Title 434 WAC — Secretary of State

Chapter 434-04 Use of the state seal.

Wash. Admin. Code § 434-04-010 Authority and purpose.

These rules are adopted under authority of chapter 43.04 RCW to provide for the efficient authorization of the use of the state seal.

History

Statutory Authority: RCW 43.04.040(4). WSR 89-20-031, § 434-04-010, filed 9/29/89, effective 10/30/89.

Wash. Admin. Code § 434-04-015 Definitions.

When used in this chapter, unless the context clearly indicates otherwise:

(1) "Secretary" is the secretary of state and his or her designee;

(2) "State seal" or "seal" is the seal of the state of Washington, used in any form (embossed, displayed, printed, physical representation or any other reproduction) as described in RCW 1.20.080 and in WA. Const., Article XVIII, Section 1, or the seal as used on the state flag according to specifications detailed in WAC 434-04-017, or the seal produced by the seal making device designed and created by the Talcott brothers of Olympia in 1889, unless context indicates otherwise;

(3) "Person" is any public or private corporation, individual, partnership, association, or other entity and includes any officer or governing or managing body thereof;

(4) "State agency" is, for the purpose of this chapter, any office, department, board, commission, or other separate unit or division, however designated, of the state government together with all personnel thereof:

(a) Upon which the statutes confer powers and impose duties in connection with operations of either a governmental or proprietary nature; and

(b) That has as its chief executive officer a person or combination of persons such as a commission, board, or council, by law empowered to operate it, responsible either to

(i) No public officer or

(ii) The governor.

(5) "State elected official" is a member of the house of representatives, senate, supreme court, court of appeals and the governor, auditor, secretary of state, treasurer, commissioner of public lands, superintendent of public instruction, insurance commissioner, lieutenant governor, and attorney general of the state of Washington and their designees;

(6) "Educational use" means the primary use of an item containing the state seal as an educational tool;

(7) "Commercial use" and "commercially distributed" means a use of items containing the seal that will be distributed for sale. This shall not include those items to be used for official state business.

History

Statutory Authority: RCW 43.04.040(4). WSR 89-20-031, § 434-04-015, filed 9/29/89, effective 10/30/89.

Wash. Admin. Code § 434-04-017 Description of seal for use on state flags.

(1) Each flag shall have official identical seals, one on each side of the flag, and so placed that the center of each seal shall be centered on each side of the flag. The seal may have a serrated edge;

(2) The size of the seal to be used shall be in proportion to the size of the flag as follows:

| Flag | Size Diameter of State Seal: | | --- | --- | | 3' x 5' | 19" | | 4' x 6' | 25" | | 5' x 8' | 31" |

In all the other instances, the ratio of the seal diameter to the length of the flag shall be 1:3; and the ratio of the flag height to flag width shall be 1:1.6;

(3) The following color references for textiles are by cable number in the Standard Color Reference of America, Tenth Edition of The Color Association of the United States, Inc., New York, New York

| Flag Color | Cable Color (Textile) | Pantone Color (Process CMYK Printing) | | --- | --- | --- | | Flag Background | Irish Green 80210 | PMS DS-268-1 | | State Seal Background | Oriental Blue 80176 | PMS DS-226-3 | | State Seal (portrait, lettering, outer and inner rings) | Black | PMS Process Black | | State Seal Gold | Spanish Yellow 80068 | PMS DS-5-4 | | Fringe (if any) Gold | Spanish Yellow 80068 | PMS DS-5-4 | | George Washington's Face | Eggshell 80004 | PMS DS-5-9 |

(4) All textile colors shall be of colorfast washable dyes;

(5) The flag may be flown or displayed in its entirety as described herein; the state seal shall not be expropriated from the flag for any other use and such expropriation is regulated by the statutes (chapter 43.04 RCW) and administrative rules (chapter 434-04 WAC) governing the use of the Washington state seal.

History

Statutory Authority: RCW 43.04.040 and 34.05.350. WSR 05-15-018, § 434-04-017, filed 7/7/05, effective 8/7/05. Statutory Authority: RCW 43.04.040(4). WSR 89-20-031, § 434-04-017, filed 9/29/89, effective 10/30/89.

Wash. Admin. Code § 434-04-020 General permitted uses.

(1) Use of the state seal shall be permitted without the written authorization of the secretary in the following circumstances:

(a) Use and display of the seal by state agencies and state elected officials in connection with official state business. However, no state agency nor state elected official other than the secretary shall have authority to permit a contractor or other entity associated with a state agency or state elected official to use the seal for commercial purposes;

(b) Use of the seal for illustrative purposes by the news media for a publication or broadcast or for a characterization used in a political cartoon;

(2) Other uses of the seal shall require written authorization from the secretary.

History

Statutory Authority: RCW 43.04.040(4). WSR 89-20-031, § 434-04-020, filed 9/29/89, effective 10/30/89.

Wash. Admin. Code § 434-04-030 Permitted uses of the embossed seal.

Use of the embossed seal shall be used only on, unless otherwise provided by statute:

(1) Sample impressions of the seal provided by the office of the secretary of state;

(2) Official documents which are authorized and/or required by statute;

(3) Other historic, civic, commemorative or educational uses, provided that the secretary's signature appears thereon.

History

Statutory Authority: RCW 43.04.040(4). WSR 89-20-031, § 434-04-030, filed 9/29/89, effective 10/30/89.

Wash. Admin. Code § 434-04-040 General prohibitions.

The seal shall never be used:

(1) In any advertising or other promotion for a business, organization, product, article or service, except as provided by license;

(2) In a manner which, in the judgement of the secretary, could mislead the public to believe that a business, organization, product, article or service carries official state sanction or state approval;

(3) In a political campaign to assist or defeat a candidate;

(4) In a manner which is deceptively similar in appearance to the seal;

(5) On wearing apparel including, but not limited to, hats, shirts, sweaters, jackets, shorts, sweatpants and socks, except:

(a) By state agencies and state elected officials in connection with official state business;

(b) As approved by the secretary for civic purposes such as by organizations officially representing the state.

(6) In a manner such that any mark, insignia, letter, word, figure, design, picture, or drawing of any nature is placed upon it or on any part of it;

(7) In any gambling activity except:

(a) When an item is to be used in a raffle which is approved and conducted in accordance with chapter 9.46 RCW and the use is approved under WAC 434-04-040; or

(b) When an item is to be used for official state business.

History

Statutory Authority: RCW 43.04.040(4). WSR 89-20-031, § 434-04-040, filed 9/29/89, effective 10/30/89.

Wash. Admin. Code § 434-04-050 Application process.

(1) A person requesting authorization for use of the seal shall supply the following information to the secretary:

(a) A detailed description of the item to be manufactured or displayed including:

(i) A description of the material with which it will be made;

(ii) The manner in which the seal is to be displayed on the item;

(b) A detailed description of proposed use, including: Manner, purpose, and place of use, whether it is primarily an educational item, the manner of distribution of the item and the manner in which the item is to be advertised or promoted;

(2) The application fee shall be ten dollars for items to be commercially distributed. The application fee shall be waived for noncommercial uses.

History

Statutory Authority: RCW 43.04.040(4). WSR 89-20-031, § 434-04-050, filed 9/29/89, effective 10/30/89.

Wash. Admin. Code § 434-04-060 Approval and denial of use—Applications.

(1) In determining whether to grant authorization for use of the seal, the secretary shall consider the information provided by the applicant and shall apply the following standards:

(a) Whether the appearance of the seal on the product could mislead the public to believe that the product carries official state sanction or approval;

(b) Whether the use of the seal would tend to mislead the public into believing that a person, meeting, project or event carries official state sanction or approval;

(d) Whether the use of the seal is prohibited as otherwise stated in this chapter and in chapter 43.04 RCW.

(2) A written letter of approval or denial from the secretary shall be sent through first-class mail;

(3) Approval shall be in the form of a nontransferable letter of authority. The letter shall set forth, at a minimum, provisions which stipulate:

(a) The limitation on the manufacture, manner of use, display and other employment;

(b) That the seal may not be used or be construed to be operated in any way as an endorsement by the state of Washington;

(c) That the state, in granting authority to use the seal, does not assume any liability in connection with the use of the seal.

(4) As condition to the letter of authority, applicants for commercial use of the seal shall execute a renewable, nonexclusive licensing agreement. Educational uses of the seal which are to be commercially distributed shall not be subject to a licensing agreement.

History

Statutory Authority: RCW 43.04.040(4). WSR 89-20-031, § 434-04-060, filed 9/29/89, effective 10/30/89.

Wash. Admin. Code § 434-04-070 Nonexclusive licensing agreement—Contents.

A license agreement issued by authority of this chapter shall contain provisions including, but not limited to, the following:

(1) The agreement shall be nonexclusive;

(2) Any unit manufactured or sold during the term of the agreement shall be subject to a royalty payment. No unit may be sold or manufactured except during the term of the agreement;

(3) The term of the agreement shall be a period of not more than one year, commencing on the day the agreements is executed. At the time the agreement is executed, the applicant shall choose as an ending date either:

(a) One year from the date the agreement is executed; or

(b) The first day of the applicant's next financial year following the date the agreement is executed.

(4) The due date of the royalty payment shall be thirty days after the ending date of the agreement;

(5) At the discretion of the secretary, the royalty shall equal one dollar per unit manufactured or 5% of the gross receipts. The royalty shall accrue and be payable on or before the due date;

(6) The applicant shall provide, prior to commencing distribution, an actual production sample to the secretary;

(7) The applicant shall have the option to request renewal of the licensing agreement. The license agreement shall contain the procedure for exercising the option to renew;

(8) The secretary shall have the right to inspect production and financial records relating to the use of the seal;

(9) Any guidelines or limitations regarding the advertising or promotion of the item shall be stated.

History

Statutory Authority: RCW 43.04.040(4). WSR 89-20-031, § 434-04-070, filed 9/29/89, effective 10/30/89.

Wash. Admin. Code § 434-04-075 Renewal of licensing agreement.

(1) An applicant may request to renew a licensing agreement without regard to whether the agreement has or has not been previously renewed. A request for renewal shall be in writing and shall be postmarked or received by the secretary on or before the last day of the agreement;

(2) A request for renewal which is received as stipulated by this section shall cause the agreement to be extended for a period of one year, provided that:

(a) The royalty is paid in full on or before the due date; and

(b) No changes in the use or the item occur.

(3) If a request for renewal is not properly submitted and received, the license agreement shall terminate on the last day of the term of the agreement and future use of the seal by the applicant shall be subject to the application process.

History

Statutory Authority: RCW 43.04.040(4). WSR 89-20-031, § 434-04-075, filed 9/29/89, effective 10/30/89.

Wash. Admin. Code § 434-04-080 Revocation of use.

The secretary may revoke any approval if the secretary determines that false or inaccurate information was submitted in the application or that any laws, rules, regulations or conditions have been violated.

History

Statutory Authority: RCW 43.04.040(4). WSR 89-20-031, § 434-04-080, filed 9/29/89, effective 10/30/89.

Wash. Admin. Code § 434-04-090 Uses exempt from application process.

Uses of the seal which received written authorization from the secretary before September 1, 1989 shall continue to be authorized provided that:

(1) No changes in the use or in the item occur. Any changes must be approved through the application process; and

(2) The use is not commercial.

History

Statutory Authority: RCW 43.04.040(4). WSR 89-20-031, § 434-04-090, filed 9/29/89, effective 10/30/89.

Chapter 434-12 Trademarks.

Wash. Admin. Code § 434-12-005 Trademark filing—Fees.

(1) Trademarks are filed with the corporations division of the secretary of state and may be delivered in person, by mail, and when available, online.

(2) Filing and other fees for trademarks are set forth in WAC 434-112-080 through 434-112-090.

(3) Photocopy fees for trademarks are per WAC 434-12A-100.

(4) Certified copies of trademarks are ten dollars for each certification plus the photocopy fee.

History

Statutory Authority: RCW 19.77.115. WSR 15-22-044, § 434-12-005, filed 10/29/15, effective 1/1/16. Statutory Authority: RCW 19.77.090, 19.77.115. WSR 10-04-045, § 434-12-005, filed 1/28/10, effective 2/28/10. Statutory Authority: RCW 23B.01.200(2), 24.03.007, [24.03.]008, 25.15.007, 19.09.020(15), [19.09].315, 19.77.115, and 43.07.170. WSR 04-04-018, § 434-12-005, filed 1/23/04, effective 2/23/04.

Wash. Admin. Code § 434-12-015 Classification of goods and services.

(1) The corporations division adopts the following table for classification of goods and services:

Goods

Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins; unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesives used in industry.
Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants; mordants; raw natural resins; metals in foil and powder form for painters, decorators, printers and artists.
Cosmetics and cleaning preparations, bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices.
Lubricants and fuels, industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels (including motor spirit) and illuminants; candles, wicks.
Pharmaceuticals, veterinary, and sanitary preparations; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides.
Metal goods, common metals and their alloys; metal building materials; transportable buildings of metal; materials of metal for railway tracks; nonelectric cables and wires of common metal; ironmongery, small items of metal hardware; pipes and tubes of metal; safes; goods of common metal not included in other classes; ores.
Machinery, machines and machine tools; motors and engines (except for land vehicles); machine coupling and transmission components (except for land vehicles); agricultural implements other than hand-operated; incubators for eggs.
Hand tools and implements (hand-operated); cutlery; side arms; razors.
Electrical and scientific apparatus, scientific, nautical, surveying, electric, photographic, cinematographic, optical, weighing, measuring, signaling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire extinguishing apparatus.
Medical apparatus, surgical, medical, dental, and veterinary apparatus and instruments, artificial limbs, eyes, and teeth; orthopedic articles; suture materials.
Environmental control apparatus, apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply, and sanitary purposes.
Vehicles; apparatus for locomotion by land, air, or water.
Firearms; ammunition and projectiles; explosives; fireworks.
Jewelry, precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes; jewelry, precious stones; horological and chronometric instruments.
Musical instruments.
Paper goods and printed matter, paper, cardboard and goods made from these materials, not included in other classes; printed matter; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artists' materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); playing cards; printers' type; printing blocks.
Rubber goods, rubber, gutta-percha, gum, asbestos, mica and goods made from these materials and not included in other classes; plastics in extruded form for use in manufacture; packing, stopping and insulating materials; flexible pipes, not of metal.
Leather goods, leather and imitations of leather, and goods made of these materials and not included in other classes; animal skins, hides; trunks and traveling bags; umbrellas, parasols and walking sticks; whips, harness and saddlery.
Nonmetallic building materials, building materials (nonmetallic); nonmetallic rigid pipes for building; asphalt, pitch and bitumen; nonmetallic transportable buildings; monuments, not of metal.
Furniture and articles not otherwise classified, furniture, mirrors, picture frames; goods (not included in other classes) of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum and substitutes for all these materials, or of plastics.
Housewares and glass, household or kitchen utensils and containers (not of precious metal or coated therewith); combs and sponges; brushes (except paint brushes); brush making materials; articles for cleaning purposes; steel wool; unworked or semi-worked glass (except glass used in building); glassware, porcelain and earthenware not included in other classes.
Cordage and fibers, ropes, string, nets, tents, awnings, tarpaulins, sails, sacks and bags (not included in other classes); padding and stuffing materials (except of rubber or plastics); raw fibrous textile materials.
Yarns and threads, for textile use.
Fabrics, textiles and textile goods, not included in other classes; beds and table covers.
Clothing, footwear, headgear.
Fancy goods, lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flowers.
Floor coverings, carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings (nontextile).
Toys and sporting goods, games and playthings; gymnastic and sporting articles not included in other classes; decorations for Christmas trees.
Meats and processed foods, meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, fruit sauces; eggs, milk and milk products; edible oils and fats.
Staple foods, coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking powder; salt, mustard; vinegar, sauces (condiments); spices; ice.
Natural agricultural products, agricultural, horticultural and forestry products and grains not included in other classes; living animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals; malt.
Light beverages, beers; mineral and aerated waters and other nonalcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages.
Wine and spirits, alcoholic beverages (except beers).
Smokers' articles, tobacco; smokers' articles; matches.

Services

Advertising and business, advertising; business management; business administration; office functions.
Insurance and financial, insurance; financial affairs; monetary affairs; real estate affairs.
Building construction and repair; installation services.
Telecommunications.
Transportation and storage, transport; packaging and storage of goods; travel arrangement.
Treatment of materials.
Education and entertainment; providing of training; entertainment; sporting and cultural activities.
Computer, scientific and legal, scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software; legal services.
Hotels and restaurants; services for providing food and drink; temporary accommodations.
Medical, beauty and agricultural; medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services.
Personal; personal and social services rendered by others to meet the needs of individuals; security services for the protection of property and individuals.

(2) This table is adopted from the schedule for classification of goods and services published by the United States Patent and Trademark Office.

History

Statutory Authority: RCW 19.77.115. WSR 15-22-044, § 434-12-015, filed 10/29/15, effective 1/1/16. Statutory Authority: RCW 19.77.090, 19.77.115. WSR 10-04-045, § 434-12-015, filed 1/28/10, effective 2/28/10. Statutory Authority: RCW 19.77.115. WSR 04-05-041, § 434-12-015, filed 2/12/04, effective 3/14/04.

Wash. Admin. Code § 434-12-025 Document and specimen standards for trademark filing.

(1) Specimens submitted in support of a trademark filing must:

(a) Be of sufficient quality, size and clarity to allow the division to create and maintain an accurate digital image of the specimen; and

(b) Demonstrate that the trademark is in use in commerce; preliminary design artwork is not acceptable.

(2) Specimens submitted in support of a trademark reservation:

(a) Must be of sufficient quality, size and clarity to allow the division to create and maintain an accurate digital image of the specimen; and

(b) May be in the form of preliminary design artwork so long as the design clearly describes the trademark to be reserved; and

(3) Corporations division staff may reject submissions based on the following criteria:

(a) Application is incomplete;

(b) Application is in pencil or unable to be scanned as a readable image;

(i) Similarity or dissimilarity of marks in their entireties to appearance; or

(ii) Similarity or dissimilarity of goods and services classifications.

History

Statutory Authority: RCW 19.77.115. WSR 16-01-191, § 434-12-025, filed 12/23/15, effective 1/23/16
WSR 15-22-044, § 434-12-025, filed 10/29/15, effective 1/1/16. Statutory Authority: RCW 23B.01.200(2), 24.03.007, [24.03.]008, 25.15.007, 19.09.020(15), [19.09].315, 19.77.115, and 43.07.170. WSR 04-04-018, § 434-12-025, filed 1/23/04, effective 2/23/04.

Chapter 434-12A Public records and rules of procedure.

Wash. Admin. Code § 434-12A-010 Authority and purpose.

(1) RCW 42.56.070(1) requires each agency to make available "public records" in accordance with published rules. RCW 42.56.070(2) requires each agency to set forth "for informational purposes" every law, in addition to the Public Records Act (the "act"), that exempts or prohibits the disclosure of public records held by that agency.

(2) The purpose of this chapter is to establish the rules the office of the secretary of state (the "office") will follow in order to provide full access to public records.

(3) The office will be guided by the provisions of the act describing its purposes and interpretation when carrying out responsibilities in chapter 42.56 RCW.

History

Statutory Authority: Chapter 42.56 RCW. WSR 26-01-013, s 434-12A-010, filed 12/4/25, effective 1/4/26. Statutory Authority: RCW 42.56.040. WSR 09-04-026, § 434-12A-010, filed 1/28/09, effective 2/28/09
Order 74-2, § 434-12A-010, filed 2/19/74.

Wash. Admin. Code § 434-12A-030 Description of the organization of the office of the secretary of state.

(1) The office's general duties are set forth in chapter 43.07 RCW, and relate generally to elections, the formation and maintenance of business organizations, charitable solicitations, charitable trusts, registration of domestic partnerships, archives and records management, the state library, the productivity board, the address confidentiality program, legacy Washington, and the combined fund drive.

(2) The public records officer is responsible for overseeing the office's compliance with the act, but another office staff member may process the request. Therefore, these rules will refer to the public records officer "or designee." The public records officer or designee will implement the office's rules regarding public records; create and maintain a records index; and provide the fullest possible assistance to requestors.

History

Statutory Authority: Chapter 42.56 RCW. WSR 26-01-013, s 434-12A-030, filed 12/4/25, effective 1/4/26. Statutory Authority: RCW 43.107.120, chapter 42.56 RCW, and 2017 c 304. WSR 17-22-047, § 434-12A-030, filed 10/25/17, effective 11/25/17. Statutory Authority: RCW 42.56.040. WSR 09-04-026, § 434-12A-030, filed 1/28/09, effective 2/28/09
Order 74-2, § 434-12A-030, filed 2/19/74.

Wash. Admin. Code § 434-12A-040 Public records available.

All public records of the office are deemed to be available for the public during normal business hours, pursuant to these rules and applicable state law. For the purposes of this chapter, normal business hours are Monday through Friday, 8:00 a.m. to 5:00 p.m., excluding legal holidays. Records must be inspected at the office, for which an appointment is required.

(1) Records index. Pursuant to RCW 42.56.070, an index is available on the office's website at www.sos.wa.gov. A variety of other records are also available on the office's website. Requestors are encouraged to view the documents available on the website prior to submitting a records request.

(2) Organization of records. The office will maintain its records in a reasonably organized manner. The office will take reasonable actions to protect records from damage and disorganization.

History

Statutory Authority: Chapter 42.56 RCW. WSR 26-01-013, s 434-12A-040, filed 12/4/25, effective 1/4/26. Statutory Authority: RCW 42.56.040. WSR 09-04-026, § 434-12A-040, filed 1/28/09, effective 2/28/09
Order 74-2, § 434-12A-040, filed 2/19/74.

Wash. Admin. Code § 434-12A-042 Making a request for public records.

In accordance with chapter 42.56 RCW, the public may request to inspect or copy records as follows:

(1) Submit a request through one of the following methods:

(a) Online at www.sos.wa.gov;

(b) Email to PublicRecords@sos.wa.gov;

(d) Fax to 360-704-7830; or

(e) Verbally by phone at 360-704-5220 or in person. The public records officer or designee will confirm receipt of request in writing. The office will presume that the request is fully and accurately described in this confirmation unless the requestor promptly indicates otherwise in writing.

(2) Requestors may be asked to include the following information with their records request:

(a) Name of requestor. Identity of requestor may be required if the records sought are limited to a particular group;

(b) Other contact information, such as email address, physical address, or telephone number;

(d) The nature of the request; and

(e) A specific description of the public records, adequate for the public records officer or designee to locate the records.

(3) If the requestor wishes to have copies of the records made instead of inspecting them, they should so indicate.

(4) When requesting a list of individuals, the requestor may be required to complete a statement agreeing not to release or use the information for commercial purposes.

(5) Requests must be made for identifiable public records and the office may ask for clarification when necessary. The public records officer or designee is not able to answer questions about the nature of records or their use.

History

Statutory Authority: Chapter 42.56 RCW. WSR 26-01-013, s 434-12A-042, filed 12/4/25, effective 1/4/26.

Wash. Admin. Code § 434-12A-045 Processing of public records requests.

(1) Providing "fullest assistance." The public records officer or designee will provide the fullest assistance alongside the most timely possible action to requestors, without excessive interference to other essential functions of the office. The public records officer or designee will process requests in an order allowing the most requests to be processed in the most efficient manner.

(2) Acknowledging receipt of request. Within five business days of receipt of the request, the public records officer or designee will do one or more of the following:

(a) Provide the record or make the records available for inspection or copying, either in hard copy or electronically;

(b) Provide an online link to the record. If the requestor notifies the office they cannot access records through the internet, then the public records officer or designee will provide copies of the record or allow the requestor to view copies;

(d) Request clarification from the requestor if the request is unclear or does not sufficiently identify the requested records. The public records officer or designee may revise the estimate of when records will be available or close the request if the requestor fails to clarify the request within five business days of notice; or

(e) Deny the request. Denials will be accompanied by a written statement citing specific reasons for denial.

(3) Delayed responses. If the requestor does not receive a response in writing within five business days of submitting the request for disclosure, the requestor should consider contacting the public records officer to determine the reason for the delay and to determine whether their request was received.

(4) Protecting rights of others. If the requested records contain information that may affect the rights of others and may be exempt from disclosure, the public records officer or designee may provide notice to the persons named in the records, before providing records to the requestor. Notice should be given so as to make it possible for those persons named to contact the requestor and ask them to revise the request, or, if necessary, seek an order from a court to prevent or limit the disclosure. The notice to the affected persons will include a copy of the request. Due to these notifications, fulfillment of the request may be delayed.

(5) Searching for records. The office will conduct a reasonable search for responsive records. A reasonable search typically involves the public records officer or designee working with departments across the office to decide where the records are likely to be and how to access them. The office is only responsible for records it creates or maintains and not for records created or maintained by other state agencies or local governments.

(6) Inspection of records.

(a) Consistent with other demands, the office shall promptly provide space to inspect public records. No member of the public may remove a document from the viewing area or disassemble or alter any public records. The requestor shall indicate which records they want copied.

(b) The requestor must claim copies or review the assembled records within thirty days of the office's notification. The public records officer or designee will notify the requestor in writing of this requirement and ask them to make arrangements to collect or review the records.

(c) If the requestor or their representative fails to claim or review the records within the 30-day period or make other arrangements, the office may close the request and refile the assembled records. The public records officer or designee will notify the requestor in writing that the request will be closed within 10 business days if the records are not inspected.

(7) Providing copies of records. After inspection is complete, the public records officer or designee will make the requested copies or arrange for copying.

(8) Providing electronic records. Electronic records will be provided in a format that is generally commercially available. If the requestor notifies the office they cannot access electronic records, then the public records officer or designee will provide paper copies of the record or allow the requestor to view copies using an office computer.

(9) Providing records in installments. When the request is for a large number of records, the public records officer or designee may provide records in installments. If, within 30 days, the requestor fails to inspect or open electronically the entire set of records or one or more of the installments, the public records officer or designee may stop searching for the remaining records and close the request. The public records officer or designee will notify the requestor in writing that the request will be closed within 10 business days if the records are not inspected or opened electronically.

(10) Completion of request. After the public records officer or designee has finished all searches for records, provided all installments of records, and after the requestor has completed any inspections or requests for copies, the office will send the requestor a written notification, closing the request.

(11) Closing withdrawn or abandoned requests. If the requestor either withdraws the request or fails to fulfill their obligations to inspect the records, the public records officer or designee may close the request and indicate in writing to the requestor that the request is closed.

(12) Later discovered documents. If the office discovers additional responsive documents existing at the time of the request, the public records officer or designee will promptly inform the requestor of the additional documents and provide them on an expedited basis.

History

Statutory Authority: Chapter 42.56 RCW. WSR 26-01-013, s 434-12A-045, filed 12/4/25, effective 1/4/26. Statutory Authority: RCW 43.107.120, chapter 42.56 RCW, and 2017 c 304. WSR 17-22-047, § 434-12A-045, filed 10/25/17, effective 11/25/17. Statutory Authority: RCW 42.56.040. WSR 09-04-026, § 434-12A-045, filed 1/28/09, effective 2/28/09.

Wash. Admin. Code § 434-12A-054 No duty to create records.

The office is not obligated to create a new record to satisfy a records request, including production of new records from an electronic database. See WAC 44-14-04003(6).

History

Statutory Authority: Chapter 42.56 RCW. WSR 26-01-013, s 434-12A-054, filed 12/4/25, effective 1/4/26.

Wash. Admin. Code § 434-12A-100 Costs for providing copies of public records.

(1) The office does not charge fees for the inspection of public records.

(2) The office may charge fees for providing copies of public records consistent with the fee schedule established in RCW 42.56.120.

(3) Pursuant to RCW 42.56.120(2), the office declares for the following reasons that it would be unduly burdensome to calculate the actual costs of providing copies of public records:

(a) Funds were not allocated for performing a study and calculations;

(b) Staff resources are insufficient to perform a study and to calculate such actual costs; and

(4) Before beginning to make the copies, the public records officer or designee may require a deposit of up to 10 percent of the estimated costs of copying all the records selected by the requestor. The public records officer or designee may also require the payment of the remainder of the copying costs before providing all the records, or the payment of the costs of copying an installment before providing that installment. The office will not charge sales tax when it makes copies of public records.

History

Statutory Authority: Chapter 42.56 RCW. WSR 26-01-013, s 434-12A-100, filed 12/4/25, effective 1/4/26. Statutory Authority: RCW 43.107.120, chapter 42.56 RCW, and 2017 c 304. WSR 17-22-047, § 434-12A-100, filed 10/25/17, effective 11/25/17. Statutory Authority: RCW 42.56.040. WSR 09-04-026, § 434-12A-100, filed 1/28/09, effective 2/28/09
Order 74-2, § 434-12A-100, filed 2/19/74.

Wash. Admin. Code § 434-12A-110 Exemptions.

(1) The Public Records Act provides that a number of record types are exempt from public disclosure. If the office determines a record or information within a record is exempt from disclosure, the public records officer or designee will state the specific exemption and provide a brief explanation of why the record or portion of the record is being withheld. If only a portion of a record is exempt from disclosure, the public records officer or designee will redact the exempt portions while providing the nonexempt portions.

(2) Requestors should be aware that exemptions outside the Public Records Act may restrict the availability of some records held by the office. These exemptions include, but are not limited to, the following:

RCW 5.60.060(2) (attorney-client privilege, together with attorney work product privilege).

RCW 5.60.060(5) (communications to a public officer in official confidence).

RCW 5.60.070 (communications between a mediator and a party to mediation).

RCW 29A.08.710 through 29A.08.775 (voter registration records).

RCW 29A.32.100 (arguments and statements for voters pamphlet).

RCW 29A.60.110 (sealing of ballot containers).

RCW 40.14.030 (exempt records accessioned into state archives).

RCW 40.24.070 (address confidentiality program).

The foregoing list is for informational purposes only and failure to list an exemption shall not affect the efficacy of any exemption. The office reserves the right to determine that a public record is exempt under the provisions of state law.

(3) The office is prohibited by statute from disclosing lists of individuals for commercial purposes.

History

Statutory Authority: Chapter 42.56 RCW. WSR 26-01-013, s 434-12A-110, filed 12/4/25, effective 1/4/26. Statutory Authority: RCW 29A.04.611. WSR 14-06-040, § 434-12A-110, filed 2/26/14, effective 3/29/14. Statutory Authority: RCW 42.56.040. WSR 09-04-026, § 434-12A-110, filed 1/28/09, effective 2/28/09
Order 74-2, § 434-12A-110, filed 2/19/74.

Wash. Admin. Code § 434-12A-120 Review of denials of public records requests.

(1) Petition for internal administrative review of denial of access. Any person who objects to the initial denial or partial denial of a records request may petition in writing (including email) to the public records officer for a review of the decision. The petition shall include a copy of or reasonably identify the written statement by the public records officer or designee denying the request.

(2) Consideration of petition for review. The public records officer shall promptly provide the petition and any other relevant information to the assistant secretary of state or the deputy secretary of state, who will consider the petition and either affirm or reverse the denial. Within two business days following receipt of the petition, the assistant secretary of state or deputy secretary of state shall notify the petitioner and the public records officer in writing of the decision or that more time is required to consider the petition.

(3) Review by the attorney general's office. Pursuant to RCW 42.56.530, if the office denies a requestor access to public records because it claims the record is exempt in whole or in part from disclosure, the requestor may request the attorney general's office to review the matter. The attorney general has adopted rules on such requests in WAC 44-06-160.

(4) Judicial review. Any person may obtain court review of denials of public records requests pursuant to RCW 42.56.550 at the conclusion of two business days after the initial denial regardless of any internal administrative appeal.

History

Statutory Authority: Chapter 42.56 RCW. WSR 26-01-013, s 434-12A-120, filed 12/4/25, effective 1/4/26. Statutory Authority: RCW 42.56.040. WSR 09-04-026, § 434-12A-120, filed 1/28/09, effective 2/28/09
Order 74-2, § 434-12A-120, filed 2/19/74.

Chapter 434-112 Corporations and charities division program services, procedures and fees.

Wash. Admin. Code § 434-112-010 Services provided by the corporations and charities division, "the division".

The corporations and charities division provides the following services:

(1) Filing business records under chapter 18.100 RCW, and Titles 23, 23B, and 25 RCW;

(2) Filing nonprofit entity records under Title 24 RCW;

(3) Filing registrations for charitable organizations, charitable trusts, and commercial fund-raisers under chapters 11.110 and 19.09 RCW and 434-120 WAC;

(4) Filing trademark registrations under chapters 19.77 RCW and 434-12 WAC;

(5) Filing registration records of international student exchange programs under chapters 19.166 RCW and 434-166 WAC;

(6) Providing apostille certification of documents under RCW 43.07.032 and the Hague Conference 1961 Apostille Convention;

(7) Agent for service of process on nonresident motorists under RCW 46.64.040;

(8) Agent for service of process on defendants in actions for recovery of damages for motor vehicle theft, as authorized by RCW 9A.56.078;

(9) Agent for service of process for those entities and under those circumstances listed in RCW 23.95.450 and 23B.18.040;

(10) Agent for service of process in civil actions relating to acting as an athlete agent under RCW 19.225.020;

(11) Filing registration records of state registered domestic partnerships under chapter 26.60 RCW and RCW 43.07.400.

History

Statutory Authority: Chapters 11.110, 18.100, 19.77, 19.09, 23.86, 23.90, 23B.01, 24.03, 24.06, 25.10, 25.15, 43.07, and 46.64 RCW. WSR 23-18-053, § 434-112-010, filed 8/31/23, effective 10/1/23. Statutory Authority: RCW 19.34.030, 43.07.120 and chapter 19.34 RCW. WSR 19-16-130, § 434-112-010, filed 8/6/19, effective 9/6/19. Statutory Authority: 2015 c 176, and chapters 11.110, 18.100, 19.77, 23.86, 23.90, 23B.01, 24.03, 24.06, 25.10, 25.15, 43.07, and 46.64 RCW. WSR 15-22-047, § 434-112-010, filed 10/29/15, effective 1/1/16. Statutory Authority: RCW 11.110.070, 18.100.035, 19.77.015, [19.77.]030, [19.77.]050, [19.77.]060, 23.86.075, 23.90.050, 23B.01.200, [23B.01.]220, 24.03.007, [24.03.]302, [24.03.]405, [24.03.]410, 24.06.290, [24.06.]440, [24.06.]445, [24.06.]450, [24.06.]455, [24.06.]485, 25.10.006, [25.10.]171, [25.10.]605, [25.10.]610, [25.10.]916, [25.10.]921, 25.15.007, [25.15.]810, 43.07.120, [43.07.]128, [43.07.]130, 46.64.040. WSR 10-20-150, § 434-112-010, filed 10/6/10, effective 11/6/10. Statutory Authority: RCW 43.07.400 and 9A.56.078. WSR 07-20-065, § 434-112-010, filed 9/28/07, effective 10/29/07. Statutory Authority: RCW 23B.01.200(2), 24.03.007, [24.03.]008, 25.15.007, 19.09.020(15), [19.09].315, 19.77.115, and 43.07.170. WSR 04-04-018, § 434-112-010, filed 1/23/04, effective 2/23/04.

Wash. Admin. Code § 434-112-023 Preclearance.

Records will only be precleared in person at the front counter. If grounds for rejection are found, a notice of the grounds will be included with the returned record.

History

Statutory Authority: RCW 29A.04.611. WSR 21-04-056, § 434-112-023, filed 1/27/21, effective 2/27/21. Statutory Authority: 2015 c 176, and chapters 11.110, 18.100, 19.77, 23.86, 23.90, 23B.01, 24.03, 24.06, 25.10, 25.15, 43.07, and 46.64 RCW. WSR 15-22-047, § 434-112-023, filed 10/29/15, effective 1/1/16.

Wash. Admin. Code § 434-112-025 Paper records delivered after normal working hours.

(1) Paper records, including substitute service of process on the secretary of state, delivered after the normal working hours, will be treated as though received on the next working day.

(2) Records submitted online will be treated as though received as of the date and time the division's computer system records the complete submission and credit card approval for the transaction.

(3) The secretary assumes no responsibility for any form of delivery other than that:

(a) Received personally by an employee of the office of the secretary of state; or

(b) Received by the division's computer system as a result of an electronic record submission.

History

Statutory Authority: 2015 c 176, and chapters 11.110, 18.100, 19.77, 23.86, 23.90, 23B.01, 24.03, 24.06, 25.10, 25.15, 43.07, and 46.64 RCW. WSR 15-22-047, § 434-112-025, filed 10/29/15, effective 1/1/16. Statutory Authority: RCW 11.110.070, 18.100.035, 19.77.015, [19.77.]030, [19.77.]050, [19.77.]060, 23.86.075, 23.90.050, 23B.01.200, [23B.01.]220, 24.03.007, [24.03.]302, [24.03.]405, [24.03.]410, 24.06.290, [24.06.]440, [24.06.]445, [24.06.]450, [24.06.]455, [24.06.]485, 25.10.006, [25.10.]171, [25.10.]605, [25.10.]610, [25.10.]916, [25.10.]921, 25.15.007, [25.15.]810, 43.07.120, [43.07.]128, [43.07.]130, 46.64.040. WSR 10-20-150, § 434-112-025, filed 10/6/10, effective 11/6/10. Statutory Authority: RCW 23.86.070, 23B.01.200, 23B.01.220, 24.03.405, 25.10.600, 43.07.120. WSR 09-06-036, § 434-112-025, filed 2/24/09, effective 3/27/09. Statutory Authority: RCW 23B.01.200(2), 24.03.007, [24.03.]008, 25.15.007, 19.09.020(15), [19.09].315, 19.77.115, and 43.07.170. WSR 04-04-018, § 434-112-025, filed 1/23/04, effective 2/23/04.

Wash. Admin. Code § 434-112-028 Name reservation.

(1) Requests for a name reservation submitted on paper are completed in order of date received unless immediate or expedited service is requested, and after payment has been made. A name reservation may be made by completing the form provided by the division or in a letter clearly containing all the following information:

(a) The preferred entity name, and up to three alternate names in order of preference;

(b) The entity type or entity structure for which a name reservation is sought;

(d) The signature of the applicant; and

(e) The application date.

An application on behalf of a client should also include the client's name and complete address.

(2) If subsequent documents are submitted citing the name reservation number or reserved entity name, the name and/or address of the applicant, or the client on whose behalf the reservation was submitted, must appear in the submitted document, or a transfer of reservation will be required.

(3) A name reservation expires 180 days after filing, and may not be renewed. A new filing may be made after the expiration date.

(4) Requests for a name reservation may be filed online, when the system is available.

History

Statutory Authority: Chapters 11.110, 18.100, 19.77, 19.09, 23.86, 23.90, 23B.01, 24.03, 24.06, 25.10, 25.15, 43.07, and 46.64 RCW. WSR 23-18-053, § 434-112-028, filed 8/31/23, effective 10/1/23. Statutory Authority: 2015 c 176, and chapters 11.110, 18.100, 19.77, 23.86, 23.90, 23B.01, 24.03, 24.06, 25.10, 25.15, 43.07, and 46.64 RCW. WSR 15-22-047, § 434-112-028, filed 10/29/15, effective 1/1/16. Statutory Authority: RCW 11.110.070, 18.100.035, 19.77.015, [19.77.]030, [19.77.]050, [19.77.]060, 23.86.075, 23.90.050, 23B.01.200, [23B.01.]220, 24.03.007, [24.03.]302, [24.03.]405, [24.03.]410, 24.06.290, [24.06.]440, [24.06.]445, [24.06.]450, [24.06.]455, [24.06.]485, 25.10.006, [25.10.]171, [25.10.]605, [25.10.]610, [25.10.]916, [25.10.]921, 25.15.007, [25.15.]810, 43.07.120, [43.07.]128, [43.07.]130, 46.64.040. WSR 10-20-150, § 434-112-028, filed 10/6/10, effective 11/6/10.

Wash. Admin. Code § 434-112-030 Certificates.

Certificates issued by the secretary of state or the secretary's designee in furtherance of duties under Titles 18, 19, 23, 23B, 24, 25, 26 RCW and chapter 42.45 RCW will:

(1) Contain a rendition of the Washington state seal;

(2) Contain a mechanical or electronic reproduction of the secretary's signature; and

(3) Be regarded as the secretary of state's official certification of the matters itemized in the certificate.

(4) Types of certificates issued include, but are not limited to:

(a) Certificate of existence;

(b) Certificate of registration;

(d) Duplicate certificate of registration or formation.

History

Statutory Authority: Chapters 11.110, 18.100, 19.77, 19.09, 23.86, 23.90, 23B.01, 24.03, 24.06, 25.10, 25.15, 43.07, and 46.64 RCW. WSR 23-18-053, § 434-112-030, filed 8/31/23, effective 10/1/23. Statutory Authority: 2015 c 176, and chapters 11.110, 18.100, 19.77, 23.86, 23.90, 23B.01, 24.03, 24.06, 25.10, 25.15, 43.07, and 46.64 RCW. WSR 15-22-047, § 434-112-030, filed 10/29/15, effective 1/1/16. Statutory Authority: RCW 11.110.070, 18.100.035, 19.77.015, [19.77.]030, [19.77.]050, [19.77.]060, 23.86.075, 23.90.050, 23B.01.200, [23B.01.]220, 24.03.007, [24.03.]302, [24.03.]405, [24.03.]410, 24.06.290, [24.06.]440, [24.06.]445, [24.06.]450, [24.06.]455, [24.06.]485, 25.10.006, [25.10.]171, [25.10.]605, [25.10.]610, [25.10.]916, [25.10.]921, 25.15.007, [25.15.]810, 43.07.120, [43.07.]128, [43.07.]130, 46.64.040. WSR 10-20-150, § 434-112-030, filed 10/6/10, effective 11/6/10. Statutory Authority: RCW 23.86.070, 23B.01.200, 23B.01.220, 24.03.405, 25.10.600, 43.07.120. WSR 09-06-036, § 434-112-030, filed 2/24/09, effective 3/27/09. Statutory Authority: RCW 23B.01.200(2), 24.03.007, [24.03.]008, 25.15.007, 19.09.020(15), [19.09].315, 19.77.115, and 43.07.170. WSR 04-04-018, § 434-112-030, filed 1/23/04, effective 2/23/04.

Wash. Admin. Code § 434-112-040 Standards for confirmation of filed records.

Confirmation of filing of all paper or electronic records filed by the division is sent to the registered agent's email address on behalf of the entity when processing is completed, and to the return email address for the entity, if provided. Date-stamped copies of all records filed by the division are maintained in the online filing system and can be viewed and downloaded from that site.

History

Statutory Authority: Chapters 11.110, 18.100, 19.77, 19.09, 23.86, 23.90, 23B.01, 24.03, 24.06, 25.10, 25.15, 43.07, and 46.64 RCW. WSR 23-18-053, § 434-112-040, filed 8/31/23, effective 10/1/23. Statutory Authority: RCW 29A.04.611. WSR 21-04-056, § 434-112-040, filed 1/27/21, effective 2/27/21. Statutory Authority: 2015 c 176, and chapters 11.110, 18.100, 19.77, 23.86, 23.90, 23B.01, 24.03, 24.06, 25.10, 25.15, 43.07, and 46.64 RCW. WSR 15-22-047, § 434-112-040, filed 10/29/15, effective 1/1/16. Statutory Authority: RCW 11.110.070, 18.100.035, 19.77.015, [19.77.]030, [19.77.]050, [19.77.]060, 23.86.075, 23.90.050, 23B.01.200, [23B.01.]220, 24.03.007, [24.03.]302, [24.03.]405, [24.03.]410, 24.06.290, [24.06.]440, [24.06.]445, [24.06.]450, [24.06.]455, [24.06.]485, 25.10.006, [25.10.]171, [25.10.]605, [25.10.]610, [25.10.]916, [25.10.]921, 25.15.007, [25.15.]810, 43.07.120, [43.07.]128, [43.07.]130, 46.64.040. WSR 10-20-150, § 434-112-040, filed 10/6/10, effective 11/6/10. Statutory Authority: RCW 23.86.070, 23B.01.200, 23B.01.220, 24.03.405, 25.10.600, 43.07.120. WSR 09-06-036, § 434-112-040, filed 2/24/09, effective 3/27/09. Statutory Authority: RCW 23B.01.200(2), 24.03.007, [24.03.]008, 25.15.007, 19.09.020(15), [19.09].315, 19.77.115, and 43.07.170. WSR 04-04-018, § 434-112-040, filed 1/23/04, effective 2/23/04.

Wash. Admin. Code § 434-112-045 Rejection of records.

(1) The division may reject paper or electronic records that:

(a) Are not legible; or

(b) Are not able to be recorded as an image with adequate resolution and clarity; or

(d) Are not permitted to be filed with the division.

(2) Additional information, clarification, corrections, or payment may be requested by division staff via telephone, email, or letter.

(3) The division may hold records for up to 60 days after rejection to await additional information or funds needed to complete the filing process. After 60 days, new records and fees may be required.

(4) Records that do not include a return mailing address and email address may not be accepted for filing.

History

Statutory Authority: Chapters 11.110, 18.100, 19.77, 19.09, 23.86, 23.90, 23B.01, 24.03, 24.06, 25.10, 25.15, 43.07, and 46.64 RCW. WSR 23-18-053, § 434-112-045, filed 8/31/23, effective 10/1/23. Statutory Authority: RCW 29A.04.611. WSR 21-04-056, § 434-112-045, filed 1/27/21, effective 2/27/21. Statutory Authority: 2015 c 176, and chapters 11.110, 18.100, 19.77, 23.86, 23.90, 23B.01, 24.03, 24.06, 25.10, 25.15, 43.07, and 46.64 RCW. WSR 15-22-047, § 434-112-045, filed 10/29/15, effective 1/1/16. Statutory Authority: RCW 11.110.070, 18.100.035, 19.77.015, [19.77.]030, [19.77.]050, [19.77.]060, 23.86.075, 23.90.050, 23B.01.200, [23B.01.]220, 24.03.007, [24.03.]302, [24.03.]405, [24.03.]410, 24.06.290, [24.06.]440, [24.06.]445, [24.06.]450, [24.06.]455, [24.06.]485, 25.10.006, [25.10.]171, [25.10.]605, [25.10.]610, [25.10.]916, [25.10.]921, 25.15.007, [25.15.]810, 43.07.120, [43.07.]128, [43.07.]130, 46.64.040. WSR 10-20-150, § 434-112-045, filed 10/6/10, effective 11/6/10. Statutory Authority: RCW 23B.01.200(2), 24.03.007, [24.03.]008, 25.15.007, 19.09.020(15), [19.09].315, 19.77.115, and 43.07.170. WSR 04-04-018, § 434-112-045, filed 1/23/04, effective 2/23/04.

Wash. Admin. Code § 434-112-050 Filing procedure.

(1) Persons submitting paper records under chapters 18.100, 19.77 RCW, or Titles 23, 23B, 24, and 25 RCW, must submit one copy of the record for filing.

(2) Once filed, the division will retain a digital image of the paper or electronic record. The division will, upon completion of the filing, send a confirmation per WAC 434-112-040.

(3) If a record submitted for filing contains more than 100 governors as defined in RCW 23.95.105(12), the person submitting the record must add each governor's name using the online filing system.

History

Statutory Authority: Chapters 11.110, 18.100, 19.77, 19.09, 23.86, 23.90, 23B.01, 24.03, 24.06, 25.10, 25.15, 43.07, and 46.64 RCW. WSR 23-18-053, § 434-112-050, filed 8/31/23, effective 10/1/23. Statutory Authority: RCW 29A.04.611. WSR 21-04-056, § 434-112-050, filed 1/27/21, effective 2/27/21. Statutory Authority: 2015 c 176, and chapters 11.110, 18.100, 19.77, 23.86, 23.90, 23B.01, 24.03, 24.06, 25.10, 25.15, 43.07, and 46.64 RCW. WSR 15-22-047, § 434-112-050, filed 10/29/15, effective 1/1/16. Statutory Authority: RCW 11.110.070, 18.100.035, 19.77.015, [19.77.]030, [19.77.]050, [19.77.]060, 23.86.075, 23.90.050, 23B.01.200, [23B.01.]220, 24.03.007, [24.03.]302, [24.03.]405, [24.03.]410, 24.06.290, [24.06.]440, [24.06.]445, [24.06.]450, [24.06.]455, [24.06.]485, 25.10.006, [25.10.]171, [25.10.]605, [25.10.]610, [25.10.]916, [25.10.]921, 25.15.007, [25.15.]810, 43.07.120, [43.07.]128, [43.07.]130, 46.64.040. WSR 10-20-150, § 434-112-050, filed 10/6/10, effective 11/6/10. Statutory Authority: RCW 23B.01.200(2), 24.03.007, [24.03.]008, 25.15.007, 19.09.020(15), [19.09].315, 19.77.115, and 43.07.170. WSR 04-04-018, § 434-112-050, filed 1/23/04, effective 2/23/04.

Wash. Admin. Code § 434-112-055 Registered agent—Designation, statement of change, resignation.

(1) A domestic entity and a foreign registered entity must designate a registered agent. A registered agent may be a noncommercial or commercial registered agent.

(2) To be designated as a commercial registered agent, a person must deliver to the secretary of state via the online filing system a commercial-registered-agent-listing statement, and must enter the names and unified business identifier numbers of all entities which the commercial registered agent represents in this state.

(3) When completing and submitting an online filing for any entity required by Washington law to appoint a registered agent, the filing party shall affirm under oath that they have obtained and have in their possession the signed, written consent of the person appointed as registered agent.

(4) When the person submitting the filing online is the person appointed as registered agent, a separate written consent is not required.

(5) Submitting a false affirmation is punishable as a gross misdemeanor under RCW 43.07.210.

(6) The entity required to maintain a registered agent must:

(a) Retain the registered agent's signed consent;

(b) Make the registered agent's signed consent available for inspection upon request; and

(c) Submit the registered agent's signed consent to the division or the office of the attorney general within 10 business days upon demand.

(7) A statement of change to update the registered agent name or contact information may be completed online by:

(a) An authorized person acting on behalf of the entity;

(b) A noncommercial registered agent; or

(8) When a statement of change is filed by a noncommercial or commercial registered agent, the agent making the change must give each entity represented a notice of a record relating to the change.

(9) A registered agent may resign as the agent for a represented entity by delivering to the secretary of state via the online filing system a statement of resignation, executed by the agent.

(10) A statement of resignation takes effect on the 31st day after the day on which it is filed by the division, or the designation of a new registered agent, whichever is earlier.

(11) A resigning registered agent must promptly furnish each represented entity notice in a record of the date on which a statement of resignation was filed. Notice must include the warning that the entity may be administratively dissolved if a new registered agent is not appointed within 60 days of the resignation of the agent.

History

Statutory Authority: Chapters 11.110, 18.100, 19.77, 19.09, 23.86, 23.90, 23B.01, 24.03, 24.06, 25.10, 25.15, 43.07, and 46.64 RCW. WSR 23-18-053, § 434-112-055, filed 8/31/23, effective 10/1/23. Statutory Authority: 2015 c 176, and chapters 11.110, 18.100, 19.77, 23.86, 23.90, 23B.01, 24.03, 24.06, 25.10, 25.15, 43.07, and 46.64 RCW. WSR 15-22-047, § 434-112-055, filed 10/29/15, effective 1/1/16. Statutory Authority: RCW 11.110.070, 18.100.035, 19.77.015, [19.77.]030, [19.77.]050, [19.77.]060, 23.86.075, 23.90.050, 23B.01.200, [23B.01.]220, 24.03.007, [24.03.]302, [24.03.]405, [24.03.]410, 24.06.290, [24.06.]440, [24.06.]445, [24.06.]450, [24.06.]455, [24.06.]485, 25.10.006, [25.10.]171, [25.10.]605, [25.10.]610, [25.10.]916, [25.10.]921, 25.15.007, [25.15.]810, 43.07.120, [43.07.]128, [43.07.]130, 46.64.040. WSR 10-20-150, § 434-112-055, filed 10/6/10, effective 11/6/10.

Wash. Admin. Code § 434-112-060 Annual reports.

(1) An entity defined by RCW 23.95.105(6) and subject to RCW 23.95.255 must file an annual report accompanied by the fee established under WAC 434-112-085 by the last day of the month that the entity was formed or registered by the division.

(2) An annual report may be filed up to 180 days prior to the due date.

(3) Any entity formed under Title 23, 23B, 24, or 25 RCW must disclose any transfer in the controlling interest of the entity and any interest in real property on the annual report, pursuant to RCW 43.07.390.

History

Statutory Authority: Chapters 11.110, 18.100, 19.77, 19.09, 23.86, 23.90, 23B.01, 24.03, 24.06, 25.10, 25.15, 43.07, and 46.64 RCW. WSR 23-18-053, § 434-112-060, filed 8/31/23, effective 10/1/23. Statutory Authority: 2015 c 176, and chapters 11.110, 18.100, 19.77, 23.86, 23.90, 23B.01, 24.03, 24.06, 25.10, 25.15, 43.07, and 46.64 RCW. WSR 15-22-047, § 434-112-060, filed 10/29/15, effective 1/1/16. Statutory Authority: RCW 11.110.070, 18.100.035, 19.77.015, [19.77.]030, [19.77.]050, [19.77.]060, 23.86.075, 23.90.050, 23B.01.200, [23B.01.]220, 24.03.007, [24.03.]302, [24.03.]405, [24.03.]410, 24.06.290, [24.06.]440, [24.06.]445, [24.06.]450, [24.06.]455, [24.06.]485, 25.10.006, [25.10.]171, [25.10.]605, [25.10.]610, [25.10.]916, [25.10.]921, 25.15.007, [25.15.]810, 43.07.120, [43.07.]128, [43.07.]130, 46.64.040. WSR 10-20-150, § 434-112-060, filed 10/6/10, effective 11/6/10.

Wash. Admin. Code § 434-112-070 Online filing—For foreign entity registration—Certificate of existence.

(1) When a foreign entity as defined by RCW 23.95.105, submits an online foreign entity registration statement, the filing party may meet the statutory requirement for submitting a certificate of existence by submitting a digital image of a certificate of existence or document of similar import no older than 60 days before the date of submission.

(2) The image must be in a format specified as acceptable on the online filing website.

(3) The entity must:

(a) Retain the original certificate of existence;

(b) Make the original certificate of existence available for inspection upon request; and

History

Statutory Authority: Chapters 11.110, 18.100, 19.77, 19.09, 23.86, 23.90, 23B.01, 24.03, 24.06, 25.10, 25.15, 43.07, and 46.64 RCW. WSR 23-18-053, § 434-112-070, filed 8/31/23, effective 10/1/23. Statutory Authority: 2015 c 176, and chapters 11.110, 18.100, 19.77, 23.86, 23.90, 23B.01, 24.03, 24.06, 25.10, 25.15, 43.07, and 46.64 RCW. WSR 15-22-047, § 434-112-070, filed 10/29/15, effective 1/1/16. Statutory Authority: RCW 11.110.070, 18.100.035, 19.77.015, [19.77.]030, [19.77.]050, [19.77.]060, 23.86.075, 23.90.050, 23B.01.200, [23B.01.]220, 24.03.007, [24.03.]302, [24.03.]405, [24.03.]410, 24.06.290, [24.06.]440, [24.06.]445, [24.06.]450, [24.06.]455, [24.06.]485, 25.10.006, [25.10.]171, [25.10.]605, [25.10.]610, [25.10.]916, [25.10.]921, 25.15.007, [25.15.]810, 43.07.120, [43.07.]128, [43.07.]130, 46.64.040. WSR 10-20-150, § 434-112-070, filed 10/6/10, effective 11/6/10. Statutory Authority: RCW 23B.01.200(2), 24.03.007, [24.03.]008, 25.15.007, 19.09.020(15), [19.09].315, 19.77.115, and 43.07.170. WSR 04-04-018, § 434-112-070, filed 1/23/04, effective 2/23/04.

Wash. Admin. Code § 434-112-075 Online services.

(1) Online filings will be subject to an online processing fee of $20, with the exception of:

(a) Annual reports;

(b) Statements of change, designation, or resignation of registered agent;

(d) Charitable organization, charitable trust, and commercial fund-raiser filings.

(2) Online filings will be treated as received when the division's filing system records receipt of the completed transaction including payment authorization.

(3) When submitting an online filing, the person completing the filing shall sign the application by recording their full name within the authorized person/signature attestation section of the web form.

(4) Online processing fees are not refundable.

History

Statutory Authority: Chapters 11.110, 18.100, 19.77, 19.09, 23.86, 23.90, 23B.01, 24.03, 24.06, 25.10, 25.15, 43.07, and 46.64 RCW. WSR 23-18-053, § 434-112-075, filed 8/31/23, effective 10/1/23. Statutory Authority: RCW 29A.04.611. WSR 21-04-056, § 434-112-075, filed 1/27/21, effective 2/27/21. Statutory Authority: 2015 c 176, and chapters 11.110, 18.100, 19.77, 23.86, 23.90, 23B.01, 24.03, 24.06, 25.10, 25.15, 43.07, and 46.64 RCW. WSR 15-22-047, § 434-112-075, filed 10/29/15, effective 1/1/16. Statutory Authority: RCW 11.110.070, 18.100.035, 19.77.015, [19.77.]030, [19.77.]050, [19.77.]060, 23.86.075, 23.90.050, 23B.01.200, [23B.01.]220, 24.03.007, [24.03.]302, [24.03.]405, [24.03.]410, 24.06.290, [24.06.]440, [24.06.]445, [24.06.]450, [24.06.]455, [24.06.]485, 25.10.006, [25.10.]171, [25.10.]605, [25.10.]610, [25.10.]916, [25.10.]921, 25.15.007, [25.15.]810, 43.07.120, [43.07.]128, [43.07.]130, 46.64.040. WSR 10-20-150, § 434-112-075, filed 10/6/10, effective 11/6/10. Statutory Authority: RCW 23.86.070, 23B.01.200, 23B.01.220, 24.03.405, 25.10.600, 43.07.120. WSR 09-06-036, § 434-112-075, filed 2/24/09, effective 3/27/09. Statutory Authority: RCW 23B.01.200(2), 24.03.007, [24.03.]008, 25.15.007, 19.09.020(15), [19.09].315, 19.77.115, and 43.07.170. WSR 04-04-018, § 434-112-075, filed 1/23/04, effective 2/23/04.

Wash. Admin. Code § 434-112-080 Same-day and expedited service—Special fees.

(1) Same-day service is available at the division's front counter for a service fee of $150 for single or multiple transactions on paper within each new or existing division program filing. In addition, the filing fee for each transaction applies. Same-day services may be limited due to business hours and quantity of filings submitted.

(2) There is no same-day service fee for records dropped off in-person for processing with nonexpedited records received that day.

(3) Expedited service requests for filing records will be completed within three working days of submission for an expedited service fee of $100. If a request is made for same-day service on an expedited record, an additional same-day service fee of $50 may be assessed.

(4) Nonexpedited service requests for filing paper records received by mail are processed within 15 business days. If a request is made for expedited or same-day service, the applicable fee may be assessed.

(5) If a record submitted online is subsequently requested to be filed immediately, the $150 same-day service fee may be required.

(6) The filing party may request expedited service on mailed records by placing the word "expedite" in bold letters on either the envelope, the face of the record to be filed, or on any cover letter submitted with the record.

(7) Emergency services outside regular business hours requiring employee overtime are $200 per hour (minimum fee of $200/one hour's rate) plus transaction fees due on any filing. When the division receives a request for emergency services, staff will notify the customer of the service fee and any other reasonable conditions set by the director. The customer must agree to pay the fees or have received a fee waiver before emergency services are provided.

(8) A customer may submit a written request to waive emergency, expedited, or penalty fees, which must include the special circumstances justifying the fee waiver. The director or deputy director will make the determination to waive fees or not.

(9) Same-day, online, or expedited service fees are not refundable.

History

Statutory Authority: Chapters 11.110, 18.100, 19.77, 19.09, 23.86, 23.90, 23B.01, 24.03, 24.06, 25.10, 25.15, 43.07, and 46.64 RCW. WSR 23-18-053, § 434-112-080, filed 8/31/23, effective 10/1/23. Statutory Authority: RCW 29A.04.611. WSR 21-04-056, § 434-112-080, filed 1/27/21, effective 2/27/21. Statutory Authority: 2015 c 176, and chapters 11.110, 18.100, 19.77, 23.86, 23.90, 23B.01, 24.03, 24.06, 25.10, 25.15, 43.07, and 46.64 RCW. WSR 15-22-047, § 434-112-080, filed 10/29/15, effective 1/1/16. Statutory Authority: RCW 11.110.070, 18.100.035, 19.77.015, [19.77.]030, [19.77.]050, [19.77.]060, 23.86.075, 23.90.050, 23B.01.200, [23B.01.]220, 24.03.007, [24.03.]302, [24.03.]405, [24.03.]410, 24.06.290, [24.06.]440, [24.06.]445, [24.06.]450, [24.06.]455, [24.06.]485, 25.10.006, [25.10.]171, [25.10.]605, [25.10.]610, [25.10.]916, [25.10.]921, 25.15.007, [25.15.]810, 43.07.120, [43.07.]128, [43.07.]130, 46.64.040. WSR 10-20-150, § 434-112-080, filed 10/6/10, effective 11/6/10. Statutory Authority: RCW 23.86.070, 23B.01.200, 23B.01.220, 24.03.405, 25.10.600, 43.07.120. WSR 09-06-036, § 434-112-080, filed 2/24/09, effective 3/27/09. Statutory Authority: RCW 23B.01.200(2), 24.03.007, [24.03.]008, 25.15.007, 19.09.020(15), [19.09].315, 19.77.115, and 43.07.170. WSR 04-04-018, § 434-112-080, filed 1/23/04, effective 2/23/04.

Wash. Admin. Code § 434-112-085 Fees and penalties.

(1) Fees paid under WAC 434-112-085 are not refundable.

(2) For each certified copy of any record the fee is $20.

(3) For noncertified copies of records, refer to fees established under WAC 434-12A-100.

(4) For any service of process, the fee is $50 per individual, marital community, or entity, per address.

(5) Dishonored checks will be assessed a penalty of $25.

(6) For fees for expedited and immediate processing, refer to WAC 434-112-080.

(7) For domestic and foreign business entities under Title 23B RCW, chapters 23.78, 23.86, 25.05, 25.10, 25.15, and 25.05 RCW, fees and penalties are:

| (a) | Public organic record | One hundred eighty dollars | | --- | --- | --- | | (b) | Foreign registration statement | One hundred eighty dollars (plus applicable back fees) | | (c) | Articles of amendment or amendment of foreign registration statement | Thirty dollars | | (d) | Statement of correction | Thirty dollars | | (e) | Articles of validation | Thirty dollars | | (f) | Articles of restatement | Thirty dollars | | (g) | Articles of merger or exchange | Twenty dollars for each listed company | | (h) | Articles of Conversion | Ten dollars | | (i) | Certificate of Existence – long form | Thirty dollars | | (j) | Certificate of existence – short form/certificate of good standing | Twenty dollars | | (k) | Registration, reservation, or transfer of name | Thirty dollars | | (l) | Articles of dissolution or voluntary termination of statement | No fee | | (m) | Revocation of voluntary dissolution | Thirty dollars | | (n) | Initial report filed with public organic record | No fee | | (o) | Initial report filed at a later date (deferred) | Ten dollars | | (p) | Annual report | Seventy dollars | | (q) | Amended annual report | Ten dollars | | (r) | Delinquent fee | Twenty-five dollars | | (s) | Reinstatement from administrative dissolution | One hundred forty dollars plus all delinquent annual report fees | | (t) | Requalification from administrative termination | One hundred eighty dollars plus all delinquent annual report fees | | (u) | Designation or statement of change of registered agent | No fee | | (v) | Resignation of registered agent | No fee | | (w) | Agent's resignation if appointed without consent | No fee | | (x) | Other statement or report | Ten dollars |

(8) For domestic and foreign nonprofit entities under Title 24 RCW, fees and penalties are:

| (a) | Public organic record | Thirty dollars, plus the Charitable Asset Protection Account fee | | --- | --- | --- | | (b) | Foreign registration statement | Thirty dollars | | (c) | Articles of amendment or amendment of foreign registration statement | Twenty dollars | | (d) | Statement of correction | Thirty dollars | | (e) | Articles of restatement | Twenty dollars | | (f) | Articles of merger or exchange | Twenty dollars for each listed corporation | | (g) | Articles of domestication | Ten dollars | | (h) | Articles of domestication and conversion | Ten dollars | | (i) | Registration, reservation, or transfer of reservation of name | Twenty dollars | | (j) | Certificate of existence/certificate of good standing | Twenty dollars | | (k) | Articles of voluntary dissolution, statement of withdrawal | No fee | | (l) | Revocation of voluntary dissolution | Twenty dollars | | (m) | Annual report | Ten dollars, plus the Charitable Asset Protection Account fee | | (n) | Amended annual report | Ten dollars | | (o) | Reinstatement from administrative dissolution | Thirty-five dollars plus all delinquent annual report fees | | (p) | Requalification from administrative termination | Thirty dollars plus all delinquent annual report fees | | (q) | Designation as a public benefit corporation | Twenty dollars | | (r) | Registration as a host home | Twenty dollars | | (s) | Designation or statement of change of registered agent | No fee | | (t) | Resignation of registered agent | No fee | | (u) | Agent's resignation if appointed without consent | No fee | | (v) | Other statement or report filed | Ten dollars |

(9) For registering trademarks for use within the state, the fees are as follows:

| (a) | Five year registration | Fifty-five dollars per classification registered | | --- | --- | --- | | (b) | Five year renewal | Fifty dollars per classification registered | | (c) | Assignment of trademark | Ten dollars | | (d) | New certificate with name of assignee | Five dollars | | (e) | Reservation of trademark | Thirty dollars for each classification reserved | | (f) | Amendment of trademark | Fifty dollars per classification added | | (g) | Cancellation of trademark | No fee | | (h) | Other statement or report filed | Ten dollars |

(10) For filings related to state registered domestic partnership, the fees are:

| (a) | Registration | Fifty dollars | | --- | --- | --- | | (b) | Name change | No fee | | (c) | Address change | No fee | | (d) | Additional or replacement certificate of domestic partnership (paper or electronic) | Five dollars | | (e) | Replacement wallet card | Ten dollars | | (f) | Notice of termination by reason of death, divorce, or marriage | No fee |

(11) For apostille certification of documents, the fee is $15 per document apostilled.

History

Statutory Authority: Chapters 11.110, 18.100, 19.77, 19.09, 23.86, 23.90, 23B.01, 24.03, 24.06, 25.10, 25.15, 43.07, and 46.64 RCW. WSR 23-18-053, § 434-112-085, filed 8/31/23, effective 10/1/23. Statutory Authority: RCW 29A.04.611. WSR 21-04-056, § 434-112-085, filed 1/27/21, effective 2/27/21. Statutory Authority: 2015 c 176, and chapters 11.110, 18.100, 19.77, 23.86, 23.90, 23B.01, 24.03, 24.06, 25.10, 25.15, 43.07, and 46.64 RCW. WSR 15-22-047, § 434-112-085, filed 10/29/15, effective 1/1/16. Statutory Authority: RCW 23B.01.220, 25.15.805, and 25.10.916. WSR 11-12-020, § 434-112-085, filed 5/24/11, effective 7/1/11. Statutory Authority: RCW 11.110.070, 18.100.035, 19.77.015, [19.77.]030, [19.77.]050, [19.77.]060, 23.86.075, 23.90.050, 23B.01.200, [23B.01.]220, 24.03.007, [24.03.]302, [24.03.]405, [24.03.]410, 24.06.290, [24.06.]440, [24.06.]445, [24.06.]450, [24.06.]455, [24.06.]485, 25.10.006, [25.10.]171, [25.10.]605, [25.10.]610, [25.10.]916, [25.10.]921, 25.15.007, [25.15.]810, 43.07.120, [43.07.]128, [43.07.]130, 46.64.040. WSR 10-20-150, § 434-112-085, filed 10/6/10, effective 11/6/10. Statutory Authority: RCW 23.86.070, 23B.01.200, 23B.01.220, 24.03.405, 25.10.600, 43.07.120. WSR 09-06-036, § 434-112-085, filed 2/24/09, effective 3/27/09. Statutory Authority: RCW 43.07.400 and 9A.56.078. WSR 07-20-065, § 434-112-085, filed 9/28/07, effective 10/29/07. Statutory Authority: RCW 23B.01.200(2), 24.03.007, [24.03.]008, 25.15.007, 19.09.020(15), [19.09].315, 19.77.115, and 43.07.170. WSR 04-04-018, § 434-112-085, filed 1/23/04, effective 2/23/04.

Wash. Admin. Code § 434-112-100 State registered domestic partnerships.

(1) State registered domestic partnerships will be registered by the corporations and charities division of the office of the secretary of state.

(2) Declarations of state registered domestic partnerships may be submitted to the division by mail, or in person.

(3) The paper record standards in WAC 434-112-040 apply to declarations of state registered domestic partnerships.

(4) At the time of registration of a declaration of state registered domestic partnership the division will provide to the state registered domestic partners:

(a) One original certificate of registration. Additional certificates requested after registration are available subject to the fees set forth in WAC 434-112-085.

(b) Two wallet sized cards documenting registration of the state registered domestic partnership.

(5) Registrations of state registered domestic partnerships are public records and all records related to the registration are subject to public disclosure.

(6) Notice of termination of domestic partnership by reason of death, dissolution, or marriage may be submitted to the division by email, postal mail, or in person and must include a copy of the death certificate, decree of dissolution, or marriage certificate. There is no fee for filing a notice of termination.

