c 146 s 1; RRS s 5350. Former part of section: 1913 c 146 s 2; RRS s 5351, now codified in RCW 29.82.015. Formerly RCW 29.82.010. ]
NOTES:
Severability—1975-'76 2nd ex.s. c 47: "If any provision of this amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1975-'76 2nd ex.s. c 47 s 3.]
Any person making a charge shall file it with the elections officer whose duty it is to receive and file a declaration of candidacy for the office concerning the incumbent of which the recall is to be demanded. The officer with whom the charge is filed shall promptly (1) serve a copy of the charge upon the officer whose recall is demanded, and (2) certify and transmit the charge to the preparer of the ballot synopsis provided in RCW 29A.56.130. The manner of service shall be the same as for the commencement of a civil action in superior court.
[ 2003 c 111 s 1408. Prior: 1984 c 170 s 2; 1975-'76 2nd ex.s. c 47 s 2; 1965 c 9 s 29.82.015; prior: 1913 c 146 s 2; RRS s 5351. Formerly RCW 29.82.010, part. Formerly RCW 29.82.015. ]
NOTES:
Severability—1975-'76 2nd ex.s. c 47: See note following RCW 29A.56.110.
(1) Within fifteen days after receiving a charge, the officer specified below shall formulate a ballot synopsis of the charge of not more than two hundred words.
(a) Except as provided in (b) of this subsection, if the recall is demanded of an elected public officer whose political jurisdiction encompasses an area in more than one county, the attorney general shall be the preparer, except if the recall is demanded of the attorney general, the chief justice of the supreme court shall be the preparer.
(b) If the recall is demanded of an elected public officer whose political jurisdiction lies wholly in one county, or if the recall is demanded of an elected public officer of a district whose jurisdiction encompasses more than one county but whose declaration of candidacy is filed with a county auditor in one of the counties, the prosecuting attorney of that county shall be the preparer, except that if the prosecuting attorney is the officer whose recall is demanded, the attorney general shall be the preparer.
(2) The synopsis shall set forth the name of the person charged, the title of the office, and a concise statement of the elements of the charge. Upon completion of the ballot synopsis, the preparer shall certify and transmit the exact language of the ballot synopsis to the persons filing the charge and the officer subject to recall. The preparer shall additionally certify and transmit the charges and the ballot synopsis to the superior court of the county in which the officer subject to recall resides and shall petition the superior court to approve the synopsis and to determine the sufficiency of the charges.
[ 2003 c 111 s 1409; 1984 c 170 s 3. Formerly RCW 29.82.021. ]
Within 15 days after receiving the petition, the superior court shall have conducted a hearing on and shall have determined, without cost to any party, (1) whether or not the acts stated in the charge satisfy the criteria for which a recall petition may be filed, and (2) the adequacy of the ballot synopsis. The court shall notify the person subject to recall and the person demanding recall of the hearing date. Both persons may appear with counsel. The court may hear arguments as to the sufficiency of the charges and the adequacy of the ballot synopsis. The court shall not consider the truth of the charges, but only their sufficiency. An appeal of a sufficiency decision shall be filed in the supreme court as specified by RCW 29A.56.270. The superior court shall correct any ballot synopsis it deems inadequate. Any decision regarding the ballot synopsis by the superior court is final. The clerk shall certify and transmit the ballot synopsis to the officer subject to recall, the person demanding the recall, and either the secretary of state or the county auditor, as appropriate.
[ 2021 c 92 s 1; 2003 c 111 s 1410. Prior: 1984 c 170 s 4. Formerly RCW 29.82.023. ]
(1) The sponsors of a recall demanded of any public officer shall stop circulation of and file all petitions with the appropriate elections officer not less than six months before the next general election in which the officer whose recall is demanded is subject to reelection.
(2) The sponsors of a recall demanded of an officer elected to a statewide position shall have a maximum of two hundred seventy days, and the sponsors of a recall demanded of any other officer shall have a maximum of one hundred eighty days, in which to obtain and file supporting signatures after the issuance of a ballot synopsis by the superior court. If the decision of the superior court regarding the sufficiency of the charges is not appealed, the one hundred eighty or two hundred seventy day period for the circulation of signatures begins on the sixteenth day following the decision of the superior court. If the decision of the superior court regarding the sufficiency of the charges is appealed, the one hundred eighty or two hundred seventy day period for the circulation of signatures begins on the day following the issuance of the decision by the supreme court.
[ 2003 c 111 s 1411; 1984 c 170 s 5; 1971 ex.s. c 205 s 2. Formerly RCW 29.82.025. ]
NOTES:
Severability—1971 ex.s. c 205: "If any provision of this 1971 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [ 1971 ex.s. c 205 s 6.]
Recall petitions must be printed on single sheets of paper of good writing quality (including but not limited to newsprint) not less than eleven inches in width and not less than fourteen inches in length. No petition may be circulated or signed prior to the first day of the one hundred eighty or two hundred seventy day period established by RCW 29A.56.150 for that recall petition. The petitions must be substantially in the following form:
The warning prescribed by RCW 29A.72.140; followed by:
Petition for the recall of (here insert the name of the office and of the person whose recall is petitioned for) to the Honorable (here insert the name and title of the officer with whom the charge is filed).
We, the undersigned citizens and legal voters of (the state of Washington or the political subdivision in which the recall is to be held), respectfully direct that a special election be called to determine whether or not (here insert the name of the person charged and the office which he or she holds) be recalled and discharged from his or her office, for and on account of (his or her having committed the act or acts of malfeasance or misfeasance while in office, or having violated his or her oath of office, as the case may be), in the following particulars: (here insert the synopsis of the charge); and each of us for himself or herself says: I have personally signed this petition; I am a legal voter of the State of Washington in the precinct and city (or town) and county written after my name, and my residence address is correctly stated, and to my knowledge, have signed this petition only once.
The petition must include a place for each petitioner to sign and print his or her name, and the address, city, and county at which he or she is registered to vote.
[ 2003 c 111 s 1412; 1984 c 170 s 6; 1971 ex.s. c 205 s 4; 1965 c 9 s 29.82.030. Prior: 1913 c 146 s 4; RRS s 5353. Formerly RCW 29.82.030. ]
NOTES:
Severability—1971 ex.s. c 205: See note following RCW 29A.56.150.
Each recall petition at the time of circulating, signing, and filing with the officer with whom it is to be filed, must consist of not more than five sheets with numbered lines for not more than twenty signatures on each sheet, with the prescribed warning, title, and form of petition on each sheet, and a full, true, and correct copy of the original statement of the charges against the officer referred to therein, printed on sheets of paper of like size and quality as the petition, firmly fastened together.
[ 2003 c 111 s 1413; 1965 c 9 s 29.82.040. Prior: 1913 c 146 s 6; RRS s 5355. Formerly RCW 29.82.040. ]
When the person, committee, or organization demanding the recall of a public officer has secured sufficient signatures upon the recall petition the person, committee, or organization may submit the same to the officer with whom the charge was filed for filing in his or her office. The number of signatures required shall be as follows:
(1) In the case of a state officer, an officer of a city of the first class, a member of a school board in a city of the first class, or a county officer of a county with a population of forty thousand or more—signatures of legal voters equal to twenty-five percent of the total number of votes cast for all candidates for the office to which the officer whose recall is demanded was elected at the preceding election.
(2) In the case of an officer of any political subdivision, city, town, township, precinct, or school district other than those mentioned in subsection (1) of this section, and in the case of a state senator or representative—signatures of legal voters equal to thirty-five percent of the total number of votes cast for all candidates for the office to which the officer whose recall is demanded was elected at the preceding election.
[ 2003 c 111 s 1414. Prior: 1991 c 363 s 36; 1965 c 9 s 29.82.060; prior: 1913 c 146 s 8, part; RRS s 5357, part. Formerly RCW 29.82.060. ]
NOTES:
Purpose—Captions not law—1991 c 363: See notes following RCW 2.32.180.
Recall of elective officers—Percentages required: State Constitution Art. 1 s 34 (Amendment 8).
Upon the filing of a recall petition, the officer with whom the charge was filed shall stamp on each petition the date of filing, and shall notify the persons filing them and the officer whose recall is demanded of the date when the petitions will be canvassed, which date must be not less than five or more than ten days from the date of its filing.
[ 2003 c 111 s 1415; 1965 c 9 s 29.82.080. Prior: 1913 c 146 s 9, part; RRS s 5358, part. Formerly RCW 29.82.080. ]
(1) Upon the filing of a recall petition, the elections officer shall proceed to verify and canvass the names of legal voters on the petition.
(2) The verification and canvass of signatures on the petition may be observed by persons representing the advocates and opponents of the proposed recall so long as they make no record of the names, addresses, or other information on the petitions or related records during the verification process except upon the order of the superior court. The elections officer may limit the number of observers to not fewer than two on each side, if in his or her opinion a greater number would cause undue delay or disruption of the verification process. Any such limitation shall apply equally to both sides. If the elections officer finds the same name signed to more than one petition, he or she shall reject all but the first such valid signature.
(3) Where the recall of a statewide elected official is sought, the secretary of state may use any statistical sampling techniques for verification and canvassing which have been adopted by rule for canvassing initiative petitions under RCW 29A.72.230. No petition will be rejected on the basis of any statistical method employed. No petition will be accepted on the basis of any statistical method employed if such method indicates that the petition contains less than the number of signatures of legal voters required by Article I, section 33 (Amendment 8) of the state Constitution.
[ 2003 c 111 s 1416. Prior: 1984 c 170 s 7; 1977 ex.s. c 361 s 107; 1965 c 9 s 29.82.090; prior: 1913 c 146 s 9, part; RRS s 5358, part. Formerly RCW 29.82.090. ]
NOTES:
Effective date—Severability—1977 ex.s. c 361: See notes following RCW 29A.16.040.
If, at the conclusion of the verification and canvass, it is found that a petition for recall bears the required number of signatures of certified legal voters, the officer with whom the petition is filed shall promptly certify the petitions as sufficient and fix a date for the special election to determine whether or not the officer charged shall be recalled and discharged from office. The special election shall be held not less than forty-five nor more than ninety days from the certification and, whenever possible, on one of the dates provided in RCW 29A.04.330, but no recall election may be held between the date of the primary and the date of the general election in any calendar year. Notice shall be given in the manner as required by law for special elections in the state or in the political subdivision, as the case may be.
[ 2013 c 11 s 55; 2003 c 111 s 1417. Prior: 1984 c 170 s 8; 1977 ex.s. c 361 s 108; 1971 ex.s. c 205 s 5; 1965 c 9 s 29.82.100; prior: 1913 c 146 s 9, part; RRS s 5358, part. Formerly RCW 29.82.100. ]
NOTES:
Effective date—Severability—1977 ex.s. c 361: See notes following RCW 29A.16.040.
Severability—1971 ex.s. c 205: See note following RCW 29A.56.150.
When a date for a special recall election is set the certifying officer shall serve a notice of the date of the election to the officer whose recall is demanded and the person demanding recall. The manner of service shall be the same as for the commencement of a civil action in superior court. After having been served a notice of the date of the election and the ballot synopsis, the officer whose recall is demanded may submit to the certifying officer a response, not to exceed two hundred fifty words in length, to the charge contained in the ballot synopsis. Such response shall be submitted by the seventh consecutive day after service of the notice. The certifying officer shall promptly send a copy of the response to the person who filed the petition.
[ 2003 c 111 s 1418. Prior: 1984 c 170 s 9; 1980 c 42 s 1. Formerly RCW 29.82.105. ]
If it is found that the recall petition does not contain the requisite number of signatures of certified legal voters, the officer shall so notify the persons filing the petition, and at the expiration of thirty days from the conclusion of the count the officer shall destroy the petitions unless prevented therefrom by the injunction or mandate of a court.
[ 2003 c 111 s 1419; 1965 c 9 s 29.82.110. Prior: 1913 c 146 s 9, part; RRS s 5358, part. Formerly RCW 29.82.110. ]
The officer making the canvass of a recall petition shall keep a record of all names appearing on it that are not certified to be legal voters of the state or of the political subdivision, as the case may be, and of all names appearing more than once, and shall report the same to the prosecuting attorneys of the respective counties where the names appear to have been signed, to the end that prosecutions may be had for the violation of this chapter.
[ 2003 c 111 s 1420; 1965 c 9 s 29.82.120. Prior: 1913 c 146 s 10; RRS s 5359. Formerly RCW 29.82.120. ]
The special election for the recall of an officer shall be conducted in the same manner as a special election for that jurisdiction. The county auditor shall conduct the recall election. The ballots at any recall election shall contain a full, true, and correct copy of the ballot synopsis of the charge and the officer's response to the charge if one has been filed.
[ 2003 c 111 s 1421. Prior: 1990 c 59 s 71; 1980 c 42 s 2; 1965 c 9 s 29.82.130; prior: 1913 c 146 s 11; RRS s 5360. See also RCW 29.48.040. Formerly RCW 29.82.130. ]
NOTES:
Intent—Effective date—1990 c 59: See notes following RCW 29A.04.013.
The votes on a recall election must be counted, canvassed, and the results certified in the manner provided by law for counting, canvassing, and certifying the results of an election for the office from which the officer is being recalled. However, if the officer whose recall is demanded is the officer to whom, under the law, returns of elections are made, the returns must be made to the officer with whom the charge is filed, and who called the special election. In the case of an election for the recall of a state officer, the county canvassing boards of the various counties shall canvass and return the result of the election to the officer calling the special election. If a majority of all votes cast at the recall election is for the recall of the officer charged, the officer is thereupon recalled and discharged from the office, and the office thereupon is vacant.
[ 2003 c 111 s 1422; 1977 ex.s. c 361 s 109; 1965 c 9 s 29.82.140. Prior: 1913 c 146 s 12; RRS s 5361. Formerly RCW 29.82.140. ]
NOTES:
Effective date—Severability—1977 ex.s. c 361: See notes following RCW 29A.16.040.
Canvassing the returns: Chapter 29A.60 RCW.
The superior court of the county in which the officer subject to recall resides has original jurisdiction to compel the performance of any act required of any public officer or to prevent the performance by any such officer of any act in relation to the recall not in compliance with law.
The supreme court has like original jurisdiction in relation to state officers and revisory jurisdiction over the decisions of the superior courts. Any proceeding to compel or prevent the performance of any such act shall be begun within ten days from the time the cause of complaint arises, and shall be considered an emergency matter of public concern and take precedence over other cases, and be speedily heard and determined. Appellate review of a decision of any superior court shall be begun and perfected within fifteen days after its decision in a recall election case and shall be considered an emergency matter of public concern by the supreme court, and heard and determined within thirty days after the decision of the superior court.
[ 2003 c 111 s 1423. Prior: 1988 c 202 s 30; 1984 c 170 s 10; 1965 c 9 s 29.82.160; prior: 1913 c 146 s 14; RRS s 5363. Formerly RCW 29.82.160. ]
NOTES:
Rules of court: Writ procedure superseded by RAP 2.1(b), 16.2, 18.22.
Severability—1988 c 202: See note following RCW 2.24.050.
The agreement among the states to elect the president by national popular vote is hereby entered into and enacted into law with all jurisdictions legally joining therein, in the form substantially as follows:
ARTICLE I - Membership
Any state of the United States and the District of Columbia may become a member of this agreement by enacting this agreement.
ARTICLE II - Right of the People in Member States to Vote
for President and Vice President
Each member state shall conduct a statewide popular election for president and vice president of the United States.
ARTICLE III - Manner of Appointing Presidential Electors
in Member States
Prior to the time set by law for the meeting and voting by the presidential electors, the chief election official of each member state shall determine the number of votes for each presidential slate in each state of the United States and in the District of Columbia in which votes have been cast in a statewide popular election and shall add such votes together to produce a "national popular vote total" for each presidential slate.
The chief election official of each member state shall designate the presidential slate with the largest national popular vote total as the "national popular vote winner."
The presidential elector certifying official of each member state shall certify the appointment in that official's own state of the elector slate nominated in that state in association with the national popular vote winner.
At least six days before the day fixed by law for the meeting and voting by the presidential electors, each member state shall make a final determination of the number of popular votes cast in the state for each presidential slate and shall communicate an official statement of such determination within twenty-four hours to the chief election official of each other member state.
The chief election official of each member state shall treat as conclusive an official statement containing the number of popular votes in a state for each presidential slate made by the day established by federal law for making a state's final determination conclusive as to the counting of electoral votes by congress.
In event of a tie for the national popular vote winner, the presidential elector certifying official of each member state shall certify the appointment of the elector slate nominated in association with the presidential slate receiving the largest number of popular votes within that official's own state.
If, for any reason, the number of presidential electors nominated in a member state in association with the national popular vote winner is less than or greater than that state's number of electoral votes, the presidential candidate on the presidential slate that has been designated as the national popular vote winner shall have the power to nominate the presidential electors for that state and that state's presidential elector certifying official shall certify the appointment of such nominees.
The chief election official of each member state shall immediately release to the public all vote counts or statements of votes as they are determined or obtained.
This article shall govern the appointment of presidential electors in each member state in any year in which this agreement is, on July 20, in effect in states cumulatively possessing a majority of the electoral votes.
ARTICLE IV - Other Provisions
This agreement shall take effect when states cumulatively possessing a majority of the electoral votes have enacted this agreement in substantially the same form and the enactments by such states have taken effect in each state.
Any member state may withdraw from this agreement, except that a withdrawal occurring six months or less before the end of a president's term shall not become effective until a president or vice president shall have been qualified to serve the next term.
The chief executive of each member state shall promptly notify the chief executive of all other states of when this agreement has been enacted and has taken effect in that official's state, when the state has withdrawn from this agreement, and when this agreement takes effect generally.
This agreement shall terminate if the electoral college is abolished.
If any provision of this agreement is held invalid, the remaining provisions shall not be affected.
ARTICLE V - Definitions
For purposes of this agreement:
"Chief executive" shall mean the governor of a state of the United States or the mayor of the District of Columbia;
"Elector slate" shall mean a slate of candidates who have been nominated in a state for the position of presidential elector in association with a presidential slate;
"Chief election official" shall mean the state official or body that is authorized to certify the total number of popular votes for each presidential slate;
"Presidential elector" shall mean an elector for president and vice president of the United States;
"Presidential elector certifying official" shall mean the state official or body that is authorized to certify the appointment of the state's presidential electors;
"Presidential slate" shall mean a slate of two persons, the first of whom has been nominated as a candidate for president of the United States and the second of whom has been nominated as a candidate for vice president of the United States, or any legal successors to such persons, regardless of whether both names appear on the ballot presented to the voter in a particular state;
"State" shall mean a state of the United States and the District of Columbia; and
"Statewide popular election" shall mean a general election in which votes are cast for presidential slates by individual voters and counted on a statewide basis.
[ 2009 c 264 s 2. ]
NOTES:
Intent—2009 c 264: "It is the intent of the legislature to enter into the agreement among the states to elect the president by national popular vote. This agreement is a contract between the member states. As a contract, this agreement is governed by the legal principles applicable to contracts. As with a contract, in order for this agreement to have the force of law in a jurisdiction that wishes to enter into the agreement, it must be accepted in precisely the same terms that constitute the offer. Any material variance between the offer and acceptance precludes the formation of a contract. Therefore, the agreement among the states to elect the president by national popular vote must be enacted by Washington under identical terms as contained in the agreement and as enacted by Hawaii, Illinois, Maryland, and New Jersey, subject to only nonmaterial changes." [ 2009 c 264 s 1.]
On the Tuesday after the first Monday of November in the year in which a president of the United States is to be elected, there shall be elected as many electors of president and vice president of the United States as there are senators and representatives in Congress allotted to this state.
[ 2003 c 111 s 1424; 1965 c 9 s 29.71.010. Prior: 1891 c 148 s 1; RRS s 5138. Formerly RCW 29.71.010. ]
(1) In the year in which a presidential election is held, each major political party and each minor political party or independent candidate convention that nominates candidates for president and vice president of the United States shall nominate presidential electors for this state. The party or convention shall file with the secretary of state a certificate signed by the presiding officer of the convention at which the presidential electors were chosen, listing the names and addresses of the presidential electors.
(2) The names of presidential electors shall not appear on the ballots. The votes cast for candidates for president and vice president of each political party shall be counted for the candidates for presidential electors of that political party; however, if the interstate compact entitled the "agreement among the states to elect the president by national popular vote," as set forth in RCW 29A.56.300, governs the appointment of the presidential electors for a presidential election as provided in clause 9 of Article III of that compact, then the final appointment of presidential electors for that presidential election shall be in accordance with that compact.
[ 2019 c 143 s 10; 2013 c 11 s 56; 2009 c 264 s 3; 2003 c 111 s 1425. Prior: 1990 c 59 s 69; 1977 ex.s. c 238 s 1; 1965 c 9 s 29.71.020; prior: 1935 c 20 s 1; RRS s 5138-1. Formerly RCW 29.71.020. ]
NOTES:
Short title—Uniformity of application and construction—2019 c 143: See notes following RCW 29A.56.080.
Intent—2009 c 264: See note following RCW 29A.56.300.
Intent—Effective date—1990 c 59: See notes following RCW 29A.04.013.
The electors of the president and vice president shall convene at the seat of government on the day fixed by federal statute, at the hour of twelve o'clock noon of that day.
[ 2019 c 143 s 11; 2003 c 111 s 1427; 1977 ex.s. c 238 s 2; 1965 c 9 s 29.71.040. Prior: 1909 c 22 s 1; 1891 c 148 s 3; RRS s 5140. Formerly RCW 29.71.040. ]
NOTES:
Short title—Uniformity of application and construction—2019 c 143: See notes following RCW 29A.56.080.
Every presidential elector who attends at the time and place appointed, and gives his or her vote for president and vice president consistent with his or her pledge under RCW 29A.56.084 or 29A.56.088(3), is entitled to receive from this state a subsistence allowance and travel expenses pursuant to RCW 43.03.050 and 43.03.060 for each day's attendance at the meeting of the college of electors.
[ 2019 c 143 s 12; 2013 c 38 s 1; 2003 c 111 s 1428; 1965 c 9 s 29.71.050. Prior: 1891 c 148 s 4; RRS s 5141. Formerly RCW 29.71.050. ]
NOTES:
Short title—Uniformity of application and construction—2019 c 143: See notes following RCW 29A.56.080.
In a year in which the president and vice president of the United States are to be elected, the secretary of state shall include in the certification prepared under RCW 29A.52.321 the names of all candidates for president and vice president who, no later than the third Tuesday of August, have certified a slate of electors to the secretary of state under RCW 29A.56.320 and have been nominated either (1) by a major political party, as certified by the appropriate authority under party rules, or (2) by a minor party or as independent candidates. Major or minor political parties or independent presidential candidates may substitute a different candidate for vice president for the one whose name appears on the party's certification or nominating petition at any time before seventy-five days before the general election, by certifying the change to the secretary of state. Substitutions must not be permitted to delay the printing of either ballots or a voters' pamphlet. Substitutions are valid only if submitted under oath and signed by the same individual who originally certified the nomination, or his or her documented successor, and only if the substitute candidate consents in writing.
[ 2013 c 11 s 57; 2003 c 111 s 1429. Prior: 2001 c 30 s 1. Formerly RCW 29.27.140. ]
Within thirty days after the state is officially notified that the Congress of the United States has submitted to the several states a proposed amendment to the Constitution of the United States to be ratified or rejected by a convention, the governor shall issue a proclamation fixing the time and place for holding the convention and fixing the time for holding an election to elect delegates to the convention.
[ 2003 c 111 s 1430; 1965 c 9 s 29.74.010. Prior: 1933 c 181 s 1, part; RRS s 5249-1, part. Formerly RCW 29.74.010. ]
The proclamation shall be published once each week for two successive weeks in one newspaper published and of general circulation in each of the congressional districts of the state. The first publication of the proclamation shall be within thirty days of the receipt of official notice by the state of the submission of the amendment.
[ 2003 c 111 s 1431. Prior: 1965 c 9 s 29.74.020; prior: 1933 c 181 s 1, part; RRS s 5249-1, part. Formerly RCW 29.74.020. ]
The date for holding the election of delegates must be not less than one month nor more than six weeks before the date of holding the convention. If a general election is to be held not more than six months nor less than three months from the date of official notice of submission to the state of the proposed amendment, the governor must fix the date of the general election as the date for the election of delegates to the convention.
[ 2003 c 111 s 1432; 1965 c 9 s 29.74.030. Prior: (i) 1933 c 181 s 1, part; RRS s 5249-1, part. (ii) 1933 c 181 s 9; RRS s 5249-9. Formerly RCW 29.74.030. ]
The convention shall be held not less than five nor more than eight months from the date of the first publication of the proclamation provided for in RCW 29A.56.420. It shall be held in the chambers of the state house of representatives unless the governor shall select some other place at the state capitol.
[ 2003 c 111 s 1433. Prior: 1965 c 9 s 29.74.040; prior: 1933 c 181 s 1, part; RRS s 5249-1, part. Formerly RCW 29.74.040. ]
Each state representative district shall be entitled to as many delegates in the convention as it has members in the house of representatives of the state legislature. No person shall be qualified to act as a delegate in said convention who does not possess the qualifications required of representatives in the state legislature from the same district.
[ 2003 c 111 s 1434. Prior: 1965 c 9 s 29.74.050; prior: 1933 c 181 s 2; RRS s 5249-2. Formerly RCW 29.74.050. ]
NOTES:
Qualifications of legislators: State Constitution Art. 2 s 7.
Anyone desiring to file as a candidate for election as a delegate to the convention shall, not less than thirty nor more than sixty days before the date fixed for holding the election, file a declaration of candidacy with the secretary of state. Filing must be made on a form to be prescribed by the secretary of state and include a sworn statement of the candidate as being either for or against the amendment that will be submitted to a vote of the convention and that the candidate will, if elected as a delegate, vote in accordance with the declaration. The form must be so worded that the candidate must give a plain unequivocal statement of his or her views as either for or against the proposal upon which he or she will, if elected, be called upon to vote. No candidate may in any such filing make any statement or declaration as to party politics or political faith or beliefs. The fee for filing as a candidate is ten dollars and must be transmitted to the secretary of state with the filing papers and be by the secretary of state transmitted to the state treasurer for the use of the general fund.
[ 2003 c 111 s 1435; 1965 c 9 s 29.74.060. Prior: 1933 c 181 s 3; RRS s 5249-3. Formerly RCW 29.74.060. ]
The election of delegates to the convention must as far as practicable, be administered, except as otherwise provided in this chapter, in the same manner as a general election under the election laws of this state.
[ 2003 c 111 s 1436; 1965 c 9 s 29.74.070. Prior: 1933 c 181 s 4, part; RRS s 5249-4, part. Formerly RCW 29.74.070. ]
The issue shall be identified as, "Delegates to a convention for ratification or rejection of a proposed amendment to the United States Constitution, relating . . . . . . . . . . . (stating briefly the substance of amendment proposed for adoption or rejection)." The names of all candidates who have filed in a district shall be printed on the ballots for that district in two separate groups under the headings, "For the amendment" and "Against the amendment." The names of the candidates in each group shall be printed in alphabetical order.
[ 2003 c 111 s 1437. Prior: 1990 c 59 s 70; 1965 c 9 s 29.74.080; prior: 1933 c 181 s 4, part; RRS s 5249-4, part. Formerly RCW 29.74.080. ]
NOTES:
Intent—Effective date—1990 c 59: See notes following RCW 29A.04.013.
Ballots: Chapter 29A.36 RCW.
The election officials shall count and determine the number of votes cast for each individual; and shall also count and determine the aggregate number of votes cast for all candidates whose names appear under each of the respective headings. Where more than the required number have been voted for, the ballot must be rejected. The vote must be canvassed in each county by the county canvassing board, and certificate of results must be transmitted to the secretary of state. Upon receiving the certificate, the secretary of state may require precinct returns from any county to be forwarded for the secretary's examination.
Where a district embraces precincts of more than one county, the secretary of state shall combine the votes from all the precincts included in each district. The delegates elected in each district will be the number of candidates corresponding to the number of state representatives from the district, who receive the highest number of votes in the group (either "for" or "against") that received an aggregate number of votes for all candidates in the group greater than the aggregate number of votes for all the candidates in the other group. The secretary of state shall issue certificates of election to the delegates so elected.
[ 2013 c 11 s 58; 2011 c 10 s 46; 2003 c 111 s 1438; 1965 c 9 s 29.74.100. Prior: 1933 c 181 s 6; RRS s 5249-6. Formerly RCW 29.74.100. ]
NOTES:
Notice to registered poll voters—Elections by mail—2011 c 10: See note following RCW 29A.04.008.
The convention shall meet at the time and place fixed in the governor's proclamation. The secretary of state shall call it to order, who shall then call the roll of the delegates and preside over the convention until its president is elected. The chief justice of the supreme court shall administer the oath of office to the delegates. As far as practicable, the convention shall proceed under the rules adopted by the last preceding session of the state senate. The convention shall elect a president and a secretary and shall thereafter and thereupon proceed with a publicly recorded voice vote upon the proposition submitted by the Congress of the United States.
[ 2003 c 111 s 1439; 1965 c 9 s 29.74.110. Prior: 1933 c 181 s 7, part; RRS s 5249-7, part. Formerly RCW 29.74.110. ]
Two-thirds of the elected members of said convention shall constitute a quorum to do business, and a majority of those elected shall be sufficient to adopt or reject any proposition coming before the convention. If such majority votes in favor of the ratification of the amendment submitted to the convention, the said amendment shall be deemed ratified by the state of Washington; and if a majority votes in favor of rejecting or not ratifying the amendment, the same shall be deemed rejected by the state of Washington.