History

Statutory Authority: Chapters 11.110, 18.100, 19.77, 19.09, 23.86, 23.90, 23B.01, 24.03, 24.06, 25.10, 25.15, 43.07, and 46.64 RCW. WSR 23-18-053, § 434-112-100, filed 8/31/23, effective 10/1/23. Statutory Authority: 2015 c 176, and chapters 11.110, 18.100, 19.77, 23.86, 23.90, 23B.01, 24.03, 24.06, 25.10, 25.15, 43.07, and 46.64 RCW. WSR 15-22-047, § 434-112-100, filed 10/29/15, effective 1/1/16. Statutory Authority: RCW 11.110.070, 18.100.035, 19.77.015, [19.77.]030, [19.77.]050, [19.77.]060, 23.86.075, 23.90.050, 23B.01.200, [23B.01.]220, 24.03.007, [24.03.]302, [24.03.]405, [24.03.]410, 24.06.290, [24.06.]440, [24.06.]445, [24.06.]450, [24.06.]455, [24.06.]485, 25.10.006, [25.10.]171, [25.10.]605, [25.10.]610, [25.10.]916, [25.10.]921, 25.15.007, [25.15.]810, 43.07.120, [43.07.]128, [43.07.]130, 46.64.040. WSR 10-20-150, § 434-112-100, filed 10/6/10, effective 11/6/10. Statutory Authority: RCW 23.86.070, 23B.01.200, 23B.01.220, 24.03.405, 25.10.600, 43.07.120. WSR 09-06-036, § 434-112-100, filed 2/24/09, effective 3/27/09. Statutory Authority: RCW 43.07.400 and 9A.56.078. WSR 07-20-065, § 434-112-100, filed 9/28/07, effective 10/29/07.

Wash. Admin. Code § 434-112-110 Apostille certification of documents.

(1) The division will provide apostille certification pursuant to RCW 43.07.032 and standard protocols under the Hague Conference 1961 Apostille Convention.

(2) The division can provide apostille certification for certified government documents from the state of Washington and its political subdivisions, including state agencies, courts, institutions of higher education, public school systems, and county and municipal government offices.

(3) The division can provide apostille certification for documents properly notarized by a licensed Washington notary, subject to RCW 43.07.032.

(4) The division will not provide apostille certification for documents notarized by an out-of-state notary.

(5) Documents issued by a government of another state, territory, or nation, or by the United States federal government or the United States military will not be apostilled by the secretary of state. Apostilles should be sought from the government which holds the original record or document.

(6) The division will not provide apostille certification of records recorded with county auditors or other political subdivisions of the state of Washington if the underlying document cannot be apostilled pursuant to subsections (4) and (5) of this section.

History

Statutory Authority: Chapters 11.110, 18.100, 19.77, 19.09, 23.86, 23.90, 23B.01, 24.03, 24.06, 25.10, 25.15, 43.07, and 46.64 RCW. WSR 23-18-053, § 434-112-110, filed 8/31/23, effective 10/1/23.

Chapter 434-120 Charitable solicitation organizations and charitable trusts.

Wash. Admin. Code § 434-120-010 Authority and purpose.

(1) These rules are adopted under authority of chapter 19.09 RCW, the Charitable Solicitations Act, chapter 11.110 RCW, the Charitable Trust Act, and chapter 43.07 RCW to provide for the efficient administration of these acts.

(2) The filing or refusal to file a record does not:

(a) Affect the validity or invalidity of the record in whole or in part;

(b) Relate to the correctness or incorrectness of information contained in the record; or

History

Statutory Authority: Chapters 11.110, 19.09, and 43.07 RCW. WSR 14-17-025, § 434-120-010, filed 8/12/14, effective 9/12/14. Statutory Authority: Chapters 34.05, 19.09, 11.110 and 43.07 RCW and 1993 c 471. WSR 94-01-004, § 434-120-010, filed 12/1/93, effective 1/1/94. Formerly WAC 434-19-010.

Wash. Admin. Code § 434-120-025 Definitions.

(1) "Accounting year" means a twelve-month period used by an entity to record and report financial activity for accounting and tax purposes.

(2) "Charitable trust" means any real or personal property right held by an entity or person that is intended to be used for a charitable purpose(s). The trust may be created by will, deed, articles of incorporation, or other governing instrument. It may be express or constructive.

(3) "Charities program" means the division of the office of the secretary of state responsible for administration of the Charitable Solicitations Act, chapter 19.09 RCW, and the Charitable Trust Act, chapter 11.110 RCW.

(4) "Compensation" is defined in RCW 19.09.020 and shall not include reimbursement for documented expenses incurred, or noncash awards or prizes valued at one hundred dollars or less and given no more than annually to each volunteer.

(5) "Entity" means an organization, individual or institution with its own existence for legal and/or federal tax purposes. It has the capacity to enter into agreements or contracts, assume obligations, incur and pay debts, sue and be sued in its own right, and to be held responsible for its actions. Entity may include, but is not limited to, a corporation, association, limited liability company, trust, group, partnership, proprietorship, company, estate, agency or unit of state government, person as defined in RCW 1.16.080, or any combination thereof.

For purposes of complying with registration requirements under Washington's Charitable Solicitations Act, "entity" does not include a branch, chapter, unit, affiliate or similar subordinate of another entity if said subordinate:

(a) Is under the direct supervision and control of the related entity;

(b) Does not have its own separate existence from the related entity for legal and/or federal tax purposes; and

Regardless of whether or not a subordinate is required to register under the act, it shall comply with the conditions set forth under RCW 19.09.100.

(6) "Income-producing assets" means assets of any kind that are purchased with the objective that the assets will generate income or appreciate and be sold at a higher price in the future including, but not limited to stocks, bonds or real property.

(7) "Investment real property" means real property either:

(a) Held exclusively with the objective that it will generate income or appreciate and be sold at a higher price in the future; or

(b) Used in whole or in part for any purpose other than to provide physical space for directly performing the charitable function for which it is held in trust.

(8) "Renewal date" for charitable organizations, commercial fund-raisers, and charitable trusts means the last business day of the eleventh month after the close of the organization's accounting year.

(9) "Solicitation" is defined in RCW 19.09.020 and includes:

(a) A commercial fund-raiser soliciting or receiving contributions directly from the public if contributions are solicited or received by the fund-raiser or by any officer, employee, principal, or shareholder of the commercial fund-raiser, including immediate family members.

(b) A commercial fund-raiser soliciting or receiving contributions indirectly from the public if the contributions are solicited or received by:

(i) Any organization owned or controlled by the commercial fund-raiser or owned or controlled by any officer, employee, principal, or shareholder of the commercial fund-raiser, including immediate family members; or

(ii) Any person or organization, other than the charitable organization for which funds are solicited, with which the commercial fund-raiser has a contractual relationship governing the solicitation or receipt of contributions.

(i) An application or request for a grant, contract, or similar funding from any foundation, corporation, governmental agency or similar entity which has an established application and review procedure for reviewing such requests;

(ii) The attempt to sell goods or services that constitute the basis of the charitable organization's activities under which the federal income tax exemption was granted, or is the primary purpose for the existence of the charitable organization. For example, admission to a theatrical or other performance presented by a charitable organization focused on drama, music, or dance.

(10) "Volunteer" means a person who is not paid or compensated to perform a service.

History

Statutory Authority: Chapters 11.110, 19.09, and 43.07 RCW. WSR 14-17-025, § 434-120-025, filed 8/12/14, effective 9/12/14. Statutory Authority: RCW 19.09.075, [19.09.]079, [19.09.]097, and [19.09.]520. WSR 12-14-114, § 434-120-025, filed 7/5/12, effective 8/5/12. Statutory Authority: RCW 19.09.315, 19.09.540, and 43.07.125. WSR 09-22-056, § 434-120-025, filed 10/30/09, effective 11/30/09. Statutory Authority: RCW 19.09.097, [19.09.]315, [19.09.]540, 43.07.125. WSR 09-01-106, § 434-120-025, filed 12/17/08, effective 1/17/09. Statutory Authority: RCW 23B.01.200(2), 24.03.007, [24.03.]008, 25.15.007, 19.09.020(15), [19.09].315, 19.77.115, and 43.07.170. WSR 04-04-018, § 434-120-025, filed 1/23/04, effective 2/23/04. Statutory Authority: RCW 19.09.079, 19.09.190 and 19.09.315. WSR 97-16-036, § 434-120-025, filed 7/30/97, effective 8/30/97. Statutory Authority: RCW 11.110.070 and 19.09.315. WSR 95-11-135, § 434-120-025, filed 5/24/95, effective 6/24/95. Statutory Authority: Chapters 34.05, 19.09, 11.110 and 43.07 RCW and 1993 c 471. WSR 94-01-004, § 434-120-025, filed 12/1/93, effective 1/1/94. Formerly WAC 434-19-020.

Wash. Admin. Code § 434-120-035 Mandatory filing online.

All charitable organizations and commercial fund-raisers filing registrations and renewals, and charitable trusts filing renewals, are required to file using the secretary of state's online filing application, unless an online filing option is not available.

History

Statutory Authority: RCW 29A.04.611. WSR 21-04-056, § 434-120-035, filed 1/27/21, effective 2/27/21. Statutory Authority: RCW 11.110.070, 19.09.020, 19.09.541, 19.09.560, and 43.07.120. WSR 17-16-073, § 434-120-035, filed 7/26/17, effective 8/26/17
WSR 15-22-046, § 434-120-035, filed 10/29/15, effective 1/1/16.

Wash. Admin. Code § 434-120-040 Public information derived from registration.

(1) Registration forms and attachments, filed by charitable organizations and commercial fund-raisers pursuant to WAC 434-120-105 and 434-120-215, are available for public inspection or copying. However, Social Security numbers and financial account numbers are not public information. For purposes of public reports derived from the registration information, the charities program shall calculate and make available to the public, the following information:

(a) For charitable organizations, the percentage of total expenditures in a reporting year allocated to charitable program services. This shall be calculated by dividing the amount reported as expended for charitable purposes by the amount reported as total expenses, and multiplying by 100.

(b) For commercial fund-raisers the percentage of the proceeds of charitable solicitations which are paid to or retained by charitable organizations. This shall be calculated by dividing the amount reported as received or retained by the charitable organization(s) after all fund-raising expenses have been deducted, by the amount reported as raised, regardless of who has possession of funds and multiplying by 100.

(2) Registrations of charitable trusts with several or mixed purposes shall not be made public under RCW 11.110.040 and 11.110.075.

History

Statutory Authority: Chapters 11.110, 19.09, and 43.07 RCW. WSR 14-17-025, § 434-120-040, filed 8/12/14, effective 9/12/14. Statutory Authority: RCW 19.09.075, [19.09.]079, [19.09.]097, and [19.09.]520. WSR 12-14-114, § 434-120-040, filed 7/5/12, effective 8/5/12. Statutory Authority: RCW 19.09.097, [19.09.]315, [19.09.]540, 43.07.125. WSR 09-01-106, § 434-120-040, filed 12/17/08, effective 1/17/09. Statutory Authority: RCW 23B.01.200(2), 24.03.007, [24.03.]008, 25.15.007, 19.09.020(15), [19.09].315, 19.77.115, and 43.07.170. WSR 04-04-018, § 434-120-040, filed 1/23/04, effective 2/23/04. Statutory Authority: RCW 19.09.075, 19.09.079 and 19.09.210. WSR 97-16-035, § 434-120-040, filed 7/30/97, effective 8/30/97.

Wash. Admin. Code § 434-120-042 Fees.

(1) Charitable organizations, commercial fund-raisers, and charitable trusts registering under chapter 11.110 or 19.09 RCW are subject to the following fees:

(a) Amendment of current registration: No fee.

(b) Late fee, failure to renew by due date: $50.00.

(d) Expedited service fee (paper, per entity): $50.00.

(e) Emergency services outside regular business hours: $150 per hour.

(2) Charitable organizations registering under chapter 19.09 RCW are subject to the following fees:

(a) Initial registration (RCW 19.09.062): $60.00.

(b) Annual renewal (RCW 19.09.062): $40.00.

(d) Optional registration, initial or update: No fee.

(e) Registration of a fund-raising service contract (RCW 19.09.062): $20.00.

(3) Commercial fund-raisers registering under chapter 19.09 RCW are subject to the following fees:

(a) Initial registration (RCW 19.09.062): $300.00.

(b) Annual renewal (RCW 19.09.062): $225.00.

(4) Charitable trusts registering under chapter 11.110 RCW are subject to the following fees:

(a) Initial registration: $25.00.

(b) Annual renewal: $25.00.

(5) Fees paid under this section may not be refundable.

History

Statutory Authority: RCW 29A.04.611. WSR 21-04-056, § 434-120-042, filed 1/27/21, effective 2/27/21. Statutory Authority: Chapters 11.110, 19.09, and 43.07 RCW. WSR 14-17-025, § 434-120-042, filed 8/12/14, effective 9/12/14.

Wash. Admin. Code § 434-120-043 Mergers.

A charitable organization or commercial fund-raiser registered under chapter 19.09 RCW that acquires or merges with another entity shall notify the charities program in writing by completing the form available from the charities program. The form may be requested by phone or email, or accessed online. There is no filing fee.

History

Statutory Authority: Chapters 11.110, 19.09, and 43.07 RCW. WSR 14-17-025, § 434-120-043, filed 8/12/14, effective 9/12/14.

Wash. Admin. Code § 434-120-045 Change in information or status, notification.

(1) Any entity required to register under chapter 11.110 or 19.09 RCW shall notify the charities program, within thirty days of any changes to previously submitted registration or financial information reported under RCW 19.09.075, 19.09.079, or WAC 434-120-310.

(2) The entity shall submit the changes in writing or by using the amendment form that is available from the charities program. The form may be requested by phone, email, or accessed online. There is no fee to submit changes of information.

(3) Any registered charitable organization or commercial fund-raiser may voluntarily close its registration and shall report the closure to the charities program in writing. The notice shall include the organization's name on record, charities program registration number, and the reason and effective date of the closure. Following the voluntary closure of a registration, the charitable organization or commercial fund-raiser shall submit a final solicitation report for the current accounting year.

(a) The solicitation report for a charitable organization shall contain the information described in RCW 19.09.075.

(b) The solicitation report for a commercial fund-raiser shall contain the information described in RCW 19.09.079.

(4) A charitable trust that voluntarily closes its registration shall submit a copy of its most recently completed IRS Form 990, 990PF, 990EZ or final financial report, whichever applies, for the completed accounting year, and a written statement regarding the closure, including effective date.

History

Statutory Authority: Chapters 11.110, 19.09, and 43.07 RCW. WSR 14-17-025, § 434-120-045, filed 8/12/14, effective 9/12/14. Statutory Authority: RCW 19.09.075, [19.09.]079, [19.09.]097, and [19.09.]520. WSR 12-14-114, § 434-120-045, filed 7/5/12, effective 8/5/12. Statutory Authority: RCW 19.09.315, 19.09.540, and 43.07.125. WSR 09-22-056, § 434-120-045, filed 10/30/09, effective 11/30/09. Statutory Authority: RCW 19.09.097, [19.09.]315, [19.09.]540, 43.07.125. WSR 09-01-106, § 434-120-045, filed 12/17/08, effective 1/17/09. Statutory Authority: RCW 23B.01.200(2), 24.03.007, [24.03.]008, 25.15.007, 19.09.020(15), [19.09].315, 19.77.115, and 43.07.170. WSR 04-04-018, § 434-120-045, filed 1/23/04, effective 2/23/04.

Wash. Admin. Code § 434-120-047 Failure to renew, involuntary closure.

(1) Any entity registered under RCW 11.110.060, 19.09.075, or 19.09.079 that fails to renew its registration by the renewal date specified by these rules is delinquent and subject to a late fee as provided in WAC 434-120-042.

(a) The charities program shall send by postal or electronic mail a delinquency notice within sixty days of the entity's delinquent status to the entity's address on record. The delinquency notice shall request the entity to provide the required items within thirty days of the date of the notice in order to renew its registration. The entity's failure to receive the notice does not alter its delinquent status or relieve it of the requirement to renew. If the notice is returned as undeliverable, the entity's status shall change to "failure to register/renew."

(b) An entity that fails to submit the required items within thirty days of the date of the notice shall be involuntarily closed, and the entity's status shall change to "failure to register/renew."

(2) If a registration or renewal is incomplete, the charities program shall contact the entity by postal or electronic mail and request the entity to submit the required items within thirty days of the date of the notice. If the requested items are not received within thirty days, the registration or renewal shall not be filed. If the entity's renewal date has lapsed, or if the notice is returned as undeliverable, the organization shall be involuntarily closed. Filing fees are nonrefundable.

History

Statutory Authority: Chapters 11.110, 19.09, and 43.07 RCW. WSR 14-17-025, § 434-120-047, filed 8/12/14, effective 9/12/14.

Wash. Admin. Code § 434-120-048 Fees for late registration or renewal.

(1) Any entity that fails to renew its registration by its renewal date shall pay the late fee identified in WAC 434-120-042 and an additional late fee for each year delinquent, including the current year it was not registered.

(2) The fees for late registration or renewal are in addition to any other filing fees and any other remedies that may be required or imposed by law, including penalties for not being registered or for soliciting without being registered.

(3) The fees for late registration or renewal of a charitable trust registered under chapter 11.110 RCW may be cumulative. If the trust registration status is closed, the entity must reregister as a new trust and pay any late fees, which are cumulative.

(4) Any entity registered in accordance with chapter 11.110 or 19.09 RCW may request the secretary to waive the late fees. The request shall include a description of the circumstances that justify a waiver of the late fees. Under special circumstances, the secretary may waive late fees that are required by these regulations.

History

Statutory Authority: Chapters 11.110, 19.09, and 43.07 RCW. WSR 14-17-025, § 434-120-048, filed 8/12/14, effective 9/12/14.

Wash. Admin. Code § 434-120-049 Reactivation.

A previously registered entity may reactivate its registration by submitting a registration form, the filing fee, and the late fee described in WAC 434-120-042, if applicable. An entity may retain its original registration number assigned by the charities program.

History

Statutory Authority: Chapters 11.110, 19.09, and 43.07 RCW. WSR 14-17-025, § 434-120-049, filed 8/12/14, effective 9/12/14.

Wash. Admin. Code § 434-120-050 Signatures for online filings.

When submitting an online filing, the person completing the filing shall sign the application by following the directions for signing the web form.

History

Statutory Authority: RCW 19.09.075, [19.09.]079, [19.09.]097, and [19.09.]520. WSR 12-14-114, § 434-120-050, filed 7/5/12, effective 8/5/12. Statutory Authority: RCW 23B.01.200(2), 24.03.007, [24.03.]008, 25.15.007, 19.09.020(15), [19.09].315, 19.77.115, and 43.07.170. WSR 04-04-018, § 434-120-050, filed 1/23/04, effective 2/23/04.

Wash. Admin. Code § 434-120-090 Records retention.

(1) Record retention requirements for charitable organizations and commercial fund-raisers are established in RCW 19.09.200. Charitable trusts shall retain their annual financial information and the supporting documents including books, ledgers, prepared statements, compilations, reviews, or audit reports, or any other records on which they were based, for a three-year period.

(2) Any entity registered under chapter 11.110 or 19.09 RCW shall make solicitation reports, financial statements, supporting documentation upon which they were based, and any other records available to the secretary of state, attorney general, or county prosecutor upon request.

History

Statutory Authority: Chapters 11.110, 19.09, and 43.07 RCW. WSR 14-17-025, § 434-120-090, filed 8/12/14, effective 9/12/14.

Wash. Admin. Code § 434-120-100 Entities exempt from registration.

(1) Any entity that conducts charitable solicitations or will solicit or collect contributions from the general public for charitable purposes shall register with the charities program under the Charitable Solicitations Act, chapter 19.09 RCW.

(2) Entities and solicitations exempt from registration include the following:

(a) Any political organization as defined in RCW 19.09.020(15);

(b) Any entity that raises less than fifty thousand dollars in revenue in any accounting year, if all its activities, including fund-raising, are conducted by volunteers, and no officers or members receive assets, or compensation from the organization;

(d) Any request for a contribution on behalf of a specific individual or family unit named in the solicitation, but only if all of the proceeds are given to or expended for the direct benefit of that individual or family unit. This does not include organizations that conduct solicitations for one or more individuals on a repeated or ongoing basis.

History

Statutory Authority: Chapters 11.110, 19.09, and 43.07 RCW. WSR 14-17-025, § 434-120-100, filed 8/12/14, effective 9/12/14. Statutory Authority: RCW 19.09.075, [19.09.]079, [19.09.]097, and [19.09.]520. WSR 12-14-114, § 434-120-100, filed 7/5/12, effective 8/5/12. Statutory Authority: RCW 19.09.097, [19.09.]315, [19.09.]540, 43.07.125. WSR 09-01-106, § 434-120-100, filed 12/17/08, effective 1/17/09. Statutory Authority: RCW 19.09.315 and 19.09.075. WSR 96-10-021, § 434-120-100, filed 4/24/96, effective 5/25/96. Statutory Authority: Chapters 34.05, 19.09, 11.110 and 43.07 RCW and 1993 c 471. WSR 94-01-004, § 434-120-100, filed 12/1/93, effective 1/1/94.

Wash. Admin. Code § 434-120-105 Charitable organization registration.

(1) Charitable organizations registering under this act shall comply with the registration requirements of this chapter by filing with the charities program, at the times and in the manner established by these rules, the state registration form described in RCW 19.09.075.

(2) The state registration form is available online at the charities program web page or by contacting the charities program. The charities program's failure to return an incomplete registration or other filing that does not fully comply with these rules or chapter 19.09 RCW shall not excuse the failure to comply.

(3) In addition to the requirements under RCW 19.09.075, a registration is not complete, and will not be accepted for filing, unless it includes all information requested on the registration form.

(a) Charitable organizations shall report actual figures and not use estimates when completing the solicitation report.

(b) A newly formed charitable organization that has not yet completed its first year of activity shall provide the end date of its first accounting year.

(c) A charitable organization may provide additional information that the organization believes would be of assistance in understanding other reported information, or to provide context for reported information.

History

Statutory Authority: Chapters 11.110, 19.09, and 43.07 RCW. WSR 14-17-025, § 434-120-105, filed 8/12/14, effective 9/12/14. Statutory Authority: RCW 19.09.075, [19.09.]079, [19.09.]097, and [19.09.]520. WSR 12-14-114, § 434-120-105, filed 7/5/12, effective 8/5/12. Statutory Authority: RCW 19.09.097, [19.09.]315, [19.09.]540, 43.07.125. WSR 09-01-106, § 434-120-105, filed 12/17/08, effective 1/17/09. Statutory Authority: RCW 23B.01.200(2), 24.03.007, [24.03.]008, 25.15.007, 19.09.020(15), [19.09].315, 19.77.115, and 43.07.170. WSR 04-04-018, § 434-120-105, filed 1/23/04, effective 2/23/04. Statutory Authority: RCW 19.09.075. WSR 97-19-043, § 434-120-105, filed 9/11/97, effective 10/12/97. Statutory Authority: Chapters 34.05, 19.09, 11.110 and 43.07 RCW and 1993 c 471. WSR 94-01-004, § 434-120-105, filed 12/1/93, effective 1/1/94.

Wash. Admin. Code § 434-120-107 Audited financial report—Tiered reporting requirements.

(1) If a charitable organization has been in existence for less than three years, the organization shall calculate its average gross revenue based on the number of years the organization has been in existence to determine which tier, per RCW 19.09.541, is applicable.

(2) For purposes of these regulations, the charities program may waive the requirement to obtain an audited financial statement prepared by an independent certified public accountant for organizations with more than three million dollars in gross revenue averaged over the last three accounting years that meet one of the following:

(a) Directly or indirectly receives five hundred thousand dollars or less in cash averaged over the last three accounting years. Organizations with five hundred thousand dollars or less in cash averaged over the last three accounting years must meet tier two reporting requirements in RCW 19.09.541(2). For purposes of meeting the financial requirements in this section, "cash" includes currency, checks, credit card payments, donor advised funds, and electronic fund transfers received from all sources including, but not limited to, solicitations, investment income and tuition. "Cash" does not include gifts of tangible, real, or personal property or in-kind services;

(b) Organizations that can demonstrate that they have reached a three-year average of more than three million dollars in gross revenue through unusual or nonrecurring revenue received in a single year without which they would not have met the three-year annual gross average threshold; or

(c) If the tier three audited financial statement has been waived by the charities program, then the tier two reporting requirements shall apply as replacement to the waived audited financial statement.

History

Statutory Authority: RCW 29A.04.611. WSR 21-04-056, § 434-120-107, filed 1/27/21, effective 2/27/21. Statutory Authority: Chapters 11.110, 19.09, and 43.07 RCW. WSR 14-17-025, § 434-120-107, filed 8/12/14, effective 9/12/14. Statutory Authority: RCW 19.09.075, [19.09.]079, [19.09.]097, and [19.09.]520. WSR 12-14-114, § 434-120-107, filed 7/5/12, effective 8/5/12. Statutory Authority: RCW 19.09.540 and 43.07.125. WSR 10-22-048, § 434-120-107, filed 10/28/10, effective 11/28/10. Statutory Authority: RCW 19.09.315, 19.09.540, and 43.07.125. WSR 09-22-056, § 434-120-107, filed 10/30/09, effective 11/30/09. Statutory Authority: RCW 19.09.097, [19.09.]315, [19.09.]540, 43.07.125. WSR 09-01-106, § 434-120-107, filed 12/17/08, effective 1/17/09.

Wash. Admin. Code § 434-120-110 Optional registration for exempt organizations.

(1) Charitable organizations exempt from the registration requirements under RCW 19.09.081 and WAC 434-120-100(2) may file an optional registration with the charities program.

(2) Charitable organizations choosing to file an optional registration under this section may register by completing the registration form specified by the charities program.

(3) Charitable organizations registered under this section may amend their registration by filing the updated information with the charities program.

(4) The charities program may periodically send by postal or electronic mail a request to update the optional registration. An organization's status may become unregistered if the charity program's request is returned as undeliverable.

(5) Expedited processing under WAC 434-112-080 is available for optional registrations and updates under this section.

History

Statutory Authority: Chapters 11.110, 19.09, and 43.07 RCW. WSR 14-17-025, § 434-120-110, filed 8/12/14, effective 9/12/14. Statutory Authority: RCW 19.09.075, [19.09.]079, [19.09.]097, and [19.09.]520. WSR 12-14-114, § 434-120-110, filed 7/5/12, effective 8/5/12. Statutory Authority: RCW 19.09.540 and 43.07.125. WSR 10-22-048, § 434-120-110, filed 10/28/10, effective 11/28/10. Statutory Authority: RCW 19.09.315, 19.09.540, and 43.07.125. WSR 09-22-056, § 434-120-110, filed 10/30/09, effective 11/30/09. Statutory Authority: RCW 19.09.097, [19.09.]315, [19.09.]540, 43.07.125. WSR 09-01-106, § 434-120-110, filed 12/17/08, effective 1/17/09. Statutory Authority: RCW 23B.01.200(2), 24.03.007, [24.03.]008, 25.15.007, 19.09.020(15), [19.09].315, 19.77.115, and 43.07.170. WSR 04-04-018, § 434-120-110, filed 1/23/04, effective 2/23/04.

Wash. Admin. Code § 434-120-115 Treatment of appropriated funds.

A government subdivision or publicly supported educational facility that is also a charitable organization shall report government appropriated funds only to the extent such funds are directly expended to support fund raising efforts or to defray costs of administering the organization's fund-raising programs.

History

Statutory Authority: Chapters 11.110, 19.09, and 43.07 RCW. WSR 14-17-025, § 434-120-115, filed 8/12/14, effective 9/12/14. Statutory Authority: RCW 19.09.540 and 43.07.125. WSR 10-22-048, § 434-120-115, filed 10/28/10, effective 11/28/10. Statutory Authority: Chapters 34.05, 19.09, 11.110 and 43.07 RCW and 1993 c 471. WSR 94-01-004, § 434-120-115, filed 12/1/93, effective 1/1/94.

Wash. Admin. Code § 434-120-130 Financial standards.

Upon the request of the attorney general, secretary or the county prosecutor, a charitable organization shall submit a financial statement containing, but not limited to, the following information within thirty days from date of request:

(1) The gross amount of the contributions pledged and the gross amount collected;

(2) The amount thereof given or to be given to charitable purposes represented together with details as to the manner of distribution as may be required;

(3) The aggregate amount paid and to be paid for the expenses of such solicitation;

(4) The amounts paid and to be paid to commercial fund-raisers or charitable organizations; and

(5) Copies of any annual or periodic reports furnished by the charitable organization, of its activities during or for the same accounting period.

History

Statutory Authority: Chapters 11.110, 19.09, and 43.07 RCW. WSR 14-17-025, § 434-120-130, filed 8/12/14, effective 9/12/14. Statutory Authority: RCW 19.09.540 and 43.07.125. WSR 10-22-048, § 434-120-130, filed 10/28/10, effective 11/28/10. Statutory Authority: RCW 19.09.097, [19.09.]315, [19.09.]540, 43.07.125. WSR 09-01-106, § 434-120-130, filed 12/17/08, effective 1/17/09. Statutory Authority: RCW 19.09.075, 19.09.079 and 19.09.210. WSR 97-16-035, § 434-120-130, filed 7/30/97, effective 8/30/97. Statutory Authority: Chapters 34.05, 19.09, 11.110 and 43.07 RCW and 1993 c 471. WSR 94-01-004, § 434-120-130, filed 12/1/93, effective 1/1/94.

Wash. Admin. Code § 434-120-135 Contributor lists.

(1) All charitable organizations registered under this act shall keep records of all contributors to the organization for three years. If a commercial fund-raiser manages a campaign for a charitable organization, either the commercial fund-raiser or the charitable organization must be the entity responsible for maintaining the contributor records for that campaign. These records shall include the names of the following contributors:

(a) Each contributing entity that collects individual donations from an employee or member group or a business, turning them over to the charitable organization as a single sum, such as the United Way;

(b) Each corporation that contributed; and

(2) The records shall be compiled and retrievable for a period of three years and shall be turned over within ten working days upon written request of the attorney general or the county prosecutor, although the organization is not required to keep the names in a standard list format at all times.

History

Statutory Authority: Chapters 11.110, 19.09, and 43.07 RCW. WSR 14-17-025, § 434-120-135, filed 8/12/14, effective 9/12/14. Statutory Authority: RCW 19.09.075, [19.09.]079, [19.09.]097, and [19.09.]520. WSR 12-14-114, § 434-120-135, filed 7/5/12, effective 8/5/12. Statutory Authority: RCW 19.09.540 and 43.07.125. WSR 10-22-048, § 434-120-135, filed 10/28/10, effective 11/28/10. Statutory Authority: Chapters 34.05, 19.09, 11.110 and 43.07 RCW and 1993 c 471. WSR 94-01-004, § 434-120-135, filed 12/1/93, effective 1/1/94.

Wash. Admin. Code § 434-120-140 How and when to register.

(1) Initial registration: An entity required to register as a charitable organization shall complete the form described in RCW 19.09.075 and WAC 434-120-105 and submit it with the fee in RCW 19.09.062(1) prior to conducting any solicitation.

(2) Annual renewal:

(a) A charitable organization shall renew its registration by submitting a renewal form and fee described in RCW 19.09.062(2). The completed form and fee shall be received no later than the last business day of the eleventh month after the end of the organization's accounting year.

(b) The renewal shall include the same information required for registration as described in RCW 19.09.075 and WAC 434-120-105 except that a determination letter from the Internal Revenue Service need not be attached if it was previously filed. The solicitation report must be based on the most recent filing with the Internal Revenue Service or, if the organization does not file with the Internal Revenue Service, the most recently completed accounting year. No organization may submit the same financial information for two consecutive years.

(c) A change in an entity's accounting year may not cause the due date of a renewal to be more than one year after the previous registration or renewal.

History

Statutory Authority: Chapters 11.110, 19.09, and 43.07 RCW. WSR 14-17-025, § 434-120-140, filed 8/12/14, effective 9/12/14. Statutory Authority: RCW 19.09.075, [19.09.]079, [19.09.]097, and [19.09.]520. WSR 12-14-114, § 434-120-140, filed 7/5/12, effective 8/5/12. Statutory Authority: RCW 19.09.540 and 43.07.125. WSR 10-22-048, § 434-120-140, filed 10/28/10, effective 11/28/10. Statutory Authority: RCW 19.09.315, 19.09.540, and 43.07.125. WSR 09-22-056, § 434-120-140, filed 10/30/09, effective 11/30/09. Statutory Authority: RCW 19.09.097, [19.09.]315, [19.09.]540, 43.07.125. WSR 09-01-106, § 434-120-140, filed 12/17/08, effective 1/17/09. Statutory Authority: RCW 19.09.315 and 19.09.075. WSR 96-10-021, § 434-120-140, filed 4/24/96, effective 5/25/96. Statutory Authority: RCW 11.110.070 and 19.09.315. WSR 95-11-135, § 434-120-140, filed 5/24/95, effective 6/24/95. Statutory Authority: Chapters 34.05, 19.09, 11.110 and 43.07 RCW and 1993 c 471. WSR 94-01-004, § 434-120-140, filed 12/1/93, effective 1/1/94.

Wash. Admin. Code § 434-120-175 Voluntary verification information.

Each entity registering with the charities program may submit additional information, not required by law, if the information is intended to inform the public about its programs and activities and to verify its existence.

History

Statutory Authority: Chapters 11.110, 19.09, and 43.07 RCW. WSR 14-17-025, § 434-120-175, filed 8/12/14, effective 9/12/14. Statutory Authority: RCW 19.09.075, [19.09.]079, [19.09.]097, and [19.09.]520. WSR 12-14-114, § 434-120-175, filed 7/5/12, effective 8/5/12. Statutory Authority: RCW 19.09.097, [19.09.]315, [19.09.]540, 43.07.125. WSR 09-01-106, § 434-120-175, filed 12/17/08, effective 1/17/09. Statutory Authority: Chapters 34.05, 19.09, 11.110 and 43.07 RCW and 1993 c 471. WSR 94-01-004, § 434-120-175, filed 12/1/93, effective 1/1/94.

Wash. Admin. Code § 434-120-185 Charitable advisory council.

(1) The charitable advisory council shall consist of at least eleven members appointed by the secretary of state and an ex officio member appointed by the attorney general.

(2) Council members' terms are staggered, with the original board drawing lots for two-and three-year terms. All following terms are three years but all terms expire no later than when the appointing secretary leaves office. Vacancies may be filled by the secretary upon notice of a vacancy from the member.

(3) Meetings shall be at least twice a year, and additional meetings may be called by the secretary or the council. Reimbursement for expenses shall be at current state rates for travel, and all reimbursement requests shall be received within thirty days of incurring the expense.

History

Statutory Authority: Chapters 11.110, 19.09, and 43.07 RCW. WSR 14-17-025, § 434-120-185, filed 8/12/14, effective 9/12/14. Statutory Authority: RCW 19.09.075, [19.09.]079, [19.09.]097, and [19.09.]520. WSR 12-14-114, § 434-120-185, filed 7/5/12, effective 8/5/12. Statutory Authority: RCW 19.09.097, [19.09.]315, [19.09.]540, 43.07.125. WSR 09-01-106, § 434-120-185, filed 12/17/08, effective 1/17/09.

Wash. Admin. Code § 434-120-200 Required filings.

(1) A commercial fund-raiser complies with the registration requirements of this chapter by filing the following documents with the charities program at the times, and in the manner, prescribed by these rules and RCW 19.09.079:

(a) The commercial fund-raiser registration form, which is available online at the charities program web page or by contacting the charities program. This form is used as an initial registration form, as well as the annual renewal form.

(b) All surety bonds required by WAC 434-120-260.

(2) This section is intended to be explanatory of other rules in this chapter, and not to modify or diminish the requirements of those rules.

History

Statutory Authority: Chapters 11.110, 19.09, and 43.07 RCW. WSR 14-17-025, § 434-120-200, filed 8/12/14, effective 9/12/14. Statutory Authority: RCW 19.09.075, [19.09.]079, [19.09.]097, and [19.09.]520. WSR 12-14-114, § 434-120-200, filed 7/5/12, effective 8/5/12. Statutory Authority: RCW 19.09.097, [19.09.]315, [19.09.]540, 43.07.125. WSR 09-01-106, § 434-120-200, filed 12/17/08, effective 1/17/09. Statutory Authority: RCW 11.110.070 and 19.09.315. WSR 95-11-135, § 434-120-200, filed 5/24/95, effective 6/24/95.

Wash. Admin. Code § 434-120-210 Who shall register.

(1) Every commercial fund-raiser, as described in RCW 19.09.020(5), shall register each year, in accordance with WAC 434-120-200 by completing the form described in RCW 19.09.079 and WAC 434-120-215 and submitting it with the fee in RCW 19.09.062(3) prior to conducting any solicitation.

(2) Contract employees, independent contractors, and other individuals who are not bona fide officers or employees of a commercial fund-raiser that solicit or receive charitable contributions, if compensated, are required to register independently as commercial fund-raisers in accordance with RCW 19.09.079 and maintain a surety bond as required in RCW 19.09.191, unless exempt.

(3) Entities exempt from registration include the following:

(a) Fund-raising counsel as defined in RCW 19.09.020(10);

(b) Commercial coventurers as defined in 19.09.020(4); and

(c) Suppliers of goods and services to charitable organizations for fund-raising purposes as long as they are not otherwise engaged in the business of charitable fund-raising.

History

Statutory Authority: Chapters 11.110, 19.09, and 43.07 RCW. WSR 14-17-025, § 434-120-210, filed 8/12/14, effective 9/12/14. Statutory Authority: RCW 19.09.075, [19.09.]079, [19.09.]097, and [19.09.]520. WSR 12-14-114, § 434-120-210, filed 7/5/12, effective 8/5/12. Statutory Authority: RCW 19.09.097, [19.09.]315, [19.09.]540, 43.07.125. WSR 09-01-106, § 434-120-210, filed 12/17/08, effective 1/17/09. Statutory Authority: RCW 19.09.079, 19.09.190 and 19.09.315. WSR 97-16-036, § 434-120-210, filed 7/30/97, effective 8/30/97. Statutory Authority: Chapters 34.05, 19.09, 11.110 and 43.07 RCW and 1993 c 471. WSR 94-01-004, § 434-120-210, filed 12/1/93, effective 1/1/94.

Wash. Admin. Code § 434-120-215 Commercial fund-raiser registration.

(1) Commercial fund-raisers registering under this act shall use the commercial fund-raiser registration form described in WAC 434-120-200. The charities program's failure to affirmatively reject or return an incomplete registration or other filing that does not fully comply with these rules or chapter 19.09 RCW, shall not excuse the failure to comply. The charities program's acceptance of a registration or other filing which violates these rules or chapter 19.09 RCW shall not excuse the violation.

(2) In addition to the requirements of RCW 19.09.079, a registration is not complete, and will not be accepted for filing, unless it includes all the information requested on the form.

(a) The commercial fund-raiser may provide additional information which the commercial fund-raiser believes would be of assistance in understanding other reported information, or to provide context for reported information.

(b) The commercial fund-raiser shall report actual figures and shall not use estimates when completing a solicitation report.

(c) A newly formed commercial fund-raiser that has not yet completed its first year shall provide the full projected beginning and ending dates of its first accounting year.

History

Statutory Authority: Chapters 11.110, 19.09, and 43.07 RCW. WSR 14-17-025, § 434-120-215, filed 8/12/14, effective 9/12/14. Statutory Authority: RCW 19.09.075, [19.09.]079, [19.09.]097, and [19.09.]520. WSR 12-14-114, § 434-120-215, filed 7/5/12, effective 8/5/12. Statutory Authority: RCW 19.09.097, [19.09.]315, [19.09.]540, 43.07.125. WSR 09-01-106, § 434-120-215, filed 12/17/08, effective 1/17/09. Statutory Authority: RCW 23B.01.200(2), 24.03.007, [24.03.]008, 25.15.007, 19.09.020(15), [19.09].315, 19.77.115, and 43.07.170. WSR 04-04-018, § 434-120-215, filed 1/23/04, effective 2/23/04. Statutory Authority: RCW 19.09.075, 19.09.079 and 19.09.210. WSR 97-16-035, § 434-120-215, filed 7/30/97, effective 8/30/97. Statutory Authority: RCW 11.110.070 and 19.09.315. WSR 95-11-135, § 434-120-215, filed 5/24/95, effective 6/24/95. Statutory Authority: Chapters 34.05, 19.09, 11.110 and 43.07 RCW and 1993 c 471. WSR 94-01-004 and 94-02-011, § 434-120-215, filed 12/1/93 and 12/22/93, effective 1/1/94 and 1/23/94.

Wash. Admin. Code § 434-120-218 Solicitation reports by commercial fund-raisers that subcontract.

(1) A commercial fund-raiser that engages another commercial fund-raiser to solicit funds or conduct a solicitation on behalf of a charitable organization is responsible for reporting and shall include the total contributions and the total expenses related to that campaign in its solicitations report and financial statement.

(2) If a reporting commercial fund-raiser's contributions and expenses for a campaign are also included in another commercial fund-raiser's solicitations report, the reporting fund-raiser shall list in its report the name of that fund-raiser, the name of the charitable organization, the dates of the campaign, and the total contributions and expenses for which it was responsible.

(3) Regardless of whether a commercial fund-raiser which acts as a contractor reports the contributions and expenses of its subcontractor(s), each subcontracting commercial fund-raiser, shall independently register, post bond, report its own contributions and expenses, and comply with all other provisions of these rules and chapter 19.09 RCW as they apply to commercial fund-raisers.

History

Statutory Authority: Chapters 11.110, 19.09, and 43.07 RCW. WSR 14-17-025, § 434-120-218, filed 8/12/14, effective 9/12/14. Statutory Authority: RCW 11.110.070 and 19.09.315. WSR 95-11-135, § 434-120-218, filed 5/24/95, effective 6/24/95.

Wash. Admin. Code § 434-120-225 Annual renewal.

(1) Each commercial fund-raiser shall renew annually by submitting a renewal form and the filing fee in RCW 19.09.062 so they are received by no later than the last business day of the eleventh month after the end of its accounting year.

The renewal shall include the same information required for registration as described in RCW 19.09.079 and WAC 434-120-215. The solicitation report must be based on the most recently completed accounting year. No organization may submit the same financial information for two consecutive years.

(2) No change in a fund-raiser's accounting year may cause the due date of a renewal to be more than one year after the previous registration or renewal.

History

Statutory Authority: Chapters 11.110, 19.09, and 43.07 RCW. WSR 14-17-025, § 434-120-225, filed 8/12/14, effective 9/12/14. Statutory Authority: RCW 19.09.075, [19.09.]079, [19.09.]097, and [19.09.]520. WSR 12-14-114, § 434-120-225, filed 7/5/12, effective 8/5/12. Statutory Authority: RCW 19.09.097, [19.09.]315, [19.09.]540, 43.07.125. WSR 09-01-106, § 434-120-225, filed 12/17/08, effective 1/17/09. Statutory Authority: RCW 19.09.315 and 19.09.075. WSR 96-10-021, § 434-120-225, filed 4/24/96, effective 5/25/96. Statutory Authority: Chapters 34.05, 19.09, 11.110 and 43.07 RCW and 1993 c 471. WSR 94-01-004, § 434-120-225, filed 12/1/93, effective 1/1/94.

Wash. Admin. Code § 434-120-240 Contract between a commercial fund-raiser and a charitable organization.

(1) A commercial fund-raiser and charitable organization entering into a contract shall register the contract by completing the contract registration form, attaching a signed copy of the written contract, and filing the form and contract with the charities program. The contract shall be registered before the commencement of the campaign.

(a) The charitable organization is responsible for the registration of the signed contract and contract registration form, and for the registration fee described in RCW 19.09.062(5).

(b) In addition to the requirements of RCW 19.09.097, the terms of the contract shall specify who will maintain the donor list.

(c) A contract registration may not be accepted for filing unless it includes all the information requested on the registration form. The charitable organization must be notified in accordance with 19.09.097(5) in the event the charities program determines that it is incomplete.

(2) The charitable organization shall notify the charities program in writing of any addenda, extensions, cancellations, or other changes to the contract within thirty days.

History

Statutory Authority: Chapters 11.110, 19.09, and 43.07 RCW. WSR 14-17-025, § 434-120-240, filed 8/12/14, effective 9/12/14. Statutory Authority: RCW 19.09.075, [19.09.]079, [19.09.]097, and [19.09.]520. WSR 12-14-114, § 434-120-240, filed 7/5/12, effective 8/5/12. Statutory Authority: RCW 19.09.315, 19.09.540, and 43.07.125. WSR 09-22-056, § 434-120-240, filed 10/30/09, effective 11/30/09. Statutory Authority: RCW 23B.01.200(2), 24.03.007, [24.03.]008, 25.15.007, 19.09.020(15), [19.09].315, 19.77.115, and 43.07.170. WSR 04-04-018, § 434-120-240, filed 1/23/04, effective 2/23/04. Statutory Authority: Chapters 34.05, 19.09, 11.110 and 43.07 RCW and 1993 c 471. WSR 94-01-004, § 434-120-240, filed 12/1/93, effective 1/1/94.

Wash. Admin. Code § 434-120-255 Financial standards.

Upon the request of the attorney general, secretary of state, or county prosecutor, a commercial fund-raiser shall submit a financial statement containing, but not limited to, the following information within thirty days from date of request:

(1) The gross amount of the contributions pledged and the gross amount collected;

(2) The amount thereof retained by the charitable organization, given or to be given to charitable organizations represented together with details as to the manner of distribution as may be required;

(3) The aggregate amount paid and to be paid for the expenses of such solicitation;

(4) The amounts paid to and to be paid to charitable organizations; and

(5) Copies of any annual or periodic reports furnished by the fund-raising organization, of its activities during or for the same accounting period, to its parent organization, subsidiaries, or affiliates, if any.

History

Statutory Authority: Chapters 11.110, 19.09, and 43.07 RCW. WSR 14-17-025, § 434-120-255, filed 8/12/14, effective 9/12/14. Statutory Authority: RCW 19.09.075, 19.09.079 and 19.09.210. WSR 97-16-035, § 434-120-255, filed 7/30/97, effective 8/30/97. Statutory Authority: Chapters 34.05, 19.09, 11.110 and 43.07 RCW and 1993 c 471. WSR 94-01-004 and 94-02-011, § 434-120-255, filed 12/1/93 and 12/22/93, effective 1/1/94 and 1/23/94.

Wash. Admin. Code § 434-120-260 Surety bonds.

(1) A commercial fund-raiser shall provide proof of bonding if the commercial fund-raiser engages, or plans to engage, in one or more of the practices identified in RCW 19.09.191 (1)(a) through (d).

(2) The registering commercial fund-raiser shall submit proof of execution of a surety bond with one or more sureties whose liability in the aggregate equals at least twenty-five thousand dollars.

(3) A commercial fund-raiser must provide and maintain a bond without interruption so long as it engages in one or more practices in RCW 19.09.191 (1)(a) through (d). Upon notification that the bond is canceled, the charities program must require proof of a replacement bond, in full amount, within thirty days or by the effective date of bond cancellation, whichever is later.

(4) Failure to provide a replacement surety bond whose liability equals at least twenty-five thousand dollars shall result in the involuntary closure of the registration of the commercial fund-raiser.

History

Statutory Authority: Chapters 11.110, 19.09, and 43.07 RCW. WSR 14-17-025, § 434-120-260, filed 8/12/14, effective 9/12/14. Statutory Authority: RCW 19.09.075, [19.09.]079, [19.09.]097, and [19.09.]520. WSR 12-14-114, § 434-120-260, filed 7/5/12, effective 8/5/12. Statutory Authority: RCW 19.09.097, [19.09.]315, [19.09.]540, 43.07.125. WSR 09-01-106, § 434-120-260, filed 12/17/08, effective 1/17/09. Statutory Authority: RCW 23B.01.200(2), 24.03.007, [24.03.]008, 25.15.007, 19.09.020(15), [19.09].315, 19.77.115, and 43.07.170. WSR 04-04-018, § 434-120-260, filed 1/23/04, effective 2/23/04. Statutory Authority: RCW 11.110.070 and 19.09.315. WSR 95-11-135, § 434-120-260, filed 5/24/95, effective 6/24/95. Statutory Authority: Chapters 34.05, 19.09, 11.110 and 43.07 RCW and 1993 c 471. WSR 94-01-004, § 434-120-260, filed 12/1/93, effective 1/1/94.

Wash. Admin. Code § 434-120-270 Impairment of surety bond.

In the event that a final judgment shall impair the liability of a surety bond and the full amount required is not in effect, the charities program shall close the registration of such commercial fund-raiser. The commercial fund-raiser may reregister when it has restored the full amount of the required bond liability and satisfied all judgment claims.

History

Statutory Authority: Chapters 11.110, 19.09, and 43.07 RCW. WSR 14-17-025, § 434-120-270, filed 8/12/14, effective 9/12/14. Statutory Authority: RCW 19.09.097, [19.09.]315, [19.09.]540, 43.07.125. WSR 09-01-106, § 434-120-270, filed 12/17/08, effective 1/17/09. Statutory Authority: Chapters 34.05, 19.09, 11.110 and 43.07 RCW and 1993 c 471. WSR 94-01-004, § 434-120-270, filed 12/1/93, effective 1/1/94.

Wash. Admin. Code § 434-120-280 Signing off on the surety bond.

A commercial fund-raiser bonded in accordance with chapter 19.09 RCW and these regulations shall retain the protection of the bond until all claims against it can be filed in accordance with the statute of limitations listed in chapter 4.16 RCW. The charities program does not have authority to sign off on a surety bond signifying that all outstanding claims have been filed prior to the expiration of the statute of limitations.

History

Statutory Authority: Chapters 11.110, 19.09, and 43.07 RCW. WSR 14-17-025, § 434-120-280, filed 8/12/14, effective 9/12/14. Statutory Authority: Chapters 34.05, 19.09, 11.110 and 43.07 RCW and 1993 c 471. WSR 94-01-004, § 434-120-280, filed 12/1/93, effective 1/1/94.

Wash. Admin. Code § 434-120-300 Jurisdiction.

A trust is subject to Washington jurisdiction if:

(1) It is created pursuant to a trust instrument that specifies that it is subject to the jurisdiction of the state of Washington or that its terms are to be construed pursuant to the laws of the state of Washington;

(2) It is a testamentary trust, and the will was probated or recorded, or letters testamentary or of administration were granted, in the state of Washington;

(3) The trust was created pursuant to order of a Washington court or by operation of Washington law;

(4) The trust was created by or pursuant to the articles of incorporation of a Washington corporation; or

(5) No state, territory, or nation may assert a superior claim of jurisdiction, and:

(a) The trust was created pursuant to a trust agreement or document executed or recorded within the state of Washington but which does not expressly vest jurisdiction in another state, territory, or nation; or

(b) The trust corpus consists predominantly of property located in or administered from Washington; or

History

Statutory Authority: Chapters 11.110, 19.09, and 43.07 RCW. WSR 14-17-025, § 434-120-300, filed 8/12/14, effective 9/12/14. Statutory Authority: RCW 11.110.051, 11.110.060 and 11.110.070. WSR 98-18-034, § 434-120-300, filed 8/26/98, effective 9/26/98. Statutory Authority: RCW 11.110.070. WSR 96-08-049, § 434-120-300, filed 4/1/96, effective 5/2/96. Statutory Authority: RCW 11.110.070 and 19.09.315. WSR 95-11-135, § 434-120-300, filed 5/24/95, effective 6/24/95. Statutory Authority: Chapters 34.05, 19.09, 11.110 and 43.07 RCW and 1993 c 471. WSR 94-01-004, § 434-120-300, filed 12/1/93, effective 1/1/94.

Wash. Admin. Code § 434-120-305 Who shall register.

The registration and reporting requirements of chapter 11.110 RCW apply to every trustee, as defined by RCW 11.110.020, who is required to register by RCW 11.110.051. The charities program has determined, pursuant to RCW 11.110.051 (1)(a), that a trustee shall be required to register or report if, as to a particular charitable trust, the trustee holds assets, invested for income-producing purposes, exceeding a value of two hundred fifty thousand dollars, and otherwise meets the description of RCW 11.110.051.

History

Statutory Authority: Chapters 11.110, 19.09, and 43.07 RCW. WSR 14-17-025, § 434-120-305, filed 8/12/14, effective 9/12/14. Statutory Authority: RCW 23B.01.200(2), 24.03.007, [24.03.]008, 25.15.007, 19.09.020(15), [19.09].315, 19.77.115, and 43.07.170. WSR 04-04-018, § 434-120-305, filed 1/23/04, effective 2/23/04. Statutory Authority: RCW 11.110.051, 11.110.060 and 11.110.070. WSR 98-18-034, § 434-120-305, filed 8/26/98, effective 9/26/98. Statutory Authority: RCW 11.110.070 and 19.09.315. WSR 95-11-135, § 434-120-305, filed 5/24/95, effective 6/24/95. Statutory Authority: Chapters 34.05, 19.09, 11.110 and 43.07 RCW and 1993 c 471. WSR 94-01-004, § 434-120-305, filed 12/1/93, effective 1/1/94.

Wash. Admin. Code § 434-120-307 Required filings.

(1) Initial registration: Every trustee required to register by RCW 11.110.051 shall do so in the time and in the manner described in RCW 11.110.060. Trustees shall use the registration form described in WAC 434-120-310, and file all other documents required by RCW 11.110.060.

(2) Periodic reporting: Every trustee required to register by RCW 11.110.051 shall report annually as required by RCW 11.110.070. The annual reporting requirement is satisfied by filing the renewal form described in WAC 434-120-310(3) and filing a complete copy of the trust's federal information return 990, 990PF, 990EZ or financial report, which ever applies, with the charities program no later than the last business day of the eleventh month after the end of the organization's accounting year.

History

Statutory Authority: Chapters 11.110, 19.09, and 43.07 RCW. WSR 14-17-025, § 434-120-307, filed 8/12/14, effective 9/12/14. Statutory Authority: RCW 19.09.075, [19.09.]079, [19.09.]097, and [19.09.]520. WSR 12-14-114, § 434-120-307, filed 7/5/12, effective 8/5/12. Statutory Authority: RCW 23B.01.200(2), 24.03.007, [24.03.]008, 25.15.007, 19.09.020(15), [19.09].315, 19.77.115, and 43.07.170. WSR 04-04-018, § 434-120-307, filed 1/23/04, effective 2/23/04.

Wash. Admin. Code § 434-120-310 Charitable trust registration.

(1) Trustees registering under chapter 11.110 RCW shall use the registration form available from the charities program. The charities program's failure to affirmatively reject or return an incomplete registration or other filing that does not fully comply with these rules or chapter 11.110 RCW shall not excuse the failure to comply.

(2) In addition to the requirements of chapter 11.110 RCW, a registration form is not complete, and will not be accepted for filing, unless it includes all the information requested on the registration form.

(3) The trust shall report actual figures, and shall not use estimates, when completing a financial report.

(4) All charitable trust registrations shall be signed and dated by:

(a) The trustee;

(b) If the trustee is a corporation, the corporate officer or employee responsible for the trust; or

(5) A copy of the governing instrument creating the trust or any federal form is not sufficient to meet the requirements of this section.

History

Statutory Authority: Chapters 11.110, 19.09, and 43.07 RCW. WSR 14-17-025, § 434-120-310, filed 8/12/14, effective 9/12/14. Statutory Authority: RCW 19.09.075, [19.09.]079, [19.09.]097, and [19.09.]520. WSR 12-14-114, § 434-120-310, filed 7/5/12, effective 8/5/12. Statutory Authority: RCW 19.09.097, [19.09.]315, [19.09.]540, 43.07.125. WSR 09-01-106, § 434-120-310, filed 12/17/08, effective 1/17/09. Statutory Authority: RCW 23B.01.200(2), 24.03.007, [24.03.]008, 25.15.007, 19.09.020(15), [19.09].315, 19.77.115, and 43.07.170. WSR 04-04-018, § 434-120-310, filed 1/23/04, effective 2/23/04. Statutory Authority: RCW 11.110.051, 11.110.060 and 11.110.070. WSR 98-18-034, § 434-120-310, filed 8/26/98, effective 9/26/98. Statutory Authority: RCW 11.110.070 and 19.09.315. WSR 95-11-135, § 434-120-310, filed 5/24/95, effective 6/24/95. Statutory Authority: Chapters 34.05, 19.09, 11.110 and 43.07 RCW and 1993 c 471. WSR 94-01-004, § 434-120-310, filed 12/1/93, effective 1/1/94.

Wash. Admin. Code § 434-120-355 Change in status, notification.

A charitable trust shall notify the charities program in writing of a change in trust instrument, trustee, principal officer, federal tax status, fiscal year, or any other information filed under RCW 11.110.060 within four months after the change at no charge.

History

Statutory Authority: Chapters 11.110, 19.09, and 43.07 RCW. WSR 14-17-025, § 434-120-355, filed 8/12/14, effective 9/12/14. Statutory Authority: RCW 43.07.125 and chapter 19.09 RCW. WSR 10-15-036, § 434-120-355, filed 7/13/10, effective 8/13/10. Statutory Authority: RCW 19.09.097, [19.09.]315, [19.09.]540, 43.07.125. WSR 09-01-106, § 434-120-355, filed 12/17/08, effective 1/17/09. Statutory Authority: RCW 23B.01.200(2), 24.03.007, [24.03.]008, 25.15.007, 19.09.020(15), [19.09].315, 19.77.115, and 43.07.170. WSR 04-04-018, § 434-120-355, filed 1/23/04, effective 2/23/04.

Wash. Admin. Code § 434-120-360 Dissolution of trust, procedure and notification.

(1) A charitable trust shall submit written notification of its intent to dissolve to the charities program thirty days prior to dissolution.

(2) Upon dissolution, the trust shall provide written information regarding the disposition of its assets, including, but not limited to, the amount and type of assets, and the name and address of the entity in receipt of such assets to:

(a) The charities program if the dissolution is in accordance with the specific terms of the trust; or

(b) Both the charities program and the office of the attorney general if the dissolution is the result of:

(i) A merger;

(ii) A voluntary dissolution outside the specific terms of the trust;

(iii) A change in the state of domicile of the trust; or

(iv) Any other change in the trust giving rise to the obligation to notify the attorney general under RCW 11.110.120.

(3) Notice to the charities program under subsection (2)(b) of this section is not required for those trusts that are not required to register with the charities program.

History

Statutory Authority: Chapters 11.110, 19.09, and 43.07 RCW. WSR 14-17-025, § 434-120-360, filed 8/12/14, effective 9/12/14. Statutory Authority: RCW 23B.01.200(2), 24.03.007, [24.03.]008, 25.15.007, 19.09.020(15), [19.09].315, 19.77.115, and 43.07.170. WSR 04-04-018, § 434-120-360, filed 1/23/04, effective 2/23/04.

Chapter 434-166 International student exchange agency registration.

Wash. Admin. Code § 434-166-010 Authority.

These rules are adopted under the authority of chapter 19.166 RCW to provide for the administration of the International Student Exchange Agency Registration Act, hereafter referred to as the "act." These regulations shall be considered a supplement to and not a replacement for the act.

History

Statutory Authority: RCW 19.066.050 [19.166.050]. WSR 10-04-035, § 434-166-010, filed 1/27/10, effective 2/27/10. Statutory Authority: RCW 19.166.050 and 19.166.060. WSR 92-10-023, § 434-166-010, filed 4/29/92, effective 5/30/92.

Wash. Admin. Code § 434-166-020 Purpose of regulations.

The purpose of the regulations is to set minimum standards to implement the "act" in an effective and efficient manner.

History

Statutory Authority: RCW 19.166.050 and 19.166.060. WSR 92-10-023, § 434-166-020, filed 4/29/92, effective 5/30/92.

Wash. Admin. Code § 434-166-030 Official address, telephone number of the office of the secretary of state, international student exchange program.

The address to be used for delivery and receipt of mail, information, registration applications, amendments, fees, and other material required by the act is:

Office of the Secretary of State

International Student Exchange Program

P.O. Box 40234

Olympia WA 98504-0234

The telephone number to be used for inquiries relating to this act and to be disclosed by the organization as required by RCW 19.166.070, is: 360-725-0377.

History

Statutory Authority: RCW 19.066.050 [19.166.050]. WSR 10-04-035, § 434-166-030, filed 1/27/10, effective 2/27/10. Statutory Authority: RCW 19.166.050 and 19.166.060. WSR 00-21-086, § 434-166-030, filed 10/17/00, effective 11/17/00
WSR 92-10-023, § 434-166-030, filed 4/29/92, effective 5/30/92.

Wash. Admin. Code § 434-166-040 Office hours.

Customary hours of operation of the International Student Exchange Program are 8:00 a.m. to 5:00 p.m., Monday through Friday, except holidays. Registration documents received after 4:30 p.m. will not be processed until the next day.

History

Statutory Authority: RCW 19.066.050 [19.166.050]. WSR 10-04-035, § 434-166-040, filed 1/27/10, effective 2/27/10. Statutory Authority: RCW 19.166.050 and 19.166.060. WSR 92-10-023, § 434-166-040, filed 4/29/92, effective 5/30/92.

Wash. Admin. Code § 434-166-050 Public records.

Except as provided by RCW 42.56.230, all documents relating to the International Student Exchange Program are public record and are available for public inspection and copying pursuant to rules of procedure, chapter 434-12A WAC.

History

Statutory Authority: RCW 19.066.050 [19.166.050]. WSR 10-04-035, § 434-166-050, filed 1/27/10, effective 2/27/10. Statutory Authority: RCW 19.166.050 and 19.166.060. WSR 92-10-023, § 434-166-050, filed 4/29/92, effective 5/30/92.

Wash. Admin. Code § 434-166-060 Public records copying charge—Exemptions.

Requests for copies or certificates relating to the public records of this act shall be charged per registered organization, as follows:

(1) A photocopy shall be fifty cents per page for the first ten pages and twenty-five cents per page for each additional page.

(2) A certified copy or certificate of fact shall be five dollars for the certification plus any additional copying charges.

(3) Requests for copies (whether photo or certified) or a certificate of fact by a Washington state agency in the pursuit of business shall be provided without charge.

History

Statutory Authority: RCW 19.166.050 and 19.166.060. WSR 92-10-023, § 434-166-060, filed 4/29/92, effective 5/30/92.

Wash. Admin. Code § 434-166-070 Registration applications—Grounds for denial.

Any application or form shall not be accepted by the secretary of state if it is not on the form prescribed by the secretary, or is unsigned, incomplete, illegible, or does not include all required fees, information, and documents.

History

Statutory Authority: RCW 19.166.050 and 19.166.060. WSR 92-10-023, § 434-166-070, filed 4/29/92, effective 5/30/92.

Wash. Admin. Code § 434-166-080 Definitions.

Terms defined in RCW 19.166.020 shall apply in these regulations. In addition, the following definitions shall be applicable when used in these regulations:

(1) "Secretary" means the secretary of state or an employee of the secretary acting under the authority of the secretary.

(2) "Act" means the International Student Exchange Agency Registration Act, chapter 128, Laws of 1991 and Title 19 RCW.

(3) "Responsible officer" means the officer or employee of the international student placement organization who has primary authority for supervising placements in the state of Washington.

[(4)] "Responsible officer address" means the physical location of the responsible officer.

[(5)] "Immediate family" means the parent(s) or legal guardian(s) of an international student exchange visitor.

[(6)] "Nonimmigrant visa" means a visa category used by nonresident aliens whose primary purpose for visiting the United States is to study full time at an approved institution.

[(7)] "Host family" means the family residing in the state of Washington that the international student exchange visitor resides with during his or her period of academic study.

[(8)] "CSIET" means the Council on Standards for International Educational Travel.

[(9)] "CSIET standards" means standards published by CSIET and used by the CSIET to evaluate the operations of international student exchange visitor placement organizations.

[(10)] "CSIET's approval for listing letter" means the letter from CSIET showing that the placement organization meets the standards set by the CSIET and has been accepted for the current listing.

[(11)] "High school" means any secondary public institution of learning in the state of Washington.

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules, and deems ineffectual changes not filed by the agency in this manner. The bracketed material in the above section does not appear to conform to the statutory requirement.

Wash. Admin. Code § 434-166-090 Selection of student.

The organization shall be fully responsible for the selection of suitable students for participation in its international student exchange visitor program. Selection shall be limited to students who have a sufficient command of the English language to enable them to function well in an English-speaking academic and community environment. Students shall also be screened for demonstrated maturity, good character, and ability to derive maximum benefit from the program experience.

History

Statutory Authority: RCW 19.166.050 and 19.166.060. WSR 92-10-023, § 434-166-090, filed 4/29/92, effective 5/30/92.

Wash. Admin. Code § 434-166-100 Orientation of students and host families.

(1) The organization shall provide:

(a) Each student and immediate family of each student with suitable orientation prior to departure from their home and upon arrival in the state of Washington to acquaint them in advance with the customs of the state of Washington and the United States. In addition, they shall be provided with detailed knowledge of the school and academic program in which he or she will be participating and information relating to their host family.

(b) Each host family with suitable orientation in advance of the student's arrival, including information on family, school, and cultures of the student's native country, as well as information relating to the academic program in which the student will be enrolled in.

(2) Each organization shall maintain in their records a copy of the letters used to notify the student, immediate family, and host family of the above information.

History

Statutory Authority: RCW 19.166.050 and 19.166.060. WSR 92-10-023, § 434-166-100, filed 4/29/92, effective 5/30/92.

Wash. Admin. Code § 434-166-110 Health and accident insurance.

(1) Each organization shall ensure that every student participating in the exchange program has health and accident insurance from the time of departure from home to the time the student returns to his or her home country. Minimum acceptable insurance is:

(a) Medical and accident coverage of fifty thousand dollars per illness or accident;

(b) Preparation and transportation of remains to the student's home country (minimum of seven thousand five hundred dollars) in the event of death. Coverage may be provided in one of the following ways:

(i) By the student;

(ii) By the organization.

(2) The organization is responsible for providing each student, each student's immediate family and the host family detailed printed information regarding the terms and limits of insurance coverage and procedures for filing a claim (including forms wherever possible).

(3) The organization shall maintain in its files proof of health and accident insurance.

History

Statutory Authority: RCW 19.066.050 [19.166.050]. WSR 10-04-035, § 434-166-110, filed 1/27/10, effective 2/27/10. Statutory Authority: RCW 19.166.050 and 19.166.060. WSR 92-10-023, § 434-166-110, filed 4/29/92, effective 5/30/92.

Wash. Admin. Code § 434-166-120 Acceptance of students.

No student shall be brought into the state of Washington by the organization unless he or she has been accepted in writing as a student by the legally authorized designee of the admitting high school. The organization shall maintain in its files copies of such documents authorizing enrollment.

History

Statutory Authority: RCW 19.166.050 and 19.166.060. WSR 92-10-023, § 434-166-120, filed 4/29/92, effective 5/30/92.

Wash. Admin. Code § 434-166-130 Selection of host family.

(1) The organization is responsible for making all arrangements for the placement of each student with a host family whose home is located in a place convenient to the educational institution in which the student is to be enrolled.

(2) The organization shall make every effort to assure the maximum degree of compatibility between the family and the student, including, wherever possible, the presence in the family of a teenage student.

(3) The organization's representative shall visit the home of, and personally interview, each host family before a student is assigned to such family including verifying that each member of the host family eighteen years of age and older has undergone a criminal background check.

(4) The organization shall ensure that its representative selects only those homes which reflect the high quality expected of the International Student Exchange Agency Program.

(5) A written record shall be made of this visit and interview by the representative, a copy of which shall be maintained by the organization.

(6) Selection of host families and assignment of students shall be made prior to the student's departure from his or her home country.

(7) No organization shall bring a student into the United States without written acceptance from the host family.

(8) The host family shall be advised in writing of the name, age, educational status, other background information, and anticipated arrival time of the assigned student.

(9) The student's immediate family shall be advised in writing of the name, address, family composition, and other background information concerning the host family at the earliest possible time, to permit the exchange of correspondence between the respective families in advance of the student's arrival.

(10) Copies of these notifications shall be maintained in its files by the organization.

History

Statutory Authority: RCW 19.066.050 [19.166.050]. WSR 10-04-035, § 434-166-130, filed 1/27/10, effective 2/27/10. Statutory Authority: RCW 19.166.050 and 19.166.060. WSR 92-10-023, § 434-166-130, filed 4/29/92, effective 5/30/92.

Wash. Admin. Code § 434-166-140 Host family housing requirements for students.

(1) Each organization shall be responsible for placing the student with a host family which can provide housing which:

(a) Furnishes separate private sleeping quarters for each sex;

(b) A bed of his or her own; and

(2) The host family's home, and household equipment shall be maintained in a clean and sanitary condition, free of hazards, and in good repair. The home shall be accessible to other resources in the event of an emergency (e.g., telephone, emergency services, etc.).

History

Statutory Authority: RCW 19.166.050 and 19.166.060. WSR 92-10-023, § 434-166-140, filed 4/29/92, effective 5/30/92.

Wash. Admin. Code § 434-166-150 Change in host family assignment.

If unforeseen events occur and it is in the best interest of the student, the organization may make a change in the host family assignment of a student. Reports of any such changes and the reasons therefore shall be retained by the organization. Notification of any change shall be sent within twenty-four hours to the immediate family, host families, and the school of placement.

History

Statutory Authority: RCW 19.166.050 and 19.166.060. WSR 92-10-023, § 434-166-150, filed 4/29/92, effective 5/30/92.

Wash. Admin. Code § 434-166-160 Employment of students.