[ 2003 c 111 s 1440. Prior: 1965 c 9 s 29.74.120; prior: 1933 c 181 s 8, part; RRS s 5249-8, part. Formerly RCW 29.74.120. ]
The vote of each member shall be recorded in the journal of the convention, which shall be preserved by the secretary of state as a public document. The action of the convention shall be enrolled, signed by its president and secretary and filed with the secretary of state and it shall be the duty of the secretary of state to properly certify the action of the convention to the Congress of the United States as provided by general law.
[ 2003 c 111 s 1441; 1965 c 9 s 29.74.130. Prior: (i) 1933 c 181 s 7, part; RRS s 5249-7, part. (ii) 1933 c 181 s 8, part; RRS s 5249-8, part. Formerly RCW 29.74.130. ]
The delegates attending the convention shall be paid the amount of their filing fee, upon vouchers approved by the president and secretary of the convention and state warrants issued thereon and payable from the general fund of the state treasury. The delegates shall receive no other compensation or mileage. All other necessary expenses of the convention shall be payable from the general fund of the state upon vouchers approved by the president and secretary of the convention.
[ 2003 c 111 s 1442. Prior: 1965 c 9 s 29.74.140; prior: 1933 c 181 s 10; RRS s 5249-10. Formerly RCW 29.74.140. ]
If a congressional measure, which submits to the several states an amendment to the Constitution of the United States for ratification or rejection, provides for or requires a different method of calling and holding conventions to ratify or reject said amendment, the requirements of said congressional measure shall be followed so far as they conflict with the provisions of this chapter.
[ 2003 c 111 s 1443. Prior: 1965 c 9 s 29.74.150; prior: 1933 c 181 s 11; RRS s 5249-11. Formerly RCW 29.74.150. ]
A "convention" for the purposes of this chapter , is an organized assemblage of registered voters representing an independent candidate or candidates or a new or minor political party, organization, or principle.
[ 2013 c 11 s 26; 2004 c 271 s 188. Formerly RCW 29A.20.111. ]
Nominations of candidates for president and vice president of the United States, other than by a major political party, may be made at a convention conducted not earlier than the first Saturday in May and not later than the fourth Saturday in July in the year that president and vice president appear on the general election ballot. A minor political party may hold more than one convention but in no case shall any such party nominate more than one candidate for president or more than one candidate for vice president. To be valid, a convention must be attended by at least one hundred registered voters, but a minor party or independent candidate holding multiple conventions may add together the number of signatures of different individuals from each convention in order to obtain and submit to the secretary of state the signatures of at least one thousand registered voters of the state of Washington.
[ 2013 c 11 s 27; 2006 c 344 s 4; 2004 c 271 s 110. Formerly RCW 29A.20.121. ]
NOTES:
Effective date—2006 c 344 ss 1-16 and 18-40: See note following RCW 29A.04.311.
Each minor party or independent candidate must publish a notice in a newspaper of general circulation within the county in which the party or the candidate intends to hold a convention. The notice must appear at least ten days before the convention is to be held, and shall state the date, time, and place of the convention. Additionally, it shall include the mailing address of the person or organization sponsoring the convention.
[ 2004 c 271 s 189. Formerly RCW 29A.20.131. ]
A nominating petition submitted under this chapter shall clearly identify the name of the minor party or independent candidate convention as it appears on the certificate of nomination as required by *RCW 29A.20.161(3). The petition shall also contain a statement that the person signing the petition is a registered voter of the state of Washington and shall have a space for the voter to sign his or her name and to print his or her name and address. No person may sign more than one nominating petition under this chapter for an office for an election.
[ 2004 c 271 s 112. Formerly RCW 29A.20.151. ]
NOTES:
*Reviser's note: RCW 29A.20.161 was recodified as RCW 29A.56.640 pursuant to 2013 c 11 s 93.
A certificate evidencing nominations made at a convention must:
(1) Be in writing;
(2) Contain the name of each person nominated, his or her residence, the office for which he or she is named, and a sworn statement from both nominees giving their consent to the nomination;
(3) Identify the minor political party or the independent candidate on whose behalf the convention was held;
(4) Be verified by the oath of the presiding officer and secretary;
(5) Be accompanied by a nominating petition or petitions bearing the signatures and addresses of at least one thousand registered voters of the state of Washington;
(6) Contain proof of publication of the notice of calling the convention; and
(7) Be submitted to the secretary of state not later than the first Friday of August.
[ 2013 c 11 s 28; 2004 c 271 s 154. Formerly RCW 29A.20.161. ]
(1) If two or more valid certificates of nomination are filed purporting to nominate different candidates for the same position using the same party name, the filing officer must give effect to both certificates. If conflicting claims to the party name are not resolved either by mutual agreement or by a judicial determination of the right to the name, the candidates must be treated as independent candidates. Disputes over the right to the name must not be permitted to delay the printing of either ballots or a voters' pamphlet. Other candidates nominated by the same conventions may continue to use the partisan affiliation unless a court of competent jurisdiction directs otherwise.
(2) A person affected may petition the superior court of the county in which the filing officer is located for a judicial determination of the right to the name of a minor political party, either before or after documents are filed with the filing officer. The court shall resolve the conflict between competing claims to the use of the same party name according to the following principles: (a) The prior established public use of the name during previous elections by a party composed of or led by the same individuals or individuals in documented succession; (b) prior established public use of the name earlier in the same election cycle; (c) the nomination of a more complete slate of candidates for a number of offices or in a number of different regions of the state; (d) documented affiliation with a national or statewide party organization with an established use of the name; (e) the first date of filing of a certificate of nomination; and (f) such other indicia of an established right to use of the name as the court may deem relevant. If more than one filing officer is involved, and one of them is the secretary of state, the petition must be filed in the superior court for Thurston county. Upon resolving the conflict between competing claims, the court may also address any ballot designation for the candidate who does not prevail.
[ 2004 c 271 s 155. Formerly RCW 29A.20.171. ]
A minor political party or independent candidate convention nominating candidates for the offices of president and vice president of the United States shall, not later than ten days after the adjournment of the convention, submit a list of presidential electors to the office of the secretary of state. The list shall contain the names and the mailing addresses of the persons selected and shall be verified by the presiding officer of the convention.
[ 2004 c 271 s 156. Formerly RCW 29A.20.181. ]
Upon the receipt of the certificate of nomination, the secretary of state shall check the certificate and canvass the signatures on the accompanying nominating petitions to determine if the requirements of RCW 29A.56.640 have been met. Once the determination has been made, the secretary of state shall notify the presiding officer of the convention and any other persons requesting the notification , of his or her decision regarding the sufficiency of the certificate or the nominating petitions. Any appeal regarding the secretary's determination must be filed with the superior court of Thurston county not later than five days from the date the determination is made, and shall be heard and finally disposed of by the court within five days of the filing. Nominating petitions shall not be available for public inspection or copying.
[ 2013 c 11 s 29; 2004 c 271 s 157. Formerly RCW 29A.20.191. ]
All elections, whether special or general, held under RCW 29A.04.321 and 29A.04.330 must be conducted by the county auditor as ex officio county supervisor of elections and, except as provided in RCW 29A.60.240, the returns canvassed by the county canvassing board.
[ 2013 c 11 s 59; 2003 c 111 s 1501; 1965 c 123 s 4; 1965 c 9 s 29.13.040. Prior: 1963 c 200 s 6; 1955 c 55 s 3; 1951 c 257 s 4; 1951 c 101 s 4; 1949 c 161 s 5; Rem. Supp. 1949 s 5153-1. Formerly RCW 29.13.040. ]
(1) For any office, except precinct committee officer, at any election or primary, any voter may write in on the ballot the name of any person for an office. Votes must be individually tallied for a candidate who has filed as a write-in candidate for the office in the manner provided by RCW 29A.24.311 as long as the requirements of subsection (6), (7), or (8) of this section are met. No write-in vote for a declared write-in candidate may be rejected due to variation in the form of the name if the canvassing board can determine the person and office for which the voter intended to vote.
(2) The total number of write-in votes cast for each office must be recorded and reported with the canvass for the election.
(3) A write-in vote for an individual candidate for an office whose name is printed on the ballot for that same office is a valid vote for that candidate as long as the candidate's name is clearly discernible, even if the voter also marked a vote for that candidate such as to otherwise register an overvote.
(4) Write-in votes cast for an individual candidate for an office whose name does not appear on the ballot need not be individually tallied unless the candidate has filed a timely declaration of write-in candidacy.
(5) In the case of write-in candidates for a statewide office or any office whose jurisdiction encompasses more than one county, write-in votes for an individual candidate must be tallied when the county auditor is notified by the filing officer for that office that a candidate has filed a timely declaration of write-in candidacy. In all other cases, the county auditor determines, in accordance with this section, whether a candidate has filed a timely declaration of write-in candidacy and thus, write-in votes must be individually tallied. The county canvassing board must certify write-in votes including the vote total received by a candidate that has filed a timely declaration of write-in candidacy if the requirements of subsection (6), (7), or (8) of this section are met. Final results must consolidate the vote total associated with each candidate after the canvassing board has reconciled any variation in the spelling of names for those candidates.
(6) In a primary, if the name of only a single candidate appears on the ballot for an office, and the total number of write-in votes cast for that office exceeds one percent of the total number of votes cast for that office, the individual write-in votes for each candidate who has filed a timely declaration of write-in candidacy must be canvassed and reported. Otherwise, individual tallying of write-in votes is not required.
(7) In a primary, if two or more candidates appear on the ballot for an office and the total number of write-in votes cast for that office exceeds the number of votes cast for the candidate with the second highest number of votes, then the individual write-in votes for each candidate who has filed a timely declaration of write-in candidacy must be canvassed and reported. Otherwise, individual tallying of write-in votes is not required.
(8) In a general election, if the total number of write-in votes cast for an office exceeds the number of votes cast for the candidate apparently elected to that office, then the individual write-in votes for each candidate who has filed a timely declaration of write-in candidacy must be canvassed and reported. Otherwise, individual tallying of write-in votes is not required.
[ 2018 c 187 s 3; 2012 c 89 s 4; 2005 c 243 s 12; 2004 c 271 s 147. ]
NOTES:
Intent—Finding—Effective date—2012 c 89: See notes following RCW 29A.24.311.
A ballot is invalid and no votes on that ballot may be counted if it is found folded together with another ballot.
Those parts of a ballot are invalid and no votes may be counted for those issues or offices where more votes are cast for the office or issue than are permitted by law; write-in votes do not contain all of the information required under RCW 29A.60.021; or that issue or office is not marked with sufficient definiteness to determine the voter's choice or intention. No write-in vote may be rejected due to a variation in the form of the name if the canvassing board can determine the issue for or against which or the person and the office for which the voter intended to vote.
[ 2011 c 10 s 47; 2009 c 414 s 2; 2003 c 111 s 1504. Prior: 1999 c 158 s 13; 1999 c 157 s 4; 1990 c 59 s 56; 1977 ex.s. c 361 s 88; 1973 1st ex.s. c 121 s 2; 1965 ex.s. c 101 s 11; 1965 c 9 s 29.54.050; prior: (i) Code 1881 s 3091; 1865 p 38 s 2; RRS s 5336. (ii) 1895 c 156 s 10; 1889 p 411 s 29; RRS s 5294. (iii) 1905 c 39 s 1, part; 1889 p 405 s 15, part; RRS s 5272, part. (iv) 1895 c 156 s 11, part; 1886 p 128 s 1, part; Code 1881 s 3079, part; 1865 p 34 s 4, part; RRS s 5323, part. Formerly RCW 29.54.050. ]
NOTES:
Notice to registered poll voters—Elections by mail—2011 c 10: See note following RCW 29A.04.008.
Intent—Effective date—1990 c 59: See notes following RCW 29A.04.013.
Effective date—Severability—1977 ex.s. c 361: See notes following RCW 29A.16.040.
Whenever the counting center personnel have a question about the validity of a ballot or the votes for an office or issue that they are unable to resolve, they shall prepare and sign a concise record of the facts in question or dispute. These ballots shall be delivered to the canvassing board for processing. A ballot is not considered rejected until the canvassing board has rejected the ballot individually, or the ballot was included in a batch or on a report of ballots that was rejected in its entirety by the canvassing board. All ballots shall be preserved in the same manner as valid ballots for that primary or election.
[ 2011 c 10 s 48; 2005 c 243 s 13; 2003 c 111 s 1505. Prior: 1990 c 59 s 57; 1977 ex.s. c 361 s 89; 1965 c 9 s 29.54.060; prior: Code 1881 s 3080, part; 1865 p 34 s 5, part; RRS s 5324, part. Formerly RCW 29.54.060. ]
NOTES:
Notice to registered poll voters—Elections by mail—2011 c 10: See note following RCW 29A.04.008.
Intent—Effective date—1990 c 59: See notes following RCW 29A.04.013.
Effective date—Severability—1977 ex.s. c 361: See notes following RCW 29A.16.040.
After the close of voting at 8:00 p.m., the county auditor must directly load the results from any direct recording electronic memory pack into the central accumulator.
[ 2013 c 11 s 60; 2011 c 10 s 49; 2003 c 111 s 1506. Prior: 1999 c 158 s 12. Formerly RCW 29.54.097. ]
NOTES:
Notice to registered poll voters—Elections by mail—2011 c 10: See note following RCW 29A.04.008.
The county auditor shall produce cumulative and precinct returns for each primary and election and deliver them to the canvassing board for verification and certification. The precinct and cumulative returns of any primary or election are public records under chapter 42.56 RCW.
Cumulative returns for state offices, judicial offices, the United States senate, and congress must be electronically transmitted to the secretary of state immediately.
[ 2005 c 274 s 249; 2005 c 243 s 14; 2003 c 111 s 1507. Prior: 1990 c 59 s 60. Formerly RCW 29.54.105. ]
NOTES:
Reviser's note: This section was amended by 2005 c 243 s 14 and by 2005 c 274 s 249, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Intent—Effective date—1990 c 59: See notes following RCW 29A.04.013.
In counties using voting systems, the county auditor shall maintain the following documents for at least sixty days after the primary or election:
(1) Sample ballot formats together with a record of the format or formats assigned to each precinct;
(2) All programming material related to the control of the vote tallying system for that primary or election; and
(3) All test materials used to verify the accuracy of the tabulating equipment as required by RCW 29A.12.130.
[ 2003 c 111 s 1509. Prior: 1990 c 59 s 61; 1977 ex.s. c 361 s 94. Formerly RCW 29.54.170. ]
NOTES:
Intent—Effective date—1990 c 59: See notes following RCW 29A.04.013.
Effective date—Severability—1977 ex.s. c 361: See notes following RCW 29A.16.040.
(1) The electronic record produced and counted by electronic voting devices is the official record of each vote for election purposes. The paper record produced under RCW 29A.12.085 must be stored and maintained for use only in the following circumstances:
(a) In the event of a manual recount;
(b) By order of the county canvassing board;
(c) By order of a court of competent jurisdiction; or
(d) For use in the random audit of results described in RCW 29A.60.185.
(2) When such paper record is used in any of the circumstances listed in subsection (1) of this section, it shall be the official record of the election.
[ 2005 c 242 s 3. ]
NOTES:
Required: RCW 29A.12.085.
Unauthorized removal of paper record from voting center: RCW 29A.84.545.
Votes cast by stickers or printed labels are not valid for any purpose and shall be rejected. Votes cast by sticker or label shall not affect the validity of other offices or issues on the voter's ballot.
[ 2003 c 111 s 1510. Prior: 1990 c 59 s 46; 1965 ex.s. c 101 s 16. Formerly RCW 29.51.175. ]
NOTES:
Intent—Effective date—1990 c 59: See notes following RCW 29A.04.013.
(1) Immediately after their tabulation, all ballots counted at a ballot counting center must be sealed in containers that identify the primary or election and be retained for at least sixty days or according to federal law, whichever is longer.
(2) In the presence of major party observers who are available, ballots may be removed from the sealed containers at the elections department and consolidated into one sealed container for storage purposes. The containers may only be opened by the canvassing board as part of the canvass, to conduct recounts, to conduct a random check under RCW 29A.60.170, to conduct an audit under RCW 29A.60.185, or by order of the superior court in a contest or election dispute. If the canvassing board opens a ballot container, it shall make a full record of the additional tabulation or examination made of the ballots. This record must be added to any other record of the canvassing process in that county.
[ 2018 c 218 s 4; 2013 c 11 s 61; 2011 c 10 s 50; 2003 c 111 s 1511; 1999 c 158 s 14; 1990 c 59 s 59. Formerly RCW 29.54.075. ]
NOTES:
Intent—2018 c 218: See note following RCW 29A.60.185.
Notice to registered poll voters—Elections by mail—2011 c 10: See note following RCW 29A.04.008.
Intent—Effective date—1990 c 59: See notes following RCW 29A.04.013.
(1) All voted ballots must be manually inspected for damage, write-in votes, and incorrect or incomplete marks. If it is found that any ballot is damaged so that it cannot properly be counted by the vote tallying system, a true duplicate copy must be made of the damaged ballot in the presence of witnesses and substituted for the damaged ballot. All damaged ballots must be kept by the county auditor until sixty days after the primary or election or according to federal law, whichever is longer.
(2) The returns produced by the vote tallying system, to which have been added the counts of questioned ballots, and write-in votes, constitute the official returns of the primary or election in that county.
[ 2011 c 10 s 51; 2003 c 111 s 1512; 1999 c 158 s 15; 1990 c 59 s 33; 1977 ex.s. c 361 s 74. Formerly RCW 29.54.085, 29.34.167. ]
NOTES:
Notice to registered poll voters—Elections by mail—2011 c 10: See note following RCW 29A.04.008.
Intent—Effective date—1990 c 59: See notes following RCW 29A.04.013.
Effective date—Severability—1977 ex.s. c 361: See notes following RCW 29A.16.040.
If inspection of the ballot reveals a physically damaged ballot or ballot that may be otherwise unreadable or uncountable by the tabulating system, the county auditor may refer the ballot to the county canvassing board or duplicate the ballot if so authorized by the county canvassing board. The voter's original ballot may not be altered. A ballot may be duplicated only if the intent of the voter's marks on the ballot is clear and the electronic voting equipment might not otherwise properly tally the ballot to reflect the intent of the voter. Ballots must be duplicated by teams of two or more people working together. When duplicating ballots, the county auditor shall take the following steps to create and maintain an audit trail of the action taken:
(1) Each original ballot and duplicate ballot must be assigned the same unique control number, with the number being marked upon the face of each ballot, to ensure that each duplicate ballot may be tied back to the original ballot;
(2) A log must be kept of the ballots duplicated, which must at least include:
(a) The control number of each original ballot and the corresponding duplicate ballot;
(b) The initials of at least two people who participated in the duplication of each ballot; and
(c) The total number of ballots duplicated.
Original and duplicate ballots must be sealed in secure storage at all times, except during duplication, inspection by the canvassing board, tabulation, or to conduct an audit under RCW 29A.60.185.
[ 2018 c 218 s 8; 2005 c 243 s 10. ]
NOTES:
Intent—2018 c 218: See note following RCW 29A.60.185.
No certificate shall be withheld on account of any defect or informality in the returns of any election, if it can with reasonable certainty be ascertained from such return what office is intended, and who is entitled to such certificate, nor shall any commission be withheld by the governor on account of any defect or informality of any return made to the office of the secretary of state.
[ 2003 c 111 s 1513. Prior: 1965 c 9 s 29.27.120; prior: Code 1881 s 3102; 1865 p 41 s 13; RRS s 5347. Formerly RCW 29.27.120. ]
(1) Members of the county canvassing board are the county auditor, who is the chair, the county prosecuting attorney, and the chair of the county legislative body. If a member of the board is not available to carry out the duties of the board, then the auditor may designate a deputy auditor, the prosecutor may designate a deputy prosecuting attorney, and the chair of the county legislative body may designate another member of the county legislative body or, in a county with a population over one million, an employee of the legislative body who reports directly to the chair. An "employee of the legislative body" means an individual who serves in any of the following positions: Chief of staff; legal counsel; clerk of the council; policy staff director; and any successor positions to these positions should these original positions be changed. Any such designation may be made on an election-by-election basis or may be on a permanent basis until revoked by the designating authority. Any such designation must be in writing, and if for a specific election, must be filed with the county auditor not later than the day before the first day duties are to be undertaken by the canvassing board. If the designation is permanent until revoked by the designating authority, then the designation must be on file in the county auditor's office no later than the day before the first day the designee is to undertake the duties of the canvassing board. Members of the county canvassing board designated by the county auditor, county prosecuting attorney, or chair of the county legislative body shall complete training as provided in RCW 29A.04.540 and shall take an oath of office similar to that taken by county auditors and deputy auditors in the performance of their duties.
(2) The county canvassing board may adopt rules that delegate in writing to the county auditor or the county auditor's staff the performance of any task assigned by law to the canvassing board.
(3) The county canvassing board may not delegate the responsibility of certifying the returns of a primary or election, of determining the validity of challenged ballots, or of determining the validity of provisional ballots referred to the board by the county auditor.
(4) The county canvassing board shall adopt administrative rules to facilitate and govern the canvassing process in that jurisdiction.
(5) Meetings of the county canvassing board are public meetings under chapter 42.30 RCW. Meetings must be conducted at times and locations that are accessible to the public to ensure that the public is informed and able to attend or observe. The time and location of county canvassing board meetings must be published in accordance with chapter 42.30 RCW. All rules adopted by the county canvassing board must be adopted in a public meeting under chapter 42.30 RCW, and once adopted must be available to the public to review and copy under chapter 42.56 RCW.
[ 2024 c 269 s 9; 2008 c 308 s 1; 2005 c 274 s 250; 2003 c 111 s 1514. ]
The members of the county canvassing board may not include individuals who are candidates for an office to be voted upon at the primary or election. If no individual is available to serve on the canvassing board who is not a candidate at the primary or election the individual who is a candidate must not make decisions regarding the determination of a voter's intent with respect to a vote cast for that specific office; the decision must be made by the other two members of the board. If the two disagree, the vote must not be counted unless the number of those votes could affect the result of the primary or election, in which case the secretary of state or a designee shall make the decision on those votes. This section does not restrict participation in decisions as to the acceptance or rejection of entire ballots, unless the office in question is the only one for which the voter cast a vote.
[ 2003 c 111 s 1515; 1995 c 139 s 3; 1965 c 9 s 29.62.030. Prior: 1957 c 195 s 16; prior: (i) Code 1881 s 3098; 1865 p 39 s 8; RRS s 5345. (ii) 1919 c 163 s 21, part; Code 1881 s 3095, part; 1868 p 20 s 1, part; 1865 p 39 s 6, part; RRS s 5340, part. Formerly RCW 29.62.030. ]
(1) The county auditor, as delegated by the county canvassing board, shall process ballots and canvass the votes cast at that primary or election on a daily basis in counties with a population of seventy-five thousand or more, or at least every third day for counties with a population of less than seventy-five thousand, if the county auditor is in possession of more than five hundred ballots that have yet to be canvassed.
(2) Saturdays, Sundays, and legal holidays are not counted for purposes of this section.
(3) In order to protect the secrecy of a ballot, the county auditor may use discretion to decide when to process ballots and canvass the votes.
(4) Tabulation results must be made available to the public immediately upon completion of the canvass. Records of ballots counted must be made available to the public at the end of each day that the county auditor has processed ballots during and after an election.
[ 2016 c 134 s 2; 2013 c 11 s 62; 2011 c 10 s 53; (2011 c 10 s 52 expired July 1, 2013); 2007 c 373 s 2; (2007 c 373 s 1 expired July 1, 2013). Prior: 2005 c 243 s 15; (2005 c 153 s 11 expired July 1, 2013); 2003 c 111 s 1516; 1999 c 259 s 4; 1995 c 139 s 2; 1987 c 54 s 2; 1965 c 9 s 29.62.020; prior: 1957 c 195 s 15; prior: 1919 c 163 s 21, part; Code 1881 s 3095, part; 1868 p 20 s 1, part; 1865 p 39 s 6, part; RRS s 5340, part. Formerly RCW 29.62.020. ]
NOTES:
Effective date—2011 c 10 ss 53 and 58: "Sections 53 and 58 of this act take effect July 1, 2013." [ 2011 c 10 s 88.]
Expiration date—2011 c 10 ss 52 and 57: "Sections 52 and 57 of this act expire July 1, 2013." [ 2011 c 10 s 89.]
Notice to registered poll voters—Elections by mail—2011 c 10: See note following RCW 29A.04.008.
Effective date—2007 c 373 s 2: "Section 2 of this act takes effect July 1, 2013." [ 2007 c 373 s 5.]
Expiration date—2007 c 373 s 1: "Section 1 of this act expires July 1, 2013." [ 2007 c 373 s 4.]
Expiration date—2005 c 153 ss 11 and 12: "Sections 11 and 12 of this act expire July 1, 2013." [ 2005 c 153 s 14.]
Absentee ballots, canvassing: RCW 29A.40.110.
(1) If the voter neglects to sign the ballot declaration, the auditor shall notify the voter by first-class mail and, if the auditor has a telephone number or email address on file for a voter, by telephone, text message, or email, and advise the voter both that their ballot is unsigned and of the correct procedures for completing the unsigned declaration. If the ballot is received within five business days of the final meeting of the canvassing board, or the voter has been notified by first-class mail and has not responded at least five business days before the final meeting of the canvassing board, then the auditor shall attempt to notify the voter by telephone, using the voter registration record information.
(2)(a) If the handwriting of the signature on a ballot declaration is not the same as the handwriting of the signature on the registration file, the auditor shall notify the voter by first-class mail, and, if the auditor has a telephone number or email address on file for a voter, by telephone, text message, or email, enclosing a copy of the declaration if notified by first-class mail or email, and advise the voter both that the signature on the ballot declaration does not match the signature on file and of the correct procedures for updating his or her signature on the voter registration file. If the ballot is received within five business days of the final meeting of the canvassing board, or the voter has been notified by first-class mail and has not responded at least five business days before the final meeting of the canvassing board, then the auditor shall attempt to notify the voter by telephone, text message, or email, using the voter registration record information.
(b) If the signature on a ballot declaration is not the same as the signature on the registration file because the voter's name has changed, the ballot may be counted as long as the handwriting is clearly the same. The auditor shall send the voter a change-of-name form under RCW 29A.08.440 and direct the voter to complete the form.
(c) If the signature on a ballot declaration is not the same as the signature on the registration file because the voter used initials or a common nickname, the ballot may be counted as long as the surname and handwriting are clearly the same.
(3) If the auditor calls a voter who neglected to sign the ballot declaration or whose signature on the ballot declaration does not match the signature in the registration file and the voter does not answer, but voice mail is available, the auditor shall leave a voice mail message.
(4) An auditor who provides electronic means for submission of a ballot declaration signature shall establish appropriate privacy and security protocols that ensure that the information transmitted is received directly and securely by the auditor and is only used for the stated purposes of verifying the signature on the voter's ballot.
(5) If a voter's ballot is rejected in two consecutive primary or general elections due to a mismatched signature, the auditor must contact the voter by telephone, text message, or email, if the auditor has a telephone number or email address on file for the voter, and request that the voter update their signature for the voter's registration file.
(6) A voter may not cure a missing or mismatched signature for purposes of counting the ballot in a recount.
(7) A record must be kept of all ballots with missing and mismatched signatures. The record must contain the date on which the voter was contacted or the notice was mailed, as well as the date on which the voter submitted updated information. The record must be updated each day that ballots are processed under RCW 29A.60.160, each time a voter was contacted or the notice was mailed, and when the voter submitted updated information. The auditor shall send the record, and any updated records, to the secretary of state no later than forty-eight hours after the record is created or updated. The secretary of state shall make all records publicly available no later than twenty-four hours after receiving the record.
[ 2024 c 269 s 1; 2019 c 167 s 1; 2013 c 11 s 63; 2011 c 10 s 54. Prior: 2006 c 209 s 4; 2006 c 208 s 1; 2005 c 243 s 8. ]
NOTES:
Notice to registered poll voters—Elections by mail—2011 c 10: See note following RCW 29A.04.008.
(1) The secretary of state shall:
(a) Adopt and regularly review statewide standards for determining whether the voter's signature on the ballot declaration is the same as the signature of that voter in the county's registration files as required by RCW 29A.40.110(3);
(b) Adopt, publish, and regularly update a training manual, reviewed by appropriate experts, for the use of local election personnel in implementing the standards adopted under (a) of this subsection; and
(c) Design and implement tools intended to confirm compliance with these standards. These tools shall be available to county auditors for compliance, and may include comparisons, at random intervals, of whether rejections of signatures on ballot declarations for failure to match the voter's signature in the county's registration files comply with the standards adopted under (a) of this subsection.
(2) All training materials for canvassing review board members and election personnel on the statewide standards for signature verification established in this section must be open to the public for observation.
[ 2024 c 269 s 3. ]
The secretary of state shall design forms for voters to use in completing incomplete ballot declarations and forms to be used by voters in updating a voter's signature in the county's registration files in the various languages required of state agencies. The forms must include the oath and warning language used on voter registration forms. Each county auditor shall provide these forms on the auditor's website and in the auditor's office.
[ 2024 c 269 s 4. ]
(1) Each county auditor shall develop a community outreach plan to educate voters about signature verification requirements and the importance of ballot signatures matching signatures in voter registration files. The outreach plan shall include materials for publication on the county auditor's website and distribution in communities throughout the county that clearly explain signature verification requirements and the process of updating signatures in voter registration files or curing challenged ballots under RCW 29A.60.165. Materials prepared under the outreach plan should be written clearly and in plain language. Materials must be produced in English, Spanish, and any other language required by the federal voting rights act. Materials prepared as part of the outreach plan should be informed by the data collected in the survey required by RCW 29A.60.300 and should target groups with higher rates of ballot rejection. The secretary of state may assist in preparation of materials for a county's outreach plan, including coordinating between multiple counties and providing information about statewide requirements.
(2) County auditors are encouraged to establish partnerships with trusted community organizations as part of the community outreach plan to maximize resources.
[ 2024 c 269 s 5. ]
(1) At least twenty-eight days prior to any special election, general election, or primary, the county auditor shall request from the chair of the county central committee of each major political party a list of individuals who are willing to serve as observers. The county auditor has discretion to also request observers from any campaign or organization. The county auditor may delete from the lists names of those persons who indicate to the county auditor that they cannot or do not wish to serve as observers, and names of those persons who, in the judgment of the county auditor, lack the ability to properly serve as observers after training has been made available to them by the auditor.
(2) The counting center is under the direction of the county auditor and must be open to observation by one representative from each major political party, if representatives have been appointed by the respective major political parties and these representatives are present while the counting center is operating. The proceedings must be open to the public, but no persons except those employed and authorized by the county auditor may touch any ballot or ballot container or operate a vote tallying system.
(3) A random check of the ballot counting equipment must be conducted upon mutual agreement of the political party observers or at the discretion of the county auditor. The random check procedures must be adopted by the county canvassing board, and consistent with rules adopted under RCW 29A.60.185(4), prior to the processing of ballots. The random check process shall involve a comparison of a manual count or electronic count if an audit under RCW 29A.60.185(1)(d) is conducted to the machine count from the original ballot counting equipment and may involve up to either three precincts or six batches depending on the ballot counting procedures in place in the county. The random check will be limited to one office or issue on the ballots in the precincts or batches that are selected for the check. The selection of the precincts or batches to be checked must be selected according to procedures established by the county canvassing board. The random check procedures must include a process, consistent with RCW 29A.60.185(3) and rules adopted under RCW 29A.60.185(4), for expanding the audit to include additional ballots when a random check conducted under this section results in a discrepancy. The procedure must specify under what circumstances a discrepancy will lead to an audit of additional ballots and the method to determine how many additional ballots will be selected. Procedures adopted under RCW 29A.60.185 pertaining to investigations of any discrepancy found during an audit must be followed. The check must be completed no later than forty-eight hours after election day.
(4)(a) By November 1, 2018, the secretary of state shall:
(i) For each county, survey all random check procedures adopted by the county canvassing board under subsection (3) of this section; and
(ii) Evaluate the procedures to identify the best practices and any discrepancies.
(b) By December 15, 2018, the secretary of state shall submit a report, in compliance with RCW 43.01.036, to the appropriate committees of the legislature that provides recommendations, based on the evaluation performed under (a) of this subsection, for adopting best practices and uniform procedures.
[ 2018 c 218 s 3; 2011 c 10 s 55; 2007 c 373 s 3; 2003 c 111 s 1517; 1999 c 158 s 9; 1990 c 59 s 30; 1977 ex.s. c 361 s 71. Formerly RCW 29.54.025, 29.34.153. ]
NOTES:
Intent—2018 c 218: See note following RCW 29A.60.185.
Notice to registered poll voters—Elections by mail—2011 c 10: See note following RCW 29A.04.008.
Intent—Effective date—1990 c 59: See notes following RCW 29A.04.013.
Effective date—Severability—1977 ex.s. c 361: See notes following RCW 29A.16.040.
Each registered voter casting a valid ballot will be credited with voting on his or her voter registration record.
[ 2011 c 10 s 56; 2003 c 111 s 1518. Prior: 2001 c 241 s 12; 1988 c 181 s 3; 1987 c 346 s 16; 1983 c 136 s 1; 1965 c 9 s 29.36.075; prior: 1961 c 78 s 1. Formerly RCW 29.36.330, 29.36.075. ]
NOTES:
Notice to registered poll voters—Elections by mail—2011 c 10: See note following RCW 29A.04.008.
Legislative intent—Effective date—1987 c 346: See notes following RCW 29A.40.010.
(1) Prior to certification of the election as required by RCW 29A.60.190, the county auditor shall conduct an audit of duplicated ballots in accordance with subsection (2) of this section, and an audit using at minimum one of the following methods:
(a) An audit of results of votes cast on the direct recording electronic voting devices, or other in-person ballot marking systems, used in the county if there are races or issues with more than ten votes cast on all direct recording electronic voting devices or other in-person ballot marking systems in the county. This audit must be conducted by randomly selecting by lot up to four percent of the direct recording electronic voting devices or other in-person ballot marking systems, or one direct recording electronic voting device or other in-person ballot marking system, whichever is greater, and, for each device or system, comparing the results recorded electronically with the results recorded on paper. For purposes of this audit, the results recorded on paper must be tabulated as follows: On one-fourth of the devices or systems selected for audit, the paper records must be tabulated manually; on the remaining devices or systems, the paper records may be tabulated by a mechanical device determined by the secretary of state to be capable of accurately reading the votes cast and printed thereon and qualified for use in the state under applicable state and federal laws. Three races or issues, randomly selected by lot, must be audited on each device or system. This audit procedure must be subject to observation by political party representatives if representatives have been appointed and are present at the time of the audit. As used in this subsection, "in-person ballot marking system" or "system" means an in-person ballot marking system that retains or produces an electronic voting record of each vote cast using the system;
(b) A random check of the ballot counting equipment consistent with RCW 29A.60.170(3);
(c) A risk-limiting audit. A "risk-limiting audit" means an audit protocol that makes use of statistical principles and methods and is designed to limit the risk of certifying an incorrect election outcome. The secretary of state shall:
(i) Set the risk limit. A "risk limit" means the largest statistical probability that an incorrect reported tabulation outcome is not detected in a risk-limiting audit;
(ii) Randomly select for audit at least one statewide contest, and for each county at least one ballot contest other than the selected statewide contest. The county auditor shall randomly select a ballot contest for audit if in any particular election there is no statewide contest; and
(iii) Establish procedures for implementation of risk-limiting audits, including random selection of the audit sample, determination of audit size, and procedures for a comparison risk-limiting audit and ballot polling risk-limiting audit as defined in (c)(iii)(A) and (B) of this subsection.
(A) In a comparison risk-limiting audit, the county auditor compares the voter markings on randomly selected ballots to the ballot-level cast vote record produced by the ballot counting equipment.
(B) In a ballot polling risk-limiting audit, the county auditor of a county using ballot counting equipment that does not produce ballot-level cast vote records reports the voter markings on randomly selected ballots until the prespecified risk limit is met; or
(d) An independent electronic audit of the original ballot counting equipment used in the county. The county auditor may either conduct an audit of all ballots cast, or limit the audit to three precincts or six batches pursuant to procedures adopted under RCW 29A.60.170(3). This audit must be conducted using an independent electronic audit system that is, at minimum:
(i) Approved by the secretary of state;
(ii) Completely independent from all voting systems, including ballot counting equipment, that is used in the county;
(iii) Distributed or manufactured by a vendor different from the vendor that distributed or manufactured the original ballot counting equipment; and
(iv) Capable of demonstrating that it can verify and confirm the accuracy of the original ballot counting equipment's reported results.
(2) Prior to certification of the election, the county auditor must conduct an audit of ballots duplicated under RCW 29A.60.125. The audit of duplicated ballots must involve a comparison of the duplicated ballot to the original ballot. The county canvassing board must establish procedures for the auditing of duplicated ballots.
(3) For each audit method, the secretary of state must adopt procedures for expanding the audit to include additional ballots when an audit results in a discrepancy. The procedure must specify under what circumstances a discrepancy will lead to an audit of additional ballots, and the method to determine how many additional ballots will be selected. The secretary of state shall adopt procedures to investigate the cause of any discrepancy found during an audit.
(4) The secretary of state must establish rules by January 1, 2019, to implement and administer the auditing methods in this section, including facilitating public observation and reporting requirements.
[ 2018 c 218 s 2; 2005 c 242 s 5. ]
NOTES:
Intent—2018 c 218: "It is the intent of the legislature to ensure our elections have the utmost confidence of the citizens of the state. In order to ensure the integrity of the elections in Washington, the legislature wants to maximize the security benefits of having locally run, decentralized counting systems in our state, based in thirty-nine different counties. The legislature wants to maximize this locally run benefit by adding options to the auditing process for local elections administrators. Multiple jurisdictions, with multiple options for ensuring election outcomes will increase the transparency, integrity, and trust of our elections process." [ 2018 c 218 s 1.]
Ten days after a special election held in February or April, ten days after a presidential primary held pursuant to chapter 29A.56 RCW, fourteen days after a primary, or twenty-one days after a general election, the county canvassing board shall complete the canvass and certify the results. Each ballot that was returned before 8:00 p.m. on the day of the special election, general election, primary, or presidential primary, and each ballot bearing a postmark on or before the date of the special election, general election, primary, or presidential primary and received no later than the day before certification, must be included in the canvass report.
[ 2019 c 7 s 5; 2015 c 146 s 4. Prior: 2011 c 349 s 21; (2011 c 349 s 20 expired July 1, 2013); 2011 c 10 s 58; (2011 c 10 s 57 expired July 1, 2013); 2006 c 344 s 17; (2006 c 344 s 16 expired July 1, 2013); prior: 2005 c 243 s 16; (2005 c 153 s 12 expired July 1, 2013); 2004 c 266 s 18; 2003 c 111 s 1519. ]
NOTES:
Effective date—2011 c 349 s 21: "Section 21 of this act takes effect July 1, 2013." [ 2011 c 349 s 31.]
Expiration date—2011 c 349 s 20: "Section 20 of this act expires July 1, 2013." [ 2011 c 349 s 32.]
Effective date—2011 c 349: See note following RCW 29A.04.255.
Effective date—2011 c 10 ss 53 and 58: See note following RCW 29A.60.160.
Expiration date—2011 c 10 ss 52 and 57: See note following RCW 29A.60.160.
Notice to registered poll voters—Elections by mail—2011 c 10: See note following RCW 29A.04.008.
Effective date—2006 c 344 s 17: "Section 17 of this act takes effect July 1, 2013." [ 2006 c 344 s 43.]
Expiration date—2006 c 344 s 16: "Section 16 of this act expires July 1, 2013." [ 2006 c 344 s 42.]
Effective date—2006 c 344 ss 1-16 and 18-40: See note following RCW 29A.04.311.
Expiration date—2005 c 153 ss 11 and 12: See note following RCW 29A.60.160.
Effective date—2004 c 266: See note following RCW 29A.04.575.
Before certification of the primary or election, the county auditor must examine and investigate all received provisional ballots to determine whether the ballot can be counted. The auditor shall provide the disposition of the provisional ballot and, if the ballot was not counted, the reason why it was not counted, on a free access system such as a toll-free telephone number, website, mail, or other means. The auditor must notify the voter in accordance with RCW 29A.60.165 when the declaration is unsigned or when the signatures do not match.
[ 2011 c 10 s 59; 2005 c 243 s 9. ]
NOTES:
Notice to registered poll voters—Elections by mail—2011 c 10: See note following RCW 29A.04.008.
(1) Before canvassing the returns of a primary or election, the chair of the county legislative authority or the chair's designee shall administer an oath to the county auditor or the auditor's designee attesting to the authenticity of the information presented to the canvassing board. This oath must be signed by the county auditor or designee and filed with the returns of the primary or election.
(2) The county canvassing board shall proceed to verify the results from the ballots received. The board shall execute a certificate of the results of the primary or election signed by all members of the board or their designees. Failure to certify the returns, if they can be ascertained with reasonable certainty, is a crime under RCW 29A.84.720.
(3) If the county canvassing board refuses to certify the results of the election without cause, the secretary of state may examine the records, ballots, and results of the election and certify the results of the election. This must be completed within two business days after the certification deadline in RCW 29A.60.190 after the refusal of the county canvassing board to certify the results of the election.
[ 2024 c 28 s 5; 2011 c 10 s 60; 2003 c 111 s 1520; 1990 c 59 s 63; 1965 c 9 s 29.62.040. Prior: 1957 c 195 s 17; prior: (i) 1919 c 163 s 21, part; Code 1881 s 3095, part; 1868 p 20 s 1, part; 1865 p 39 s 6, part; RRS s 5340, part. (ii) 1893 c 112 s 2; RRS s 5342. (iii) 1903 c 85 s 1, part; Code 1881 s 3094, part; 1865 p 38 s 4, part; RRS s 5339, part. Formerly RCW 29.62.040. ]
NOTES:
Notice to registered poll voters—Elections by mail—2011 c 10: See note following RCW 29A.04.008.
Intent—Effective date—1990 c 59: See notes following RCW 29A.04.013.
Whenever the canvassing board finds during the initial counting process, or during any subsequent recount thereof, that there is an apparent discrepancy or an inconsistency in the returns of a primary or election, or that election staff has made an error regarding the treatment or disposition of a ballot, the board may recanvass the ballots or voting devices in any precincts of the county. The canvassing board shall conduct any necessary recanvass activity on or before the last day to certify or recertify the results of the primary, election, or subsequent recount and correct any error and document the correction of any error that it finds.
[ 2005 c 243 s 17; 2003 c 111 s 1521; 1990 c 59 s 64; 1965 c 9 s 29.62.050. Prior: 1951 c 193 s 1; 1917 c 7 s 1, part; 1913 c 58 s 15, part; RRS s 5315, part. Formerly RCW 29.62.050. ]
NOTES:
Intent—Effective date—1990 c 59: See notes following RCW 29A.04.013.
Voting systems: Chapter 29A.12 RCW.
(1) If the requisite number of any federal, state, county, city, or district offices have not been nominated in a primary by reason of two or more persons having an equal and requisite number of votes for being placed on the general election ballot, the official empowered by state law to certify candidates for the general election ballot shall give notice to the several persons so having the equal and requisite number of votes to attend at the appropriate office at the time designated by that official, who shall then and there proceed publicly to decide by lot which of those persons will be declared nominated and placed on the general election ballot.
(2) If the requisite number of any federal, state, county, city, district, or precinct officers have not been elected by reason of two or more persons having an equal and highest number of votes for one and the same office, the official empowered by state law to issue the original certificate of election shall give notice to the several persons so having the highest and equal number of votes to attend at the appropriate office at the time to be appointed by that official, who shall then and there proceed publicly to decide by lot which of those persons will be declared duly elected, and the official shall make out and deliver to the person thus duly declared elected a certificate of election.
[ 2004 c 271 s 176. ]
NOTES:
Tie vote for executive branch officer: State Constitution Art. III s 4.
Immediately after the official results of a state primary or general election in a county are ascertained, the county auditor or other election officer shall make an abstract of the number of registered voters in each precinct and of all the votes cast in the county at such state primary or general election for and against state measures and for each candidate for federal, state, and legislative office or for any other office which the secretary of state is required by law to canvass. The cumulative report of the election and a copy of the certificate of the election must be transmitted to the secretary of state immediately. The county auditor or other election official may aggregate results from more than one precinct if the auditor, pursuant to rules adopted by the secretary of state, finds that reporting a single precinct's ballot results would jeopardize the secrecy of a person's ballot. To the extent practicable, precincts for which results are aggregated must be contiguous.
[ 2011 c 10 s 61; 2003 c 111 s 1523; 2001 c 225 s 2; 1999 c 298 s 21; 1990 c 262 s 1; 1977 ex.s. c 361 s 96; 1965 c 9 s 29.62.090. Prior: (i) 1895 c 156 s 12; Code 1881 s 3101; 1865 p 40 s 12; RRS s 5346. (ii) Code 1881 s 3103; 1865 p 41 s 14; RRS s 5348. Formerly RCW 29.62.090. ]
NOTES:
Notice to registered poll voters—Elections by mail—2011 c 10: See note following RCW 29A.04.008.
Effective date—Severability—1977 ex.s. c 361: See notes following RCW 29A.16.040.
(1) The county auditor shall prepare at the time of certification an election reconciliation report that discloses the following information:
(a) The number of registered voters;
(b) The number of ballots issued;
(c) The number of ballots received;
(d) The number of ballots counted;
(e) The number of ballots rejected;
(f) The number of provisional ballots issued;
(g) The number of provisional ballots received;
(h) The number of provisional ballots counted;
(i) The number of provisional ballots rejected;
(j) The number of federal write-in ballots received;
(k) The number of federal write-in ballots counted;
(l) The number of federal write-in ballots rejected;
(m) The number of overseas and service ballots issued by mail, email, website link, or facsimile;
(n) The number of overseas and service ballots received by mail, email, or facsimile;
(o) The number of overseas and service ballots counted by mail, email, or facsimile;
(p) The number of overseas and service ballots rejected by mail, email, or facsimile;
(q) The number of nonoverseas and nonservice ballots sent by email, website link, or facsimile;
(r) The number of nonoverseas and nonservice ballots received by email or facsimile;
(s) The number of nonoverseas and nonservice ballots that were rejected for:
(i) Failing to send an original or hard copy of the ballot by the certification deadline; or
(ii) Any other reason, including the reason for rejection;
(t) The number of voters credited with voting;
(u) The number of replacement ballots requested;
(v) The number of replacement ballots issued;
(w) The number of replacement ballots received;
(x) The number of replacement ballots counted;
(y) The number of replacement ballots rejected; and
(z) Any other information the auditor or secretary of state deems necessary to reconcile the number of ballots counted with the number of voters credited with voting, and to maintain an audit trail.
(2) The county auditor must make the report available to the public at the auditor's office and must publish the report on the auditor's website at the time of certification. The county auditor must submit the report to the secretary of state at the time of certification in any form determined by the secretary of state.
(3)(a) The secretary of state must collect the reconciliation reports from each county auditor and prepare a statewide reconciliation report for each state primary and general election. The report may be produced in a form determined by the secretary that includes the information as described in this subsection (3). The report must be prepared and published on the secretary of state's website within two months after the last county's election results have been certified.
(b) The state report must include a comparison among counties on rates of votes received, counted, and rejected, including provisional, write-in, overseas ballots, and ballots transmitted electronically. The comparison information may be in the form of rankings, percentages, or other relevant quantifiable data that can be used to measure performance and trends.
(c) The state report must also include an analysis of the data that can be used to develop a better understanding of election administration and policy. The analysis must combine data, as available, over multiple years to provide broader comparisons and trends regarding voter registration and turnout and ballot counting. The analysis must incorporate national election statistics to the extent such information is available.
[ 2018 c 218 s 9; 2017 c 300 s 1; 2011 c 10 s 62; 2009 c 369 s 41; 2005 c 243 s 11. ]
NOTES:
Intent—2018 c 218: See note following RCW 29A.60.185.
Notice to registered poll voters—Elections by mail—2011 c 10: See note following RCW 29A.04.008.
The secretary of state shall, as soon as possible but in any event not later than seventeen days following the primary, canvass and certify the returns of all primary elections as to candidates for statewide offices, United States senators and representatives in Congress, and all legislative and judicial candidates whose district extends beyond the limits of a single county.
[ 2013 c 11 s 64; 2011 c 349 s 22; 2003 c 111 s 1524; 1977 ex.s. c 361 s 97; 1965 c 9 s 29.62.100. Prior: 1961 c 130 s 11; prior: 1907 c 209 s 24, part; RRS s 5201, part. Formerly RCW 29.62.100. ]
NOTES:
Effective date—2011 c 349: See note following RCW 29A.04.255.
Effective date—Severability—1977 ex.s. c 361: See notes following RCW 29A.16.040.
As soon as the returns have been received from all the counties of the state, but not later than the thirtieth day after the election, the secretary of state shall canvass and certify the returns of the general election as to candidates for statewide offices, the United States senate, congress, and all legislative and judicial candidates whose districts extend beyond the limits of a single county. The secretary of state shall transmit a copy of the certification to the governor, president of the senate, and speaker of the house of representatives.
[ 2013 c 11 s 65; 2005 c 243 s 18; 2003 c 111 s 1525; 1965 c 9 s 29.62.120. Prior: Code 1881 s 3100, part; No RRS. Formerly RCW 29.62.120. ]
The votes on proposed amendments to the state Constitution, recommendations for the calling of constitutional conventions and other questions submitted to the people must be counted, canvassed, and returned by each county canvassing board in the manner provided by law for counting, canvassing, and returning votes for candidates for state offices. The secretary of state shall, in the presence of the governor, within thirty days after the election, canvass the votes upon each question and certify to the governor the result. The governor shall forthwith issue a proclamation giving the whole number of votes cast in the state for and against such measure and declaring the result. If the vote cast upon an initiative or referendum measure is equal to less than one-third of the total vote cast at the election, the governor shall proclaim the measure to have failed.
[ 2003 c 111 s 1526; 1965 c 9 s 29.62.130. Prior: (i) 1913 c 138 s 30; RRS s 5426. (ii) 1917 c 23 s 1; RRS s 5341. Formerly RCW 29.62.130. ]
The term of every city, town, and district officer elected to office on the first Tuesday following the first Monday in November of the odd-numbered years begins in accordance with *RCW 29A.20.040. However, a person elected to less than a full term shall assume office as soon as the election returns have been certified and he or she is qualified in accordance with RCW 29A.04.133.
Each board of directors of every district shall be organized at the first meeting held after one or more newly elected directors take office.
[ 2003 c 111 s 503; 1979 ex.s. c 126 s 14; 1965 c 123 s 6; 1965 c 9 s 29.13.050. Prior: 1963 c 200 s 8; 1959 c 86 s 1; prior: 1951 c 257 s 6. (i) 1949 c 161 s 9; Rem. Supp. 1949 s 5146-1. (ii) 1949 c 163 s 1; 1921 c 61 s 4; Rem. Supp. 1949 s 5146. Formerly RCW 29A.20.030, 29.13.050. ]
NOTES:
Purpose—1979 ex.s. c 126: See RCW 29A.60.280(1).
(1) The legislature finds that certain laws are in conflict governing the assumption of office of various local officials. The purpose of this section is to provide a common date for the assumption of office for all the elected officials of counties, cities, towns, and special purpose districts other than school districts where the ownership of property is not a prerequisite of voting. A person elected to the office of school director begins his or her term of office at the first official meeting of the board of directors after certification of the election results. It is also the purpose of this section to remove these conflicts and delete old statutory language concerning such elections which is no longer necessary.
(2) For elective offices of counties, cities, towns, and special purpose districts other than school districts where the ownership of property is not a prerequisite of voting, the term of incumbents ends and the term of successors begins after the successor is elected and qualified, and the term commences immediately after December 31st following the election, except as follows:
(a) Where the term of office varies from this standard according to statute; and
(b) If the election results have not been certified prior to January 1st after the election, in which event the time of commencement for the new term occurs when the successor becomes qualified in accordance with RCW 29A.04.133.
(3) For elective offices governed by this section, the oath of office must be taken as the last step of qualification as defined in RCW 29A.04.133 and may be taken between the date of the final certification of the election and the day before the term of office begins.
[ 2025 c 307 s 1; 2003 c 111 s 504; 1999 c 298 s 3; 1980 c 35 s 7; 1979 ex.s. c 126 s 1. Formerly RCW 29A.20.040, 29.04.170. ]
NOTES:
Severability—1980 c 35: See note following RCW 28A.343.300.
Every odd-numbered year, the secretary of state must conduct and publish a statewide survey of voted ballot rejection rates and the reasons for those rejections by county auditors and canvassing boards. The secretary of state must collect data from reconciliation reports and county auditors in order to compare county and statewide averages for rates of rejected ballots and reasons for those ballots being rejected. The data collected must include rejection rates and reasons for rejection of voted ballots for all elections. The survey must include an analysis of current practices by county auditors and canvassing boards in the acceptance and rejection of ballots, and include recommendations for improvements that minimize rejections in those practices, with a goal of statewide standardization where applicable. The results must also be analyzed and compared with available national data and recognized best practices. The secretary of state's recommendations and reports must be made available to the public.
[ 2016 c 134 s 3. ]
(1) A work group is established to approve a uniform ballot envelope design to be used by all counties in each election beginning with the 2026 primary election.
(2) The work group must be chaired by the secretary of state, or the secretary's designee, and include at a minimum the following members, appointed by the secretary of state:
(a) Two county auditors or their designees, with one auditor residing in western Washington and one auditor residing in eastern Washington;
(b) A representative from the University of Washington Evans school of public policy and governance;
(c) A representative from a nonprofit educational research organization with expertise in designing voting materials; and
(d) Other recognized experts and staff as deemed necessary by the work group's chair.
(3) This section expires January 1, 2027.
[ 2024 c 269 s 12. ]
An officer of a political party or any person for whom votes were cast in a primary who did not qualify for the general election may file a written application for a recount of the votes or a portion of the votes cast at that primary for all persons for whom votes were cast for that office.
An officer of a political party or any person for whom votes were cast at any election may file a written application for a recount of the votes or a portion of the votes cast at that election for all candidates for election to that office.
Any group of five or more registered voters may file a written application for a recount of the votes or a portion of the votes cast upon any question or issue. They shall designate one of the members of the group as chair and shall indicate the voting residence of each member of the group.
An application for a recount of the votes cast for an office or on a ballot measure must be filed with the officer with whom filings are made for the jurisdiction.
An application for a recount must specify whether the recount will be done manually or by the vote tally system. A recount done by the vote tally system must use programming that recounts and reports only the office or ballot measure in question. The county shall also provide for a test of the logic and accuracy of that program.
An application for a recount must be filed within two business days after the county canvassing board or secretary of state has declared the official results of the primary or election for the office or issue for which the recount is requested.
This chapter applies to the recounting of votes cast by paper ballots and to the recounting of votes recorded on ballots counted by a vote tally system.
[ 2011 c 349 s 23; 2004 c 271 s 177. ]
NOTES:
Effective date—2011 c 349: See note following RCW 29A.04.255.
(1) If the official canvass of all of the returns for any office at any primary or election reveals that the difference in the number of votes cast for a candidate apparently qualified for the general election ballot or elected to any office, and the number of votes cast for the closest apparently defeated opponent is less than two thousand votes and also less than one-half of one percent of the total number of votes cast for both candidates, the county canvassing board shall conduct a recount of all votes cast on that position.
(a) Whenever such a difference occurs in the number of votes cast for candidates for a position the declaration of candidacy for which was filed with the secretary of state, the secretary of state shall, within three business days of the day that the returns of the primary or election are first certified by the canvassing boards of those counties, direct those boards to recount all votes cast on the position.
(b)(i) For statewide elections, if the difference in the number of votes cast for the apparent winner and the closest apparently defeated opponent is less than one thousand votes and also less than one-fourth of one percent of the total number of votes cast for both candidates, the votes shall be recounted manually or as provided in subsection (3) of this section.
(ii) For elections not included in (b)(i) of this subsection, if the difference in the number of votes cast for the apparent winner and the closest apparently defeated opponent is less than one hundred fifty votes and also less than one-fourth of one percent of the total number of votes cast for both candidates, the votes shall be recounted manually or as provided in subsection (3) of this section.
(2) A mandatory recount shall be conducted in the manner provided by RCW 29A.64.030, 29A.64.041, and 29A.64.061. No cost of a mandatory recount may be charged to any candidate.
(3) The apparent winner and closest apparently defeated opponent for an office for which a manual recount is required under subsection (1)(b) of this section may select an alternative method of conducting the recount. To select such an alternative, the two candidates shall agree to the alternative in a signed, written statement filed with the election official for the office. The recount shall be conducted using the alternative method if: It is suited to the balloting system that was used for casting the votes for the office; it involves the use of a vote tallying system that is approved for use in this state by the secretary of state; and the vote tallying system is readily available in each county required to conduct the recount. If more than one balloting system was used in casting votes for the office, an alternative to a manual recount may be selected for each system.
[ 2013 c 11 s 66; 2005 c 243 s 19; 2004 c 271 s 178. ]
An application for a recount shall state the office or ballot measure for which a recount is requested, and whether the request is for all precincts or only a portion of the precincts in that jurisdiction. The person filing an application for a manual recount shall, at the same time, deposit with the county canvassing board or secretary of state, in cash or by certified check, a sum equal to twenty-five cents for each ballot cast in the jurisdiction or portion of the jurisdiction for which the recount is requested as security for the payment of any costs of conducting the recount. If the application is for a machine recount, the deposit must be equal to fifteen cents for each ballot. These charges shall be determined by the county canvassing board or boards under RCW 29A.64.081.
The county canvassing board shall determine the date, time, and place or places at which the recount will be conducted. Not less than one day before the date of the recount, the county auditor shall notify the applicant or affected parties and, if the recount involves an office, to any person for whom votes were cast for that office of the date, time, and place of the recount. Each person entitled to receive notice of the recount may attend, witness the recount, and be accompanied by counsel.
Proceedings of the canvassing board are public under chapter 42.30 RCW. Subject to reasonable and equitable guidelines adopted by the canvassing board, all interested persons may attend and witness a recount.