(1) Each organization shall advise its students that they may not accept or undertake regular employment while enrolled in the program.

(2) Students may engage in occasional intermittent jobs, such as tutoring, grass-cutting, baby-sitting and the like.

(3) Students may not perform the duties of a household domestic for compensation or otherwise in the home of the host family.

(4) Students may be asked to assist in normal daily chores in the host family household which other members of the family perform.

History

Statutory Authority: RCW 19.166.050 and 19.166.060. WSR 92-10-023, § 434-166-160, filed 4/29/92, effective 5/30/92.

Wash. Admin. Code § 434-166-170 Supervision by organization.

The organization shall maintain continuous personal contact with each of its' students, the host family, and the high school in which each student is enrolled. The organization shall initiate action to attempt to resolve any problems which may arise with respect to the student's participation in his or her academic program or with respect to the student's relationship with his or her host family.

History

Statutory Authority: RCW 19.166.050 and 19.166.060. WSR 92-10-023, § 434-166-170, filed 4/29/92, effective 5/30/92.

Wash. Admin. Code § 434-166-180 Travel responsibility of organization.

(1) Each organization shall be responsible for maintaining records of prepaid travel arrangements of all students placed in the state of Washington by the organization.

(2) Transportation must be provided both to and from the student's home to their destination by air and/or surface modes of commercial transportation.

(3) Travel arrangements shall be carried out by the purchase of a roundtrip ticket or tickets to their final destinations for each student prior to the entry of each student into the state of Washington. These travel arrangements may be made either:

(a) By the organization; or

(b) By the student.

(4) A copy of the travel itinerary and a copy of the prepaid roundtrip ticket shall be maintained by the organization in their files.

(5) A copy of the prepaid roundtrip ticket shall be given to the host family.

History

Statutory Authority: RCW 19.166.050 and 19.166.060. WSR 92-10-023, § 434-166-180, filed 4/29/92, effective 5/30/92.

Wash. Admin. Code § 434-166-190 Information to be provided.

(1) An international student placement agency shall provide each student, each student's immediate family, and the host family with an informational document regarding the agency services, in English, which shall contain at a minimum: Disclosure of all moneys paid to the agency which are to be paid to the host family, students, or for special or additional activities during the program period. The timing and method of payment are to be specified.

(2) In addition, each student and host family shall receive a statement which includes the amount of the fee to be charged to the student.

History

Statutory Authority: RCW 19.166.050 and 19.166.060. WSR 92-10-023, § 434-166-190, filed 4/29/92, effective 5/30/92.

Wash. Admin. Code § 434-166-200 Agency records requirements.

(1) Each organization shall keep records at the organizational office of services rendered to host families and students. The records and obligations shall include:

(a) The name, home address, and telephone number of the student (in that student's home country) to whom services are provided or promised.

(b) The name, address, and telephone number of the host family with whom the student is placed, which shall be on file at least seven days prior to the student's arrival in the state of Washington.

(c) Document that each student entered the state with a nonimmigrant visa and is enrolled in a public secondary educational institution.

(d) Document that authorizes enrollment in school of acceptance.

(e) Copy of written records of interview between the organization's representative and the host family.

(f) Copy of correspondence to the student's immediate family advising them of the name, address, family composition, and other background information concerning the host family.

(g) Copy of correspondence to host family(ies) advising them of the name, age, educational status, other background information, and anticipated arrival time of student.

(h) The amount of the organization's fee(s) charged to a student and an itemization of the services attributable to individual portions of the fee(s).

(i) A complete copy of any written agreements entered into between the organization, students, and the host families.

(j) Copy of health and accident insurance policy covering participating students and a statement of how coverage shall be provided.

(2) The records shall be maintained for a period of one year from the date on which the student departs from the state of Washington. For purposes of investigating a complaint or otherwise assuring compliance with this chapter and rules adopted thereunder, the records shall be subject to inspection by the secretary, upon request.

History

Statutory Authority: RCW 19.166.050 and 19.166.060. WSR 92-10-023, § 434-166-200, filed 4/29/92, effective 5/30/92.

Wash. Admin. Code § 434-166-210 Appointment of a responsible officer and responsible officer address.

(1) Each organization shall appoint and continuously maintain a responsible officer, as required by RCW 19.166.040, who has primary responsibility for supervising placements within the state of Washington.

(2) The responsible officer shall be an employee or officer of the organization.

(3) The person who signs the application as responsible officer as required by RCW 19.166.040(2) shows acceptance of assuming the duties of the responsible officer.

(4) The responsible officer shall have an address which shall be a specific geographic location, and be identified by number, if any, and street, or building address, or rural route, city, state, and zip code or, if a commonly known street or rural route does not exist, by legal description. The responsible officer's address may not be identified by post office box number or other nongeographic address. For purposes of communicating by mail, the secretary may permit the use of a post office address in conjunction with the geographic location if they are located in same city, if, the organization also maintains on file the specific geographic address of the Washington office.

History

Statutory Authority: RCW 19.166.030, 19.166.040, 19.166.050 and 19.166.060. WSR 99-16-066, § 434-166-210, filed 8/2/99, effective 9/2/99. Statutory Authority: RCW 19.166.050 and 19.166.060. WSR 92-10-023, § 434-166-210, filed 4/29/92, effective 5/30/92.

Wash. Admin. Code § 434-166-220 Change of responsible officer and/or responsible officer address.

An organization may change its responsible officer or responsible officer address by delivering to the secretary, within thirty days of the change, a statement of change form prescribed by the secretary that sets forth:

(1) The name of the organization;

(2) If the current officer address is to be changed, the street address of the current officer and the street address of the new officer address in accordance with WAC 434-166-210;

(3) If the current responsible officer is to be changed, the name of the current responsible officer and the name of the new responsible officer; and

(4) The new officer's written consent accepting the responsibility of the responsible officer.

History

Statutory Authority: RCW 19.066.050 [19.166.050]. WSR 10-04-035, § 434-166-220, filed 1/27/10, effective 2/27/10. Statutory Authority: RCW 19.166.050 and 19.166.060. WSR 92-10-023, § 434-166-220, filed 4/29/92, effective 5/30/92.

Wash. Admin. Code § 434-166-230 Resignation of responsible officer.

(1) A responsible officer may resign by signing and delivering to the secretary of state for filing a statement of resignation. The statement must also include a statement that the responsible officer address is also discontinued.

(2) After filing the statement the secretary of state shall mail a copy of the filed statement and a statement of change form to the organization at its organizational address.

(3) The organization shall appoint a new responsible officer and responsible officer address within thirty days of notification.

History

Statutory Authority: RCW 19.066.050 [19.166.050]. WSR 10-04-035, § 434-166-230, filed 1/27/10, effective 2/27/10. Statutory Authority: RCW 19.166.050 and 19.166.060. WSR 92-10-023, § 434-166-230, filed 4/29/92, effective 5/30/92.

Wash. Admin. Code § 434-166-240 Duties of the responsible officer.

The officer who signs the application consenting to serve as responsible officer, shall:

(1) Accept all official communications and inquiries from the secretary on behalf of the organization.

(2) Maintain copies of all documentation, as required by WAC 434-166-200, on behalf of the organization for each individual student placed in the state of Washington.

(3) Furnish all documentation, information, reports, documents, books, files, and other records requested by the secretary on all matters relating to the students placed in Washington by the organization.

History

Statutory Authority: RCW 19.166.050 and 19.166.060. WSR 92-10-023, § 434-166-240, filed 4/29/92, effective 5/30/92.

Wash. Admin. Code § 434-166-250 Individual located in state of Washington.

(1) The organization shall maintain an in-state telephone number as required by RCW 19.166.070. This telephone number shall be registered to an individual residing in the state of Washington, which may be:

(a) An employee for the organization; or

(b) An officer for the organization; or

(2) The organization shall ensure that this individual has:

(a) A listing of all placements of students by the organization and the location of each in the state of Washington;

(b) Knowledge of emergency procedures;

(d) Knowledge and capability to assist and advise the students in their relationship with the organization[.];

(3) Each individual maintaining the in-state telephone number for the organization shall sign a written agreement with the organization, a copy of which shall be submitted to the secretary with the registration application.

Wash. Admin. Code § 434-166-260 Requirement to register.

Each organization operating in Washington is required to register with the secretary, if two or more students are placed in Washington public high schools within a five year period. Registration is due in the office of the secretary during the enrollment period of March 1st through June 15th preceding the beginning of the next school year.

The secretary shall provide, annually, a list of all international student exchange agencies registered as of June 15th to the superintendent of public instruction on or before August 5th of the same year. Subsequent lists may be provided at a later date.

History

Statutory Authority: RCW 19.066.050 [19.166.050]. WSR 10-04-035, § 434-166-260, filed 1/27/10, effective 2/27/10. Statutory Authority: RCW 19.166.030, 19.166.040 and 19.166.060. WSR 96-10-052, § 434-166-260, filed 4/29/96, effective 5/30/96. Statutory Authority: RCW 19.166.050 and 19.166.060. WSR 92-10-023, § 434-166-260, filed 4/29/92, effective 5/30/92.

Wash. Admin. Code § 434-166-270 Transaction of business or conducting affairs.

No organization that is a foreign corporation, limited partnership, or limited liability company defined in RCW 23B.01.400[(13)], 24.03.005(2), 24.06.005(2), 25.10.010(4), and 25.15.005(3) will be registered under this program unless and until the organization complies with foreign corporation, limited partnership, or limited liability company registration requirements.

Wash. Admin. Code § 434-166-280 Application for registration.

(1) Any organization meeting the requirements set forth in chapters 19.166 RCW and 434-166 WAC shall register with the secretary of state. Such registration shall be made on a form prescribed by the secretary of state and filed with the secretary's office.

(2) The applicant must also provide evidence that they have met the established standards as an international student exchange visitor placement organization, by:

(a) Submitting a copy of the U.S. Department of State's Designation Letter showing current registration; or

(b) Submitting a copy of the CSIET's Approval for Listing Letter showing current registration; or

(c) Submitting a notarized statement, on a form prescribed by the secretary of state, declaring that the organization has met all standards and obligations as required by chapters 19.166 RCW and 434-166 WAC.

(3) Registrations filed during the enrollment period specified in WAC 434-166-260 are valid until June 15th of the next year. All other registrations expire June 15th of the next enrollment period.

History

Statutory Authority: RCW 19.066.050 [19.166.050]. WSR 10-04-035, § 434-166-280, filed 1/27/10, effective 2/27/10. Statutory Authority: RCW 19.166.030, 19.166.040 and 19.166.060. WSR 96-10-052, § 434-166-280, filed 4/29/96, effective 5/30/96. Statutory Authority: RCW 19.166.050 and 19.166.060. WSR 92-10-023, § 434-166-280, filed 4/29/92, effective 5/30/92.

Wash. Admin. Code § 434-166-290 Application for renewal.

(1) Prior to the expiration of the registration period, organizations may seek renewal within the enrollment period specified in WAC 434-166-260 by completing the registration requirements as set forth in RCW 19.166.040 and WAC 434-166-280.

(2) The secretary may mail a renewal form to the responsible officer/responsible officer address within forty-five days prior to the registration expiration.

(3) Failure of the secretary to notify the organization of renewal does not relieve the organization's obligation for filing its renewal documents.

(4) Applications to renew must be filed by the due date specified by RCW 19.166.040; no extensions will be granted by the secretary.

History

Statutory Authority: RCW 19.066.050 [19.166.050]. WSR 10-04-035, § 434-166-290, filed 1/27/10, effective 2/27/10. Statutory Authority: RCW 19.166.030, 19.166.040, 19.166.050 and 19.166.060. WSR 99-16-066, § 434-166-290, filed 8/2/99, effective 9/2/99. Statutory Authority: RCW 19.166.030, 19.166.040 and 19.166.060. WSR 96-10-052, § 434-166-290, filed 4/29/96, effective 5/30/96. Statutory Authority: RCW 19.166.050 and 19.166.060. WSR 92-10-023, § 434-166-290, filed 4/29/92, effective 5/30/92.

Wash. Admin. Code § 434-166-300 Fees.

(1) Organizations required to register or renew under RCW 19.166.030 and chapter 434-166 WAC shall pay a fee of fifty dollars per application.

(2) A notification of change of information required under RCW 19.166.050 shall be accepted without fee.

History

Statutory Authority: RCW 19.066.050 [19.166.050]. WSR 10-04-035, § 434-166-300, filed 1/27/10, effective 2/27/10. Statutory Authority: RCW 19.166.050 and 19.166.060. WSR 92-10-023, § 434-166-300, filed 4/29/92, effective 5/30/92.

Wash. Admin. Code § 434-166-310 Termination.

Registrations of organizations shall be terminated when any of the following circumstances set forth occur:

(1) Voluntary termination. An organization may voluntarily terminate its registration by notifying the secretary of such intent. The organization's registration shall terminate upon such notification.

(2) Failure to apply for renewal. Failure to apply for renewal will result in the automatic termination of the organization's registration. If so terminated, the former organization must apply for a new registration.

(3) Loss of license, permit or accreditation. An organization's registration shall automatically terminate in the event that the organization fails to remain in compliance with local, state statute and regulations, federal, or professional requirements necessary to carry out the activities for which it was registered.

(4) Ownership change. An organization's registration shall automatically terminate in the event of a change of structure of the organization.

(5) Failure to notify. An organization's registration shall automatically terminate in the event the organization fails to notify the secretary within thirty days of any changes in their registration documents within thirty days, as required by RCW 19.166.040(3).

History

Statutory Authority: RCW 19.066.050 [19.166.050]. WSR 10-04-035, § 434-166-310, filed 1/27/10, effective 2/27/10. Statutory Authority: RCW 19.166.030, 19.166.040, 19.166.050 and 19.166.060. WSR 99-16-066, § 434-166-310, filed 8/2/99, effective 9/2/99. Statutory Authority: RCW 19.166.050 and 19.166.060. WSR 92-10-023, § 434-166-310, filed 4/29/92, effective 5/30/92.

Wash. Admin. Code § 434-166-320 Responsibilities of organization upon termination.

(1) The termination of the organization's registration shall not relieve the organization's obligation to all students who are in the state of Washington.

(2) The organization shall immediately cancel any student's exchange visit prior to entry to the state of Washington unless a transfer to another registered program can be obtained.

History

Statutory Authority: RCW 19.166.050 and 19.166.060. WSR 92-10-023, § 434-166-320, filed 4/29/92, effective 5/30/92.

Wash. Admin. Code § 434-166-330 Adherence to regulations.

Organizations are required to adhere to regulations set forth in chapters 19.166 RCW and 434-166 WAC.

History

Statutory Authority: RCW 19.166.050 and 19.166.060. WSR 92-10-023, § 434-166-330, filed 4/29/92, effective 5/30/92.

Wash. Admin. Code § 434-166-340 Requests by secretary of state.

Organizations shall furnish all information, reports, documents, books, files, and other records requested by the secretary on all matters related to the organization's international student exchange visitor placement programs.

History

Statutory Authority: RCW 19.166.050 and 19.166.060. WSR 92-10-023, § 434-166-340, filed 4/29/92, effective 5/30/92.

Wash. Admin. Code § 434-166-350 Inquiries and investigations.

Organizations shall cooperate fully with any inquiry or investigation that may be undertaken by the secretary.

History

Statutory Authority: RCW 19.166.050 and 19.166.060. WSR 92-10-023, § 434-166-350, filed 4/29/92, effective 5/30/92.

Chapter 434-208 Elections.

Wash. Admin. Code § 434-208-060 Electronic filings.

(1) In addition to those documents specified by RCW 29A.04.255, the secretary of state or the county auditor shall accept and file electronic transmissions of the following documents:

(a) The text of any proposed initiative, referendum, or recall measure and any accompanying documents required by law;

(b) Any minor party or independent candidate filing material for president and vice president, except nominating petitions;

(d) Voted ballots and signed ballot declarations from service or overseas voters received no later than 8:00 p.m. on election day;

(e) Resolutions from cities, towns, and other districts calling for a special election;

(f) Voter registration forms and cancellation material(s), unless the form or material(s) is illegible or the signature image is poor quality, requiring the county auditor to reject the form or material(s);

(g) Signed ballot declarations, and any accompanying materials, submitted pursuant to RCW 29A.60.165 and WAC 434-261-053; and

(h) Requests to withdraw a declaration of candidacy.

(2) If payment of a fee is required, the electronic filing is not complete until the fee is received.

(3) No initiative, nominating petition, referendum, recall, or other signature petitions may be filed electronically.

(4) County auditors must use best practices provided by the secretary of state for securely handling documents received by fax and email.

History

Statutory Authority: RCW 29A.04.611. WSR 24-12-087, § 434-208-060, filed 6/5/24, effective 7/6/24
WSR 24-03-053, § 434-208-060, filed 1/10/24, effective 2/10/24
WSR 19-05-041, § 434-208-060, filed 2/14/19, effective 3/17/19
WSR 14-06-040, § 434-208-060, filed 2/26/14, effective 3/29/14. Statutory Authority: RCW 29A.04.611, 29A.04.620, and 29A.04.630. WSR 11-24-064, § 434-208-060, filed 12/6/11, effective 1/6/12. Statutory Authority: RCW 29A.04.611, 29A.04.255. WSR 11-05-008, § 434-208-060, filed 2/3/11, effective 3/6/11. Statutory Authority: RCW 29A.04.611. WSR 08-15-052, § 434-208-060, filed 7/11/08, effective 8/11/08
WSR 06-23-094, § 434-208-060, filed 11/15/06, effective 12/16/06. Statutory Authority: RCW 29A.04.610. WSR 04-15-089, § 434-208-060, filed 7/16/04, effective 8/16/04. Statutory Authority: 2002 c 140 § 3. WSR 02-15-156, § 434-208-060, filed 7/23/02, effective 8/23/02. WSR 98-08-010, recodified as § 434-208-060, filed 3/18/98, effective 3/18/98. Statutory Authority: RCW 29.04.230. WSR 92-18-087, § 434-08-060, filed 9/2/92, effective 10/3/92.

Wash. Admin. Code § 434-208-110 References to time.

References to times of day (i.e., 8:00 p.m.) are according to Pacific Time.

History

Statutory Authority: RCW 29A.04.611, 29A.04.620, and 29A.04.630. WSR 11-24-064, § 434-208-110, filed 12/6/11, effective 1/6/12. Statutory Authority: RCW 29A.04.611. WSR 08-15-052, § 434-208-110, filed 7/11/08, effective 8/11/08.

Wash. Admin. Code § 434-208-120 Emergencies.

As chief election officer, the secretary of state shall make reasonable rules consistent with federal and state election laws to effectuate any provision of Title 29A RCW 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 election. In the event of a natural or manmade disaster or catastrophe, the secretary of state will consult with county auditors of impacted counties to determine the impact of the disaster or catastrophe on the administration of the election, and how best to mitigate that impact. The secretary of state may adopt emergency rules and procedures necessary to facilitate administration of the election in the impacted counties. The emergency rules and procedures must be limited in duration and scope to that necessary to administer the election. A natural or manmade disaster or catastrophe may include, but is not limited to, fire, flood, mudslide, landslide, tsunami, extreme snow or wind, pandemic, technological failure, or broad scale violence or terrorism.

History

Statutory Authority: RCW 29A.04.611. WSR 10-03-072, § 434-208-120, filed 1/18/10, effective 2/18/10.

Wash. Admin. Code § 434-208-130 Political parties.

(1) For purposes of RCW 42.17A.005, the secretary of state recognizes as a minor political party a political party whose nominees for president and vice president qualified to appear on the ballot in the last preceding presidential election according to the minor party nomination process provided in chapter 29A.56 RCW. A political party that qualifies as a minor political party retains such status until certification of the next presidential election. This definition is for purposes of chapter 42.17A RCW only.

(2) As allowed by WAC 434-215-012, 434-215-120, and 434-215-130, candidates for partisan office may state a preference for any political party and are not restricted to stating a preference for a political party that meets the definition of major or minor political party. A candidate's party preference does not imply that the candidate is nominated or endorsed by that party, or that the party approves of or associates with that candidate. With the exception of elections for president and vice president, a party's status as a major or minor political party, or a candidate's preference for a major or minor political party, plays no role in how candidates qualify to appear on the primary election ballot, qualify to appear on the general election ballot, or are elected to public office.

History

Statutory Authority: RCW 29A.04.611. WSR 14-06-040, § 434-208-130, filed 2/26/14, effective 3/29/14. Statutory Authority: RCW 29A.04.611, 29A.04.620, and 29A.04.630. WSR 11-24-064, § 434-208-130, filed 12/6/11, effective 1/6/12.

Wash. Admin. Code § 434-208-140 Election notices.

Election notices are governed by RCW 29A.04.220 and 29A.52.355.

(1) "Short titles for ballot measures" means the name of the jurisdiction, the measure number, and the heading or caption.

(2) The notice for elderly and disabled person required by RCW 29A.04.220 may be combined with the notice of election required by RCW 29A.52.355 in a single publication.

(3) Public meetings associated with the election include county canvassing board meetings.

History

Statutory Authority: RCW 29A.04.611. WSR 14-06-040, § 434-208-140, filed 2/26/14, effective 3/29/14. Statutory Authority: RCW 29A.04.611, 29A.04.620, and 29A.04.630. WSR 11-24-064, § 434-208-140, filed 12/6/11, effective 1/6/12.

Wash. Admin. Code § 434-208-160 Online information.

The secretary of state and each county auditor must provide information online that includes, at a minimum, how to:

(1) Register to vote using a paper or online application;

(2) Confirm a registration status;

(3) Request a ballot or replacement ballot;

(4) For service and overseas voters, receive a ballot electronically;

(5) Update a residential address or mailing address;

(6) Contact the elections office by phone, fax, email, mailing address, and physical address;

(7) Obtain information about the next election;

(8) For service or overseas voters, return a signed declaration and voted ballot electronically;

(9) Confirm that a voted ballot has been received; and

(10) Obtain election results.

History

Statutory Authority: RCW 29A.04.611. WSR 12-14-074, § 434-208-160, filed 7/2/12, effective 8/2/12.

Chapter 434-209 Citizen's commission on salaries for elected officials.

Wash. Admin. Code § 434-209-010 Statement of purpose.

The purpose of this chapter is to provide uniform procedures under RCW 43.03.305(1) for the selection and notification by the secretary of state of persons to be appointed to the Washington citizens' commission on salaries for elected officials.

History

Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. WSR 97-21-045, recodified as § 434-209-010, filed 10/13/97, effective 11/13/97. Statutory Authority: RCW 43.03.305. WSR 87-06-009 (Order 87-02), § 434-09-010, filed 2/19/87.

Wash. Admin. Code § 434-209-030 Qualification requirements.

Qualification requirements for the citizen members selected in accordance with this chapter to serve on the commission shall be as required by the state Constitution and RCW 43.03.305:

(1) Any person selected under WAC 434-209-070 to serve must be a registered voter and eligible to vote at the time of selection in the congressional district from which that person was selected;

(2) Any person selected under WAC 434-209-090 to serve must be a registered voter and eligible to vote at the time of selection;

(3) No state official, public employee or lobbyist or immediate family member of such official, public employee or lobbyist shall be eligible to serve.

History

Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. WSR 97-21-045, recodified as § 434-209-030, filed 10/13/97, effective 11/13/97. Statutory Authority: RCW 43.03.305. WSR 87-06-009 (Order 87-02), § 434-09-030, filed 2/19/87.

Wash. Admin. Code § 434-209-050 Conducting the selection of names by lot.

No later than May 20 of the year of selection, the secretary of state shall arrange for the random selection of approximately an equal number of names of registered voters from each congressional district that requires appointment of a new commissioner. The secretary of state may employ a properly programmed electronic data processing system or device to make the random selection of registered voters as required by this section.

History

Statutory Authority: RCW 43.03.305. WSR 03-23-094, § 434-209-050, filed 11/17/03, effective 12/18/03. Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. WSR 97-21-045, recodified as § 434-209-050, filed 10/13/97, effective 11/13/97. Statutory Authority: RCW 43.03.305. WSR 87-06-009 (Order 87-02), § 434-09-050, filed 2/19/87.

Wash. Admin. Code § 434-209-060 Notifying persons selected by lot.

(1) No later than May 31 of the year of selection, the secretary of state shall notify by nonforwardable 1st class mail each person selected by lot under WAC 434-209-050. The notification shall contain a response form and prestamped, self-addressed return envelope. The notification shall include the statutory qualifications for membership on the commission as specified in RCW 43.03.305 and describe the duties of the position under RCW 43.03.310. The notification shall request the person selected to confirm on the form whether or not they meet the statutory qualifications to serve on the commission and to indicate if they are willing to serve on the commission in the specified capacity. Each person shall be requested to return the form no later than June 10 of that year. Any selected person, by appropriate indication on the form, may decline to serve on the commission. The secretary of state shall take as conclusive indication that the person has declined to serve if the form is not received by the secretary of state on or before June 10 of that year. The notification shall include an appropriate notice of this deadline.

(2) The secretary of state shall compile a list by congressional district of each qualified person who has responded to the notification, confirmed that they meet the specified qualifications and are willing to serve on the commission as requested in subsection (1) of this section.

History

Statutory Authority: RCW 43.03.305. WSR 03-23-094, § 434-209-060, filed 11/17/03, effective 12/18/03. Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. WSR 97-21-045, recodified as § 434-209-060, filed 10/13/97, effective 11/13/97. Statutory Authority: RCW 43.03.305. WSR 87-06-009 (Order 87-02), § 434-09-060, filed 2/19/87.

Wash. Admin. Code § 434-209-070 Determination of commission appointees from congressional districts.

From the list prepared under WAC 434-209-060(2), the secretary of state shall conduct a separate, noncomputer selection by lot of all qualified persons responding positively to the notice in WAC 434-209-060 from each congressional district. The persons selected from each congressional district shall be listed in order of selection.

This list shall serve as the list of registered voters for the initial appointment and for filling any subsequent vacancy.

History

Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. WSR 97-21-045, recodified as § 434-209-070, filed 10/13/97, effective 11/13/97. Statutory Authority: RCW 43.03.305. WSR 87-06-009 (Order 87-02), § 434-09-070, filed 2/19/87.

Wash. Admin. Code § 434-209-080 Names of selected persons to governor.

No later than July 1 of the year of selection, the secretary of state shall forward to the governor the certified list of the names of the first registered voter selected from each congressional district under WAC 434-209-070. In the event that one of the persons certified to the governor declines appointment, the secretary of state shall forward to the governor the name of the next registered voter from the same congressional district on the list compiled under WAC 434-209-070.

History

Statutory Authority: RCW 43.03.305. WSR 03-23-094, § 434-209-080, filed 11/17/03, effective 12/18/03. Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. WSR 97-21-045, recodified as § 434-209-080, filed 10/13/97, effective 11/13/97. Statutory Authority: RCW 43.03.305. WSR 87-06-009 (Order 87-02), § 434-09-080, filed 2/19/87.

Wash. Admin. Code § 434-209-090 Vacancy on the commission.

Whenever a vacancy exists in any of the congressional districts, the governor shall notify the secretary of state of the vacancy. The secretary of state shall forward to the governor for appointment the next name on the list created in WAC 434-209-070 for that congressional district. This procedure will be repeated until this list is exhausted.

If the list from a congressional district becomes depleted, the secretary of state shall create a new list for that congressional district using the most recent voter information obtained from the county auditors. Except for the revision of timelines under this section, the process for compiling the data file of records of registered voters by congressional district, conducting the selection by lot, notifying persons selected, determining appointees, and forwarding to the governor the certified list of the name of the registered voter selected shall be substantially the same as specified in WAC 434-209-030 through 434-209-080.

History

Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. WSR 97-21-045, recodified as § 434-209-090, filed 10/13/97, effective 11/13/97. Statutory Authority: RCW 43.03.305. WSR 87-06-009 (Order 87-02), § 434-09-090, filed 2/19/87.

Chapter 434-215 Declarations of candidacy and filing procedures.

Wash. Admin. Code § 434-215-005 Filing information—Questionnaire—Compiling and dissemination.

(1) Prior to February 1, the county auditor shall send a questionnaire to the administrative authority of each local jurisdiction for which the auditor is the candidate filing officer subject to the provisions of RCW 29A.04.321 and 29A.04.330. The questionnaire must be sent during the twelve months before the local jurisdiction is scheduled to elect officers. The purpose of the questionnaire shall be to confirm information which the auditor must use to properly conduct candidate filings for each office. The questionnaire should request, at a minimum, confirmation of offices to be filled at the general election that year, the name of the incumbent, and the annual salary for the position at the time of the filing period. Responses should be received prior to March 1 of that year so that the filing information can be compiled and disseminated to the public at least two weeks prior to the candidate filing period.

(2) If a jurisdiction fails to notify the county auditor prior to the regular candidate filing period that an office is to be filled at the general election and therefore the office is not included in the regular candidate filing period, the county auditor shall:

(a) Open the position during the remainder of the regular filing period if the county auditor is notified in time to provide at least three days in the regular filing period. The county auditor must post information online and notify the press; or

(b) Open the position during a special three-day filing period and treat the election as though there is a void in candidacy per RCW 29A.24.181.

History

Statutory Authority: RCW 29A.04.611. WSR 19-12-115, § 434-215-005, filed 6/5/19, effective 7/6/19. Statutory Authority: RCW 29A.04.611, 29A.04.620, and 29A.04.630. WSR 11-24-064, § 434-215-005, filed 12/6/11, effective 1/6/12. Statutory Authority: RCW 29A.04.611, 29A.08.420, 29A.24.131, 29A.40.110, 29A.46.020, and 29A.80.041. WSR 10-14-091, § 434-215-005, filed 7/6/10, effective 8/6/10. Statutory Authority: RCW 29A.04.611. WSR 09-12-078, § 434-215-005, filed 5/29/09, effective 6/29/09. Statutory Authority: RCW 29A.04.611, 2006 c 344. WSR 07-09-035, § 434-215-005, filed 4/11/07, effective 5/12/07. Statutory Authority: RCW 29A.04.611. WSR 06-14-049, § 434-215-005, filed 6/28/06, effective 7/29/06. Statutory Authority: RCW 29A.04.610. WSR 04-15-089, § 434-215-005, filed 7/16/04, effective 8/16/04. WSR 02-09-007, recodified as § 434-215-005, filed 4/4/02, effective 4/4/02. Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. WSR 97-21-045, § 434-228-005, filed 10/13/97, effective 11/13/97.

Wash. Admin. Code § 434-215-012 Declaration of candidacy.

Declarations of candidacy filed either in person or by mail shall be in substantially the following form:

| | | --- |

The filing officer must provide a paper or electronic copy of the filed declaration of candidacy to the candidate and to the public disclosure commission.

History

Statutory Authority: RCW 29A.04.611, 29A.24.091, 29A.24.311, 29A.60.021, 29A.60.185, 29A.60.170, 29A.60.110, and 29A.60.235. WSR 19-01-102, § 434-215-012, filed 12/18/18, effective 1/18/19. Statutory Authority: RCW 29A.04.611 and 29A.04.620. WSR 16-13-063, § 434-215-012, filed 6/13/16, effective 7/14/16. Statutory Authority: RCW 29A.04.611. WSR 10-03-072, § 434-215-012, filed 1/18/10, effective 2/18/10
WSR 08-15-052, § 434-215-012, filed 7/11/08, effective 8/11/08
WSR 06-14-049, § 434-215-012, filed 6/28/06, effective 7/29/06. Statutory Authority: 2002 c 140 § 3. WSR 02-15-156, § 434-215-012, filed 7/23/02, effective 8/23/02. WSR 02-09-007, recodified as § 434-215-012, filed 4/4/02, effective 4/4/02. Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. WSR 97-21-045, recodified as § 434-228-012, filed 10/13/97, effective 11/13/97. Statutory Authority: 1990 c 59. WSR 92-12-083, § 434-28-012, filed 6/2/92, effective 7/3/92. Statutory Authority: RCW 29.04.080. WSR 84-15-050 (Order 84-2), § 434-28-012, filed 7/16/84
WSR 80-05-014 (Order 80-1), § 434-28-012, filed 4/8/80.

Wash. Admin. Code § 434-215-015 Write-in declaration of candidacy.

Declarations of candidacy filed either in person or by mail shall be in substantially the following form:

| | | --- |

History

Statutory Authority: RCW 29A.04.611, 29A.24.091, 29A.24.311, 29A.60.021, 29A.60.185, 29A.60.170, 29A.60.110, and 29A.60.235. WSR 19-01-102, § 434-215-015, filed 12/18/18, effective 1/18/19. Statutory Authority: RCW 29A.04.611 and 29A.04.620. WSR 16-13-063, § 434-215-015, filed 6/13/16, effective 7/14/16.

Wash. Admin. Code § 434-215-021 Declaration of candidacy—Precinct committee officer.

Declarations of candidacy for the office of precinct committee officer shall be in substantially the following form:

| | | --- |

History

Statutory Authority: RCW 29A.04.611. WSR 14-06-040, § 434-215-021, filed 2/26/14, effective 3/29/14
WSR 12-14-074, § 434-215-021, filed 7/2/12, effective 8/2/12.

Wash. Admin. Code § 434-215-024 Insufficient payment of a filing fee.

If, after the last day to withdraw, a county auditor learns that a candidate provided insufficient funds for a filing fee, the county auditor must recoup that cost through other allowable means.

History

Statutory Authority: RCW 29A.04.611, 29A.04.255. WSR 11-05-008, § 434-215-024, filed 2/3/11, effective 3/6/11.

Wash. Admin. Code § 434-215-025 Filing fee petitions.

(1) When a candidate submits a filing fee petition in lieu of his or her filing fee, as authorized by RCW 29A.24.091, voters eligible to vote on the office in the general election are eligible to sign the candidate's filing fee petition.

(2) A candidate submitting a filing fee petition in the place of a filing fee may not file the declaration of candidacy electronically.

(3) A candidate submitting a filing fee petition must submit all signatures when filing the declaration of candidacy. The candidate cannot supplement the signatures at a later date.

(4) The filing officer shall verify the candidate has submitted sufficient number of valid signatures equal to the filing fee. The first valid signature of a voter counts toward the number of signatures required. Duplicate signatures are invalid.

History

Statutory Authority: RCW 29A.04.611, 29A.24.091, 29A.24.311, 29A.60.021, 29A.60.185, 29A.60.170, 29A.60.110, and 29A.60.235. WSR 19-01-102, § 434-215-025, filed 12/18/18, effective 1/18/19. Statutory Authority: RCW 29A.04.611. WSR 14-06-040, § 434-215-025, filed 2/26/14, effective 3/29/14. Statutory Authority: RCW 29A.04.611, 29A.04.255. WSR 11-05-008, § 434-215-025, filed 2/3/11, effective 3/6/11. Statutory Authority: RCW 29A.04.611. WSR 10-03-072, § 434-215-025, filed 1/18/10, effective 2/18/10
WSR 08-15-052, § 434-215-025, filed 7/11/08, effective 8/11/08
WSR 07-09-036, § 434-215-025, filed 4/11/07, effective 5/12/07.

Wash. Admin. Code § 434-215-040 Online filing—Contingency plan.

In the event of an internet outage or disruption to the office of the secretary of state's online candidate filing system, declarations of candidacy and filing fees for offices that file with the secretary of state may be received in person by any county auditor during the last two hours of the filing period. All information listed on the declaration of candidacy for these offices must be transmitted to the secretary of state as soon as practicable after the filing was accepted.

History

Statutory Authority: RCW 29A.04.611. WSR 24-03-053, § 434-215-040, filed 1/10/24, effective 2/10/24. Statutory Authority: RCW 29A.04.611, 29A.04.620, and 29A.04.630. WSR 11-24-064, § 434-215-040, filed 12/6/11, effective 1/6/12. Statutory Authority: RCW 29A.04.611. WSR 09-18-098, § 434-215-040, filed 9/1/09, effective 10/2/09.

Wash. Admin. Code § 434-215-050 Use of title, rank, or symbols prohibited.

No person when filing for office shall be permitted to use any title, rank, or symbol instead of, or in conjunction with, his or her name including, but not limited to, Mr., Mrs., Dr., Ph.D., J.D., Gen., except as may be provided by law or administrative rule.

History

Statutory Authority: RCW 29A.04.611. WSR 17-12-090, § 434-215-050, filed 6/6/17, effective 7/7/17
WSR 06-23-094, § 434-215-050, filed 11/15/06, effective 12/16/06. WSR 02-09-007, recodified as § 434-215-050, filed 4/4/02, effective 4/4/02. Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. WSR 97-21-045, recodified as § 434-228-050, filed 10/13/97, effective 11/13/97. Statutory Authority: 1990 c 59. WSR 92-12-083, § 434-28-050, filed 6/2/92, effective 7/3/92.

Wash. Admin. Code § 434-215-060 Duplication of names.

Whenever, in the judgment of the filing officer, two or more candidates have filed for the same office whose names are so similar as to be confusing to voters, he or she shall differentiate between the candidates by the inclusion of additional information in connection with the name as it appears on the ballot. Such differentiation may be made by the inclusion of the candidate's occupation, status as incumbent or challenger, or by any other means which, in the judgment of the filing officer, fairly and impartially distinguishes the candidates. The filing officer may solicit suggestions and input from the candidates involved in order to resolve the situation.

History

WSR 02-09-007, recodified as § 434-215-060, filed 4/4/02, effective 4/4/02. Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. WSR 97-21-045, recodified as § 434-228-060, filed 10/13/97, effective 11/13/97. Statutory Authority: 1990 c 59. WSR 92-12-083, § 434-28-060, filed 6/2/92, effective 7/3/92.

Wash. Admin. Code § 434-215-065 Withdrawal of candidacy.

Consistent with RCW 29A.24.131, a candidate may withdraw their declaration of candidacy at any time before 5:00 p.m. on the Monday following the last day for candidates to file. The candidate must file a signed request that their name not be printed on the ballot. This request to withdraw must be filed with the officer who accepted the declaration of candidacy. A request to withdraw may be filed electronically. Once filed, the withdrawal cannot be revoked. There shall be no withdrawal period for declarations of candidacy filed during special filing periods.

History

Statutory Authority: RCW 29A.04.611. WSR 24-03-053, § 434-215-065, filed 1/10/24, effective 2/10/24
WSR 17-12-090, § 434-215-065, filed 6/6/17, effective 7/7/17. Statutory Authority: RCW 29A.04.611, 29A.04.620, and 29A.04.630. WSR 11-24-064, § 434-215-065, filed 12/6/11, effective 1/6/12. Statutory Authority: RCW 29A.04.611, 29A.04.255. WSR 11-05-008, § 434-215-065, filed 2/3/11, effective 3/6/11. Statutory Authority: RCW 29A.04.611, 29A.08.420, 29A.24.131, 29A.40.110, 29A.46.020, and 29A.80.041. WSR 10-14-091, § 434-215-065, filed 7/6/10, effective 8/6/10. Statutory Authority: RCW 29A.04.611, 29A.04.530. WSR 06-02-028, § 434-215-065, filed 12/28/05, effective 1/28/06.

Wash. Admin. Code § 434-215-070 Electronic filing—Requirements.

An electronic system to file declarations of candidacy shall be an online system accessible to candidates on the world wide web that is capable of:

(1) Recording each candidate's name, date of birth, voter registration address, mailing address, phone number, email address, and political party preference for partisan offices, and the office and position number for which each candidate is filing;

(2) Verifying the candidate's voter registration status, and that the voter registration address is within the jurisdiction of the office for which the candidate is filing;

(3) Accepting electronic transfer of funds for the payment of filing fees;

(4) Informing, and requiring each candidate to acknowledge, that submission of the form constitutes agreement that the information provided with the filing is true, that he or she will support the Constitution and laws of the United States and the state of Washington, and that he or she agrees to electronic payment of any filing fees; and

(5) Allowing the filing officer to verify each filing before it is made public.

History

Statutory Authority: RCW 29A.04.611. WSR 10-03-072, § 434-215-070, filed 1/18/10, effective 2/18/10
WSR 05-17-145, § 434-215-070, filed 8/19/05, effective 9/19/05. Statutory Authority: 2002 c 140 § 3. WSR 02-15-156, § 434-215-070, filed 7/23/02, effective 8/23/02.

Wash. Admin. Code § 434-215-110 Electronic filing—Interlocal agreements.

The secretary of state may enter into interlocal agreements with county auditors to provide services to allow county auditors to accept electronic filings. Nothing in an agreement shall contravene RCW 29A.24.070, determining where candidates file for office.

History

Statutory Authority: RCW 29A.04.611. WSR 05-17-145, § 434-215-110, filed 8/19/05, effective 9/19/05. Statutory Authority: 2002 c 140 § 3. WSR 02-15-156, § 434-215-110, filed 7/23/02, effective 8/23/02.

Wash. Admin. Code § 434-215-120 Political party preference by candidate for partisan office.

(1) On a declaration of candidacy, a candidate for partisan congressional, state, or county office may state his or her preference for a political party, or not state a preference. The candidate may use up to eighteen characters for the name of the political party. A candidate's party preference, or the fact that the candidate states no preference, must be printed with the candidate's name on the ballot and in any voters' pamphlets printed by the office of the secretary of state or a county auditor's office.

(2) If a candidate does not indicate a party that he or she prefers, then the candidate has stated no party preference and is listed as such on the ballot and in any voters' pamphlets.

(3) The filing officer may not print on the ballots, in a voters' pamphlet, or other election materials a political party name that is obscene. If the name of the political party provided by the candidate would be considered obscene, the filing officer may petition the superior court pursuant to RCW 29A.68.011 for a judicial determination that the party name be edited to remove the obscenity, or rejected and replaced with "states no party preference."

(4) A candidate's preference may not imply that the candidate is nominated or endorsed by the party, or that the party approves of or associates with that candidate. If the name of the political party provided by the candidate implies that the candidate is nominated or endorsed by a political party, or that a political party approves of or associates with that candidate, the filing officer may petition the superior court pursuant to RCW 29A.68.011 for a judicial determination that the party name be edited, or rejected and replaced with "states no party preference."

History

Statutory Authority: RCW 29A.04.611, 29A.24.091, 29A.24.311, 29A.60.021, 29A.60.185, 29A.60.170, 29A.60.110, and 29A.60.235. WSR 19-01-102, § 434-215-120, filed 12/18/18, effective 1/18/19. Statutory Authority: RCW 29A.04.611. WSR 08-15-052, § 434-215-120, filed 7/11/08, effective 8/11/08.

Wash. Admin. Code § 434-215-130 Minor political party candidates and independent candidates.

(1) In the election system enacted as chapter 2, Laws of 2005, there is no distinction between major party candidates, minor party candidates, or independent candidates filing for partisan congressional, state, or county office. All candidates filing for these partisan offices have the same filing and qualifying requirements. All candidates for partisan office have the option of stating on the ballot their preference for a political party, or stating no party preference. The party preference information plays no role in determining how candidates are elected to public office.

(2) If two or more certificates of nomination are filed purporting to nominate the same candidates for president and vice president by two different minor political parties, or both by a party and as an independent candidate, the first valid certificate of nomination filed with the secretary of state shall be accepted and subsequent certificates must be rejected.

History

Statutory Authority: RCW 29A.04.611. WSR 14-06-040, § 434-215-130, filed 2/26/14, effective 3/29/14
WSR 12-14-074, § 434-215-130, filed 7/2/12, effective 8/2/12
WSR 08-15-052, § 434-215-130, filed 7/11/08, effective 8/11/08.

Wash. Admin. Code § 434-215-165 Presidential nominations by major political parties.

Nominations for president and vice president by major political parties are conducted at each party's national convention. Immediately following the convention, each party must submit a certificate of nomination and list of electors to the secretary of state in order to place the nominees on the presidential general election ballot.

History

Statutory Authority: RCW 29A.04.611, 29A.04.620, and 29A.04.630. WSR 11-24-064, § 434-215-165, filed 12/6/11, effective 1/6/12.

Wash. Admin. Code § 434-215-170 Filing qualifications.

When state law requires a candidate to possess all qualifications of the office at the time of candidate filing, a candidate must satisfy this requirement at the time of candidate filing; a candidate cannot rely on possessing the qualifications at a later time, such as election day or the beginning of the term of office.

History

Statutory Authority: RCW 29A.04.611. WSR 10-03-072, § 434-215-170, filed 1/18/10, effective 2/18/10.

Wash. Admin. Code § 434-215-180 Write-in candidates.

A candidate desiring to file as a write-in candidate must file the write-in declaration of candidacy no later than 8:00 p.m. on election day. If a write-in declaration of candidacy is filed with the filing officer after the close of the regular candidate filing period per RCW 29A.24.050 and more than 18 days before a primary or election, no filing fee is required.

Candidates filing a write-in declaration of candidacy on or after the 18th day before a primary or election must pay a filing fee at the time of filing the declaration. Offices with a fixed annual salary of more than $1,000 must pay a filing fee equal to one percent of the annual salary at the time of the regular filing period as per RCW 29A.24.091. For all other offices, a filing fee of $25 is required.

History

Statutory Authority: RCW 29A.04.611. WSR 23-15-018, § 434-215-180, filed 7/7/23, effective 8/7/23. Statutory Authority: RCW 29A.04.611, 29A.24.091, 29A.24.311, 29A.60.021, 29A.60.185, 29A.60.170, 29A.60.110, and 29A.60.235. WSR 19-01-102, § 434-215-180, filed 12/18/18, effective 1/18/19. Statutory Authority: RCW 29A.04.611, 29A.04.620, and 29A.04.630. WSR 11-24-064, § 434-215-180, filed 12/6/11, effective 1/6/12.

Chapter 434-219 Presidential primary.

Wash. Admin. Code § 434-219-050 Procedures to be followed when changing primary date.

If the date of the presidential primary is changed pursuant to RCW 29A.56.020 from the second Tuesday in March to another date, the secretary of state shall promptly notify the county auditors and the chairperson of the national committee of each major political party, in writing, of that date.

History

Statutory Authority: RCW 29A.04.611. WSR 19-20-115, § 434-219-050, filed 10/2/19, effective 11/2/19
WSR 07-24-044, § 434-219-050, filed 11/30/07, effective 12/31/07. Statutory Authority: RCW 29.19.070. WSR 96-03-141, recodified as § 434-219-050, filed 1/24/96, effective 2/24/96
WSR 91-18-012, § 434-75-050, filed 8/26/91, effective 9/26/91.

Wash. Admin. Code § 434-219-120 Certification of candidates.

(1) Per RCW 29A.56.031, the party chair for each major party must provide that party's official list of candidates to the secretary of state no later than 63 days prior to the primary. This list must include the full name of each candidate, the form of the candidate's name as it will appear on the ballot and a signature of the party chair certifying the list as the official party candidates.

(2) Per RCW 29A.56.040(4) each major party may request that the ballot for that party include a response position allowing the voter to indicate the voter's preference for having delegates to the party's national convention remain uncommitted.

(3) Immediately following the receipt of each major party's official list of candidates, the secretary of state shall certify to the county auditors the final list of candidates who will appear on the presidential primary ballot and a response position for uncommitted if requested by either party.

(4) Per RCW 29A.56.031, if a major party chooses to accept votes for write-in candidates in the primary, the party chair for that major party must provide that party's official list of write-in candidates no later than the seventh day prior to the primary. This list must include the full name of each write-in candidate, and a signature of the party chair certifying the list as the official party write-in candidates.

(5) Immediately following the last day for major political parties to submit write-in candidates, the secretary of state shall certify to the county auditors the final list of official write-in candidates to be counted for each party for the presidential primary.

History

Statutory Authority: RCW 29A.04.611. WSR 23-15-018, § 434-219-120, filed 7/7/23, effective 8/7/23
WSR 19-20-115, § 434-219-120, filed 10/2/19, effective 11/2/19
WSR 15-24-001, § 434-219-120, filed 11/18/15, effective 12/19/15
WSR 07-24-044, § 434-219-120, filed 11/30/07, effective 12/31/07. Statutory Authority: RCW 29.19.070. WSR 00-03-003, § 434-219-120, filed 1/6/00, effective 2/6/00
WSR 96-03-141, recodified as § 434-219-120, filed 1/24/96, effective 2/24/96
WSR 91-18-012, § 434-75-120, filed 8/26/91, effective 9/26/91.

Wash. Admin. Code § 434-219-140 Party declarations.

(1) No later than August 15th in the calendar year preceding the year in which the presidential preference primary is to be held, the state chair of each major party shall submit in writing to the secretary of state the exact wording of any party declaration required by rules of the state or national party.

(2) The secretary of state shall certify the language of each major party's declaration to the county auditors no later than August 30th in the calendar year preceding the year in which the presidential preference primary is to be held.

History

Statutory Authority: RCW 29A.04.611. WSR 19-20-115, § 434-219-140, filed 10/2/19, effective 11/2/19
WSR 07-24-044, § 434-219-140, filed 11/30/07, effective 12/31/07. Statutory Authority: RCW 29.19.070. WSR 99-22-073, § 434-219-140, filed 11/2/99, effective 12/3/99
WSR 96-03-141, recodified as § 434-219-140, filed 1/24/96, effective 2/24/96
WSR 91-18-012, § 434-75-140, filed 8/26/91, effective 9/26/91.

Wash. Admin. Code § 434-219-155 Ballot materials.

(1) Each county shall print declarations on the return envelopes in the same format and color as prescribed by the secretary of state which must include:

(a) The standard declaration per WAC 434-230-015 printed on the return envelope along with each political party declaration.

(b) Each political party declaration printed with a checkbox for voters to indicate the party declaration to which they subscribe.

(c) One signature line to serve as both the voter's standard ballot declaration and the signature for the voter's political party declaration.

(2) In addition to ballot requirements listed in WAC 434-230-015:

(a) County auditors must issue consolidated ballots that include the political party ballots printed on one side of a single sheet of paper.

(b) Each ballot must specify the election as "Presidential Primary."

(d) A "Democratic Party" heading within or under a blue shaded bar and a "Republican Party" heading within or under a red shaded bar printed immediately above the associated list of candidates. Other major political parties included in the primary must have similar headings and color.

(e) The ballot lists of candidates for president for each political party shall be printed in the following order:

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.

(f) Candidates shall be listed in alphabetical order within each political party as certified by the secretary of state.

(g) Following each list of candidates shall be a response position for a voter to indicate a preference for delegates to the party's national convention to remain uncommitted, if inclusion of the response position is requested by that political party.

(h) Following each list of candidates and any response position for uncommitted, shall be a space for writing in the name of a candidate.

(i) Candidate names shall be printed in a type style and point size that can be read easily. If a candidate's name exceeds the space provided, the election official shall take whatever steps necessary to place the name on the ballot in a manner which is readable. These steps may include, but are not limited to, printing a smaller point size or different type style.

(3) In addition to other instructions normally provided to voters, the county auditor shall include an insert. The insert must provide specific instructions on how to mark the ballot so the ballot will be counted in accordance with the political party declaration signed on the return envelope in substantially the same format as provided by the secretary of state.

(4) Provisional, service, overseas, special absentee and electronically delivered ballots must include political party declarations. If the political party declarations are not printed on the return envelopes, both the ballot and political party declaration must be printed on separate sheets of paper. The voter must be instructed to sign and place the declaration sheet into the ballot return envelope, outside the security envelope. Signatures on both the ballot declaration and the political party declaration are required to count a ballot.

(5) The following WAC sections do not apply to presidential primaries: WAC 434-230-025, 434-230-035, 434-230-045, 434-230-055, 434-230-090, and 434-230-110.

History

Statutory Authority: RCW 29A.04.611. WSR 19-20-115, § 434-219-155, filed 10/2/19, effective 11/2/19
WSR 15-24-001, § 434-219-155, filed 11/18/15, effective 12/19/15. Statutory Authority: RCW 29A.04.611, 29A.04.620, and 29A.04.630. WSR 11-24-064, § 434-219-155, filed 12/6/11, effective 1/6/12. Statutory Authority: RCW 29A.04.611. WSR 07-24-044, § 434-219-155, filed 11/30/07, effective 12/31/07.

Wash. Admin. Code § 434-219-185 Logic and accuracy tests.

The logic and accuracy test shall be conducted pursuant to the provisions of chapter 434-335 WAC and RCW 29A.12.130.

History

Statutory Authority: RCW 29A.04.611. WSR 07-24-044, § 434-219-185, filed 11/30/07, effective 12/31/07. Statutory Authority: RCW 29.19.070. WSR 03-23-093, § 434-219-185, filed 11/17/03, effective 12/18/03
WSR 00-03-003, § 434-219-185, filed 1/6/00, effective 2/6/00.

Wash. Admin. Code § 434-219-190 Special election held in conjunction with the presidential primary.

If a presidential primary occurs on an election date described in RCW 29A.04.330, all measures or candidates for office for which the voters are eligible to vote at that special election shall be listed on the ballot in such a manner that each voter can identify and vote on those candidates or measures separately from the presidential primary candidates.

History

Statutory Authority: RCW 29A.04.611. WSR 19-20-115, § 434-219-190, filed 10/2/19, effective 11/2/19. Statutory Authority: RCW 29A.04.611, 29A.04.620, and 29A.04.630. WSR 11-24-064, § 434-219-190, filed 12/6/11, effective 1/6/12. Statutory Authority: RCW 29A.04.611. WSR 09-18-098, § 434-219-190, filed 9/1/09, effective 10/2/09
WSR 07-24-044, § 434-219-190, filed 11/30/07, effective 12/31/07. Statutory Authority: RCW 29.19.070. WSR 96-03-141, recodified as § 434-219-190, filed 1/24/96, effective 2/24/96
WSR 91-18-012, § 434-75-190, filed 8/26/91, effective 9/26/91.

Wash. Admin. Code § 434-219-200 Direct recording electronic voting devices (DRE).

Ballots cast on direct recording electronic voting devices must be verified as matching the signed political party declaration.

(1) The voter must sign a standard ballot declaration form and select one political party ballot declaration.

(2) If using DREs, the county auditor must use a method that verifies the voter only casts votes according to the political party declaration marked. DREs may be programmed as separate ballots. For consolidated ballots, the county auditor must use one of the following methods:

(a) Provide a separate DRE designated for each political party.

(i) Verify the corresponding party ballots were cast on each device.

(ii) If all ballots cast are of the corresponding political party, all ballots shall be tabulated.

(iii) If any ballots were cast of the opposite political party, those ballots shall be referred to the canvassing board for rejection. All remaining ballots of the corresponding political party shall be duplicated and tabulated; or

(b) Provide a single DRE programmed with all political party ballots.

(i) Keep signed political party declarations in order of voting.

(ii) Compare the party declaration to the corresponding party vote on the ballot. If all ballots cast are of the corresponding political party, ballots shall be tabulated.

(iii) If any ballot fails to correspond with the declared party:

(A) Separate each ballot record and place each in a security envelope.

(B) Place the associated political party declaration with the security envelope into an outer mailing envelope.

(3) The number of DRE votes must be reconciled with the number of signed declarations.

History

Statutory Authority: RCW 29A.04.611. WSR 15-24-001, § 434-219-200, filed 11/18/15, effective 12/19/15.

Wash. Admin. Code § 434-219-230 Processing of ballots.

(1) Each registered voter desiring to participate in the presidential primary of a major party that requires a declaration shall subscribe to the declaration in order for their vote to be counted.

(2) If the voter selected a political party declaration, a notation of the party selected must be made in the voter's registration file.

(3) If the voter fails to submit a marked and signed political party declaration on the return ballot envelope, the auditor shall send at least one notice by either mail or email and advise the voter of the correct procedures for completing the declaration. If a voter submits a marked and signed political party declaration by the day before the primary is certified, the voter's ballot may be counted if all other requirements are met.

| Exception: | A political party selection on a federal write-in absentee ballot form substitutes for the political party declaration. | | --- | --- |

(4) Ballots must be sorted according to major party declaration choice before removal from the return envelope. Once a ballot is removed from the return envelope and secrecy envelope, it must be inspected and processed consistent with the party declaration. Ballots that have been removed from the return and secrecy envelopes must be processed and stored by party.

(5) If the voter writes in a candidate name, the ballot should be processed in the same manner as WAC 434-262-160, however only votes for candidates contained on an official party list of write-in candidates may be counted.

History

Statutory Authority: RCW 29A.04.611. WSR 19-20-115, § 434-219-230, filed 10/2/19, effective 11/2/19
WSR 15-24-001, § 434-219-230, filed 11/18/15, effective 12/19/15. Statutory Authority: RCW 29A.04.611, 29A.04.620, and 29A.04.630. WSR 11-24-064, § 434-219-230, filed 12/6/11, effective 1/6/12. Statutory Authority: RCW 29A.04.611. WSR 07-24-044, § 434-219-230, filed 11/30/07, effective 12/31/07. Statutory Authority: RCW 29.19.070. WSR 03-23-093, § 434-219-230, filed 11/17/03, effective 12/18/03
WSR 00-03-003, § 434-219-230, filed 1/6/00, effective 2/6/00
WSR 96-03-141, recodified as § 434-219-230, filed 1/24/96, effective 2/24/96
WSR 91-18-012, § 434-75-230, filed 8/26/91, effective 9/26/91.

Wash. Admin. Code § 434-219-235 Statewide standards on what is a vote—Presidential primary.

The following standards determine the validity of political party declarations on a presidential primary return envelope and ballot. All standards listed in WAC 434-261-086 apply to ballots.

(1) In order for a ballot to be valid and included in the ballot count, the ballot must contain one marked political party declaration, if a declaration has been provided by the party, a valid voter signature, and meet other requirements in law and rule. Only a vote on the ballot within the party the voter selected shall be included in the ballot count. Ballots must be rejected by the county canvassing board for the following reasons:

(a) Political party declarations.

(i) The voter selects both political party declarations.

(ii) The voter fails to provide a marked and signed political party declaration by the day before certification of the primary.

(b) Ballots.

(i) The voter votes for a candidate on the ballot not matching the political party declaration.

(ii) The voter votes for candidates in more than one party.

(2) When the voter modifies a party name or wording of a selected political party declaration, the party checkbox is considered unmarked and the voter must be contacted per WAC 434-219-230. Such alterations may include:

(a) Modification of a party name or wording of a selected political party declaration.

(b) A strike through a party name or wording of a selected party declaration without also making another party choice.

(3) When a voter makes a correction to a political party selection, the canvassing board shall consider the voter's intent.

(a) If the voter strikes through a party name or wording of a party declaration, it is considered a correction only when the voter clearly selects another party declaration. Corrections may be resolved in the same manner as marks made on a ballot according to WAC 434-261-086 (1)(c), (d), and (e).

(b) If the voter does not mark inside a party checkbox, a mark or written instruction made outside the party checkbox may still indicate a choice when one declaration is clearly selected. Voter intent issues for marks made outside the party checkbox may be resolved in the same manner as marks made on a ballot according to WAC 434-261-086 (1)(b) and (e).

| Exception: | One mark that strikes through a party name or wording of the party declaration does not indicate a selection. | | --- | --- |

History

Statutory Authority: RCW 29A.04.611. WSR 19-20-115, § 434-219-235, filed 10/2/19, effective 11/2/19
WSR 15-24-001, § 434-219-235, filed 11/18/15, effective 12/19/15.

Wash. Admin. Code § 434-219-290 Certification of presidential primary by secretary of state.

County canvassing boards shall certify the results of the presidential primary ten days following the primary. The county auditor shall transmit the returns to the secretary of state immediately. Not later than seventeen days following the presidential primary, the secretary of state shall certify the results of the presidential primary and notify the candidates and the chairperson of the national and state committees of each major political party of the votes cast for all candidates listed on the ballot.

History

Statutory Authority: RCW 29A.04.611. WSR 19-20-115, § 434-219-290, filed 10/2/19, effective 11/2/19. Statutory Authority: RCW 29A.04.611 and 29A.04.620. WSR 16-11-038, § 434-219-290, filed 5/11/16, effective 5/11/16. Statutory Authority: RCW 29A.04.611. WSR 15-24-001, § 434-219-290, filed 11/18/15, effective 12/19/15. Statutory Authority: RCW 29A.04.611, 29A.04.620, and 29A.04.630. WSR 11-24-064, § 434-219-290, filed 12/6/11, effective 1/6/12. Statutory Authority: RCW 29A.04.611. WSR 07-24-044, § 434-219-290, filed 11/30/07, effective 12/31/07. Statutory Authority: RCW 29.19.070. WSR 03-23-093, § 434-219-290, filed 11/17/03, effective 12/18/03
WSR 00-03-003, § 434-219-290, filed 1/6/00, effective 2/6/00
WSR 96-03-141, recodified as § 434-219-290, filed 1/24/96, effective 2/24/96
WSR 91-18-012, § 434-75-290, filed 8/26/91, effective 9/26/91.

Wash. Admin. Code § 434-219-310 Mandatory statutory recount provisions do not apply.

The provisions of RCW 29A.64.021 regarding mandatory statutory recounts do not apply to a presidential primary.

History

Statutory Authority: RCW 29A.04.611. WSR 19-20-115, § 434-219-310, filed 10/2/19, effective 11/2/19
WSR 07-24-044, § 434-219-310, filed 11/30/07, effective 12/31/07. Statutory Authority: RCW 29.19.070. WSR 00-03-003, § 434-219-310, filed 1/6/00, effective 2/6/00
WSR 96-03-141, recodified as § 434-219-310, filed 1/24/96, effective 2/24/96
WSR 91-18-012, § 434-75-310, filed 8/26/91, effective 9/26/91.

Wash. Admin. Code § 434-219-320 Transmittal of political party preference data and results to the major political parties.

No later than thirty days following the presidential primary:

(1) Upon request, each county auditor shall provide to the county committee of each major political party, at actual reproduction cost, the results of the presidential primary by precinct, and the names and addresses of voters registered in the county who signed a party declaration for that party and the signature was verified.

(2) Upon request, the secretary of state shall provide to the state committees of each major political party, at actual reproduction cost, the names and addresses of all voters registered in the state who signed a party declaration for that party and the signature was verified.

History

Statutory Authority: RCW 29A.04.611, 29A.04.620, and 29A.04.630. WSR 11-24-064, § 434-219-320, filed 12/6/11, effective 1/6/12. Statutory Authority: RCW 29A.04.611. WSR 07-24-044, § 434-219-320, filed 11/30/07, effective 12/31/07. Statutory Authority: RCW 29.19.070. WSR 00-03-003, § 434-219-320, filed 1/6/00, effective 2/6/00
WSR 96-03-141, recodified as § 434-219-320, filed 1/24/96, effective 2/24/96
WSR 91-18-012, § 434-75-320, filed 8/26/91, effective 9/26/91.

Wash. Admin. Code § 434-219-330 Retention of election material.

The county auditor shall maintain all presidential primary material, including ballot request forms, ballot envelopes, and ballots, for a period of twenty-two months following the presidential primary. Sixty days following certification of the presidential primary by the secretary of state, the county auditor must remove from the voter registration files any record of party designation in the presidential primary.

History

Statutory Authority: RCW 29A.04.611, 29A.04.620, and 29A.04.630. WSR 11-24-064, § 434-219-330, filed 12/6/11, effective 1/6/12. Statutory Authority: RCW 29A.04.611. WSR 07-24-044, § 434-219-330, filed 11/30/07, effective 12/31/07. Statutory Authority: RCW 29.19.070. WSR 96-03-141, recodified as § 434-219-330, filed 1/24/96, effective 2/24/96
WSR 91-18-012, § 434-75-330, filed 8/26/91, effective 9/26/91.

Wash. Admin. Code § 434-219-340 Claims for reimbursement.

Following the presidential primary, each county auditor shall provide to the secretary of state a completed claim for reimbursement of expenses incurred by the county in conducting the primary. This cost shall be prorated with any other jurisdictions holding special elections in conjunction with the primary under RCW 29A.04.410. The procedures for allocating such costs shall be the same as those prescribed by the office of the state auditor for election cost allocations to the state, cities, towns, and special purpose districts. Claims for reimbursement and supporting documents shall be submitted to the secretary of state not later than sixty days following the certification of the presidential primary by the secretary of state.

History

Statutory Authority: RCW 29A.04.611. WSR 07-24-044, § 434-219-340, filed 11/30/07, effective 12/31/07. Statutory Authority: RCW 29.19.070. WSR 03-23-093, § 434-219-340, filed 11/17/03, effective 12/18/03
WSR 96-03-141, recodified as § 434-219-340, filed 1/24/96, effective 2/24/96
WSR 91-18-012, § 434-75-340, filed 8/26/91, effective 9/26/91.

Chapter 434-230 Ballots.

Wash. Admin. Code § 434-230-010 Sample ballots.

Sample ballots shall be available at least fifteen days prior to an election. A printed copy must be made available through the office of the county auditor. A sample ballot may be published on the county auditor's website. Sample paper ballots shall be printed in substantially the same form as official ballots. Sample ballots shall be printed in a manner that makes them easily distinguishable from the official ballot.

At any primary or election when a local voters' pamphlet is published which contains a full sample ballot, a separate sample ballot need not be produced.

Counties with populations of over five hundred thousand may produce more than one sample ballot for a primary or election, each of which lists a portion of the offices and issues to be voted on at that election. Sample ballots may be printed by region or area (e.g., legislative district, municipal, or other district boundary) of the county, provided that all offices and issues to be voted upon at the election appear on at least one of the various sample ballots. Each regional sample ballot shall contain all offices and issues to be voted upon within that region. A given office or issue may appear on more than one sample ballot, provided it is to be voted upon within that region. Sample ballots shall be made available and distributed to each voting center.

History

Statutory Authority: RCW 29A.04.611. WSR 09-12-078, § 434-230-010, filed 5/29/09, effective 6/29/09
WSR 08-15-052, § 434-230-010, filed 7/11/08, effective 8/11/08
WSR 06-14-049, § 434-230-010, filed 6/28/06, effective 7/29/06. Statutory Authority: RCW 29A.04.610. WSR 04-15-089, § 434-230-010, filed 7/16/04, effective 8/16/04. Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. WSR 97-21-045, recodified as § 434-230-010, filed 10/13/97, effective 11/13/97. Statutory Authority: RCW 29.04.080 and 29.04.210. WSR 92-10-038, § 434-30-010, filed 5/4/92, effective 6/4/92.

Wash. Admin. Code § 434-230-012 Ballot design.

(1) 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.

(2) The following standards for ballot design and layout are provided pursuant to RCW 29A.36.161:

(a) If space allows, allow the instructions to occupy their own column;

(b) Avoid the use of all capital letters. Mixed-case letters are more legible than all capital letters;

(d) Avoid using more than one font. Using multiple fonts requires the eye to stop reading and adjust. Use one font, preferably a sans-serif font such as Arial, Univers, or Verdana;

(e) Use color and shading consistently, such as to differentiate instructions from ballot section dividers and contest information;

(f) If space allows, use a 12-point type size. Do not use a type size lower than 8-point; and

(g) Maintain consistent font and type size throughout the ballot. For example, do not adjust type size for one race. Type size should be adjusted throughout all comparable areas of the ballot or, at a minimum, by page.

(3) The secretary of state shall publish and distribute an illustrated version of best practices for ballot design and layout.

History

Statutory Authority: RCW 29A.04.611, 29A.04.255. WSR 11-05-008, § 434-230-012, filed 2/3/11, effective 3/6/11.

Wash. Admin. Code § 434-230-015 Ballots and instructions.

(1) Each ballot shall specify the county, the date of the election, and whether the election is a primary, special or general.

(2) Each ballot must include instructions directing the voter how to mark the ballot, including write-in votes if candidate races appear on the ballot.

(3) Instructions that accompany a ballot must:

(a) Instruct the voter how to cancel a vote by drawing a line through the text of the candidate's name or ballot measure response;

(b) Notify the voter that, unless specifically allowed by law, more than one vote for an office or ballot measure will be an overvote and no votes for that office or ballot measure will be counted;

"I do solemnly swear or affirm under penalty of perjury that I am:

A United States citizen;

A Washington state resident;

At least 18 years old on election day, or 17 years old at the primary and 18 years old by the day of the November general election;

Voting only once in this election and not voting in any other United States jurisdiction;

Not serving a sentence of total confinement under the jurisdiction of the Department of Corrections for a Washington felony conviction or currently incarcerated for a federal or out-of-state felony conviction;

Not disqualified from voting due to a court order;

Aware it is illegal to forge a signature or cast another person's ballot and that attempting to vote when not qualified, attempting to vote more than once, or falsely signing this declaration is a felony punishable by a maximum imprisonment of five years, a maximum fine of $10,000, or both; and

Aware that the signature on this declaration will be compared to the signature(s) in the voter's registration file."

The declaration must include space for the voter to sign and date the declaration, for the voter to write their phone number, and for two witnesses to sign if the voter is unable to sign.

(d) Explain how the voter may make a mark, witnessed by two other people, if the voter is unable to write their signature;

(e) Explain that a power of attorney cannot be used to sign a ballot for someone else;

(f) Explain how to place the ballot in the security envelope/sleeve and place the security envelope/sleeve in the return envelope;

(g) Explain how to obtain a replacement ballot if the original ballot is destroyed, spoiled, or lost;

(h) Explain how the voter may update their address;

(i) If applicable, include language with the reissued ballot notifying the voter that the reissued ballot is their current ballot;

(j) Explain that, in order for the ballot to be counted, it must be either postmarked no later than election day or deposited at a ballot drop box no later than 8:00 p.m. election day;

(k) Explain how to learn about the locations, hours, and services of voting centers and ballot drop boxes, including the availability of accessible voting equipment;

(l) Include, for a primary election that includes a partisan office other than a presidential primary race, a notice on an insert explaining:

"In each race, you may vote for any one candidate listed. The two candidates who receive the most votes in the primary will advance to the general election.