[ 2013 c 11 s 67; 2011 c 349 s 24; 2005 c 243 s 20; 2003 c 111 s 1603. Prior: 2001 c 225 s 5; 1991 c 81 s 36; 1987 c 54 s 5; 1977 ex.s. c 361 s 99; 1965 c 9 s 29.64.020; prior: 1961 c 50 s 2; 1955 c 215 s 2. Formerly RCW 29.64.020. ]
NOTES:
Effective date—2011 c 349: See note following RCW 29A.04.255.
Effective date—1991 c 81: See note following RCW 29A.84.540.
Effective date—Severability—1977 ex.s. c 361: See notes following RCW 29A.16.040.
(1) At the time and place established for a recount, the canvassing board or its duly authorized representatives, in the presence of all witnesses who may be in attendance, shall open the sealed containers containing the ballots to be recounted, and shall recount the votes for the offices or issues for which the recount has been ordered. Ballots shall be handled only by the members of the canvassing board or their duly authorized representatives.
The canvassing board shall not permit the tabulation of votes for any nomination, election, or issue other than the ones for which a recount was applied for or required.
(2) At any time before the ballots from all of the precincts listed in the application for the recount have been recounted, the applicant may file with the board a written request to stop the recount.
(3) The recount may be observed by persons representing the candidates affected by the recount or the persons representing both sides of an issue that is being recounted. Witnesses shall be permitted to observe the ballots and the process of tabulating the votes, but they shall not be permitted to handle the ballots. The observers may not make a record of the names, addresses, or other information on the ballots, declarations, or lists of voters unless authorized by the superior court. The secretary of state or county auditor may limit the number of observers to not less than two on each side if, in his or her opinion, a greater number would cause undue delay or disruption of the recount process.
[ 2011 c 10 s 63; 2004 c 271 s 179. ]
NOTES:
Notice to registered poll voters—Elections by mail—2011 c 10: See note following RCW 29A.04.008.
When a partial recount of votes cast for an office or issue changes the result of the election, the canvassing board or the secretary of state, if the office or issue is being recounted at his or her direction, shall order a complete recount of all ballots cast for the office or issue for the jurisdiction in question.
This recount will be conducted in a manner consistent with RCW 29A.64.021.
[ 2013 c 11 s 68; 2003 c 111 s 1605. Prior: 2001 c 225 s 7. Formerly RCW 29.64.035. ]
(1) Upon completion of the canvass of a recount, the canvassing board shall prepare and certify an amended abstract showing the votes cast in each precinct for which the recount was conducted. Copies of the amended abstracts must be transmitted to the same officers who received the abstract on which the recount was based.
(2) If the office or issue for which the recount was conducted was filed with the county auditor, the canvassing board shall file the amended abstract with the original results of that election or primary.
(3) If the office or issue for which a recount was conducted was filed with the secretary of state, the secretary of state shall canvass the amended abstracts and shall file an amended abstract with the original results of that election. The secretary of state may require that the amended abstracts be certified by each canvassing board on a uniform date.
(4) An amended abstract certified under this section supersedes any prior abstract of the results for the same offices or issues at the same primary or election.
[ 2013 c 11 s 69; 2005 c 243 s 21; 2004 c 271 s 180. ]
After the original count, canvass, and certification of results, the votes cast in any single precinct may not be recounted and the results recertified more than twice.
[ 2003 c 111 s 1607. Prior: 2001 c 225 s 9; 1991 c 90 s 3. Formerly RCW 29.64.051. ]
NOTES:
Finding, purpose—1991 c 90: "The legislature finds that it is in the public interest to determine the winner of close contests for elective offices as expeditiously and as accurately as possible. It is the purpose of this act to provide procedures which promote the prompt and accurate recounting of votes for elective offices and which provide closure to the recount process." [ 1991 c 90 s 1.]
The canvassing board shall determine the expenses for conducting a recount of votes.
(1) For a recount conducted under RCW 29A.64.011, the cost of the recount shall be deducted from the amount deposited by the applicant for the recount at the time of filing the request for the recount, and the balance shall be returned to the applicant. If the costs of the recount exceed the deposit, the applicant shall pay the difference. No charges may be deducted by the canvassing board from the deposit for a recount if the recount changes the result of the nomination or election for which the recount was ordered.
(2) For a recount conducted under RCW 29A.64.021, for an office where the candidates filed the declarations of candidacy with the secretary of state, any legislative office, and any congressional office, the county auditor shall file an expense claim for such costs with the secretary of state. The secretary of state shall include a budget request to the legislature during the next legislative session for sufficient funds for reimbursement of all costs of the recount and shall pay all properly executed and documented vouchers to the counties within thirty days of allotment of specifically appropriated funds for this purpose. The secretary of state shall promptly notify any county that submits an incomplete or inaccurate voucher for reimbursement under this section.
(3) State and federal offices are to be considered one entity for purposes of election cost proration and reimbursement.
[ 2020 c 337 s 5; 2004 c 271 s 181. ]
NOTES:
Effective date—2020 c 337: See note following RCW 29A.04.410.
When the official canvass of returns of any election reveals that the difference in the number of votes cast for the approval of a statewide measure and the number of votes cast for the rejection of such measure is less than two thousand votes and also less than one-half of one percent of the total number of votes cast on such measure, the secretary of state shall direct that a recount of all votes cast on such measure be made on such measure, in the manner provided by RCW 29A.64.041 and 29A.64.061, and the cost of such recount will be at state expense.
[ 2023 c 109 s 3; 2016 c 204 s 1; 2013 c 11 s 70; 2003 c 111 s 1609. Prior: 2001 c 225 s 11; 1973 c 82 s 1. Formerly RCW 29.64.080. ]
NOTES:
Findings—2023 c 109: See note following RCW 29A.32.070.
Each county auditor shall file with the secretary of state a statement listing only the additional expenses incurred whenever a mandatory recount of the votes cast on a state measure is made as provided in RCW 29A.64.090. The secretary of state shall include in his or her biennial budget request a provision for sufficient funds to carry out the provisions of this section. Payments hereunder shall be from appropriations specifically provided for such purpose by law.
[ 2003 c 111 s 1610; 1977 ex.s. c 144 s 5; 1973 c 82 s 2. Formerly RCW 29.64.090. ]
Any justice of the supreme court, judge of the court of appeals, or judge of the superior court in the proper county shall, by order, require any person charged with error, wrongful act, or neglect to forthwith correct the error, desist from the wrongful act, or perform the duty and to do as the court orders or to show cause forthwith why the error should not be corrected, the wrongful act desisted from, or the duty or order not performed, whenever it is made to appear to such justice or judge by affidavit of an elector that:
(1) An error or omission has occurred or is about to occur in printing the name of any candidate on official ballots; or
(2) An error other than as provided in subsections (1) and (3) of this section has been committed or is about to be committed in printing the ballots; or
(3) The name of any person has been or is about to be wrongfully placed upon the ballots.
An affidavit of an elector under this section when relating to a primary election must be filed with the appropriate court no later than two days following the closing of the filing period for such office and shall be heard and finally disposed of by the court not later than five days after the filing thereof. An affidavit of an elector under this section when relating to a general election must be filed with the appropriate court no later than three days following the official certification of the primary election returns, or official certification of candidates qualified to appear on the general election ballot, whichever is later, and shall be heard and finally disposed of by the court not later than five days after the filing thereof.
[ 2016 c 130 s 1; 2013 c 11 s 71; 2011 c 349 s 25; 2007 c 374 s 3; 2005 c 243 s 22; 2004 c 271 s 182. ]
NOTES:
Effective date—2011 c 349: See note following RCW 29A.04.255.
Any justice of the supreme court, judge of the court of appeals, or judge of the superior court in the proper county shall, by order, require any person charged with error, wrongful act, or neglect to forthwith correct the error, desist from the wrongful act, or perform the duty and to do as the court orders or to show cause forthwith why the error should not be corrected, the wrongful act desisted from, or the duty or order not performed, whenever it is made to appear to such justice or judge by affidavit of an elector that:
(1) A wrongful act other than as provided for in RCW 29A.68.011 has been performed or is about to be performed by any election officer; or
(2) Any neglect of duty on the part of an election officer other than as provided for in RCW 29A.68.011 has occurred or is about to occur; or
(3) An error or omission has occurred or is about to occur in the official certification of any primary or election, including a challenge to the certification of any measure.
An affidavit of an elector under this subsection shall be filed with the appropriate court no later than ten days following the official certification of the primary or election as provided in RCW 29A.60.190, 29A.60.240, or 29A.60.250 or, in the case of a recount, ten days after the official certification of the amended abstract as provided in RCW 29A.64.061.
[ 2016 c 130 s 2. ]
Any of the following causes may be asserted by a registered voter to challenge the right to assume office of a candidate declared elected to that office, to challenge the right of a candidate to appear on the general election ballot after a primary, or to challenge certification of the result of an election on any measure:
(1) For misconduct on the part of any election officer involved therein;
(2) Because the person whose right is being contested was not, at the time the person was declared elected, eligible to that office;
(3) Because the person whose right is being contested was, previous to the election, convicted of a felony by a court of competent jurisdiction, the conviction not having been reversed nor the person's civil rights restored after the conviction;
(4) Because the person whose right is being contested gave a bribe or reward to a voter or to an election officer for the purpose of procuring the election, or offered to do so;
(5) On account of illegal votes.
(a) Illegal votes include but are not limited to the following:
(i) More than one vote cast by a single voter;
(ii) A vote cast by a person disqualified under Article VI, section 3 of the state Constitution.
(b) Illegal votes do not include votes cast by improperly registered voters who were not properly challenged under RCW 29A.08.810 and 29A.08.820.
All election contests must proceed under RCW 29A.68.011 or 29A.68.013.
[ 2016 c 130 s 3; 2013 c 11 s 72; 2011 c 10 s 64; 2007 c 374 s 4; 2003 c 111 s 1702; 1983 1st ex.s. c 30 s 6; 1977 ex.s. c 361 s 101; 1965 c 9 s 29.65.010. Prior: 1959 c 329 s 26; prior: (i) Code 1881 s 3105; 1865 p 42 s 1; RRS s 5366. (ii) Code 1881 s 3109; 1865 p 43 s 5; RRS s 5370. Formerly RCW 29.65.010. ]
NOTES:
Notice to registered poll voters—Elections by mail—2011 c 10: See note following RCW 29A.04.008.
Effective date—Severability—1977 ex.s. c 361: See notes following RCW 29A.16.040.
Civil rights
loss of: State Constitution Art. 6 s 3, RCW 29A.08.520.
restoration of: RCW 9.92.066, 9.94A.637, 9.94A.885, 9.95.260, chapter 9.96 RCW.
An affidavit of an elector filed pursuant to RCW 29A.68.013(3) must set forth specifically:
(1) The name of the contestant and that he or she is a registered voter in the county, district or precinct, as the case may be, in which the office or measure is to be exercised;
(2) The name of the person whose right is being contested or the name of the measure being contested;
(3) The office;
(4) The particular causes of the contest.
No statement of contest may be dismissed for want of form if the particular causes of contest are alleged with sufficient certainty. The person charged with the error or omission must be given the opportunity to call any witness, including the candidate.
[ 2016 c 130 s 4; 2007 c 374 s 5; 2003 c 111 s 1703; 1977 ex.s. c 361 s 102; 1965 c 9 s 29.65.020. Prior: (i) Code 1881 s 3110; 1865 p 43 s 6; RRS s 5371. (ii) Code 1881 s 3112; 1865 p 44 s 8; RRS s 5373. Formerly RCW 29.65.020. ]
NOTES:
Effective date—Severability—1977 ex.s. c 361: See notes following RCW 29A.16.040.
Upon such affidavit being filed, the clerk shall inform the judge of the appropriate court, who may give notice, and order a session of the court to be held at the usual place of holding the court, on some day to be named by the judge, not less than ten nor more than twenty days from the date of the notice, to hear and determine such contested election. If no session is called for the purpose, the contest must be determined at the first regular session of court after the statement is filed.
The clerk of the court shall also at the time issue a citation for the person charged with the error or omission, to appear at the time and place specified in the notice. The citation must be delivered to the sheriff and be served upon the party in person; or if the person cannot be found, by leaving a copy thereof at the house where the person last resided.
[ 2003 c 111 s 1704; 1977 ex.s. c 361 s 103; 1965 c 9 s 29.65.040. Prior: (i) Code 1881 s 3113; 1865 p 44 s 9; RRS s 5374. (ii) Code 1881 s 3114; 1865 p 45 s 10; RRS s 5375. Formerly RCW 29.65.040. ]
NOTES:
Effective date—Severability—1977 ex.s. c 361: See notes following RCW 29A.16.040.
The clerk shall issue subpoenas for witnesses in such contested election at the request of either party, which shall be served by the sheriff or constable, as other subpoenas, and the superior court shall have full power to issue attachments to compel the attendance of witnesses who shall have been duly subpoenaed to attend if they fail to do so.
The court shall meet at the time and place designated to determine such contested election by the rules of law and evidence governing the determination of questions of law and fact, so far as the same may be applicable, and may dismiss the proceedings if the statement of the cause or causes of contest is insufficient, or for want of prosecution. After hearing the proofs and allegations of the parties, the court shall pronounce judgment in the premises, either confirming or annulling and setting aside such election, according to the law and right of the case.
If in any such case it shall appear that another person than the one returned has the highest number of legal votes, said court shall declare such person duly elected. If in any such case it shall appear that the results of a measure are reversed, said court shall declare the change in result.
[ 2016 c 130 s 5; 2003 c 111 s 1705. Prior: 1965 c 9 s 29.65.050; prior: (i) Code 1881 s 3115; 1865 p 45 s 11; RRS s 5376. (ii) Code 1881 s 3116; 1865 p 45 s 12; RRS s 5377. (iii) Code 1881 s 3117; 1865 p 45 s 13; RRS s 5378. FORMER PARTS OF SECTION: (i) Code 1881 s 3119; 1865 p 45 s 15; RRS s 5379, now codified in RCW 29.65.055. (ii) Code 1881 s 3120; 1865 p 45 s 16; RRS s 5380, now codified in RCW 29.65.055. Formerly RCW 29.65.050. ]
If the proceedings are dismissed for insufficiency, want of prosecution, or the election is by the court confirmed, judgment shall be rendered against the party contesting such election for costs, in favor of the party charged with error or omission.
If such election is annulled and set aside, judgment for costs shall be rendered against the party charged with the error or omission and in favor of the party alleging the same.
[ 2003 c 111 s 1706. Prior: 1977 ex.s. c 361 s 104; 1965 c 9 s 29.65.055; prior: (i) Code 1881 s 3119; 1865 p 45 s 15; RRS s 5379; formerly RCW 29.65.050, part. (ii) Code 1881 s 3120; 1865 p 45 s 16; RRS s 5380, formerly RCW 29.65.050, part. Formerly RCW 29.65.055. ]
NOTES:
Effective date—Severability—1977 ex.s. c 361: See notes following RCW 29A.16.040.
No irregularity or improper conduct in the proceedings of any county canvassing board or any member of the board amounts to such malconduct as to annul or set aside any election unless the irregularity or improper conduct was such as to either, reverse the outcome of an election measure or procure the person whose right to the office may be contested, to be declared duly elected although the person did not receive the highest number of legal votes.
[ 2016 c 130 s 6; 2011 c 10 s 65; 2003 c 111 s 1707; 1965 c 9 s 29.65.060. Prior: Code 1881 s 3106; 1865 p 43 s 2; RRS s 5367. Formerly RCW 29.65.060. ]
NOTES:
Notice to registered poll voters—Elections by mail—2011 c 10: See note following RCW 29A.04.008.
When any election for an office exercised in and for a county is contested on account of any malconduct on the part of a county canvassing board, or any member thereof, the election shall not be annulled and set aside upon any proof thereof, unless the rejection of the vote of such precinct or precincts will change the result as to such office or measure in the remaining vote of the county.
[ 2016 c 130 s 7; 2011 c 10 s 66; 2003 c 111 s 1708. Prior: 1965 c 9 s 29.65.070; prior: Code 1881 s 3107; 1865 p 43 s 3; RRS s 5368. Formerly RCW 29.65.070. ]
NOTES:
Notice to registered poll voters—Elections by mail—2011 c 10: See note following RCW 29A.04.008.
When the reception of illegal votes is alleged as a cause of contest, it is sufficient to state generally that illegal votes were cast, that, if given to the person whose election is contested, or to the winning choice for a measure, in the specified precinct or precincts, will, if taken from that person, or winning choice for a measure, reduce the number of the person's legal votes below the number of legal votes given to some other person for the same office or reverse the outcome of the measure.
[ 2016 c 130 s 8; 2003 c 111 s 1709; 1965 c 9 s 29.65.080. Prior: Code 1881 s 3111, part; 1865 p 44 s 7, part; RRS s 5372, part. Formerly RCW 29.65.080. ]
No testimony may be received as to any illegal votes unless the party contesting the election delivers to the opposite party, at least three days before trial, a written list of the number of illegal votes and by whom given, that the contesting party intends to prove at the trial. No testimony may be received as to any illegal votes, except as to such as are specified in the list.
[ 2003 c 111 s 1710; 1965 c 9 s 29.65.090. Prior: Code 1881 s 3111, part; 1865 p 44 s 7, part; RRS s 5372, part. Formerly RCW 29.65.090. ]
(1) No election for an office may be set aside on account of illegal votes, unless it appears that an amount of illegal votes has been given to the person whose right is being contested, that, if taken from that person, would reduce the number of the person's legal votes below the number of votes given to some other person for the same office, after deducting therefrom the illegal votes that may be shown to have been given to the other person.
(2) No election for a measure may be set aside on account of illegal votes, unless it appears that an amount of illegal votes has been given to the winning choice being contested, that, if taken from that winning choice, would reduce the number of legal votes for the winning choice below the number of votes given to the other choice, after deducting therefrom the illegal votes that may be shown to have been given to the other choice.
[ 2016 c 130 s 9; 2003 c 111 s 1711; 1965 c 9 s 29.65.100. Prior: Code 1881 s 3108; 1865 p 43 s 4; RRS s 5369. Formerly RCW 29.65.100. ]
If an election is set aside by the judgment of the superior court and if no appeal is taken therefrom within ten days, the election of the person challenged or the outcome of the measure challenged, shall be thereby rendered void.
[ 2016 c 130 s 10; 2007 c 374 s 6; 2003 c 111 s 1712; 1965 c 9 s 29.65.120. Prior: Code 1881 s 3123, part; 1865 p 46 s 19, part; RRS s 5382, part. Formerly RCW 29.65.120. ]
If any legal voter of the state, either individually or on behalf of an organization, desires to petition the legislature to enact a proposed measure, or submit a proposed initiative measure to the people, or order that a referendum of all or part of any act, bill, or law, passed by the legislature be submitted to the people, he or she shall file with the secretary of state:
(1) A legible copy of the measure proposed, or the act or part of such act on which a referendum is desired;
(2) A signed affidavit, or electronic submission, that the sponsor is a registered voter; and
(3) A filing fee prescribed under RCW 43.07.120.
[ 2015 c 72 s 10; 2003 c 111 s 1802; 1982 c 116 s 1; 1965 c 9 s 29.79.010. Prior: 1913 c 138 s 1, part; RRS s 5397, part. Formerly RCW 29.79.010. ]
Upon receipt of a proposed initiative measure, and before giving it a serial number, the secretary of state shall submit a copy thereof to the office of the code reviser and give notice to the sponsor of such transmittal. Upon receipt of the measure, the assistant code reviser to whom it has been assigned may confer with the sponsor and shall within seven working days from its receipt, review the proposal and recommend to the sponsor such revision or alteration of the measure as may be deemed necessary and appropriate. The recommendations of the code reviser's office are advisory only, and the sponsor may accept or reject them in whole or in part. The code reviser shall issue a certificate of review certifying that he or she has reviewed the measure and that any recommendations have been communicated to the sponsor. The certificate must be issued whether or not the sponsor accepts such recommendations. Within fifteen working days after notification of submittal of the proposed measure to the code reviser's office, the sponsor, if he or she desires to proceed with sponsorship, shall file the measure together with the certificate of review with the secretary of state for assignment of a serial number, and the secretary of state shall then submit to the code reviser's office a certified copy of the measure filed. Upon submission of the proposal to the secretary of state for assignment of a serial number, the secretary of state shall refuse to make such assignment unless the proposal is accompanied by a certificate of review.
[ 2003 c 111 s 1803; 1982 c 116 s 2; 1973 c 122 s 2. Formerly RCW 29.79.015. ]
NOTES:
Legislative finding—1973 c 122: "The legislature finds that the initiative process reserving to the people the power to propose bills, laws and to enact or reject the same at the polls, independent of the legislature, is finding increased popularity with citizens of our state. The exercise of this power concomitant with the power of the legislature requires coordination to avoid the duplication and confusion of laws. This legislation is enacted especially to facilitate the operation of the initiative process." [ 1973 c 122 s 1.]
The office of financial management, in consultation with the secretary of state, the attorney general, and any other appropriate state or local agency, shall prepare a fiscal impact statement for each of the following state ballot measures: (1) An initiative to the people that is certified to the ballot; (2) an initiative to the legislature that will appear on the ballot; (3) an alternative measure appearing on the ballot that the legislature proposes to an initiative to the legislature; (4) a referendum bill referred to voters by the legislature; and (5) a referendum measure appearing on the ballot. The secretary of state shall notify the office of financial management and the attorney general when the sponsor of a ballot measure has made an appointment to submit petitions to the secretary of state for filing. The office of financial management and appropriate state agencies may begin work on a fiscal impact statement prior to the submission of petitions. Fiscal impact statements must be written in clear and concise language, avoid legal and technical terms when possible, and be filed with the secretary of state no later than July 23rd if a public investment impact disclosure is required under RCW 29A.72.027, and no later than July 31st for all other measures. Fiscal impact statements may include easily understood graphics.
A fiscal impact statement must describe any projected increase or decrease in revenues, costs, expenditures, or indebtedness that the state or local governments will experience if the ballot measure were approved by state voters. Where appropriate, a fiscal impact statement may include both estimated dollar amounts and a description placing the estimated dollar amounts into context. A fiscal impact statement must include both a summary of not to exceed one hundred words and a more detailed statement that includes the assumptions that were made to develop the fiscal impacts.
Fiscal impact statements must be available online from the secretary of state's website and included in the state voters' pamphlet. Additional information may be posted on the website of the office of financial management.
[ 2022 c 114 s 5; 2009 c 415 s 7; 2004 c 266 s 4. Prior: 2002 c 139 s 1. Formerly RCW 29.79.075. ]
NOTES:
Findings—2022 c 114: See note following RCW 29A.72.027.
Effective date—2004 c 266: See note following RCW 29A.04.575.
(1) The attorney general must prepare a public investment impact disclosure for any ballot measure that:
(a) Repeals, levies, or modifies any tax or fee, including changing the scope or application of an existing tax or fee; and
(b) Has a fiscal impact statement, as provided by RCW 29A.72.025, that shows that adoption of the measure would cause a net change in state revenue.
(2) The public investment impact disclosure must include a description of the investments that will be affected if the measure is adopted. The description must be sufficiently broad to reflect the subject of the investments that will be impacted by the change in revenue that will result from adoption of the measure, but also sufficiently precise to give notice of the subject matter of the investments that will be impacted by the change in revenue that will result from adoption of the measure. The description may not exceed 10 words, unless the fiscal impact is primarily to the state general fund, in which case the description must list the top three categories of state services funded by the general fund in the current state budget and may not exceed 15 words. The attorney general may consult with the office of financial management or any other state or local agencies as necessary to procure accurate information to draft the description.
(3) The format of the public investment impact disclosure, as it appears on the ballot, is:
"This measure would (increase or decrease) funding for (description of services)."
(4) In drafting the public investment impact disclosure, the attorney general must use neutral language that cannot reasonably be expected to create prejudice for or against the measure. The language of the disclosure is not subject to appeal, except as provided in chapter 114, Laws of 2022.
(5) The attorney general must file the public investment impact disclosure with the secretary of state no later than July 23rd.
(6) The secretary of state must certify the public investment impact disclosure and timely transmit it to each county auditor for its inclusion on the ballot.
(7) Public investment impact disclosures are not considered part of the ballot title under this chapter and are not subject to any of the legal requirements for ballot titles.
[ 2022 c 114 s 2. ]
NOTES:
Findings—2022 c 114: "The legislature recognizes that the people have reserved for themselves the power to enact or reject legislation through the initiative and referendum process, as provided in Article II, section 1 of the state Constitution. The legislature finds that when exercising this right, the people are entitled to know the fiscal impact that their vote will have on public investments at the time they cast their ballots. The legislature further finds that when a ballot measure will affect funding for public investments, a neutral, nonprejudicial disclosure of the public investments affected will provide greater transparency and necessary information for voters." [ 2022 c 114 s 1.]
Any persons, including either or both houses of the legislature, dissatisfied with the public investment impact disclosure for a state initiative or referendum may, within three days from the filing of the public investment impact disclosure in the office of the secretary of state, appeal to the superior court of Thurston county by petition setting forth the measure, the public investment impact disclosure, and their objections to the public investment impact disclosure and requesting amendment of the public investment impact disclosure by the court. Saturdays, Sundays, and legal holidays are not counted in calculating the time limits contained in this section.
A copy of the petition on appeal together with a notice that an appeal has been taken shall be served upon the secretary of state, upon the attorney general, and upon the person proposing the measure if the appeal is initiated by someone other than that person. Upon the filing of the petition on appeal or at the time to which the hearing may be adjourned by consent of the appellant, the court shall accord first priority to examining the proposed measure, the public investment impact disclosure, and the objections to that public investment impact disclosure, may hear arguments, and shall, within five days, render its decision and file with the secretary of state a certified copy of such public investment impact disclosure as it determines will meet the requirements of RCW 29A.72.027. The decision of the superior court shall be final. Such appeal shall be heard without costs to either party.
[ 2022 c 114 s 6. ]
NOTES:
Findings—2022 c 114: See note following RCW 29A.72.027.
Initiative measures proposed to be submitted to the people must be filed with the secretary of state within ten months prior to the election at which they are to be submitted, and the signature petitions must be filed with the secretary of state not less than four months before the next general statewide election.
Initiative measures proposed to be submitted to the legislature must be filed with the secretary of state within ten months prior to the next regular session of the legislature at which they are to be submitted, and the signature petitions must be filed with the secretary of state not less than ten days before such regular session of the legislature.
A referendum measure petition ordering that any act or part of an act passed by the legislature be referred to the people must be filed with the secretary of state within ninety days after the final adjournment of the legislative session at which the act was passed. It may be submitted at the next general statewide election or at a special election ordered by the legislature.
A proposed initiative or referendum measure may be filed no earlier than the opening of the secretary of state's office for business pursuant to RCW 42.04.060 on the first day filings are permitted, and any initiative or referendum petition must be filed not later than the close of business on the last business day in the specified period for submission of signatures. If a filing deadline falls on a Saturday, the office of the secretary of state must be open for the transaction of business under this section from 8:00 a.m. to 5:00 p.m. on that Saturday.
[ 2003 c 111 s 1804; 1987 c 161 s 1; 1965 c 9 s 29.79.020. Prior: (i) 1913 c 138 s 1, part; RRS s 5397, part. (ii) 1913 c 138 s 6, part; RRS s 5402, part. (iii) 1913 c 138 s 5, part; RRS s 5401, part. (iv) 1913 c 138 s 7, part; RRS s 5403, part. Formerly RCW 29.79.020. ]
NOTES:
Initiative, referendum, time for filing: State Constitution Art. 2 s 1 (a) and (d) (Amendment 7).
Petitions—Time for filing: RCW 29A.72.160.
The secretary of state shall give a serial number to each initiative, referendum bill, or referendum measure, using a separate series for initiatives to the legislature, initiatives to the people, referendum bills, and referendum measures, and forthwith transmit one copy of the measure proposed bearing its serial number to the attorney general. Thereafter a measure shall be known and designated on all petitions, ballots, and proceedings as "Initiative Measure No. . . . .," "Referendum Bill No. . . . .," or "Referendum Measure No. . . . .."
[ 2023 c 109 s 4; 2008 c 1 s 7 (Initiative Measure No. 960, approved November 6, 2007); 2003 c 111 s 1805; 1982 c 116 s 3; 1965 c 9 s 29.79.030. Prior: 1913 c 138 s 1, part; RRS s 5397, part. Formerly RCW 29.79.030. ]
NOTES:
Findings—2023 c 109: See note following RCW 29A.32.070.
Findings—Intent—Construction—Severability—Subheadings and part headings not law—Short title—Effective date—2008 c 1 (Initiative Measure No. 960): See notes following RCW 43.135.031.
(1) The ballot title for an initiative to the people, an initiative to the legislature, a referendum bill, or a referendum measure consists of: (a) A statement of the subject of the measure; (b) a concise description of the measure; and (c) a question in the form prescribed in this section for the ballot measure in question. The statement of the subject of a measure must be sufficiently broad to reflect the subject of the measure, sufficiently precise to give notice of the measure's subject matter, and not exceed ten words. The concise description must contain no more than thirty words, be a true and impartial description of the measure's essential contents, clearly identify the proposition to be voted on, and not, to the extent reasonably possible, create prejudice either for or against the measure.
(2) If a public investment impact disclosure is required under RCW 29A.72.027, the disclosure must appear in the middle of the ballot title, after the concise description and before the question. The disclosure is not, however, considered part of the ballot title and is not subject to any of the legal requirements for ballot titles under this chapter.
(3) For an initiative to the people, or for an initiative to the legislature for which the legislature has not proposed an alternative, the ballot title and public investment impact disclosure, if applicable, must be displayed on the ballot substantially as follows:
"Initiative Measure No. . . . concerns (statement of subject). This measure would (concise description). (Public investment impact disclosure, if applicable). Should this measure be enacted into law?
Yes . . . . □
No . . . . □ "
(4) For an initiative to the legislature for which the legislature has proposed an alternative, the ballot title and public investment impact disclosure, if applicable, must be displayed on the ballot substantially as follows:
"Initiative Measure Nos. . . . and . . .B concern (statement of subject).
Initiative Measure No. . . . would (concise description). (Public investment impact disclosure, if applicable).
As an alternative, the legislature has proposed Initiative Measure No. . . .B, which would (concise description). (Public investment impact disclosure, if applicable).
Yes . . . . □
No . . . . □
Measure No. . . . . □
or
Measure No. . . . . □ "
(5) For a referendum bill submitted to the people by the legislature, the ballot issue and public investment impact disclosure, if applicable, must be displayed on the ballot substantially as follows:
"The legislature has passed . . . . Bill No. . . . concerning (statement of subject). This bill would (concise description). (Public investment impact disclosure, if applicable). Should this bill be:
Approved . . . . □
Rejected . . . . □ "
(6) For a referendum measure by state voters on a bill the legislature has passed, the ballot issue and public investment impact disclosure, if applicable, must be displayed on the ballot substantially as follows:
"The legislature passed . . . Bill No. . . . concerning (statement of subject) and voters have filed a sufficient referendum petition on this bill. This bill would (concise description). (Public investment impact disclosure, if applicable). Should this bill be:
Approved . . . . □
Rejected . . . . □ "
(7) The legislature may specify the statement of subject or concise description, or both, in a referendum bill that it refers to the people. The legislature may specify the concise description for an alternative it submits for an initiative to the legislature. If the legislature fails to specify these matters, the attorney general shall prepare the material that was not specified. The statement of subject and concise description as so provided must be included as part of the ballot title unless changed on appeal.
The attorney general shall specify the statement of subject and concise description for an initiative to the people, an initiative to the legislature, and a referendum measure. The statement of subject and concise description as so provided must be included as part of the ballot title unless changed on appeal.
[ 2022 c 114 s 3; 2003 c 111 s 1806. Prior: 2000 c 197 s 1. Formerly RCW 29.79.035. ]
NOTES:
Findings—2022 c 114: See note following RCW 29A.72.027.
Part headings not law—2000 c 197: "Part headings used in this act are not part of the law." [ 2000 c 197 s 17.]
Within five days after the receipt of an initiative or referendum the attorney general shall formulate the ballot title, or portion of the ballot title that the legislature has not provided, required by RCW 29A.72.050 and a summary of the measure, not to exceed seventy-five words, and transmit the serial number for the measure, complete ballot title, and summary to the secretary of state. Saturdays, Sundays, and legal holidays are not counted in calculating the time limits in this section.
[ 2003 c 111 s 1807. Prior: 2000 c 197 s 2; 1993 c 256 s 9; 1982 c 116 s 4; 1973 1st ex.s. c 118 s 2; 1965 c 9 s 29.79.040; prior: 1953 c 242 s 2; 1913 c 138 s 2; RRS s 5398. Formerly RCW 29.79.040. ]
NOTES:
Part headings not law—2000 c 197: See note following RCW 29A.72.050.
Severability—Effective date—1993 c 256: See notes following RCW 29A.84.280.
Ballot titles to other state and local measures: RCW 29A.36.020 through 29A.36.090.
Upon the filing of the ballot title and summary for a state initiative or referendum measure in the office of secretary of state, the secretary of state shall notify by telephone and by mail, and, if requested, by other electronic means, the person proposing the measure, the prime sponsor of a referendum bill or alternative to an initiative to the legislature, the chief clerk of the house of representatives, the secretary of the senate, and any other individuals who have made written request for such notification of the exact language of the ballot title and summary.
[ 2003 c 111 s 1808. Prior: 2000 c 197 s 3; 1982 c 116 s 5; 1973 1st ex.s. c 118 s 3; 1965 c 9 s 29.79.050; prior: 1913 c 138 s 3, part; RRS s 5399, part. Formerly RCW 29.79.050. ]
NOTES:
Part headings not law—2000 c 197: See note following RCW 29A.72.050.
Any persons, including the attorney general or either or both houses of the legislature, dissatisfied with the ballot title or summary for a state initiative or referendum may, within five days from the filing of the ballot title in the office of the secretary of state, appeal to the superior court of Thurston county by petition setting forth the measure, the ballot title or summary, and their objections to the ballot title or summary and requesting amendment of the ballot title or summary by the court. Saturdays, Sundays, and legal holidays are not counted in calculating the time limits contained in this section.
A copy of the petition on appeal together with a notice that an appeal has been taken shall be served upon the secretary of state, upon the attorney general, and upon the person proposing the measure if the appeal is initiated by someone other than that person. Upon the filing of the petition on appeal or at the time to which the hearing may be adjourned by consent of the appellant, the court shall accord first priority to examining the proposed measure, the ballot title or summary, and the objections to that ballot title or summary, may hear arguments, and shall, within five days, render its decision and file with the secretary of state a certified copy of such ballot title or summary as it determines will meet the requirements of RCW 29A.72.060. The decision of the superior court shall be final. Such appeal shall be heard without costs to either party.
[ 2013 c 11 s 73; 2003 c 111 s 1809. Prior: 2000 c 197 s 4; 1982 c 116 s 6; 1965 c 9 s 29.79.060; prior: 1913 c 138 s 3, part; RRS s 5399, part. Formerly RCW 29.79.060. ]
NOTES:
Part headings not law—2000 c 197: See note following RCW 29A.72.050.
When the ballot title and summary are finally established, the secretary of state shall file the instrument establishing it with the proposed measure and transmit a copy thereof by mail to the person proposing the measure, the chief clerk of the house of representatives, the secretary of the senate, and to any other individuals who have made written request for such notification. Thereafter such ballot title shall be the title of the measure in all petitions, ballots, and other proceedings in relation thereto. The summary shall appear on all petitions directly following the ballot title.
[ 2003 c 111 s 1810. Prior: 2000 c 197 s 5; 1982 c 116 s 7; 1965 c 9 s 29.79.070; prior: 1913 c 138 s 4, part; RRS s 5400, part. Formerly RCW 29.79.070. ]
NOTES:
Part headings not law—2000 c 197: See note following RCW 29A.72.050.
The person proposing the measure shall print blank petitions upon single sheets of paper of good writing quality (including but not limited to newsprint) not less than eleven inches in width and not less than fourteen inches in length. Each petition at the time of circulating, signing, and filing with the secretary of state must consist of not more than one sheet with numbered lines for not more than twenty signatures, with the prescribed warning and title, be in the form required by RCW 29A.72.110, 29A.72.120, or 29A.72.130, and have a readable, full, true, and correct copy of the proposed measure printed on the reverse side of the petition.
[ 2003 c 111 s 1811; 1982 c 116 s 8; 1973 1st ex.s. c 118 s 4; 1965 c 9 s 29.79.080. Prior: (i) 1913 c 138 s 4, part; RRS s 5400, part. (ii) 1913 c 138 s 9; RRS s 5405. Formerly RCW 29.79.080. ]
Petitions for proposing measures for submission to the legislature at its next regular session must be substantially in the following form:
The warning prescribed by RCW 29A.72.140; followed by:
INITIATIVE PETITION FOR SUBMISSION TO THE LEGISLATURE
To the Honorable . . . . . ., Secretary of State of the State of Washington:
We, the undersigned citizens and legal voters of the State of Washington, respectfully direct that this petition and the proposed measure known as Initiative Measure No. . . . . and entitled (here set forth the established ballot title of the measure), a full, true, and correct copy of which is printed on the reverse side of this petition, be transmitted to the legislature of the State of Washington at its next ensuing regular session, and we respectfully petition the legislature to enact said proposed measure into law; and each of us for himself or herself says: I have personally signed this petition; I am a legal voter of the State of Washington in the city (or town) and county written after my name, my residence address is correctly stated, and I have knowingly signed this petition only once.
The following declaration must be printed on the reverse side of the petition:
I, . . . . . . . . . . . ., swear or affirm under penalty of law that I circulated this sheet of the foregoing petition, and that, to the best of my knowledge, every person who signed this sheet of the foregoing petition knowingly and without any compensation or promise of compensation willingly signed his or her true name and that the information provided therewith is true and correct. I further acknowledge that under chapter 29A.84 RCW, forgery of signatures on this petition constitutes a class C felony, and that offering any consideration or gratuity to any person to induce them to sign a petition is a gross misdemeanor, such violations being punishable by fine or imprisonment or both.
RCW 9A.46.020 applies to any conduct constituting harassment against a petition signature gatherer. This penalty does not preclude the victim from seeking any other remedy otherwise available under law.
The petition must include a place for each petitioner to sign and print his or her name, and the address, city, and county at which he or she is registered to vote.
[ 2005 c 239 s 1; 2003 c 111 s 1812; 1982 c 116 s 9; 1965 c 9 s 29.79.090. Prior: 1913 c 138 s 5, part; RRS s 5401, part. Formerly RCW 29.79.090. ]
NOTES:
Effective date—2005 c 239: "This act takes effect January 1, 2006." [ 2005 c 239 s 4.]
Petitions for proposing measures for submission to the people for their approval or rejection at the next ensuing general election must be substantially in the following form:
The warning prescribed by RCW 29A.72.140; followed by:
INITIATIVE PETITION FOR SUBMISSION TO THE PEOPLE
To the Honorable . . . . . ., Secretary of State of the State of Washington:
We, the undersigned citizens and legal voters of the State of Washington, respectfully direct that the proposed measure known as Initiative Measure No. . . . ., entitled (here insert the established ballot title of the measure), a full, true and correct copy of which is printed on the reverse side of this petition, be submitted to the legal voters of the State of Washington for their approval or rejection at the general election to be held on the . . . . . day of November, (year); and each of us for himself or herself says: I have personally signed this petition; I am a legal voter of the State of Washington, in the city (or town) and county written after my name, my residence address is correctly stated, and I have knowingly signed this petition only once.
The following declaration must be printed on the reverse side of the petition:
I, . . . . . . . . . . . ., swear or affirm under penalty of law that I circulated this sheet of the foregoing petition, and that, to the best of my knowledge, every person who signed this sheet of the foregoing petition knowingly and without any compensation or promise of compensation willingly signed his or her true name and that the information provided therewith is true and correct. I further acknowledge that under chapter 29A.84 RCW, forgery of signatures on this petition constitutes a class C felony, and that offering any consideration or gratuity to any person to induce them to sign a petition is a gross misdemeanor, such violations being punishable by fine or imprisonment or both.
RCW 9A.46.020 applies to any conduct constituting harassment against a petition signature gatherer. This penalty does not preclude the victim from seeking any other remedy otherwise available under law.
The petition must include a place for each petitioner to sign and print his or her name, and the address, city, and county at which he or she is registered to vote.
[ 2005 c 239 s 2; 2003 c 111 s 1813; 1982 c 116 s 10; 1965 c 9 s 29.79.100. Prior: 1913 c 138 s 6, part; RRS s 5402, part. Formerly RCW 29.79.100. ]
NOTES:
Effective date—2005 c 239: See note following RCW 29A.72.110.
Petitions ordering that acts or parts of acts passed by the legislature be referred to the people at the next ensuing general election, or special election ordered by the legislature, must be substantially in the following form:
The warning prescribed by RCW 29A.72.140; followed by:
PETITION FOR REFERENDUM
To the Honorable . . . . . ., Secretary of State of the State of Washington:
We, the undersigned citizens and legal voters of the State of Washington, respectfully order and direct that Referendum Measure No. . . . . ., filed to revoke a (or part or parts of a) bill that (concise statement required by RCW 29A.72.050) and that was passed by the . . . . . . legislature of the State of Washington at the last regular (special) session of said legislature, shall be referred to the people of the state for their approval or rejection at the regular (special) election to be held on the . . . . day of November, (year); and each of us for himself or herself says: I have personally signed this petition; I am a legal voter of the State of Washington, in the city (or town) and county written after my name, my residence address is correctly stated, and I have knowingly signed this petition only once.
The following declaration must be printed on the reverse side of the petition:
I, . . . . . . . . . . . ., swear or affirm under penalty of law that I circulated this sheet of the foregoing petition, and that, to the best of my knowledge, every person who signed this sheet of the foregoing petition knowingly and without any compensation or promise of compensation willingly signed his or her true name and that the information provided therewith is true and correct. I further acknowledge that under chapter 29A.84 RCW, forgery of signatures on this petition constitutes a class C felony, and that offering any consideration or gratuity to any person to induce them to sign a petition is a gross misdemeanor, such violations being punishable by fine or imprisonment or both.
RCW 9A.46.020 applies to any conduct constituting harassment against a petition signature gatherer. This penalty does not preclude the victim from seeking any other remedy otherwise available under law.
The petition must include a place for each petitioner to sign and print his or her name, and the address, city, and county at which he or she is registered to vote.
[ 2013 c 11 s 74; 2005 c 239 s 3; 2003 c 111 s 1814; 1993 c 256 s 10; 1982 c 116 s 11; 1965 c 9 s 29.79.110. Prior: 1913 c 138 s 7, part; RRS s 5403, part. Formerly RCW 29.79.110. ]
NOTES:
Effective date—2005 c 239: See note following RCW 29A.72.110.
Severability—Effective date—1993 c 256: See notes following RCW 29A.84.280.
The word "warning" and the following warning statement regarding signing petitions must appear on petitions as prescribed by this title and must be printed on each petition sheet such that they occupy not less than four square inches of the front of the petition sheet.
WARNING
Every person who signs this petition with any other than his or her true name, knowingly signs more than one of these petitions, signs this petition when he or she is not a legal voter, or makes any false statement on this petition may be punished by fine or imprisonment or both.
[ 2003 c 111 s 1815; 1993 c 256 s 5. Formerly RCW 29.79.115. ]
NOTES:
Severability—Effective date—1993 c 256: See notes following RCW 29A.84.280.
When the person proposing any initiative measure has obtained signatures of legal voters equal to or exceeding eight percent of the votes cast for the office of governor at the last regular gubernatorial election prior to the submission of the signatures for verification, or when the person or organization demanding any referendum of an act or part of an act of the legislature has obtained a number of signatures of legal voters equal to or exceeding four percent of the votes cast for the office of governor at the last regular gubernatorial election prior to the submission of the signatures for verification, the petition containing the signatures may be submitted to the secretary of state for filing.
[ 2003 c 111 s 1816; 1982 c 116 s 12; 1965 c 9 s 29.79.120. Prior: 1913 c 138 s 11, part; RRS s 5407, part. See also State Constitution Art. 2 s 1A (Amendment 30), (L. 1955, p. 1860, S.J.R. No. 4). Formerly RCW 29.79.120. ]
The time for submitting initiative or referendum petitions to the secretary of state for filing is as follows:
(1) A referendum petition ordering and directing that the whole or some part or parts of an act passed by the legislature be referred to the people for their approval or rejection at the next ensuing general election or a special election ordered by the legislature, must be submitted not more than ninety days after the final adjournment of the session of the legislature which passed the act;
(2) An initiative petition proposing a measure to be submitted to the people for their approval or rejection at the next ensuing general election, must be submitted not less than four months before the date of such election;
(3) An initiative petition proposing a measure to be submitted to the legislature at its next ensuing regular session must be submitted not less than ten days before the commencement of the session.
[ 2003 c 111 s 1817. Prior: 1965 c 9 s 29.79.140; prior: 1913 c 138 s 12, part; RRS s 5408, part. Formerly RCW 29.79.140. ]
NOTES:
Initiative, referendum, time for filing: State Constitution Art. 2 s 1 (a) and (d) (Amendment 7).
Measures, petitions, time for filing various types: RCW 29A.72.030.
The secretary of state may refuse to file any initiative or referendum petition being submitted upon any of the following grounds:
(1) That the petition does not contain the information required by RCW 29A.72.110, 29A.72.120, or 29A.72.130.
(2) That the petition clearly bears insufficient signatures.
(3) That the time within which the petition may be filed has expired.
In case of such refusal, the secretary of state shall endorse on the petition the word "submitted" and the date, and retain the petition pending appeal.
If none of the grounds for refusal exists, the secretary of state must accept and file the petition.
[ 2003 c 111 s 1818; 1982 c 116 s 13; 1965 c 9 s 29.79.150. Prior: (i) 1913 c 138 s 11, part; RRS s 5407, part. (ii) 1913 c 138 s 12, part; RRS s 5408, part. Formerly RCW 29.79.150. ]
If the secretary of state refuses to file an initiative or referendum petition when submitted for filing, the persons submitting it for filing may, within ten days after the refusal, apply to the superior court of Thurston county for an order requiring the secretary of state to bring the petitions before the court, and for a writ of mandate to compel the secretary of state to file it. The application takes precedence over other cases and matters and must be speedily heard and determined.
If the court issues the citation, and determines that the petition is legal in form and apparently contains the requisite number of signatures and was submitted for filing within the time prescribed in the Constitution, it shall issue its mandate requiring the secretary of state to file it as of the date of submission for filing.
The decision of the superior court granting a writ of mandate is final.
[ 2003 c 111 s 1819; 1965 c 9 s 29.79.160. Prior: 1913 c 138 s 13, part; RRS s 5409, part. Formerly RCW 29.79.160. ]
NOTES:
Initiative, referendum, time for filing: State Constitution Art. 2 s 1 (a) and (d) (Amendment 7).
The decision of the superior court refusing to grant a writ of mandate may be reviewed by the supreme court within five days after the decision of the superior court. The review must be considered an emergency matter of public concern, and be heard and determined with all convenient speed. If the supreme court decides that the petitions are legal in form and apparently contain the requisite number of signatures of legal voters, and were filed within the time prescribed in the Constitution, it shall issue its mandate directing the secretary of state to file the petition as of the date of submission.
[ 2003 c 111 s 1820; 1988 c 202 s 28; 1965 c 9 s 29.79.170. Prior: 1913 c 138 s 13, part; RRS s 5409, part. Formerly RCW 29.79.170. ]
NOTES:
Rules of court: Writ procedure superseded by RAP 2.1(b), 2.2, 18.22.
Severability—1988 c 202: See note following RCW 2.24.050.
If no appeal is taken from the refusal of the secretary of state to file a petition within the time prescribed, or if an appeal is taken and the secretary of state is not required to file the petition by the mandate of either the superior or the supreme court, the secretary of state shall destroy it.
[ 2003 c 111 s 1821. Prior: 1965 c 9 s 29.79.180; prior: 1913 c 138 s 13, part; RRS s 5409, part. Formerly RCW 29.79.180. ]
If the secretary of state accepts and files an initiative or referendum petition upon its being submitted for filing or if he or she is required to file it by the court, he or she shall, in the presence of the person submitting such petition for filing if he or she desires to be present, arrange and assemble the sheets containing the signatures into such volumes as will be most convenient for verification and canvassing and shall consecutively number the volumes and stamp the date of filing on each volume.
[ 2003 c 111 s 1822. Prior: 1982 c 116 s 14; 1965 c 9 s 29.79.190; prior: 1913 c 138 s 14; RRS s 5410. Formerly RCW 29.79.190. ]
Upon the filing of an initiative or referendum petition, the secretary of state shall proceed to verify and canvass the names of the legal voters on the petition. The verification and canvass of signatures on the petition may be observed by persons representing the advocates and opponents of the proposed measure so long as they make no record of the names, addresses, or other information on the petitions or related records during the verification process except upon the order of the superior court of Thurston county. The secretary of state may limit the number of observers to not less than two on each side, if in his or her opinion, a greater number would cause undue delay or disruption of the verification process. Any such limitation shall apply equally to both sides. The secretary of state may use any statistical sampling techniques for this verification and canvass which have been adopted by rule as provided by chapter 34.05 RCW. No petition will be rejected on the basis of any statistical method employed, and no petition will be accepted on the basis of any statistical method employed if such method indicates that the petition contains fewer than the requisite number of signatures of legal voters. If the secretary of state finds the same name signed to more than one petition, he or she shall reject all but the first such valid signature. For an initiative to the legislature, the secretary of state shall transmit a certified copy of the proposed measure to the legislature at the opening of its session and, as soon as the signatures on the petition have been verified and canvassed, the secretary of state shall send to the legislature a certificate of the facts relating to the filing, verification, and canvass of the petition.
[ 2003 c 111 s 1823. Prior: 1993 c 368 s 1; 1982 c 116 s 15; 1977 ex.s. c 361 s 105; 1969 ex.s. c 107 s 1; 1965 c 9 s 29.79.200; prior: 1933 c 144 s 1; 1913 c 138 s 15; RRS s 5411. Formerly RCW 29.79.200. ]
NOTES:
Effective date—1993 c 368: "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 shall take effect July 1, 1993." [ 1993 c 368 s 2.]
Effective date—Severability—1977 ex.s. c 361: See notes following RCW 29A.16.040.
Any citizen dissatisfied with the determination of the secretary of state that an initiative or referendum petition contains or does not contain the requisite number of signatures of legal voters may, within five days after such determination, apply to the superior court of Thurston county for a citation requiring the secretary of state to submit the petition to said court for examination, and for a writ of mandate compelling the certification of the measure and petition, or for an injunction to prevent the certification thereof to the legislature, as the case may be. Such application and all proceedings had thereunder shall take precedence over other cases and shall be speedily heard and determined.
The decision of the superior court granting or refusing to grant the writ of mandate or injunction may be reviewed by the supreme court within five days after the decision of the superior court, and if the supreme court decides that a writ of mandate or injunction, as the case may be, should issue, it shall issue the writ directed to the secretary of state; otherwise, it shall dismiss the proceedings. The clerk of the supreme court shall forthwith notify the secretary of state of the decision of the supreme court.
[ 2003 c 111 s 1824. Prior: 1988 c 202 s 29; 1965 c 9 s 29.79.210; prior: 1913 c 138 s 17; RRS s 5413. Formerly RCW 29.79.210. ]
NOTES:
Rules of court: Writ procedure superseded by RAP 2.1(b), 2.2, 18.22.
Severability—1988 c 202: See note following RCW 2.24.050.
If a referendum or initiative petition for submission of a measure to the people is found sufficient, the secretary of state shall at the time and in the manner that he or she certifies to the county auditors of the various counties the names of candidates for state and district officers certify to each county auditor the serial numbers and ballot titles of the several initiative and referendum measures to be voted upon at the next ensuing general election or special election ordered by the legislature.
[ 2023 c 109 s 5; 2013 c 11 s 75; 2008 c 1 s 10 (Initiative Measure No. 960, approved November 6, 2007); 2003 c 111 s 1825; 1965 c 9 s 29.79.230. Prior: 1913 c 138 s 19; RRS s 5415. Formerly RCW 29.79.230. ]
NOTES:
Findings—2023 c 109: See note following RCW 29A.32.070.
Findings—Intent—Construction—Severability—Subheadings and part headings not law—Short title—Effective date—2008 c 1 (Initiative Measure No. 960): See notes following RCW 43.135.031.
Whenever any measure proposed by initiative petition for submission to the legislature is rejected by the legislature or the legislature takes no action thereon before the end of the regular session at which it is submitted, the secretary of state shall certify the serial number and ballot title thereof to the county auditors for printing on the ballots at the next ensuing general election in like manner as initiative measures for submission to the people are certified.
[ 2003 c 111 s 1826. Prior: 1965 c 9 s 29.79.270; prior: 1913 c 138 s 21; RRS s 5417. Formerly RCW 29.79.270. ]
If the legislature, having rejected a measure submitted to it by initiative petition, proposes a different measure dealing with the same subject, the secretary of state shall give that measure the same number as that borne by the initiative measure followed by the letter "B." Such measure so designated as "Alternative Measure No. . . . . B," together with the ballot title thereof, when ascertained, shall be certified by the secretary of state to the county auditors for printing on the ballots for submission to the voters for their approval or rejection in like manner as initiative measures for submission to the people are certified.
[ 2003 c 111 s 1827. Prior: 1965 c 9 s 29.79.280; prior: 1913 c 138 s 22, part; RRS s 5418, part. Formerly RCW 29.79.280. ]
For a measure designated as "Alternative Measure No. . . . . B," the secretary of state shall obtain from the measure adopting the alternative, or otherwise the attorney general, a concise description of the alternative measure that differs from the concise description of the original initiative and indicates as clearly as possible the essential differences between the two measures.
[ 2003 c 111 s 1828. Prior: 2000 c 197 s 6; 1965 c 9 s 29.79.290; prior: 1913 c 138 s 22, part; RRS s 5418, part. Formerly RCW 29.79.290. ]
NOTES:
Part headings not law—2000 c 197: See note following RCW 29A.72.050.
The county auditor of each county shall print the serial numbers, ballot titles, and public investment impact disclosures certified by the secretary of state on the official ballots for the election at which initiative and referendum measures are to be submitted to the people for their approval or rejection. They must appear under separate headings in the order of the serial numbers as follows:
(1) Initiatives to the people;
(2) Referendum measures;
(3) Referendum bills;
(4) Initiatives to the legislature;
(5) Initiatives to the legislature and legislative alternatives;
(6) Proposed constitutional amendments.
[ 2023 c 109 s 6; 2022 c 114 s 4; 2013 c 11 s 76; 2008 c 1 s 11 (Initiative Measure No. 960, approved November 6, 2007); 2003 c 111 s 1829; 1965 c 9 s 29.79.300. Prior: 1913 c 138 s 23; RRS s 5419. Formerly RCW 29.79.300. ]
NOTES:
Findings—2023 c 109: See note following RCW 29A.32.070.
Findings—2022 c 114: See note following RCW 29A.72.027.
Findings—Intent—Construction—Severability—Subheadings and part headings not law—Short title—Effective date—2008 c 1 (Initiative Measure No. 960): See notes following RCW 43.135.031.
(1) It is the responsibility of each county, municipal corporation, and special purpose district with a governing body comprised of internal director, council, or commissioner districts not based on statutorily required land ownership criteria to periodically redistrict its governmental unit, based on population information from the most recent federal decennial census as adjusted by RCW 44.05.140.
(2) Within forty-five days after receipt of federal decennial census information applicable to a specific local area, the commission established in RCW 44.05.030 shall forward the census information to each municipal corporation, county, and district charged with redistricting under this section.
(3) Except as otherwise provided in chapter 301, Laws of 2018, no later than November 15th of each year ending in one, the governing body of the municipal corporation, county, or district shall prepare a plan for redistricting its internal or director districts.
(4) The plan shall be consistent with the following criteria:
(a) Each internal director, council, or commissioner district shall be as nearly equal in population as possible to each and every other such district comprising the municipal corporation, county, or special purpose district.
(b) Each district shall be as compact as possible.
(c) Each district shall consist of geographically contiguous area.
(d) Population data may not be used for purposes of favoring or disfavoring any racial group or political party.
(e) To the extent feasible and if not inconsistent with the basic enabling legislation for the municipal corporation, county, or district, the district boundaries shall coincide with existing recognized natural boundaries and shall, to the extent possible, preserve existing communities of related and mutual interest.
(5) During the adoption of its plan, the municipal corporation, county, or district shall ensure that full and reasonable public notice of its actions is provided. Before adopting the plan, the municipal corporation, county, or district must:
(a) Publish the draft plan and hold a meeting, including notice and comment, within ten days of publishing the draft plan and at least one week before adopting the plan; and
(b) Amend the draft as necessary after receiving public comments and resubmit any amended draft plan for additional written public comment at least one week before adopting the plan.
(6)(a) Any registered voter residing in an area affected by the redistricting plan may request review of the adopted local plan by the superior court of the county in which he or she resides, within fifteen days of the plan's adoption. Any request for review must specify the reason or reasons alleged why the local plan is not consistent with the applicable redistricting criteria. The municipal corporation, county, or district may be joined as respondent. The superior court shall thereupon review the challenged plan for compliance with the applicable redistricting criteria set out in subsection (4) of this section.
(b) If the superior court finds the plan to be consistent with the requirements of this section, the plan shall take effect immediately.
(c) If the superior court determines the plan does not meet the requirements of this section, in whole or in part, it shall remand the plan for further or corrective action within a specified and reasonable time period.
(d) If the superior court finds that any request for review is frivolous or has been filed solely for purposes of harassment or delay, it may impose appropriate sanctions on the party requesting review, including payment of attorneys' fees and costs to the respondent municipal corporation, county, or district.
[ 2022 c 48 s 2; (2022 c 48 s 1 expired January 1, 2023); 2021 c 173 s 2; (2021 c 173 s 1 expired January 1, 2023); 2018 c 301 s 8; 2011 c 349 s 26; 2003 c 111 s 1901. Prior: 1984 c 13 s 4; 1983 c 16 s 15; 1982 c 2 s 27. Formerly RCW 29.70.100. ]
NOTES:
Effective date—2022 c 48 s 2: "Section 2 of this act takes effect January 1, 2023." [ 2022 c 48 s 4.]
Expiration date—2022 c 48 s 1: "Section 1 of this act expires January 1, 2023." [ 2022 c 48 s 3.]
Effective date—2021 c 173 ss 2 and 4: "Sections 2 and 4 of this act take effect January 1, 2023." [ 2021 c 173 s 6.]