Each candidate for partisan office may state a political party that the candidate prefers. A candidate's preference does not imply that the candidate is nominated or endorsed by the party, or that the party approves of or associates with that candidate."

(m)(i) Include, for a general election that includes a partisan office, the following explanation:

"If a primary election was held for an office, the two candidates who received the most votes in the primary advanced to the general election.

(ii) In a year that president and vice president appear on the general election ballot, the following must be added to the statement required by (m)(i) of this subsection:

"The election for president and vice president is different. Candidates for president and vice president are the official nominees of their political party."

(4) Instructions that accompany a special absentee ballot authorized by RCW 29A.40.050 must also explain that the voter may request and subsequently vote a regular ballot, and that if the regular ballot is received by the county auditor, the regular ballot will be tabulated and the special absentee ballot will be voided.

(5) Each ballot must explain, either in the general instructions or in the heading of each race, the number of candidates for whom the voter may vote (e.g., "vote for one").

(6)(a) If the ballot includes a partisan office other than a presidential primary race, the ballot must include the following notice in bold print immediately above the first partisan congressional, state, or county office: "READ: Each candidate for partisan office may state a political party that the candidate prefers. A candidate's preference does not imply that the candidate is nominated or endorsed by the party, or that the party approves of or associates with that candidate."

(b) When the race for president and vice president appears on a general election ballot, instead of the notice required by (a) of this subsection, the ballot must include the following notice in bold print after president and vice president but immediately above the first partisan congressional, state, or county office: "READ: Each candidate for president and vice president is the official nominee of a political party. For other partisan offices, each candidate may state a political party that the candidate prefers. A candidate's preference does not imply that the candidate is nominated or endorsed by the party, or that the party approves of or associates with that candidate."

(7) County auditors may use varying sizes and colors of ballots, provided such size and color is used consistently throughout a region, area or jurisdiction (e.g., legislative district, commissioner district, school district, etc.). Varying color and size may also be used to designate various types of ballots.

(8) Ballots shall be formatted as provided in RCW 29A.36.161 and 29A.36.170.

(9) Removable stubs are not considered part of the ballot.

(10) If ballots are printed with sequential numbers or other sequential identifiers, the county auditor must take steps to prevent ballots from being issued sequentially, in order to protect secrecy of the ballot.

County auditors may use ballot envelopes with the previous declaration through May 2025.

History

Statutory Authority: RCW 29A.04.611. WSR 25-01-018, s 434-230-015, filed 12/6/24, effective 1/6/25
WSR 21-21-001, § 434-230-015, filed 10/6/21, effective 11/6/21
WSR 19-12-115, § 434-230-015, filed 6/5/19, effective 7/6/19
WSR 18-24-007, § 434-230-015, filed 11/26/18, effective 12/27/18
WSR 18-10-003, § 434-230-015, filed 4/19/18, effective 5/20/18
WSR 17-12-090, § 434-230-015, filed 6/6/17, effective 7/7/17
WSR 15-24-001, § 434-230-015, filed 11/18/15, effective 12/19/15
WSR 14-06-040, § 434-230-015, filed 2/26/14, effective 3/29/14. Statutory Authority: RCW 29A.04.611, 29A.04.620, and 29A.04.630. WSR 11-24-064, § 434-230-015, filed 12/6/11, effective 1/6/12. Statutory Authority: RCW 29A.04.611. WSR 09-18-098, § 434-230-015, filed 9/1/09, effective 10/2/09
WSR 08-15-052, § 434-230-015, filed 7/11/08, effective 8/11/08.

Wash. Admin. Code § 434-230-025 Order of offices.

Measures and offices must be listed in the following order, to the extent that they appear on a primary or election ballot:

(1) Initiatives to the people;

(2) Referendum measures;

(3) Referendum bills;

(4) Initiatives to the legislature and any alternate proposals;

(5) Proposed constitutional amendments (senate joint resolutions, then house joint resolutions);

(6) Countywide ballot measures;

(7) President and vice president of the United States;

(8) United States senator;

(9) United States representative;

(10) Governor;

(11) Lieutenant governor;

(12) Secretary of state;

(13) State treasurer;

(14) State auditor;

(15) Attorney general;

(16) Commissioner of public lands;

(17) Superintendent of public instruction;

(18) Insurance commissioner;

(19) State senator;

(20) State representative;

(21) County officers;

(22) Justices of the supreme court;

(23) Judges of the court of appeals;

(24) Judges of the superior court; and

(25) Judges of the district court.

For all other jurisdictions, the offices in each jurisdiction shall be grouped together and listed by position number according to county auditor procedures.

History

Statutory Authority: RCW 29A.04.611. WSR 24-03-053, § 434-230-025, filed 1/10/24, effective 2/10/24
WSR 17-12-090, § 434-230-025, filed 6/6/17, effective 7/7/17
WSR 14-06-040, § 434-230-025, filed 2/26/14, effective 3/29/14
WSR 08-15-052, § 434-230-025, filed 7/11/08, effective 8/11/08.

Wash. Admin. Code § 434-230-030 Placement of ballot measures for local units of government.

All county-wide ballot measures shall be listed immediately following state ballot measures. In the absence of state ballot measures, county-wide ballot measures shall appear first where state ballot measures would appear. For other local ballot measures and offices, each county shall establish written procedures to determine the order in which local units of government are to be listed on the ballot. Such order of local governmental units shall be substantially consistent on all ballots. The order may be determined by, but is not limited to the following: Size of jurisdictional area, alphabetical order by jurisdictional area, or such order as to provide for efficient use of ballot spacing and voting positions. Such procedures are to provide consistency from election to election within a county.

Except for county-wide ballot measures, local ballot measures and offices, if any, may be positioned in the area dedicated for that jurisdiction; or, local ballot measures may be grouped in a separate area dedicated to special measures only. This may be an area on the ballot separate from the candidates of such local government unit.

History

Statutory Authority: RCW 29A.04.611, 29A.04.620, and 29A.04.630. WSR 11-24-064, § 434-230-030, filed 12/6/11, effective 1/6/12. Statutory Authority: RCW 29A.04.611. WSR 06-14-049, § 434-230-030, filed 6/28/06, effective 7/29/06. Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. WSR 98-03-033, § 434-230-030, filed 1/13/98, effective 2/13/98
WSR 97-21-045, recodified as § 434-230-030, filed 10/13/97, effective 11/13/97. Statutory Authority: RCW 29.04.080 and 29.04.210. WSR 92-10-038, § 434-30-030, filed 5/4/92, effective 6/4/92.

Wash. Admin. Code § 434-230-035 Office format.

(1) The name of each office must be printed on the ballot.

(2) The description "partisan office" must be printed either for each partisan office or as a heading above a group of partisan offices. The description "nonpartisan office" must be printed either for each office or as a heading above a group of nonpartisan offices.

(3) If the term of office is not a full term, a description of the term (e.g., short/full term, two-year unexpired term) must be printed with the office name.

(4) Following each list of candidates shall be a response position and a space for writing in the name of a candidate.

(5) Each office or position must be separated by a bold line.

(6) On a general election ballot in a year that president and vice president are elected, each political party's candidates for president and vice president shall be provided one vote response position for that party.

History

Statutory Authority: RCW 29A.04.611. WSR 08-15-052, § 434-230-035, filed 7/11/08, effective 8/11/08.

Wash. Admin. Code § 434-230-045 Candidate format.

(1) For each office or position, the names of all candidates shall be listed together. If the office is on the primary election ballot, no candidates skip the primary and advance directly to the general election.

(2)(a) On the primary election ballot, candidates shall be listed in the order determined by lot.

(b) On the general election ballot, the candidate who received the highest number of votes in the primary shall be listed first, and the candidate who received the second highest number of votes in the primary shall be listed second. If the two candidates who received the most votes in the primary received exactly the same number of votes, the order in which their names are listed on the general election ballot shall be determined by lot.

(c) The political party that each candidate prefers is irrelevant to the order in which the candidates appear on the ballot.

(3) Candidate names shall be printed in a type style and point size that can be read easily. If a candidate's name exceeds the space provided, the election official shall take whatever steps necessary to place the name on the ballot in a manner which is readable. These steps may include, but are not limited to, printing a smaller point size or different type style.

(4) For partisan office:

(a) If the candidate stated his or her preference for a political party on the declaration of candidacy, that preference shall be printed below or to the right of the candidate's name, with parentheses and the first letter of each word or abbreviation capitalized. Acronyms shall be printed in all capital letters with or without periods. For example:

John Smith

(Prefers Example Party)

John Smith (Prefers ABC Party)

(b) If the candidate did not state his or her preference for a political party, that information shall be printed below or to the right of the candidate's name, with parentheses and the first letter of each word capitalized, as shown in the following example:

John Smith

(States No Party Preference)

(d) The same party preference information shall be printed on both primary and general election ballots.

(5) If the office is nonpartisan, only the candidate's name shall appear. Neither "nonpartisan" nor "NP" shall be printed with each candidate's name.

(6) The law does not allow nominations or endorsements by interest groups, political action committees, political parties, labor unions, editorial boards, or other private organizations to be printed on the ballot.

History

Statutory Authority: RCW 29A.04.611, 29A.24.091, 29A.24.311, 29A.60.021, 29A.60.185, 29A.60.170, 29A.60.110, and 29A.60.235. WSR 19-01-102, § 434-230-045, filed 12/18/18, effective 1/18/19. Statutory Authority: RCW 29A.04.611. WSR 17-12-090, § 434-230-045, filed 6/6/17, effective 7/7/17
WSR 14-06-040, § 434-230-045, filed 2/26/14, effective 3/29/14
WSR 08-15-052, § 434-230-045, filed 7/11/08, effective 8/11/08.

Wash. Admin. Code § 434-230-055 Partisan primary.

In a primary for partisan congressional, state or county office conducted pursuant to chapter 2, Laws of 2005 (Initiative 872):

(1) Voters are not required to affiliate with a political party in order to vote in the primary election. For each office, voters may vote for any candidate in the race.

(2) Candidates are not required to obtain the approval of a political party in order to file a declaration of candidacy and appear on the primary or general election ballot as a candidate for partisan office. Each candidate for partisan office may state a political party that he or she prefers. A candidate's preference does not imply that the candidate is nominated or endorsed by the party, or that the party approves of or associates with that candidate. A candidate's political party preference is not used to determine which candidates advance to the general election.

(3) Based on the results of the primary, the two candidates for each office who receive the most votes and who receive at least one percent of the total votes cast for that office advance to the general election. The primary election does not serve to nominate any political party's candidates, but serves to winnow the number of candidates down to a final list of two for the general election. Voters in the primary are casting votes for candidates, not choosing a political party's nominees.

(4) Chapter 2, Laws of 2005 (Initiative 872) repealed the prior law governing party nominations. Political parties may nominate candidates by whatever mechanism they choose. The primary election plays no role in political party nominations, and political party nominations are not displayed on the ballot.

History

Statutory Authority: RCW 29A.04.611. WSR 14-06-040, § 434-230-055, filed 2/26/14, effective 3/29/14
WSR 08-15-052, § 434-230-055, filed 7/11/08, effective 8/11/08.

Wash. Admin. Code § 434-230-090 Determining nominees for multiple positions.

If there are two or more places to be filled for a nonpartisan office, the number of candidates equaling the number of positions to be filled who receive the highest number of votes at the primary and an equal number who receive the next highest number of votes shall appear under the designation for that office.

History

Statutory Authority: RCW 29A.04.611, 29A.04.620, and 29A.04.630. WSR 11-24-064, § 434-230-090, filed 12/6/11, effective 1/6/12. Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. WSR 97-21-045, recodified as § 434-230-090, filed 10/13/97, effective 11/13/97. Statutory Authority: RCW 29.04.080 and 29.04.210. WSR 92-10-038, § 434-30-090, filed 5/4/92, effective 6/4/92.

Wash. Admin. Code § 434-230-100 Political party precinct committee officer.

(1) The election of major political party precinct committee officers is established in RCW 29A.52.171 and 29A.80.051.

(2) The election of precinct committee officer is an intraparty election; candidates compete against other candidates in the same political party.

(a) If only one candidate files for a position, that candidate is deemed elected without appearing on the ballot and the county auditor shall issue a certificate of election.

(b) If more than one candidate files for a position, the contested race must appear on the ballot at the primary and the candidate who receives the most votes is declared elected.

(c) If no candidates file during the regular filing period, the race does not appear on the ballot and the position may be filled by appointment pursuant to RCW 29A.80.031.

(d) No write-in line may be printed on the ballot for a contested race, and no write-in votes may be counted.

(3) If both major political parties have contested races on the ballot in the same precinct, the political party that received the highest number of votes from the electors of this state for the office of president at the last presidential election must appear first, with the other political party appearing second. Within each party, candidates shall be listed in the order determined by lot.

(4)(a) The position of political party precinct committee officer must appear following all measures and public offices.

(b) The following explanation must be printed before the list of candidates: "For this office only: 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."

(c)(i) If all candidates are listed under one heading, the applicable party abbreviation "Dem" or "Rep" must be printed next to each candidate's name, with the first letter of the abbreviation capitalized. For example:

John Smith Dem

Jane Doe Dem

(ii) If candidates are listed under a major political party heading, the applicable heading of either "democratic party candidates" or "republican party candidates" must be printed above each group of candidates. The first letter of each word must be capitalized.

(d) One of the following statements, as applicable, must be printed directly below each candidate's name: "I affirm I am a Democrat." or "I affirm I am a Republican."

(5) A voter may vote for only one candidate, regardless of party, for precinct committee officer. If a voter votes for more than one candidate, the votes must be treated as overvotes.

History

Statutory Authority: RCW 29A.04.611. WSR 23-15-018, § 434-230-100, filed 7/7/23, effective 8/7/23
WSR 14-06-040, § 434-230-100, filed 2/26/14, effective 3/29/14
WSR 12-14-074, § 434-230-100, filed 7/2/12, effective 8/2/12. Statutory Authority: RCW 29A.04.611, 29A.04.620, and 29A.04.630. WSR 11-24-064, § 434-230-100, filed 12/6/11, effective 1/6/12. Statutory Authority: RCW 29A.04.611. WSR 08-15-052, § 434-230-100, filed 7/11/08, effective 8/11/08.

Wash. Admin. Code § 434-230-110 President and vice president of the United States.

(1) When the race for president and vice president appears on a general election ballot, the candidates for these offices must be paired together.

(2) The full name of the political party, rather than an abbreviation, must be provided for each pair of candidates, with a designation that these candidates are the nominees of the party. The first letter of each word in the political party name must be capitalized. For example:

Example Party Nominees

(3) If candidates are not nominees of a political party and are running as independent candidates, that description must be provided for the pair of candidates. The first letter of each word in the description must be capitalized. For example:

Independent Candidates

(4) The order that candidates appear on the ballot is based on their political party, as established by RCW 29A.36.161. Minor party and independent candidate nominating petitions are processed in the order in which they are submitted to the office of the secretary of state.

History

Statutory Authority: RCW 29A.04.611. WSR 14-06-040, § 434-230-110, filed 2/26/14, effective 3/29/14
WSR 08-15-052, § 434-230-110, filed 7/11/08, effective 8/11/08.

Wash. Admin. Code § 434-230-130 Envelopes.

Mail-in ballots must be accompanied by the following:

(1) A security envelope or sleeve, which may not identify the voter and must have a hole punched in a manner that will reveal whether a ballot is inside;

(2) A return envelope, which must be addressed to the county auditor and have a hole punched in a manner that will reveal whether the security envelope is inside. The return envelope must display the official election materials notice required by the United States Postal Service and conform to regulations required by the county auditor's U.S. Postal Service business reply mail account.

History

Statutory Authority: RCW 29A.04.611. WSR 19-19-033, § 434-230-130, filed 9/11/19, effective 10/12/19
WSR 14-06-040, § 434-230-130, filed 2/26/14, effective 3/29/14. Statutory Authority: RCW 29A.04.611, 29A.04.620, and 29A.04.630. WSR 11-24-064, § 434-230-130, filed 12/6/11, effective 1/6/12.

Wash. Admin. Code § 434-230-135 Ballot return postage.

The secretary of state will work with each county auditor to identify the most cost effective U.S. Postal Service business reply permit type for their county. Once the appropriate business reply mail permit type is determined, each county auditor must:

(1) Establish and maintain the U.S. Postal Service business reply mail permit identified and use it exclusively for ballot return postage; and

(2) Use ballot return envelopes approved by the U.S. Postal Service for the business reply mail permit established in subsection (1) of this section.

History

Statutory Authority: RCW 29A.04.611. WSR 21-21-001, § 434-230-135, filed 10/6/21, effective 11/6/21
WSR 19-19-033, § 434-230-135, filed 9/11/19, effective 10/12/19.

Chapter 434-232 Seventeen year olds participating in the primary—Future voters.

Wash. Admin. Code § 434-232-010 Definitions.

(1) "Ballot measure" for the purposes of this chapter means any question put forth for voting that involves a yes/no or approve/disapprove response. This includes, but is not limited to, any bond election; tax levy proposition; election to form, dissolve, or annex territory into a district or municipality; charter adoption, amendment, or abandonment; initiative; referendum; advisory vote; or any issue characterized by finalization of the question.

(2) "Contests prohibited to primary-only voters" means the following contests, even when held in conjunction with a primary:

(a) Any ballot measure; or

(b) Any contest where a candidate is deemed elected following the primary including, but not limited to, candidates for precinct committee officer, freeholder, charter review, and commissioners elected to a newly formed jurisdiction.

(3) "Contests subject to participation by primary-only voters" means the following contests:

(a) Nonpartisan candidate races that contain three or more candidates, appearing on a primary ballot;

(b) Partisan candidate races, regardless of the number of candidates, appearing on a primary ballot; and

(c) The presidential primary as described in chapter 29A.56 RCW regardless of the number of presidential candidates appearing on the ballot.

(4) "Primary-only voter ballots" are ballots issued to primary-only voters that contain only contests subject to participation by primary-only voters, and do not include races or contests prohibited to primary-only voters.

(5) "Primary-only voters" means a voter who is 17 years of age on the day of the primary but will reach the age of 18 on or before the date of the following November general election. Primary-only voters are only authorized to participate in primary elections and prohibited from participating in any special or general election.

(6) "Standard primary ballots" are ballots issued to all voters who are at least 18 years of age on the date of the primary that contain all applicable issues and candidate races for that ballot style.

History

Statutory Authority: RCW 29A.04.611. WSR 22-10-041, § 434-232-010, filed 4/27/22, effective 5/28/22.

Wash. Admin. Code § 434-232-020 Primary-only voters—Future voters eligible to participate in primaries.

As authorized by RCW 29A.08.170, persons signed up to register to vote as part of the future voter program are eligible to vote in state and local primaries and presidential primaries if they are 17 years of age on the day of the primary and will be 18 years of age on or before the day of the associated subsequent November general election.

History

Statutory Authority: RCW 29A.04.611. WSR 22-10-041, § 434-232-020, filed 4/27/22, effective 5/28/22.

Wash. Admin. Code § 434-232-030 Ballots issued to primary-only voters.

The county auditor may issue standard primary ballots to primary-only voters that contain all eligible races in a state, local, or presidential primary if there are no contests prohibited to primary-only voters on the ballot. When a contest prohibited to primary-only voters is held on the date of the primary as specified in RCW 29A.04.311, county election offices must issue primary-only voter ballots to primary-only voters.

History

Statutory Authority: RCW 29A.04.611. WSR 22-10-041, § 434-232-030, filed 4/27/22, effective 5/28/22.

Wash. Admin. Code § 434-232-040 Information pertaining to primary-only voters, when disclosable.

(1) Pursuant to RCW 29A.08.720, personally identifiable information from the voter registration record is exempt from public inspection and copying until the voter is 18 years of age, or until 90 days prior to the next presidential primary, primary, or election the voter is eligible to participate in.

(2) Pursuant to RCW 29A.40.130, ballot issuance and return information for a primary-only voter, excluding the date of birth, gender, and address, is subject to public disclosure at the time of ballot issuance by the county auditor for a presidential primary or primary that the voter is eligible to participate in.

(3) Pursuant to RCW 29A.08.170, a person who signs up to register to vote must remain as a "future voter" as defined by RCW 29A.04.070 until such time as they will be eligible to vote in the next election. The voter registration information is exempt from public inspection and copying until they are 18 years of age or until 90 days prior to the next presidential primary, primary, or election the future voter is eligible to participate in.

History

Statutory Authority: RCW 29A.04.611. WSR 24-16-019, § 434-232-040, filed 7/25/24, effective 8/25/24
WSR 24-03-053, § 434-232-040, filed 1/10/24, effective 2/10/24
WSR 22-10-041, § 434-232-040, filed 4/27/22, effective 5/28/22.

Chapter 434-235 Service and overseas voters.

Wash. Admin. Code § 434-235-010 Scope.

(1) This chapter implements the Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. Sec. 20301, the Military and Overseas Voter Empowerment Act, 52 U.S.C. Sec. 20301, and the provisions for service and overseas voters in Title 29A RCW.

(2) Absent uniformed service voter is defined in 52 U.S.C. Sec. 20310(1) as:

(a) A member of a uniformed service on active duty who, by reason of such active duty, is absent from the place of residence where the member is otherwise qualified to vote;

(b) A member of the merchant marine who, by reason of service in the merchant marine, is absent from the place of residence where the member is otherwise qualified to vote; and

(c) A spouse or dependent of a member referred to in (a) or (b) of this subsection who, by reason of the active duty or service of the member, is absent from the place of residence where the spouse or dependent is otherwise qualified to vote.

(3) Service voter is defined in RCW 29A.04.163 as any elector of the state of Washington who:

(a) Is a member of the armed forces under 52 U.S.C. Sec. 20301(1) while in active service;

(b) Is a member of a reserve component of the armed forces;

(d) Is a member of the merchant marine of the United States; or

(e) Is a member of a religious group or welfare agency officially attached to and serving with the armed forces of the United States.

(4) References in Title 434 WAC to "service voter" include voters who meet either the federal definition for "uniformed service voter" or the state definition for "service voter."

(5) Overseas voter is defined in 52 U.S.C. Sec. 20310(5) as:

(a) An absent uniformed services voter who, by reason of active duty or service is absent from the United States on the date of the election involved;

(b) A person who resides outside the United States and is qualified to vote in the last place in which the person was domiciled before leaving the United States; or

(c) A person who resides outside the United States and (but for such residence) would be qualified to vote in the last place in which the person was domiciled before leaving the United States.

(6) Overseas voter is defined in RCW 29A.04.109 as any elector of the state of Washington outside the territorial limits of the United States.

History

Statutory Authority: RCW 29A.04.611. WSR 23-15-018, § 434-235-010, filed 7/7/23, effective 8/7/23. Statutory Authority: RCW 29A.04.611, 29A.04.620, and 29A.04.630. WSR 11-24-064, § 434-235-010, filed 12/6/11, effective 1/6/12. Statutory Authority: RCW 29A.04.611, 29A.04.255. WSR 11-05-008, § 434-235-010, filed 2/3/11, effective 3/6/11. Statutory Authority: RCW 29A.04.611. WSR 07-20-074, § 434-235-010, filed 10/1/07, effective 11/1/07.

Wash. Admin. Code § 434-235-020 Voter registration.

(1) A service or overseas voter may register to vote or update their voter registration record by completing and providing:

(a) A voter registration application prescribed by the state of Washington;

(b) A federal post card application prescribed by the federal voting assistance program;

(d) A national mail voter registration form prescribed by the United States election assistance commission; or

(e) A ballot with a valid signature on the ballot declaration.

(2) Pursuant to RCW 29A.40.010 and 29A.40.091, a service or overseas voter does not have to be registered to request a ballot. Consequently, a service or overseas voter who is not already registered in Washington may request a ballot and register to vote after the registration deadlines in RCW 29A.08.140.

A service or overseas voter who is already registered to vote in Washington may not update their voter registration record after the deadlines in RCW 29A.08.140.

(a) If the service or overseas voter registration applicant is not currently registered to vote, the county auditor must register the voter immediately. The voter must be designated as a service or overseas voter in the voter registration system.

(b) A service or overseas voter must use their most recent residential address in Washington or a family member's most recent residential address in Washington.

(c) If the county auditor is unable to assign the voter a precinct due to a missing or incomplete residential address on the application, the county auditor must attempt to contact the voter to clarify the application.

(i) If, in the judgment of the county auditor, there is insufficient time to correct the application before the primary or election, the county auditor must issue the ballot as if the voter had listed the county auditor's office as the residential address. A special precinct for this purpose may be created. The only offices and measures that may be tabulated are those common to the entire county and congressional races based on the precinct encompassing the county auditor's office.

(ii) After the primary or election, the county auditor must place the voter on inactive status and send the voter a confirmation notice to obtain the voter's correct residential address.

(d) A service or overseas voter who registers to vote by signing the ballot declaration is not required to provide a Washington driver's license number, the last four digits of the Social Security number, or other form of identification as required by RCW 29A.08.107.

A service or overseas voter who registers to vote any other way requires a Washington driver's license number, state identification card number, or the last four digits of the Social Security number that matches the information maintained by the Washington department of licensing or the Social Security Administration, or other form of identification as required by RCW 29A.08.107.

(3) The county auditor must offer a service or overseas voter the option of receiving blank ballots by email or postal mail. This requirement is satisfied if the service or overseas voter registers on an application that offers electronic ballot delivery as an option, or if the voter expresses a preference when registering, updating a registration, or requesting a ballot. The county auditor must attempt to contact the voter by phone, email, postal mail, or other means. If the voter does not indicate a preference or does not respond, the county auditor must send ballots by postal mail.

(4) The county auditor shall keep the voter on service or overseas status until the county auditor receives verification the voter no longer qualifies as a service or overseas voter under WAC 434-235-010.

(5) Pursuant to 52 U.S.C. § 20301 and RCW 29A.08.710, designation as a service or overseas voter is not subject to public inspection and copying.

History

Statutory Authority: RCW 29A.04.611. WSR 26-09-039, s 434-235-020, filed 4/8/26, effective 5/9/26. Statutory Authority: RCW 29A.04.611, 29A.24.091, 29A.24.311, 29A.60.021, 29A.60.185, 29A.60.170, 29A.60.110, and 29A.60.235. WSR 19-01-102, § 434-235-020, filed 12/18/18, effective 1/18/19. Statutory Authority: RCW 29A.04.611. WSR 14-06-040, § 434-235-020, filed 2/26/14, effective 3/29/14. Statutory Authority: RCW 29A.04.611, 29A.04.620, and 29A.04.630. WSR 11-24-064, § 434-235-020, filed 12/6/11, effective 1/6/12. Statutory Authority: RCW 29A.04.611, 29A.04.255. WSR 11-05-008, § 434-235-020, filed 2/3/11, effective 3/6/11. Statutory Authority: RCW 29A.04.611. WSR 09-18-098, § 434-235-020, filed 9/1/09, effective 10/2/09
WSR 07-20-074, § 434-235-020, filed 10/1/07, effective 11/1/07.

Wash. Admin. Code § 434-235-030 Voting.

(1) A service or overseas voter may request or return a ballot by:

(a) Any manner authorized by WAC 434-250-030;

(b) A federal post card application issued by the federal voting assistance program; or

(2) The county auditor must issue a ballot by mail, email, or fax if specifically requested by the voter. A ballot does not have to be mailed if it is emailed or faxed to the voter. If an email is returned as undeliverable and the voter has not provided an alternate email address, then the ballot must be sent by postal mail.

(3) Ballot materials must include the mailing address, phone number, fax number, email address, and website of the county auditor's office to enable a voter to contact the elections office for additional information about the election. Ballot materials must include instructions on how to return the ballot by fax, email, or postal mail, including how to include the ballot privacy sheet between the declaration page and the ballot. Ballot materials must include instructions on how to confirm that the voted ballot has been received by the elections office, in a format that the voter can keep after the voted ballot has been returned.

(4) If the county auditor is unable to issue a ballot due to insufficient information, the county auditor must attempt to contact the voter, consistent with WAC 434-235-020, to clarify the request. If the county auditor is unable to obtain sufficient information, other than residential address, to issue the ballot, the county auditor must attempt to notify the voter of the reason that the ballot was not issued.

(5) Pursuant to RCW 29A.40.091, return envelopes must be printed to indicate that they may be returned postage-free.

History

Statutory Authority: RCW 29A.04.611. WSR 14-06-040, § 434-235-030, filed 2/26/14, effective 3/29/14. Statutory Authority: RCW 29A.04.611, 29A.04.620, and 29A.04.630. WSR 11-24-064, § 434-235-030, filed 12/6/11, effective 1/6/12. Statutory Authority: RCW 29A.04.611, 29A.04.255. WSR 11-05-008, § 434-235-030, filed 2/3/11, effective 3/6/11. Statutory Authority: RCW 29A.04.611. WSR 09-18-098, § 434-235-030, filed 9/1/09, effective 10/2/09
WSR 07-20-074, § 434-235-030, filed 10/1/07, effective 11/1/07.

Wash. Admin. Code § 434-235-040 Processing ballots.

(1) Any abbreviation, misspelling, or other minor variation in the form of the name of a candidate or a political party shall be disregarded in determining the validity of a federal write-in absentee ballot or a special absentee ballot if the intention of the voter can be ascertained.

(2) For service and overseas voters, the date on the ballot declaration associated with the voter's signature determines the validity of the ballot. The signature on the ballot declaration must be dated no later than election day.

(3) Voted ballots returned by fax or email must be received no later than 8:00 p.m. on election day.

(4) The county auditor must provide statistics on voting by service and overseas voters in the certification report required by RCW 29A.60.235 and in response to requests by the federal election assistance commission.

History

Statutory Authority: RCW 29A.04.611. WSR 14-06-040, § 434-235-040, filed 2/26/14, effective 3/29/14. Statutory Authority: RCW 29A.04.611, 29A.04.620, and 29A.04.630. WSR 11-24-064, § 434-235-040, filed 12/6/11, effective 1/6/12. Statutory Authority: RCW 29A.04.611, 29A.04.255. WSR 11-05-008, § 434-235-040, filed 2/3/11, effective 3/6/11. Statutory Authority: RCW 29A.04.611. WSR 07-20-074, § 434-235-040, filed 10/1/07, effective 11/1/07.

Chapter 434-250 Elections by mail.

Wash. Admin. Code § 434-250-025 Broken or missing seals.

If a seal is missing or broken without authority, all subsequent steps taken must be documented and included in a report to the canvassing board.

History

Statutory Authority: RCW 29A.04.611. WSR 06-14-050, § 434-250-025, filed 6/28/06, effective 7/29/06.

Wash. Admin. Code § 434-250-030 Special absentee ballots.

(1) As authorized by RCW 29A.40.050, requests for a special absentee ballot must be made in writing and each county auditor must provide the applications. The form must include:

(a) A space for the voter to print the voter's name and address where registered to vote;

(b) A postal or mailing address;

(c) A space for an overseas or service voter not registered to vote in Washington to indicate the voter's last residential address in Washington;

(d) A checkbox indicating that the voter will be unable to vote and return a regular ballot by normal delivery within the period provided for regular ballots; and

(e) A checkbox requesting that a regular ballot be forwarded as soon as possible.

(2) The county auditor shall honor any application for a special absentee ballot that is in substantial compliance with the provisions of this section. Any application for a special absentee ballot received more than ninety days prior to a primary or general election may be either returned to the applicant with the explanation that the request is premature or held by the auditor until the appropriate time for processing. When regular mail ballots are available, a signed request for a special absentee ballot is not required.

(3) Upon receipt of a special absentee ballot request, a regular ballot is mailed if available. If regular ballots are not available, the county auditor shall immediately send a special absentee ballot containing the known offices and measures scheduled to appear on the ballot; space for the voter to write in the name of any eligible candidate for each office and vote on any measure; and a list of any known candidates and issues referred to the ballot.

(4) If a regular ballot is returned, the special ballot is not counted.

(5) Write-in votes on special ballots are counted in the same manner as other valid write-in votes for declared candidates.

History

Statutory Authority: RCW 29A.04.611. WSR 19-12-115, § 434-250-030, filed 6/5/19, effective 7/6/19. Statutory Authority: RCW 29A.04.611, 29A.24.091, 29A.24.311, 29A.60.021, 29A.60.185, 29A.60.170, 29A.60.110, and 29A.60.235. WSR 19-01-102, § 434-250-030, filed 12/18/18, effective 1/18/19. Statutory Authority: RCW 29A.04.611, 29A.04.620, and 29A.04.630. WSR 11-24-064, § 434-250-030, filed 12/6/11, effective 1/6/12. Statutory Authority: RCW 29A.04.611, 29A.04.255. WSR 11-05-008, § 434-250-030, filed 2/3/11, effective 3/6/11. Statutory Authority: RCW 29A.04.611, 29A.08.420, 29A.24.131, 29A.40.110, 29A.46.020, and 29A.80.041. WSR 10-14-091, § 434-250-030, filed 7/6/10, effective 8/6/10. Statutory Authority: RCW 29A.04.611. WSR 07-20-074, § 434-250-030, filed 10/1/07, effective 11/1/07
WSR 07-09-036, § 434-250-030, filed 4/11/07, effective 5/12/07
WSR 06-14-047, § 434-250-030, filed 6/28/06, effective 7/29/06
WSR 05-17-145, § 434-250-030, filed 8/19/05, effective 9/19/05.

Wash. Admin. Code § 434-250-035 Protected records voters.

(1) At least eighteen days before every special, primary, or general election, authorized personnel shall review all protected records voter files and forward the appropriate ballot for each protected records voter via the substitute mailing address.

(2) The ballot, ballot security envelope, and return envelope must be placed in an envelope addressed to the substitute address. The return envelope shall be marked in a manner that ensures that the returned ballot will be segregated and routed to the authorized personnel for processing.

(3) The voted ballot for a protected records voter shall be processed by county authorized personnel. The authorized personnel shall maintain a record of ballots sent to protected records voters and a record of ballots returned. This record shall be maintained in accordance with WAC 434-324-034.

History

Statutory Authority: RCW 29A.04.611, 29A.04.620, and 29A.04.630. WSR 11-24-064, § 434-250-035, filed 12/6/11, effective 1/6/12. Statutory Authority: RCW 29A.04.611. WSR 09-03-110, § 434-250-035, filed 1/21/09, effective 2/21/09.

Wash. Admin. Code § 434-250-037 Mail ballot certification.

Pursuant to RCW 29A.40.070, the county auditor shall certify to the secretary of state the date ballots were mailed:

(1) On the day of mailing or forty-five or thirty days before election day, whichever deadline is applicable, certify that ballots were sent to service and overseas voters. For elections that include a federal office, the certification must include the number of ballots mailed or issued to service and overseas voters;

(2) On the day of mailing or eighteen days before election day, certify that ballots were mailed or issued to regular voters;

(3) That ballots issued via electronic ballot delivery systems were proofed and checked for accuracy prior to the mailing deadline for service and overseas ballots; and

(4) If any ballots were not mailed or issued by the applicable deadlines, the reason for the delay and steps taken to remedy the delay.

History

Statutory Authority: RCW 29A.04.611. WSR 17-12-090, § 434-250-037, filed 6/6/17, effective 7/7/17
WSR 14-06-040, § 434-250-037, filed 2/26/14, effective 3/29/14.

Wash. Admin. Code § 434-250-045 Voters requiring verification of identity.

(1) If the voter registration record is flagged as requiring verification of identity, a notice must be sent at the time of the election explaining that a photocopy of identification must be provided in order for the ballot to be counted, and listing what forms of identification are acceptable. The county auditor may provide an inner envelope separate from the security envelope for return of the photocopy of the identification.

(2) The notice to the voter must be in substantially the following form:

| Dear Voter: | | [date] | | --- | --- | --- | | Based on your recent registration, federal law requires that you provide identification with your ballot. If you fail to provide identification, your ballot will not be counted. | | | | Please provide your driver's license number, Washington state identification card number, the last four digits of your Social Security number, or a photocopy of one of the following: | | | | • | Valid photo identification; | | | • | A valid enrollment card of a federally recognized tribe in Washington; | | | • | A current utility bill; | | | • | A current bank statement; | | | • | A current government check; | | | • | A current paycheck; or | | | • | A government document, other than a voter registration card, that shows both your name and address. | | | You may return a photocopy with your ballot but, in order to protect the secrecy of your ballot, do not place the photocopy inside the security envelope. | | | | If you do not provide a copy of your identification, your ballot will not be counted. | | | | If you have any questions, please feel free to contact the County Auditor's Office at . | | |

(3) If the voter provides one of the acceptable forms of identification no later than the day before certification of the election, the flag on the voter registration record must be removed and the ballot must be counted.

(4) If the voter fails to provide one of the acceptable forms of identification by the day prior to certification of the election, the ballot shall not be counted. If the voter provides one of the acceptable forms of identification at a later date, the ballot cast in that election shall not be counted but the flag on the voter registration record must be removed.

Reviser's note: The brackets and enclosed material in the text of the above section occurred in the copy filed by the agency.

Wash. Admin. Code § 434-250-070 Forwarding ballots.

(1) The county auditor must utilize postal service endorsements that allow ballots to be forwarded, allow the county auditor to receive the updated address information for forwarded ballots, and allow the return of ballots not capable of being forwarded. A voter may only vote a ballot specific to the address where he or she is currently registered to vote, rather than a ballot specific to a new address.

(2) If a ballot is returned or forwarded, the county auditor must, following certification of the election, either:

(a) Transfer the voter registration and send the voter an acknowledgment notice, if the updated address is within the county; or

(b) Place the voter on inactive status and send the voter a confirmation notice to all known addresses, if no updated address information was received or the updated address is outside the county.

History

Statutory Authority: RCW 29A.04.611. WSR 19-12-115, § 434-250-070, filed 6/5/19, effective 7/6/19. Statutory Authority: RCW 29A.04.611, 29A.04.620, and 29A.04.630. WSR 11-24-064, § 434-250-070, filed 12/6/11, effective 1/6/12. Statutory Authority: RCW 29A.04.611. WSR 08-05-120, § 434-250-070, filed 2/19/08, effective 3/21/08
WSR 07-20-074, § 434-250-070, filed 10/1/07, effective 11/1/07
WSR 07-12-032, § 434-250-070, filed 5/30/07, effective 6/30/07
WSR 05-17-145, § 434-250-070, filed 8/19/05, effective 9/19/05.

Wash. Admin. Code § 434-250-080 Replacement and reissued ballots.

The county auditor shall issue a replacement ballot, as authorized by RCW 29A.40.070, if the request is received prior to 8:00 p.m. on election day. Requests may be made in person, in writing, by telephone, or electronically, by the voter, a family member, or a registered domestic partner.

The request for a replacement ballot does not update the voter's ballot type or style. The replacement ballot becomes the voter's current ballot and the original ballot is suspended. However, should the original ballot be received first, it shall be processed.

The county auditor shall reissue a new ballot when the registered voter has taken action to update their voter registration and the ballot type or style has changed. After the deadline for mail and online registration, a person who is already registered to vote in Washington must request a reissued ballot in person. The reissued ballot becomes the current ballot and all other ballots are suspended.

No additional ballot may be issued to a voter whose ballot has already been accepted. If the voter asserts they have not voted and requests a ballot, then a provisional ballot must be issued pursuant to WAC 434-262-032.

Each county auditor shall allow access to an electronic ballot system to both active and inactive voters for replacement ballots no later than the eighth day prior to election day.

If a voter appears in person at a county auditor's office before 8:00 p.m. election day and requests a ballot, the county auditor must determine if the voter is registered to vote in Washington.

(1) If the voter is registered in the same county, issue a replacement or reissued ballot.

(2) If the voter is registered in another county, and the voter does not wish to update their registration, access and print a replacement ballot from that county, if the electronic ballot system is available.

(3) If the voter is not registered within the state, the county auditor shall register the voter and issue a current ballot.

The current ballot shall be accepted for initial processing if the ballot meets all requirements for tabulation. If the auditor receives additional ballots from a voter, as indicated by the fact that the voter's cast ballot has been accepted, the additional ballots shall not be counted and shall be forwarded to the county canvassing board for informational purposes only.

(4) When a voter's ballot has been accepted, additional ballots are considered invalid and shall not be rejected by the county canvassing board.

History

Statutory Authority: RCW 29A.04.611. WSR 19-12-115, § 434-250-080, filed 6/5/19, effective 7/6/19
WSR 18-10-003, § 434-250-080, filed 4/19/18, effective 5/20/18. Statutory Authority: RCW 29A.04.611, 29A.04.620, and 29A.04.630. WSR 11-24-064, § 434-250-080, filed 12/6/11, effective 1/6/12. Statutory Authority: RCW 29A.04.611. WSR 05-17-145, § 434-250-080, filed 8/19/05, effective 9/19/05.

Wash. Admin. Code § 434-250-095 Direct recording electronic voting devices.

(1) Before a direct recording electronic voting device may be used by a voter, an election officer must verify:

(a) The paper printer or paper canister is secured so that the paper record may not be removed from the device by anyone other than an election officer;

(b) Only a blank portion of the paper record is visible to the voter as he or she approaches the device; and

(c) The paper printer or paper canister is sealed with a numbered seal to ensure the paper tape cannot be removed by the voter.

(2) Before a direct recording electronic voting device may be used by a voter, an election officer must confirm that a ballot has not been accepted for that voter. Confirmation that a ballot has not already been accepted may be achieved by accessing the voter registration system by electronic, telephonic, or other means. If the county auditor is unable to confirm whether a ballot has been accepted for that voter, the voter may not vote on a direct recording electronic voting device. The voter may vote a paper provisional ballot. If a voted paper ballot is subsequently received after a ballot is cast on the direct recording electronic voting device, the paper ballot must not be counted.

(3)(a) If a ballot on a direct recording electronic device has not been cast but has been printed by the voter, the election officer may cast the ballot.

(b) If a ballot on a direct recording electronic device has not been printed nor cast by the voter, the election officer must cancel the ballot and make a corresponding notation in the accountability form.

(4) If any seal or lock on a direct recording electronic device, including seals for the paper printer or paper canister, has been broken or tampered with, the direct recording electronic device and paper printer must be removed from service for the remainder of the election. A written report regarding the circumstances of the removal from service must be sent to the county canvassing board.

(5) If the paper printer for a direct recording electronic device malfunctions or runs out of paper, the following must occur:

(a) If the election officer has confirmed that no ballots have been cast after the printer ran out of paper or malfunctioned, he or she must remove the direct recording electronic device and paper printer from service, and document the problem. The direct recording electronic device and paper printer may be returned to service only if the problem has been corrected.

(b) If the election officer is unable to confirm that no ballots were cast after the printer ran out of paper or malfunctioned, or if the problem cannot be corrected, the direct recording electronic device and paper printer must be removed from service for the remainder of the election. The auditor must present a written report regarding the circumstances of the removal from service to the county canvassing board.

(6) If an electronic ballot has been cast without a readable corresponding paper record, the county auditor may print the ballot image stored on the device for use as a paper record for that device, in the case of an audit or manual recount. This may require printing all ballot images from that machine.

(7) A provisional ballot may only be voted on a direct recording electronic voting device if the voting system has been certified by the secretary of state for provisional voting and the county auditor has submitted approved procedures to the secretary of state.

(8)(a) If a direct recording electronic voting device must be transferred from a voting center that is not in the same location as the counting center, the paper records must be either:

(i) Placed in transfer containers; or

(ii) Transferred in the paper printer or paper canister if the paper printer or paper canister is sealed so the paper record cannot be removed without breaking the seal.

(b) Paper records must be accompanied by a transmittal sheet which must include at a minimum:

(i) The voting center where the direct recording electronic device was utilized;

(ii) The seal number from the paper printer; and

(iii) The serial number or other identifier of the direct recording electronic device if distinctly unique from the seal number on the paper record printer or paper canister.

(c) If paper records are placed in a transfer container, the election officer must sign the transmittal sheet and place it in the transfer container. The number of paper record tapes included in the container must be recorded on the transmittal sheet. A unique prenumbered seal must be applied to the container.

(d) The data pack or cartridge of the direct recording device must be transported to the counting center in a sealed container.

History

Statutory Authority: RCW 29A.04.611. WSR 19-12-115, § 434-250-095, filed 6/5/19, effective 7/6/19
WSR 14-06-040, § 434-250-095, filed 2/26/14, effective 3/29/14. Statutory Authority: RCW 29A.04.611, 29A.04.620, and 29A.04.630. WSR 11-24-064, § 434-250-095, filed 12/6/11, effective 1/6/12. Statutory Authority: RCW 29A.04.611, 29A.04.530. WSR 06-02-028, § 434-250-095, filed 12/28/05, effective 1/28/06.

Wash. Admin. Code § 434-250-100 Ballot deposit sites.

If a location only receives ballots and does not issue ballots, it is considered a ballot deposit site. Ballot deposit sites may be staffed or unstaffed.

(1) A staffed ballot deposit site must be staffed by at least two people. Deposit site staff may be employees of the county auditor's office or persons appointed by the auditor. Deposit site persons, appointed by the county auditor, shall be representatives of different major political parties whenever possible. Deposit site staff or appointees shall subscribe to an oath regarding the discharge of their duties. Staffed deposit sites open on election day must be open until 8:00 p.m. Staffed deposit sites may be open according to dates and times established by the county auditor. Staffed deposit sites must have a ballot box secured in the manner described in WAC 434-261-045.

(2) Unstaffed ballot deposit sites consist of secured ballot boxes that allow return envelopes, once deposited, to only be removed by authorized staff or appointees. Ballot boxes located outdoors must be constructed of durable material able to withstand inclement weather, and be sufficiently secured to the ground or another structure to prevent their removal. Unstaffed ballot deposit sites must accept ballots beginning eighteen days prior to election day until 8:00 p.m. on election day. The county auditor must empty each ballot box with sufficient frequency to prevent damage and unauthorized access to the ballots.

(3) Unstaffed ballot boxes must be locked and sealed in the manner described in WAC 434-261-045. At exactly 8:00 p.m. on election day, all unstaffed ballot boxes must be emptied or secured to prevent the deposit of additional ballots. The box must be closed and secured by one or two people. One person may secure an unstaffed ballot box only if:

(a) The person does not have access to the deposited ballots; and

(b) Before sealing the deposit slot, the person records the seal number on a log and places the log inside the ballot box. The slot is then closed and secured with the numbered seal; and

The county auditor shall remove the deposited ballots and transport them to the counting center by either:

(i) Two employees of or two persons appointed by the county auditor; or

(ii) Secured transport carrier containing ballots removed and sealed by two employees of or two persons appointed by the county auditor. Sealed transport carriers may be delivered to the counting center by one person. Ballots shall be secured in this manner when transported by vehicle.

(4) Any voter who is in line at 8:00 p.m. at a ballot deposit site must be allowed to deposit his or her ballot.

(5) If county auditor staff are present at a ballot deposit site, the county auditor must accept late ballots and refer them to the canvassing board. When a ballot deposit site is secured by one person, a second deposit receptacle, sealed and logged in the county auditor's office, must be provided to serve as a receptacle for late ballots.

(6) Within twenty-five feet of a ballot deposit site that is not located within a voting center, no person may electioneer, circulate campaign material, solicit petition signatures, or interfere with or impede the voting process. Whenever it is necessary to maintain order around a ballot deposit site, the county auditor may contact a law enforcement agency for assistance.

History

Statutory Authority: RCW 29A.04.611. WSR 17-12-090, § 434-250-100, filed 6/6/17, effective 7/7/17
WSR 14-06-040, § 434-250-100, filed 2/26/14, effective 3/29/14
WSR 12-14-074, § 434-250-100, filed 7/2/12, effective 8/2/12. Statutory Authority: RCW 29A.04.611, 29A.04.620, and 29A.04.630. WSR 11-24-064, § 434-250-100, filed 12/6/11, effective 1/6/12. Statutory Authority: RCW 29A.04.611, 29A.08.420, 29A.24.131, 29A.40.110, 29A.46.020, and 29A.80.041. WSR 10-14-091, § 434-250-100, filed 7/6/10, effective 8/6/10. Statutory Authority: RCW 29A.04.611. WSR 10-03-072, § 434-250-100, filed 1/18/10, effective 2/18/10
WSR 08-05-120, § 434-250-100, filed 2/19/08, effective 3/21/08
WSR 07-20-074, § 434-250-100, filed 10/1/07, effective 11/1/07
WSR 06-23-094, § 434-250-100, filed 11/15/06, effective 12/16/06
WSR 06-14-047, § 434-250-100, filed 6/28/06, effective 7/29/06. Statutory Authority: RCW 29A.04.611, 29A.04.530. WSR 06-02-028, § 434-250-100, filed 12/28/05, effective 1/28/06. Statutory Authority: RCW 29A.04.611. WSR 05-17-145, § 434-250-100, filed 8/19/05, effective 9/19/05.

Wash. Admin. Code § 434-250-105 Voting centers.

(1) If a location offers replacement ballots, reissued ballots, provisional ballots, or voting on a direct recording electronic device, it is considered a voting center.

(2) At least one voting center must 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 special, primary, or general election. Additional voting centers, and additional locations that are not voting centers, established by the county auditor to provide other services are not required to be open for the full eighteen-day voting period. In addition to the requirements of RCW 29A.40.160, each voting center must:

(a) Be an accessible location. "Accessible" means the combination of factors which create an environment free of barriers to the mobility or functioning of voters. The environment consists of the routes of travel to and through the buildings or facilities used for voting. The Americans with Disabilities Act Checklist for Polling Places shall be used when determining the accessibility of a voting center. A voting center is fully accessible if all responses in each category are "Yes";

(b) Be located in a public building or building that is leased by a public entity including, but not limited to, libraries;

(d) Issue ballots that include a declaration in the ballot materials;

(e) Offer disability access voting in a location or manner that provides for voter privacy. For each voting center, the county auditor must have a contingency plan to accommodate accessible voting in the event that an accessible voting unit malfunctions or must be removed from service;

(f) Offer provisional ballots, which may be sample ballots that meet provisional ballot requirements;

(g) Have electronic or telephonic access to the voter registration system, consistent with WAC 434-250-095, if the voting center offers voting on a direct recording electronic voting device. The county auditor shall require the voter to print and sign the ballot declaration provided in WAC 434-230-015. Ballot declaration signatures may not be maintained in the order in which they were signed. Before the voter may vote on a direct recording electronic voting device, the county auditor must either:

(i) Verify the signature on the ballot declaration against the signature in the voter registration record; or

(ii) Require the voter to provide photo identification, consistent with RCW 29A.40.160.

(h) Provide voters' pamphlets;

(i) Provide sample ballots if a full sample ballot is not published in the local voters' pamphlet;

(j) Provide voter registration services pursuant to RCW 29A.08.140. If the voter registration system is unable to process applications, the county auditor shall offer conditional registration and balloting services;

(k) Display a HAVA voter information poster, containing an example of an actual ballot or a sample ballot in substantially the same format as an actual ballot;

(l) Display the date of that election;

(m) During a primary that includes a partisan office, and a general election that includes a partisan office, display the appropriate party preference notice provided in WAC 434-230-015. The party preference notices may also be posted on-screen in direct recording electronic voting devices;

(n) Provide instructions on how to properly mark the ballot; and

(o) Provide election materials in alternative languages if required by the Voting Rights Act.

(3) Where it appears that a particular voter is having difficulty casting their vote, and as a result, is impeding other voters from voting, the staff may provide assistance to that voter in the same manner as provided by law for those voters who request assistance. Where it appears that a voter is impeding other voters from voting to simply cause delay, the staff shall ask the voter to expedite the voting process. In the event the voter refuses to cooperate, the staff shall, whenever practical, contact the county auditor, who may request assistance from the appropriate law enforcement agencies if he or she deems such action necessary.

(4) At exactly 8:00 p.m. on election day, all ballot boxes must be emptied or secured to prevent the deposit of additional ballots; however, any voter who is in a voting center or in line at a voting center at 8:00 p.m. must be allowed to vote and deposit their ballot. Voted ballots, including provisional, mail-in, and direct recording electronic and paper records, must be placed into secured transport carriers for return to the county auditor's office or another designated location.

(5) The requirements for staffed ballot deposit sites per WAC 434-250-100 apply to voting centers.

(6) The county auditor may establish which services will be provided at additional locations, which days and hours the additional locations will be open, and shall publish the information for voters.

History

Statutory Authority: RCW 29A.04.611. WSR 21-21-001, § 434-250-105, filed 10/6/21, effective 11/6/21
WSR 19-12-115, § 434-250-105, filed 6/5/19, effective 7/6/19. Statutory Authority: RCW 29A.04.611 and 29A.04.620. WSR 16-13-063, § 434-250-105, filed 6/13/16, effective 7/14/16. Statutory Authority: RCW 29A.04.611. WSR 14-06-040, § 434-250-105, filed 2/26/14, effective 3/29/14
WSR 12-14-074, § 434-250-105, filed 7/2/12, effective 8/2/12. Statutory Authority: RCW 29A.04.611, 29A.04.620, and 29A.04.630. WSR 11-24-064, § 434-250-105, filed 12/6/11, effective 1/6/12.

Wash. Admin. Code § 434-250-110 Processing ballots.

(1) Ballot processing definitions:

(a) "Initial processing" means all steps taken to prepare ballots for tabulation.

(b) "Final processing" means the reading of ballots by an optical scan voting system for the purpose of producing returns of votes cast, but does not include tabulation.

(c) "Tabulation" means the production of returns of votes cast for candidates or ballot measures in a form that can be read by a person, whether as precinct totals, partial cumulative totals, or final cumulative totals.

(d) "Conditional" means a ballot issued when the voter registration system is unable to process an application submitted in person. The voter is conditionally registered and the voter's current ballot shall be accepted only after the application has been processed.

(2) Prior to initial processing of ballots, the county auditor shall notify the county chair of each major political party of the time and date on which processing shall begin, and shall request that each major political party appoint official observers to observe the processing and tabulation of ballots. If any major political party has appointed observers, such observers may be present for initial processing, final processing, or tabulation, if they so choose, but failure to appoint or attend shall not preclude the processing or tabulation of ballots.

(3) Initial processing includes, but is not limited to:

(a) Identification and receipt of current and suspended ballots:

(i) Current ballots are received and prepared for signature verification;

(ii) Suspended ballots are received and held until the seventh day following election day to allow time for a voter's current ballot to be received.

(b) Sorting of suspended ballots due to voter registration transfers:

(i) In-county suspended ballots are secured and held;

(ii) Out-of-county suspended ballots are sent with expedited shipping to the voter's new county in Washington. The suspended ballot must be sent to the new county as soon as possible, but not more than two business days after receipt. Suspended ballots received between seven days after election day and prior to certification shall be mailed to the voter's new county within one day of receipt. Following certification, suspended ballots are mailed to the voter's new county for retention.

(i) If the voter's current ballot is received and accepted for tabulation prior to the seventh day after election day, the suspended ballot becomes invalid;

(ii) If the voter's current ballot is not received prior to the seventh day after election day, duplicate the suspended ballot onto the precinct ballot that matches the voter's current registration record.

(d) Verification of the signature and postmark on the ballot declaration by the county of current registration;

(e) Removal of the security envelope or sleeve from the return envelope;

(f) Removal of the ballot from the security envelope;

(g) Manual inspection for damage, write-in votes, and incorrect or incomplete marks;

(h) Duplication of ballots;

(i) Digital scanning and resolution of ballots by batch where tabulation does not take place; and

(j) Other preparation of ballots for final processing.

(4) Initial processing of voted ballots may begin as soon as voted ballots are received. Initial processing includes digital scanning and resolution of ballots where tabulation does not take place. All ballots must be kept in secure storage until final processing. Secure storage must employ the use of numbered seals and logs, or other security measures which will detect any inappropriate or unauthorized access to the secured ballot materials when they are not being prepared or processed by authorized personnel. The county auditor must ensure that all security envelopes and return envelopes are empty, either by a visual inspection of the punched hole to confirm that no ballots or other materials are still in the envelopes, or by storing the envelopes with a tie, string, or other object through the holes.

(5) Final processing of voted ballots, which may include scanning ballots on an optical scan voting system, may begin after 7:00 a.m. on the day of the election. Final processing may begin after 7:00 a.m. the day before the election if the county auditor follows a security plan that has been submitted by the county auditor and approved by the secretary of state to prevent tabulation until after 8:00 p.m. on the day of the election.

(6) Tabulation may begin after 8:00 p.m. on the day of the election.

(7) In counties tabulating ballots on an optical scan vote tallying system, the vote tallying system must reject all overvotes and blank ballots.

(a) All rejected ballots shall be outstacked for additional manual inspection.

(b) The outstacked ballots shall be inspected in a manner similar to the original inspection with special attention given to stray marks, erasures, and other conditions that may have caused the vote-tallying device to misread and reject the ballot.

(c) If inspection reveals that a ballot must be duplicated in order to be read correctly by the vote tallying system, the ballot must be duplicated.

History

Statutory Authority: RCW 29A.04.611. WSR 19-12-115, § 434-250-110, filed 6/5/19, effective 7/6/19. Statutory Authority: RCW 29A.04.611, 29A.24.091, 29A.24.311, 29A.60.021, 29A.60.185, 29A.60.170, 29A.60.110, and 29A.60.235. WSR 19-01-102, § 434-250-110, filed 12/18/18, effective 1/18/19. Statutory Authority: RCW 29A.04.611. WSR 18-10-003, § 434-250-110, filed 4/19/18, effective 5/20/18
WSR 14-06-040, § 434-250-110, filed 2/26/14, effective 3/29/14
WSR 12-14-074, § 434-250-110, filed 7/2/12, effective 8/2/12. Statutory Authority: RCW 29A.04.611, 29A.04.620, and 29A.04.630. WSR 11-24-064, § 434-250-110, filed 12/6/11, effective 1/6/12. Statutory Authority: RCW 29A.04.611. WSR 08-15-052, § 434-250-110, filed 7/11/08, effective 8/11/08
WSR 05-17-145, § 434-250-110, filed 8/19/05, effective 9/19/05.

Wash. Admin. Code § 434-250-120 Verification of the signature and return date.

(1) A ballot shall be counted if:

(a) The voter has not already cast a ballot that has been accepted in the election;

(b) The voter signed the ballot declaration with a valid signature, as determined by WAC 434-261-051 through 434-261-053, or the voter has provided identification at a voting center; and

(i) The envelope is postmarked not later than the day of the election and received not later than close of business the day before certification of the election. A postmark is any official mark, imprint, or application that verifies when a ballot entered the U.S. postal system. The mailing date of a ballot sent through a commercial mailing service, such as FedEx or UPS, may be considered a postmark. The postmark on the envelope is the official date of mailing. If there are multiple postmarks, the earliest postmark is the date of mailing. A hand cancellation by an agent of the U.S. Postal Service is a postmark.

If the postmark is illegible or missing, the date of the voter's signature is the date of mailing as per RCW 29A.40.110. If the postmark is illegible or missing and the voter did not include a date with their signature, county auditors may use available U.S. Postal Service tools to verify the date of mailing;

(ii) The ballot is deposited in a ballot drop box no later than 8:00 p.m. on election day; or

(iii) For service and overseas voters, the ballot is received by fax or email no later than 8:00 p.m. on election day. Only service and overseas voters can submit ballots by fax or email.

(2) Postage that includes a date, such as meter postage or a dated stamp, does not qualify as a postmark. If an envelope lacks a postmark or if the postmark is unreadable, the date to which the voter has attested on the ballot declaration determines the validity of the ballot, per RCW 29A.40.110. If a ballot is from a service or overseas voter, the date to which the voter has attested on the ballot declaration determines the validity of the ballot, per RCW 29A.40.110.

(3) Consistent with WAC 434-250-080, the voter's current ballot and signed declaration shall be accepted for initial processing; ballots previously or subsequently received for the same voter are not counted nor rejected by the county canvassing board. Such ballots are invalid and categorized as informational only.

(a) If the first ballot received is identical to the voter's current ballot because the voter submitted a replacement ballot, the replacement ballot shall be referred to signature verification for initial processing.

(b) If the first ballot received is suspended because of a voter registration update, the suspended ballot shall be held by the county of current registration. The county of registration may choose to manually check the suspended ballot for signature issues and send a signature update form, while allowing time for the current ballot to be received and accepted.

(4) A ballot may not be rejected merely because the ballot envelope is not dated, unless the date is necessary to validate the timeliness of the ballot. The signature on a ballot declaration may not be rejected merely because the name in the signature is a variation of the name on the voter registration record.

(5) Only service and overseas voters are eligible to return a ballot by fax or email. For ballots returned by fax or email from service or overseas voters, the county auditor must apply procedures to protect the secrecy of the ballot.

(a) If returned by email, the county auditor must print the email and attachments; the printed email and signed declaration page must be processed and retained like other ballot declarations, and the printed ballot must be processed and retained like other ballots. The electronic versions of the email, ballot declaration, and ballot are exempt from public disclosure in order to maintain secrecy of the ballot. Voted service and overseas ballots returned by email may be returned with multiple attachments or in multiple emails.

(b) Service and overseas ballots returned by fax or email with a missing or mismatched signature are processed as established in RCW 29A.60.165 and WAC 434-261-050.

(6) For faxed or emailed ballots received from voters who are not service or overseas voters the county auditor must:

(a) Contact the voter immediately if a faxed or emailed ballot is received to notify the voter that they must return their ballot by mail or ballot drop box.

(b) Count only the ballot received by mail or ballot drop box if the voter returns both a faxed or emailed ballot and a ballot by mail or ballot drop box.

(c) Send the faxed or emailed ballot to the canvassing board for rejection if the voter did not return a ballot by mail or ballot drop box.

(7) The signature verification process shall be open to the public, subject to reasonable procedures adopted and promulgated by the canvassing board to ensure that order is maintained and to safeguard the integrity of the process.

History

Statutory Authority: RCW 29A.04.611. WSR 24-16-019, § 434-250-120, filed 7/25/24, effective 8/25/24
WSR 24-07-018, § 434-250-120, filed 3/8/24, effective 5/4/24
WSR 20-14-035, § 434-250-120, filed 6/24/20, effective 7/25/20
WSR 19-12-115, § 434-250-120, filed 6/5/19, effective 7/6/19
WSR 19-05-041, § 434-250-120, filed 2/14/19, effective 3/17/19
WSR 18-10-003, § 434-250-120, filed 4/19/18, effective 5/20/18
WSR 14-06-040, § 434-250-120, filed 2/26/14, effective 3/29/14
WSR 12-14-074, § 434-250-120, filed 7/2/12, effective 8/2/12. Statutory Authority: RCW 29A.04.611, 29A.04.620, and 29A.04.630. WSR 11-24-064, § 434-250-120, filed 12/6/11, effective 1/6/12. Statutory Authority: RCW 29A.04.611, 29A.08.420, 29A.24.131, 29A.40.110, 29A.46.020, and 29A.80.041. WSR 10-14-091, § 434-250-120, filed 7/6/10, effective 8/6/10. Statutory Authority: RCW 29A.04.611, 29A.04.530. WSR 06-02-028, § 434-250-120, filed 12/28/05, effective 1/28/06. Statutory Authority: RCW 29A.04.611. WSR 05-17-145, § 434-250-120, filed 8/19/05, effective 9/19/05.

Wash. Admin. Code § 434-250-130 Maintenance of an audit trail.

Each county auditor shall maintain an audit trail with respect to the processing of ballots, which shall include, but not be limited to, the following:

(1) A record of the date the ballot was mailed or issued, and the date the ballot was received;

(2) The number of ballots issued and returned by precinct;

(3) A record of the disposition of each request for a ballot that was not honored;

(4) A record of the disposition of each returned ballot that was not counted;

(5) A record of the time and place each time the county canvassing board met; and

(6) Documentation of the security procedures undertaken to protect the integrity of all ballots after receipt, including the seal numbers used to secure the ballots during all facets of the process.

History

Statutory Authority: RCW 29A.04.611. WSR 17-12-090, § 434-250-130, filed 6/6/17, effective 7/7/17. Statutory Authority: RCW 29A.04.611, 29A.04.620, and 29A.04.630. WSR 11-24-064, § 434-250-130, filed 12/6/11, effective 1/6/12. Statutory Authority: RCW 29A.04.611. WSR 07-12-032, § 434-250-130, filed 5/30/07, effective 6/30/07
WSR 05-17-145, § 434-250-130, filed 8/19/05, effective 9/19/05.

Wash. Admin. Code § 434-250-140 Ballot process to be expedited.

All election officials charged with any duties or responsibilities with respect to ballots shall ensure that those duties are performed in an expeditious manner, in order to maximize the opportunity for voters to receive, vote, and return the ballots in time to be counted.

History

Statutory Authority: RCW 29A.04.611, 29A.04.620, and 29A.04.630. WSR 11-24-064, § 434-250-140, filed 12/6/11, effective 1/6/12. Statutory Authority: RCW 29A.04.611. WSR 05-17-145, § 434-250-140, filed 8/19/05, effective 9/19/05.

Wash. Admin. Code § 434-250-200 Return postage.

The United States Postal Service Domestic Mail Manual requires each county auditor to include on the ballot, ballot instructions, mailing instructions, or return envelope the specific amount of first-class postage necessary to return the ballot by mail. This is not required:

(1) For ballots issued to service and overseas voters;

(2) For ballots returned using the business reply mail service;

(3) For ballots returned with postage prepaid by stamps, meter, or permit reply mail; or

(4) If the county auditor has an account with the post office guaranteeing payment of return postage due.

History

Statutory Authority: RCW 29A.04.611 and 29A.04.620. WSR 16-13-063, § 434-250-200, filed 6/13/16, effective 7/14/16. Statutory Authority: RCW 29A.04.611. WSR 14-06-040, § 434-250-200, filed 2/26/14, effective 3/29/14.

Wash. Admin. Code § 434-250-320 Locations to deposit ballots.

A county auditor must provide at least two locations to deposit ballots beginning eighteen days prior to election day and ending at 8:00 p.m. on election day. These locations may be either a ballot deposit site, as defined in WAC 434-250-100, or a voting center, as defined in WAC 434-250-105. At least one location may be at the county auditor's office. All other deposit sites must be at geographical locations that are different from the county auditor's office.

History

Statutory Authority: RCW 29A.04.611. WSR 14-06-040, § 434-250-320, filed 2/26/14, effective 3/29/14. Statutory Authority: RCW 29A.04.611, 29A.04.620, and 29A.04.630. WSR 11-24-064, § 434-250-320, filed 12/6/11, effective 1/6/12. Statutory Authority: RCW 29A.04.611. WSR 07-20-074, § 434-250-320, filed 10/1/07, effective 11/1/07
WSR 06-14-047, § 434-250-320, filed 6/28/06, effective 7/29/06
WSR 05-17-145, § 434-250-320, filed 8/19/05, effective 9/19/05.

Wash. Admin. Code § 434-250-350 Student engagement hubs.

Pursuant to RCW 29A.40.180, the county auditor and any educational institution within the county that are statutorily required to host a hub must enter a contract to operate a student engagement hub.

(1) For all institutions operating student engagement hubs, the contract must include:

(a) A method for voters to download and print the voter's ballot for the exact precinct and precinct split from the voter's county of registration from an online portal;

(b) Provisions for protecting the privacy and secrecy of any voted ballot;

(d) Provision of services to those in line at 8:00 p.m. on election day to obtain a ballot, vote, and deposit their voted ballot;

(e) Provision of a secured ballot drop box at the hub, following current ballot drop box procedures for emptying the contents and closing the box at the conclusion of hub operations;

(f) Ensuring that when a voter is in line at the hub at 8:00 p.m. or earlier on election day, their ballot may be deposited in the drop box after 8:00 p.m., but no other voters can use the drop box after 8:00 p.m.

(g) Ensuring operation of the hub in a nonpartisan manner while allowing no campaign materials or campaigning within a minimum of at least 25 feet of the entrances and exits of the hub facility, or within the hub;

(h) Provision of accessible facilities compliant with the Americans with Disabilities Act.

(2) For institutions operating student engagement hubs that are statutorily required to include voter registration services, the contract must also include:

(a) An agreed upon method of voter registration services for all eligible citizens at the hub;

(b) Setting the hours of operation as the county auditor's normal working hours and, on Election Day, starting at normal business opening and extended until 8:00 p.m.;

(c) An agreement detailing the days that the hub will be in operation up to the statutory maximum of eight days prior to the election;

(d) Provision to the hub of at least the following services by agreement between the county auditor and the university or college:

(i) Staffing;

(ii) Availability of provisional ballots;

(iii) Provision of notice of the availability of services;

(iv) Provision of appropriate voter information including voter pamphlets; and

(v) Provision of services to those in line at 8:00 p.m. on election day to register to vote, obtain a ballot, vote, and deposit their voted ballot.

(3) The prohibitions listed in chapter 29A.84 RCW for voting centers and ballot drop boxes also apply to student engagement hubs.

(4) Hub staff may provide postage stamps for voters that choose to mail their ballot.

History

Statutory Authority: RCW 29A.04.611. WSR 23-15-018, § 434-250-350, filed 7/7/23, effective 8/7/23
WSR 20-19-045, § 434-250-350, filed 9/10/20, effective 10/11/20.

Wash. Admin. Code § 434-250-370 Hub reimbursement program.

(1) Each year that funding has been made available by the legislature for support of student engagement hubs, a county that is required to operate a student engagement hub under RCW 29A.40.180, may request reimbursement from the secretary of state. Reimbursement under this section is limited to the operation of a student engagement hub during any portion of the in-person voter registration period associated with each general election.

(2) Reimbursement may be requested as either:

(a) Direct costs identified in the election cost reimbursement submitted pursuant to chapter 29A.04 RCW and compliant with the BARS Manual requirements related to cost reimbursement; or

(b) A reimbursement request separate from the election cost reimbursement request. This must be accompanied by supporting documentation, which may include invoices, written narratives, cost allocation, or other information, for each billed cost, a description of hub operations, dates and hours of operation, and a copy of the hub agreement.

(3) Prior to each general election, the secretary of state may identify a portion of the funding made available by the legislature to support student engagement hubs for statewide communication, outreach, or system upgrades related to student engagement hubs.

(4) All funding remaining after statewide communication, outreach, or system upgrades, must be used for reimbursement of operation costs as requested by counties operating student engagement hubs.

(5) In the event that available funding is less than the total of all reimbursements requested, available funding must be distributed using a proportional allocation method.

History

Statutory Authority: RCW 29A.04.611. WSR 21-21-001, § 434-250-370, filed 10/6/21, effective 11/6/21.

Wash. Admin. Code § 434-250-380 Disclosure of voter signatures.

(1) In-person inspection of unredacted ballot return envelopes, ballot declarations, and signature correction forms is authorized, so long as photocopying, photographs, and other types of image reproduction of voter signatures, phone numbers, and email addresses are prohibited.

(2) Upon receiving a public records request for ballot return envelopes, ballot declarations, or signature correction forms, an agency should offer the requestor the option of receiving redacted copies or inspecting unredacted versions in-person.

(3) For purposes of this regulation, "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.

(4) For purposes of this section, "voter signature" means any original handwritten signature or image of the voter's signature.

History

Statutory Authority: RCW 29A.04.611. WSR 22-13-095, § 434-250-380, filed 6/14/22, effective 7/15/22.

Chapter 434-260 Election review process and certification of election administrators.

Wash. Admin. Code § 434-260-010 Intent.

It is the intent of this chapter to provide procedures to be followed in the conduct of election reviews and procedures to be followed for the certification and training of election administrators, assistant election administrators, and county canvassing board members as required by chapter 29A.04 RCW.

History

Statutory Authority: RCW 29A.04.611. WSR 09-18-098, § 434-260-010, filed 9/1/09, effective 10/2/09. Statutory Authority: RCW 29A.04.610. WSR 04-15-089, § 434-260-010, filed 7/16/04, effective 8/16/04. Statutory Authority: RCW 29.60.020. WSR 99-12-004, § 434-260-010, filed 5/19/99, effective 6/19/99. WSR 98-08-010, recodified as § 434-260-010, filed 3/18/98, effective 3/18/98. Statutory Authority: RCW 29.60.020. WSR 93-18-053, § 434-60-010, filed 8/30/93, effective 9/30/93.

Wash. Admin. Code § 434-260-020 Definitions.

As used in this chapter:

(1) "Election review" means the process of examining all or a part of a county's election policies and procedures and includes the review of any documentation of those procedures;

(2) "Election review staff" means the person or persons employed by the secretary of state for the purpose of conducting election reviews;

(3) "Special election review" means an election review conducted in a county or counties whenever the unofficial returns of a primary or election indicate that a mandatory recount is likely in a race for the state legislature, congress, or statewide office;

(4) "Preliminary review report of findings and recommendations" means that draft report made by the election review staff to the county auditor and which contains any recommendations made by the review staff and a preliminary conclusion regarding the county's election procedures;

(5) "Draft election review report" means that report made by the election review staff to the county auditor and the designated members of the county canvassing board. The auditor and/or county canvassing board must respond to the draft election review report in writing and may appeal the report to the election administration and certification board;

(6) "Final election review report" means that report made by the election review staff which contains a copy of the recommendations made by the review staff, the response to those recommendations made by the county auditor or the county canvassing board, and a conclusion written by the staff;

(7) "Special review recommendations" means recommendations made by the review staff to the county auditor and the county canvassing board following the conduct of any special review;

(8) "County auditor designee" is that person designated by the county auditor to participate in the review process, pursuant to the provisions of RCW 29A.04.580. Such a designee must be certified as required by chapter 29A.04 RCW.

(9) "Election administrator" means the person or persons appointed by the county auditor to election management positions as required by RCW 36.22.220 and the state director of elections, assistant directors of elections, certification and training program staff members, and any other secretary of state election division employees designated by the director of elections;

(10) "Assistant election administrator" means any person involved in the administration of elections at the state or county level who has been designated as an assistant election administrator by the state director of elections or the county auditor as applicable;

(11) "County canvassing board members" means those officers designated as such pursuant to the provision of chapter 29A.60 RCW;

(12) "Election administration and certification board" means that board created pursuant to the provisions of RCW 29A.04.510.

History

Statutory Authority: RCW 29A.04.611, 29A.04.620, and 29A.04.630. WSR 11-24-064, § 434-260-020, filed 12/6/11, effective 1/6/12. Statutory Authority: RCW 29A.04.611. WSR 09-18-098, § 434-260-020, filed 9/1/09, effective 10/2/09
WSR 05-17-145, § 434-260-020, filed 8/19/05, effective 9/19/05. Statutory Authority: RCW 29A.04.610. WSR 04-15-089, § 434-260-020, filed 7/16/04, effective 8/16/04. Statutory Authority: RCW 29.60.020. WSR 99-12-004, § 434-260-020, filed 5/19/99, effective 6/19/99. WSR 98-08-010, recodified as § 434-260-020, filed 3/18/98, effective 3/18/98. Statutory Authority: RCW 29.60.020. WSR 93-18-053, § 434-60-020, filed 8/30/93, effective 9/30/93.

Wash. Admin. Code § 434-260-030 Scheduled reviews—Auditor request.

Not later than May 1, any county auditor may request that the secretary of state designate his or her county for an election review. The secretary of state shall, whenever practical, honor that request.

History

Statutory Authority: RCW 29A.04.611, 2006 c 344. WSR 07-09-035, § 434-260-030, filed 4/11/07, effective 5/12/07. Statutory Authority: RCW 29A.04.611. WSR 05-17-145, § 434-260-030, filed 8/19/05, effective 9/19/05. Statutory Authority: RCW 29.60.020. WSR 99-12-004, § 434-260-030, filed 5/19/99, effective 6/19/99. WSR 98-08-010, recodified as § 434-260-030, filed 3/18/98, effective 3/18/98. Statutory Authority: RCW 29.60.020. WSR 93-18-053, § 434-60-030, filed 8/30/93, effective 9/30/93.

Wash. Admin. Code § 434-260-040 Election reviews—Secretary of state to designate.

Not later than thirty days prior to the start of an election review the secretary of state shall notify, in writing, the counties selected for an election review. Whenever possible, election reviews shall be conducted on dates that are mutually agreeable to the secretary and to the county auditor allowing the reviewer to observe all election procedures. In designating counties to be reviewed, the secretary shall take into consideration any complaints filed with his or her office pursuant to the provisions of RCW 29A.04.570 (1)(b).

History

Statutory Authority: RCW 29A.04.611, 29A.04.620, and 29A.04.630. WSR 11-24-064, § 434-260-040, filed 12/6/11, effective 1/6/12. Statutory Authority: RCW 29A.04.611. WSR 09-18-098, § 434-260-040, filed 9/1/09, effective 10/2/09. Statutory Authority: RCW 29A.04.611, 2006 c 344. WSR 07-09-035, § 434-260-040, filed 4/11/07, effective 5/12/07. Statutory Authority: RCW 29A.04.611. WSR 05-17-145, § 434-260-040, filed 8/19/05, effective 9/19/05. Statutory Authority: RCW 29A.04.610. WSR 04-15-089, § 434-260-040, filed 7/16/04, effective 8/16/04. Statutory Authority: RCW 29.60.020. WSR 99-12-004, § 434-260-040, filed 5/19/99, effective 6/19/99. WSR 98-08-010, recodified as § 434-260-040, filed 3/18/98, effective 3/18/98. Statutory Authority: RCW 29.60.020. WSR 93-18-053, § 434-60-040, filed 8/30/93, effective 9/30/93.

Wash. Admin. Code § 434-260-050 Notice of special review.

Notice of a special review shall be provided to the county auditor by telephone and email not later than twenty-four hours after the determination has been made to conduct the special review.

History

Statutory Authority: RCW 29A.04.611, 29A.04.620, and 29A.04.630. WSR 11-24-064, § 434-260-050, filed 12/6/11, effective 1/6/12. Statutory Authority: RCW 29A.04.611. WSR 05-17-145, § 434-260-050, filed 8/19/05, effective 9/19/05. Statutory Authority: RCW 29.60.020. WSR 99-12-004, § 434-260-050, filed 5/19/99, effective 6/19/99. WSR 98-08-010, recodified as § 434-260-050, filed 3/18/98, effective 3/18/98. Statutory Authority: RCW 29.60.020. WSR 93-18-053, § 434-60-050, filed 8/30/93, effective 9/30/93.

Wash. Admin. Code § 434-260-060 Notification of review process.

At least five days prior to an election review, or as soon as possible prior to a special review, the review staff shall notify the county auditor of the number of persons conducting the review, any policies and procedures of special interest, and of any needs incidental to their review. The county auditor will provide adequate working accommodations, and copies of any county election policies or procedures, at the time scheduled for the review. Review staff will make every effort to minimize any disruption to the normal work of the county during the review process.

History

Statutory Authority: RCW 29.60.020. WSR 99-12-004, § 434-260-060, filed 5/19/99, effective 6/19/99. WSR 98-08-010, recodified as § 434-260-060, filed 3/18/98, effective 3/18/98. Statutory Authority: RCW 29.60.020. WSR 93-18-053, § 434-60-060, filed 8/30/93, effective 9/30/93.

Wash. Admin. Code § 434-260-080 Special review—Legislative district race.

A special review shall be conducted in any legislative district contained entirely within one county whenever the unofficial returns from a legislative race indicate that a mandatory recount is likely. Such a review may be as extensive as an election review or may, at the secretary of state's discretion, concentrate only on those aspects of the election process dealing with ballot accountability, audit trail procedures, and ballot security. In any legislative district encompassing more than one county where the unofficial returns indicate that a mandatory recount is likely for a legislative district race, the secretary of state may direct a partial review in each county or may prioritize the review process. In prioritizing the review process, the secretary shall take into consideration the following factors:

(1) The date and results of the last election review held in each county;

(2) Any request from a county auditor for a special review;

(3) Any written complaints filed with the secretary pursuant to the provisions of RCW 29A.04.570 (1)(b);

(4) Any written complaints, from any resident of the county regarding the specific election in question;

(5) Any media stories or reports alleging election irregularities with respect to the election in question;

(6) The date on which the determination is made that a special review is required.

History

Statutory Authority: RCW 29A.04.610. WSR 04-15-089, § 434-260-080, filed 7/16/04, effective 8/16/04. Statutory Authority: RCW 29.60.020. WSR 99-12-004, § 434-260-080, filed 5/19/99, effective 6/19/99. WSR 98-08-010, recodified as § 434-260-080, filed 3/18/98, effective 3/18/98. Statutory Authority: RCW 29.60.020. WSR 93-18-053, § 434-60-080, filed 8/30/93, effective 9/30/93.

Wash. Admin. Code § 434-260-090 Special review of congressional or statewide races.

In conducting special reviews for congressional or statewide offices, the secretary of state may prioritize the review process, using the same criteria as is used in prioritizing special reviews in joint legislative districts.

History

WSR 98-08-010, recodified as § 434-260-090, filed 3/18/98, effective 3/18/98. Statutory Authority: RCW 29.60.020. WSR 93-18-053, § 434-60-090, filed 8/30/93, effective 9/30/93.

Wash. Admin. Code § 434-260-100 Expense of reviews.

The expenses of reviews, including review staff salaries and travel expenses, will not be charged to the county being reviewed. However reasonable and necessary office expenses incidental to the review process, such as copying charges, computer printouts, and telephones, will be provided by the county being reviewed.

History

WSR 98-08-010, recodified as § 434-260-100, filed 3/18/98, effective 3/18/98. Statutory Authority: RCW 29.60.020. WSR 93-18-053, § 434-60-100, filed 8/30/93, effective 9/30/93.

Wash. Admin. Code § 434-260-110 Election review checklist.

The secretary of state shall develop an election review checklist, which shall be the basis for any election review and which shall also serve, in whole or in part, as the basis for any special review. The checklist for a regular review shall be provided to the county auditor at least one week prior to the beginning of the reviews.

History

Statutory Authority: RCW 29A.04.611, 29A.04.620, and 29A.04.630. WSR 11-24-064, § 434-260-110, filed 12/6/11, effective 1/6/12. Statutory Authority: RCW 29A.04.611. WSR 09-18-098, § 434-260-110, filed 9/1/09, effective 10/2/09. Statutory Authority: RCW 29.60.020. WSR 99-12-004, § 434-260-110, filed 5/19/99, effective 6/19/99. WSR 98-08-010, recodified as § 434-260-110, filed 3/18/98, effective 3/18/98. Statutory Authority: RCW 29.60.020. WSR 93-18-053, § 434-60-110, filed 8/30/93, effective 9/30/93.

Wash. Admin. Code § 434-260-130 Preliminary review report of findings and recommendations.

The review staff shall verbally relay any recommendations found during observation of the county's procedures by certification of the election. As soon as practical, but in any event not later than ninety days following the certification of the election, the review staff shall issue a preliminary review report of a findings and recommendations. The report shall be made to the county auditor.

The preliminary review report of findings and recommendations is exempt from public inspection and copying, as provided by RCW 42.56.280.

History

Statutory Authority: RCW 29A.04.611, 29A.04.620, and 29A.04.630. WSR 11-24-064, § 434-260-130, filed 12/6/11, effective 1/6/12. Statutory Authority: RCW 29.60.020. WSR 99-12-004, § 434-260-130, filed 5/19/99, effective 6/19/99. WSR 98-08-010, recodified as § 434-260-130, filed 3/18/98, effective 3/18/98. Statutory Authority: RCW 29.60.020. WSR 93-18-053, § 434-60-130, filed 8/30/93, effective 9/30/93.

Wash. Admin. Code § 434-260-140 Draft election review report.

As soon as practicable, but in any event not later than thirty days after the issuance of the preliminary report of findings and recommendations, the review staff shall issue a draft of the election review report to the county auditor and the designated members of the county canvassing board as provided in chapter 29A.60 RCW, and shall include, but not be limited to, the following:

(1) A narrative description of recommendations made by the review staff;

(2) Any other information the review staff deems pertinent;

(3) A preliminary conclusion/evaluation of the county's election procedures.

History

Statutory Authority: RCW 29A.04.611. WSR 05-17-145, § 434-260-140, filed 8/19/05, effective 9/19/05. Statutory Authority: RCW 29A.04.610. WSR 04-15-089, § 434-260-140, filed 7/16/04, effective 8/16/04. Statutory Authority: RCW 29.60.020. WSR 99-12-004, § 434-260-140, filed 5/19/99, effective 6/19/99. WSR 98-08-010, recodified as § 434-260-140, filed 3/18/98, effective 3/18/98. Statutory Authority: RCW 29.60.020. WSR 93-18-053, § 434-60-140, filed 8/30/93, effective 9/30/93.

Wash. Admin. Code § 434-260-145 Response to draft election review report.

The county auditor and/or county canvassing board must respond, in writing, to the draft election review report, listing the steps that will be taken to correct any problems listed in the report. Such response shall be submitted to the review staff not later than fifteen business days following the issuance of the draft election review report.

Nothing in this section shall prevent the review staff from modifying or amending its recommendations, based on the response received from the county auditor or canvassing board.

Any county auditor or other member of the county canvassing board may appeal the recommendations or the conclusion of any draft election review report to the election administration and certification board. Any appeal must be in writing, must detail specific exceptions made to the draft election review report, and must be filed with the board not later than thirty days following the issuance of the report.

History

Statutory Authority: RCW 29A.04.611. WSR 09-18-098, § 434-260-145, filed 9/1/09, effective 10/2/09
WSR 05-17-145, § 434-260-145, filed 8/19/05, effective 9/19/05. Statutory Authority: RCW 29.60.020. WSR 99-12-004, § 434-260-145, filed 5/19/99, effective 6/19/99.

Wash. Admin. Code § 434-260-150 Final election review report.

As soon as practicable, but in any event not later than ten business days after the receipt of the county's response, the review staff shall issue a final election review report. The report shall be made to the county canvassing board, and shall include, but not be limited to, the following:

(1) A narrative description of any general observations by the review staff;

(2) A narrative description of any recommendations made by the review staff;

(3) A response by the county auditor or the county canvassing board;

(4) A conclusion by the review staff.

A copy of the final review report shall be provided to the chairperson of the election administration and certification board and a copy shall also be kept on file by the secretary of state.

History

Statutory Authority: RCW 29A.04.611, 29A.04.620, and 29A.04.630. WSR 11-24-064, § 434-260-150, filed 12/6/11, effective 1/6/12. Statutory Authority: RCW 29A.04.611. WSR 09-18-098, § 434-260-150, filed 9/1/09, effective 10/2/09
WSR 05-17-145, § 434-260-150, filed 8/19/05, effective 9/19/05. Statutory Authority: RCW 29.60.020. WSR 99-12-004, § 434-260-150, filed 5/19/99, effective 6/19/99. WSR 98-08-010, recodified as § 434-260-150, filed 3/18/98, effective 3/18/98. Statutory Authority: RCW 29.60.020. WSR 93-18-053, § 434-60-150, filed 8/30/93, effective 9/30/93.

Wash. Admin. Code § 434-260-155 County review follow-up.

Within one year following the issuance of the final review report, the secretary of state shall verify that the county has taken the steps listed in the response to correct the problems noted in the report. The secretary of state shall send a letter to the county canvassing board listing the results of the follow-up interview. A copy of the letter shall be provided to the county auditor and kept on file with the secretary of state.

History

Statutory Authority: RCW 29A.04.611, 29A.04.620, and 29A.04.630. WSR 11-24-064, § 434-260-155, filed 12/6/11, effective 1/6/12. Statutory Authority: RCW 29A.04.611. WSR 09-18-098, § 434-260-155, filed 9/1/09, effective 10/2/09
WSR 05-17-145, § 434-260-155, filed 8/19/05, effective 9/19/05.

Wash. Admin. Code § 434-260-160 Special review recommendations.

After conducting a special review, the review staff shall make any recommendations to the county auditor and the county canvassing board that they deem necessary to minimize the possibilities of any administrative errors being made either prior to or during the conduct of a mandatory recount. Such recommendations shall be made orally to the county auditor not later than twenty-four hours in advance of the conduct of a mandatory recount. A draft report of findings and recommendations shall be issued to the county auditor and the other members of the canvassing board not later than ten business days after the completion of the mandatory recount.

History

Statutory Authority: RCW 29A.04.611. WSR 09-18-098, § 434-260-160, filed 9/1/09, effective 10/2/09. Statutory Authority: RCW 29.60.020. WSR 99-12-004, § 434-260-160, filed 5/19/99, effective 6/19/99. WSR 98-08-010, recodified as § 434-260-160, filed 3/18/98, effective 3/18/98. Statutory Authority: RCW 29.60.020. WSR 93-18-053, § 434-60-160, filed 8/30/93, effective 9/30/93.

Wash. Admin. Code § 434-260-190 Processing of appeal.

Within thirty days of an appeal being filed, the election administration and certification board shall meet to consider the appeal. The board may request that the county auditor, the review staff, or any other persons they deem appropriate, appear before them and assist them in their consideration of the appeal. The board shall have access to all written material prepared by the review staff, including a copy of the preliminary election review report and draft review report. The board, by majority vote, may accept the draft report, may modify all or part of the draft report, or may reject the report in total. In the event the board rejects the report, they shall direct that a new review be conducted and shall detail, in writing, the reasons for rejecting the original report. The board shall issue a written summary of its findings following any consideration of any appeal. The summary shall include the minutes of any meeting of the board to consider the appeal, a summary of the testimony of any witnesses appearing before them, and the reasons for any decision made.

History

Statutory Authority: RCW 29.60.020. WSR 99-12-004, § 434-260-190, filed 5/19/99, effective 6/19/99. WSR 98-08-010, recodified as § 434-260-190, filed 3/18/98, effective 3/18/98. Statutory Authority: RCW 29.60.020. WSR 93-18-053, § 434-60-190, filed 8/30/93, effective 9/30/93.

Wash. Admin. Code § 434-260-200 Standards for evaluating appeals.

In determining whether or not an appeal filed pursuant to RCW 29A.04.570 and WAC 434-260-160 should be upheld and the final scheduled review report either modified or set aside, the election administration and certification board shall consider the following factors:

(1) Whether or not the course of action or activity recommended by the review staff is required by federal or state law or by administrative rule;

(2) Whether or not the findings or the course of action or activity recommended by the review staff enhances the standardization and uniformity of election practices and procedures throughout the state;

(3) Whether or not the findings or the course of action or activity recommended by the review staff enhances the security or integrity of the ballots or the ballot counting process;

(4) Whether or not the course of action or activity recommended by the review staff would cause unnecessary hardship or expense to the county making the appeal.

History

Statutory Authority: RCW 29A.04.610. WSR 04-15-089, § 434-260-200, filed 7/16/04, effective 8/16/04. Statutory Authority: RCW 29.60.020. WSR 99-12-004, § 434-260-200, filed 5/19/99, effective 6/19/99. WSR 98-08-010, recodified as § 434-260-200, filed 3/18/98, effective 3/18/98. Statutory Authority: RCW 29.60.020. WSR 93-18-053, § 434-60-200, filed 8/30/93, effective 9/30/93.

Wash. Admin. Code § 434-260-220 Certification of election administrators.

Election administrators shall become certified upon completion of the following:

(1) Completion of the secretary of state's mandatory certification course;

(2) Two years of service in election administration during the three-year period immediately prior to the request for initial certification;

(3) Taking and passing the open book written exam on Title 29A RCW, Title 434 WAC, the Washington state Constitution, and other applicable state and federal election laws as prepared by the secretary of state;

(4) A minimum of forty hours participation in conferences and workshops as preapproved by the secretary of state.

(a) At least thirty of the required forty hours must be election-specific training.

(i) At least twenty hours of election training must specifically address Washington state elections and must include training hours from attending an annual Washington elections conference.

(ii) Up to four hours of training may be for observing election procedures in other county election departments.

(b) Up to ten hours of training may be for professional development as determined by the county or state approving authority.

(d) The secretary of state shall publish a list of election-specific training approved for election administrator certification by January 1, 2020.

(5) A high school diploma or its equivalent.

History

Statutory Authority: RCW 29A.04.630. WSR 19-12-114, § 434-260-220, filed 6/5/19, effective 1/1/20. Statutory Authority: RCW 29A.04.611, 29A.04.620, and 29A.04.630. WSR 11-24-064, § 434-260-220, filed 12/6/11, effective 1/6/12. Statutory Authority: RCW 29A.04.611. WSR 06-18-103, § 434-260-220, filed 9/6/06, effective 10/7/06. Statutory Authority: RCW 29.60.020. WSR 01-11-111, § 434-260-220, filed 5/21/01, effective 6/21/01
WSR 99-12-004, § 434-260-220, filed 5/19/99, effective 6/19/99. WSR 98-08-010, recodified as § 434-260-220, filed 3/18/98, effective 3/18/98. Statutory Authority: RCW 29.60.020. WSR 94-07-018, § 434-60-220, filed 3/8/94, effective 4/8/94.

Wash. Admin. Code § 434-260-240 Mandatory certification course.

(1) All election administrators shall attend a mandatory certification course sponsored by the secretary of state to be eligible for certification. The mandatory certification course will be offered to election administrators annually.

(2) The mandatory certification course will consist of at least eight hours of training in election-related subjects.

History

Statutory Authority: RCW 29A.04.630. WSR 19-12-114, § 434-260-240, filed 6/5/19, effective 1/1/20. Statutory Authority: RCW 29A.04.611. WSR 07-12-032, § 434-260-240, filed 5/30/07, effective 6/30/07. Statutory Authority: RCW 29.60.020. WSR 99-12-004, § 434-260-240, filed 5/19/99, effective 6/19/99. WSR 98-08-010, recodified as § 434-260-240, filed 3/18/98, effective 3/18/98. Statutory Authority: RCW 29.60.020. WSR 94-07-018, § 434-60-240, filed 3/8/94, effective 4/8/94.

Wash. Admin. Code § 434-260-300 Renewal of certification as an election administrator.

Applications for certification renewal must be submitted by December 31st of every odd-numbered year. The secretary of state will renew certification with the following qualifications:

(1) Continuous service as an election administrator during the two years for which renewal is required.

(2) Participation in a minimum of forty hours of conferences and workshops attended within the renewal period, as preapproved by the secretary of state.

(a) At least thirty of the required forty hours must be election-specific training.

(i) At least twenty hours of election training must specifically address Washington state elections and must include training hours from attending an annual Washington elections conference.

(ii) Up to four hours of training may be for observing election procedures in other county election departments.

(b) Up to ten hours of training may be for professional development as determined by the county or state approving authority.

Election administrators who become initially certified within a two-year renewal period may use any training taken during the renewal period, including training used for initial certification.

The two-year renewal period and provisions begin January 1, 2020.

History

Statutory Authority: RCW 29A.04.630. WSR 19-12-114, § 434-260-300, filed 6/5/19, effective 1/1/20
WSR 05-06-036, § 434-260-300, filed 2/25/05, effective 3/28/05. Statutory Authority: RCW 29.60.020. WSR 01-11-111, § 434-260-300, filed 5/21/01, effective 6/21/01
WSR 99-12-004, § 434-260-300, filed 5/19/99, effective 6/19/99. WSR 98-08-010, recodified as § 434-260-300, filed 3/18/98, effective 3/18/98. Statutory Authority: RCW 29.60.020. WSR 94-07-018, § 434-60-300, filed 3/8/94, effective 4/8/94.

Wash. Admin. Code § 434-260-307 Recertification of election administrator.

Certification as an election administrator shall expire when minimum requirements for certification renewal are not met. An election administrator may recertify within two years of certification expiration. To recertify, an election administrator must:

(1) Attend the secretary of state's mandatory certification course;

(2) Have two years continuous service as an election administrator immediately prior to the date of a request for recertification;

(3) Take and pass a recertification exam;

(4) Attend twenty hours of Washington state election-specific training as defined in WAC 434-260-220.

To maintain certification, a recertified election administrator must take an additional twenty hours of training as required by WAC 434-260-300 by the next renewal deadline.

An election administrator shall be allowed one recertification in any ten-year period.

New recertification requirements are effective January 1, 2020.

History

Statutory Authority: RCW 29A.04.630. WSR 19-12-114, § 434-260-307, filed 6/5/19, effective 1/1/20. Statutory Authority: RCW 29.60.020. WSR 01-11-111, § 434-260-307, filed 5/21/01, effective 6/21/01.

Wash. Admin. Code § 434-260-310 Applications.

The secretary of state shall make available certification applications to election administrators. Applications to renew certification must be submitted to the secretary of state by December 31st each odd-numbered year.

Two-year renewal requirements are effective January 1, 2020.

History

Statutory Authority: RCW 29A.04.630. WSR 19-12-114, § 434-260-310, filed 6/5/19, effective 1/1/20. Statutory Authority: RCW 29A.04.611. WSR 09-18-098, § 434-260-310, filed 9/1/09, effective 10/2/09. Statutory Authority: RCW 29A.04.611, 29A.04.530. WSR 06-02-028, § 434-260-310, filed 12/28/05, effective 1/28/06. Statutory Authority: RCW 29A.04.611. WSR 05-17-145, § 434-260-310, filed 8/19/05, effective 9/19/05. Statutory Authority: RCW 29.60.020. WSR 99-12-004, § 434-260-310, filed 5/19/99, effective 6/19/99. WSR 98-08-010, recodified as § 434-260-310, filed 3/18/98, effective 3/18/98. Statutory Authority: RCW 29.60.020. WSR 94-07-018, § 434-60-310, filed 3/8/94, effective 4/8/94.

Wash. Admin. Code § 434-260-320 Training program for county canvassing board members.

The secretary of state shall prepare a training program for county canvassing board members. The training shall be made available upon request.

History

Statutory Authority: RCW 29A.04.630. WSR 19-12-114, § 434-260-320, filed 6/5/19, effective 1/1/20. Statutory Authority: RCW 29.60.020. WSR 99-12-004, § 434-260-320, filed 5/19/99, effective 6/19/99. WSR 98-08-010, recodified as § 434-260-320, filed 3/18/98, effective 3/18/98. Statutory Authority: RCW 29.60.020. WSR 94-07-018, § 434-60-320, filed 3/8/94, effective 4/8/94.

Wash. Admin. Code § 434-260-350 Approval of training programs.

All training programs referenced in these rules may be subject to review by the election administration and certification board. Such review shall be only for the purpose of determining whether the training satisfies requirements for certification.

History

Statutory Authority: RCW 29.60.020. WSR 99-12-004, § 434-260-350, filed 5/19/99, effective 6/19/99. WSR 98-08-010, recodified as § 434-260-350, filed 3/18/98, effective 3/18/98. Statutory Authority: RCW 29.60.020. WSR 94-07-018, § 434-60-350, filed 3/8/94, effective 4/8/94.

Chapter 434-261 Counting center procedures.

Wash. Admin. Code § 434-261-005 Definitions.

(1) "Manual inspection" is the process of inspecting each voter response position on each voted ballot. Inspection is performed as part of the initial processing;

(2) "Ballot duplication" is the process of making a true copy of valid votes from a physically damaged ballot or a ballot that is unreadable or uncountable by the tabulation system onto a paper or electronic blank ballot to ensure the ballot may be correctly tabulated by the tabulation system. The original ballot may not be altered. Teams of two or more people working together must duplicate ballots according to voter intent as per WAC 434-261-086. A log of duplicated ballots must be signed by the two or more people who duplicated the ballots;

(3) "Ballot resolution" is the process of making changes on a voted electronic ballot image to ensure the ballot is tabulated according to the voter's intent. The changes must reflect the voter intent as per WAC 434-261-086 and the original ballot may not be altered. Changes must be made by teams of two or more people working together. A log of resolved ballots must be signed by the two or more people resolving the ballots;

(4) "Readable ballot" is any ballot that the certified vote tallying system can accept and read as the voter intended without alteration, and that meets the standards of the county canvassing board subject to the provisions contained in this title;

(5) "Unreadable ballot" is any ballot that cannot be read by the vote tallying system as the voter intended without alteration. Unreadable ballots may subsequently be counted as provided by these administrative rules;

(6) "Valid signature" on a ballot declaration for a registered voter eligible to vote in the election is:

(a) A signature verified against the voter's signature in the voter registration file attesting to the voter registration oath;

(b) A mark witnessed by two people; or

(c) A signature verified against the voter's signature in the voter registration file attesting to the ballot declaration.

(7) "Overvote" is votes cast for more than the permissible number of selections allowed in a race or measure. An overvoted race or measure does not count in the final tally of that race or measure. Example of an overvote would be voting for two candidates in a single race with the instruction, "vote for one";

(8) "Undervote" is no selections made for a race or measure;

(9) "Election observers" means those persons designated by the county political party central committee chairperson to observe the counting of ballots and related elections procedures;

(10) "Seal log" is a log documenting each time a numbered seal is attached or removed from a ballot container. The log must include the seal number, date, and identifying information of persons attaching or removing the seal. Following certification of the election, the seal log must include documentation as to why the seal was removed from a ballot container.

History

Statutory Authority: RCW 29A.04.611. WSR 24-03-053, § 434-261-005, filed 1/10/24, effective 2/10/24
WSR 21-21-001, § 434-261-005, filed 10/6/21, effective 11/6/21. Statutory Authority: RCW 29A.04.611, 29A.24.091, 29A.24.311, 29A.60.021, 29A.60.185, 29A.60.170, 29A.60.110, and 29A.60.235. WSR 19-01-102, § 434-261-005, filed 12/18/18, effective 1/18/19. Statutory Authority: RCW 29A.04.611, 29A.04.620, and 29A.04.630. WSR 11-24-064, § 434-261-005, filed 12/6/11, effective 1/6/12. Statutory Authority: RCW 29A.04.611, 29A.08.420, 29A.24.131, 29A.40.110, 29A.46.020, and 29A.80.041. WSR 10-14-091, § 434-261-005, filed 7/6/10, effective 8/6/10. Statutory Authority: RCW 29A.04.611. WSR 09-18-098, § 434-261-005, filed 9/1/09, effective 10/2/09
WSR 09-12-078, § 434-261-005, filed 5/29/09, effective 6/29/09
WSR 09-03-110, § 434-261-005, filed 1/21/09, effective 2/21/09
WSR 07-24-044, § 434-261-005, filed 11/30/07, effective 12/31/07
WSR 07-09-036, § 434-261-005, filed 4/11/07, effective 5/12/07
WSR 06-23-094, § 434-261-005, filed 11/15/06, effective 12/16/06
WSR 06-11-042, § 434-261-005, filed 5/10/06, effective 6/10/06
WSR 05-17-145, § 434-261-005, filed 8/19/05, effective 9/19/05. Statutory Authority: RCW 29.04.210, 29.36.150. WSR 02-07-029, § 434-261-005, filed 3/12/02, effective 4/12/02. Statutory Authority: RCW 29.04.080 and 29.04.210. WSR 99-08-089, § 434-261-005, filed 4/6/99, effective 5/7/99. Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. WSR 97-21-045, § 434-261-005, filed 10/13/97, effective 11/13/97.

Wash. Admin. Code § 434-261-007 Broken or missing seals.

If a seal is missing or broken without authority, all subsequent steps taken must be documented and included in a report to the canvassing board.

History

Statutory Authority: RCW 29A.04.611. WSR 06-14-050, § 434-261-007, filed 6/28/06, effective 7/29/06.

Wash. Admin. Code § 434-261-010 Counting center location—Direction of proceedings.

The county auditor shall designate a location to serve as the counting center. If that location is other than the county auditor's office or county election office, the auditor shall include the location of the counting center in the published notice of elections. The county auditor shall be responsible for all counting center functions. Within the counting center, no person except those authorized by the county auditor may touch any ballot or ballot container, or operate a vote tallying system. The auditor shall identify either by roster or identification tag, or both, those persons so authorized. The vote tallying process shall be open to the public to the extent that public observation does not interfere with the proceedings or jeopardize the security of the ballots. The auditor shall establish local administrative rules pertaining to public observers including the media and how they may be accommodated and the necessary limitations thereto.

History

Statutory Authority: RCW 29A.04.611, 29A.04.620, and 29A.04.630. WSR 11-24-064, § 434-261-010, filed 12/6/11, effective 1/6/12. Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. WSR 97-21-045, recodified as § 434-261-010, filed 10/13/97, effective 11/13/97. Statutory Authority: RCW 29.04.080 and 29.04.210. WSR 92-10-038, § 434-61-010, filed 5/4/92, effective 6/4/92.

Wash. Admin. Code § 434-261-020 Observers.

Counting center operations shall be observed by at least one representative from each political party, if representatives have been appointed by the respective political parties and those representatives are present while the counting center is in operation.

Prior to processing ballots for a primary or election, the county auditor shall notify the major political parties in writing of the maximum number of official observers allowed to observe ballot processing and the date ballot processing begins. Where more than one observer is appointed, the political party shall designate one of the observers as supervisor. The county auditor may require observers to receive training with respect to ballot processing procedures and the vote tallying system.

Before final assignment as observers, major political party representatives so appointed shall be reviewed by the county auditor, who may refuse to approve any person so appointed. In the event the auditor rejects a person designated, he or she shall promptly notify the political party concerned and request that a substitute observer be appointed, and shall ensure that the substitute observer is trained.

Representatives of the major political parties appointed as observers shall be identified by roster, including assigned observer stations if more than one in the counting center, and by identification tags which will indicate the observer's name and the party represented.

The counting center is under the direction of the county auditor. All observers are authorized to observe the processing of ballots for the current election as defined by WAC 434-250-110. Observers may not touch or record images of voted ballots, challenge signature check decisions, object to decisions to count or not count votes or ballots, or disrupt ballot processing. The county auditor shall provide written rules for observers. The county auditor may require an observer who does not follow the established rules to leave the counting center.

History

Statutory Authority: RCW 29A.04.611. WSR 17-12-090, § 434-261-020, filed 6/6/17, effective 7/7/17. Statutory Authority: RCW 29A.04.611 and 29A.04.620. WSR 16-13-063, § 434-261-020, filed 6/13/16, effective 7/14/16. Statutory Authority: RCW 29A.04.611, 29A.04.620, and 29A.04.630. WSR 11-24-064, § 434-261-020, filed 12/6/11, effective 1/6/12. Statutory Authority: RCW 29A.04.610. WSR 04-15-089, § 434-261-020, filed 7/16/04, effective 8/16/04. Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. WSR 97-21-045, recodified as § 434-261-020, filed 10/13/97, effective 11/13/97. Statutory Authority: RCW 29.04.080 and 29.04.210. WSR 92-10-038, § 434-61-020, filed 5/4/92, effective 6/4/92.

Wash. Admin. Code § 434-261-045 Secure storage.

Secure storage is a container or room that stores voted ballots and electronic data containing voted ballot images. Secure storage must employ the use of numbered seals and logs, or other security measures, that document each individual's access to the voted ballots or voted ballot images, and detect inappropriate access to the secure storage. Voted ballots and voted electronic ballot images must remain in secure storage except during processing, duplication, resolution, inspection by the canvassing board, or tabulation. Unsecured ballots must be accompanied by at least two county auditor staff at all times.

A secure location is a room or other facility where programming and equipment used for ballot tabulation are stored. A secure location must use the same security measures as for voted ballots and voted ballot images.

Use of numbered seals requires:

(1) A seal log that documents the numbers of the seals and the individuals applying or removing seals; and

(2) At least two individuals present when seals are applied or removed. Both must sign the seal log.

Closing of unstaffed ballot boxes must follow WAC 434-250-100. Voted ballots and voted ballot images may only be accessed in accordance with RCW 29A.60.110 and 29A.60.125.

History

Statutory Authority: RCW 29A.04.611. WSR 18-10-003, § 434-261-045, filed 4/19/18, effective 5/20/18
WSR 09-03-110, § 434-261-045, filed 1/21/09, effective 2/21/09
WSR 06-11-042, § 434-261-045, filed 5/10/06, effective 6/10/06. Statutory Authority: RCW 29A.04.611, 29A.04.530. WSR 06-02-028, § 434-261-045, filed 12/28/05, effective 1/28/06.

Wash. Admin. Code § 434-261-046 Alternative identity verification.

The county auditor may conduct initial identity verification by using an alternative verification method approved by the office of the secretary of state in accordance with RCW 29A.40.111.

If the voter's identity is not accepted by the alternative verification method, the county auditor must verify the signature on the ballot return envelope using the standards set forth in WAC 434-261-051 through 434-261-053.

History

Statutory Authority: RCW 29A.04.611 and 29A.40.111. WSR 26-03-015, s 434-261-046, filed 1/9/26, effective 2/9/26.

Wash. Admin. Code § 434-261-047 Alternative identity verification application deadline.

This section addresses the process for submitting an alternative identity verification proposal pursuant to RCW 29A.40.111. An alternative identity verification option may be used only for a 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.

(1) The deadline for a county auditor to submit an alternative identity verification proposal is no later than 104 days before the special election at which the alternative identity verification option would be used.

(2) The office of the secretary of state will provide a response to the county auditor no later than 90 days before the election at which the alternative identity verification option would be used.

(3) For a multicounty special election, the county auditor for each county involved must agree to participate. The proposal must be submitted to the office of the secretary of state by the county auditor for the county with the largest number of voters eligible to participate in the election.

History

Statutory Authority: RCW 29A.04.611 and 29A.40.111. WSR 26-03-015, s 434-261-047, filed 1/9/26, effective 2/9/26.

Wash. Admin. Code § 434-261-048 Alternative identity verification application contents.

In addition to the application requirements in RCW 29A.40.111, the county auditor must include how information about the alternative identity verification method will be targeted to groups with higher rates of ballot rejection and any other groups included in the county's community outreach plan established in accordance with RCW 29A.60.168.

History

Statutory Authority: RCW 29A.04.611 and 29A.40.111. WSR 26-03-015, s 434-261-048, filed 1/9/26, effective 2/9/26.

Wash. Admin. Code § 434-261-049 Alternative identity verification method approval guidelines.

Following the approval of an alternative identity verification method, the office of the secretary of state must issue written guidance that specifies the approved use of the method and conditions of its use. Alternative identity verification methods are only approved for use in the election specified in the proposal.

History

Statutory Authority: RCW 29A.04.611 and 29A.40.111. WSR 26-03-015, s 434-261-049, filed 1/9/26, effective 2/9/26.

Wash. Admin. Code § 434-261-051 Standards for verifying ballot declaration signatures.

(1) This regulation, together with WAC 434-261-052 and 434-261-053, describes the process for verifying that a signature on the ballot declaration is the same as the signature(s) in the voter registration record.

(2) At each stage of the signature verification process, there is a presumption that the signature on the ballot declaration is the voter's signature.

(3) When reviewing ballot declaration signatures, staff assigned to verify signatures shall consider the following criteria:

(a) Agreement in style and general appearance, including basic construction, skill, alignment, fluency, and a general uniformity and consistency between signatures;

(b) Agreement in the proportions of individual letters, characters, or symbols, height to width, and heights of the upper to lower case letters, characters, or symbols;

(d) Agreement of the most distinctive, unusual traits of the signatures;

(e) The ballot declaration signature is in the same format as the signature(s) in the voter registration record, such as in printed or cursive, various languages, pictorial, symbol, or another form;

(f) Agreement of individual characteristics, such as how "t's" are crossed, "i's" are dotted, or loops are made on letters, characters, or symbols;

(g) Agreement of initial strokes and connecting strokes of the signature;

(h) Agreement of similar endings, such as an abrupt end, a long tail, or loop back around;

(i) Agreement of presence or absence of pen lifts;

(j) Agreement in the way names are spelled; and

(k) After considering the general traits, agreement of the most distinctive, unusual traits of the signatures.

(4) If it appears the voter has changed their name, and the information required under RCW 29A.08.440 to complete a name change is not provided or legible, the county auditor shall send the voter a change of name form or voter registration form under RCW 29A.08.440 and direct the voter to complete the form.

(5) When reviewing ballot declaration signatures that appear to contain a discrepancy, staff verifying signatures should accept signatures if the appearance of a discrepancy can reasonably be explained by the following:

(a) A shaky signature that could be health-related or the result of aging;

(b) The voter's use of a variation of the voter's full name, such as the use of initials, including or omitting a middle name, or substituting a middle name for a first name;

(d) A signature written in haste;

(e) A signature in the voter's registration record that was written with a stylus pen or other electronic signature tool, which may result in a thick or fuzzy quality;

(f) A writing surface that was hard, soft, uneven, or unstable;

(g) The voter has a limited history of fewer than three ballots returned; and

(h) Any other reasonable factor.

(6) An agent, including someone acting under a power of attorney, cannot sign a ballot declaration on behalf of their principal.

(7) If a voter signs another voter's ballot declaration, but elections personnel can identify the correct voter, verify that the provided signature matches the signature(s) in the voter registration record and verify that the voter who signed the ballot declaration has not returned another ballot, the signature and the ballot must be accepted for the voter who signed the ballot declaration. The county auditor may only count the races and measures for which the voter who signed the declaration is eligible to vote. If the voter who signed the ballot declaration has previously submitted a ballot, the county auditor shall refer the ballot(s) received after the initially received ballot to the canvassing board. If the ballot was identified by staff on or before election day, the county auditor must attempt to contact the voter to whom the ballot was issued by phone, email, text message, or, if time allows, by mail, and provide the voter a replacement ballot.

(8) All staff verifying ballot declaration signatures must receive training on these signature verification standards before verifying ballot declaration signatures. They must attend the training at least once every two years. This applies to, but is not necessarily limited to, individuals performing the initial review, secondary review, and review of signatures as part of the cure process. Members of the county canvassing board are required to receive training except as exempted by RCW 29A.04.540. The county auditor shall publish on its website the names of all canvassing board members who received training on the statewide standards for signature verification and the date(s) on which the training was completed. The website shall be updated at least 18 days before the next election with the canvassing board members' training date(s).

(9) The canvassing board may designate the county auditor or the county auditor's staff to perform the signature verification function. All personnel assigned to the duty of signature verification shall subscribe to an oath administered by the county auditor regarding the discharge of their duties.

(10) The signature verification process shall be open to the public, subject to reasonable procedures adopted and promulgated by the canvassing board to ensure that order is maintained and to safeguard the integrity of the process.

History

Statutory Authority: RCW 29A.04.611. WSR 24-12-087, § 434-261-051, filed 6/5/24, effective 7/6/24
WSR 24-07-018, § 434-261-051, filed 3/8/24, effective 5/4/24.

Wash. Admin. Code § 434-261-052 Initial and secondary review of ballot declaration signatures.

(1) When conducting an initial review of a ballot declaration signature, the county auditor must accept the signature under the following conditions:

(a) The county auditor must accept the signature unless, considering the criteria in WAC 434-261-051, the signature on the ballot envelope has multiple, significant, and obvious discrepancies from the signature(s) in the voter registration record; or

(b) If the voter is unable to sign their name as they are registered to vote, the signature must be accepted so long as the voter has made a mark or signature stamp, and the ballot declaration includes two witness signatures.

(2) If the signature is not accepted following the initial review, the ballot declaration signature must be referred to a second review.

(a) A different person who has received signature verification training under WAC 434-261-051(8) must conduct the second review of the signature.

(b) If, considering the criteria in WAC 434-261-051, the second reviewer determines that there are multiple, significant, obvious discrepancies from the signature(s) in the voter registration record, the voter must be notified of the process to cure the signature;

(3) The county auditor may conduct additional reviews of ballot declaration signatures that have not yet been accepted. For example, if the county auditor becomes aware of reasonable explanations that should be considered under WAC 434-261-051(5), an additional review may be appropriate.

(4) Even if the ballot declaration signature appears to match the signature(s) in the voter registration record, and notwithstanding any other provision, a ballot may be referred to the canvassing board if there is clear, objective evidence, beyond the signature itself, that a ballot declaration signature is fraudulent. This provision is intended to apply only very rarely, such as in instances of confessed forgery or similar circumstances. A person verifying signatures may refer a ballot declaration signature to the county auditor, and, if satisfied that the standard is met, the county auditor may refer the ballot to the canvassing board. The county auditor and the canvassing board may refer the matter to law enforcement.

(5) The county auditor may conduct the initial signature review by using an automated verification system approved by the secretary of state. If a signature is not accepted by the automated verification system, the county auditor must manually use the process described in this section.

(6) If two ballots are returned in one return envelope, ballots may be accepted in the following manner. In all other circumstances, the ballots must be referred to the canvassing board for rejection.

(a) If there is only one valid signature on the ballot declaration and the races and measures voted are the same on both ballots, the races and measures voted the same on both ballots may be counted once;

(b) If there are two valid signatures on the ballot declaration, both ballots may be counted in their entirety; or

(c) If there is one valid signature on the ballot declaration and the envelope contains one voted ballot and one blank ballot without marked votes, the voted ballot may be counted in its entirety.

History

Statutory Authority: RCW 29A.04.611. WSR 24-12-087, § 434-261-052, filed 6/5/24, effective 7/6/24
WSR 24-07-018, § 434-261-052, filed 3/8/24, effective 5/4/24.

Wash. Admin. Code § 434-261-053 Ballot declaration signature cure process.

(1) If a ballot declaration signature is not accepted following secondary review, the voter used a mark or signature stamp but did not include witnesses, or if the ballot declaration was not signed, the ballot cannot be counted until the voter cures their signature. The voter identified on the ballot return envelope must be notified as soon as practicable, but no later than three business days following receipt, that the signature on the ballot declaration does not match the signature(s) in the voter registration record. The county must notify the voter of the procedure for curing their signature by:

(a) A notice letter package sent by first class mail with a signature update form or a missing signature form. The form must include the ballot declaration required by WAC 434-230-015. The notice letter package must also include a prepaid envelope in which to return a completed signature update or missing signature form. The notice letter must:

(i) Be in substantially the same form as the sample notice letter created by the secretary of state; and

(ii) Be available in all languages required by the Department of Justice.

(b) Telephone, leaving a voicemail if the voter does not answer and voicemail is available (if the voter has provided a phone number);

(d) Email, enclosing a copy of the signature cure form (if the voter has provided an email address).

(2) The voter may cure their ballot signature no later than the close of business the day before the election is certified.

If the voter has not responded to the signature cure notice by five business days before the final meeting of the canvassing board, the county auditor must attempt to notify the voter by:

(a) Telephone, leaving a voicemail if the voter does not answer and voicemail is available (if the voter has provided a phone number);

(b) Text message (if the voter has opted into text message notifications); and

(3) A voter may cure a missing signature by:

(a) Returning a signed missing signature form. The signature on the form must be compared to the signature(s) in the voter registration record using the process described in WAC 434-261-052; or

(b) Appearing in person and signing the ballot declaration. The signature on the ballot declaration must be compared to the signature(s) in the voter registration record using the process described in WAC 434-261-052.

(4) A voter using a mark or signature stamp may cure a failure to have two witnesses attest to the ballot declaration signature by returning a missing signature form. The form must contain the voter's mark or signature stamp and the signatures of two witnesses.

(5) A voter may cure a nonmatching signature by either:

(a) Returning a signature update form or appearing in person and signing a new registration form.

(i) The signature on the form must be compared to the signature on the ballot declaration using the process described in WAC 434-261-052;

(ii) The signature on the form is saved as a new signature in the voter registration record for the current and future elections; or

(b) Providing valid secondary identity verification. The county auditor must verify the secondary identification is for the voter who signed the ballot declaration. Secondary identification may be:

(i) The last four digits of the voter's Social Security number or the voter's full driver's license, instruction permit, or state identicard number;

(ii) Photo identification, valid enrollment card of a federally recognized Indian tribe in Washington state, copy of a current utility bill or current bank statement, copy of a current government check, copy of a current paycheck, or a government document, other than a voter registration card, that shows both the name and address of the voter; or

(iii) A multifactor authentication code, from a system approved by the secretary of state, the county auditor sent to the voter's phone number or email address that has previously been provided by the voter.

If a voter successfully provides secondary identity verification and confirms, orally or in writing, that the voter in fact returned the ballot, the ballot must be accepted unless two persons who have received signature verification training under WAC 434-261-051(8) conclude beyond a reasonable doubt that a person other than the voter signed the ballot declaration. This conclusion may be based on evidence including, but not limited to, other ballots in the same election bearing the same signature.

(6) If the registered voter asserts that the signature on the ballot declaration is not the voter's signature prior to 8:00 p.m. on election day, the voter may be provided the opportunity to vote a provisional ballot, subject to the investigation requirements in RCW 29A.60.195.

(7) If the voter does not successfully cure their signature by close of business the day before certification of the election, the ballot must be sent to the canvassing board.

(8) A record must be kept of the process used to cure ballot envelopes with missing and mismatched signatures. The record must contain the date on which each voter was contacted, the notice was mailed, and the date on which each voter subsequently submitted a signature to cure the missing or mismatched signature.

History

Statutory Authority: RCW 29A.04.611. WSR 25-22-012, s 434-261-053, filed 10/24/25, effective 11/24/25
WSR 24-12-087, § 434-261-053, filed 6/5/24, effective 7/6/24
WSR 24-07-018, § 434-261-053, filed 3/8/24, effective 5/4/24.

Wash. Admin. Code § 434-261-055 Returned ballot lacking verification of identity.

If a voter who is provisionally registered and must still verify his or her identity as part of the registration process casts a ballot without providing adequate identification, the ballot cannot be counted unless the voter provides adequate identification no later than the day before certification of the election.

History

Statutory Authority: RCW 29A.04.611, 29A.04.620, and 29A.04.630. WSR 11-24-064, § 434-261-055, filed 12/6/11, effective 1/6/12. Statutory Authority: RCW 29A.04.611. WSR 07-24-044, § 434-261-055, filed 11/30/07, effective 12/31/07
WSR 07-02-100, § 434-261-055, filed 1/3/07, effective 2/3/07.

Wash. Admin. Code § 434-261-070 Manual inspection of ballots.

(1) All voting positions on voted ballots shall be manually inspected on both sides of the ballot to determine whether the ballot is readable by the vote tabulating system. The county auditor must ensure that write-in votes are tabulated according to RCW 29A.60.021, consistent with the voter's intent. Ballots must be inspected for overvotes, undervotes, and write-in votes prior to tabulation. This manual inspection is a required part of processing ballots.

(2) The state of Washington is a voter intent state. When a voter's choice or intention can be determined, that vote shall be counted. If the manual inspection process detects any physically damaged ballots, unreadable ballots which might not be correctly counted by the tabulating equipment, or marks that differ from those specified in the voting instructions, such ballots may be duplicated or resolved, if necessary, and counted according to the statewide standards on what is a vote, as provided in WAC 434-261-086. The county canvassing board may authorize the county auditor to duplicate ballots that may be unreadable or uncountable by the tabulating system. Write-in votes without a readable mark in the target area must be processed according to the statewide standards on what is a vote found in WAC 434-261-086. The county canvassing board shall make the final determination of voter intent for ballots not addressed in the statewide standards on what is a vote.

History

Statutory Authority: RCW 29A.04.611, 29A.24.091, 29A.24.311, 29A.60.021, 29A.60.185, 29A.60.170, 29A.60.110, and 29A.60.235. WSR 19-01-102, § 434-261-070, filed 12/18/18, effective 1/18/19. Statutory Authority: RCW 29A.04.611. WSR 17-12-090, § 434-261-070, filed 6/6/17, effective 7/7/17. Statutory Authority: RCW 29A.04.611, 29A.04.620, and 29A.04.630. WSR 11-24-064, § 434-261-070, filed 12/6/11, effective 1/6/12. Statutory Authority: RCW 29A.04.611. WSR 07-12-032, § 434-261-070, filed 5/30/07, effective 6/30/07
WSR 06-11-042, § 434-261-070, filed 5/10/06, effective 6/10/06
WSR 05-17-145, § 434-261-070, filed 8/19/05, effective 9/19/05. Statutory Authority: RCW 29A.04.610. WSR 04-15-089, § 434-261-070, filed 7/16/04, effective 8/16/04. Statutory Authority: RCW 29.04.210, 29.36.150. WSR 02-07-029, § 434-261-070, filed 3/12/02, effective 4/12/02. Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. WSR 97-21-045, § 434-261-070, filed 10/13/97, effective 11/13/97.

Wash. Admin. Code § 434-261-075 Votes on something other than a ballot.

If the voter returns voting responses by mail on any form other than a ballot, the votes thereon shall be acceptable and tallied provided that:

(1) Only votes for offices or measures for which the voter is eligible are counted.

(2) The candidate or measure response position for which the voter is voting can be clearly identified.

(3) The ballot issued is not returned, or if returned, contains no marks indicating an attempt to vote it.

(4) A valid signature on a ballot declaration is received with the voting responses.

The votes accepted must then be duplicated to a ballot that can be read by the electronic voting equipment.

Votes on a ballot from a previous primary or election cannot be counted for another primary or election. These ballots must be rejected per WAC 434-262-031.

History

Statutory Authority: RCW 29A.04.611 and 29A.04.620. WSR 16-13-063, § 434-261-075, filed 6/13/16, effective 7/14/16. Statutory Authority: RCW 29A.04.611, 29A.04.620, and 29A.04.630. WSR 11-24-064, § 434-261-075, filed 12/6/11, effective 1/6/12. Statutory Authority: RCW 29A.04.611. WSR 07-12-032, § 434-261-075, filed 5/30/07, effective 6/30/07
WSR 06-14-047, § 434-261-075, filed 6/28/06, effective 7/29/06
WSR 05-17-145, § 434-261-075, filed 8/19/05, effective 9/19/05. Statutory Authority: RCW 29.04.210, 29.36.150. WSR 02-07-029, § 434-261-075, filed 3/12/02, effective 4/12/02.

Wash. Admin. Code § 434-261-086 Statewide standards on what is a vote.

(Effective until January 1, 2027)

(1) Pursuant to 42 U.S.C. § 15481 (a)(6) and Bush v. Gore, 531 U.S. 98 (2000), the following standards determine whether irregular marks on a ballot constitute a valid vote that may be counted.

(a) Target area. Any marks made in the target area shall be counted as valid votes, with the exceptions below. Any marks made outside of the target area shall be valid only if they form a pattern of similar marks as outlined in (b) of this subsection, or qualify as written instructions in (e) of this subsection. Marks that trace or outline the target area are not valid votes unless they form a pattern of similar marks as outlined in (b) of this subsection. The following marks in the target area are exceptions that are not valid votes:

(i) Obvious stray marks;

(ii) Hesitation marks;

(iii) Parts of written notes; and

(iv) Corrected votes, as described in (c) and (e) of this subsection.

(b) Pattern of similar marks. Marks made outside of the target area shall be counted as valid votes as long as those marks form a pattern of similar marks. All races and issues for which the voter has indicated a choice outside the target area must have a similar mark.

(i) Marks made outside of the target area may be counted as valid votes even if one pattern of similar marks is used on one page of the ballot and another pattern of similar marks is used on another page of the ballot.

(ii) Marks made outside of the target area shall be counted as valid votes if one pattern of similar marks is used for measures and another pattern of similar marks is used for candidate races.

(iii) If some marks are in the target area and some are not, but the same type of mark is used, all such marks shall be counted as valid votes.

(iv) If the marks strike through candidate names or ballot measure responses in a pattern of similar marks throughout the ballot, all such marks shall be counted as valid votes.

(v) A mark outside the target area on a ballot that contains only one race or measure is not required to form a pattern.

(i) If the voter has followed the instructions for correcting a vote, the stricken vote shall not be counted.

(ii) If a second choice is marked, it shall be counted as a valid vote. If a second choice is not marked, the race shall be considered undervoted.

(iii) If the voter has marked two target areas and placed an 'X' or slash over one of the marked areas, the choice without the 'X' or slash shall be counted as a valid vote.

(d) Not a correction. If the voter has both marked a choice correctly and placed an 'X' in the same target area, but has not marked a second target, it shall be counted as a valid vote. Changes made by the voter to wording printed on the ballot will not invalidate votes cast for that race or measure.

(e) Written instructions. If the voter has attempted to vote or correct a vote by providing written instruction regarding his or her intent, it shall be counted as the voter instructed. Written instructions can include words, circles, lines, or arrows.

(f) Identifying marks. Marks identifying the voter, such as initials, signatures, or addresses do not disqualify a ballot.

(g) Overvotes. Races or issues that have more target areas marked than are allowed are overvotes. No votes for that race or issue shall be counted. An exception is write-in votes for a candidate already printed on the ballot, as provided in (i) of this subsection.

(h) Write-in: Blank target area. If a name is written on a write-in line, it shall be counted as a valid write-in vote regardless of whether the corresponding target area is marked.

(i) Write-in: Already on the ballot. If the name of a candidate who is already printed on the ballot is written in, that vote shall not be tallied as an overvote, but shall be counted as a valid vote for the printed candidate. This applies even if both target areas are marked or no target areas are marked.

(j) Write-in: Name variations. If a write-in vote is cast for a declared write-in candidate using a commonly recognizable nickname or spelling variation, it shall be counted as a valid vote for that candidate.

(k) Write-in: Blank line. If the write-in target area is marked, but no name is written on the line, it shall not be counted as a valid vote, even though it may be tallied as a write-in vote by the tabulation system.

(l) Write-in: Blank line and candidate. If a candidate's target area is marked, and the write-in target area is marked but no name is written on the line, it shall not be tallied as an overvote, but shall be counted as a valid vote for the printed candidate.

(m) Write-in: Name combinations. If a write-in vote is cast for a candidate with a combination of names already on the ballot, it shall not be counted as a vote for either printed candidate, but rather shall be counted as a valid vote for the name as written.

(n) Write-in: Candidate and write-in response area. If a candidate's target area is marked, the write-in target area is also marked, and something other than that candidate's name is written in the write-in response area, it shall be counted as an overvote and not a valid vote for any candidate. If a candidate's target area is marked and the write-in target area is not marked, it shall be counted as a valid vote for the marked candidate. If the voter's intent cannot be ascertained, the ballot shall be referred to the canvassing board.

(o) Write-in: Not eligible. A write-in vote for a race not appearing on the voter's ballot shall not be counted.

Exception: If a provisional ballot has been cast and the voter has written in an office or measure that is not on the ballot, that vote shall be counted if it is determined, based on the voter's registration, that he or she is eligible to vote for that office or measure.

(p) Write-in: Vote in the wrong place. A write-in vote for a race appearing elsewhere on the ballot shall be counted as a valid vote, as long as all other requirements are fulfilled and the office, position number and political party, if applicable, are clearly indicated.

(q) Messy marks. When otherwise valid votes marked in a target area partially extend into the response area, it shall be counted as a vote if most of the mark is in the target area and intent can easily be discerned.

(r) Pattern of partisan voting. Voter intent in any single contest shall not be determined based on a pattern of partisan voting on the ballot.

Exception: On a federal write-in absentee ballot (FWAB) in which the voter has not written in a candidate's name but has written in the name of a political party, the written instructions may be counted as a vote if the canvassing board can discern that a candidate's party preference is consistent with the voter's instructions. The canvassing board shall not count the instructions as a vote if no candidate's party preference is consistent with the voter's instructions, or if multiple candidates' party preferences are consistent with the voters' instructions.

(s) Anything else. Voter intent on questionable marks not covered by the rules in this manual must be determined by county canvassing boards according to all applicable laws of the state of Washington and the canvassing board manual. Where more than one rule may apply, the county canvassing board has authority to determine which rule is most appropriate.

(2) The secretary of state shall publish an illustrated version of these standards in each optical scan and digital scan voting system used in the state. The secretary of state shall distribute the illustrated version to each county canvassing board and post it on the website.

(3) The secretary of state shall periodically review and update the manual as necessary, and seek input from county canvassing boards and other interested parties to ensure that the standards remain current and comprehensive.

(Effective January 1, 2027)

PDF WAC 434-261-086

Statewide standards on what is a vote.

(1) Pursuant to 52 U.S.C. § 21081 (a)(6) and Bush v. Gore, 531 U.S. 98 (2000), the following standards determine whether irregular marks on a ballot constitute a valid vote that may be counted.

(a) Target area, defined for the purpose of this subsection as the designated area on a ballot in each office or measure's response area where the voter records their choice. Any marks made in the target area shall be counted as valid votes, with the exceptions below.

Any marks made outside of the target area shall be valid only if they form a pattern of similar marks as outlined in (b) of this subsection or qualify as written instructions in (e) of this subsection. Marks that trace or outline the target area are not valid votes unless they form a pattern of similar marks as outlined in (b) of this subsection.

The following marks in the target area are exceptions and not valid votes:

(i) Obvious stray marks;

(ii) Hesitation marks, defined for the purpose of this subsection as a mark similar to resting a pen in the target area or other minimal distinct mark with only incidental movement;

(iii) Parts of written notes; and

(iv) Corrected votes, as described in (c) and (e) of this subsection.

(b) Pattern of similar marks. Marks made outside of the target area shall be counted as valid votes as long as those marks form a pattern of similar marks. All offices and measures for which the voter has indicated a choice outside the target area must have a similar mark.

(ii) Marks made outside of the target area shall be counted as valid votes if one pattern of similar marks is used for offices and another pattern of similar marks is used for measures.

(iii) If some marks are in the target area and some are not, but the same type of mark is used, all such marks shall be counted as valid votes.

(iv) If the marks strike through candidate names or ballot measure responses in a pattern of similar marks throughout the ballot, all such marks shall be counted as valid votes.

(v) A mark outside the target area on a ballot that contains only one office or measure is not required to form a pattern.

(c) Corrected votes. If the voter has followed the instructions for correcting a vote, the stricken vote shall not be counted.

(i) If a second choice is marked, the second choice shall be counted as a valid vote. If a second choice is not marked, the office or measure shall be counted as an undervote.

(ii) If the voter has marked two target areas and placed an 'X' or slash over one of the marked areas, the choice without the 'X' or slash shall be counted as a valid vote.

(d) Not a correction.

(i) If the voter has both marked a choice correctly and placed an 'X' in the same target area, but has not marked a second target, it shall be counted as a valid vote.

(ii) Changes made by the voter to wording printed on the ballot will not invalidate votes cast for that office or measure.

(e) Written instructions. If the voter has attempted to vote or correct a vote by providing written instruction regarding intent, it shall be counted as the voter instructed. Written instructions may include words, circles, lines, or arrows. Written instructions may supplement a pattern of votes established under (b) of this subsection and can be used to indicate the voter's intent.

(f) Identifying marks. Marks identifying the voter, such as initials, signatures, or addresses do not disqualify a ballot.

(g) Overvotes. Offices or measures with more target areas marked than allowed are overvotes. No votes for that office or measure shall be counted. An exception is write-in votes for a candidate already printed on the ballot, as provided in (i) of this subsection.

(h) Write-in: Blank target area. For the purpose of this subsection, a name is any letter, number, linguistic character, or combination thereof. If a name is written on a write-in line, it shall be counted as a valid write-in vote regardless of whether the corresponding target area is marked.

(i) Write-in: Already on the ballot. If the name of a candidate who is already printed on the ballot is written in, that vote shall not be tallied as an overvote and shall be counted as a valid vote for the printed candidate. This applies even if both or no target areas are marked.

(j) Write-in: Name variations.

(i) If a write-in vote is cast for a declared candidate using a commonly recognizable name diminutive or spelling variation, it shall be counted as a valid vote for that candidate. No attempt to vote for a candidate shall be rejected due to the misspelling of a candidate's name, unless it is impossible to clearly determine the voter's intent.

(ii) If the voter's intent cannot be determined based on their spelling of the name, the vote shall be counted as a valid vote for the name as written.

(k) Write-in: Blank line. If the write-in target area is marked, but no name is written on the line, it shall not be counted as a valid vote, even if the tabulation system tallies it as such.

(m) Write-in: Name combinations. If a write-in vote is cast using a combination of names already printed on the ballot, it shall not be counted as a vote for either printed candidate, but rather shall be counted as a valid vote for the name as written.

(n) Write-in: Candidate and write-in response area.

(i) If a candidate's target area is marked, the write-in target area is also marked, and something other than that candidate's name is written in the write-in response area, it shall be counted as an overvote and not a valid vote for any candidate.

(ii) If a candidate's target area is marked and the write-in target area is not marked, it shall be counted as a valid vote for the marked candidate.

(o) Write-in: Not eligible. A write-in vote for an office not appearing on the voter's ballot shall not be counted.

Exception: If a provisional ballot has been cast and the voter has written in an office or measure that is not on the provisional ballot, that vote shall be counted if it is determined, based on the voter's registration, that the voter is eligible to vote for that office or measure.

(p) Write-in: Vote in the wrong place. A write-in vote for an office appearing elsewhere on the ballot shall be counted as a valid vote, as long as all other requirements are fulfilled and the office, position number, and political party, if applicable, are clearly indicated.

(r) Messy marks: Between two target areas. If the voter marks the space between two target areas and does not provide written instruction as to their intent, the office or measure in question shall be counted as an undervote, unless the mark follows a pattern as described in (b) of this subsection and the voter's intent can clearly be determined.

(s) Messy marks: Marking multiple target areas.

(i) A mark extending past one target area into another or multiple target areas shall be counted for the name or response's target area most completely filled in, unless the voter's intent cannot clearly be determined.

(ii) If the voter's intent cannot clearly be determined, the office or measure shall be counted as an overvote.

(t) Pattern of partisan voting. Voter intent in any single contest shall not be determined based on a pattern of partisan voting on the ballot.

Exception: On a federal write-in absentee ballot (FWAB) in which the voter has not written in a candidate's name but has written in the name of a political party, the written instructions may be counted as a vote if the canvassing board can clearly determine that a candidate's party preference is consistent with the voter's instructions. The canvassing board shall not count the instructions as a vote if no candidate's party preference is consistent with the voter's instructions, or if multiple candidates' party preferences are consistent with the voters' instructions.

(u) Anything else. Voter intent on questionable marks not covered by the standards in this rule must be determined by the county canvassing board according to all applicable laws of the state of Washington and the canvassing board manual.

Where more than one standard may apply, the county canvassing board has authority to determine which standard is most appropriate.

(2) The office of the secretary of state shall publish an illustrated version of these standards with examples from each voting system used in the state. The office of the secretary of state shall distribute the illustrated version to each county canvassing board and publish the illustrated version on its website.

(3) The office of the secretary of state shall periodically review and update this rule as necessary and seek input from county canvassing boards and other interested parties to ensure that the standards remain current and comprehensive.