Effective date—2021 c 173 ss 1 and 3: "Sections 1 and 3 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect immediately [May 3, 2021]." [ 2021 c 173 s 7.]
Expiration date—2021 c 173 ss 1 and 3: "Sections 1 and 3 of this act expire January 1, 2023." [ 2021 c 173 s 5.]
Findings—Short title—2018 c 301: See notes following RCW 36.32.051.
Effective date—2011 c 349: See note following RCW 29A.04.255.
Contingent effective date—1983 c 16: See RCW 44.05.900.
The legislative authority of each county and each city, town, and special purpose district which lies within the county shall provide the county auditor accurate information describing its geographical boundaries and the boundaries of its director, council, or commissioner districts and shall ensure that the information provided to the auditor is kept current.
[ 2013 c 11 s 77; 2003 c 111 s 1902. Prior: 1991 c 178 s 2. Formerly RCW 29.15.026, 29.04.220. ]
(1) With regard to functions relating to census, apportionment, and the establishment of legislative and congressional districts, the secretary of state shall:
(a) Coordinate and monitor precinct mapping functions of the county auditors and county engineers;
(b) Maintain official state base maps and correspondence lists and maintain an index of all such maps and lists;
(c) Furnish to the United States bureau of the census as needed for the decennial census of population, current, accurate, and easily readable versions of maps of all counties, cities, towns, and other areas of this state, which indicate current precinct boundaries together with copies of the census correspondence lists.
(2) The secretary of state shall serve as the state liaison with the United States bureau of census on matters relating to the preparation of maps and the tabulation of population for apportionment purposes.
[ 2003 c 111 s 1904; 1989 c 278 s 2; 1977 ex.s. c 128 s 4; 1975-'76 2nd ex.s. c 129 s 2. Formerly RCW 29.04.140. ]
NOTES:
Severability—1977 ex.s. c 128: See note following RCW 29A.16.040.
Effective date—1975-'76 2nd ex.s. c 129: "This 1976 amendatory act shall take effect on February 1, 1977." [1975-'76 2nd ex.s. c 129 s 5.]
Severability—1975-'76 2nd ex.s. c 129: "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 129 s 6.]
In any change to its electoral system under RCW 29A.92.040 or preparation of a redistricting plan under RCW 29A.92.040, political subdivisions may use population data regarding political parties only to the extent necessary to ensure compliance with chapter 113, Laws of 2018 or federal law.
[ 2018 c 113 s 502. ]
NOTES:
Findings—Intent—Short title—2018 c 113: See RCW 29A.92.005 and 29A.92.900.
Each political party organization may adopt rules governing its own organization and the nonstatutory functions of that organization.
[ 2005 c 2 s 14 (Initiative Measure No. 872, approved November 2, 2004); 2003 c 111 s 2001; 1977 ex.s. c 329 s 16; 1965 c 9 s 29.42.010. Prior: 1961 c 130 s 2; prior: 1943 c 178 s 1, part; 1939 c 48 s 1, part; 1927 c 200 s 1, part; 1925 ex.s. c 158 s 1, part; 1909 c 82 s 6, part; 1907 c 209 s 22, part; Rem. Supp. 1943 s 5198, part. Formerly RCW 29.42.010. ]
NOTES:
Reviser's note: RCW 29A.80.010 was amended by 2005 c 2 s 14 (Initiative Measure No. 872) without cognizance of its repeal by 2004 c 271 s 193. For rule of construction, 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.
PDFRCW 29A.80.010
Authority—Generally.
[ 2003 c 111 s 2001; 1977 ex.s. c 329 s 16; 1965 c 9 s 29.42.010. Prior: 1961 c 130 s 2; prior: 1943 c 178 s 1, part; 1939 c 48 s 1, part; 1927 c 200 s 1, part; 1925 ex.s. c 158 s 1, part; 1909 c 82 s 6, part; 1907 c 209 s 22, part; Rem. Supp. 1943 s 5198, part. Formerly RCW 29.42.010.]
Reviser's note: RCW 29A.80.010 was amended by 2005 c 2 s 14 (Initiative Measure No. 872) without cognizance of its repeal by 2004 c 271 s 193. For rule of construction, see RCW 1.12.025.
The state committee of each major political party consists of one committeeman and one committeewoman from each county elected by the county central committee at its organization meeting. It must have a chair and vice chair of opposite sexes. This committee shall meet during January of each odd-numbered year for the purpose of organization at a time and place designated by a notice mailed at least one week before the date of the meeting to all new state committeemen and committeewomen by the authorized officers of the retiring committee. At its organizational meeting it shall elect its chair and vice chair, and such officers as its bylaws may provide, and adopt bylaws, rules, and regulations. It may:
(1) Call conventions at such time and place and under such circumstances and for such purposes as the call to convention designates. The manner, number, and procedure for selection of state convention delegates is subject to the committee's rules and regulations duly adopted;
(2) Provide for the election of delegates to national conventions;
(3) Provide for the nomination of presidential electors; and
(4) Perform all functions inherent in such an organization.
Notwithstanding any provision of this chapter, the committee may not adopt rules governing the conduct of the actual proceedings at a party state convention.
[ 2013 c 11 s 79; 2003 c 111 s 2002; 1987 c 295 s 11; 1972 ex.s. c 45 s 1; 1965 c 9 s 29.42.020. Prior: 1961 c 130 s 3; prior: 1943 c 178 s 1, part; 1939 c 48 s 1, part; 1927 c 200 s 1, part; 1925 ex.s. c 158 s 1, part; 1909 c 82 s 6, part; 1907 c 209 s 22, part; Rem. Supp. 1943 s 5198, part. Formerly RCW 29.42.020. ]
The county central committee of each major political party consists of the precinct committee officers of the party from the several voting precincts of the county. Following each state general election held in even-numbered years, this committee shall meet for the purpose of organization at an easily accessible location within the county, subsequent to the certification of precinct committee officers by the county auditor and no later than the second Saturday of the following January. The authorized officers of the retiring committee shall cause notice of the time and place of the meeting to be mailed to each precinct committee officer at least seventy-two hours before the date of the meeting.
At its organization meeting, the county central committee shall elect a chair and vice chair of opposite sexes.
[ 2003 c 111 s 2003; 1987 c 295 s 12; 1973 c 85 s 1; 1973 c 4 s 5; 1965 c 9 s 29.42.030. Prior: 1961 c 130 s 4; prior: 1943 c 178 s 1, part; 1939 c 48 s 1, part; 1927 c 200 s 1, part; 1925 ex.s. c 158 s 1, part; 1909 c 82 s 6, part; 1907 c 209 s 22, part; Rem. Supp. 1943 s 5198, part. Formerly RCW 29.42.030. ]
If a vacancy occurs in the office of precinct committee officer by reason of death, resignation, or disqualification of the incumbent, or because of failure to elect, the respective county chair of the county central committee shall fill the vacancy by appointment. However, in a legislative district having a majority of its precincts in a county with a population of one million or more, the appointment may be made only upon the recommendation of the legislative district chair. The person so appointed must have the same qualifications as candidates when filing for election to the office for that precinct. When a vacancy in the office of precinct committee officer exists because of failure to elect at a state primary, the vacancy may not be filled until after the organization meeting of the county central committee and the new county chair has been selected as provided by RCW 29A.80.030.
[ 2004 c 271 s 120. Formerly RCW 29A.28.071. ]
(1) Any member of a major political party who is a registered voter in the precinct and who will be at least eighteen years old by the date of the precinct committee officer election may file his or her declaration of candidacy as prescribed under RCW 29A.24.031 with the county auditor for the office of precinct committee officer of his or her party in that precinct.
(2) Disclosure of filing information for precinct committee officer candidates who have not reached the age of 18 is the same as all candidates for precinct committee officer.
(3) When elected at the primary, the precinct committee officer shall serve so long as the committee officer remains an eligible voter in that precinct.
[ 2023 c 361 s 11; 2020 c 208 s 19; 2009 c 106 s 3; 2004 c 271 s 148. ]
NOTES:
Short title—Findings—2020 c 208: See notes following RCW 29A.08.210.
The statutory requirements for filing as a candidate at the primaries apply to candidates for precinct committee officer. The office must be voted upon at the primaries, and the names of all candidates in contested races must appear under the proper party and office designations on the ballot for the primary for each even-numbered year. The candidate receiving the highest number of votes will be declared elected. The term of office of precinct committee officer is two years, commencing the first day of December following the primary.
[ 2012 c 89 s 5; 2004 c 271 s 149. ]
NOTES:
Intent—Finding—Effective date—2012 c 89: See notes following RCW 29A.24.311.
Within 45 days after the statewide general election in even-numbered years, the county chair of each major political party shall call separate meetings of all elected precinct committee officers in each legislative district for the purpose of selecting a legislative district chair in such district. The district chair shall hold office until the next legislative district reorganizational meeting two years later, or until a successor is selected.
The legislative district chair may be removed only by the majority vote of the elected precinct committee officers in the chair's district.
[ 2024 c 232 s 4; 2004 c 271 s 150. ]
(1) A county auditor who suspects a person of fraudulent voter registration, vote tampering, or irregularities in voting shall transmit his or her suspicions and observations without delay to the canvassing board.
(2) The county auditor shall make a good faith effort to contact the person in question without delay. If the county auditor is unable to contact the person, or if, after contacting the person, the auditor still suspects fraudulent voter registration, vote tampering, or irregularities in voting, the auditor shall refer the issue to the county prosecuting attorney to determine if further action is warranted.
(3) When a complaint providing information concerning fraudulent voter registration, vote tampering, or irregularities in voting is presented to the office of the prosecuting attorney, that office shall file charges in all cases where warranted.
[ 2003 c 111 s 2101; 2001 c 41 s 12. Formerly RCW 29.85.245. ]
Every officer who willfully violates RCW 29A.56.110 through 29A.56.270, for the violation of which no penalty is prescribed in this title or who willfully fails to comply with the provisions of RCW 29A.56.110 through 29A.56.270 is guilty of a gross misdemeanor.
[ 2011 c 10 s 67; 2003 c 111 s 2102; 1965 c 9 s 29.82.210. Prior: 1953 c 113 s 1; prior: 1913 c 146 s 16, part; RRS s 5365, part. Formerly RCW 29.82.210. ]
NOTES:
Notice to registered poll voters—Elections by mail—2011 c 10: See note following RCW 29A.04.008.
A person who willfully violates any provision of this title regarding the conduct of mail ballot primaries or elections is guilty of a class C felony punishable under RCW 9A.20.021.
[ 2003 c 111 s 2103; 2001 c 241 s 21. Formerly RCW 29.38.070. ]
A person who removes or defaces lawfully placed political advertising including yard signs or billboards without authorization is guilty of a misdemeanor punishable to the same extent as a misdemeanor that is punishable under RCW 9A.20.021. The defacement or removal of each item constitutes a separate violation.
[ 2003 c 111 s 2104. Prior: 1991 c 81 s 19; 1984 c 216 s 5. Formerly RCW 29.85.275. ]
NOTES:
Effective date—1991 c 81: See note following RCW 29A.84.540.
Political advertising
generally: RCW 29B.30.050 through 29B.30.080.
rates for candidates: RCW 65.16.095.
(1) A person who knowingly destroys, alters, defaces, conceals, or discards a completed voter registration form, signed ballot declaration, or voted ballot is guilty of a gross misdemeanor. This section does not apply to (a) the voter who completed the form or declaration, or (b) a county auditor who acts as authorized by law.
(2) Any person who intentionally fails to return another person's completed voter registration form, signed ballot declaration, or voted ballot to the proper state or county elections office by the applicable deadline is guilty of a gross misdemeanor.
[ 2024 c 28 s 10; 2011 c 10 s 68; 2005 c 243 s 23. ]
NOTES:
Notice to registered poll voters—Elections by mail—2011 c 10: See note following RCW 29A.04.008.
(1) The attorney general may bring a civil action for such declaratory or injunctive relief as is necessary to carry out the provisions of RCW 29A.40.170 (3) and (4) in the superior court of the county in which the violation is alleged to have occurred.
(2) A person or federally recognized tribal government may bring a civil action for declaratory or injunctive relief with respect to RCW 29A.08.112(3), 29.08.310(2), or 29A.40.170 (3) and (4), in the superior court of the county in which the violation is alleged to have occurred if:
(a) In the case of a violation that occurs more than one hundred twenty days before an election, that person or tribal government provides notice of the violation to the secretary of state, the violation remains, and ninety days or more have passed since the secretary of state has received the written notice;
(b) In the case of a violation that occurs one hundred twenty days or fewer before an election, that person or tribal government provides notice of the violation to the secretary of state, the violation remains and twenty days or more have passed since the secretary of state has received the written notice; or
(c) In the case of a violation that occurs thirty days or fewer before an election, without providing notice of the violation to the secretary of state.
[ 2019 c 6 s 7. ]
If any county auditor or registration assistant, including government agency employees providing voter registration services under the requirements of state law or the national voter registration act of 1993:
(1) Willfully neglects or refuses to perform any duty required by law in connection with the registration of voters; or
(2) Willfully neglects or refuses to perform such duty in the manner required by voter registration law; or
(3) Enters or causes or permits to be entered on the voter registration records the name of any person in any other manner or at any other time than as prescribed by voter registration law or enters or causes or permits to be entered on such records the name of any person not entitled to be thereon; or
(4) Destroys, mutilates, conceals, changes, or alters any registration record in connection therewith except as authorized by voter registration law,
that person is guilty of a gross misdemeanor punishable to the same extent as a gross misdemeanor that is punishable under RCW 9A.20.021.
[ 2023 c 466 s 33; 2003 c 111 s 2105. Prior: 1994 c 57 s 24; 1991 c 81 s 11; 1965 c 9 s 29.85.190; prior: 1933 c 1 s 26; RRS s 5114-26; prior: 1889 p 418 s 15; RRS s 5133. Formerly RCW 29.07.400, 29.85.190. ]
NOTES:
Severability—1994 c 57: See note following RCW 29A.16.040.
Effective date—1991 c 81: See note following RCW 29A.84.540.
An election officer or a person who intentionally disenfranchises an eligible citizen or discriminates against a person eligible to vote by denying voter registration is guilty of a misdemeanor punishable under RCW 9A.20.021.
[ 2003 c 111 s 2106. Prior: 2001 c 41 s 2. Formerly RCW 29.07.405. ]
Any person who:
(1) Knowingly provides false information on an application for voter registration under any provision of this title;
(2) Knowingly makes or attests to a false declaration as to his or her qualifications as a voter;
(3) Knowingly causes or permits himself or herself to be registered using the name of another person;
(4) Knowingly causes himself or herself to be registered under two or more different names;
(5) Knowingly causes himself or herself to be registered in two or more counties;
(6) Offers to pay another person to assist in registering voters, where payment is based on a fixed amount of money per voter registration;
(7) Accepts payment for assisting in registering voters, where payment is based on a fixed amount of money per voter registration; or
(8) Knowingly causes any person to be registered or causes any registration to be transferred or canceled except as authorized under this title,
is guilty of a class C felony punishable under RCW 9A.20.021.
[ 2003 c 111 s 2107. Prior: 1994 c 57 s 25; 1991 c 81 s 12; 1990 c 143 s 12; 1977 ex.s. c 361 s 110; 1965 c 9 s 29.85.200; prior: 1933 c 1 s 27; RRS s 5114-27; prior: 1893 c 45 s 5; 1889 p 418 s 16; RRS s 5136. Formerly RCW 29.07.410, 29.85.200. ]
NOTES:
Severability—Effective date—1994 c 57: See notes following RCW 29A.16.040.
Effective date—1991 c 81: See note following RCW 29A.84.540.
Effective date—Severability—1977 ex.s. c 361: See notes following RCW 29A.16.040.
A person who knows that he or she does not possess the legal qualifications of a voter and who registers to vote is guilty of a class C felony. This section does not apply to persons age sixteen or seventeen signing up to register to vote as authorized under RCW 29A.08.170 or 29A.08.355(2).
[ 2020 c 208 s 20; 2018 c 109 s 13; 2005 c 246 s 22; 2003 c 111 s 2108. Prior: 2001 c 41 s 13. Formerly RCW 29.85.249. ]
NOTES:
Effective date—2020 c 208 ss 7, 8, 18, 20, and 21: See note following RCW 29A.08.355.
Short title—Findings—2020 c 208: See notes following RCW 29A.08.210.
Findings—Intent—Effective date—2018 c 109: See notes following RCW 29A.08.170.
Effective date—2005 c 246: See note following RCW 10.64.140.
(1) Any state or local election officer, or a designee, who has access to any county or statewide voter registration database who knowingly uses, discloses, or alters information in the database inconsistent with the performance of his or her duties is guilty of a class C felony, punishable under RCW 9A.20.021.
(2) The Washington driver's license number, Washington identification card number, social security number, and full birthdate, shown on an affidavit of voter registration or included in a voter registration file are confidential and shall not be disclosed to any person except to state or local election officers and election officials unless authorized by the office of the secretary of state. Any state or local election officer, or designee, who knowingly violates this subsection is guilty of a class C felony punishable under RCW 9A.20.021.
[ 2026 c 213 s 2; 2004 c 267 s 138. ]
NOTES:
Effective date—2026 c 213: "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 [March 25, 2026]." [ 2026 c 213 s 3.]
Effective dates—2004 c 267: See note following RCW 29A.08.010.
Every officer who willfully violates any of the provisions of chapter 29A.72 RCW or RCW 29A.32.010 through 29A.32.121, for the violation of which no penalty is herein prescribed, or who willfully fails to comply with the provisions of chapter 29A.72 RCW or RCW 29A.32.010 through 29A.32.121, is guilty of a gross misdemeanor punishable to the same extent as a gross misdemeanor that is punishable under RCW 9A.20.021.
[ 2013 c 11 s 80; 2003 c 111 s 2109; 1993 c 256 s 3; 1965 c 9 s 29.79.480. Prior: 1913 c 138 s 32, part; RRS s 5428, part. Formerly RCW 29.79.480. ]
NOTES:
Severability—Effective date—1993 c 256: See notes following RCW 29A.84.280.
Every person is guilty of a gross misdemeanor, who:
(1) For any consideration, compensation, gratuity, reward, or thing of value or promise thereof, signs or declines to sign any recall petition; or
(2) Advertises in any newspaper, magazine or other periodical publication, or in any book, pamphlet, circular, or letter, or by means of any sign, signboard, bill, poster, handbill, or card, or in any manner whatsoever, that he or she will either for or without compensation or consideration circulate, solicit, procure, or obtain signatures upon, or influence or induce or attempt to influence or induce persons to sign or not to sign any recall petition or vote for or against any recall; or
(3) For pay or any consideration, compensation, gratuity, reward, or thing of value or promise thereof, circulates, or solicits, procures, or obtains or attempts to procure or obtain signatures upon any recall petition; or
(4) Pays or offers or promises to pay, or gives or offers or promises to give any consideration, compensation, gratuity, reward, or thing of value to any person to induce him or her to sign or not to sign, or to circulate or solicit, procure, or attempt to procure or obtain signatures upon any recall petition, or to vote for or against any recall; or
(5) By any other corrupt means or practice or by threats or intimidation interferes with or attempts to interfere with the right of any legal voter to sign or not to sign any recall petition or to vote for or against any recall; or
(6) Receives, accepts, handles, distributes, pays out, or gives away, directly or indirectly, any money, consideration, compensation, gratuity, reward, or thing of value contributed by or received from any person, firm, association, or corporation whose residence or principal office is, or the majority of whose stockholders are nonresidents of the state of Washington, for any service, work, or assistance of any kind done or rendered for the purpose of aiding in procuring signatures upon any recall petition or the adoption or rejection of any recall.
[ 2003 c 111 s 2110; 1984 c 170 s 12; 1965 c 9 s 29.82.220. Prior: 1953 c 113 s 2; prior: 1913 c 146 s 16, part; RRS s 5365, part. Formerly RCW 29.82.220. ]
NOTES:
Misconduct in signing a petition: RCW 9.44.080.
(1) Every person who signs an initiative or referendum petition with any other than his or her true name is guilty of a class C felony punishable under RCW 9A.20.021.
(2) Every person who knowingly signs more than one petition for the same initiative or referendum measure or who signs an initiative or referendum petition knowing that he or she is not a legal voter or who makes a false statement as to his or her residence on any initiative or referendum petition, is guilty of a gross misdemeanor.
[ 2003 c 111 s 2111; 2003 c 53 s 182; 1993 c 256 s 2; 1965 c 9 s 29.79.440. Prior: 1913 c 138 s 31; RRS s 5427. Formerly RCW 29.79.440, 29.79.450, 29.79.460, 29.79.470. ]
NOTES:
Reviser's note: This section was amended by 2003 c 53 s 182 and by 2003 c 111 s 2111, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
Severability—Effective date—1993 c 256: See notes following RCW 29A.84.280.
Misconduct in signing a petition: RCW 9.44.080.
Only registered voters may vote—Exception: RCW 29A.04.210.
Registration, information from voter as to qualifications: RCW 29A.08.210.
Residence
contingencies affecting: State Constitution Art. 6 s 4.
defined: RCW 29A.04.151.
(1) Every person who signs a recall petition with any other than his or her true name is guilty of a class B felony punishable according to chapter 9A.20 RCW.
(2) Every person who knowingly (a) signs more than one petition for the same recall, (b) signs a recall petition when he or she is not a legal voter, or (c) makes a false statement as to residence on any recall petition is guilty of a gross misdemeanor.
(3) Every registration officer who makes any false report or certificate on any recall petition is guilty of a gross misdemeanor.
[ 2004 c 266 s 19. Prior: 2003 c 111 s 2112; 2003 c 53 s 183; 1984 c 170 s 11; 1965 c 9 s 29.82.170; prior: 1913 c 146 s 15; RRS s 5364. Formerly RCW 29.82.170, 29.82.180, 29.82.190, 29.82.200. ]
NOTES:
Effective date—2004 c 266: See note following RCW 29A.04.575.
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
Misconduct in signing a petition: RCW 9.44.080.
Every person is guilty of a gross misdemeanor who:
(1) For any consideration or gratuity or promise thereof, signs or declines to sign any initiative or referendum petition; or
(2) Provides or receives consideration for soliciting or procuring signatures on an initiative or referendum petition if any part of the consideration is based upon the number of signatures solicited or procured, or offers to provide or agrees to receive such consideration any of which is based on the number of signatures solicited or procured; or
(3) Gives or offers any consideration or gratuity to any person to induce him or her to sign or not to sign or to vote for or against any initiative or referendum measure; or
(4) Interferes with or attempts to interfere with the right of any voter to sign or not to sign an initiative or referendum petition or with the right to vote for or against an initiative or referendum measure by threats, intimidation, or any other corrupt means or practice; or
(5) Receives, handles, distributes, pays out, or gives away, directly or indirectly, money or any other thing of value contributed by or received from any person, firm, association, or corporation whose residence or principal office is, or the majority of whose members or stockholders have their residence outside, the state of Washington, for any service rendered for the purpose of aiding in procuring signatures upon any initiative or referendum petition or for the purpose of aiding in the adoption or rejection of any initiative or referendum measure. This subsection does not apply to or prohibit any activity that is properly reported in accordance with the applicable provisions of Title 29B RCW.
A gross misdemeanor under this section is punishable to the same extent as a gross misdemeanor that is punishable under RCW 9A.20.021.
[ 2024 c 164 s 508; 2011 c 60 s 14; 2003 c 111 s 2113; 1993 c 256 s 4; 1975-'76 2nd ex.s. c 112 s 2; 1965 c 9 s 29.79.490. Prior: 1913 c 138 s 32, part; RRS s 5428, part. Formerly RCW 29.79.490. ]
NOTES:
Intent—Construction—Rules remain valid—Effective date—2024 c 164: See notes following RCW 29B.10.010.
Effective date—2011 c 60: See note following RCW 29B.20.030.
Severability—Effective date—1993 c 256: See notes following RCW 29A.84.280.
Construction—1975-'76 2nd ex.s. c 112: See note following RCW 29B.60.020.
Misconduct in signing a petition: RCW 9.44.080.
The following apply to persons signing filing fee petitions prescribed by RCW 29A.24.101:
(1) A person who signs a petition with any other than his or her name shall be guilty of a misdemeanor.
(2) A person shall be guilty of a misdemeanor if the person knowingly: Signs more than one petition for any single candidacy of any single candidate; signs the petition when he or she is not a legal voter; or makes a false statement as to his or her residence.
[ 2013 c 11 s 81; 2004 c 271 s 184. ]
Any person who with intent to mislead or confuse the electors conspires with another person who has a surname similar to an incumbent seeking reelection to the same office, or to an opponent for the same office whose political reputation has been well established, by persuading such other person to file for such office with no intention of being elected, but to defeat the incumbent or the well-known opponent, is guilty of a class B felony punishable according to chapter 9A.20 RCW. In addition, all conspirators are subject to a suit for civil damages, the amount of which may not exceed the salary that the injured person would have received had he or she been elected or reelected.
[ 2004 c 266 s 20. Prior: 2003 c 111 s 2115; 2003 c 53 s 178; 1965 c 9 s 29.18.080; prior: 1943 c 198 s 6; Rem. Supp. 1943 s 5213-15. Formerly RCW 29.15.110, 29.18.080. ]
NOTES:
Effective date—2004 c 266: See note following RCW 29A.04.575.
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
The legislature finds that paying a worker, whose task it is to secure the signatures of voters on initiative or referendum petitions, on the basis of the number of signatures the worker secures on the petitions encourages the introduction of fraud in the signature gathering process. Such a form of payment may act as an incentive for the worker to encourage a person to sign a petition which the person is not qualified to sign or to sign a petition for a ballot measure even if the person has already signed a petition for the measure. Such payments also threaten the integrity of the initiative and referendum process by providing an incentive for misrepresenting the nature or effect of a ballot measure in securing petition signatures for the measure.
[ 2003 c 111 s 2116. Prior: 1993 c 256 s 1. Formerly RCW 29.79.500. ]
NOTES:
Severability—1993 c 256: "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." [ 1993 c 256 s 15.]
Effective date—1993 c 256: "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 shall take effect immediately [May 7, 1993]." [ 1993 c 256 s 16.]
Every person who:
(1) Knowingly provides false information on his or her declaration of candidacy or petition of nomination; or
(2) Conceals or fraudulently defaces or destroys a certificate that has been filed with an elections officer under chapter 29A.20 RCW or a declaration of candidacy or petition of nomination that has been filed with an elections officer, or any part of such a certificate, declaration, or petition, is guilty of a class C felony punishable under RCW 9A.20.021.
[ 2004 c 271 s 185. ]
A person is guilty of a class B felony punishable according to chapter 9A.20 RCW who files a declaration of candidacy for any public office of:
(1) A nonexistent or fictitious person; or
(2) The name of any person not his or her true name; or
(3) A name similar to that of an incumbent seeking reelection to the same office with intent to confuse and mislead the electors by taking advantage of the public reputation of the incumbent; or
(4) A surname similar to one who has already filed for the same office, and whose political reputation is widely known, with intent to confuse and mislead the electors by capitalizing on the public reputation of the candidate who had previously filed.
[ 2003 c 111 s 2118; 2003 c 53 s 177; 1965 c 9 s 29.18.070. Prior: (i) 1943 c 198 s 2; Rem. Supp. 1943 s 5213-11. (ii) 1943 c 198 s 3; Rem. Supp. 1943 s 5213-12. Formerly RCW 29.15.100, 29.18.070. ]
NOTES:
Reviser's note: This section was amended by 2003 c 53 s 177 and by 2003 c 111 s 2118, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
Any person who is retained or employed by any officer authorized by the laws of this state to procure the printing of any official ballot or who is engaged in printing official ballots is guilty of a gross misdemeanor if the person knowingly:
(1) Appropriates any official ballot to himself or herself; or
(2) Gives or delivers any official ballot to or permits any official ballot to be taken by any person other than the officer authorized by law to receive it; or
(3) Prints or causes to be printed any official ballot: (a) In any other form than that prescribed by law or as directed by the officer authorized to procure the printing thereof; or (b) with any other names thereon or with the names spelled otherwise than as directed by such officer, or the names or printing thereon arranged in any other way than that authorized and directed by law.
A gross misdemeanor under this section is punishable to the same extent as a gross misdemeanor that is punishable under RCW 9A.20.021.
[ 2003 c 111 s 2119. Prior: 1991 c 81 s 3; 1965 c 9 s 29.85.040; prior: 1893 c 115 s 1; RRS s 5395. Formerly RCW 29.85.040. ]
NOTES:
Effective date—1991 c 81: See note following RCW 29A.84.540.
(1) It is a gross misdemeanor for a person to examine, or assist another to examine, any voter record, ballot, or any other state or local government official election material if the person, without lawful authority, conducts the examination:
(a) For the purpose of identifying the name of a voter and how the voter voted; or
(b) For the purpose of determining how a voter, whose name is known to the person, voted; or
(c) For the purpose of identifying the name of the voter who voted in a manner known to the person.
(2) Any person who reveals to another information which the person ascertained in violation of subsection (1) of this section is guilty of a gross misdemeanor.
(3) A gross misdemeanor under this section is punishable to the same extent as a gross misdemeanor that is punishable under RCW 9A.20.021.