History

Statutory Authority: RCW 29A.04.611. WSR 18-10-003, § 434-261-086, filed 4/19/18, effective 5/20/18
WSR 14-06-040, § 434-261-086, filed 2/26/14, effective 3/29/14
WSR 09-18-098, § 434-261-086, filed 9/1/09, effective 10/2/09
WSR 08-15-052, § 434-261-086, filed 7/11/08, effective 8/11/08
WSR 07-12-032, § 434-261-086, filed 5/30/07, effective 6/30/07.](Effective January 1, 2027) PDF WAC 434-261-086 Statewide standards on what is a vote. (1) Pursuant to 52 U.S.C. § 21081 (a)(6) and Bush v. Gore, 531 U.S. 98 (2000), the following standards determine whether irregular marks on a ballot constitute a valid vote that may be counted.(a) Target area, defined for the purpose of this subsection as the designated area on a ballot in each office or measure's response area where the voter records their choice. Any marks made in the target area shall be counted as valid votes, with the exceptions below.Any marks made outside of the target area shall be valid only if they form a pattern of similar marks as outlined in (b) of this subsection or qualify as written instructions in (e) of this subsection. Marks that trace or outline the target area are not valid votes unless they form a pattern of similar marks as outlined in (b) of this subsection.The following marks in the target area are exceptions and not valid votes:(i) Obvious stray marks
(ii) Hesitation marks, defined for the purpose of this subsection as a mark similar to resting a pen in the target area or other minimal distinct mark with only incidental movement
(iii) Parts of written notes
and(iv) Corrected votes, as described in (c) and (e) of this subsection.(b) Pattern of similar marks. Marks made outside of the target area shall be counted as valid votes as long as those marks form a pattern of similar marks. All offices and measures for which the voter has indicated a choice outside the target area must have a similar mark.(i) Marks made outside of the target area may be counted as valid votes even if one pattern of similar marks is used on one page of the ballot and another pattern of similar marks is used on another page of the ballot.(ii) Marks made outside of the target area shall be counted as valid votes if one pattern of similar marks is used for offices and another pattern of similar marks is used for measures.(iii) If some marks are in the target area and some are not, but the same type of mark is used, all such marks shall be counted as valid votes.(iv) If the marks strike through candidate names or ballot measure responses in a pattern of similar marks throughout the ballot, all such marks shall be counted as valid votes.(v) A mark outside the target area on a ballot that contains only one office or measure is not required to form a pattern.(c) Corrected votes. If the voter has followed the instructions for correcting a vote, the stricken vote shall not be counted.(i) If a second choice is marked, the second choice shall be counted as a valid vote. If a second choice is not marked, the office or measure shall be counted as an undervote.(ii) If the voter has marked two target areas and placed an 'X' or slash over one of the marked areas, the choice without the 'X' or slash shall be counted as a valid vote.(d) Not a correction.(i) If the voter has both marked a choice correctly and placed an 'X' in the same target area, but has not marked a second target, it shall be counted as a valid vote.(ii) Changes made by the voter to wording printed on the ballot will not invalidate votes cast for that office or measure.(e) Written instructions. If the voter has attempted to vote or correct a vote by providing written instruction regarding intent, it shall be counted as the voter instructed. Written instructions may include words, circles, lines, or arrows. Written instructions may supplement a pattern of votes established under (b) of this subsection and can be used to indicate the voter's intent.(f) Identifying marks. Marks identifying the voter, such as initials, signatures, or addresses do not disqualify a ballot.(g) Overvotes. Offices or measures with more target areas marked than allowed are overvotes. No votes for that office or measure shall be counted. An exception is write-in votes for a candidate already printed on the ballot, as provided in (i) of this subsection.(h) Write-in: Blank target area. For the purpose of this subsection, a name is any letter, number, linguistic character, or combination thereof. If a name is written on a write-in line, it shall be counted as a valid write-in vote regardless of whether the corresponding target area is marked.(i) Write-in: Already on the ballot. If the name of a candidate who is already printed on the ballot is written in, that vote shall not be tallied as an overvote and shall be counted as a valid vote for the printed candidate. This applies even if both or no target areas are marked.(j) Write-in: Name variations.(i) If a write-in vote is cast for a declared candidate using a commonly recognizable name diminutive or spelling variation, it shall be counted as a valid vote for that candidate. No attempt to vote for a candidate shall be rejected due to the misspelling of a candidate's name, unless it is impossible to clearly determine the voter's intent.(ii) If the voter's intent cannot be determined based on their spelling of the name, the vote shall be counted as a valid vote for the name as written.(k) Write-in: Blank line. If the write-in target area is marked, but no name is written on the line, it shall not be counted as a valid vote, even if the tabulation system tallies it as such.(l) Write-in: Blank line and candidate. If a candidate's target area is marked, and the write-in target area is marked but no name is written on the line, it shall not be tallied as an overvote, but shall be counted as a valid vote for the printed candidate.(m) Write-in: Name combinations. If a write-in vote is cast using a combination of names already printed on the ballot, it shall not be counted as a vote for either printed candidate, but rather shall be counted as a valid vote for the name as written.(n) Write-in: Candidate and write-in response area.(i) If a candidate's target area is marked, the write-in target area is also marked, and something other than that candidate's name is written in the write-in response area, it shall be counted as an overvote and not a valid vote for any candidate.(ii) If a candidate's target area is marked and the write-in target area is not marked, it shall be counted as a valid vote for the marked candidate.(o) Write-in: Not eligible. A write-in vote for an office not appearing on the voter's ballot shall not be counted.Exception: If a provisional ballot has been cast and the voter has written in an office or measure that is not on the provisional ballot, that vote shall be counted if it is determined, based on the voter's registration, that the voter is eligible to vote for that office or measure.(p) Write-in: Vote in the wrong place. A write-in vote for an office appearing elsewhere on the ballot shall be counted as a valid vote, as long as all other requirements are fulfilled and the office, position number, and political party, if applicable, are clearly indicated.(q) Messy marks. When otherwise valid votes marked in a target area partially extend into the response area, it shall be counted as a vote if most of the mark is in the target area and intent can clearly be determined.(r) Messy marks: Between two target areas. If the voter marks the space between two target areas and does not provide written instruction as to their intent, the office or measure in question shall be counted as an undervote, unless the mark follows a pattern as described in (b) of this subsection and the voter's intent can clearly be determined.(s) Messy marks: Marking multiple target areas.(i) A mark extending past one target area into another or multiple target areas shall be counted for the name or response's target area most completely filled in, unless the voter's intent cannot clearly be determined.(ii) If the voter's intent cannot clearly be determined, the office or measure shall be counted as an overvote.(t) Pattern of partisan voting. Voter intent in any single contest shall not be determined based on a pattern of partisan voting on the ballot.Exception: On a federal write-in absentee ballot (FWAB) in which the voter has not written in a candidate's name but has written in the name of a political party, the written instructions may be counted as a vote if the canvassing board can clearly determine that a candidate's party preference is consistent with the voter's instructions. The canvassing board shall not count the instructions as a vote if no candidate's party preference is consistent with the voter's instructions, or if multiple candidates' party preferences are consistent with the voters' instructions.(u) Anything else. Voter intent on questionable marks not covered by the standards in this rule must be determined by the county canvassing board according to all applicable laws of the state of Washington and the canvassing board manual.Where more than one standard may apply, the county canvassing board has authority to determine which standard is most appropriate.(2) The office of the secretary of state shall publish an illustrated version of these standards with examples from each voting system used in the state. The office of the secretary of state shall distribute the illustrated version to each county canvassing board and publish the illustrated version on its website.(3) The office of the secretary of state shall periodically review and update this rule as necessary and seek input from county canvassing boards and other interested parties to ensure that the standards remain current and comprehensive.[Statutory Authority: RCW 29A.04.611. WSR 26-12-029, s 434-261-086, filed 5/27/26, effective 1/1/27
WSR 18-10-003, § 434-261-086, filed 4/19/18, effective 5/20/18
WSR 14-06-040, § 434-261-086, filed 2/26/14, effective 3/29/14
WSR 09-18-098, § 434-261-086, filed 9/1/09, effective 10/2/09
WSR 08-15-052, § 434-261-086, filed 7/11/08, effective 8/11/08
WSR 07-12-032, § 434-261-086, filed 5/30/07, effective 6/30/07.

Wash. Admin. Code § 434-261-100 Ballot duplication procedures.

(1) If a ballot is damaged, unreadable, uncountable, or unable to be resolved by the tabulation system, a team of two or more people working together must duplicate ballots to reflect the voter's intent according to WAC 434-261-086. A different team of two or more people working together must audit every duplicated ballot to verify the ballots were duplicated correctly. The voter's original ballot may not be altered. The county auditor shall tabulate the duplicate ballot.

If voter intent is not clear, the ballot must be referred to the canvassing board. When duplicating ballots, the county auditor shall take the following steps to create and maintain an audit trail of the action taken:

(a) 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;

(b) A log must be kept of the ballots duplicated, which must at least include:

(i) The control number of each original ballot and the corresponding duplicate ballot;

(ii) The initials of at least two people who participated in the duplication of each ballot; and

(iii) The total number of ballots duplicated.

Original and duplicate ballots must be kept in secure storage at all times, except during duplication, inspection by the canvassing board, or tabulation.

(2) Written procedures shall be established detailing the situations in which ballots may be duplicated. These procedures shall be included as a part of the county canvassing board manual.

(3) If a county uses an automated duplication program, only votes appearing in a human-readable form on the original ballot may be duplicated onto a machine-readable ballot. The human-readable votes on the original ballot must be compared to the votes printed on the duplicated ballot to ensure that the votes are duplicated accurately. If a human-readable version of any races or ballot pages of the original ballot are not returned or available, votes in those races may not be duplicated or counted.

History

Statutory Authority: RCW 29A.04.611, 29A.24.091, 29A.24.311, 29A.60.021, 29A.60.185, 29A.60.170, 29A.60.110, and 29A.60.235. WSR 19-01-102, § 434-261-100, filed 12/18/18, effective 1/18/19. Statutory Authority: RCW 29A.04.611. WSR 14-06-040, § 434-261-100, filed 2/26/14, effective 3/29/14
WSR 05-17-145, § 434-261-100, filed 8/19/05, effective 9/19/05. Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. WSR 97-21-045, § 434-261-100, filed 10/13/97, effective 11/13/97.

Wash. Admin. Code § 434-261-102 Resolving ballots on digital scan vote tallying systems.

In counties tabulating ballots on a digital scan vote tallying system, two staff designated by the auditor's office must resolve each ballot identified as requiring resolution. Staff resolving ballots must have completed training on voter intent rules as outlined in WAC 434-261-086. A log of the resolutions must be printed linking staff conducting the resolutions to the ballots resolved. The log must be signed by the two staff.

History

Statutory Authority: RCW 29A.04.611. WSR 18-10-003, § 434-261-102, filed 4/19/18, effective 5/20/18. Statutory Authority: RCW 29A.04.611, 29A.04.620, and 29A.04.630. WSR 11-24-064, § 434-261-102, filed 12/6/11, effective 1/6/12. Statutory Authority: RCW 29A.04.611. WSR 06-23-094, § 434-261-102, filed 11/15/06, effective 12/16/06
WSR 06-11-042, § 434-261-102, filed 5/10/06, effective 6/10/06.

Wash. Admin. Code § 434-261-106 Manual counting of ballots.

Procedures for manual counting of ballots shall be substantially the same as a manual recount according to chapter 434-264 WAC.

History

Statutory Authority: RCW 29A.04.611, 29A.04.620, and 29A.04.630. WSR 11-24-064, § 434-261-106, filed 12/6/11, effective 1/6/12.

Wash. Admin. Code § 434-261-108 Random check of ballot counting equipment.

When conducting a random check of ballot counting equipment, a county auditor must establish the number of counting boards.

(1) Each board shall be comprised of no less than two members, made up of:

(a) One representative from each of the two major political parties; or

(b) Two staff persons.

(2) Counting boards shall manually count each precinct or batch in the same manner as manual recounts, as described in WAC 434-264-110.

History

Statutory Authority: RCW 29A.04.611 and 29A.60.185. WSR 26-03-014, s 434-261-108, filed 1/9/26, effective 2/9/26. Statutory Authority: RCW 29A.04.611. WSR 14-06-040, § 434-261-108, filed 2/26/14, effective 3/29/14.

Wash. Admin. Code § 434-261-110 Election results anomalies.

Precinct results, showing overvotes and undervotes, shall be inspected by the county canvassing board, or their designees, for anomalies that may indicate problems with the hardware or programming used to tabulate the votes. Anomalies may include, but are not limited to, an abnormal number of overvotes, undervotes, vote distribution, and voter turnout in any precinct, race, or jurisdiction. This inspection shall be completed within two days of the election.

Additionally, these results shall be used in the reconciliation process required in RCW 29A.60.235.

History

Statutory Authority: RCW 29A.04.611, 29A.04.620, and 29A.04.630. WSR 11-24-064, § 434-261-110, filed 12/6/11, effective 1/6/12. Statutory Authority: RCW 29A.04.611. WSR 05-17-145, § 434-261-110, filed 8/19/05, effective 9/19/05. Statutory Authority: RCW 29A.04.610. WSR 05-06-035 and 05-08-065, § 434-261-110, filed 2/25/05 and 3/31/05, effective 3/28/05 and 5/1/05.

Wash. Admin. Code § 434-261-112 Direct recording electronic voting devices (DREs).

Votes recorded on DREs must be uploaded into the ballot tabulation program or duplicated onto paper ballots. The upload or duplication may take place after election day. DRE data storage must remain in secure storage before and after tabulation.

History

Statutory Authority: RCW 29A.04.611. WSR 17-12-090, § 434-261-112, filed 6/6/17, effective 7/7/17.

Wash. Admin. Code § 434-261-114 Definitions.

As used in this rule, unless stated otherwise:

(1) "Audit board" means a team of two people assigned to review voter choices on ballots selected for audit.

(2) "Ballot comparison audit" means a type of risk-limiting audit in which the audit board examines and reports voter markings for a designated contest (or contests) on randomly selected ballots, then compares them to the corresponding cast vote records until the audit results reflect with a strong amount of certainty that the reported tabulation outcome is correct.

(3) "Ballot manifest" means a document that indicates how the ballots are organized and stored, including identification of each batch of ballots by the voting system batch number, as well as the number of ballots in each batch.

(4) "Ballot polling audit" means a type of risk-limiting audit in which the audit board examines and reports voter markings for a designated contest on ballots selected randomly until the audit results reflect with a strong amount of certainty that the reported tabulation outcome is correct.

(5) "Cast vote record" or "CVR" means a record of all voter markings produced by a single voter on a ballot card, presented in electronic form, and is defined as a ballot in accordance with RCW 29A.04.008.

(6) "Random seed" means a number string consisting of at least 20 digits, with each digit selected in order by sequential rolls of a 10-sided die.

(7) "Reported tabulation outcome" means the presumed winning and losing candidates or voting choices of a ballot contest as reflected in preliminary results.

(8) "Unofficial results" means the tabulation results produced by the voting system at a specific point in time that will be used for comparison during the audit process.

(9) "Risk limit" means the largest statistical probability that an incorrect reported tabulation outcome is not detected in a risk-limiting audit.

(10) "Risk-limiting audit" or "RLA" means a post-election audit of votes on paper ballots and voter-verifiable paper audit trail (VVPAT) records that makes use of statistical principles and methods, is designed to limit the risk of certifying an incorrect election outcome, and is conducted in accordance with RCW 29A.60.185.

(11) "Risk-limiting audit tool" or "RLA tool" means the software and user interfaces provided by the secretary of state in order to conduct the risk-limiting audit.

(12) "Target contest" means a contest selected by the secretary of state or county auditor for a risk-limiting audit that will determine whether the risk limit has been met.

History

Statutory Authority: RCW 29A.04.611. WSR 23-20-040, § 434-261-114, filed 9/27/23, effective 10/28/23
WSR 22-12-035, § 434-261-114, filed 5/25/22, effective 6/25/22. Statutory Authority: RCW 29A.04.611, 29A.24.091, 29A.24.311, 29A.60.021, 29A.60.185, 29A.60.170, 29A.60.110, and 29A.60.235. WSR 19-01-102, § 434-261-114, filed 12/18/18, effective 1/18/19.

Wash. Admin. Code § 434-261-115 Risk-limiting audits for county races and measures.

(1) If the county auditor chooses to conduct a post-election risk-limiting audit under RCW 29A.60.185, the auditor must use one of the types of audits listed in RCW 29A.60.185.

(2) At least 45 days prior to a primary or election, a county intending to conduct a risk-limiting audit must notify the secretary of state.

(3) After receiving notice from a county of the intent to conduct a risk-limiting audit and no later than 30 days prior to the primary or election, the secretary of state will establish and publish the risk limit(s) that will apply in risk-limiting audits for that election. The secretary of state may establish different risk limits for ballot comparison audits and ballot polling audits, and for audits of federal, state, and county contests. In ballot comparison audits, the risk limit will not exceed five percent for federal and state contests, and 10 percent for county contests.

(4) The county must maintain an accurate ballot manifest in a form approved by the secretary of state and independent of the voting system.

(5) Counties conducting a ballot comparison audit must verify that the number of individual cast vote records in its cast vote record export equals the aggregate number of ballot cards reflected in the county's ballot manifest at the time the unofficial results are produced.

(6) The county must maintain and document uninterrupted chain-of-custody for each ballot storage container.

(7) If no risk-limiting audit is called for by the secretary of state, the county auditor may choose the date and time of the risk-limiting audit, in coordination with the secretary of state, to begin no later than two days prior to county certification.

Each county conducting a county-level risk-limiting audit must submit as directed by the secretary of state:

(a) The verified ballot manifest; and

(b) Either:

(i) The verified cast vote record export, if conducting a ballot comparison audit; or

(ii) The unofficial results report, showing overvotes, undervotes and the number of valid write-in votes, if conducting a ballot polling audit.

The secretary of state may direct counties to submit additional materials as required to conduct the risk-limiting audit.

(8) If no statewide office appears on the ballot, no later than 5:00 p.m. on the Friday after election day, the county auditor will create a list of potential contests wholly contained within that county using the criteria in (a) through (e) of this subsection, and then randomly select a contest from that list. This will be considered the target contest for the risk-limiting audit. The county auditor will inform the secretary of state which contest has been chosen, and the secretary of state will publish online a complete list of all target contests.

The county auditor will consider at least the following factors in selecting the potential target contests:

(a) Contests that contain two or more positions/candidates;

(b) The geographical scope of the contests;

(d) The closeness of the reported tabulation outcome of the contests; and

(e) The ability of the county staff to complete the audit before the canvass deadline.

(9) In addition to the randomly selected contest(s) and in coordination with the secretary of state's office, counties may choose to conduct a risk-limiting audit of a shared district if all counties represented by the district agree to participate.

(10) No later than 5:00 p.m. on the Friday after election day, the secretary of state will hold a public event to establish a random seed for use with the risk-limiting audit tool. The secretary of state will publish online the random seed after it is established.

(11) Copies of cast vote records used during the risk-limiting audit will be destroyed no later than 10 days following county certification.

History

Statutory Authority: RCW 29A.04.611. WSR 23-20-040, § 434-261-115, filed 9/27/23, effective 10/28/23
WSR 22-12-035, § 434-261-115, filed 5/25/22, effective 6/25/22. Statutory Authority: RCW 29A.04.611, 29A.24.091, 29A.24.311, 29A.60.021, 29A.60.185, 29A.60.170, 29A.60.110, and 29A.60.235. WSR 19-01-102, § 434-261-115, filed 12/18/18, effective 1/18/19.

Wash. Admin. Code § 434-261-116 Risk-limiting audits for state races and measures.

(1) At least 45 days prior to a primary or election, the secretary of state may call for a risk-limiting audit of an office that files with the secretary of state and/or a state measure. The secretary of state shall determine the date and time of the risk-limiting audit.

(2) No later than 30 days prior to the primary or election, the secretary of state will establish and publish the risk limit(s) that will apply in risk-limiting audits for that election. The secretary of state may establish different risk limits for ballot comparison audits and ballot polling audits, and for audits of federal, state, and county contests. In ballot comparison audits, the risk limit will not exceed five percent for federal and state contests, and 10 percent for county contests.

(3) Counties involved in the audit must maintain an accurate ballot manifest in a form approved by the secretary of state and independent of the voting system.

(4) For a ballot comparison audit, counties must verify that the number of individual cast vote records in its cast vote record export equals the aggregate number of ballot cards reflected in the county's ballot manifest at the time the unofficial results are produced.

(5) Counties must maintain and document uninterrupted chain-of-custody for each ballot storage container.

(6) No later than 5:00 p.m. on the day prior to the risk-limiting audit, each county must pause or finish tabulating all ballots cast by voters registered in the county received and ready for counting, and submit as directed by the secretary of state:

(a) The verified ballot manifest; and

(b) Either:

(i) The verified cast vote record export, if conducting a ballot comparison audit; or

(ii) The unofficial results report, showing overvotes, undervotes, and the number of valid write-in votes, if conducting a ballot polling audit.

The secretary of state may direct counties to submit additional materials as required to conduct the risk-limiting audit.

(7) No later than 5:00 p.m. on the Friday after election day, the secretary of state will create a list of potential statewide contests using the criteria in (a) through (e) of this subsection, and then select by lot a statewide contest from that list. The secretary of state will also create for each county a list of potential contests wholly contained within that county using the criteria in (a) through (e) of this subsection and select a contest by lot for each county from that list. These will be considered the target contests for the risk-limiting audit. The secretary of state will publish online a complete list of all target contests.

The secretary of state will consider at least the following factors in selecting the potential target contests:

(a) Contests that contain two or more positions/candidates;

(b) The geographical scope of the contests;

(d) The closeness of the reported tabulation outcome of the contests; and

(e) The ability of the county staff to complete the audit before the canvass deadline.

(8) The county auditor may choose to conduct a risk-limiting audit of the county contest selected in subsection (7) of this section or use another audit method listed in RCW 29A.60.185 to satisfy the audit requirement for their county.

(9) No later than 5:00 p.m. on the Friday after election day, the secretary of state will hold a public event to establish a random seed for use with the risk-limiting audit tool. The secretary of state will publish online the random seed after it is established.

(10) Copies of cast vote records used during the risk-limiting audit will be destroyed no later than 10 days following county certification.

History

Statutory Authority: RCW 29A.04.611. WSR 23-20-040, § 434-261-116, filed 9/27/23, effective 10/28/23
WSR 22-12-035, § 434-261-116, filed 5/25/22, effective 6/25/22
WSR 19-19-033, § 434-261-116, filed 9/11/19, effective 10/12/19. Statutory Authority: RCW 29A.04.611, 29A.24.091, 29A.24.311, 29A.60.021, 29A.60.185, 29A.60.170, 29A.60.110, and 29A.60.235. WSR 19-01-102, § 434-261-116, filed 12/18/18, effective 1/18/19.

Wash. Admin. Code § 434-261-117 Conducting a risk-limiting audit.

County elections staff must locate and retrieve each randomly selected ballot from the appropriate storage container. This process may be observed according to WAC 434-261-020. County elections staff must verify that the seals on the appropriate storage containers are those recorded on the applicable chain-of-custody logs.

(1) The county auditor will determine the number of audit boards needed to perform the audit and assign two people to each audit board. The audit board(s) will review each randomly selected paper ballot and report voter markings or choices in the designated contests using the risk-limiting audit tool or other means specified by the secretary of state. The audit board(s) must complete the audit of all ballots randomly selected for audit within two business days to allow time for additional ballots to be included if a discrepancy is identified in accordance with RCW 29A.60.185(3).

(2) The audit board(s) must interpret voter markings on ballots selected for audit in accordance with WAC 434-261-086. If the audit board members cannot unanimously agree on the voter's intent, they must indicate the inability to agree in the appropriate contest in the risk-limiting audit tool's audit board user interface, or other means specified by the secretary of state.

(3) In order to maintain voter privacy, the secretary of state will review the results of the audit as presented by the risk-limiting audit tool, and post the summary results of the audit online.

(4) If there is a discrepancy in a target contest that exceeds the risk limit, the risk-limiting audit will continue until the risk limit for the target contest is met or until a full hand count results.

The secretary of state may order a full hand recount of a target contest at the secretary's discretion if that decision would be more efficient than multiple iterations of risk-limiting audit processes.

(5) Each audit board participating in a risk-limiting audit must sign, date, and submit to the secretary of state a report of the results of the risk-limiting audit on the approved form within two business days. The report must include any discrepancies found.

History

Statutory Authority: RCW 29A.04.611. WSR 22-12-035, § 434-261-117, filed 5/25/22, effective 6/25/22. Statutory Authority: RCW 29A.04.611, 29A.24.091, 29A.24.311, 29A.60.021, 29A.60.185, 29A.60.170, 29A.60.110, and 29A.60.235. WSR 19-01-102, § 434-261-117, filed 12/18/18, effective 1/18/19.

Wash. Admin. Code § 434-261-118 Risk-limiting audit reports.

At the conclusion of a risk-limiting audit, the county auditor must segregate and seal the materials used during the post-election audit, including copies of all tabulation reports, the audited ballots, and a copy of the audit board report. These materials must be returned to secure storage with the ballots from that election and are subject to the same retention period as the materials for that election.

History

Statutory Authority: RCW 29A.04.611. WSR 22-12-035, § 434-261-118, filed 5/25/22, effective 6/25/22. Statutory Authority: RCW 29A.04.611, 29A.24.091, 29A.24.311, 29A.60.021, 29A.60.185, 29A.60.170, 29A.60.110, and 29A.60.235. WSR 19-01-102, § 434-261-118, filed 12/18/18, effective 1/18/19.

Wash. Admin. Code § 434-261-119 Removal of risk-limiting audit board members.

The county auditor may remove from the audit board any persons who indicate to the county auditor that they cannot or do not wish to serve as audit board members, and/or who, in the judgment of the county auditor, lack the ability to properly serve as audit board members.

History

Statutory Authority: RCW 29A.04.611. WSR 22-12-035, § 434-261-119, filed 5/25/22, effective 6/25/22. Statutory Authority: RCW 29A.04.611, 29A.24.091, 29A.24.311, 29A.60.021, 29A.60.185, 29A.60.170, 29A.60.110, and 29A.60.235. WSR 19-01-102, § 434-261-119, filed 12/18/18, effective 1/18/19.

Wash. Admin. Code § 434-261-120 Referral of questionable ballots to canvassing board.

Whenever counting center personnel has a question about the validity of a ballot or the votes contained on the ballot that they are unable to resolve, the ballot shall be forwarded to the canvassing board for review. The facts giving rise to the question of validity must be noted.

Ballots being held for determination of validity or voter's intent shall be provided the same security as regular voted ballots and shall be kept in a secure area when not being processed.

History

Statutory Authority: RCW 29A.04.611, 29A.04.620, and 29A.04.630. WSR 11-24-064, § 434-261-120, filed 12/6/11, effective 1/6/12. Statutory Authority: RCW 29A.04.611. WSR 06-23-094, § 434-261-120, filed 11/15/06, effective 12/16/06
WSR 05-17-145, § 434-261-120, filed 8/19/05, effective 9/19/05.

Wash. Admin. Code § 434-261-125 Free access system for provisional ballots.

(1) Each county shall establish a free access system, as required by the Help America Vote Act, 52 U.S.C. § 21082 (a)(5)(B), and RCW 29A.60.195 for provisional ballot voters.

(2) The free access system must employ measures to ensure that access is free of cost to the voter and restricted to the individual who cast the ballot, and that the voter's personal information is secure and confidential.

(3) For provisional ballots sent to other counties in the state, the free access system must provide the voter with information as to where the ballot was sent and how to find out if the ballot was counted in that county.

(4) For ballots received from another county, the free access system must provide the voter with information as to whether the ballot was counted and, if not, why. The county may send instructions to the voter on how to access the information.

(5) Provisional ballot disposition information must be available on a county's free access system no later than one week following certification of the election.

History

Statutory Authority: RCW 29A.04.611. WSR 23-15-018, § 434-261-125, filed 7/7/23, effective 8/7/23. Statutory Authority: RCW 29A.04.611, 29A.04.620, and 29A.04.630. WSR 11-24-064, § 434-261-125, filed 12/6/11, effective 1/6/12.

Wash. Admin. Code § 434-261-130 Opening ballot container.

Whenever it is determined there is a need to open all containers to conduct a mandatory or requested recount, or when such action is directed by court order, the containers shall be opened and the security of the ballots verified only by those persons designated to do so, in writing, by the canvassing board.

History

Statutory Authority: RCW 29A.04.611. WSR 05-17-145, § 434-261-130, filed 8/19/05, effective 9/19/05.

Wash. Admin. Code § 434-261-140 Precertification procedures.

Prior to certifying the election, the county auditor shall exercise due diligence to confirm that all returned ballots have been received, processed, and reconciled, and that no ballots have been untabulated erroneously. Due diligence may include:

(1) Rechecking all ballot deposit sites; and

(2) Rechecking ballot storage containers in the ballot processing area, ballot tabulation area, canvassing board area, and vault.

History

Statutory Authority: RCW 29A.04.611. WSR 12-14-074, § 434-261-140, filed 7/2/12, effective 8/2/12.

Chapter 434-262 Canvassing and certification.

Wash. Admin. Code § 434-262-010 Definitions.

As used in this chapter:

(1) "Canvassing" is the process of examining in detail a ballot, groups of ballots, election subtotals, or grand totals to determine the final official returns of a primary, special, or general election, and to safeguard the integrity of the election process.

(2) "County canvassing board" is the body charged by chapter 29A.60 RCW with the duty of canvassing ballots, ruling on the validity of questioned or challenged ballots, verifying all unofficial returns as listed in the auditor's abstract of votes, and producing the official county canvass report; it shall be composed of the county auditor, prosecuting attorney, and chair of the county legislative authority, or their designated representatives, as per RCW 29A.60.140.

History

Statutory Authority: RCW 29A.04.611. WSR 26-12-030, s 434-262-010, filed 5/27/26, effective 6/27/26
WSR 12-14-074, § 434-262-010, filed 7/2/12, effective 8/2/12. Statutory Authority: RCW 29A.04.611, 29A.04.620, and 29A.04.630. WSR 11-24-064, § 434-262-010, filed 12/6/11, effective 1/6/12. Statutory Authority: RCW 29A.04.611. WSR 06-14-046, § 434-262-010, filed 6/28/06, effective 7/29/06
WSR 05-17-145, § 434-262-010, filed 8/19/05, effective 9/19/05. Statutory Authority: RCW 29A.04.610. WSR 04-15-089, § 434-262-010, filed 7/16/04, effective 8/16/04. Statutory Authority: RCW 29.04.080. WSR 03-15-054, § 434-262-010, filed 7/11/03, effective 8/11/03. Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. WSR 97-21-045, recodified as § 434-262-010, filed 10/13/97, effective 11/13/97. Statutory Authority: RCW 29.04.080. WSR 80-15-008 (Order 80-3), § 434-62-010, filed 10/3/80.

Wash. Admin. Code § 434-262-013 Crediting voters.

(1) A voter may not be credited for voting if the ballot was voted after election day, was received later than the day before certification of the election, or will otherwise not be counted.

(2) The crediting of voters in the county election management system must be completed prior to certification of the election.

(3) The reconciliation of voters credited with ballots counted shall be completed prior to certification of the election. The certification must include, but is not limited to, information indicating that the number of ballots counted equals the number of voters credited. If these numbers do not match, the county auditor must take steps to reconcile the numbers and any discrepancies. If the county auditor cannot reconcile the numbers, documentation of steps taken to reconcile and any other applicable information must be included with the official reconciliation.

(4) Changes to the list of registered voters, such as new registrations, transfers, or cancellations, may not be made following a general election until the crediting reconciliation is complete. Correction of errors is allowed.

(5) The county auditor shall make an electronic or paper copy of the list of registered voters immediately following this reconciliation. Following each general election, the county auditor shall use this data to produce the number of voters participating in the election for each taxing district in the county as required by WAC 434-262-017. Once the list is copied and the taxing district voter turnout report is complete, changes to the database may be made.

(6) Following certification of the election, each credited voter's history of voting must be updated in the statewide voter registration database.

History

Statutory Authority: RCW 29A.04.611. WSR 18-10-003, § 434-262-013, filed 4/19/18, effective 5/20/18. Statutory Authority: RCW 29A.04.611, 29A.04.620, and 29A.04.630. WSR 11-24-064, § 434-262-013, filed 12/6/11, effective 1/6/12. Statutory Authority: RCW 29A.04.611, 29A.04.530. WSR 06-02-028, § 434-262-013, filed 12/28/05, effective 1/28/06. Statutory Authority: RCW 29A.04.611. WSR 05-17-145, § 434-262-013, filed 8/19/05, effective 9/19/05.

Wash. Admin. Code § 434-262-015 Canvassing board—Delegation of authority.

The county auditor, prosecuting attorney, and chair of the county legislative authority, or designees as per chapter 29A.60 RCW, shall be responsible for the performance of all duties of the county canvassing board, as set forth in chapters 29A.40 and 29A.60 RCW, and the rules on canvassing adopted by the secretary of state. These duties shall be performed by the members of the board, or they may delegate in writing representatives to perform these duties. This written delegation of authority shall be filed with the county auditor prior to any person undertaking any action on behalf of the board. In no instance may the members of the county canvassing board delegate the responsibility of certifying the returns of any primary or election, of determining the validity of any challenged ballots, or of rejecting ballots. When considering the validity or rejection of ballots, the canvassing board may review the ballots individually, in batches, or as part of a report of ballots presented to the board. In the event the canvassing board concludes that criminal activity may have occurred, the county auditor must refer the ballot and any relevant material to the county sheriff or county prosecuting attorney.

History

Statutory Authority: RCW 29A.04.611. WSR 08-05-120, § 434-262-015, filed 2/19/08, effective 3/21/08
WSR 05-17-145, § 434-262-015, filed 8/19/05, effective 9/19/05. Statutory Authority: RCW 29A.04.610. WSR 04-15-089, § 434-262-015, filed 7/16/04, effective 8/16/04. Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. WSR 97-21-045, § 434-262-015, filed 10/13/97, effective 11/13/97.

Wash. Admin. Code § 434-262-016 Canvassing board meeting—Emergency procedure.

If a county canvassing board member cannot attend a county canvassing board meeting due to an emergency, as defined in the county canvassing board's manual, a designated representative may be appointed according to RCW 29A.60.140. If a designee cannot be appointed, the member may participate in the meeting remotely in accordance with RCW 42.30.230.

(1) When ballots, ballot return envelopes, the signatures on ballot declarations, and signature correction forms are considered during the meeting, the remote member must have access to an online computer application which allows viewing of the considered material. Images of ballots, ballot return envelopes, the signatures on ballot declarations, and signature correction forms cannot be recorded, copied, scanned, emailed, or faxed to a county canvassing board member, nor can a member record the considered material. The computer application is not required if ballots, ballot return envelopes, the signatures on ballot declarations, and signature correction forms are not considered during the meeting.

(2) As per RCW 29A.60.200, all three county canvassing board members or designees must certify the primary or election. If a primary or an election is certified during the meeting where a member or designee is attending remotely, a copy of the certification document must be sent electronically to the remote member. The certification document must be signed in the following manner:

(a) The county canvassing board members or designees physically present at the meeting must sign the certification documentation.

(b) A copy of the certification documentation is sent electronically to the remote member or designee.

(c) The remote member or designee must print the signature page of the certification documentation, sign the page, and return the signed page electronically to the county canvassing board meeting location.

(d) The remote member's or designee's signed signature page is printed and attached to the certification documentation signed by the other members of the county canvassing board, completing the certification documentation.

(3) An emergency meeting of the county canvassing board in accordance with this section is not a valid reason to refuse certification of the primary or election.

History

Statutory Authority: RCW 29A.04.611. WSR 26-12-030, s 434-262-016, filed 5/27/26, effective 6/27/26
WSR 17-12-090, § 434-262-016, filed 6/6/17, effective 7/7/17.

Wash. Admin. Code § 434-262-017 General election turnout for validation of bonds and levies.

Following each general election, the county auditor must determine the number of voters participating in the general election for each taxing district in the county and provide this number to each district. Districts may use that number to determine the number of votes required for bond and levy passage in the next year.

The county auditor is not responsible for determining minimum turnout or yes votes required for ballot measures and shall not determine if ballot measures meet requirements for passage.

History

Statutory Authority: RCW 29A.04.611. WSR 18-10-003, § 434-262-017, filed 4/19/18, effective 5/20/18
WSR 08-05-120, § 434-262-017, filed 2/19/08, effective 3/21/08
WSR 06-14-046, § 434-262-017, filed 6/28/06, effective 7/29/06.

Wash. Admin. Code § 434-262-020 Preliminary abstract of votes.

(1) Prior to the official canvass, the county auditor shall prepare a preliminary abstract of votes for certifying the election, listing the number of registered voters, votes cast, and individual declared write-in candidate tallies required by chapter 29A.60 RCW. The preliminary abstract of votes must list separately for each precinct:

(a) Number of registered voters;

(b) Number of ballots cast;

(d) Votes cast for each candidate;

(e) Total number of write-in votes in each race; and

(f) Total number of overvotes and undervotes in each race.

(2) Pursuant to RCW 29A.60.230, the county auditor may aggregate results or take other necessary steps to maintain the secrecy of ballots.

(3) The county auditor shall inspect the preliminary abstract of votes for errors or anomalies that may affect the results of the election. Correction of any errors or anomalies discovered must be made prior to the official canvass.

History

Statutory Authority: RCW 29A.04.611, 29A.24.091, 29A.24.311, 29A.60.021, 29A.60.185, 29A.60.170, 29A.60.110, and 29A.60.235. WSR 19-01-102, § 434-262-020, filed 12/18/18, effective 1/18/19. Statutory Authority: RCW 29A.04.611. WSR 14-06-040, § 434-262-020, filed 2/26/14, effective 3/29/14. Statutory Authority: RCW 29A.04.611, 29A.04.620, and 29A.04.630. WSR 11-24-064, § 434-262-020, filed 12/6/11, effective 1/6/12. Statutory Authority: RCW 29A.04.611. WSR 07-09-036, § 434-262-020, filed 4/11/07, effective 5/12/07
WSR 06-14-046, § 434-262-020, filed 6/28/06, effective 7/29/06
WSR 05-17-145, § 434-262-020, filed 8/19/05, effective 9/19/05. Statutory Authority: RCW 29A.04.610. WSR 04-15-089, § 434-262-020, filed 7/16/04, effective 8/16/04. Statutory Authority: RCW 29.04.080. WSR 03-15-054, § 434-262-020, filed 7/11/03, effective 8/11/03. Statutory Authority: RCW 29.04.210, 29.36.150. WSR 02-07-028, § 434-262-020, filed 3/12/02, effective 4/12/02. Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. WSR 97-21-045, recodified as § 434-262-020, filed 10/13/97, effective 11/13/97. Statutory Authority: RCW 29.04.080. WSR 80-15-008 (Order 80-3), § 434-62-020, filed 10/3/80.

Wash. Admin. Code § 434-262-025 Canvassing board—Notice of open public meeting.

All activities of the canvassing board shall be open to the public, although the board may limit the number of persons observing any aspect of the process whenever, in the judgment of the board, it is necessary to do so to preserve order and to safeguard the integrity of the process. The canvassing board may adopt and promulgate rules and regulations, not inconsistent with the provisions of this section, to ensure that the process is open to the public and that the procedures themselves are performed by the board free of any outside interference. The auditor shall publish notice of the meetings of the canvassing board.

History

Statutory Authority: RCW 29A.04.611, 29A.04.620, and 29A.04.630. WSR 11-24-064, § 434-262-025, filed 12/6/11, effective 1/6/12. Statutory Authority: RCW 29A.04.611. WSR 05-17-145, § 434-262-025, filed 8/19/05, effective 9/19/05. Statutory Authority: RCW 29A.04.610. WSR 04-15-089, § 434-262-025, filed 7/16/04, effective 8/16/04. Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. WSR 97-21-045, § 434-262-025, filed 10/13/97, effective 11/13/97.

Wash. Admin. Code § 434-262-030 County auditor's abstract of votes.

The county canvassing board shall meet and canvass all ballots. Upon completion of this canvass ten days after a special election, fourteen days after a primary, and twenty-one days after a general election, the county auditor shall present the auditor's abstract of votes, which must include, at a minimum:

(1) The number of registered voters eligible to vote in the election, by precinct;

(2) The number of ballots cast in the election, by precinct;

(3) The votes cast for each race or issue, including write-ins, undervotes, and overvotes, by precinct;

(4) Cumulative vote totals including write-ins, undervotes, and overvotes; and

(5) An aggregate total of votes cast for each declared candidate qualifying for the general election or elected. Individual write-in vote tallies for candidates not meeting the minimum threshold according to chapter 29A.60 RCW shall not be included in the official abstract of votes and results displayed online.

Write-in votes for candidates whose names appear on the ballot for that office should be counted according to WAC 434-261-086.

History

Statutory Authority: RCW 29A.04.611, 29A.24.091, 29A.24.311, 29A.60.021, 29A.60.185, 29A.60.170, 29A.60.110, and 29A.60.235. WSR 19-01-102, § 434-262-030, filed 12/18/18, effective 1/18/19. Statutory Authority: RCW 29A.04.611. WSR 17-12-090, § 434-262-030, filed 6/6/17, effective 7/7/17. Statutory Authority: RCW 29A.04.611 and 29A.04.620. WSR 16-13-063, § 434-262-030, filed 6/13/16, effective 7/14/16. Statutory Authority: RCW 29A.04.611. WSR 12-14-074, § 434-262-030, filed 7/2/12, effective 8/2/12. Statutory Authority: RCW 29A.04.611, 29A.04.620, and 29A.04.630. WSR 11-24-064, § 434-262-030, filed 12/6/11, effective 1/6/12. Statutory Authority: RCW 29A.04.611. WSR 09-12-078, § 434-262-030, filed 5/29/09, effective 6/29/09
WSR 07-12-032, § 434-262-030, filed 5/30/07, effective 6/30/07
WSR 06-14-046, § 434-262-030, filed 6/28/06, effective 7/29/06
WSR 05-17-145, § 434-262-030, filed 8/19/05, effective 9/19/05. Statutory Authority: RCW 29A.04.610. WSR 04-15-089, § 434-262-030, filed 7/16/04, effective 8/16/04. Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. WSR 97-21-045, recodified as § 434-262-030, filed 10/13/97, effective 11/13/97. Statutory Authority: RCW 29.04.080. WSR 80-15-008 (Order 80-3), § 434-62-030, filed 10/3/80.

Wash. Admin. Code § 434-262-031 Rejection of ballots or parts of ballots.

(1) The disposition of provisional ballots is governed by WAC 434-262-032. The county canvassing board must reject any ballot cast by a voter who was not qualified to vote, or for other reasons required by law or administrative rule. A log must be kept of all voted ballots rejected, and must be included in the minutes of each county canvassing board meeting.

(2) Ballots or parts of ballots shall be rejected by the canvassing board in the following instances:

(a) Where a ballot or parts of a ballot are marked in such a way that it is not possible to determine the voter's intent consistent with WAC 434-261-086;

(b) Where the voter has voted for candidates or issues for whom the voter is not entitled to vote;

(d) Where the ballot was created for a prior election;

(e) Where a ballot was submitted with a fraudulent signature; and

(f) Where the ballot declaration signature did not match the signature(s) in the voter registration record, or the signature was missing and the voter did not cure the signature by close of business the day before the election was certified.

(3) If a voter's ballot is rejected in two consecutive primaries, presidential primaries, special elections, or elections due to a mismatched signature, the auditor must contact the voter by:

(a) A notice sent by first class mail with a signature update form and request that the voter update the signature for their voter registration record. The form must include the voter declaration required by RCW 29A.08.230 (subject to the March 15, 2024, Consent Decree entered in Washington State Alliance for Retired Americans v. Hobbs, et al., W.D.WA. Case No. 3-23-CV-06014-TMC). The package must include a prepaid envelope in which to return a completed signature update form. The notice letter must:

(i) Be in substantially the same form as the sample notice letter created by the secretary of state; and

(ii) Be available in all languages required by the Department of Justice.

(b) Telephone, leaving a voicemail if the voter does not answer and voicemail is available (if the voter provided a phone number);

(d) Email, enclosing a copy of the signature update form (if the voter has provided an email address).

History

Statutory Authority: RCW 29A.04.611. WSR 24-12-087, § 434-262-031, filed 6/5/24, effective 7/6/24
WSR 24-07-018, § 434-262-031, filed 3/8/24, effective 5/4/24
WSR 20-13-043, § 434-262-031, filed 6/10/20, effective 7/11/20
WSR 19-12-115, § 434-262-031, filed 6/5/19, effective 7/6/19. Statutory Authority: RCW 29A.04.611 and 29A.04.620. WSR 16-13-063, § 434-262-031, filed 6/13/16, effective 7/14/16. Statutory Authority: RCW 29A.04.611. WSR 14-06-040, § 434-262-031, filed 2/26/14, effective 3/29/14. Statutory Authority: RCW 29A.04.611, 29A.04.620, and 29A.04.630. WSR 11-24-064, § 434-262-031, filed 12/6/11, effective 1/6/12. Statutory Authority: RCW 29A.04.611. WSR 09-12-078, § 434-262-031, filed 5/29/09, effective 6/29/09
WSR 08-15-052, § 434-262-031, filed 7/11/08, effective 8/11/08
WSR 07-20-074, § 434-262-031, filed 10/1/07, effective 11/1/07
WSR 07-02-100, § 434-262-031, filed 1/3/07, effective 2/3/07
WSR 06-14-049, § 434-262-031, filed 6/28/06, effective 7/29/06
WSR 05-17-145, § 434-262-031, filed 8/19/05, effective 9/19/05.

Wash. Admin. Code § 434-262-032 Provisional ballots—Disposition.

Upon receipt of the provisional ballot, including provisional ballots from other counties or states, the county auditor must investigate the circumstances surrounding the provisional ballot prior to certification of the primary or election. A voted ballot received from an unregistered voter, other than a service, overseas, or conditionally registered voter, is considered a provisional ballot. A provisional ballot cannot be counted unless the voter's name, signature and the date of birth, if available, matches a voter registration record. Once the provisional ballot has been investigated, disposition of the ballot is as follows:

(1) If the voter was previously registered, their voter registration was later canceled, and the auditor determines that the cancellation was in error, the voter's registration must be immediately restored and the provisional ballot counted.

(2) If the voter was previously registered, their voter registration was later canceled, and the auditor determines that the cancellation was not in error, register the voter and count the ballot.

(3) If a registered voter has voted a ballot for a previous address, the auditor must ensure that only those votes for the positions and measures for which the voter was eligible to vote are counted.

(4) If the voter is registered in another county, the auditor shall immediately forward the ballot to the elections official for the jurisdiction in which the voter is registered. The provisional ballot must be forwarded within seven calendar days after a primary or special election and 14 calendar days after a general election, and as soon as possible if past that date.

(5) If the voter voted a regular ballot and a provisional ballot, the provisional ballot is not counted if the regular ballot has already been counted. The regular ballot is not counted if the provisional ballot has already been counted.

(6) If the voter voted a provisional ballot because the voter failed to produce identification at a voting center, the ballot is counted if the signature on the envelope matches the signature in the voter registration record, using the standards and processes set forth in WAC 434-261-051 through 434-261-053.

(7) If the voter voted a provisional ballot because the voter is provisionally registered and the voter's registration record is still flagged as requiring verification of identity, the provisional ballot is not counted.

(8) Provisional ballots voted for reasons not covered by this section or state statute must be determined by the county canvassing board.

History

Statutory Authority: RCW 29A.04.611. WSR 24-07-018, § 434-262-032, filed 3/8/24, effective 5/4/24
WSR 19-12-115, § 434-262-032, filed 6/5/19, effective 7/6/19. Statutory Authority: RCW 29A.04.611 and 29A.04.620. WSR 16-13-063, § 434-262-032, filed 6/13/16, effective 7/14/16. Statutory Authority: RCW 29A.04.611, 29A.04.620, and 29A.04.630. WSR 11-24-064, § 434-262-032, filed 12/6/11, effective 1/6/12.

Wash. Admin. Code § 434-262-036 Canvassing procedure for ballot of a protected records voter.

If the ballot of a protected records voter must be presented to the county canvassing board, the canvassing board must review the ballot in private executive session or take other necessary steps to ensure the privacy of the protected records voter.

History

Statutory Authority: RCW 29A.04.611. WSR 09-03-110, § 434-262-036, filed 1/21/09, effective 2/21/09.

Wash. Admin. Code § 434-262-040 Verification of auditor's abstract of votes.

The county canvassing board shall examine the auditor's abstract of votes and shall verify that all of the precinct ballot totals have been included in the abstract, and that the subtotals and county-wide totals for registered voters and votes cast are an accurate reflection of the sum of those precinct ballot totals.

History

Statutory Authority: RCW 29A.04.611, 29A.04.620, and 29A.04.630. WSR 11-24-064, § 434-262-040, filed 12/6/11, effective 1/6/12. Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. WSR 97-21-045, recodified as § 434-262-040, filed 10/13/97, effective 11/13/97. Statutory Authority: RCW 29.04.080. WSR 80-15-008 (Order 80-3), § 434-62-040, filed 10/3/80.

Wash. Admin. Code § 434-262-050 Errors or discrepancies discovered during the verification of the auditor's abstract of votes.

(1) If the county canvassing board, during the verification process, discovers that errors or discrepancies exist in the auditor's abstract of votes, the board shall investigate those errors or discrepancies. They shall be empowered to take whatever corrective steps a majority of the board deems necessary, including changing or modifying the auditor's abstract of votes if the error or discrepancy is discovered in that document. The canvassing board may proceed to verify votes cast on other measures or races if a majority of the board believes that the nature of the errors or discrepancies discovered warrant further action on their part.

(2) Changes in the results of an election following a recount are not considered errors or discrepancies.

History

Statutory Authority: RCW 29A.04.611, 29A.04.530. WSR 06-02-028, § 434-262-050, filed 12/28/05, effective 1/28/06. Statutory Authority: RCW 29A.04.611. WSR 05-17-145, § 434-262-050, filed 8/19/05, effective 9/19/05. Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. WSR 97-21-045, recodified as § 434-262-050, filed 10/13/97, effective 11/13/97. Statutory Authority: RCW 29.04.080. WSR 80-15-008 (Order 80-3), § 434-62-050, filed 10/3/80.

Wash. Admin. Code § 434-262-060 Documentation of corrective action taken.

If the canvassing board decides to take corrective action with respect to errors or discrepancies described in WAC 434-262-050, the canvassing board shall prepare a written narrative of the errors or discrepancies discovered, the cause of those errors, if known, and the corrective action taken. Each member of the canvassing board must sign the written narrative and must initial the auditor's abstract of votes if it is altered or modified by the canvassing board.

History

Statutory Authority: RCW 29A.04.611, 29A.04.530. WSR 06-02-028, § 434-262-060, filed 12/28/05, effective 1/28/06. Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. WSR 97-21-045, recodified as § 434-262-060, filed 10/13/97, effective 11/13/97. Statutory Authority: RCW 29.04.080. WSR 80-15-008 (Order 80-3), § 434-62-060, filed 10/3/80.

Wash. Admin. Code § 434-262-070 Official county canvass report.

(1) Upon completion of the verification of the auditor's abstract of votes and the documentation of any corrective action taken, the county canvassing board shall sign a certification that:

(a) States the abstract is a full, true, and correct representation of the votes cast for the offices and measures listed thereon;

(b) Provides the total number of registered voters and votes cast in the county;

(c) Contains the oath required by RCW 29A.60.200, signed by the county auditor and attested to by the chair of the county legislative authority or designee who administered the oath; and

(d) Shall have a space where the official seal of the county shall be attached.

(2) The official county canvass report shall include:

(a) The certification;

(b) The auditor's abstract of votes as described in WAC 434-262-030. This report may not be subsequently amended or altered, except in the event a recount conducted pursuant to chapter 29A.64 RCW, or upon court order. The vote totals therein shall constitute the official returns of that primary or election; and

(3) The certification shall be signed by all members of the county canvassing board or their designees.

(4) In the event that a member or members of the county canvassing board or their designees refuse to sign the official certification of the results of a primary or election without cause, the board member(s) must provide a written narrative with examples. The written narrative must explain why one or more members refused to certify the results of the primary or election and may also include a statement or statements from board members who would certify the results.

(5) The official county canvass report, or in lieu of the report, written narrative as to why the primary or election has not been certified, must be submitted for every primary and election to the office of the secretary of state immediately after the primary or election was certified, as per RCW 29A.60.190 and 29A.60.230.

(6) Failure to certify the returns, if they can be ascertained with reasonable certainty, may be considered a violation of RCW 29A.84.720. For purposes of RCW 29A.60.200, a refusal to certify the results of a primary or election is "without cause" if the office of the secretary of state determines the reason(s) provided in the written narrative:

(a) Are not supported by the credible testimony of knowledgeable witnesses, provided under penalty of perjury;

(b) Challenge the legality of any votes without reasonable evidence of illegality; or

(7) The county auditor must prepare a reconciliation report for every primary and election as required by RCW 29A.60.235 and state rule, and submit the complete report as directed by the office of the secretary of state. The office of the secretary of state shall review the reconciliation report for each county auditor and work with the county auditor to resolve discrepancies. If a discrepancy is resolved, the county auditor shall submit a correct reconciliation report to the office of the secretary of state seven days following the certification of the election. The corrected report then becomes the official reconciliation report for that election. The county auditor shall post the corrected report on the county auditor website.

History

Statutory Authority: RCW 29A.04.611. WSR 26-12-030, s 434-262-070, filed 5/27/26, effective 6/27/26
WSR 21-21-001, § 434-262-070, filed 10/6/21, effective 11/6/21
WSR 20-14-035, § 434-262-070, filed 6/24/20, effective 7/25/20. Statutory Authority: RCW 29A.04.611 and 29A.04.620. WSR 16-13-063, § 434-262-070, filed 6/13/16, effective 7/14/16. Statutory Authority: RCW 29A.04.611. WSR 14-06-040, § 434-262-070, filed 2/26/14, effective 3/29/14
WSR 12-14-074, § 434-262-070, filed 7/2/12, effective 8/2/12. Statutory Authority: RCW 29A.04.611, 29A.04.620, and 29A.04.630. WSR 11-24-064, § 434-262-070, filed 12/6/11, effective 1/6/12. Statutory Authority: RCW 29A.04.610. WSR 04-15-089, § 434-262-070, filed 7/16/04, effective 8/16/04. Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. WSR 97-21-045, recodified as § 434-262-070, filed 10/13/97, effective 11/13/97. Statutory Authority: RCW 29.04.080. WSR 80-15-008 (Order 80-3), § 434-62-070, filed 10/3/80.

Wash. Admin. Code § 434-262-080 Transmittal of county canvass report to the secretary of state.

Immediately following the certification of the returns of any primary, special, or general election in which state measures, federal or state offices, or legislative or judicial offices whose jurisdiction encompasses more than one county appeared on the ballot, the county auditor must transmit a copy of the official county canvass report to the secretary of state by electronic means.

History

Statutory Authority: RCW 29A.04.611, 29A.04.620, and 29A.04.630. WSR 11-24-064, § 434-262-080, filed 12/6/11, effective 1/6/12. Statutory Authority: RCW 29A.04.611, 29A.04.530. WSR 06-02-028, § 434-262-080, filed 12/28/05, effective 1/28/06. Statutory Authority: RCW 29A.04.611. WSR 05-17-145, § 434-262-080, filed 8/19/05, effective 9/19/05. Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150. WSR 00-10-010, § 434-262-080, filed 4/21/00, effective 5/22/00. Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. WSR 97-21-045, recodified as § 434-262-080, filed 10/13/97, effective 11/13/97. Statutory Authority: RCW 29.04.080. WSR 80-15-008 (Order 80-3), § 434-62-080, filed 10/3/80.

Wash. Admin. Code § 434-262-090 Receipt of county canvass report by secretary of state.

The secretary of state shall ensure that all material required to be submitted pursuant to state law and these regulations has been included in the copy of the county canvass report transmitted to his or her office. In the event the secretary of state determines that the report is incomplete, he or she shall notify the county auditor of that fact and shall request that the missing part be forwarded immediately. No county canvass report shall be considered complete for acceptance by the secretary of state until all of the material required by statute and regulation has been received by the secretary of state.

History

Statutory Authority: RCW 29A.04.611, 29A.04.620, and 29A.04.630. WSR 11-24-064, § 434-262-090, filed 12/6/11, effective 1/6/12. Statutory Authority: RCW 29A.04.611. WSR 05-17-145, § 434-262-090, filed 8/19/05, effective 9/19/05. Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. WSR 97-21-045, recodified as § 434-262-090, filed 10/13/97, effective 11/13/97. Statutory Authority: RCW 29.04.080. WSR 80-15-008 (Order 80-3), § 434-62-090, filed 10/3/80.

Wash. Admin. Code § 434-262-100 Canvass of returns by the secretary of state—Powers and duties.

Upon receipt of a complete copy of the county canvass report from a county auditor, the secretary of state shall proceed to include the results from that abstract in the official canvass of the primary, special, or general election. This shall be accomplished by adding the certified returns from each county abstract of votes in order to determine the final results for those offices and issues he or she is required by law to certify. The secretary of state shall accept the official abstract of votes from each county as being full, true, and correct in all respects. The secretary of state may include in the official canvass, a narrative which details or describes any apparent discrepancies discovered during the canvassing procedure, and may notify the county or counties involved of such discrepancies.

History

Statutory Authority: RCW 29A.04.611, 29A.04.620, and 29A.04.630. WSR 11-24-064, § 434-262-100, filed 12/6/11, effective 1/6/12. Statutory Authority: RCW 29A.04.611. WSR 05-17-145, § 434-262-100, filed 8/19/05, effective 9/19/05. Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. WSR 97-21-045, recodified as § 434-262-100, filed 10/13/97, effective 11/13/97. Statutory Authority: RCW 29.04.080. WSR 80-15-008 (Order 80-3), § 434-62-100, filed 10/3/80.

Wash. Admin. Code § 434-262-105 Audit of results of votes cast on direct recording electronic device.

In an audit, the county auditor must compare the paper records with the electronic results cast on the direct recording electronic devices.

(1) The audits required by RCW 29A.60.185 must use the same three races or issues, randomly selected by lot, for every direct recording electronic device subject to the audit and utilized in the election. If there are not three countywide races or issues on the ballot, the county must select the maximum number of contests available but no more than three contests from each of the devices randomly selected for the audit.

(2) Only races and issues with more than ten votes cast on all direct recording electronic devices in the county may be selected for the audit. If the county does not have such a contest, it must not conduct the audit of paper records required by RCW 29A.60.185.

(3) Counties that utilized more than one direct recording electronic device in the primary or election must randomly select the devices until the aggregate total of votes cast in each selected contest is greater than ten. The devices must also be aggregated until the number of devices selected meets the minimum required by RCW 29A.60.185.

(4) Written procedures to perform audits of direct recording electronic devices as outlined in RCW 29A.60.185 and to resolve discrepancies identified in the audit must be promulgated by the county auditor.

(a) The procedures must provide for a process of randomly selecting by lot the direct recording electronic devices that will be audited.

(b) The procedures for manually tabulating results must be conducted using a process that includes the following elements:

(i) A continuous paper record must be utilized; the paper record must not be cut into separate individual records;

(ii) If a paper record indicates a ballot has been canceled, that ballot must be exempt from the audit; and

(iii) If the paper records are incomplete, the ballot images stored on the direct recording electronic device must be printed and then compared to the electronic results recorded on the direct recording electronic device.

(5) If there is a discrepancy between the electronic results and the paper record results, the canvassing board must take necessary actions to investigate and resolve the discrepancy. The canvassing board must prepare a public report that outlines the discrepancy and how it was resolved. The results as determined by the canvassing board must replace the electronic results in the official certification.

(6) If there is a discrepancy that cannot be resolved:

(a) The secretary of state must be notified immediately; and

(b) The vendor must be notified and required to provide a satisfactory explanation for the discrepancy within thirty days.

(7) The aggregate total of paper records counted manually is subject to public disclosure.

History

Statutory Authority: RCW 29A.04.611. WSR 07-20-074, § 434-262-105, filed 10/1/07, effective 11/1/07
WSR 07-09-036, § 434-262-105, filed 4/11/07, effective 5/12/07
WSR 05-24-040, § 434-262-105, filed 11/30/05, effective 12/31/05.

Wash. Admin. Code § 434-262-110 Certification of primary returns by the secretary of state.

Pursuant to RCW 29A.60.240, upon completion of the canvass of each county auditor's abstract of votes and no later than seventeen days following the primary, the secretary of state shall certify to the appropriate county auditors the returns for all state ballot measures, federal and statewide offices, and those legislative and judicial offices whose jurisdiction encompasses more than one county. In the event the secretary of state is unable to certify all or part of a primary election seventeen days following that primary because he or she has not received a copy of a county canvass report from one or more counties, or because there are discrepancies on a received report, he or she shall certify the state ballot measures and candidates for which completed abstracts have been received, and provide reasons which render him or her unable to certify the entire primary. The certification of the remainder of the primary shall take place when all outstanding county canvass reports have been received and filed.

History

Statutory Authority: RCW 29A.04.611, 29A.04.620, and 29A.04.630. WSR 11-24-064, § 434-262-110, filed 12/6/11, effective 1/6/12. Statutory Authority: RCW 29A.04.611. WSR 05-17-145, § 434-262-110, filed 8/19/05, effective 9/19/05. Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150. WSR 00-10-010, § 434-262-110, filed 4/21/00, effective 5/22/00. Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. WSR 97-21-045, recodified as § 434-262-110, filed 10/13/97, effective 11/13/97. Statutory Authority: RCW 29.04.080. WSR 80-15-008 (Order 80-3), § 434-62-110, filed 10/3/80.

Wash. Admin. Code § 434-262-120 Certification of general election returns by the secretary of state.

Pursuant to RCW 29A.60.250, upon completion of the canvass of each county's abstract of votes and no later than thirty days following a general election, the secretary of state shall certify to the governor, president of the senate, and speaker of the house of representatives the returns for all state ballot measures, federal and statewide offices, and those legislative and judicial offices whose jurisdiction encompasses more than one county. In the event the secretary of state is unable to certify all or part of a general election thirty days following that election because he or she has not received a copy of a county canvass report from one or more counties, or because there are discrepancies on a received report, he or she shall certify the state ballot measures and candidates for which completed abstracts have been received. The secretary of state shall also set forth, by letter to the governor, president of the senate, and speaker of the house of representatives those reasons which render him or her unable to certify the entire election. The certification of the remainder of the election shall take place when all outstanding county canvass reports have been received.

History

Statutory Authority: RCW 29A.04.611, 29A.04.620, and 29A.04.630. WSR 11-24-064, § 434-262-120, filed 12/6/11, effective 1/6/12. Statutory Authority: RCW 29A.04.611. WSR 05-17-145, § 434-262-120, filed 8/19/05, effective 9/19/05. Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150. WSR 00-10-010, § 434-262-120, filed 4/21/00, effective 5/22/00. Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. WSR 97-21-045, recodified as § 434-262-120, filed 10/13/97, effective 11/13/97. Statutory Authority: RCW 29.04.080. WSR 80-15-008 (Order 80-3), § 434-62-120, filed 10/3/80.

Wash. Admin. Code § 434-262-130 Certification of special primaries and special elections.

Insofar as practicable, the procedures governing the certification of special primaries by the secretary of state shall be the same as those governing the certification of primaries, and the procedures governing the certification of special elections shall be the same as those governing general elections.

History

Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. WSR 97-21-045, recodified as § 434-262-130, filed 10/13/97, effective 11/13/97. Statutory Authority: RCW 29.04.080. WSR 80-15-008 (Order 80-3), § 434-62-130, filed 10/3/80.

Wash. Admin. Code § 434-262-132 Multicounty candidate races.

When a write-in candidate files a declaration in a multicounty jurisdiction, the filing officer shall notify the affected counties. The filing officer must combine the write-in totals from all affected counties to determine if the total write-in votes must be tallied for individual candidates as per chapter 29A.60 RCW. If votes must be tallied, the officer must immediately notify the affected counties.

With the exception of certificates of election issued in accordance with RCW 29A.52.360 and 29A.52.370, the filing officer must collect and combine the certified results from the county canvassing boards in order to issue a certificate of election for candidates in multicounty jurisdictions.

History

Statutory Authority: RCW 29A.04.611, 29A.24.091, 29A.24.311, 29A.60.021, 29A.60.185, 29A.60.170, 29A.60.110, and 29A.60.235. WSR 19-01-102, § 434-262-132, filed 12/18/18, effective 1/18/19. Statutory Authority: RCW 29A.04.611. WSR 07-20-074, § 434-262-132, filed 10/1/07, effective 11/1/07.

Wash. Admin. Code § 434-262-133 Election results for multicounty local ballot measures.

In a local ballot measure election for a multicounty jurisdiction, the county auditor from the county with the greatest number of registered voters in the jurisdiction must combine the final results for that ballot measure from all relevant counties.

History

Statutory Authority: RCW 29A.04.611. WSR 07-20-074, § 434-262-133, filed 10/1/07, effective 11/1/07.

Wash. Admin. Code § 434-262-160 Write-in-voting—Voter intent.

(1) In all cases of write-in votes the canvassing board shall exercise all reasonable efforts to determine the voter's intent.

The board shall determine if votes with name and spelling variations are votes for a declared write-in candidate.

(2) If a declared write-in candidate qualifies as one of the top two candidates in the primary, the party preference stated on the write-in declaration of candidacy, if any, shall be printed on the general election ballot.

History

Statutory Authority: RCW 29A.04.611, 29A.24.091, 29A.24.311, 29A.60.021, 29A.60.185, 29A.60.170, 29A.60.110, and 29A.60.235. WSR 19-01-102, § 434-262-160, filed 12/18/18, effective 1/18/19. Statutory Authority: RCW 29A.04.611. WSR 08-15-052, § 434-262-160, filed 7/11/08, effective 8/11/08. Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. WSR 97-21-045, recodified as § 434-262-160, filed 10/13/97, effective 11/13/97. Statutory Authority: 1990 c 59. WSR 92-12-083, § 434-62-160, filed 6/2/92, effective 7/3/92.

Wash. Admin. Code § 434-262-200 Retention of records.

All records and materials are to be maintained for a period of sixty days after certification of each election. Where the election involves federal offices the records and material must be kept for twenty-two months from the date of the election.

History

Statutory Authority: RCW 29A.04.611. WSR 08-05-120, § 434-262-200, filed 2/19/08, effective 3/21/08. Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. WSR 97-21-045, recodified as § 434-262-200, filed 10/13/97, effective 11/13/97. Statutory Authority: 1990 c 59. WSR 92-12-083, § 434-62-200, filed 6/2/92, effective 7/3/92.

Chapter 434-263 Administrative complaint procedure.

Wash. Admin. Code § 434-263-005 Purpose.

The purpose of these rules is to adopt an administrative complaint procedure mandated by 52 U.S.C. § 21112, relating only to state implementation of Title III of the Help America Vote Act of 2002, Public Law 107-252, 116 Stat. 1666 (2002), for both state and federal elections. This process may not be used for the purpose of contesting the results of any primary or election. Election contests are governed by chapter 29A.68 RCW.

History

Statutory Authority: RCW 29A.04.611. WSR 23-15-018, § 434-263-005, filed 7/7/23, effective 8/7/23. Statutory Authority: RCW 29A.04.610. WSR 04-16-037, § 434-263-005, filed 7/27/04, effective 8/27/04.

Wash. Admin. Code § 434-263-010 Definitions.

For purposes of this chapter, the following terms shall have the following meanings:

(1) "Complainant" means the person who files a complaint under this chapter.

(2) "Election" means a special, primary or general election.

(3) "Respondent" means any state or local election official whose actions are asserted, in a complaint under this chapter, to be in violation of Title III.

(4) "Secretary" means the secretary of state or his or her designee.

(5) "State or local election official" means the secretary of state, any county auditor, or any person employed by either the secretary or an auditor whose responsibilities include or directly relate to the administration of any election.

(6) "Title III" means Title III of the Help America Vote Act of 2002, Public Law 107-252, 116 Stat. 1666 (2002), codified at 52 U.S.C. §§ 21081-21102. Violations include, but are not limited to, voting system standards, provisional voting, accessibility for individuals with disabilities, and voter registration.

History

Statutory Authority: RCW 29A.04.611. WSR 23-15-018, § 434-263-010, filed 7/7/23, effective 8/7/23. Statutory Authority: RCW 29A.04.610. WSR 04-16-037, § 434-263-010, filed 7/27/04, effective 8/27/04.

Wash. Admin. Code § 434-263-020 Complaints.

Any person who believes that there is a violation of any provision of Title III, including a violation which has occurred, is occurring, or is about to occur, by any state or local election official may file a complaint with the secretary under this chapter. All complaints must:

(1) Be in writing, sworn under oath, signed and notarized. A form is optional if it contains all the required elements;

(2) Include the complainant's name, telephone number and mailing address;

(3) Include a clear and concise description of the alleged violation of Title III that is detailed enough to let both the respondent and the secretary know what the complaint is about;

(4) Be filed with the secretary, with proof of mailing or delivery of a copy to each respondent, no later than thirty days after the certification of the election at issue.

(5) If a form is provided by the office of the secretary of state, the form shall be available in all languages required by the department of justice.

History

Statutory Authority: RCW 29A.04.610. WSR 04-16-037, § 434-263-020, filed 7/27/04, effective 8/27/04.

Wash. Admin. Code § 434-263-030 Adoption of brief adjudicative proceedings.

All complaints filed pursuant to this chapter shall be treated as brief adjudicative proceedings, and the secretary adopts RCW 34.05.482 through 34.05.494 to govern such proceedings. The secretary has determined that the interests involved in such complaints do not warrant the procedures of RCW 34.05.413 through 34.05.479. If a complaint is written in a language as provided in the Voting Rights Act of 1965, the office of the secretary of state shall obtain a translator to facilitate processing the complaint.

History

Statutory Authority: RCW 29A.04.610. WSR 04-16-037, § 434-263-030, filed 7/27/04, effective 8/27/04.

Wash. Admin. Code § 434-263-040 Processing of complaint.

(1) The secretary may process the complaint in any of the following ways:

(a) The secretary may dismiss the complaint, and issue a final determination, if it:

(i) Does not comply with WAC 434-263-020;

(ii) Does not, on its face, allege a violation of Title III; or

(iii) Alleges a claim for which relief cannot be granted, or for which a remedy is not available;

(b) The secretary may, with the agreement of the parties, resolve the matter informally, and issue a determination without formal proceedings;

(d) The secretary may schedule the matter for a brief adjudicative proceeding. The secretary shall do so if the complaint is not dismissed pursuant to (a) of this subsection and a party so requests.

(2) The secretary must respond within thirty days of the filing of the complaint to acknowledge receipt and explain how the complaint will be processed consistent with subsection (1) of this section.

(3) The secretary may consolidate complaints if they relate to the same actions or events, or if they raise common questions of law or fact.

History

Statutory Authority: RCW 29A.04.611. WSR 08-05-120, § 434-263-040, filed 2/19/08, effective 3/21/08. Statutory Authority: RCW 29A.04.610. WSR 04-16-037, § 434-263-040, filed 7/27/04, effective 8/27/04.

Wash. Admin. Code § 434-263-050 Brief adjudicative proceeding.

(1) The secretary shall designate a person to act as a presiding officer of a brief adjudicative hearing. A presiding officer may be:

(a) The assistant or deputy secretary;

(b) The director of elections;

(d) Any county auditor; or

(e) An administrative law judge.

The presiding officer shall not be from an office named in the complaint.

(2) Before issuing a determination on the complaint, the presiding officer shall give each party an opportunity to explain the party's view of the matter, including an opportunity to be informed of the secretary's view of the matter if applicable. A determination may be based upon written submissions and documents, unless a party or the presiding officer requests a hearing on the record within ten days after the filing of the complaint.

(3) The presiding officer may schedule a hearing on the record:

(a) In person at a convenient location;

(b) By conference telephone call; or

Witnesses at a hearing shall be sworn upon oath. A party who requests a hearing but fails to make himself or herself available for hearing within the time available for initial determination shall be deemed to have waived the hearing.

(4) The presiding officer may permit or solicit the submission of written materials or oral presentations by persons who are not parties if the presiding officer determines that such submissions would be helpful in evaluating the complaint.

(5) The secretary shall establish and maintain the record of the proceedings as required by RCW 34.05.494. If a hearing on the record is conducted, the record shall include a transcript or audio recording of the hearing.

History

Statutory Authority: RCW 29A.04.611. WSR 08-05-120, § 434-263-050, filed 2/19/08, effective 3/21/08. Statutory Authority: RCW 29A.04.610. WSR 04-16-037, § 434-263-050, filed 7/27/04, effective 8/27/04.

Wash. Admin. Code § 434-263-060 Initial determination and remedies.

(1) The presiding officer shall render a written initial decision within seventy days after the complaint is filed, unless the complainant consents to a longer period. The determination shall include a statement as to whether, based upon a preponderance of the evidence, a violation of Title III has been established with regard to an election. If the presiding officer determines that a violation has occurred, the determination shall specify the appropriate remedy, if one exists. If the presiding officer determines that no violation has been established, the complaint shall be dismissed.

(2) The remedy awarded under this section shall be directed to the improvement of processes or procedures governed by Title III and must be consistent with state law. Remedies may include written findings that a violation of Title III has occurred and strategies for insuring that the violation does not occur again, as well as any other remedy available to the secretary under law. The remedy may not include any award of monetary damages, costs, penalties or attorney fees, and may not include the invalidation of any vote or ballot, or the invalidation, cancellation, or delay of any primary or election. Remedies addressing the validity of any primary or election or of any ballot or vote may be obtained only as otherwise provided by law.

(3) The initial determination shall include a summary of the process for obtaining an administrative review and shall include notice that judicial review may be available.

History

Statutory Authority: RCW 29A.04.611. WSR 08-05-120, § 434-263-060, filed 2/19/08, effective 3/21/08. Statutory Authority: RCW 29A.04.610. WSR 04-16-037, § 434-263-060, filed 7/27/04, effective 8/27/04.

Wash. Admin. Code § 434-263-070 Administrative review.

(1) Any aggrieved party may request an administrative review of the initial determination. If the secretary does not receive a request, in writing, for an administrative review within twenty-one days of service of the initial determination then the initial determination automatically becomes a final determination. If the parties have not requested an administrative review, the secretary may review the presiding officer's adjudication on his or her own motion as provided by RCW 34.05.491.

(2) The reviewing officer may be the secretary, the assistant or deputy secretary, or the director of elections, except that the same person may not serve as both the presiding officer and reviewing officer. The reviewing officer shall give each party an opportunity to explain the party's view of the matter, but must render a final determination within ninety days after the original filing of the complaint unless the complainant consents to a longer period. The determination of the reviewing officer is final and no further administrative review is available. The final determination shall include notice that judicial review may be available.

History

Statutory Authority: RCW 29A.04.610. WSR 04-16-037, § 434-263-070, filed 7/27/04, effective 8/27/04.

Wash. Admin. Code § 434-263-080 Alternative dispute resolution.

(1) If a final determination is not rendered within ninety days after the filing of the complaint, or within such additional time to which the complainant may consent, then the complaint shall be transferred to a board of arbitration, which must resolve the complaint within sixty additional days, which may not be extended. The board of arbitration shall be composed of three members, designated by the secretary, at least two of whom must be county auditors or election managers. No two members of the panel may be employed by the same office, agency or other employer.

(2) The arbitrators shall review the record compiled in proceedings prior to the transfer, including the tape or transcript of any hearing, but may not conduct any further hearing or receive any additional testimony, evidence, or other submissions. The arbitrators shall determine the appropriate resolution of the complaint by majority vote. No further administrative review is available, but the arbitrator's final determination shall include notice that judicial review may be available.

History

Statutory Authority: RCW 29A.04.611. WSR 08-05-120, § 434-263-080, filed 2/19/08, effective 3/21/08. Statutory Authority: RCW 29A.04.610. WSR 04-16-037, § 434-263-080, filed 7/27/04, effective 8/27/04.

Wash. Admin. Code § 434-263-090 Publication.

All final determinations pursuant to WAC 434-263-070 shall be posted on the secretary's website for at least ninety days.

History

Statutory Authority: RCW 29A.04.611. WSR 08-05-120, § 434-263-090, filed 2/19/08, effective 3/21/08. Statutory Authority: RCW 29A.04.610. WSR 04-16-037, § 434-263-090, filed 7/27/04, effective 8/27/04.

Wash. Admin. Code § 434-263-100 No necessity to exhaust administrative remedies.

It is not necessary to exhaust any administrative remedies available under this chapter in order to pursue any other legal action provided by law.

History

Statutory Authority: RCW 29A.04.610. WSR 04-16-037, § 434-263-100, filed 7/27/04, effective 8/27/04.

Chapter 434-264 Recounts.

Wash. Admin. Code § 434-264-005 Application.

This chapter applies to all contests subject to a recount pursuant to chapter 29A.64 RCW and to manual and machine recounts unless otherwise noted. In addition, each county auditor must promulgate written procedures regarding the conduct of a recount.

History

Statutory Authority: RCW 29A.04.611. WSR 07-12-032, § 434-264-005, filed 5/30/07, effective 6/30/07.

Wash. Admin. Code § 434-264-010 Recount.

(1) A recount is the process for retabulating the votes, including write-ins, for a specific office or issue on all valid ballots cast in a primary or election.

(2) All questions of voter registration, voter qualification, and voter intent previously considered during the original count shall not be reconsidered during a recount. If a ballot has been duplicated in accordance with WAC 434-261-005, the duplicate shall be counted.

(3) A voter may not cure a missing or mismatched signature for purposes of counting the ballot in a recount.

(4) Prior to beginning the recount, the county auditor shall exercise due diligence to confirm that all returned ballots have been identified and reconciled, and that no ballots have been erroneously omitted from the original count.

(5) If any ballots or votes are discovered during the recount process that were erroneously not counted or canvassed during the original count or during a previous recount, the ballots shall be presented to the county canvassing board in accordance with RCW 29A.60.050, and the county canvassing board shall determine whether such ballots are to be included in the recount.

History

Statutory Authority: RCW 29A.04.611. WSR 24-07-018, § 434-264-010, filed 3/8/24, effective 5/4/24
WSR 12-14-074, § 434-264-010, filed 7/2/12, effective 8/2/12
WSR 10-03-072, § 434-264-010, filed 1/18/10, effective 2/18/10
WSR 07-12-032, § 434-264-010, filed 5/30/07, effective 6/30/07.

Wash. Admin. Code § 434-264-030 Observers.

(1) Observers must be permitted to witness activities associated with the recount.

(2) In addition to the admittance of two observers for each side of a recount as required by RCW 29A.64.041, a county canvassing board is encouraged to request additional observers from each of the two major political parties, as space allows. If provided, the additional party observers may be stationed to observe each counting board's process and must be considered official observers of the recount.

(3) Priority for viewing space shall be given in the following order:

(a) Candidates or their designated representative, or the designated representative for the proponents and opponents of a ballot measure;

(b) Counsel for a candidate or ballot measure campaign;

(d) Media;

(e) General public.

(4) Any questions or objections by observers must be directed toward the county canvassing board, supervisory personnel or another designated staff person present at the recount. Under no circumstance may an observer interrupt the recount process in objection to the decision to count or not count a ballot.

The county auditor shall provide any additional guidelines that are established by the county canvassing board to each observer.

The county canvassing board or its designated representative may ask any observer who is causing a disruption to the recount process to leave the area.

History

Statutory Authority: RCW 29A.04.611. WSR 12-14-074, § 434-264-030, filed 7/2/12, effective 8/2/12
WSR 07-12-032, § 434-264-030, filed 5/30/07, effective 6/30/07.

Wash. Admin. Code § 434-264-055 Machine recount of votes cast on digital scan ballots.

In a machine recount of votes cast on digital scan ballots, the tabulating equipment must be programmed to identify all ballots that include an undervoted office or ballot measure subject to the recount. All ballots identified must be inspected to confirm that no vote was cast. If the inspection detects a vote cast that was not correctly counted by the tabulating equipment, the county auditor shall refer the ballot to the county canvassing board consistent with WAC 434-261-070.

History

Statutory Authority: RCW 29A.04.611. WSR 08-15-052, § 434-264-055, filed 7/11/08, effective 8/11/08.

Wash. Admin. Code § 434-264-060 Machine recount of votes cast on direct recording electronic devices.

Machine recounts must be conducted by reloading individual ballot data packs or cartridges. The county auditor must verify all data packs or cartridges have been loaded.

History

Statutory Authority: RCW 29A.04.611. WSR 07-12-032, § 434-264-060, filed 5/30/07, effective 6/30/07.

Wash. Admin. Code § 434-264-070 Manual recount of votes cast on direct recording electronic devices.

In a manual recount, the county auditor must compare the paper records with the electronic results cast on direct recording electronic devices.

(1) Written procedures to perform manual recounts of direct recording electronic devices must be promulgated by the county auditor. The procedures for manually tabulating results must be conducted using a process that includes the following elements:

(a) A continuous paper record must be utilized; the paper record must not be cut into separate individual records;

(b) If a paper record indicates a ballot has been canceled, the ballot must be exempt from the recount; and

(c) If the paper records are incomplete, the ballot images stored on the direct recording electronic device must be printed and then compared to the electronic results recorded on the direct recording electronic device.

(2) If there is a discrepancy between the electronic results and the paper record results, the canvassing board must take necessary action to investigate and resolve the discrepancy. The canvassing board must prepare a public report that outlines the discrepancy and how it was resolved. The results as determined by the canvassing board must replace the electronic results in the official certification.

(3) If there is a discrepancy that cannot be resolved:

(a) The secretary of state must be notified immediately; and

(b) The vendor must be notified and required to provide a satisfactory explanation for the discrepancy within thirty days.

History

Statutory Authority: RCW 29A.04.611. WSR 07-20-074, § 434-264-070, filed 10/1/07, effective 11/1/07
WSR 07-12-032, § 434-264-070, filed 5/30/07, effective 6/30/07.

Wash. Admin. Code § 434-264-080 Recount—Irregular votes.

For optical and digital scan ballots in which voter intent was not previously determined, the validity of the vote will be determined according to the statewide standards on determining voter intent manual required by WAC 434-261-086.

The county canvassing board must make the final determination of voter intent on ballots referred to the county canvassing board not addressed by the statewide standards on determining voter intent.

History

Statutory Authority: RCW 29A.04.611. WSR 07-12-032, § 434-264-080, filed 5/30/07, effective 6/30/07.

Wash. Admin. Code § 434-264-090 Manual recount—Sorting.

All ballots must be sorted by precinct. If a results report from the original count or the previous machine recount can be produced by batch, ballots may be sorted by batch instead of precinct.

History

Statutory Authority: RCW 29A.04.611, 29A.04.620, and 29A.04.630. WSR 11-24-064, § 434-264-090, filed 12/6/11, effective 1/6/12. Statutory Authority: RCW 29A.04.611. WSR 07-12-032, § 434-264-090, filed 5/30/07, effective 6/30/07.

Wash. Admin. Code § 434-264-100 Manual recount—Counting boards.

Each county auditor shall establish the number of counting boards to conduct the recount. Each board shall be comprised of no less than two members, made up of:

(1) One representative from each of the two major political parties; or

(2) Two staff persons.

History

Statutory Authority: RCW 29A.04.611. WSR 07-20-074, § 434-264-100, filed 10/1/07, effective 11/1/07
WSR 07-12-032, § 434-264-100, filed 5/30/07, effective 6/30/07.

Wash. Admin. Code § 434-264-110 Manual recount—Process.

The counting board may only count the responses for one race or measure at a time. The following process to count the ballots shall be used during a recount.

(1) Each counting board shall be given the ballots one precinct or batch at a time. The results from the original count shall not be given to the counting board with the ballots. The precinct or batch number must be made available to any observers.

(2) The counting board shall sort the ballots into separate stacks for each of the candidates or side of a ballot measure. Additional stacks may be created for overvotes, undervotes, and write-ins.

(3) Members of the counting board must manually count each sorted stack at least twice to confirm the number of votes. The results of the manual count shall not be shared until each stack's count has been confirmed.

(4) If the manual stack counts match, the counting board shall report the results to the designated staff person and the results shall be compared to the precinct or batch results previously certified.

(5) If the manual counts do not match the precinct or batch results previously certified, the ballots shall be counted by the same counting board one more time. If the manual counts still do not match the precinct or batch results previously certified, the discrepancy must be reported to the designated staff person and the ballots referred to another counting board to be confirmed.

(6) Once the results are confirmed, the canvassing board shall amend both the cumulative and precinct abstracts to reflect the results of the recount as required by RCW 29A.64.061.

History

Statutory Authority: RCW 29A.04.611. WSR 18-10-003, § 434-264-110, filed 4/19/18, effective 5/20/18
WSR 09-12-078, § 434-264-110, filed 5/29/09, effective 6/29/09
WSR 07-12-032, § 434-264-110, filed 5/30/07, effective 6/30/07.

Wash. Admin. Code § 434-264-120 Recount—Interruption.

If the recount must be stopped prior to its completion for any reason, the ballots must be placed in secure storage until the resumption of the recount. The observers must be allowed to witness the sealing of the ballots and the recording of the seal numbers. Observers must also be allowed to witness the confirmation of the seal numbers at the resumption of the recount.

History

Statutory Authority: RCW 29A.04.611. WSR 07-12-032, § 434-264-120, filed 5/30/07, effective 6/30/07.

Wash. Admin. Code § 434-264-130 Recount—Completion.

On completion of the recount:

(1) The county auditor must prepare an amended abstract of the recounted ballots for the county canvassing board. The amended abstract must include a revised cumulative summary, as well as the votes cast in each precinct for the office or measure that was recounted.

(2) The results must be formally reviewed and approved by the county canvassing board.

(3) If the results of the manual count do not match the results of the original count, the county canvassing board must verify all ballots have been recounted. The county canvassing board shall take all necessary steps to investigate and resolve any discrepancies.

(4) The county canvassing board must certify the amended abstract that, for each precinct, displays the results of the office that has been recounted. The new abstract must be included in the amended certified canvass report.

(5) Copies of the certified amended abstract must be distributed to the same persons or agencies as the original certified abstract of votes.

(6) The amended certified canvass report must be available to the public by the next business day following the recount.

(7) Interim reports of the recount may be published at the discretion of the county canvassing board.

(8) If the recount involves ballots from more than one county, the secretary of state may require that amended abstracts be certified by each county canvassing board on a uniform date.

History

Statutory Authority: RCW 29A.04.611, 29A.04.620, and 29A.04.630. WSR 11-24-064, § 434-264-130, filed 12/6/11, effective 1/6/12. Statutory Authority: RCW 29A.04.611. WSR 07-12-032, § 434-264-130, filed 5/30/07, effective 6/30/07.

Chapter 434-270 Election cost allocation.

Wash. Admin. Code § 434-270-001 Intent.

The intent of this chapter is to provide county auditors a standard method in preparing election cost billing to state, county, and local jurisdictions after each primary or election.

County auditors may delay implementation of chapter 434-270 WAC until January 1, 2027, except for WAC 434-270-050 and 434-270-060, which become effective July 1, 2026.

History

Statutory Authority: RCW 29A.04.611. WSR 26-07-033, s 434-270-001, filed 3/11/26, effective 4/11/26.

Wash. Admin. Code § 434-270-005 Definitions.

(1) Interfund charges are billed services from other county funds or departments.

(a) Charges must be consistent with those for other funds and departments.

(b) Interfund charges directly attributable to a primary or election or voter registration are considered direct costs and may be included in the total costs of a primary or election or voter registration.

(2) Jurisdiction-specific costs are attributable to only one jurisdiction due to the unique nature of that jurisdiction's method of election or other costs specific to that jurisdiction. These can include additional printing, additional pages in the voters' pamphlet, special software and procedures, and other costs not attributable to all jurisdictions.

If a jurisdiction has unique rules for conducting a primary or election or an election method that requires special materials, ballots, counting methodology, or other factors, those costs should be billed only to the jurisdiction that requires those unique tools and not proportioned to all jurisdictions.

(3) Nonspecific election costs are election costs not related to a specific primary or election, such as annual licensing and maintenance fees for election equipment, or training not specific to that primary or election but necessary to maintain certification under RCW 36.22.220.

History

Statutory Authority: RCW 29A.04.611. WSR 26-07-033, s 434-270-005, filed 3/11/26, effective 4/11/26.

Wash. Admin. Code § 434-270-010 Election costs for billing.

(1) All costs related to a specific primary or election must, at a minimum, contain the following details for submission to the office of the secretary of state for reimbursement. Do not include voter registration costs or depreciation. Failure to separate costs into categories and subcategories will be considered an incomplete, improperly documented voucher and rejected under RCW 29A.04.430.

(a) Salaries, wages, and benefits. Include all personnel costs, including salaries, wages, overtime, and benefits specifically devoted to the conduct of a primary or election. These salaries and benefits must be recorded in the bill in the following categories:

(i) Full-time office staff;

(ii) Extra or temporary staff, including other county auditor office staff working on a primary or an election; and

(iii) Other with an explanation.

(b) Supplies. Include supplies used for a specific primary or election. If these include supplies purchased in bulk for use in multiple primaries and/or elections, the cost of those purchases must be apportioned between the primaries and/or elections they are used for.

(c) Other services and charges. Include the cost of all other services and charges, including printing, insertion, postage, processing, advertising, and rentals specifically devoted to the conduct of a primary or election. The following must be used for other services and charges and must be recorded in the bill in the following categories and subcategories:

(i) Ballots, ballot inserts, and ballot envelopes:

(A) Printing of ballots, inserts, and envelopes;

(B) Insertion, addressing, and related costs;

(D) Other with an explanation;

(ii) Advertising; and

(iii) Other costs.

(2) Election equipment (amortized costs). To recover the cost of capital expenditures, county auditors may only use one of two methods defined below. No other method is authorized.

(a) Method one. Election equipment replacement fees may be charged, which allows for the election equipment to be replaced on a regular schedule.

If this method is used, each item of election equipment being charged a replacement fee must be independently calculated, showing the expected useful life and replacement schedule for each specific type of election equipment being charged to the primary or election. Complete documentation of the replacement fee calculation must be provided to the office of the secretary of state upon request.

(i) The use of blanket election equipment replacement fee calculations is prohibited.

(ii) No election equipment replacement fees may be charged when depreciation or use fees are included in the cost of the primary or election.

(b) Method two. Depreciation or use charges may be used to recover costs of election equipment. Charges must be based on rates that will result in a reasonable cost recovery of the original election equipment over its useful life. Ledgers detailing historical cost, estimated salvage value, useful life, and accumulated charges shall be available and included with bills.

(c) Restriction on federal funds supplanting. Any federal funds made available under RCW 29A.04.460 shall be used to supplement and shall not supplant state or county funds. When election equipment replacement fees, depreciation, or use charges are collected, federal funds may not supplant those fees or charges. Documentation must be maintained showing the calculation of depreciation, use charges, or election equipment replacement fees and any portion that is grant-funded.

(3) Overhead and indirect costs. County auditors may choose one of two options to recover overhead and indirect costs:

(a) Option one. Overhead or indirect costs attributed to the county auditor are allowable as determined by a federal indirect cost plan. The plan must be prepared in accordance with the United States Office of Management and Budget Circular A-87, Cost Principles for State, Local, and Indian Tribal Governments. Do not include any cost separately that is already included in the plan or costs that are already included as an internal service fund charge. If the federal indirect cost plan is used, the invoice must be accompanied by complete documentation.

(b) Option two. In the absence of a federal cost allocation plan, or at the option of the county auditor, a flat 15 percent of adjusted general costs is allowable for overhead. Adjusted general costs are the total of salaries and wages, employee benefits, supplies, and other services and charges properly charged to the appropriate account.

Depreciation, use charges, election equipment replacement fees, interfund charges, general operating costs, or any other cost not directly attributable to the primary or election cannot be included in the calculation of overhead.

The office of the secretary of state will collect and may annually report election cost data to the legislature to aid in sufficient funding required under RCW 29A.04.430.

History

Statutory Authority: RCW 29A.04.611. WSR 26-07-033, s 434-270-010, filed 3/11/26, effective 4/11/26.

Wash. Admin. Code § 434-270-020 Local voters' pamphlet.

The cost of a local voters' pamphlet produced by the county auditor under RCW 29A.32.210 may only be charged to those jurisdiction(s) included in the pamphlet. The costs must be apportioned separately from other primary or election costs. The office of the secretary of state cannot be billed if it has produced a state voters' pamphlet for the same primary or election and office(s). The following categories must be recorded in the bill:

(1) Printing;

(2) Postage;

(3) Composition for production;

(4) Translations, if applicable; and

(5) Other with an explanation.

History

Statutory Authority: RCW 29A.04.611. WSR 26-07-033, s 434-270-020, filed 3/11/26, effective 4/11/26.

Wash. Admin. Code § 434-270-030 Apportionment of costs directly related to a specific primary or election.

Two approved methods for allocating costs directly related to a specific primary or election are detailed in this section. The county auditor, once having adopted a method, shall use the same parameters for all primaries and elections within the next election cycle.

Allocate costs between all jurisdictions participating in the primary or election by using one of the two following prescribed methods.

Costs associated with mistakes or errors made or caused by the county auditor shall not be passed on to any other jurisdiction.

(1) Method one. This method allocates costs based on the number of active registered voters in each jurisdiction. Jurisdictions are not charged for additional offices or measures placed on the ballot. To ensure that sufficient election cost reimbursement funds are available, county auditors must get prior approval from the office of the secretary of state prior to using method one.

To allocate costs:

(a) Determine the total costs for a primary or election. Include amounts from the federal indirect cost plan created in accordance with WAC 434-270-010, if applicable.

(b) The county auditor shall allocate a minimum fee of at least $100 once to each jurisdiction participating in a primary or election. This allows for a more equitable distribution of costs in that election.

(i) Total the minimum fees by multiplying the minimum fee by the number of jurisdictions in the election.

(ii) Subtract the minimum fee of at least $100 per jurisdiction and any direct costs associated with a specific jurisdiction from the total cost of the primary or election, resulting in the total election costs to be allocated.

(c) For each jurisdiction participating in the primary or election, determine the number of active registered voters as of election day.

(d) Total the number of active registered voters ((c) of this subsection) for all jurisdictions.

(e) Divide each jurisdiction's number of active registered voters ((c) of this subsection) by the total number of active registered voters ((d) of this subsection) to yield a percentage cost factor.

(f) Multiply the percentage cost factor ((e) of this subsection) by the primary or election costs to be allocated ((b) of this subsection) to determine each jurisdiction's share.

(g) Add each jurisdiction's minimum fee, voters' pamphlet costs, any direct costs, and the 15 percent overhead factor, if applicable, to the allocated costs from each election. This is the total amount due from each jurisdiction.

(2) Method two. This method allows for recovery of additional expenditures associated with multiple offices or measures on the ballot for each jurisdiction. Use of this method requires using a factor of 0.2 that is applied to each additional office or measure within a jurisdiction or jurisdiction subdistrict portion.

The total number of active registered voters in a jurisdiction and the number of voters who vote on an office or measure are separate and distinct from each other. The county auditor must separate offices or measures that contain a portion of the voters less than the total number of eligible registered voters in that jurisdiction. The calculation of costs for a jurisdiction must sum the independently calculated costs for each unique combination of registered voters and offices or measures on the ballot.

(a) Determine the total costs specific to a primary or election. Include amounts from the federal indirect cost allocation plan created in accordance with WAC 434-270-010, if applicable.

(b) The county auditor shall collect a minimum fee of at least $100 once from each jurisdiction participating in a primary or an election. This allows for a more equitable distribution of costs in that primary or election.

(i) Total the minimum fees by multiplying the minimum fee by the number of jurisdictions in the election.

(ii) Subtract a minimum fee of at least $100 per jurisdiction and any direct costs associated with a specific jurisdiction from the total cost of the primary or election resulting in the election costs to be allocated. For jurisdictions with subdistrict portions participating in the primary or election, the minimum fee is only applied once for the jurisdiction.

(c) For each jurisdiction participating in the primary or election, determine the number of active registered voters within the entire jurisdiction. For jurisdictions with subdistrict portions participating in the primary or election, such as commissioner districts or legislative districts, determine the active registered voters for each jurisdiction subdistrict portion.

(d) Determine the factor for the number of offices and measures for each jurisdiction and jurisdiction subdistrict portion. A base factor of 1.0 will be assigned for the first office or measure for the jurisdiction. For each additional office or measure within the jurisdiction or subdistrict of the jurisdiction, the 0.2 factor will be added. For jurisdiction subdistrict portions, all offices or measures will be assigned to the 0.2 factor.

Example: Within the county, the state has five statewide offices and measures and two legislative districts, both with two offices on the ballot. The first statewide office or measure would use the 1.0 factor, the four additional statewide offices and measures would use the 0.2 factor, and the legislative jurisdictions would each use the 0.2 factor based on each legislative district's number of active registered voters.

Using the 0.2 factor for the statewide offices and measures the state would be charged a factor of 1.0 for the first statewide office or measure and 0.2 for each of the four additional statewide offices or measures (1.0 + 0.2 + 0.2 + 0.2 + 0.2) for a total of 1.8 for the statewide jurisdictions. For the individual legislative districts, each district would have two offices, each with a factor of 0.2 (0.2 + 0.2) for a total of 0.4 for each legislative district.

(e) Multiply the office and measure factor (determined in (d) of this subsection) by the number of active registered voters (determined in (c) of this subsection). This is the weighted registration factor.

(f) Total the weighted registration factors ((e) of this subsection) for all jurisdictions and jurisdiction subdistrict portions.

(g) Divide the weighted registration factor ((e) of this subsection) for each jurisdiction and jurisdiction subdistrict portion by the total weighted factor ((f) of this subsection) to yield a percentage cost factor.

(h) Multiply the percentage cost factor ((g) of this subsection) by the election costs determined in (b) of this subsection.

(i) Add each jurisdiction's minimum fee amount, any direct costs, and the 15 percent overhead factor if applicable to the allocated primary or election costs for each jurisdiction and subdistrict portion. Add the costs for jurisdiction-wide offices and measures and individual jurisdiction subdistrict portion costs to determine the total cost for each jurisdiction.

History

Statutory Authority: RCW 29A.04.611. WSR 26-07-033, s 434-270-030, filed 3/11/26, effective 4/11/26.

Wash. Admin. Code § 434-270-050 Reimbursement for state primary or election costs.

(1) Following a state primary or election, each county auditor shall provide to the office of the secretary of state a completed claim for reimbursement of direct election expenses incurred by the county, prorated with any other jurisdictions participating in the primary or election as required by RCW 29A.04.410.

(2)(a) Claims for reimbursement and supporting documents shall be submitted to the office of the secretary of state not later than 90 days following the certification of the primary or election by the office of the secretary of state.

(b) For end of year election costs, claims and supporting documents shall be submitted to the office of the secretary of state not later than 90 days following December 31st of that year.

History

Statutory Authority: RCW 29A.04.611. WSR 26-07-033, s 434-270-050, filed 3/11/26, effective 4/11/26.

Wash. Admin. Code § 434-270-060 Submission to the office of the secretary of state for reimbursement.

(1) Claims for reimbursements for election and local voters' pamphlet costs submitted to the office of the secretary of state must include the following:

(a) Completed and signed voucher as required by the office of the secretary of state;

(b) Financial records that match or allow for reconciliation to the totals in the invoice; and

(c) A completed elections cost recovery workbook and the appropriate invoice voucher. The workbook must be in the standard template format as required by the office of the secretary of state. The workbook will be rejected if submitted in any format other than the format required by the office of the secretary of state. If costs for a primary or election are unexpectedly high, or at the request of the office of the secretary of state, the county auditor shall explain the reason(s) for the increased cost.

(2) Failure to provide all required elements will be considered an incomplete, improperly documented voucher and rejected under RCW 29A.04.430.

(3) Billing claims and supporting documents must be submitted to the office of the secretary of state not later than 90 days following the certification of the primary or election by the office of the secretary of state. For end of year election costs, claims and supporting documents shall be submitted to the office of the secretary of state not later than 90 days following December 31st of that year.

History

Statutory Authority: RCW 29A.04.611. WSR 26-07-033, s 434-270-060, filed 3/11/26, effective 4/11/26.

Wash. Admin. Code § 434-270-070 Recounts.

(1)(a) When a recount is requested, the requestor is responsible for the cost of the recount in accordance with chapter 29A.64 RCW.

(i) Calculate recount costs separately and subtract the deposit.

(ii) If additional costs are owed, bill the requestor.

(iii) If deposit funds are not entirely used, refund the remaining amount.

(b) If the recount changes the outcome of the election, the requestor is not responsible for the costs. Refund the requestor's deposit and bill the affected jurisdiction(s) as if it were a mandatory recount.

(2) For mandatory recounts, costs are billed to the affected jurisdiction(s).

(a) Determine the cost of the recount and share of each jurisdiction.

(b) Include the cost of the recount with the jurisdiction's share of other election costs, added as a direct cost.

History

Statutory Authority: RCW 29A.04.611. WSR 26-07-033, s 434-270-070, filed 3/11/26, effective 4/11/26.

Wash. Admin. Code § 434-270-080 Election reserve fund.

As authorized by RCW 36.33.200, the county legislative authority may establish an election reserve fund for the payment of expenses of conducting regular and special state and county primaries or elections and compensation of election and registration officers and annually budget and levy a tax therefor. It may also make transfers into the election reserve fund from the current expense fund and receive funds for such purposes from cities, school districts, and other jurisdictions.

The county legislative authority may restrict or create "reserve" funds through resolution or ordinance to set money aside for a specific purpose, such as election equipment replacement.

History

Statutory Authority: RCW 29A.04.611. WSR 26-07-033, s 434-270-080, filed 3/11/26, effective 4/11/26.

Wash. Admin. Code § 434-270-090 Expense of voter registration.

(1) The expense of voter registration shall be distributed according to RCW 29A.08.150. Costs must be divided between the county and cities or towns according to the total registered voters contained in the city or town and the county for all other registered voters. The total registered voters must contain both active and inactive voters.

(2) Following the end of each calendar year, the county auditor shall determine the total cost of voter registration for the year. Costs shall include the portion of personnel costs, supplies, postage, voter outreach, a portion of the election management system, and any other costs directly associated with voter registration.

(3) Equipment, overhead, and indirect costs shall be determined in the same manner as election costs and must be divided between voter registration and election costs.

(4) For counties with an election reserve fund, a surcharge may be added to each jurisdiction's voter registration costs in the same manner as election costs.

(5) The county auditor shall include a minimum fee of at least $100 from each jurisdiction in the same manner as election cost allocation in WAC 434-270-030.

History

Statutory Authority: RCW 29A.04.611. WSR 26-07-033, s 434-270-090, filed 3/11/26, effective 4/11/26.

Wash. Admin. Code § 434-270-100 Allocation of voter registration costs.

The following calculation shall be used when determining the allocation of voter registration costs:

(1) Determine the total voter registration costs for the entire fiscal year. Include amounts from the federal indirect cost allocation plan created in accordance with WAC 434-270-010 only if not using a flat 15 percent overhead factor.

(2) Subtract revenue attributable to voter registration services.

(3) Subtract any direct costs associated with a specific jurisdiction.

(4) Total the number of active and inactive registered voters in the county.

(5) Determine the number of active and inactive registered voters in each city and town. Subtract total active and inactive voters of every city and town from the total active and inactive voters ((4) of this section) in the county voter registration records to obtain those voters under county jurisdiction.

(6) Divide each jurisdiction's number of active and inactive registered voters ((4) of this section) by the total number of active and inactive registered voters ((5) of this section) to yield a percentage cost factor.

(7) Multiply the percentage cost factor ((6) of this section) by the voter registration costs to determine each jurisdiction's allocated cost.

(8) Add any direct costs, and the 15 percent overhead factor, if applicable, to each jurisdiction's allocated costs. This is the total amount due from each jurisdiction.

History

Statutory Authority: RCW 29A.04.611. WSR 26-07-033, s 434-270-100, filed 3/11/26, effective 4/11/26.

Chapter 434-291 Special elections for major public energy project bond measures.

Wash. Admin. Code § 434-291-010 Purpose.

The regulations in this chapter are adopted to implement the special election provisions of chapter 6, Laws of 1981 2nd ex. sess. (Initiative Measure 394) and chapter 88, Laws of 1982, in a manner reasonably consistent with the laws and procedures for referring initiatives, referendums, and constitutional amendments at a state general election.

History

WSR 98-08-010, recodified as § 434-291-010, filed 3/18/98, effective 3/18/98. Statutory Authority: RCW 29.04.080 and 29.81.070. WSR 82-12-022 (Order 82-1), § 434-91-010, filed 5/25/82.

Wash. Admin. Code § 434-291-020 Submission of a preliminary and a final cost-effectiveness study of a major public energy project.

(1) Any public agency which intends to hold a special election pursuant to RCW 80.52.040 shall file with the secretary of state a preliminary, independent cost-effectiveness study of the project under consideration. This study shall be available for public inspection, review, and copying as provided by WAC 434-12A-040 through 434-12A-140.

(2) Any person who wishes to comment on the contents and conclusions of the preliminary cost-effectiveness study shall submit such comments in writing to the secretary of state no later than thirty days after the preliminary cost-effectiveness study was filed with the secretary of state. Copies of all such comments shall be promptly forwarded to the public agency which filed the preliminary cost-effectiveness study.

(3) After the thirty day period for public comment has expired, the public agency shall prepare a final draft of the cost-effectiveness study which includes any public comment on the preliminary draft of that study. The final cost-effectiveness study and a summary of the final cost-effectiveness study shall be filed with the secretary of state no later than the date on which the public agency requests a special election pursuant to RCW 80.52.040.

History

WSR 98-08-010, recodified as § 434-291-020, filed 3/18/98, effective 3/18/98. Statutory Authority: RCW 29.04.080 and 29.81.070. WSR 82-12-022 (Order 82-1), § 434-91-020, filed 5/25/82.

Wash. Admin. Code § 434-291-030 Request for an election pursuant to RCW 80.52.040.

Any public agency which desires to hold a special election pursuant to RCW 80.52.040 shall submit to the secretary of state a certified copy of the ordinance, resolution, order, or other evidence of legislative action requesting such an election and specifying:

(1) The name, location, and type of major public energy project, expressed in common terms;

(2) The dollar amount and type of bonds being requested;

(3) If the bond revenues are intended to finance the acquisition of all or a portion of a major public energy project, the anticipated total cost of the acquisition of the project;

(4) If the bond revenues are intended to finance the planning or construction of all or a portion of a major public energy project, the anticipated total cost of construction of the project;

(5) The projected average rate increase for consumers of the electricity to be generated by the project (that amount necessary to repay the total indebtedness incurred for the project, including estimated interest);

(6) A summary of the final cost effectiveness study as required by RCW 80.52.050(4);

(7) The anticipated functional life of the project;

(8) The anticipated decommissioning costs of the project;

(9) The reasons for requesting a special election; and

(10) If the applicant is a joint operating agency, a list of all of the participating public agencies which are a part of that joint operating agency and the names of the counties which contain all or parts of each of these public agencies.

History

WSR 98-08-010, recodified as § 434-291-030, filed 3/18/98, effective 3/18/98. Statutory Authority: RCW 29.04.080 and 29.81.070. WSR 82-12-022 (Order 82-1), § 434-91-030, filed 5/25/82.

Wash. Admin. Code § 434-291-040 Designation of the bond issue on the ballot.

When a public agency submits a request for a special election pursuant to RCW 80.52.040, the secretary of state shall sequentially number each bond measure to appear on the ballot, beginning with the number "101," and shall designate each bond measure with the title, "Major Public Energy Project Bond Measure" to distinguish it from other major public energy project bond measures and from other types of state measures. Such measure may be further designated on the ballot and in connection with the voters pamphlet arguments for and against the measure by any project name or number by which it is publicly known and identified.

History

WSR 98-08-010, recodified as § 434-291-040, filed 3/18/98, effective 3/18/98. Statutory Authority: RCW 29.04.080 and 29.81.070. WSR 82-12-022 (Order 82-1), § 434-91-040, filed 5/25/82.

Wash. Admin. Code § 434-291-050 Ballot title.

Within seven days of the receipt of a request to hold a special election pursuant to RCW 80.52.040, the attorney general shall prepare and file with the secretary of state a ballot title for each major public energy project bond measure formulated as required by RCW 80.52.060.

History

WSR 98-08-010, recodified as § 434-291-050, filed 3/18/98, effective 3/18/98. Statutory Authority: RCW 29.04.080 and 29.81.070. WSR 82-12-022 (Order 82-1), § 434-91-050, filed 5/25/82.

Wash. Admin. Code § 434-291-060 Notice of the content of the preliminary cost-effectiveness study, the final cost-effectiveness study, the summary of the final cost-effectiveness study, or the ballot title.

The secretary of state shall furnish copies of the preliminary cost-effectiveness study, the final cost-effectiveness study, the summary of the final cost-effectiveness study, or the ballot title promptly upon receipt to any individual who has submitted a written request for such notification.

History

WSR 98-08-010, recodified as § 434-291-060, filed 3/18/98, effective 3/18/98. Statutory Authority: RCW 29.04.080 and 29.81.070. WSR 82-12-022 (Order 82-1), § 434-91-060, filed 5/25/82.

Wash. Admin. Code § 434-291-070 Actions to contest contents of the ballot title or summary of the final cost-effectiveness study.

Any registered voter may appeal to the superior court of Thurston County to review the contents of the ballot title or the summary of the final cost-effectiveness study on a major public energy project bond measure up to ten days following the filing of such document with the secretary of state. Such appeals shall be conducted in the same manner as appeals of ballot titles on initiatives as provided in RCW 29A.72.080.

History

Statutory Authority: RCW 29A.04.610. WSR 04-15-089, § 434-291-070, filed 7/16/04, effective 8/16/04. WSR 98-08-010, recodified as § 434-291-070, filed 3/18/98, effective 3/18/98. Statutory Authority: RCW 29.04.080 and 29.81.070. WSR 82-12-022 (Order 82-1), § 434-91-070, filed 5/25/82.

Wash. Admin. Code § 434-291-080 Certification of the request for a special election to the county auditors.

Within ten days of the receipt of a request to hold a special election pursuant to RCW 80.52.040, the secretary of state shall certify the title of the measure and the ballot title to the county auditor in each county containing a portion of the public agency requesting the election.

History

WSR 98-08-010, recodified as § 434-291-080, filed 3/18/98, effective 3/18/98. Statutory Authority: RCW 29.04.080 and 29.81.070. WSR 82-12-022 (Order 82-1), § 434-91-080, filed 5/25/82.

Wash. Admin. Code § 434-291-090 Recommendations for committees to draft statements for the voters pamphlet.

Any person who wishes to be appointed to serve on a committee to draft the arguments in favor of or in opposition to a major public energy project bond measure or any person who wishes to recommend any individual to serve on such a committee may submit such request or recommendation in writing to the secretary of state up to ten days following the receipt of a request to hold a special election pursuant to WAC 434-91-030.

History

WSR 98-08-010, recodified as § 434-291-090, filed 3/18/98, effective 3/18/98. Statutory Authority: RCW 29.04.080 and 29.81.070. WSR 82-12-022 (Order 82-1), § 434-91-090, filed 5/25/82.

Wash. Admin. Code § 434-291-100 Appointment of committees.

Within fifteen days of the receipt of a request to hold a special election pursuant to RCW 80.52.040, the secretary of state shall appoint a committee of three persons to write the arguments and rebuttals in favor of the major public energy project bond measure and a committee of three persons to write the arguments and rebuttals in opposition to the major public energy project bond measure. The secretary of state shall designate one of the members of each committee to serve as the chairperson of that committee.

History

WSR 98-08-010, recodified as § 434-291-100, filed 3/18/98, effective 3/18/98. Statutory Authority: RCW 29.04.080 and 29.81.070. WSR 82-12-022 (Order 82-1), § 434-91-100, filed 5/25/82.

Wash. Admin. Code § 434-291-110 Advisory committees.

The persons appointed to a committee to write arguments and rebuttals on a major public energy project may, within fifteen days of their appointment, select an advisory committee of up to five persons to assist them in drafting the arguments and rebuttals on that measure. The names of the members of the advisory committee shall be certified to the secretary of state by the chairperson of that committee within three days of their selection.

History

WSR 98-08-010, recodified as § 434-291-110, filed 3/18/98, effective 3/18/98. Statutory Authority: RCW 29.04.080 and 29.81.070. WSR 82-12-022 (Order 82-1), § 434-91-110, filed 5/25/82.

Wash. Admin. Code § 434-291-120 Submission of arguments and rebuttals.

At least sixty days prior to the special election on the major public energy project bond measure, each committee appointed pursuant to WAC 434-91-100 shall submit an argument for or against that measure to the secretary of state in the form and style prescribed for other voters pamphlet statements in WAC 434-81-060 through 434-81-070. As soon as both arguments on a major public energy bond measure have been received, the secretary of state shall transmit each argument to the opposing committee. At least fifty days prior to the special election on the major public energy project bond measure, each committee shall submit a rebuttal of the opposing argument in the form and style prescribed for other voters pamphlet rebuttals in WAC 434-81-060 through 434-81-070.

History

WSR 98-08-010, recodified as § 434-291-120, filed 3/18/98, effective 3/18/98. Statutory Authority: RCW 29.04.080 and 29.81.070. WSR 82-12-022 (Order 82-1), § 434-91-120, filed 5/25/82.

Wash. Admin. Code § 434-291-130 Permissible costs in allocation of election expenses.

County auditors may include in the election costs to be allocated pursuant to RCW 29A.04.420 any of the following types of charges:

(1) Salaries, wages, and benefits for precinct officers and part-time or temporary employees whose responsibilities are directly attributable to the election, and for that portion of the time of regular employees (other than the county auditor) which is directly attributable the election;

(2) Supplies specifically required for the election, including stationery, forms, other office supplies, and items for the repair and maintenance of equipment;

(3) Telephone and postage costs which are directly attributable to the election;

(4) Cartage or freight charges for moving or delivering voting machines, voting devices, voting booths, or delivery of precinct supplies and travel expenses for delivery of precinct returns;

(5) Legal notices and published instructions in connection with the election, closing of registration, or canvassing;

(6) Printing of ballots, poll books, tally books, instructions, signs, and other precinct supplies;

(7) Repairs and maintenance of voting and vote tallying equipment;

(8) Rentals for polling places and storage facilities for voting machines or devices;

(9) Depreciation for voting equipment so long as such charges over the useful life of such equipment do not exceed the original value of the equipment;

(10) That portion of the overhead cost of buildings or office space which is equal to the total of such costs multiplied by the ratio of the number of employee hours directly attributable to the major public energy project bond measure and the total number of employee hours for that office;

(11) Data processing costs for programming related to the election and for machine time for program testing, and vote tallying.

History

Statutory Authority: RCW 29A.04.610. WSR 04-15-089, § 434-291-130, filed 7/16/04, effective 8/16/04. WSR 98-08-010, recodified as § 434-291-130, filed 3/18/98, effective 3/18/98. Statutory Authority: RCW 29.04.080 and 29.81.070. WSR 82-12-022 (Order 82-1), § 434-91-130, filed 5/25/82.

Wash. Admin. Code § 434-291-140 Allocation of costs.

The portion of total election costs in each county which shall be allocated to the public agency requesting a special election pursuant to RCW 80.52.040 shall be equal to the total cost of conducting that election multiplied by a quotient the numerator of which is the product of the number of registered voters in that county eligible to vote on the major public energy project bond measure or measures and the number of such measures submitted at that election and the denominator of which is the sum of the products of the number of registered voters in each jurisdiction for which candidates or measures appeared on the ballot at that election and the number of offices or issues attributable to that jurisdiction.

History

WSR 98-08-010, recodified as § 434-291-140, filed 3/18/98, effective 3/18/98. Statutory Authority: RCW 29.04.080 and 29.81.070. WSR 82-12-022 (Order 82-1), § 434-91-140, filed 5/25/82.

Wash. Admin. Code § 434-291-150 Documentation of charges for proportional share of election costs.

The county auditor of each county in which a major public energy project bond measure appeared on the ballot shall submit to the secretary of state a summary of the total cost of the election in that county, a description of the allocation of that cost among the jurisdiction participating in that election and an invoice voucher for the proportional share of those costs attributable to the major public energy bond measure or measures. The secretary of state shall review and audit all such claims and combine them into one or more billings for the public agency which requested the election.

History

WSR 98-08-010, recodified as § 434-291-150, filed 3/18/98, effective 3/18/98. Statutory Authority: RCW 29.04.080 and 29.81.070. WSR 82-12-022 (Order 82-1), § 434-91-150, filed 5/25/82.

Wash. Admin. Code § 434-291-160 Proportional costs of voters pamphlet and other costs to the secretary of state.

The secretary of state may include in the election costs to be allocated pursuant to RCW 80.52.050(5) any of the following types of charges:

(1) That portion of the salaries, wages, and benefits for regular employees (other than the secretary of state) and part-time or temporary employees which is directly attributable to the preparation and distribution of the voters pamphlet or other aspects of the administration and conduct of the major public energy project bond election;

(2) That portion of the cost of office supplies, equipment, telephones, postage, freight, travel, and data processing which is equal to the total of such costs multiplied by the ratio of the number of employee hours of the employees of the administrative division and the elections division of the office of the secretary of state directly attributable to the major public energy project bond measure and the total number of employee hours for such employees over the same period of time;

(3) That portion of the costs of typesetting, composition, printing, postage, and distribution of the voters pamphlet which is equal to the total of such costs multiplied by the ratio of the number of pages of the pamphlet directly attributable to the major public energy project bond measure and the total number of pages in the pamphlet; and

(4) The costs of any litigation related to the administration and conduct of a special election on a major public energy project bond measure other than for such actions which have been commenced prior to July 1, 1982.

The secretary of state shall include a detailed summary of any costs attributable to the major public energy project bond measure in one or more of the billings for the public agency which requested the election.

History

WSR 98-08-010, recodified as § 434-291-160, filed 3/18/98, effective 3/18/98. Statutory Authority: RCW 29.04.080 and 29.81.070. WSR 82-12-022 (Order 82-1), § 434-91-160, filed 5/25/82.

Wash. Admin. Code § 434-291-170 Reimbursement to counties for proportional share of election costs.

Upon receipt of payment by the applicant, the secretary of state shall disburse the appropriate amounts to each county in the same manner as election costs are reimbursed pursuant to RCW 29A.04.420.

History

Statutory Authority: RCW 29A.04.610. WSR 04-15-089, § 434-291-170, filed 7/16/04, effective 8/16/04. WSR 98-08-010, recodified as § 434-291-170, filed 3/18/98, effective 3/18/98. Statutory Authority: RCW 29.04.080 and 29.81.070. WSR 82-12-022 (Order 82-1), § 434-91-170, filed 5/25/82.

Chapter 434-324 Statewide voter registration database.

Wash. Admin. Code § 434-324-005 Definitions.

As used in this chapter:

(1) "Accepted" means the voter's ballot has been signature verified and is ready for initial processing.

(2) "Active status" means a designation assigned to voters with complete voter registration records signifying that the voter is eligible to vote.

(3) "Applicant" means a person who has applied, or is applying, to become a registered voter in the state of Washington.

(4) "Auditor" or "county auditor" means the county auditor in a noncharter county or the officer in a charter county, irrespective of title, having the overall responsibility to maintain voter registration to conduct state and local elections.

(5) "Automatic voter registration" means the process in which applicants for government services are automatically registered to vote upon completing a transaction that requires proof of United States citizenship.

(6) "Conditional registration" means an in-person voter registration application submitted when the voter registration system is unable to process applications. Conditionally registered voters are issued a current ballot for their precinct whenever possible; they are not issued a provisional ballot.

(7) "Current ballot" means the ballot which matches the precinct, precinct portion or split in which the voter is currently registered to vote. This is the most recently issued ballot type or style.

(8) "Electronic registration" means the electronic submission of voter registration applications.

(9) "Extraction," as used in this chapter, means the creation of an electronic list of specific information from the entire official statewide voter registration database.

(10) "Future voter" means a participant in the future voter program established under RCW 29A.08.170.

(11) "New county" means a county in Washington state that a registered voter is moving to from another county within Washington state.

(12) "Pending status" means a voter registration record is not yet complete, and the applicant is not yet a registered voter or the registration is a potential felon, potential duplicate match, prospective registration applicant, or a future voter.

(13) "Previous county" means a county in Washington state that a registered voter lived in prior to moving to a new county.

(14) "Qualified tribal identification" means tribal identification from an issuer of tribal identification that has agreed to make digitized signature information available for the purpose of voter registration.

(15) "Received" means the voter's ballot has been returned to the county and entered into the election management system, but not yet accepted.

(16) "Registered voter" means any elector who has completed the statutory registration procedures established by Title 29A RCW.

(17) "Registration number" means a unique identifier assigned to each registered voter, pursuant to RCW 29A.08.125.

(18) "Reissued ballot" means a new ballot issued to a voter due to an address update within the state that changes the voter's ballot type or style. A reissued ballot becomes the current ballot and all other ballots are suspended.

(19) "Replacement ballot" means a ballot that is the same type or style as the most recently issued. The request for a replacement ballot does not update the voter's current ballot type or style.

(20) "Secretary" means secretary of state or any other person authorized by the secretary of state to act on the secretary's behalf.

(21) "Suspended ballot" means any ballot that is not the current ballot. The suspended ballot may be accepted when the current ballot is not received or accepted.

History

Statutory Authority: RCW 29A.04.611. WSR 24-16-019, § 434-324-005, filed 7/25/24, effective 8/25/24
WSR 20-13-043, § 434-324-005, filed 6/10/20, effective 7/11/20
WSR 19-12-115, § 434-324-005, filed 6/5/19, effective 7/6/19. Statutory Authority: RCW 29A.04.611, 29A.04.620, and 29A.04.630. WSR 11-24-064, § 434-324-005, filed 12/6/11, effective 1/6/12. Statutory Authority: RCW 29A.04.611. WSR 09-18-098, § 434-324-005, filed 9/1/09, effective 10/2/09
WSR 07-24-044, § 434-324-005, filed 11/30/07, effective 12/31/07
WSR 07-12-032, § 434-324-005, filed 5/30/07, effective 6/30/07
WSR 05-24-039, § 434-324-005, filed 11/30/05, effective 12/31/05.

Wash. Admin. Code § 434-324-008 Election management system.

The secretary of state shall provide an election management system that has the capability to:

(1) Store information required in WAC 434-324-010;

(2) Generate a list of registered voters in a county and their registration statuses;

(3) Track information specific to single elections, including the issuance and return of ballots;

(4) Scan voter registration forms; and

(5) Store and provide access to images of signatures of registered voters.

The election management system must conform to all of the requirements of state law and of these regulations.

History

Statutory Authority: RCW 29A.04.611. WSR 20-13-043, § 434-324-008, filed 6/10/20, effective 7/11/20. Statutory Authority: RCW 29A.04.611, 29A.04.620, and 29A.04.630. WSR 11-24-064, § 434-324-008, filed 12/6/11, effective 1/6/12. Statutory Authority: RCW 29A.04.611. WSR 09-18-098, § 434-324-008, filed 9/1/09, effective 10/2/09
WSR 05-24-039, § 434-324-008, filed 11/30/05, effective 12/31/05.

Wash. Admin. Code § 434-324-010 Election management system—Applications for voter registration.

(1) Each auditor must enter and maintain voter registration records in the official statewide voter registration database by using the election management system. Each record must contain at least the following information from the voter registration application in a format compatible with the official statewide voter registration database:

(a) Name;

(b) Complete residential address;

(d) Voter registration number;

(e) Gender;

(f) Date of birth;

(g) Date of original registration;

(h) Applicable district and precinct codes;

(i) Elections in which the individual was eligible to vote and if the voter voted, if available;

(j) Washington state driver license number, Washington state identification card number, valid tribal identification card, and/or the last four digits of the applicant's Social Security number; and

(k) An electronic scanned image file of the applicant's signature.

(2) In the case of an applicant who provides a copy of one of the alternative forms of identification listed in RCW 29A.08.107 for registration purposes, the auditor must either maintain a scanned image of the identifying document or make a notation in the registration record indicating which alternative form of identification was provided to the auditor. Pursuant to RCW 29A.08.710, a scanned image of the identification is not available for public inspection or copying.

(3)(a) If a voter registration application is incomplete, the county auditor may use other government resources and public records to confirm the missing information, except if the missing information is the applicant's signature or confirmation of United States citizenship. The county auditor may also attempt to contact the applicant by phone, email or other means to obtain identification information.

(b) If, after these attempts, the county auditor is still unable to obtain the incomplete information, the county auditor must send the applicant a verification notice as defined by RCW 29A.08.030.

(4) When the county auditor enters an applicant's information into the secretary of state's voter registration database, the auditor must check for potential duplicate registrations found by the system.

(5) Each auditor must use quality assurance procedures to maintain accurate data entry into the statewide voter registration database.

History

Statutory Authority: RCW 29A.04.611. WSR 20-13-043, § 434-324-010, filed 6/10/20, effective 7/11/20. Statutory Authority: RCW 29A.04.611, 29A.04.620, and 29A.04.630. WSR 11-24-064, § 434-324-010, filed 12/6/11, effective 1/6/12. Statutory Authority: RCW 29A.04.611. WSR 09-18-098, § 434-324-010, filed 9/1/09, effective 10/2/09
WSR 07-24-044, § 434-324-010, filed 11/30/07, effective 12/31/07
WSR 07-02-100, § 434-324-010, filed 1/3/07, effective 2/3/07
WSR 06-11-041, § 434-324-010, filed 5/10/06, effective 6/10/06
WSR 05-24-039, § 434-324-010, filed 11/30/05, effective 12/31/05. Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. WSR 97-21-045, recodified as § 434-324-010, filed 10/13/97, effective 11/13/97
Order 74-4, § 434-24-010, filed 6/3/74
Order 6, § 434-24-010, filed 3/3/72.

Wash. Admin. Code § 434-324-020 County codes.

All auditors shall use the following system of two character codes for designating the county in which the voter is registered:

(1) Adams: AD;

(2) Asotin: AS;

(3) Benton: BE;

(4) Chelan: CH;

(5) Clallam: CM;

(6) Clark: CR;

(7) Columbia: CU;

(8) Cowlitz: CZ;

(9) Douglas: DG;

(10) Ferry: FE;

(11) Franklin: FR;

(12) Garfield: GA;

(13) Grant: GR;

(14) Grays Harbor: GY;

(15) Island: IS;

(16) Jefferson: JE;

(17) King: KI;

(18) Kitsap: KP;

(19) Kittitas: KS;

(20) Klickitat: KT;

(21) Lewis: LE;

(22) Lincoln: LI;

(23) Mason: MA;

(24) Okanogan: OK;

(25) Pacific: PA;

(26) Pend Oreille: PE;

(27) Pierce: PI;

(28) San Juan: SJ;

(29) Skagit: SK;

(30) Skamania: SM;

(31) Snohomish: SN;

(32) Spokane: SP;

(33) Stevens: ST;

(34) Thurston: TH;

(35) Wahkiakum: WK;

(36) Walla Walla: WL;

(37) Whatcom: WM;

(38) Whitman: WT; and

(39) Yakima: YA.

History

Statutory Authority: RCW 29A.04.611, 29A.04.620, and 29A.04.630. WSR 11-24-064, § 434-324-020, filed 12/6/11, effective 1/6/12. Statutory Authority: RCW 29A.04.611. WSR 05-24-039, § 434-324-020, filed 11/30/05, effective 12/31/05. Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. WSR 97-21-045, recodified as § 434-324-020, filed 10/13/97, effective 11/13/97
Order 74-4, § 434-24-020, filed 6/3/74
Order 6, § 434-24-020, filed 3/3/72.

Wash. Admin. Code § 434-324-026 Voter registration form.

| | | --- |

History

Statutory Authority: RCW 29A.04.611. WSR 24-16-019, § 434-324-026, filed 7/25/24, effective 8/25/24
WSR 21-21-001, § 434-324-026, filed 10/6/21, effective 11/6/21
WSR 20-13-043, § 434-324-026, filed 6/10/20, effective 7/11/20
WSR 19-12-115, § 434-324-026, filed 6/5/19, effective 7/6/19
WSR 17-12-090, § 434-324-026, filed 6/6/17, effective 7/7/17
WSR 14-06-040, § 434-324-026, filed 2/26/14, effective 3/29/14
WSR 12-14-074, § 434-324-026, filed 7/2/12, effective 8/2/12
WSR 10-03-072, § 434-324-026, filed 1/18/10, effective 2/18/10.

Wash. Admin. Code § 434-324-028 Date of application.

Consistent with RCW 29A.08.020, the date of receipt by an elections official is considered the date of voter registration application.

History

Statutory Authority: RCW 29A.04.611. WSR 19-12-115, § 434-324-028, filed 6/5/19, effective 7/6/19
WSR 14-06-040, § 434-324-028, filed 2/26/14, effective 3/29/14.

Wash. Admin. Code § 434-324-031 Electronic voter registration.

(1) The secretary of state's electronic voter registration web page must have the capability to:

(a) Reject applicants without a Washington state driver's license, state identification card, or valid tribal identification as required by RCW 29A.08.123;

(b) Require the applicant to affirmatively assent to the use of the applicant's driver's license, state identification card, or valid tribal identification card signature for voter registration purposes;

(d) Retrieve a digital copy of each applicant's driver's license or state identification card signature from the department of licensing or from an issuer of tribal identification that has agreed to make digitized signature information available for this purpose, and include it with the other information required for each applicant's voter registration; and

(e) Electronically transfer all information required for each applicant's voter registration to their county auditor for entry into the statewide voter registration database.

(2) The same timelines and processes used for registration by mail apply to electronic registration. A county auditor shall accept online and by mail applications no later than eight days before an election, and in-person applications at locations designated by the county auditor until 8:00 p.m. on election day.

History

Statutory Authority: RCW 29A.04.611. WSR 23-15-018, § 434-324-031, filed 7/7/23, effective 8/7/23
WSR 20-13-043, § 434-324-031, filed 6/10/20, effective 7/11/20
WSR 19-12-115, § 434-324-031, filed 6/5/19, effective 7/6/19. Statutory Authority: RCW 29A.04.611, 29A.04.620, and 29A.04.630. WSR 11-24-064, § 434-324-031, filed 12/6/11, effective 1/6/12. Statutory Authority: RCW 29A.04.611. WSR 07-24-044, § 434-324-031, filed 11/30/07, effective 12/31/07.

Wash. Admin. Code § 434-324-034 Confidentiality of protected records voter information.

All records pertaining to a protected records voter shall be maintained in a manner that ensures that the records are accessible only to authorized personnel. Information for a protected records voter shall not be maintained on any voter registration database and shall not be publicly accessible, except as provided by chapter 40.24 RCW.

History

Statutory Authority: RCW 29A.04.611. WSR 09-03-110, § 434-324-034, filed 1/21/09, effective 2/21/09.

Wash. Admin. Code § 434-324-040 Processing voter registrations.

(1) Upon entry of a new voter registration, the statewide voter registration database must assign a registration identification number to the registration.

(2) If the applicant provided a Washington driver's license number, state identification card number or valid tribal identification card, the applicant's identity is verified with the department of licensing. If the applicant provided the last four digits of their Social Security number, the applicant's identity is verified with the Social Security Administration through the department of licensing.

(3) If the applicant's identity is not verified or cannot be verified in the automated verification process, the county auditor must confirm the accuracy of the information entered from the voter registration application. The county auditor must correct any errors and again attempt to verify the applicant's identity automatically.

(4) If the applicant provided a Washington driver's license number, state identification number, or valid tribal identification number and the identity is not verified in the automated verification process, the county auditor may check department of licensing records to verify the applicant's identity. If the county auditor has the voter's Washington driver's license number, state identification number, or valid tribal identification card number, information on the application may be considered a "match" if it is clear to the county auditor that the information on the application describes the person on the department of licensing record. Reasons that the county auditor may conclude that the information on the application describes the person on the department of licensing record include, but are not limited to, the following:

(a) The first, middle, or last name on the application is a variation of the first, middle, or last name in the department of licensing record;

(b) The first, middle, or last name has transposed letters or another typographical error on the application or in the department of licensing record;

(d) The first and middle names are transposed on the application or in the department of licensing record;

(e) The applicant has a compound or hyphenated name which is not accurately or completely set forth on the application or in the department of licensing record;

(f) The first or middle name is abbreviated with initials on the application or in the department of licensing record;

(g) The last name on the application and the last name in the department of licensing record are not the same but, based on other information, the county auditor concludes that one of the names is a maiden name or a former name of the same person; or

(h) The month and day of the applicant's date of birth are transposed on the application or in the department of licensing record.

If the county auditor concludes that the information on the application describes the person on the department of licensing record, the county auditor must override the failure to verify through the automated verification process and must note the reason it is considered a match. The county auditor must place the applicant on the official list of registered voters in active status.

(i) If the applicant's identity is not verified in the automated verification process and the voter's identification could not be confirmed through the department of licensing, the applicant must be provisionally registered pursuant to RCW 29A.08.107. The registration record must be flagged as still requiring verification of the applicant's identity before the applicant's ballot may be counted.

History

Statutory Authority: RCW 29A.04.611. WSR 20-13-043, § 434-324-040, filed 6/10/20, effective 7/11/20
WSR 09-18-098, § 434-324-040, filed 9/1/09, effective 10/2/09
WSR 07-24-044, § 434-324-040, filed 11/30/07, effective 12/31/07
WSR 07-02-100, § 434-324-040, filed 1/3/07, effective 2/3/07
WSR 06-14-050, § 434-324-040, filed 6/28/06, effective 7/29/06
WSR 05-24-039, § 434-324-040, filed 11/30/05, effective 12/31/05.

Wash. Admin. Code § 434-324-045 Verification of applicant's identity.

(1) If the applicant is provisionally registered pursuant to WAC 434-324-040, the county auditor may use other government resources and public records to confirm the applicant's driver's license or state identification card number, valid tribal identification card, or the last four digits of the applicant's Social Security number. The county auditor may also attempt to contact the applicant by phone, email or other means to obtain identification information.

(2) If, after these attempts, the county auditor is still unable to verify the applicant's identity, the county auditor must send the applicant an identification notice at the time of registration that includes a postage prepaid, preaddressed form by which the applicant may verify or send additional information. The identification notice must include:

(a) A statement explaining that because the applicant's identity cannot be verified with the information provided on the application, they have been provisionally registered to vote.

(b) A statement explaining that if this additional information is not provided, the applicant's ballot will not be counted.

(c) A statement explaining that federal law requires the applicant to provide their driver's license number, state identification card number, valid tribal identification card number or the last four digits of their Social Security number, or a copy of one of the following forms of identification, either before or when they vote:

(i) Valid photo identification;

(ii) A valid enrollment card of a federally recognized tribe in Washington;

(iii) A current utility bill, or a current bank statement;

(iv) A current government check;

(v) A current paycheck; or

(vi) A government document, other than a voter registration card, which shows both the registrant's name and current address.

(3) If the applicant responds with updated driver's license, state identification card, valid tribal identification card, or Social Security information, or with a copy of one of the alternative forms of identification, the flag on the voter registration record must be removed, allowing the applicant's ballot to otherwise be counted the first time they vote after registering.

(4) If the applicant fails to respond with adequate documentation to verify the applicant's identity, the applicant's voter registration record must remain flagged. The applicant must be notified at the time of each election that the ballot will not be counted unless adequate verification of identity is provided.

(5) A provisional registration must remain on the official list of registered voters for at least two general elections for federal office. If, after two general elections for federal office, the voter still has not verified or provided information to verify identity, the provisional registration shall be canceled.

(6) The county auditor shall mail an identification notice to a primary-only voter, as defined in WAC 434-232-010, no earlier than 90 days before the primary that they are eligible to participate in.

(7) The county auditor shall not mail an identification notice to a participant in the future voter program established under RCW 29A.08.170 until the participant becomes a registered voter.

History

Statutory Authority: RCW 29A.04.611. WSR 23-15-018, § 434-324-045, filed 7/7/23, effective 8/7/23
WSR 22-10-041, § 434-324-045, filed 4/27/22, effective 5/28/22
WSR 20-13-043, § 434-324-045, filed 6/10/20, effective 7/11/20
WSR 14-06-040, § 434-324-045, filed 2/26/14, effective 3/29/14. Statutory Authority: RCW 29A.04.611, 29A.04.620, and 29A.04.630. WSR 11-24-064, § 434-324-045, filed 12/6/11, effective 1/6/12. Statutory Authority: RCW 29A.04.611. WSR 09-18-098, § 434-324-045, filed 9/1/09, effective 10/2/09
WSR 09-12-078, § 434-324-045, filed 5/29/09, effective 6/29/09
WSR 09-03-110, § 434-324-045, filed 1/21/09, effective 2/21/09
WSR 07-24-044, § 434-324-045, filed 11/30/07, effective 12/31/07
WSR 07-02-100, § 434-324-045, filed 1/3/07, effective 2/3/07.

Wash. Admin. Code § 434-324-055 Duplicate voter registration search conducted by secretary.

Upon receipt of an applicant's electronic voter registration record from the auditor, and on a daily basis, the secretary must search for potential duplicate registration records in the official statewide voter registration database by comparing the applicant's name and date of birth or other identifying information provided by the applicant on the voter registration form. Duplicates will be determined by comparing the signatures on all available records. If a voter is transferring their registration to a new county or if any other information on the application has been updated, the auditor of the new county must update the registration record in the state database.

History

Statutory Authority: RCW 29A.04.611. WSR 20-13-043, § 434-324-055, filed 6/10/20, effective 7/11/20
WSR 07-02-100, § 434-324-055, filed 1/3/07, effective 2/3/07
WSR 06-11-041, § 434-324-055, filed 5/10/06, effective 6/10/06
WSR 05-24-039, § 434-324-055, filed 11/30/05, effective 12/31/05.

Wash. Admin. Code § 434-324-076 Voter registration updates.

(1) Pursuant to RCW 29A.08.140, a person already registered to vote in Washington may update their registration by submitting an address change using a registration application or making notification via any non-in-person method that is physically received by an election official no later than eight days before election day, or by appearing in person no later than 8:00 p.m. on election day.

(2) The earliest date the voter registration update is received by an election official will be used as the registration date for the purpose of meeting the registration cutoff deadline.

(3) The county auditor may request additional identifying information before processing a voter registration update submitted on behalf of a family or household member.

(4) If a voter submits a registration transfer to a new county by the deadline in RCW 29A.08.140, but the voter's previous county issued the voter a ballot before the transfer is processed and the voter's ballot issued by the previous county was received but not yet accepted, the previous county must mail the suspended ballot to the voter's new county. If any races or issues on the suspended ballot from the previous county are applicable to the voter's residential address in the new county, the votes on those races and issues should be counted by the new county only when the voter does not vote and return a current ballot, or when the current ballot cannot be processed due to incorrect or incomplete information on the ballot envelope.

(5) If a participant in the future voter program established under RCW 29A.08.170 submits an address change, the county auditor must update the address listed on the application.

History

Statutory Authority: RCW 29A.04.611. WSR 25-09-168, s 434-324-076, filed 4/23/25, effective 6/1/25
WSR 20-13-043, § 434-324-076, filed 6/10/20, effective 7/11/20
WSR 19-12-115, § 434-324-076, filed 6/5/19, effective 7/6/19
WSR 14-06-040, § 434-324-076, filed 2/26/14, effective 3/29/14. Statutory Authority: RCW 29A.04.611, 29A.08.420, 29A.24.131, 29A.40.110, 29A.46.020, and 29A.80.041. WSR 10-14-091, § 434-324-076, filed 7/6/10, effective 8/6/10.

Wash. Admin. Code § 434-324-085 Acknowledgment notice.

(1) The auditor must send an acknowledgment notice to an individual by nonforwardable, address correction requested mail if an individual:

(a) Registers to vote;

(b) Transfers their registration record within the county;

(d) Changes from one precinct to another because of a change in precinct boundaries.