[ 2003 c 111 s 2120. Prior: 1991 c 81 s 2; 1965 c 9 s 29.85.020; prior: 1911 c 89 s 1, part; Code 1881 s 906; 1873 p 205 s 105; 1854 p 93 s 96; RRS s 5387. Formerly RCW 29.85.020. ]
NOTES:
Effective date—1991 c 81: See note following RCW 29A.84.540.
(1) During the voting period that begins eighteen days before and ends the day of a special election, general election, or primary, no person may:
(a) Within a voting center or student engagement hub or in any public street or room in any public manner within 100 feet measured radially from the entrance to a voting center or student engagement hub or 25 feet measured radially from a ballot drop box as described in RCW 29A.40.170:
(i) Suggest or persuade or attempt to suggest or persuade any voter to vote for or against any candidate or ballot measure;
(ii) Circulate cards or handbills of any kind;
(iii) Solicit signatures to any kind of petition; or
(iv) Engage in any practice which interferes with the freedom of voters to exercise their franchise or disrupts the administration of the voting center;
(b) Engage in any activities restricted under (a) of this subsection through electronic amplification located more than 100 feet from an entrance to a voting center or student engagement hub or 25 feet from an entrance to a ballot drop box if the person is capable of being understood within 100 feet of the voting center or student engagement hub or 25 feet of the ballot drop box;
(c) Obstruct the doors or entries to a building in which a voting center or ballot drop location is located or prevent free access to and from any voting center or ballot drop location.
(2) The auditor shall post a sign at the point or points specified at each voting center as required by RCW 29A.40.160 during the voting period providing notice of the prohibition in subsection (1)(a) of this section.
(3) Any sheriff, deputy sheriff, or municipal law enforcement officer shall stop the prohibited activity, and may arrest any person engaging in the prohibited activity.
(4) Any violation of this section is a gross misdemeanor, punishable to the same extent as a gross misdemeanor that is punishable under RCW 9A.20.021, and the person convicted may be ordered to pay the costs of prosecution.
(5) Nothing in this section may be construed to limit or otherwise restrict the access of an authorized political party observer to a voting center, student engagement hub, or ballot drop box for the purpose of observing the election process.
[ 2022 c 69 s 3; 2013 c 11 s 82; 2011 c 10 s 69; 2003 c 111 s 2121. Prior: 1991 c 81 s 20; 1990 c 59 s 75; 1984 c 35 s 1; 1983 1st ex.s. c 33 s 1; 1965 c 9 s 29.51.020; prior: (i) 1947 c 35 s 1, part; 1889 p 412 s 33, part; Rem. Supp. 1947 s 5298, part. (ii) 1895 c 156 s 7, part; 1889 p 409 s 22, part; Code 1881 s 3079, part; 1865 p 34 s 4, part; RRS s 5279, part. Formerly RCW 29.51.020. ]
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.
Intent—Effective date—1990 c 59: See notes following RCW 29A.04.013.
Any election officer who does any electioneering at a voting center or ballot drop location during the voting period that begins eighteen days before and ends the day of a special election, general election, or primary is guilty of a misdemeanor, and upon conviction must be fined in any sum not exceeding one hundred dollars and pay the costs of prosecution.
[ 2013 c 11 s 83; 2011 c 10 s 70; 2003 c 111 s 2122; 1965 c 9 s 29.51.030. Prior: 1947 c 35 s 1, part; 1889 p 412 s 33, part; Rem. Supp. 1947 s 5298, part. Formerly RCW 29.51.030. ]
NOTES:
Notice to registered poll voters—Elections by mail—2011 c 10: See note following RCW 29A.04.008.
Deliberately impeding other voters from casting their votes by refusing to leave a voting booth or voting device is a misdemeanor and is subject to the penalties provided in chapter 9A.20 RCW. Election officers may provide assistance in the manner provided by RCW 29A.40.160 to any voter who requests it.
[ 2011 c 10 s 71; 2003 c 111 s 2123. Prior: 1990 c 59 s 49. Formerly RCW 29.51.221. ]
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.
Any person who, without lawful authority, removes a ballot from a voting center or ballot drop location is guilty of a class C felony punishable to the same extent as a class C felony that is punishable under RCW 9A.20.021.
[ 2017 c 283 s 3; 2011 c 10 s 72; 2003 c 111 s 2124. Prior: 1991 c 81 s 1; 1965 c 9 s 29.85.010; prior: 1893 c 115 s 2; RRS s 5396. Formerly RCW 29.85.010. ]
NOTES:
Notice to registered poll voters—Elections by mail—2011 c 10: See note following RCW 29A.04.008.
Effective date—1991 c 81: "This act shall take effect July 1, 1992." [ 1991 c 81 s 42.]
Anyone who, without authorization, removes from a voting center a paper record produced by a direct recording electronic voting device is guilty of a class C felony punishable under RCW 9A.20.021.
[ 2011 c 10 s 73; 2005 c 242 s 6. ]
NOTES:
Notice to registered poll voters—Elections by mail—2011 c 10: See note following RCW 29A.04.008.
Paper records: RCW 29A.12.085, 29A.60.095.
Any person who willfully defaces, removes, or destroys any of the supplies or materials that the person knows are intended both for use in a voting center, election office, ballot counting area, ballot storage area, or election system including materials and systems meant for enabling a voter to prepare the voter's ballot is guilty of a class C felony punishable under RCW 9A.20.021.
[ 2024 c 28 s 6; 2011 c 10 s 74; 2003 c 111 s 2125; 1991 c 81 s 9; 1965 c 9 s 29.85.110. Prior: 1889 p 412 s 31; RRS s 5296. FORMER PART OF SECTION: 1935 c 108 s 3, part; RRS s 5339-3, part, now codified, as reenacted, in RCW 29.85.230. Formerly RCW 29.85.110. ]
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.
Any person who willfully and without authority accesses or assists another person or entity with unauthorized access to a voting center, election office, ballot counting area, ballot storage area, or any election system, or provides unauthorized access to another person or entity to a voting center, election office, ballot counting area, ballot storage area, or any election system, whether electronic or physical access, is guilty of a class C felony punishable under RCW 9A.20.021.
[ 2024 c 28 s 7. ]
Any person who tampers with or damages or attempts to damage any voting machine or device to be used or being used in a primary or special or general election, or who prevents or attempts to prevent the correct operation of such machine or device, or any unauthorized person who accesses or assists another person or entity with unauthorized access to a voting center, election office, ballot counting area, ballot storage area, or election system, voting machine, or device to be used or being used in a primary or special or general election, is guilty of a class C felony punishable under RCW 9A.20.021.
[ 2024 c 28 s 8; 2003 c 111 s 2126; 1991 c 81 s 18; 1965 c 9 s 29.85.260. Prior: 1913 c 58 s 16; RRS s 5316. Formerly RCW 29.85.260. ]
NOTES:
Effective date—1991 c 81: See note following RCW 29A.84.540.
A person is guilty of a gross misdemeanor who knowingly:
(1) Deceives any voter in recording his or her vote by providing incorrect or misleading recording information or by providing faulty election equipment or records;
(2) Records the vote of any voter in a manner other than as designated by the voter; or
(3) Misrepresents an unofficial ballot collection site or device as an official ballot drop box that has been established by the county auditor.
Such a gross misdemeanor is punishable to the same extent as a gross misdemeanor that is punishable under RCW 9A.20.021.
[ 2021 c 85 s 1; 2003 c 111 s 2127. Prior: 1991 c 81 s 4. Formerly RCW 29.85.051. ]
NOTES:
Effective date—1991 c 81: See note following RCW 29A.84.540.
Any person who uses menace, force, threat, or any unlawful means towards any voter to hinder or deter such a voter from voting, or directly or indirectly offers any bribe, reward, or any thing of value to a voter in exchange for the voter's vote for or against any person or ballot measure, or authorizes any person to do so, is guilty of a class C felony punishable under RCW 9A.20.021.
[ 2003 c 111 s 2128. Prior: 1991 c 81 s 5; 1965 c 9 s 29.85.060; prior: (i) 1911 c 89 s 1, part; Code 1881 s 904; 1873 p 204 s 103; 1854 p 93 s 94; RRS s 5386. (ii) 1911 c 89 s 1, part; 1901 c 142 s 1; Code 1881 s 909; 1873 p 205 s 106; 1865 p 50 s 1; 1854 p 93 s 97; RRS s 5388. Formerly RCW 29.85.060. ]
NOTES:
Effective date—1991 c 81: See note following RCW 29A.84.540.
Any person who in any way, directly or indirectly, by menace or unlawful means, attempts to influence any person in refusing to give his or her vote in any primary or special or general election is guilty of a gross misdemeanor punishable to the same extent as a gross misdemeanor that is punishable under RCW 9A.20.021.
[ 2003 c 111 s 2129. Prior: 1991 c 81 s 6; 1965 c 9 s 29.85.070; prior: Code 1881 s 3140; RRS s 5389. Formerly RCW 29.85.070. ]
NOTES:
Effective date—1991 c 81: See note following RCW 29A.84.540.
Any person who solicits, requests, or demands, directly or indirectly, any reward or thing of value or the promise thereof in exchange for his or her vote or in exchange for the vote of any other person for or against any candidate or for or against any ballot measure to be voted upon at a primary or special or general election is guilty of a gross misdemeanor punishable to the same extent as a gross misdemeanor that is punishable under RCW 9A.20.021.
[ 2003 c 111 s 2130. Prior: 1991 c 81 s 7; 1965 c 9 s 29.85.090; prior: 1907 c 209 s 32; RRS s 5207. Formerly RCW 29.85.090. ]
NOTES:
Effective date—1991 c 81: See note following RCW 29A.84.540.
(1)(a) Any person who intentionally votes or attempts to vote in this state more than once in the same election, or who intentionally votes or attempts to vote in both this state and another state in the same election, is guilty of a class C felony.
(b) For purposes of this section, the term "election" refers to any general, primary, or special election. An election is the "same election" if the election date is the same, regardless of the candidates, offices, issues, or measures on the ballot and regardless of the date on which ballots are mailed or returned.
(c) When a special election is held in conjunction with a general election or primary election, it is not the "same election" for purposes of this section, and otherwise qualified voters may vote in both the special election and the general or primary election held on the same day.
(2) Any person who recklessly or negligently violates this section commits a class 1 civil infraction as provided in RCW 7.80.120.
[ 2026 c 79 s 2; 2005 c 243 s 24; 2003 c 111 s 2131. Prior: 1991 c 81 s 13; 1965 c 9 s 29.85.210; prior: 1911 c 89 s 1, part; Code 1881 s 903; 1873 p 204 s 102; 1865 p 51 s 5; 1854 p 93 s 93; RRS s 5383. Formerly RCW 29.85.210. ]
NOTES:
Finding—Intent—2026 c 79: "The legislature finds that it has been and continues to be the law of this state that a person may not vote in an election in Washington and an election in any other state if the election date is the same for both states. The legislature intends to affirm and clarify this law, and enacts section 2 of this act to abrogate the decision of the Washington court of appeals in State v. Padrta, No. 59737-3-II (January 6, 2026) and to immediately correct its erroneous interpretation in order to prevent confusion during the 2026 primary and general elections. This amendment is intended to be curative in nature." [ 2026 c 79 s 1.]
Effective date—2026 c 79: "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 [March 17, 2026]." [ 2026 c 79 s 3.]
Effective date—1991 c 81: See note following RCW 29A.84.540.
Any election officer who intentionally tabulates or causes to be tabulated, through any act or omission, an invalid ballot when the person has actual knowledge that the ballot is invalid, is guilty of a class C felony punishable under RCW 9A.20.021.
[ 2011 c 10 s 75; 2003 c 111 s 2132. Prior: 1991 c 81 s 14; 1965 c 9 s 29.85.220; prior: 1911 c 89 s 1, part; Code 1881 s 911; 1873 p 205 s 108; RRS s 5385. Formerly RCW 29.85.220. ]
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.
Any person who knows that he or she does not possess the legal qualifications of a voter and who votes at any primary or special or general election authorized by law to be held in this state for any office whatever is guilty of a class C felony punishable under RCW 9A.20.021.
[ 2003 c 111 s 2133; 1991 c 81 s 17; 1965 c 9 s 29.85.240. Prior: 1911 c 89 s 1, part; Code 1881 s 905; 1873 p 204 s 104; 1865 p 51 s 4; 1854 p 93 s 95; RRS s 5384. Formerly RCW 29.85.240. ]
NOTES:
Effective date—1991 c 81: See note following RCW 29A.84.540.
(1) A person who willfully violates any provision of chapter 29A.40 RCW regarding the assertion or declaration of qualifications to receive or cast a ballot or unlawfully casts a ballot is guilty of a class C felony punishable under RCW 9A.20.021.
(2) Except as provided in this chapter, a person who willfully violates any other provision of chapter 29A.40 RCW is guilty of a misdemeanor.
[ 2011 c 10 s 76. Prior: 2003 c 111 s 2136; 2003 c 53 s 179; 2001 c 241 s 14; 1994 c 269 s 2; 1991 c 81 s 34; 1987 c 346 s 20; 1983 1st ex.s. c 71 s 9. Formerly RCW 29.36.370, 29.36.160. ]
NOTES:
Notice to registered poll voters—Elections by mail—2011 c 10: See note following RCW 29A.04.008.
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
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.
Tampering with registration form or ballot declaration: RCW 29A.84.050.
Every person who:
(1) Knowingly and falsely issues a certificate of nomination or election; or
(2) Knowingly provides false information on a minor party or independent candidate certificate of nomination is guilty of a class C felony punishable under RCW 9A.20.021.
[ 2013 c 11 s 84; 2004 c 271 s 186. ]
Every person charged with the performance of any duty under the provisions of any law of this state relating to elections, including primaries, or the provisions of any charter or ordinance of any city or town of this state relating to elections who willfully neglects or refuses to perform such duty, or provides unauthorized access to a person or entity to physical locations or electronic or physical access to election software or hardware used in any element of conduct of an election, or who, in the performance of such duty, or in the person's official capacity, knowingly or fraudulently violates any of the provisions of law relating to such duty, is guilty of a class C felony punishable under RCW 9A.20.021 and shall forfeit the person's office.
[ 2024 c 28 s 9; 2003 c 111 s 2138. Prior: 1991 c 81 s 10; 1965 c 9 s 29.85.170; prior: (i) 1889 p 412 s 32; RRS s 5297. (ii) 1911 c 89 s 1, part; Code 1881 s 912; 1877 p 205 s 2; RRS s 5392. Formerly RCW 29.85.170. ]
NOTES:
Effective date—1991 c 81: See note following RCW 29A.84.540.
(1) In any location in which ballots are counted, no person authorized by law to be present while votes are being counted may divulge any results of the count of the ballots at any time prior to 8:00 p.m. on the day of the primary or special or general election.
(2) A violation of this section is a gross misdemeanor punishable to the same extent as a gross misdemeanor that is punishable under RCW 9A.20.021.
[ 2011 c 10 s 77; 2003 c 111 s 2139. Prior: 1991 c 81 s 15; 1990 c 59 s 55; 1977 ex.s. c 361 s 85; 1965 c 9 s 29.54.035; prior: 1955 c 148 s 6. Formerly RCW 29.85.225, 29.54.035. ]
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.
Intent—Effective date—1990 c 59: See notes following RCW 29A.04.013.
Effective date—Severability—1977 ex.s. c 361: See notes following RCW 29A.16.040.
Divulging returns in voting device precincts: RCW 29A.60.120.
(1) The legislature and the people find that the federal Nuclear Waste Policy Act provides that within sixty days of the president's recommendation of a site for a high-level nuclear waste repository, a state may disapprove the selection of such site in that state.
(2) The legislature and the people desire, if the governor and legislature do not issue a notice of disapproval within twenty-one days of the president's recommendation, that the people of this state have the opportunity to vote upon disapproval.
[ 2003 c 111 s 2201. Prior: 1986 ex.s. c 1 s 3. Formerly RCW 29.91.010. ]
(1) Within seven days after any recommendation by the president of the United States of a site in the state of Washington to be a high-level nuclear waste repository under 42 U.S.C. Sec. 10136, the governor shall set the date for a special statewide election to vote on disapproval of the selection of such site. The special election shall be held not less than forty-five nor more than ninety days after the date of the recommendation of the president of the United States.
(2) If either the governor or the legislature submits a notice of disapproval to the United States Congress within twenty-one days of the date of the recommendation by the president of the United States, then the governor is authorized to cancel the special election pursuant to subsection (1) of this section.
[ 2013 c 11 s 85; 2003 c 111 s 2202; 1986 ex.s. c 1 s 4. Formerly RCW 29.91.020. ]
The state of Washington shall assume the costs of any special election called under RCW 29A.88.020 in the same manner as provided in RCW 29A.04.420 and 29A.04.430.
[ 2003 c 111 s 2203. Prior: 1986 ex.s. c 1 s 5. Formerly RCW 29.91.030. ]
The secretary of state shall promptly notify the county auditors of the date of the special election and certify to them the text of the ballot title for this special election. The general election laws shall apply to the election required by RCW 29A.88.020 to the extent that they are not inconsistent with this chapter. Statutory deadlines relating to certification, canvassing, and the voters' pamphlet may be modified for the election held pursuant to RCW 29A.88.020 by the secretary of state through emergency rules adopted under RCW 29A.04.611.
[ 2013 c 11 s 86; 2003 c 111 s 2204. Prior: 1986 ex.s. c 1 s 6. Formerly RCW 29.91.040. ]
The ballot title for the special election called under RCW 29A.88.020 shall be "Shall the Governor be required to notify Congress of Washington's disapproval of the President's recommendation of [name of site] as a national high-level nuclear waste repository?"
[ 2003 c 111 s 2205. Prior: 1986 ex.s. c 1 s 7. Formerly RCW 29.91.050. ]
If the governor or the legislature fails to prepare and submit a notice of disapproval to the United States Congress within fifty-five days of the president's recommendation and a majority of the voters in the special election held pursuant to RCW 29A.88.020 favored such notice of disapproval, then the vote of the people shall be binding on the governor. The governor shall prepare and submit the notice of disapproval to the United States Congress pursuant to 42 U.S.C. Sec. 10136.
[ 2003 c 111 s 2206; 1986 ex.s. c 1 s 8. Formerly RCW 29.91.060. ]
The legislature finds that electoral systems that deny race, color, or language minority groups an equal opportunity to elect candidates of their choice or impair their ability to otherwise participate in any state of the political process are inconsistent with the right to free and equal elections as provided by Article I, section 19 and Article VI, section 1 of the Washington state Constitution as well as protections found in the Fourteenth and Fifteenth amendments to the United States Constitution. The well-established principle of "one person, one vote" and the prohibition on vote dilution have been consistently upheld in federal and state courts for more than fifty years.
The legislature finds that there is a history in Washington, as in the United States overall, of discrimination based on race, color, and language minority status, including in access to the political process. As a result of this history and persistent discrimination and socioeconomic inequities that bear on the right to vote, members of race, color, and language minority groups continue to face disparate burdens in exercising the franchise and participating effectively in the political process.
The legislature also finds that local government subdivisions are often prohibited from addressing these challenges because of Washington laws that narrowly prescribe the methods by which they may elect members of their legislative bodies. The legislature finds that in some cases, this has resulted in an improper dilution of voting power for these minority groups. The legislature intends to modify existing prohibitions in state laws so that these jurisdictions may voluntarily adopt changes on their own, in collaboration with affected community members, to remedy potential electoral issues so that minority groups have an equal opportunity to elect candidates of their choice or influence the outcome of an election.
In light of these findings, the legislature intends for this chapter to encourage participation in the franchise by all eligible voters and to provide voters in this state with a means to challenge all forms of racial discrimination in voting, including vote dilution and suppression.
The legislature intends for this chapter to be consistent with federal protections that may provide a similar remedy for minority groups. Remedies shall also be available where the drawing of crossover and coalition districts is able to address both vote dilution and racial polarization.
The legislature also intends for this chapter to be consistent with legal precedent from Mt. Spokane Skiing Corp. v. Spokane Co. (86 Wn. App. 165, 1997) that found that noncharter counties need not adhere to a single uniform county system of government, but that each county have the same "authority available" in order to be deemed uniform.
[ 2026 c 215 s 1; 2019 c 64 s 6; 2018 c 113 s 102. ]
NOTES:
Explanatory statement—2019 c 64: See note following RCW 1.20.110.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. In applying these definitions and other terms in this chapter, courts may rely on relevant federal case law for guidance.
(1) "At large election" means any of the following methods of electing members of the governing body of a political subdivision:
(a) One in which the voters of the entire jurisdiction elect the members to the governing body;
(b) One in which the candidates are required to reside within given areas of the jurisdiction and the voters of the entire jurisdiction elect the members to the governing body; or
(c) One that combines the criteria in (a) and (b) of this subsection or one that combines at large with district-based elections.
(2) "Cohesive" means that members of a group tend to prefer the same candidates or other electoral choices.
(3) "District-based elections" means a method of electing members to the governing body of a political subdivision in which the candidate must reside within an election district that is a divisible part of the political subdivision and is elected only by voters residing within that election district.
(4) "Election policy or practice" means any voting qualification, prerequisite to voting, or method of election, and any law, ordinance, resolution, charter or code provision, regulation, rule, policy, practice, procedure, standard, or action with respect to voting or the administration of elections, including the time or date of elections.
(5) "Electoral system" means the method of electing the governing body of a political subdivision or any election policy or practice administered by the political subdivision.
(6) "Polarized voting" means voting in which there is a difference in the choice of candidates or other electoral choices that are preferred by voters in a protected class or a coalition of protected classes, and in the choice of candidates and electoral choices that are preferred by voters in the rest of the electorate.
(7) "Political subdivision" means any county, city, town, school district, fire protection district, port district, or public utility district, but does not include the state.
(8) "Protected class" means a class of voters who are members of a race, color, or language minority group in the state of Washington, as this class is referenced and defined in the federal voting rights act, 52 U.S.C. 10301 et seq.
[ 2026 c 215 s 2; 2023 c 56 s 2; 2018 c 113 s 103. ]
NOTES:
Effective date—2023 c 56: See note following RCW 29A.92.720.
(1) Except as provided in subsection (2) of this section, no political subdivision responsible for election administration may abridge the rights of voters who are members of a protected class or classes by implementing, imposing, or enforcing any election policy or practice, or taking any action or failing to take any action, that results in, is likely to result in, or is intended to result in a material disparate burden on the ability or opportunity of members of a protected class to vote or participate in any stage of the political process.
(2) It is not a violation of subsection (1) of this section if the political subdivision responsible for election administration demonstrates by clear and convincing evidence that:
(a) The election policy or practice is narrowly tailored and necessary to further a compelling, particularized state interest; and
(b) There is no alternative election policy or practice that would result in less of a disparate burden on members of a protected class.
(3) Proof of intent to discriminate against a protected class by a political subdivision responsible for election administration is not required for a cause of action to be sustained under this section.
(4) The following are circumstances not relevant, and may not be considered, to demonstrate a violation of subsection (1) of this section:
(a) The total number or share of protected class members not materially burdened by the election policy or practice;
(b) The degree to which the election policy or practice has a long pedigree or was in widespread use at an earlier date;
(c) The use of an identical or similar election policy or practice in other jurisdictions;
(d) The availability of other forms of voting unimpacted by the election policy or practice; and
(e) Defenses that the election policy or practice is necessary to address criminal activity, including voter fraud, or to bolster voter confidence in election integrity that are not supported by substantial evidence.
(5) A class of people protected by this section may include a coalition of members of different racial, color, or language minority groups.
[ 2026 c 215 s 3. ]
(1) No method of electing the governing body of a political subdivision may be imposed or applied in a manner that impairs the ability of members of a protected class or classes to have an equal opportunity to elect candidates of their choice as a result of the dilution of the votes of the members of a protected class or classes.
(2) A political subdivision is in violation of subsection (1) of this section when:
(a) Elections in the political subdivision exhibit polarized voting; and
(b) Members of a protected class or classes do not have an equal opportunity to elect candidates of their choice as a result of the dilution of the votes of the members of that protected class or classes.
(3) In determining whether there is polarized voting under this chapter, the court shall analyze election results including, but not limited to, elections of the governing body of the political subdivision, ballot measure elections, elections in which at least one candidate is a member of a protected class, and other electoral choices that affect the rights and privileges of members of a protected class. The court is not required to consider explanations, including partisanship, for why polarized voting under this chapter exists in the political subdivision to determine whether polarized voting under this chapter exists in the political subdivision. Elections conducted prior to the filing of an action pursuant to this chapter are more probative to establish the existence of polarized voting than elections conducted after the filing of an action.
(4) The election of candidates who are members of a protected class and who were elected prior to the filing of an action pursuant to this chapter shall not preclude a finding of polarized voting that results in an unequal opportunity for a protected class to elect candidates of their choice.
(5) The equal opportunity to elect shall be assessed pragmatically, based on local election conditions, and may include crossover districts. No single factor is dispositive or necessary to establish a violation of this section.
(6) The fact that members of a protected class are not geographically compact or concentrated to constitute a majority in a proposed or existing district-based election district shall not preclude a finding of a violation under this chapter, but may be a factor in determining a remedy.
(7) Proof of intent on the part of the voters or elected officials to discriminate against a protected class is not required for a cause of action to be sustained.
(8) Other factors such as the history of discrimination, the use of electoral devices or other voting practices or procedures that may enhance the dilutive effects of at large elections, denial of access to those processes determining which groups of candidates will receive financial or other support in a given election, the extent to which members of a protected class bear the effects of past discrimination in areas such as education, employment, and health, which hinder their ability to participate effectively in the political process, and the use of overt or subtle racial appeals in political campaigns are probative, but not necessary factors, to establish a violation of this chapter.
(9) A class of people protected by this section may include a coalition of members of different racial, color, or language minority groups. A coalition of members of different protected classes is not required to demonstrate that each individual racial, color, or language minority group which comprises the coalition is cohesive, only that the coalition as a whole is cohesive.
[ 2026 c 215 s 4; 2023 c 56 s 3; 2019 c 64 s 7; 2018 c 113 s 302. ]
NOTES:
Effective date—2023 c 56: See note following RCW 29A.92.720.
Explanatory statement—2019 c 64: See note following RCW 1.20.110.
(1) A political subdivision that conducts an election pursuant to state, county, or local law, is authorized to change its electoral system, including, but not limited to, implementing a district-based election system, or increasing the number of elected officials on a county commission as authorized by RCW 29A.92.115, to remedy a potential violation of this chapter.
(2) If a political subdivision invokes its authority under this section to implement a district-based election system, the districts shall be drawn in a manner consistent with RCW 29A.92.050.
[ 2026 c 215 s 5; 2023 c 56 s 4; 2018 c 113 s 201. ]
NOTES:
Effective date—2023 c 56: See note following RCW 29A.92.720.
(1)(a) Prior to the adoption of its proposed plan, the political subdivision must provide public notice to residents of the subdivision about the proposed remedy to a potential violation of this chapter. If a significant segment of the residents of the subdivision have limited English proficiency and speaks a language other than English, the political subdivision must:
(i) Provide accurate written and verbal notice of the proposed remedy in languages that diverse residents of the political subdivision can understand, as indicated by demographic data; and
(ii) Air radio or television public service announcements describing the proposed remedy broadcast in the languages that diverse residents of the political subdivision can understand, as indicated by demographic data.
(b) The political subdivision shall hold at least one public hearing on the proposed plan at least one week before adoption.
(c) For purposes of this section, "significant segment of the community" means five percent or more of residents, or five hundred or more residents, whichever is fewer, residing in the political subdivision.
(2)(a) If the political subdivision invokes its authority under RCW 29A.92.040 to remedy a potential violation of RCW 29A.92.030 and the plan is adopted during the period of time between the first Tuesday after the first Monday of November and on or before January 15th of the following year, the political subdivision shall order new elections to occur at the next succeeding general election.
(b) If the political subdivision invokes its authority under RCW 29A.92.040 to remedy a potential violation of RCW 29A.92.030 and the plan is adopted during the period of time between January 16th and on or before the first Monday of November, the next election will occur as scheduled and organized under the current electoral system, but the political subdivision shall order new elections to occur pursuant to the remedy at the general election the following calendar year.
(3) If a political subdivision implements a district-based election system under RCW 29A.92.040(2), the plan shall be consistent with the following criteria:
(a) Each district shall be as reasonably equal in population as possible to each and every other such district comprising the political subdivision.
(b) Each district shall be reasonably compact.
(c) Each district shall consist of geographically contiguous area.
(d) To the extent feasible, the district boundaries shall coincide with existing recognized natural boundaries and shall, to the extent possible, preserve existing communities of related and mutual interest.
(e) District boundaries may not be drawn or maintained in a manner that creates or perpetuates the dilution of the votes of the members of a protected class or classes.
(f) All positions on the governing body must stand for election at the next election for the governing body, scheduled pursuant to subsection (2) of this section. The governing body may subsequently choose to stagger the terms of its positions.
(4) Within forty-five days after receipt of federal decennial census information applicable to a specific local area, the commission established in RCW 44.05.030 shall forward the census information to each political subdivision.
(5) No later than November 15th of each year ending in one, the governing body of the political subdivision that had previously invoked its authority under RCW 29A.92.040 to implement a district-based election system, or that was previously charged with redistricting under RCW 29A.92.110, shall prepare a plan for redistricting its districts, pursuant to RCW 29A.76.010, and in a manner consistent with this chapter.
[ 2026 c 215 s 6; 2021 c 173 s 4; (2021 c 173 s 3 expired January 1, 2023). Prior: 2019 c 454 s 1; 2019 c 64 s 8; 2018 c 113 s 202. ]
NOTES:
Effective date—2021 c 173 ss 2 and 4: See note following RCW 29A.76.010.
Effective date—Expiration date—2021 c 173 ss 1 and 3: See notes following RCW 29A.76.010.
Retroactive application—2019 c 454: "This act applies retroactively to January 16, 2019." [ 2019 c 454 s 11.]
Effective date—2019 c 454: "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 21, 2019]." [ 2019 c 454 s 13.]
Explanatory statement—2019 c 64: See note following RCW 1.20.110.
(1) A voter who resides in the political subdivision, an organization whose roster of members and volunteers includes a voter who resides in the political subdivision, or a tribe located at least in part in the political subdivision who intends to challenge a political subdivision's electoral system under this chapter shall first notify the political subdivision. The political subdivision shall promptly make such notice public.
(2) The notice provided shall identify and provide contact information for the person or persons who intend to file an action, and shall identify the alleged violation or violations of this chapter and the protected class or classes whose members are affected. The notice shall also include a type of remedy the person believes may address the alleged violation or violations of this chapter.
[ 2026 c 215 s 7; 2023 c 56 s 5; 2019 c 64 s 9; 2018 c 113 s 301. ]
NOTES:
Effective date—2023 c 56: See note following RCW 29A.92.720.
Explanatory statement—2019 c 64: See note following RCW 1.20.110.
(1) The political subdivision shall work in good faith with the person, organization, or tribe providing the notice to implement a remedy that resolves the potential violation or violations identified in the notice and provides the protected class or classes identified in the notice an equal opportunity to elect candidates of their choice. Such work in good faith to implement a remedy may include, but is not limited to consideration of: (a) Relevant electoral data; (b) relevant demographic data, including the most recent census data available; and (c) any other information that would be relevant to implementing a remedy.
(2) If, in response to a potential violation of RCW 29A.92.030, the political subdivision adopts a remedy that takes the notice into account, or adopts the notice's proposed remedy, the political subdivision shall seek a court order acknowledging that the political subdivision's remedy complies with RCW 29A.92.030 and was prompted by a plausible violation. The person who submitted the notice may support or oppose such an order, and may obtain public records to do so. The political subdivision must provide all political, census, and demographic data and any analysis of that data used to develop the remedy in its filings seeking the court order and with any documents made public. All facts and reasonable inferences shall be viewed in the light most favorable to those opposing the political subdivision's proposed remedy at this stage. There shall be a rebuttable presumption that the court will decline to approve the political subdivision's proposed remedy at this stage.
(3) If the court concludes that the political subdivision's remedy complies with this chapter:
(a) An action under RCW 29A.92.030 may not be brought against that political subdivision for four years by any party so long as the political subdivision does not enact a change to or deviation from the remedy during this four-year period that would otherwise give rise to an action under this chapter; and
(b) An action under RCW 29A.92.021 that is based on the same election policy or practice for which the court has concluded that the political subdivision's remedy complies with this chapter may not be brought against that political subdivision for four years by any party so long as the political subdivision does not enact a change to or deviation from the remedy during this four-year period that would otherwise give rise to an action under this chapter.
(4) In agreeing to adopt the person's, organization's, or tribe's proposed remedy to any violation of this chapter, the political subdivision may do so by stipulation, which shall become a public document.
(5)(a) If the court issues an order under subsection (2) of this section as to RCW 29A.92.030 or the political subdivision implements a remedy in response to a potential violation of RCW 29A.92.021, the person, organization, or tribe who sent the notice may make a demand to the political subdivision for reimbursement of the costs incurred in conducting the research necessary to send the notice. A demand made under this subsection must:
(i) Be in writing;
(ii) Be received by the political subdivision within 30 days of the adoption of the new electoral system; and
(iii) Include financial documentation, such as a detailed invoice for demographic services, that supports the demand. The political subdivision may request additional documentation if the documentation provided is insufficient for the political subdivision to corroborate the claimed costs.
(b) The political subdivision shall, within 60 days of receiving the demand, reimburse the reasonable costs of the person, organization, or tribe who sent the notice, not to exceed $50,000.
[ 2026 c 215 s 8; 2023 c 56 s 8; 2019 c 64 s 10; 2018 c 113 s 303. ]
NOTES:
Effective date—2023 c 56: See note following RCW 29A.92.720.
Explanatory statement—2019 c 64: See note following RCW 1.20.110.
(1) Any voter who resides in the political subdivision, organization whose roster of members and volunteers includes a voter who resides in the political subdivision, or tribe located at least in part in the political subdivision may file an action under this chapter if, 90 days after a political subdivision receives notice of a challenge to its electoral system under RCW 29A.92.060, the political subdivision has not obtained a court order stating that it has adopted a remedy in compliance with RCW 29A.92.030 or otherwise has not adopted a remedy in compliance with RCW 29A.92.021.
(2) If, in response to a potential violation of RCW 29A.92.030, a political subdivision has received two or more notices containing materially different proposed remedies, the political subdivision shall work in good faith with the persons to implement a remedy that provides the protected class or classes identified in the notices an equal opportunity to elect candidates of their choice. If the political subdivision adopts one of the remedies offered, or a different remedy that takes multiple notices into account, the political subdivision shall seek a court order acknowledging that the political subdivision's remedy is reasonably necessary to avoid a violation of RCW 29A.92.030. The persons, organizations, or tribes who submitted the notice may support or oppose such an order, and may obtain public records to do so. The political subdivision must provide all political, census, and demographic data and any analysis of that data used to develop the remedy in its filings seeking the court order and with any documents made public. All facts and reasonable inferences shall be viewed in the light most favorable to those opposing the political subdivision's proposed remedy at this stage. There shall be a rebuttable presumption that the court will decline to approve the political subdivision's proposed remedy at this stage.
(3) If the court concludes that the political subdivision's remedy complies with this chapter:
(a) An action under RCW 29A.92.030 may not be brought against that political subdivision for four years by any party so long as the political subdivision does not enact a change to or deviation from the remedy during this four-year period that would otherwise give rise to an action under this chapter; and
(b) An action under RCW 29A.92.021 that is based on the same election policy or practice for which the court has concluded that the political subdivision's remedy complies with this chapter may not be brought against that political subdivision for four years by any party so long as the political subdivision does not enact a change to or deviation from the remedy during this four-year period that would otherwise give rise to an action under this chapter.
(4)(a) If the court issues an order under subsection (2) of this section as to RCW 29A.92.030 or the political subdivision implements a remedy in response to a potential violation of RCW 29A.92.021, the persons, organizations, or tribes who sent notices may make a demand to the political subdivision for reimbursement of the costs incurred in conducting the research necessary to send the notices. A demand made under this subsection must:
(i) Be in writing;
(ii) Be received by the political subdivision within 30 days of the adoption of the new electoral system; and
(iii) Include financial documentation, such as a detailed invoice for demographic services, that supports the demand. The political subdivision may request additional documentation if the documentation provided is insufficient for the political subdivision to corroborate the claimed costs.
(b) The political subdivision shall, within 60 days of receiving the demand, reimburse the reasonable costs of the persons, organizations, or tribes who sent the notices, not to exceed $50,000.
[ 2026 c 215 s 9; 2023 c 56 s 9; 2019 c 64 s 11; 2018 c 113 s 304. ]
NOTES:
Effective date—2023 c 56: See note following RCW 29A.92.720.
Explanatory statement—2019 c 64: See note following RCW 1.20.110.
(1)(a) After exhaustion of the time period in RCW 29A.92.080, any voter who resides in a political subdivision, organization whose roster of members and volunteers includes a voter who resides in the political subdivision, or tribe located at least in part in the political subdivision where a violation of this chapter is alleged may file an action in the superior court of the county in which the political subdivision is located. If the action is against a county, the action may be filed in the superior court of such county, or in the superior court of either of the two nearest judicial districts as determined pursuant to RCW 36.01.050(2). An action filed pursuant to this chapter does not need to be filed as a class action. The notice and exhaustion of the time period in RCW 29A.92.080 is not required to file an action under this section in circumstances described in (b) of this subsection.
(b) A party may file an action without providing notice and exhausting the time period in RCW 29A.92.080 if:
(i) The party is seeking preliminary relief with respect to an upcoming election in accordance with RCW 29A.92.100;
(ii) The party is seeking to intervene in or join an existing action; or
(iii) Following the party's submission of notice, the political subdivision enacted a remedy that would not remedy the violation identified in the notice.
(2) In an action under RCW 29A.92.030, a coalition of members of different protected classes may file an action jointly pursuant to this chapter if they demonstrate that the combined voting preferences of the multiple protected classes are polarized against the rest of the electorate. A coalition of members of different protected classes is not required to demonstrate that each individual racial, color, or language minority group which comprises the coalition is cohesive.
(3) Nothing in this section shall be interpreted to relieve a party of the requirement to establish standing as provided in Washington case law when commencing an action under this title.
[ 2026 c 215 s 10; 2023 c 56 s 6; 2019 c 64 s 12; 2018 c 113 s 401. ]
NOTES:
Effective date—2023 c 56: See note following RCW 29A.92.720.
Explanatory statement—2019 c 64: See note following RCW 1.20.110.
(1) In an action filed pursuant to this chapter, the trial court shall set a trial to be held no later than one year after the filing of a complaint, and shall set a discovery and motions calendar accordingly.
(2) For purposes of any applicable statute of limitations, a cause of action under this chapter arises every time there is an election for any members of the governing body of the political subdivision.
(3) The plaintiff's constitutional right to the secrecy of the plaintiff's vote is preserved and is not waived by the filing of an action pursuant to this chapter, and the filing is not subject to discovery or disclosure.
(4) In an action filed pursuant to this chapter in which a plaintiff seeks a temporary restraining order or a preliminary injunction with respect to an upcoming election, the court shall grant relief if it determines that:
(a) The plaintiff is more likely than not to succeed on the merits; and
(b) It is possible to implement an appropriate remedy that would resolve the alleged violation in the upcoming election.
(5) In seeking a temporary restraining order or a preliminary injunction, a plaintiff shall not be required to post a bond or any other security in order to secure such equitable relief.
(6) No notice may be submitted to any political subdivision pursuant to this chapter before July 19, 2018.
[ 2026 c 215 s 11; 2019 c 64 s 13; 2018 c 113 s 402. ]
NOTES:
Explanatory statement—2019 c 64: See note following RCW 1.20.110.
(1) After finding a violation of this chapter or upon stipulation of the parties, the court may order appropriate remedies that are tailored to address the violation including, but not limited to, the imposition of a district-based election system or expansion of the number of elected county commissioners if authorized by RCW 29A.92.115, or modification of the political subdivision's election policies and practices. In tailoring a remedy, the court shall consider proposed remedies by the parties and may not give deference to a proposed remedy only because it is proposed by the political subdivision. The court may not approve a remedy that violates this chapter.
(2) If the court orders a district-based remedy, the court must approve proposed district boundaries prior to their implementation. The court must determine that the proposed district boundaries will not violate this chapter.
(3) Implementation of a district-based remedy is not precluded by the fact that members of a protected class do not constitute a numerical majority within a proposed district-based election district. If, in tailoring a remedy, the court orders the implementation of a district-based election district where the members of the protected class are not a numerical majority, the court shall do so in a manner that provides the protected class an equal opportunity to elect candidates of their choice. The court may also approve a district-based election system that provides the protected class the opportunity to join in a coalition of two or more protected classes to elect candidates of their choice if there is demonstrated political cohesion among the protected classes.
(4) In tailoring a remedy after a finding of a violation of RCW 29A.92.030 or upon stipulation of the parties:
(a) If the court's order providing a remedy or approving proposed districts, whichever is later, is issued during the period of time between the first Tuesday after the first Monday of November and on or before January 15th of the following year, the court shall order new elections, conducted pursuant to the remedy, to occur at the next succeeding general election. If a special filing period is required, filings for that office shall be reopened for a period of three business days, such three-day period to be fixed by the filing officer.
(b) If the court's order providing a remedy or approving proposed districts, whichever is later, is issued during the period of time between January 16th and on or before the first Monday of November, the next election will occur as scheduled and organized under the current electoral system, but the court shall order new elections to occur pursuant to the remedy at the general election the following calendar year.
(c) The remedy may provide for the political subdivision to hold elections for the members of its governing body at the same time as regularly scheduled elections for statewide or federal offices. All positions on the governing body must stand for election at the next election for the governing body, scheduled pursuant to this subsection (4). The governing body may subsequently choose to stagger the terms of its positions.
(5) Within thirty days of the conclusion of any action filed under RCW 29A.92.100, the political subdivision must publish on the subdivision's website, the outcome and summary of the action, as well as the legal costs incurred by the subdivision. If the political subdivision does not have its own website, then it may publish on the county website.
[ 2026 c 215 s 12; 2023 c 56 s 7; 2019 c 454 s 2; 2018 c 113 s 403. ]
NOTES:
Effective date—2023 c 56: See note following RCW 29A.92.720.
Retroactive application—Effective date—2019 c 454: See notes following RCW 29A.92.050.
(1) A county may reasonably increase the number of elected commissioners to remedy a potential violation of RCW 29A.92.030 if the protected class or one of the protected classes subject to alleged vote dilution is Indian tribal status.
(2) After finding a violation of RCW 29A.92.030 or upon stipulation of the parties, the court may order a reasonable increase in the number of elected officials on a county commission if the defendant political subdivision is a county and the protected class or one of the protected classes subject to alleged vote dilution is Indian tribal status.
[ 2026 c 215 s 13; 2023 c 56 s 12. ]
NOTES:
Effective date—2023 c 56: See note following RCW 29A.92.720.
(1) No action under this chapter may be brought by any person against a political subdivision that has adopted a remedy to its electoral system after an action is filed that is approved by a court pursuant to RCW 29A.92.070 or implemented a court-ordered remedy pursuant to RCW 29A.92.110 for four years after adoption of the remedy if the political subdivision does not enact a change to or deviation from the remedy during this four-year period that would otherwise give rise to an action under this chapter. This subsection applies to violations or potential violations under RCW 29A.92.021 only if a subsequent action is based on the same election policy or practice for which the court has concluded that the political subdivision's remedy complies with this chapter.
(2) No action under this chapter may be brought by any person against a political subdivision that has adopted a remedy to its electoral system in the previous decade before June 7, 2018, as a result of a claim under the federal voting rights act until after the political subdivision completes redistricting pursuant to RCW 29A.76.010 for the 2020 decennial census.
[ 2026 c 215 s 14; 2019 c 64 s 14; 2018 c 113 s 404. ]
NOTES:
Explanatory statement—2019 c 64: See note following RCW 1.20.110.
(1) In any action to enforce this chapter, the court may allow the prevailing plaintiff or plaintiffs, other than the state or political subdivision thereof, reasonable attorneys' fees, all nonattorney fee costs as defined by RCW 4.84.010, and all reasonable expert witness fees, including all such reasonable fees and costs incurred before filing the action.
(2)(a) A prevailing plaintiff does not need to achieve relief or favorable judgment if the plaintiff demonstrates that they succeeded in altering the political subdivision's behavior to correct a claimed harm.
(b) For purposes of this section, "altering the political subdivision's behavior" includes, but is not limited to, adopting a new method of electing a governing body, modifying district boundaries, or modifying an election policy or practice.
(3) Prevailing defendants may recover an award of fees or costs pursuant to RCW 4.84.185.
[ 2026 c 215 s 15; 2023 c 56 s 10; 2018 c 113 s 405. ]
NOTES:
Effective date—2023 c 56: See note following RCW 29A.92.720.
The provisions of RCW 29A.92.005 through 29A.92.030, 29A.92.060 through 29A.92.130, 29A.92.021, and 29A.92.900 are not applicable to cities and towns with populations under one thousand or to school districts with K-12 full-time equivalent enrollments of less than two hundred fifty.
[ 2026 c 215 s 16; 2018 c 113 s 501. ]
This chapter supersedes other state laws and local ordinances to the extent that those state laws or ordinances would otherwise restrict a jurisdiction's ability to comply with this chapter.
[ 2019 c 64 s 15; 2018 c 113 s 503. ]
NOTES:
Explanatory statement—2019 c 64: See note following RCW 1.20.110.
In further recognition of the protections for the right to vote provided by the Constitution of the state of Washington, statutes, rules and regulations, and local laws, town charters, and ordinances related to the right to vote shall be construed liberally in favor of:
(1) Protecting the right to cast an effective ballot;
(2) Ensuring that eligible voters are not impaired in registering to vote or voting including having their votes counted; and
(3) Ensuring that voters of race, color, and language minority groups have equitable access to fully participate in the electoral process in registering to vote and voting free from improper dilution or abridgement of voting power.
[ 2023 c 56 s 1. ]
NOTES:
Effective date—2023 c 56: "This act takes effect January 1, 2024." [ 2023 c 56 s 14.]
This chapter may be known and cited as the Washington voting rights act of 2018.
[ 2019 c 64 s 16; 2018 c 113 s 101. ]
NOTES:
Explanatory statement—2019 c 64: See note following RCW 1.20.110.
(1) "Covered jurisdiction" means:
(a) A political subdivision which, within the previous 25 years, has become subject to a court order, government enforcement action, court-approved consent decree, or a settlement in which the political subdivision conceded liability, based upon a violation of chapter 29A.92 RCW, the federal voting rights act, the 15th amendment to the United States Constitution involving discrimination against members of a protected class, or any voting-related violation of the 14th amendment to the United States Constitution or of the Washington Constitution involving discrimination against members of a protected class; or
(b) Any political subdivision that, during the previous 25 years, was found to have enacted or implemented a covered policy without obtaining preclearance for such covered policy while designated as a covered jurisdiction pursuant to this section.
(2)(a) "Covered policy" means:
(i) Any change to the method of election of members of a governing body, including the removal of seats, the addition of seats elected at large, or the conversion of one or more seats elected from a single-member district to one or more at-large seats or seats from a multimember district;
(ii) Any change, or series of changes within a 12-month period, to the boundaries of the covered jurisdiction that reduces by more than five percentage points the proportion of the jurisdiction's citizen voting age population that is composed of members of any protected class that is a basis for the political subdivision's designation as a covered jurisdiction;
(iii) Any change to the boundaries of election districts or wards in the covered jurisdiction;
(iv) Any change that restricts the ability of any person to provide interpreter services to voters in any language other than English or which limits or impairs the creation or distribution of voting materials in any language other than English;
(v) Any change to the covered jurisdiction's plan of government, including a change to or in the framing of a jurisdiction's charter;
(vi) The method of election or district plans if, following each decennial census, a covered jurisdiction maintains an at-large method of election or a covered jurisdiction that implements a district-based election system makes no revisions to its districting plans; or
(vii) A change that may have the effect of denying, abridging, or diluting the right to vote on account of race, color, or membership in a language minority group.
(b) "Covered policy" is not limited to actions taken independently by the governing body of a political subdivision, but also includes any changes as a result of ballot initiatives approved by voters.
(3) "Government enforcement action" includes a denial of administrative or judicial preclearance by the state or federal government, a final judgment or adjudication, or a similar formal action including but not limited to orders or final determinations from administrative adjudications.
(4) "Political subdivision" has the same meaning as defined in RCW 29A.92.010.
(5) "Protected class" has the same meaning as defined in RCW 29A.92.010.
[ 2026 c 211 s 1. ]
(1)(a) Prior to adopting or administering a covered policy as defined in RCW 29A.93.010, the governing body of a covered jurisdiction shall submit such covered policy to the attorney general for issuance of a certification of no objection to the proposed covered policy.
(b) The attorney general shall issue a certification of no objection, only if the proposed covered policy:
(i) Will not diminish the ability of the protected class or classes that are the basis for the political subdivision's designation as a covered jurisdiction to participate in the political process or to elect their preferred candidates to office; and
(ii) Does not violate chapter 29A.92 RCW, the federal voting rights act, 52 U.S.C. Sec. 10301 et seq., or other provisions of state or federal law.
(2) No covered policy is effective until the attorney general has issued a certification of no objection.
(3)(a) A certification of no objection may be deemed to have been issued if:
(i) After submitting a covered policy for a certification with the attorney general, the attorney general does not issue an objection within 60 days of the governing body's submission of the covered policy, except when the timeline is extended pursuant to (b) of this subsection; or
(ii) The attorney general affirmatively indicates that no such objection will be made, upon a showing of good cause to facilitate an expedited approval within 60 days of the governing body's submission.
(b) The attorney general may, no more than twice, extend the number of days to issue an objection under (a) of this subsection by 90 days for each extension.
(c) If the attorney general affirmatively indicates that no objection will be made within the 60-day period following the receipt of the governing body's submission, the attorney general may reserve the right to reexamine the submission if the attorney general discovers additional information during the remainder of the 60-day period that would otherwise require an objection in accordance with this section. Upon reexamination, the attorney general may extend the number of days to issue an objection in accordance with (b) of this subsection.
(d) An affirmative indication by the attorney general that no objection will be made or the attorney general's failure to object does not bar a subsequent action to enjoin enforcement of the covered policy.
(4) The attorney general may institute an action in superior court of the county in which the relevant political subdivision is located or in the Thurston county superior court to enjoin a covered jurisdiction from implementing a covered policy and to compel the governing body of the covered jurisdiction to comply with the requirements under subsection (1) of this section.
(5) If the attorney general objects to a covered policy submitted by a covered jurisdiction, the covered jurisdiction may appeal the objection in superior court of the county in which the relevant political subdivision is located or in the Thurston county superior court. No other parties may file an action to appeal an objection by the attorney general to a covered policy nor intervene in any such action brought by the covered jurisdiction. Due to the frequency and urgency of elections, actions brought pursuant to this section shall be subject to expedited proceedings.
(6) In any action under this section, the court has discretion to stay the implementation of the covered policy until it issues its final order or determination. An action under this section does not preclude, bar, or limit any other actions that may be brought regarding the covered policy in any way, including actions brought under other sections of chapter 29A.92 RCW.
[ 2026 c 211 s 2. ]
(1) An action may be filed by any aggrieved person in any of the following circumstances:
(a) The attorney general has issued a certification of no objection to a covered policy in violation of RCW 29A.93.020; or
(b) To compel the governing body of the covered jurisdiction to seek issuance of a certification of no objection from the attorney general prior to adopting or implementing the covered policy.
(2) An action to appeal the attorney general's certificate of no objection must be filed in superior court of the county in which the relevant political subdivision is located or in the Thurston county superior court.
(3) In any claim under this section, the court has discretion to stay the implementation of the covered policy until it issues its final order or determination. A claim under this subdivision does not preclude, bar, or limit any other claims that may be brought regarding the covered policy in any way, including claims brought under other sections of chapter 29A.92 RCW. Review of the attorney general's determination under subsection (1)(a) of this section is de novo.
(4) For purposes of this section, an "aggrieved person" may also include any organization whose:
(a) Membership includes individuals aggrieved by a violation of this section; or
(b) Mission would be frustrated by a violation of this section, including but not limited to an entity who would expend or divert resources to fulfill its mission as a result of such violation.
(5) An organization described under subsection (4) of this section may not be compelled to disclose the identity of any specific member to pursue a claim on behalf of its members.
[ 2026 c 211 s 3. ]
(1) No later than July 1st of each even-numbered year, the attorney general shall, in consultation with the office of financial management and other relevant agencies, designate those political subdivisions which qualify as covered jurisdictions pursuant to RCW 29A.93.010 based on the best available data from the United States census bureau, the most recent American community survey, or other data of comparable quality collected by a federal, state, or local agency. The attorney general shall provide written notice to the covered jurisdiction of the designation. A determination made pursuant to this subsection is effective on the date that the written notice is sent.
(2) The office of the attorney general shall maintain a publicly accessible website containing the following information:
(a) A list of all covered jurisdictions, to be updated biannually;
(b) All submissions for a certificate of no objection certifying that the covered policy meets the standard in RCW 29A.93.020, including any supporting documents submitted by the covered entity; and
(c) The status and disposition of each submission under (b) of this subsection.
[ 2026 c 211 s 4. ]
Once the attorney general issues a certificate of no objection pursuant to RCW 29A.93.020, or once the attorney general's certificate of no objection of a covered policy is upheld by a court in the case of an appeal under RCW 29A.93.030(1)(a), whichever is later, an action against the political subdivision based on the same covered policy may not be brought within four years of the approval of that covered policy so long as the political subdivision does not enact a change to or deviation from the approved covered policy during the four-year period that would otherwise give rise to an action under this chapter or chapter 29A.92 RCW. This section does not preclude an appeal under RCW 29A.93.030(1)(a) or an action by the attorney general under RCW 29A.93.020(3)(d).
[ 2026 c 211 s 5. ]
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
"Federally recognized Indian tribe" means any federally recognized Indian tribe whose traditional lands and territories included parts of Washington as described in RCW 43.376.010.
[ 2026 c 214 s 4. ]
(1) To the extent practicable, each county auditor shall schedule the following meetings with each federally recognized Indian tribe located in whole or in part within the county:
(a) Not later than August 1st of each odd-numbered year, a meeting to discuss the details for the next regularly scheduled election cycle. Such a meeting may address, without limitation:
(i) The establishment and operation of voting centers or ballot drop boxes within an Indian reservation and the size requirements for any such voting centers or ballot drop boxes;
(ii) The dates and times of the upcoming elections for which voting centers or ballot drop boxes may be established;
(iii) The deadlines relating to the next regularly scheduled election cycle for the federally recognized Indian tribe to submit a request for the establishment of voting centers or ballot drop boxes;
(iv) Responsibilities for the recruitment of election officers; and
(v) Any other information relating to the establishment and operation of voting centers and ballot drop boxes;
(b) Not later than September 1st of each odd-numbered year, a meeting to confirm any details relating to the establishment and operation of voting centers or ballot drop boxes. Such a meeting may address, without limitation:
(i) Whether the federally recognized Indian tribe will request or has requested to establish any voting centers or ballot drop boxes within an Indian reservation and the size requirements for any such voting centers and ballot drop boxes;
(ii) The days and hours of any voting center or ballot drop box established within an Indian reservation;
(iii) Election officers for any voting center or ballot drop box established within an Indian reservation; and
(iv) The deadlines relating to the next regularly scheduled election cycle for the federally recognized Indian tribe to submit a request for the establishment of voting centers or ballot drop boxes; and
(c) A meeting on an ongoing basis during the year of an election if a federally recognized Indian tribe elects to establish any voting centers or ballot drop boxes within an Indian reservation.
(2) If a county auditor:
(a) Is unable to make contact with a federally recognized Indian tribe to carry out the requirements of subsection (1) of this section, the county auditor shall contact the secretary of state to facilitate contact; or
(b) Has not contacted a federally recognized Indian tribe, a representative of the federally recognized Indian tribe may contact the secretary of state to facilitate contact.
(3) The tribal liaison designated by the secretary of state may assist the county auditor or a federally recognized Indian tribe to facilitate any contact required pursuant to this section.
[ 2026 c 214 s 1. ]
Each biennium, the secretary of state must meet with the federally recognized Indian tribes of the state to provide a forum for discussing and addressing barriers to voting, including but not limited to:
(1) Education and outreach tools for tribal voters;
(2) The use of tribal identification card data for online voter registration;
(3) Assistance with tribal-led voter registration drives;
(4) Establishment of ballot mailing sites on tribal land for voters with nontraditional mailing addresses;
(5) Installation of ballot drop boxes on or near tribal lands;
(6) Providing students with information about voting and opportunities to register or preregister to vote;
(7) Personalized voter registration links, emails with election date reminders, and meetings or presentations on various elections topics; and
(8) Any other policy issues or tribal concerns.
[ 2026 c 214 s 2. ]
(1) The secretary of state may, within existing resources, study the feasibility of employing an electronic ballot portal that enables covered voters to return a voted ballot.
(2) Any electronic ballot portal design being studied must:
(a) Be secure against electronic monitoring and incursion or interference;
(b) Provide the maximum level of voter secrecy and privacy available;
(c) Ensure that only a single vote is cast by any voter authorized to use the electronic ballot portal to return a voted ballot;
(d) Have the capability to produce an auditable paper record at the receiving end; and
(e) Authorize only covered voters to return a voted ballot.
(3) In studying electronic ballot portal designs, the secretary of state may rely on the results of independent design, engineering, and performance evaluations as well as contract or consult with experts such as county auditors, representatives with expertise in electronic voting methods, and cybersecurity experts.
(4) Nothing in this section may be construed to authorize the use of an electronic ballot portal to return a voted ballot in this state.
(5) If the secretary of state conducts a feasibility study in accordance with this section, the secretary of state shall, within 180 days of completing the study and in compliance with RCW 43.01.036, provide the appropriate committees of the legislature with a report of the results of its feasibility study and any recommendations on whether the state should employ an electronic ballot portal for use in elections in this state.
(6) For purposes of this section, "covered voter" means:
(a) Service voters as defined in RCW 29A.04.163;
(b) Overseas voters as defined in RCW 29A.04.109;
(c) Disabled voters as defined in RCW 29A.04.037; and
(d) Any elector who is a member of a federally recognized Indian tribe and resides on an Indian reservation.
(7) This section expires 30 days after the secretary of state submits its report to the legislature described in subsection (5) of this section. The secretary of state must provide written notice of the expiration date of this section to affected parties, the chief clerk of the house of representatives, the secretary of the senate, the office of the code reviser, and others as deemed appropriate by the secretary of state.
[ 2026 c 214 s 3. ]
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