(2) The acknowledgment notice must include:

(a) Voter's full name;

(b) Mailing address;

(d) Precinct name and/or number; and

(e) The date the voter registered.

(3) The county auditor shall mail an acknowledgment notice to a primary-only voter, as defined in WAC 434-232-010, no earlier than 90 days before the primary that they are eligible to participate in.

(4) The county auditor shall not mail an acknowledgment notice to a participant in the future voter program established under RCW 29A.08.170 until the participant becomes a registered voter.

History

Statutory Authority: RCW 29A.04.611. WSR 22-10-041, § 434-324-085, filed 4/27/22, effective 5/28/22
WSR 20-13-043, § 434-324-085, filed 6/10/20, effective 7/11/20
WSR 09-18-098, § 434-324-085, filed 9/1/09, effective 10/2/09
WSR 07-02-100, § 434-324-085, filed 1/3/07, effective 2/3/07
WSR 06-11-041, § 434-324-085, filed 5/10/06, effective 6/10/06
WSR 05-24-039, § 434-324-085, filed 11/30/05, effective 12/31/05. Statutory Authority: RCW 29A.04.610. WSR 04-15-089, § 434-324-085, filed 7/16/04, effective 8/16/04. Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. WSR 98-03-033, § 434-324-085, filed 1/13/98, effective 2/13/98
WSR 97-21-045, recodified as § 434-324-085, filed 10/13/97, effective 11/13/97
Order 74-4, § 434-24-085, filed 6/3/74.

Wash. Admin. Code § 434-324-087 Confirmation notice.

(1) When a voter is placed on inactive status, the county auditor must send a confirmation notice to the voter by first-class forwardable mail, and must include a response form that:

(a) Is preaddressed and postage prepaid;

(b) Includes the voter's registration number;

(d) Asks the voter to sign affirming the information is accurate.

(2) When the voter sends the county auditor a response to the confirmation notice, the auditor must:

(a) Transfer the voter's registration and send the voter an acknowledgment notice if the response indicates that the voter has moved within the county.

(b) Forward the confirmation notice to the voter's new county by mail or electronically if the response indicates that the voter has moved to another county within Washington.

The county auditor in the voter's new county must update the voter's registration and send the voter an acknowledgment notice.

(c) Cancel the voter's registration if the response indicates that the voter has moved out-of-state and the response is signed. Prior to cancellation, the county auditor must ensure the signature matches the signature in the voter registration file by utilizing criteria outlined in WAC 434-261-051.

(d) Keep the voter on inactive status according to RCW 29A.08.635 if the response indicates that the voter has moved out-of-state but is not signed.

(3) The county auditor shall mail a confirmation notice to a primary-only voter, as defined in WAC 434-232-010, no earlier than 90 days before the primary that they are eligible to participate in.

(4) The county auditor shall not mail a confirmation notice to a participant in the future voter program established under RCW 29A.08.170 until the participant becomes a registered voter.

History

Statutory Authority: RCW 29A.04.611. WSR 25-09-168, s 434-324-087, filed 4/23/25, effective 6/1/25
WSR 22-10-041, § 434-324-087, filed 4/27/22, effective 5/28/22
WSR 20-13-043, § 434-324-087, filed 6/10/20, effective 7/11/20
WSR 12-14-074, § 434-324-087, filed 7/2/12, effective 8/2/12.

Wash. Admin. Code § 434-324-090 Cancellation due to death—Process.

(1) An auditor must cancel the voter registration records of a deceased voter as authorized by RCW 29A.08.510.

(2) In addition to comparing a list of deceased persons prepared by the registrar of vital statistics with voter registration records pursuant to RCW 29A.08.510, the secretary may also compare voter registration records with deceased persons' information from the Social Security Administration. Comparisons must be conducted on a monthly basis. For any potential matches identified through the registrar of vital statistics or Social Security Administration, the secretary must confirm that the dates of birth are identical. The secretary must generate a county list of matching names, identified as potentially deceased voters, and provide the names to each auditor electronically. The auditor must review the list and approve or reject the proposed cancellations. The secretary may assist the auditor with this review.

(3) The county auditor must remove a participant from the future voter program established under RCW 29A.08.170 upon receipt of documentation from Vital Statistics, Social Security Administration, official death certificate, or written confirmation from another registered voter that the participant is deceased.

History

Statutory Authority: RCW 29A.04.611. WSR 24-03-053, § 434-324-090, filed 1/10/24, effective 2/10/24
WSR 20-13-043, § 434-324-090, filed 6/10/20, effective 7/11/20
WSR 09-18-098, § 434-324-090, filed 9/1/09, effective 10/2/09
WSR 06-11-041, § 434-324-090, filed 5/10/06, effective 6/10/06
WSR 05-24-039, § 434-324-090, filed 11/30/05, effective 12/31/05.

Wash. Admin. Code § 434-324-095 Cancellation due to death—Forms.

Pursuant to RCW 29A.08.510, the auditor must furnish to the public upon request forms for the purpose of permitting registered voters to request that the voter registration record of any person, whom they personally know to be deceased, be canceled.

History

Statutory Authority: RCW 29A.04.611. WSR 09-18-098, § 434-324-095, filed 9/1/09, effective 10/2/09
WSR 05-24-039, § 434-324-095, filed 11/30/05, effective 12/31/05. Statutory Authority: RCW 29A.04.610. WSR 04-15-089, § 434-324-095, filed 7/16/04, effective 8/16/04. Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. WSR 98-03-033, § 434-324-095, filed 1/13/98, effective 2/13/98
WSR 97-21-045, recodified as § 434-324-095, filed 10/13/97, effective 11/13/97
Order 74-4, § 434-24-095, filed 6/3/74.

Wash. Admin. Code § 434-324-103 Verification notices.

A verification notice must be sent when a voter registration application does not contain all the minimum information required in RCW 29A.08.010. The notice must be sent by first-class forwardable mail and must include a response form that:

(1) Is preaddressed and postage paid or is accompanied by a preaddressed and postage paid return envelope.

(2) Requests that the applicant provide the missing information only.

(3) Requests that the applicant provide the missing information within 45 days from the date the verification notice was mailed.

If the applicant does not respond by the 45 day deadline, the voter registration application is considered void.

(4) The county auditor shall mail a verification notice to a primary-only voter, as defined in WAC 434-232-010, no earlier than 90 days before the primary that they are eligible to participate in.

(5) The county auditor shall not mail a verification notice to a participant in the future voter program established under RCW 29A.08.170 until the participant becomes a registered voter.

History

Statutory Authority: RCW 29A.04.611. WSR 22-10-041, § 434-324-103, filed 4/27/22, effective 5/28/22
WSR 20-13-043, § 434-324-103, filed 6/10/20, effective 7/11/20. Statutory Authority: RCW 29A.04.611 and 29A.04.620. WSR 16-13-063, § 434-324-103, filed 6/13/16, effective 7/14/16.

Wash. Admin. Code § 434-324-104 Automatic voter registration acknowledgment notice packages.

(1) Upon receipt of a complete automatic voter registration application, the county auditor must send the automatic voter registration applicant an acknowledgment notice package as defined in RCW 29A.08.030 within five business days. The voter registration transaction can include initial registration, name change, residential address change, mailing address change, or reactivation of an inactive voter registration. The notice package must be sent by nonforwardable, address correction requested mail, and include:

(a) A postage prepaid, preaddressed return automatic voter registration opt-out form as prescribed by the office of the secretary of state or in substantially the same format;

(b) An acknowledgment notice as defined in RCW 29A.08.030 and WAC 434-324-085; and

(2) If the automatic voter registration application does not contain the minimum information required in RCW 29A.08.010, the county auditor shall mail a verification notice and automatic voter registration opt-out form simultaneously to the prospective registration applicant, following procedure as set forth in RCW 29A.08.110 and WAC 434-324-103.

(3) The county auditor shall mail an automatic voter registration acknowledgment notice package to a primary-only voter, as defined in WAC 434-232-010, no earlier than 90 days before the primary that they are eligible to participate in.

(4) The county auditor shall not mail an automatic voter registration acknowledgment notice package to a participant in the future voter program established under RCW 29A.08.170 until the participant becomes a registered voter.

(5) In addition to mailing the automatic voter registration acknowledgment package, the county auditor may provide notification to the registration applicant by:

(a) Telephone, leaving a voicemail if the automatic voter registration applicant does not answer and voicemail is available (if the automatic voter registration applicant has provided a phone number);

(b) Text message (if the automatic voter registration applicant has opted into text message notifications); or

(c) Email, enclosing a copy of the automatic voter registration acknowledgment notice package (if the automatic voter registration applicant has provided an email address).

(6) If the automatic voter registration information provided by the government agency where the voter applied to government services is for a currently registered voter and does not contain a change to the voter's name or address(es), the county auditor may choose whether to send the voter an automatic voter registration acknowledgment notice package.

(7) Prior to removal from the statewide voter registration database of a new voter registration record upon receipt of the automatic voter registration opt-out form, the county auditor must ensure that the signature on the automatic voter registration opt-out form matches the signature in the voter registration record by utilizing criteria outlined in WAC 434-261-052.

(a) If the signature on the automatic voter registration opt-out form matches the signature on the voter registration record, the registration is removed from the statewide voter registration database, and the prospective registration applicant is deemed to have never registered to vote.

(b) If the signature on the automatic voter registration opt-out form does not match the signature on the voter registration record, the county auditor must attempt to contact the prospective registration applicant consistent with subsection (5) of this section. To be deemed as never having registered to vote, the prospective registration applicant must either:

(i) Appear in person and sign an automatic voter registration opt-out form no later than close of business 15 days following the date the package was mailed by the county auditor; or

(ii) Sign an automatic voter registration opt-out form and return it to the county auditor no later than close of business 15 days following the date the package was mailed by the county auditor.

(8) Upon receipt of an automatic voter registration opt-out form from a currently registered voter, the county auditor must ensure that the signature on the form matches the signature in the voter registration record by utilizing criteria outlined in WAC 434-261-052.

(a) If the signature on the automatic voter registration opt-out form matches the signature on the voter registration record, the automatic voter registration application changes are nullified, and the voter registration record will revert to the data in the record prior to the application being processed.

(b) If the signature on the automatic voter registration opt-out form does not match the signature on the voter registration record, the county auditor must attempt to contact the voter consistent with subsection (5) of this section. To nullify the voter registration record changes, the voter must either:

(i) Appear in person and sign an automatic voter registration opt-out form no later than close of business 15 days following the date the package was mailed by the county auditor; or

(ii) Sign an automatic voter registration opt-out form and return it to the county auditor no later than close of business 15 days following the date the package was mailed by the county auditor.

(9) The date of registration is the date an election official receives the information to register the person to vote. If an automatic voter registration application is received in the eight days prior to election day, the date of registration is the day after the election, and the county auditor must mail the automatic voter registration acknowledgment package within five business days following election day.

(10) The county auditor must keep a record of the voter opt-out forms sent and received. The record must contain the date on which the notice package was mailed, the date on which the voter was contacted in other means if applicable, as well as the date on which the voter subsequently submitted an automatic voter registration opt-out form to cancel the pending automatic voter registration record.

History

Statutory Authority: RCW 29A.04.611. WSR 24-16-019, § 434-324-104, filed 7/25/24, effective 8/25/24.

Wash. Admin. Code § 434-324-106 Felony screening process—Potential match check.

(1) The right to vote is restored following a felony conviction that includes serving a sentence of total confinement upon release from total confinement as established in RCW 29A.08.520.

(2)(a) The secretary of state must compare lists of persons held in total confinement for a felony conviction with the list of registered voters, to identify individuals appearing on both lists.

(b) Upon receiving new data, or at least on a monthly basis, the secretary must compare the voter registration records to lists of persons who have been:

(i) Convicted of a felony in Washington state court and are serving a sentence of total confinement under the jurisdiction of the Washington state department of corrections, when lists of such persons are provided by the department of corrections.

(ii) Convicted by a federal court or any state court other than a Washington state court and currently serving a sentence of total confinement, when lists of such persons are provided by federal or other state authorities.

(3) The secretary must create a list of voters potentially convicted of a felony as identified in subsection (1) of this section by matching the first name, last name, date of birth, and other identifying information.

(4)(a) For each voter identified through the process set forth in subsections (1) and (2) of this section, the secretary must change the voter's registration status to "pending" with a status reason that indicates the record is for a person who is potentially ineligible to vote due to serving a sentence of total confinement for a felony conviction, or incarcerated for a felony conviction in a state other than Washington state or federal court.

(b) Voters with a pending status must not be issued a ballot.

History

Statutory Authority: RCW 29A.04.611. WSR 21-24-052, § 434-324-106, filed 11/24/21, effective 12/25/21
WSR 20-13-043, § 434-324-106, filed 6/10/20, effective 7/11/20. Statutory Authority: RCW 29A.04.611, 29A.04.620, and 29A.04.630. WSR 11-24-064, § 434-324-106, filed 12/6/11, effective 1/6/12. Statutory Authority: RCW 29A.04.611. WSR 10-03-072, § 434-324-106, filed 1/18/10, effective 2/18/10
WSR 09-18-098, § 434-324-106, filed 9/1/09, effective 10/2/09
WSR 06-23-094, § 434-324-106, filed 11/15/06, effective 12/16/06
WSR 05-24-039, § 434-324-106, filed 11/30/05, effective 12/31/05.

Wash. Admin. Code § 434-324-1065 Felony screening process—Mailing to potential matches.

(1) The secretary must mail a notification letter to each registered voter identified through the process set forth in WAC 434-324-106.

(2) The notification letter must contain language informing the person:

(a) That they are potentially a voter whose status is pending cancellation;

(b) That they must contact their county auditor's office to contest the pending cancellation;

(d) That a person serving a sentence of total confinement under the jurisdiction of the department of corrections for a felony conviction, or currently incarcerated due to a felony conviction in another state or federal court loses the right to vote until the right is restored;

(e) Of the reason the person has been declared ineligible to vote;

(f) That the person's voter registration will be canceled due to their total confinement under the jurisdiction of the department of corrections for a felony conviction or incarceration in another state or federal prison for a felony conviction if they do not respond within 30 days from the date of the letter; and

(g) How to contest the pending cancellation.

(3) The notification letter must be sent to the person's last known registration mailing address and to the person's address on file with the department of corrections indicating that their voter registration is about to be canceled.

(4) The notification letter must contain language informing the person that for a felony conviction in a Washington state court, the right to vote is 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 another state or federal court, the right to vote is restored as long as the person is no longer incarcerated;

(5) The secretary must send to each auditor the voter registration status information for each matched person registered to vote in that county who has been identified as pending cancellation by this section.

History

Statutory Authority: RCW 29A.04.611. WSR 21-24-052, § 434-324-1065, filed 11/24/21, effective 12/25/21
WSR 20-13-043, § 434-324-1065, filed 6/10/20, effective 7/11/20.

Wash. Admin. Code § 434-324-107 Felony screening process—Contesting cancellation or canceling.

(1) If a person sent a notification by the secretary under the processes set forth in WAC 434-324-1065 fails to contact the auditor within 30 days of the date of the letter, that person's voter registration must be canceled. If an election in which the person would otherwise be eligible to vote is scheduled to occur during the 30 days, the person must be allowed to vote a provisional ballot. Any unreturned ballot issuances for the voter must be suspended and, if returned, held until the question of the person's eligibility can be resolved.

(2) The question of the person's eligibility to vote may be resolved and the pending status reversed if:

(a) The person provides verifiable information that the person is not serving a sentence of total confinement;

(b) The person's voting rights have been restored;

(d) The person convicted is not the registered voter;

(e) The person is no longer incarcerated due to a felony conviction in another state or federal court; or

(f) The person is otherwise eligible to vote.

(3) If a ballot is received from a voter whose status was changed to "pending" in accordance with WAC 434-324-106 after ballots were issued, the ballot must be held until the question of the person's eligibility can be resolved.

The disposition of the ballot can be decided in the following ways:

(a) If the question of the voter's eligibility is resolved as stated in subsection (2) of this section, the ballot should be counted if otherwise valid.

(b) If the voter is verified as serving a sentence of total confinement under the jurisdiction of the department of corrections for a felony conviction or is currently incarcerated due to a felony conviction in a state other than Washington state or federal court, then the ballot should not be counted.

(c) If the voter's eligibility has not been resolved, then the canvassing board, prosecuting attorney, or their designees should attempt to acquire documentation and/or contact the department of corrections or other institution to verify whether the individual is serving a sentence of total confinement under the jurisdiction of the department of corrections for a felony conviction or is incarcerated due to a felony conviction in a state other than Washington state or federal court.

(d) If the voter's status cannot be verified, then the ballot should be counted if otherwise valid.

(4) The auditor must notify the voter and the secretary of state when their pending status is removed. The secretary must flag the voter registration record to prevent future cancellation on the same basis.

History

Statutory Authority: RCW 29A.04.611. WSR 21-24-052, § 434-324-107, filed 11/24/21, effective 12/25/21
WSR 20-13-043, § 434-324-107, filed 6/10/20, effective 7/11/20.

Wash. Admin. Code § 434-324-108 Incapacitated persons lacking voting rights—Notice from court.

Upon receipt of a court order declaring an incapacitated person does not retain voting rights as outlined in RCW 11.130.310, the auditor must search the state election management system to determine whether the person is a registered voter. If the auditor determines the incapacitated person's name and other identifying information match, they must cancel the incapacitated person's voter registration and send a cancellation notice to the incapacitated person using the last known address.

History

Statutory Authority: RCW 29A.04.611. WSR 23-15-018, § 434-324-108, filed 7/7/23, effective 8/7/23
WSR 20-13-043, § 434-324-108, filed 6/10/20, effective 7/11/20
WSR 12-14-074, § 434-324-108, filed 7/2/12, effective 8/2/12
WSR 06-11-041, § 434-324-108, filed 5/10/06, effective 6/10/06.

Wash. Admin. Code § 434-324-111 Voluntary cancellation of voter registration.

A voter may cancel their own voter registration by submitting a signed written notification to the auditor for the county in which the voter is registered to vote. Prior to cancellation of such a registration record, the auditor must ensure the signature on the notification matches the signature in the voter registration file by utilizing criteria outlined in WAC 434-261-051. A county auditor may not process a voluntary cancellation between the deadline in RCW 29A.08.140 for updating a registration and certification of the primary or election.

A participant in the future voter program established under RCW 29A.08.170 may be removed from the program by submitting a signed written notification to the auditor for the county in which they live. The auditor shall process the notification in the same manner as other voluntary cancellations.

History

Statutory Authority: RCW 29A.04.611. WSR 24-07-018, § 434-324-111, filed 3/8/24, effective 5/4/24
WSR 20-13-043, § 434-324-111, filed 6/10/20, effective 7/11/20
WSR 14-06-040, § 434-324-111, filed 2/26/14, effective 3/29/14
WSR 05-24-039, § 434-324-111, filed 11/30/05, effective 12/31/05.

Wash. Admin. Code § 434-324-113 Lacking the qualifications necessary to vote.

(1) If, at any time, the secretary finds that a registered voter does not possess the qualifications required by state law to exercise their right to vote for reasons not listed in this chapter, the secretary must refer such information to the appropriate county auditor and county prosecutor.

(2) If, at any time, the auditor finds that a registered voter does not possess the qualifications required by state law to exercise their right to vote for reasons not listed in this chapter, the auditor must notify the county prosecutor.

History

Statutory Authority: RCW 29A.04.611. WSR 20-13-043, § 434-324-113, filed 6/10/20, effective 7/11/20
WSR 09-18-098, § 434-324-113, filed 9/1/09, effective 10/2/09
WSR 08-15-052, § 434-324-113, filed 7/11/08, effective 8/11/08
WSR 06-11-041, § 434-324-113, filed 5/10/06, effective 6/10/06
WSR 05-24-039, § 434-324-113, filed 11/30/05, effective 12/31/05.

Wash. Admin. Code § 434-324-115 Challenge of voter's registration.

(1) All county auditors and the secretary of state shall furnish to the public on request forms that allow a registered voter to challenge the registration of another voter pursuant to RCW 29A.08.810 through 29A.08.850. The secretary of state must make the form available on its website.

(2) Voter registration challenges filed with the county auditor shall be published on the county auditor's website as required by RCW 29A.08.835. The final decision of the county auditor or canvassing board shall also be posted on the county auditor's website. The challenge and final decision must remain on the county auditor's website for one month after the final decision was made.

History

Statutory Authority: RCW 29A.04.611. WSR 18-10-003, § 434-324-115, filed 4/19/18, effective 5/20/18
WSR 14-06-040, § 434-324-115, filed 2/26/14, effective 3/29/14. Statutory Authority: RCW 29A.04.611, 29A.04.620, and 29A.04.630. WSR 11-24-064, § 434-324-115, filed 12/6/11, effective 1/6/12. Statutory Authority: RCW 29A.04.611. WSR 06-14-050, § 434-324-115, filed 6/28/06, effective 7/29/06. Statutory Authority: RCW 29A.08.850. WSR 05-17-094, § 434-324-115, filed 8/15/05, effective 9/15/05. Statutory Authority: RCW 29A.04.610. WSR 04-15-089, § 434-324-115, filed 7/16/04, effective 8/16/04. Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. WSR 97-21-045, recodified as § 434-324-115, filed 10/13/97, effective 11/13/97
Order 74-4, § 434-24-115, filed 6/3/74.

Wash. Admin. Code § 434-324-125 Voter registration database manual.

The secretary of state and each county auditor must conduct voter registration list maintenance, process online voter registrations, motor voter registrations and agency-based registrations, and update registrations according to procedures and instructions in the statewide voter registration database manual.

History

Statutory Authority: RCW 29A.04.611. WSR 20-13-043, § 434-324-125, filed 6/10/20, effective 7/11/20. Statutory Authority: RCW 29A.04.611, 29A.04.620, and 29A.04.630. WSR 11-24-064, § 434-324-125, filed 12/6/11, effective 1/6/12.

Wash. Admin. Code § 434-324-130 Lists of registered voters for the public.

(1) Pursuant to the provisions of RCW 29A.08.710, 29A.08.720 and 29A.08.740, the auditor or secretary must furnish to any person, upon request, the current list of registered voters at actual reproduction cost. The auditor or secretary may also provide a list of canceled voters. Auditors may combine these lists. The auditor or secretary may, upon request, select names and addresses from the voter registration records on the basis of the precinct code, the district code, date of registration, or voting history of each individual voter in that portion of the voter registration file. Such lists must contain the information prescribed in RCW 29A.08.710 for each registered voter and may be in printed or electronic form.

(2) Such voter registration lists may not be used for commercial purposes. The person making the request must be provided a copy of RCW 29A.08.740.

History

Statutory Authority: RCW 29A.04.611. WSR 09-18-098, § 434-324-130, filed 9/1/09, effective 10/2/09
WSR 06-23-094, § 434-324-130, filed 11/15/06, effective 12/16/06
WSR 06-11-041, § 434-324-130, filed 5/10/06, effective 6/10/06
WSR 05-24-039, § 434-324-130, filed 11/30/05, effective 12/31/05. Statutory Authority: RCW 29A.04.610. WSR 04-15-089, § 434-324-130, filed 7/16/04, effective 8/16/04. Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. WSR 98-03-033, § 434-324-130, filed 1/13/98, effective 2/13/98
WSR 97-21-045, recodified as § 434-324-130, filed 10/13/97, effective 11/13/97
Order 74-4, § 434-24-130, filed 6/3/74
Order 6, filed 3/3/72.

Wash. Admin. Code § 434-324-140 Requests for list of registered voters.

The auditor or secretary may require each person who requests a list of registered voters under the authority of RCW 29A.08.720 and WAC 434-324-130 to sign a request which includes penalty requirements as set forth in RCW 29A.08.720 and 29A.08.740.

History

Statutory Authority: RCW 29A.04.611. WSR 05-24-039, § 434-324-140, filed 11/30/05, effective 12/31/05. Statutory Authority: RCW 29A.04.610. WSR 04-15-089, § 434-324-140, filed 7/16/04, effective 8/16/04. Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. WSR 97-21-045, recodified as § 434-324-140, filed 10/13/97, effective 11/13/97
Order 74-4, § 434-24-140, filed 6/3/74. Formerly WAC 434-24-130.

Wash. Admin. Code § 434-324-150 Retaining voter registration records.

The secretary and each county must retain the voter registration records according to a retention schedule approved by the state or local records committee and promulgated by the archives division of the secretary's office. On an annual basis, the secretary must copy all voter registration records from the statewide voter registration database after each general election. By December 31st of each year, the secretary must transfer the copy to the state archives division for permanent retention. This copy will contain all voter registration records in the statewide voter registration database, including active, inactive, and canceled records.

History

Statutory Authority: RCW 29A.04.611. WSR 06-14-050, § 434-324-150, filed 6/28/06, effective 7/29/06
WSR 05-24-039, § 434-324-150, filed 11/30/05, effective 12/31/05.

Wash. Admin. Code § 434-324-165 Disaster recovery and security plans.

The secretary must maintain disaster recovery and security plans for the voter registration database. A copy of the plans must be stored offsite. Both plans are exempt from public disclosure pursuant to RCW 42.56.420.

History

Statutory Authority: RCW 29A.04.611. WSR 09-18-098, § 434-324-165, filed 9/1/09, effective 10/2/09
WSR 06-11-041, § 434-324-165, filed 5/10/06, effective 6/10/06.

Chapter 434-335 Voting systems.

Wash. Admin. Code § 434-335-005 Broken or missing seals.

If a seal is missing or broken without authority, all subsequent steps taken must be documented and included in a report to the canvassing board.

History

Statutory Authority: RCW 29A.04.611. WSR 06-14-050, § 434-335-005, filed 6/28/06, effective 7/29/06.

Wash. Admin. Code § 434-335-010 Certification of voting equipment.

All voting systems, voting devices, and vote tallying systems must meet applicable federal standards and be certified and approved by the secretary of state before they can be used in Washington state pursuant to RCW 29A.12.020.

History

Statutory Authority: RCW 29A.04.611. WSR 07-12-032, § 434-335-010, filed 5/30/07, effective 6/30/07
WSR 06-14-050, § 434-335-010, filed 6/28/06, effective 7/29/06
WSR 05-18-022, § 434-335-010, filed 8/29/05, effective 9/29/05.

Wash. Admin. Code § 434-335-020 Voting systems review board.

The voting systems review board may review voting systems for certification and make recommendations to the secretary of state based upon those reviews. The voting systems review board consists of five members, and may include independent experts in computer science or information technology, recognized experts in election administration, and representatives of the public at large. Members of the voting systems review board are appointed by the secretary of state to staggered two year terms. Appointees may be reappointed to serve more than one term. The secretary of state may appoint a new member to fill any vacancy on the board for the remainder of the unexpired term. The duties of the voting systems review board include reviewing an application for certification, as provided in WAC 434-335-090, conducting a public hearing on the application, as provided in WAC 434-335-100, and making recommendations on the application to the secretary of state, as provided in WAC 434-335-110.

History

Statutory Authority: RCW 29A.04.611. WSR 09-03-110, § 434-335-020, filed 1/21/09, effective 2/21/09
WSR 05-18-022, § 434-335-020, filed 8/29/05, effective 9/29/05.

Wash. Admin. Code § 434-335-030 Initial application for certification.

Any person or corporation (applicant) owning or representing a voting system or a vote tabulating system, part of a system, equipment, materials or procedure may apply in writing to the secretary of state for certification.

(1) The application must include, but is not limited to, the following information:

(a) A description of the applicant, business address, and list of election products;

(b) A description of the equipment or software under review, the equipment or software version numbers and operating and maintenance manuals.

(2) The secretary of state may request the applicant provide additional information such as:

(a) Customer references, training materials, and technical and operational specifications;

(b) A copy of a letter from the applicant to each voting system test laboratory which authorizes the voting system test laboratory to discuss testing procedures and findings with the secretary of state.

(3) All documents, or portions of documents, containing proprietary information are not subject to public disclosure. The secretary of state must agree to use proprietary information solely for the purpose of analyzing and testing the system, and to the extent permitted by law, may not use the proprietary information or disclose it to any other person or agency without the prior written consent of the applicant.

History

Statutory Authority: RCW 29A.04.611. WSR 10-03-072, § 434-335-030, filed 1/18/10, effective 2/18/10
WSR 09-03-110, § 434-335-030, filed 1/21/09, effective 2/21/09
WSR 07-24-044, § 434-335-030, filed 11/30/07, effective 12/31/07
WSR 07-20-074, § 434-335-030, filed 10/1/07, effective 11/1/07. Statutory Authority: RCW 29A.04.611, 2006 c 344. WSR 07-09-035, § 434-335-030, filed 4/11/07, effective 5/12/07. Statutory Authority: RCW 29A.04.611. WSR 05-18-022, § 434-335-030, filed 8/29/05, effective 9/29/05.

Wash. Admin. Code § 434-335-040 Voting system requirements.

(1) No voting device or its component software may be certified by the secretary of state unless it:

(a) Secures to the voter secrecy in the act of voting;

(b) 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;

(d) 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;

(e) Produces a machine countable and human readable paper record for each vote that may be accepted or rejected by the voter before finalizing his or her vote. The paper record of an electronic vote may not be removed from the device by the voter. If the voting device is programmed to display the ballot in multiple languages, the paper record produced must be printed in the language used by the voter; and

(f) Has been tested and approved by the appropriate voting system test laboratory approved by the United States election assistance commission.

(2) No vote tabulating system may be certified by the secretary of state unless it:

(a) Correctly counts votes on ballots on which the proper number of votes have been marked for any office or issue;

(b) 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;

(c) 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 ballot measure on the ballot in that precinct;

(d) Produces precinct and cumulative totals in printed form; and

(e) Produces legislative and congressional district totals for statewide races and issues in electronic and printed form.

(3) A vote tabulating system must:

(a) Be capable of being secured with lock and seal when not in use;

(b) Be secured physically and electronically against unauthorized access;

(c) Not be connected to, or operated on, any electronic network including, but not limited to, internal office networks, the internet, or the world wide web. A network may be used as an internal, integral part of the vote tabulating system but that network must not be connected to any other network, the internet, or the world wide web; and

(d) Not use wireless communications in any way.

History

Statutory Authority: RCW 29A.04.611, 29A.04.620, and 29A.04.630. WSR 11-24-064, § 434-335-040, filed 12/6/11, effective 1/6/12. Statutory Authority: RCW 29A.04.611. WSR 09-03-110, § 434-335-040, filed 1/21/09, effective 2/21/09
WSR 08-15-052, § 434-335-040, filed 7/11/08, effective 8/11/08
WSR 06-11-042, § 434-335-040, filed 5/10/06, effective 6/10/06
WSR 05-18-022, § 434-335-040, filed 8/29/05, effective 9/29/05.

Wash. Admin. Code § 434-335-050 Closing an incomplete application.

Upon receipt of an application, the secretary of state examines the application for completeness. If the application is not complete, the secretary of state must notify the applicant in writing of the information required to complete the application. Notification must occur within thirty days of receipt of the application. If all requested information is not received within thirty days of the written notification, the secretary of state deems the application closed. Closure of an application does not prevent the applicant from submitting a new application to the secretary of state.

History

Statutory Authority: RCW 29A.04.611. WSR 05-18-022, § 434-335-050, filed 8/29/05, effective 9/29/05.

Wash. Admin. Code § 434-335-060 Examination of equipment.

Secretary of state staff will initiate an examination of the applicant's equipment after receiving a completed application and a working model of the equipment, documentation, and software to be reviewed.

The examination verifies that the system or equipment meets all applicable federal guidelines, and consists of a series of functional application tests designed to ensure that the system or equipment meets Washington state law and rules. The software tested shall be the approved software from the voting system test laboratory.

The examination may include an additional voting system test laboratory test at the discretion of the secretary of state. The examination shall include the set-up and conduct of mock elections, including a machine recount. The elections must feature at least ten precincts, with at least ten ballots in each precinct, and must test split precincts, partisan and nonpartisan offices, and contests that allow the voter to vote for multiple candidates. The tests must include ballots of various ballot styles, and include multiple candidates, write-in candidates and overvoted contests.

History

Statutory Authority: RCW 29A.04.611, 29A.04.620, and 29A.04.630. WSR 11-24-064, § 434-335-060, filed 12/6/11, effective 1/6/12. Statutory Authority: RCW 29A.04.611. WSR 10-03-072, § 434-335-060, filed 1/18/10, effective 2/18/10
WSR 09-03-110, § 434-335-060, filed 1/21/09, effective 2/21/09
WSR 07-24-044, § 434-335-060, filed 11/30/07, effective 12/31/07
WSR 05-18-022, § 434-335-060, filed 8/29/05, effective 9/29/05.

Wash. Admin. Code § 434-335-070 Additional information and equipment required.

The vendor shall provide a working model of the equipment under review for the duration of the examination.

History

Statutory Authority: RCW 29A.04.611. WSR 08-05-120, § 434-335-070, filed 2/19/08, effective 3/21/08
WSR 05-18-022, § 434-335-070, filed 8/29/05, effective 9/29/05.

Wash. Admin. Code § 434-335-090 Voting systems review board evaluation.

The voting systems review board evaluation must include, but is not limited to:

(1) A review of statutory requirements;

(2) A review of applicable federal standards;

(3) A review of the approved qualification test results released directly to the secretary of state by the federally approved voting system test laboratory;

(4) If applicable, a review of reports or other materials from prior hearings on the proposed system, procedure, or modification, either in whole or in part;

(5) A review of the report produced by the secretary of state upon completion of the examination of the voting system;

(6) If applicable, a review of any procedures manuals, guidelines, or other materials issued for use with the system;

(7) A review of any effect the application will have on the security of the voting system;

(8) A review of any effect the application will have on the accuracy of the voting system;

(9) A review of any effect the application will have on the ease and convenience with which voters use the system;

(10) A review of any effect the application will have on the timeliness of vote reporting; and

(11) A review of any effect the application will have on the overall efficiency of the voting system.

History

Statutory Authority: RCW 29A.04.611. WSR 09-03-110, § 434-335-090, filed 1/21/09, effective 2/21/09
WSR 08-05-120, § 434-335-090, filed 2/19/08, effective 3/21/08.

Wash. Admin. Code § 434-335-100 Public hearing.

The voting systems review board must conduct a public hearing, scheduled at the convenience of the secretary of state and voting systems review board. At the public hearing, the applicant may demonstrate the equipment and explain its function. The applicant must be available to answer questions from the voting systems review board and the public. The applicant may be asked to submit answers in writing if the voting systems review board is not satisfied with the completeness of answers given at the hearing.

History

Statutory Authority: RCW 29A.04.611. WSR 09-03-110, § 434-335-100, filed 1/21/09, effective 2/21/09
WSR 05-18-022, § 434-335-100, filed 8/29/05, effective 9/29/05.

Wash. Admin. Code § 434-335-110 Voting systems review board report.

Following the review and public hearing, the voting systems review board may recommend for or against certification of the voting system under review. The board may also recommend that certification be contingent upon fulfillment of specific conditions or procedures with the purchase or use of the voting system in this state.

History

Statutory Authority: RCW 29A.04.611. WSR 09-03-110, § 434-335-110, filed 1/21/09, effective 2/21/09
WSR 05-18-022, § 434-335-110, filed 8/29/05, effective 9/29/05.

Wash. Admin. Code § 434-335-120 Certification may be conditioned.

Certification of a voting system may be contingent upon fulfillment of additional conditions or procedures.

History

Statutory Authority: RCW 29A.04.611. WSR 05-18-022, § 434-335-120, filed 8/29/05, effective 9/29/05.

Wash. Admin. Code § 434-335-130 Issuance of certification.

Based on the examination of the voting system and the recommendations of the secretary of state staff and the voting systems review board, the secretary of state may issue a certification of the system if the secretary of state determines that the system meets all requirements for certification. The certification must include any conditions or procedures that the secretary of state deems necessary for the system to comply with Washington state law and practice. The secretary of state must notify all county auditors of the certification within thirty days.

History

Statutory Authority: RCW 29A.04.611. WSR 05-18-022, § 434-335-130, filed 8/29/05, effective 9/29/05.

Wash. Admin. Code § 434-335-140 Failure to meet certification requirements.

If the secretary of state determines that the voting system fails to meet any of the requirements for certification, the applicant must be notified and allowed thirty days to submit another version of the voting system for examination and testing.

History

Statutory Authority: RCW 29A.04.611. WSR 09-03-110, § 434-335-140, filed 1/21/09, effective 2/21/09
WSR 05-18-022, § 434-335-140, filed 8/29/05, effective 9/29/05.

Wash. Admin. Code § 434-335-150 Modification of certified equipment.

After a voting system is certified, any improvements or changes to the system must be submitted to the secretary of state for certification. The secretary of state will determine if the modifications require state testing and a review board hearing, or if the changes may be certified administratively.

History

Statutory Authority: RCW 29A.04.611. WSR 10-03-072, § 434-335-150, filed 1/18/10, effective 2/18/10
WSR 05-18-022, § 434-335-150, filed 8/29/05, effective 9/29/05.

Wash. Admin. Code § 434-335-160 Modification of certified equipment, guidelines for administrative approval.

The secretary of state may approve an application for modification of certified equipment administratively if the modification does not:

(1) Materially affect the lawful conduct, accuracy, efficiency, capacity or security of elections;

(2) Materially and adversely affect the convenience to the voter of the elections process; or

(3) Otherwise result in significant modification to existing procedures used in Washington by extending the equipment's functionality.

A modification approved administratively does not require examination or review by the voting systems review board.

History

Statutory Authority: RCW 29A.04.611. WSR 09-03-110, § 434-335-160, filed 1/21/09, effective 2/21/09
WSR 05-18-022, § 434-335-160, filed 8/29/05, effective 9/29/05.

Wash. Admin. Code § 434-335-170 Application for certification of modified voting systems or devices.

The application to certify a modification of an existing certified system must include, but is not limited to, the following information:

(1) Description of the applicant;

(2) Description of the equipment or software under review, the modification, and all version numbers;

(3) All changes to the operating and maintenance manuals;

(4) Reports for all tests conducted on the modification by a voting system test laboratory;

(5) Documentation that the modification meets all applicable federal voting equipment guidelines;

(6) A complete description, in operational and technical detail, of all differences between the previously certified equipment or system and the modified equipment or system, prepared by the applicant.

History

Statutory Authority: RCW 29A.04.611. WSR 10-03-072, § 434-335-170, filed 1/18/10, effective 2/18/10
WSR 09-03-110, § 434-335-170, filed 1/21/09, effective 2/21/09
WSR 05-18-022, § 434-335-170, filed 8/29/05, effective 9/29/05.

Wash. Admin. Code § 434-335-180 Recertification of modified voting systems or devices.

If the system, or its components, is found to be sufficiently modified under the guidelines of WAC 434-335-160 that it requires an examination of the equipment by the voting systems review board and a public hearing, the secretary of state must notify the applicant in writing that the applicant must initiate the certification process outlined in WAC 434-335-030 through 434-335-130.

History

Statutory Authority: RCW 29A.04.611. WSR 05-18-022, § 434-335-180, filed 8/29/05, effective 9/29/05.

Wash. Admin. Code § 434-335-190 Restricted period.

No modification, change, or other alteration to voting or vote tabulating system, equipment, or component may be installed in a county between June 15th and November 30th of the same year without permission from the secretary of state. Such permission must be specific to the change and to the county making the change.

History

Statutory Authority: RCW 29A.04.611. WSR 07-20-074, § 434-335-190, filed 10/1/07, effective 11/1/07. Statutory Authority: RCW 29A.04.611, 2006 c 344. WSR 07-09-035, § 434-335-190, filed 4/11/07, effective 5/12/07. Statutory Authority: RCW 29A.04.611. WSR 06-11-042, § 434-335-190, filed 5/10/06, effective 6/10/06
WSR 05-18-022, § 434-335-190, filed 8/29/05, effective 9/29/05.

Wash. Admin. Code § 434-335-210 Application information for emergency approval.

A county auditor may apply in writing to the secretary of state for emergency approval of a modification of an existing certified system. The application must include a complete description of the modification that is required and an explanation of why failure to modify the system materially affects the lawful conduct, efficiency, accuracy, or security of the upcoming election. The application must also explain why the emergency cannot be adequately remedied with procedural processes.

History

Statutory Authority: RCW 29A.04.611. WSR 09-03-110, § 434-335-210, filed 1/21/09, effective 2/21/09
WSR 05-18-022, § 434-335-210, filed 8/29/05, effective 9/29/05.

Wash. Admin. Code § 434-335-212 Emergency approval.

Emergency approval for a modification of an existing voting or vote tabulating system or equipment may be obtained from the secretary of state if failure to modify the system could materially affect the lawful conduct, efficiency, accuracy, or security of an upcoming election.

If, after reviewing the application, the secretary of state determines that an emergency exists, the examination and testing of the proposed modification is expedited to meet the needs of the upcoming election. The secretary of state develops a test plan and audit procedures to ensure the modified system does not adversely affect the lawful conduct, efficiency, accuracy, or security of the upcoming elections. The secretary of state may consult with the voting systems review board. The requirement that the modification be certified by a voting system test laboratory is waived for an emergency approval. An emergency approval of a modification must state the time period it is in effect.

History

Statutory Authority: RCW 29A.04.611. WSR 09-03-110, § 434-335-212, filed 1/21/09, effective 2/21/09
WSR 05-18-022, § 434-335-212, filed 8/29/05, effective 9/29/05.

Wash. Admin. Code § 434-335-214 Public notice of emergency approval.

The secretary of state must notify all county auditors of the emergency approval within five days of approving the application. Such notice shall also be posted to a public forum such as the secretary of state's website.

History

Statutory Authority: RCW 29A.04.611. WSR 09-03-110, § 434-335-214, filed 1/21/09, effective 2/21/09
WSR 05-18-022, § 434-335-214, filed 8/29/05, effective 9/29/05.

Wash. Admin. Code § 434-335-220 Final approval.

Pursuant to WAC 434-335-150, the applicant must submit to the secretary of state a modification that incorporates a permanent fix to the problem covered by the emergency approval. The modification must be submitted in time to be approved under the normal modification application procedures provided in WAC 434-335-150 through 434-335-180.

History

Statutory Authority: RCW 29A.04.611. WSR 05-18-022, § 434-335-220, filed 8/29/05, effective 9/29/05.

Wash. Admin. Code § 434-335-230 Judicial review of agency action.

Any of the following decisions entered pursuant to this chapter are final decisions of the secretary of state as to which no further review by the agency is available, subject to judicial review pursuant to chapter 34.05 RCW:

(1) The issuance or denial of certification pursuant to WAC 434-335-130;

(2) The issuance or denial of administrative approval of a modification pursuant to WAC 434-335-160;

(3) The issuance or denial of recertification of a modified system or component pursuant to WAC 434-335-180 and 434-335-220.

History

Statutory Authority: RCW 29A.04.611. WSR 05-18-022, § 434-335-230, filed 8/29/05, effective 9/29/05.

Wash. Admin. Code § 434-335-240 Acceptance testing of voting systems and equipment.

Whenever a county auditor acquires a new system or an upgrade to an existing system that has been certified by the secretary of state, the county must perform acceptance tests of the equipment before it may be used to count votes at any election. The equipment must operate correctly, pass all tests, and be substantially the same as the equipment certified by the secretary of state. The minimum testing standards are described as follows:

(1) The model number, version number, release number, and any other number, name or description that identifies the product must be the same as the identifying numbers for the product already certified by the secretary of state.

(2) The county must receive all manuals and training necessary for the proper operation of the system.

(3) For new hardware or hardware upgrades, the county must test the functionality of the hardware to verify the hardware works as designed. The test must include operating the hardware and submitting it to a series of assessments that determine the hardware works, performs, and functions as intended.

Acceptance testing and installation of the equipment may occur only between December 1st and September 15th of each year.

History

Statutory Authority: RCW 29A.04.611. WSR 10-03-072, § 434-335-240, filed 1/18/10, effective 2/18/10
WSR 09-12-078, § 434-335-240, filed 5/29/09, effective 6/29/09
WSR 05-18-022, § 434-335-240, filed 8/29/05, effective 9/29/05.

Wash. Admin. Code § 434-335-250 Inclusion of the Election Assistance Commission standards for voting equipment.

The Election Assistance Commission standards concerning voting systems and software escrow are hereby included by reference, except where otherwise modified by these rules and the Revised Code of Washington.

History

Statutory Authority: RCW 29A.04.611. WSR 09-12-078, § 434-335-250, filed 5/29/09, effective 6/29/09
WSR 09-03-110, § 434-335-250, filed 1/21/09, effective 2/21/09
WSR 05-18-022, § 434-335-250, filed 8/29/05, effective 9/29/05.

Wash. Admin. Code § 434-335-260 Decertification of voting systems and vote tabulating systems.

(1) The secretary of state may decertify a voting system or vote tabulating system or any component thereof and withdraw authority for its future use or sale in Washington 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 or state statutes or rules;

(b) The system or component was materially misrepresented in the certification application;

(d) The system or component was operated or accessed in Washington state at any time by anyone other than an authorized staff member of the office of the secretary of state, an authorized individual employed by the county that has been delegated any task under RCW 29A.60.140(2), for the purposes of preparation, maintenance, and operation under RCW 29A.12.060, an independent testing authority designated by the United States election assistance commission, or an independent testing authority and the test plan has received approval by both the county auditor and secretary of state.

(i) County auditors shall not provide physical, electronic, or internal access to third parties seeking to copy and/or conduct an examination of state-certified voting systems, or any components of such systems including, but not limited to: Voting software and systems, tabulators, scanners, counters, automatic tabulating equipment, voting devices, servers, ballot marking devices, paper ballot printers, portable memory media devices, and any other hardware, software, or devices being used as part of the voting system.

(ii) If access described in (d)(i) of this subsection occurs, those pieces of voting equipment will be considered no longer secure or reliable to use in subsequent elections. As a result, the incidents will be treated as a security breach under RCW 29A.12.180 and the office of the secretary of state may decertify the use of the system or component.

(2) The secretary of state must provide written notice of intent to decertify to the original applicant or its successor, if known, to all county auditors, and to the public. The notice must specify the reasons why the certification of the system may be rescinded. The applicant or successor or any county auditor may, within thirty days after the issuance of the notice, file with the secretary of state a written explanation as to why the system or component should not be decertified. The secretary of state may extend or shorten the time for filing of a written explanation for good cause. After reviewing the explanation, the secretary of state may either discontinue the decertification process, in which case the system or component remains certified, or schedule a public hearing pursuant to subsection (3) of this section. If no explanation is timely filed, the secretary of state may either discontinue the decertification process or issue a final order pursuant to subsection (4) of this section.

(3) A decertification proceeding shall constitute an adjudicative proceeding pursuant to chapter 34.05 RCW.

(a) The secretary of state adopts the model rules of procedure as set forth in chapter 10-08 WAC, except as they may be inconsistent with this chapter. The proceeding may be conducted as an emergency adjudicative proceeding pursuant to RCW 34.05.479 if the secretary of state finds that immediate action is required to preserve the integrity of the electoral process.

(b) The secretary of state shall designate the presiding officer.

(c) The certification remains valid pending resolution of the administrative proceeding, unless the secretary of state finds, following notice and opportunity for written or oral input, which may be expedited, that the public interest requires that the decertification should take effect on a temporary basis pending hearing.

(d) The argument in favor of decertification may be presented by an employee of the secretary of state or by an assistant attorney general. Other parties may be represented by a certified election administrator or by any person permitted to appear by the county auditor.

(4) The presiding officer or secretary shall enter an order specifying the system or component at issue, whether or not it is decertified, the effective date of any decertification, and explain the basis for the decision. The effective date of decertification shall not be less than five days after the entry of the order, but may be delayed to any reasonable date. An order issued by the secretary pursuant to subsection (2) of this section is a final order. An order issued by the presiding officer is regarded as an initial order unless the secretary of state, assistant secretary of state, deputy secretary of state, or director of elections presides, in which case the decision of the presiding officer shall be final and no further review is available within the agency.

History

Statutory Authority: RCW 29A.04.611. WSR 22-16-120, § 434-335-260, filed 8/3/22, effective 9/3/22
WSR 05-18-022, § 434-335-260, filed 8/29/05, effective 9/29/05.

Wash. Admin. Code § 434-335-270 Definition of official logic and accuracy test.

As used in this chapter, "official logic and accuracy test" means the test performed in accordance with RCW 29A.12.130.

History

Statutory Authority: RCW 29A.04.611. WSR 14-06-040, § 434-335-270, filed 2/26/14, effective 3/29/14
WSR 08-05-120, § 434-335-270, filed 2/19/08, effective 3/21/08
WSR 05-18-022, § 434-335-270, filed 8/29/05, effective 9/29/05.

Wash. Admin. Code § 434-335-275 Pretest.

The county auditor must pretest all programming and tabulation equipment to be used in the primary or election prior to the official logic and accuracy test.

History

Statutory Authority: RCW 29A.04.611. WSR 14-06-040, § 434-335-275, filed 2/26/14, effective 3/29/14.

Wash. Admin. Code § 434-335-280 Logic and accuracy test conduct.

The county must provide adequate personnel to properly operate the ballot tabulation system. Whenever possible, the system shall be operated during the test by the same person or persons who will be responsible for operating the system on election day. The official logic and accuracy test shall be conducted as follows:

(1) Every ballot tabulator and scanner to be used in the primary or election shall be tested. Digital scan test decks shall be scanned during the official logic and accuracy test.

(2) Undervotes recorded by a digital scan system used to resolve or adjudicate ballots digitally shall be auto-resolved. Some undervotes may be manually resolved to demonstrate the process.

(3) Optical scan tabulators and digital scan tabulators not used to resolve or adjudicate ballots digitally shall be set to out-stack blank ballots, overvotes, and write-in votes.

(4) A printout of the test results shall be produced and compared to the expected test results. If the test results do not match the expected test results, the reason for the discrepancy must be satisfactorily determined and corrections made, if necessary.

(5) The upload of results to the secretary of state's office shall be tested and verified. If the upload of results cannot be completed, the results shall be transmitted to the office of the secretary of state through other means, and the county auditor shall work with the secretary of state to upload the results as soon as practicable.

History

Statutory Authority: RCW 29A.04.611. WSR 23-15-018, § 434-335-280, filed 7/7/23, effective 8/7/23. Statutory Authority: RCW 29A.04.611 and 29A.04.620. WSR 16-13-063, § 434-335-280, filed 6/13/16, effective 7/14/16. Statutory Authority: RCW 29A.04.611. WSR 14-06-040, § 434-335-280, filed 2/26/14, effective 3/29/14
WSR 05-18-022, § 434-335-280, filed 8/29/05, effective 9/29/05.

Wash. Admin. Code § 434-335-290 Logic and accuracy test observers.

The official logic and accuracy test must be observed by at least one representative of each major political party, if representatives have been appointed by the parties and are present at the test. The party observers must be instructed as election observers by the county auditor. The official logic and accuracy test must be open to candidates, the press, and the public. If any observer hinders or disturbs the logic and accuracy test process, the observer may be removed from the test area. An observer who has been removed from a logic and accuracy test may also be barred from future tests. The absence of observers may not delay or stop the test from being conducted.

History

Statutory Authority: RCW 29A.04.611. WSR 05-18-022, § 434-335-290, filed 8/29/05, effective 9/29/05.

Wash. Admin. Code § 434-335-300 Logic and accuracy testing of vote tabulation systems.

At least three days before each state primary or general election, the office of the secretary of state shall observe the official logic and accuracy test of the vote tabulation system prepared by the county auditor. The test must verify that the system will correctly count the votes cast for all candidates and all measures appearing on the ballot.

History

Statutory Authority: RCW 29A.04.611. WSR 14-06-040, § 434-335-300, filed 2/26/14, effective 3/29/14
WSR 08-05-120, § 434-335-300, filed 2/19/08, effective 3/21/08
WSR 05-18-022, § 434-335-300, filed 8/29/05, effective 9/29/05.

Wash. Admin. Code § 434-335-310 Procedures for conducting an emergency logic and accuracy test.

If the official logic and accuracy test cannot be completed at the scheduled time and place, an emergency test must be scheduled by the county auditor. The emergency test must be conducted and properly completed prior to processing any official ballots through the vote tabulation system. If a representative of the office of the secretary of state is unable to attend the emergency test, the county auditor and another member of the county canvassing board or their designated representative must observe the test and certify the results. Observers and notification must be provided pursuant to WAC 434-335-290 and 434-335-320.

History

Statutory Authority: RCW 29A.04.611. WSR 14-06-040, § 434-335-310, filed 2/26/14, effective 3/29/14
WSR 08-05-120, § 434-335-310, filed 2/19/08, effective 3/21/08
WSR 05-18-022, § 434-335-310, filed 8/29/05, effective 9/29/05.

Wash. Admin. Code § 434-335-320 Scheduling the logic and accuracy test—State primary and general election.

The office of the secretary of state must contact each county auditor at least forty-five days before a state primary or general election to schedule the official logic and accuracy test. After the test has been scheduled, the county auditor shall notify the parties, press, public, and candidates of the date and time of the test.

History

Statutory Authority: RCW 29A.04.611. WSR 14-06-040, § 434-335-320, filed 2/26/14, effective 3/29/14
WSR 08-05-120, § 434-335-320, filed 2/19/08, effective 3/21/08
WSR 06-14-048, § 434-335-320, filed 6/28/06, effective 7/29/06
WSR 05-18-022, § 434-335-320, filed 8/29/05, effective 9/29/05.

Wash. Admin. Code § 434-335-323 Preparing the logic and accuracy test.

(1) Each county shall prepare a matrix of the test pattern used to mark the test deck of ballots for the official logic and accuracy test. The matrix shall consist of a spreadsheet listing the number of votes cast for each candidate and responses for and against each measure in each precinct or ballot style. The matrix shall include:

(a) For every precinct or ballot style, the first response position of every race or measure shall be marked so the total votes cast for the first candidate of a race or the first response to a measure equals the total number of precincts or ballot styles being tested for that contest or measure;

(b) Two votes for the second response position, three votes for the third response position, four votes for the fourth response position, continuing the pattern for all of the response positions including the response position for write-ins when a write-in response position is present;

(d) For each tabulator's test deck:

(i) One blank ballot; and

(ii) At least one of each type of ballot to be used during the election including ballots on demand, alternative language ballots, electronically marked ballots, and electronically duplicated ballots.

(e) Unique results for all responses within a race or measure, including write-ins. Additional ballots must be added to the test deck in the following circumstances:

(i) Within a race or measure, more than one response has the same results;

(ii) A candidate appears in two different races on the same ballot; and

(iii) More than one measure appears on a ballot within the same jurisdiction.

(2) A copy of the county's test matrix and a sample ballot shall be sent to the office of the secretary of state by the fourteenth day prior to the official logic and accuracy test for a state primary or general election. The office of the secretary of state shall review the provided matrix to determine if it is prepared in accordance with this section.

(3) The county auditor shall produce a test deck of ballots based on the test matrix to be used in the official logic and accuracy test for every primary and election.

History

Statutory Authority: RCW 29A.04.611. WSR 21-21-001, § 434-335-323, filed 10/6/21, effective 11/6/21. Statutory Authority: RCW 29A.04.611 and 29A.04.620. WSR 16-13-063, § 434-335-323, filed 6/13/16, effective 7/14/16. Statutory Authority: RCW 29A.04.611. WSR 14-06-040, § 434-335-323, filed 2/26/14, effective 3/29/14.

Wash. Admin. Code § 434-335-325 Exception to logic and accuracy test pattern.

A county auditor may file an exception request with the secretary of state to modify the test pattern provided in WAC 434-335-323. The county auditor must provide a description of the modification in detail, a sample test matrix, and the reasons for an exception. The exception request must be filed with the secretary of state no later than July 1st. The secretary of state must accept or reject the request in writing within thirty days. Accepted test patterns may be used in all future elections.

History

Statutory Authority: RCW 29A.04.611. WSR 14-06-040, § 434-335-325, filed 2/26/14, effective 3/29/14.

Wash. Admin. Code § 434-335-330 Logic and accuracy test certification.

(1) The official logic and accuracy test shall be certified by the county auditor or deputy, the secretary of state representative, and any political party observers for a state primary or general election in accordance with RCW 29A.12.130. Additionally, the county auditor must verify in writing that the version numbers for all software, firmware, and hardware of the voting system used have not changed from the certified versions.

(2) The county auditor shall provide the secretary of state representative copies of the following documents:

(a) Test results;

(b) A zero report;

(d) Signed certification of the official logic and accuracy test;

(e) A test log of:

(i) The number of accessible voting units to be used in the primary or election; and

(ii) The electronic duplication system, if electronic duplication will be used in the primary or election; and

(f) Any other documentation requested by the secretary of state representative in advance of the official test.

(3) Copies of the certification documents must be retained by the secretary of state and the county auditor. All test results, test ballots, the signed certification, and a copy of the tabulation programming or the actual tabulation equipment must be kept in secure storage as defined in WAC 434-261-045 until ballots are to be tabulated.

(4) If, for any reason, changes are made to the ballot counting programming after the official logic and accuracy test, an emergency logic and accuracy test must be conducted pursuant to WAC 434-335-310.

History

Statutory Authority: RCW 29A.04.611. WSR 18-10-003, § 434-335-330, filed 4/19/18, effective 5/20/18. Statutory Authority: RCW 29A.04.611 and 29A.04.620. WSR 16-13-063, § 434-335-330, filed 6/13/16, effective 7/14/16. Statutory Authority: RCW 29A.04.611. WSR 14-06-040, § 434-335-330, filed 2/26/14, effective 3/29/14
WSR 08-05-120, § 434-335-330, filed 2/19/08, effective 3/21/08
WSR 06-14-048, § 434-335-330, filed 6/28/06, effective 7/29/06
WSR 05-18-022, § 434-335-330, filed 8/29/05, effective 9/29/05.

Wash. Admin. Code § 434-335-335 Other primaries and elections.

For a primary or election that is not a state primary or election, the county auditor must conduct the official logic and accuracy test in the same manner as though it is a state primary or election.

History

Statutory Authority: RCW 29A.04.611. WSR 14-06-040, § 434-335-335, filed 2/26/14, effective 3/29/14.

Wash. Admin. Code § 434-335-510 Definitions.

"Calibration" is the touch screen setting on an accessible voting unit with touch screen capability that controls the target area.

"Direct recording electronic device" is a device that electronically records a voter's choices.

"Electronic ballot marker" is a device that physically marks a voter's choices on a preprinted paper ballot.

"Target area" is each area on the ballot where the voter's choices are recorded.

"Touch screen" is a type of computer interface on a voting device that allows the voter to make a choice by touching the screen.

History

Statutory Authority: RCW 29A.04.611. WSR 10-03-072, § 434-335-510, filed 1/18/10, effective 2/18/10
WSR 08-05-120, § 434-335-510, filed 2/19/08, effective 3/21/08
WSR 05-18-022, § 434-335-510, filed 8/29/05, effective 9/29/05.

Wash. Admin. Code § 434-335-520 Logic and accuracy testing of accessible voting units.

(1) The logic and accuracy test of accessible voting units must be completed before they may be used for marking or casting ballots. Counties must complete the testing to have in-person accessible voting available starting eighteen days before the day of a primary or election.

(2) This test serves as the official logic and accuracy test. A log must be created during the test, recording the time of each test, the precinct numbers, the seal number, the machine number, and the initials of each person testing the system. The log must be included in the official logic and accuracy test materials. This process is open to observation and subject to all notices and observers pursuant to WAC 434-335-290 and 434-335-320.

History

Statutory Authority: RCW 29A.04.611, 29A.04.620, and 29A.04.630. WSR 11-24-064, § 434-335-520, filed 12/6/11, effective 1/6/12. Statutory Authority: RCW 29A.04.611. WSR 10-03-072, § 434-335-520, filed 1/18/10, effective 2/18/10
WSR 08-05-120, § 434-335-520, filed 2/19/08, effective 3/21/08
WSR 06-14-048, § 434-335-520, filed 6/28/06, effective 7/29/06
WSR 05-18-022, § 434-335-520, filed 8/29/05, effective 9/29/05.

Wash. Admin. Code § 434-335-540 Touch screen calibration adjustment standards and tests.

Prior to each state primary and election, the calibration settings of each device using touch screen technology must be tested to ensure that the target areas are functioning within system standards.

History

Statutory Authority: RCW 29A.04.611. WSR 08-05-120, § 434-335-540, filed 2/19/08, effective 3/21/08
WSR 05-18-022, § 434-335-540, filed 8/29/05, effective 9/29/05.

Wash. Admin. Code § 434-335-550 Direct recording electronic target area tests.

Each county employing a direct recording electronic voting device must conduct a test to confirm that the target area indicated on each ballot face is programmed correctly. If the direct recording electronic device is going to be employed as an electronic ballot marker, the county must follow the requirements of WAC 434-335-560. Otherwise, the county must test each device to ensure that the programming is correctly counting and accumulating every office, measure, and selection by the voter.

History

Statutory Authority: RCW 29A.04.611. WSR 18-10-003, § 434-335-550, filed 4/19/18, effective 5/20/18
WSR 10-03-072, § 434-335-550, filed 1/18/10, effective 2/18/10
WSR 08-05-120, § 434-335-550, filed 2/19/08, effective 3/21/08
WSR 05-18-022, § 434-335-550, filed 8/29/05, effective 9/29/05.

Wash. Admin. Code § 434-335-560 Electronic ballot marker test.

Each county employing an electronic ballot marker must conduct a test to confirm the target area indicated on each ballot face is programmed correctly. The county must test all ballot styles using the ballot marker programming and test all devices to ensure each device is marking ballots correctly.

History

Statutory Authority: RCW 29A.04.611. WSR 18-10-003, § 434-335-560, filed 4/19/18, effective 5/20/18
WSR 08-05-120, § 434-335-560, filed 2/19/08, effective 3/21/08
WSR 05-18-022, § 434-335-560, filed 8/29/05, effective 9/29/05.

Wash. Admin. Code § 434-335-605 Initial application for approval.

Any vendor requesting approval of an automated signature verification system for use with a specific election management system must complete and submit an application to the secretary of state. The secretary of state shall coordinate its review of the system with the vendor and the participating county.

History

Statutory Authority: RCW 29A.04.611. WSR 09-03-110, § 434-335-605, filed 1/21/09, effective 2/21/09
WSR 07-12-032, § 434-335-605, filed 5/30/07, effective 6/30/07.

Wash. Admin. Code § 434-335-615 Examination of signature verification system.

Prior to its use or purchase by any Washington county, an automated signature verification system must be reviewed and approved by the secretary of state for use with that county's particular election management system.

Prior to approval, an automated signature verification system must:

(1) Be able to integrate with the election management system in use by the test county and the ballot accountability processes implemented by the county;

(2) Have variable levels of confidence which the county may adjust and set to the level as subscribed by the secretary of state in the system's approval report; and

(3) Provide a setting that must not accept a signature that an election worker with required signature training should not accept.

History

Statutory Authority: RCW 29A.04.611. WSR 07-12-032, § 434-335-615, filed 5/30/07, effective 6/30/07.

Wash. Admin. Code § 434-335-625 Signature verification system acceptance testing.

An agreement by a county auditor to purchase a signature verification system is subject to that system passing an acceptance test that demonstrates the system is operating as it was when it was approved by the secretary of state. The minimum acceptance test standards are listed below.

(1) The version number of the signature verification software must be the same as the version number of the software approved by the secretary of state. Any hardware must be the same model number and contain the same version of firmware that is certified by the secretary of state.

(2) The county auditor must receive all training and manuals necessary for the proper operation of the system.

(3) The county auditor must perform a series of tests to verify that the software is not accepting signatures that the county auditor's trained signature verification personnel would not accept. The test should include the county auditor's own signature envelopes, and be run against the county auditor's election management system signatures.

(4) The county auditor must perform a series of tests to verify the system integrates with the county election management system and ballot accountability processes.

(5) The county auditor must include the secretary of state where the signature verification system is being integrated with an election management system that has not been previously approved for that system.

(6) When participation by the secretary of state is not required under these rules, the county auditor must certify the results of the acceptance tests to the secretary of state. The certification must include version numbers of hardware, software and firmware installed and tested and ballot accountability procedures which incorporate the signature verification system.

History

Statutory Authority: RCW 29A.04.611. WSR 07-12-032, § 434-335-625, filed 5/30/07, effective 6/30/07.

Wash. Admin. Code § 434-335-635 Signature verification system approval report.

No more than fourteen days following the approval of an automated signature verification system, the secretary of state must issue a written approval report that specifies the approved use of the system and conditions of its use. The approval must include the prescribed setting for the confidence level for either accepting or rejecting signatures. Signature verification systems are only approved for use with election management systems included in the approval report.

History

Statutory Authority: RCW 29A.04.611. WSR 07-12-032, § 434-335-635, filed 5/30/07, effective 6/30/07.

Chapter 434-369 Maps and census correspondence listings.

Wash. Admin. Code § 434-369-005 Authority and purpose.

These rules are adopted under authority of RCW 29A.04.611 to implement RCW 29A.76.040, the census mapping project administered by the secretary of state for the U.S. Census Bureau.

History

Statutory Authority: RCW 29A.04.611. WSR 08-05-120, § 434-369-005, filed 2/19/08, effective 3/21/08. Statutory Authority: RCW 29A.04.610. WSR 04-15-089, § 434-369-005, filed 7/16/04, effective 8/16/04. WSR 98-08-010, recodified as § 434-369-005, filed 3/18/98, effective 3/18/98. Statutory Authority: RCW 29.04.140. WSR 80-05-013 (Order 80-2), § 434-69-005, filed 4/8/80.

Wash. Admin. Code § 434-369-010 Definitions.

As used in this chapter:

(1) "Census mapping project" includes all functions performed by the secretary of state and each county auditor in the preparation, maintenance, distribution, and filing of precinct maps, detail maps, and census correspondence listings pursuant to RCW 29A.76.040.

(2) "Secretary of state" includes the secretary of state, assistant secretary of state, deputy secretary of state, or any other person authorized by the secretary of state to act in his or her behalf in the census mapping project.

(3) "County auditor" includes each county auditor, county elections official, or any other person authorized by the county auditor to act in his or her behalf in the census mapping project.

(4) "Census maps" refers to the maps provided by the U.S. Census Bureau which indicate census unit boundaries and numeric identification of such census units.

(5) "Census units" refers to the census geographic area designations for which the population count will be reported including census tracts, block groups, blocks, enumeration districts, and county census divisions.

(6) "Precinct maps" refers to the maps prepared by each county auditor pursuant to RCW 29A.76.040 which indicate the boundaries and numeric identification of each precinct in that county.

(7) "Precinct lists" refers to the lists prepared by each county auditor pursuant to RCW 29A.16.050(3) which indicate the names and consecutively assigned numbers of each precinct in that county.

(8) "Base maps" refers to the maps of each county which are provided by the secretary of state on which final detail maps will be prepared.

(9) "Census overlay maps" refers to the overlay maps prepared by the secretary of state which indicate census unit boundaries and numeric identification for the area covered by each base map.

(10) "Precinct overlay maps" refers to the overlay maps prepared by each county auditor which indicate precinct boundaries and numeric identification for the area covered by each base map.

(11) "Detail map" refers to the sets of maps produced by the combination of the base maps with the corresponding census and precinct overlay maps for each county.

(12) "Census correspondence listings" refers to the lists prepared by each county auditor pursuant to RCW 29A.76.040 which indicate the census units or portions of census units contained in each precinct in that county.

History

Statutory Authority: RCW 29A.04.611. WSR 08-05-120, § 434-369-010, filed 2/19/08, effective 3/21/08. Statutory Authority: RCW 29A.04.610. WSR 04-15-089, § 434-369-010, filed 7/16/04, effective 8/16/04. WSR 98-08-010, recodified as § 434-369-010, filed 3/18/98, effective 3/18/98. Statutory Authority: RCW 29.04.140. WSR 80-05-013 (Order 80-2), § 434-69-010, filed 4/8/80.

Wash. Admin. Code § 434-369-020 Precinct maps—Distribution.

(1) Each county auditor shall maintain precinct maps of that county.

(2) Upon request, each county auditor shall transmit to the secretary of state one complete set of precinct maps of that county.

History

Statutory Authority: RCW 29A.04.611. WSR 08-05-120, § 434-369-020, filed 2/19/08, effective 3/21/08. Statutory Authority: RCW 29A.04.610. WSR 04-15-089, § 434-369-020, filed 7/16/04, effective 8/16/04. WSR 98-08-010, recodified as § 434-369-020, filed 3/18/98, effective 3/18/98. Statutory Authority: RCW 29.04.140. WSR 80-05-013 (Order 80-2), § 434-69-020, filed 4/8/80.

Wash. Admin. Code § 434-369-030 Precinct lists—Preparation and filing.

Upon request, each county auditor shall prepare and transmit to the secretary of state a precinct list of that county. Precinct names shall be listed in alphabetical order or numbered consecutively.

History

Statutory Authority: RCW 29A.04.611. WSR 08-05-120, § 434-369-030, filed 2/19/08, effective 3/21/08. WSR 98-08-010, recodified as § 434-369-030, filed 3/18/98, effective 3/18/98. Statutory Authority: RCW 29.04.140. WSR 80-05-013 (Order 80-2), § 434-69-030, filed 4/8/80.

Wash. Admin. Code § 434-369-040 Base maps, census overlay maps, and related information—Duties of the secretary of state.

The secretary of state shall prepare and transmit to each county auditor the following:

(1) A set of base maps of that county;

(2) A set of census overlay maps for each base map of that county; and

(3) A sequential census unit listing, provided by the U.S. Census Bureau, which indicates all census units delineated on the census and base maps of that county.

History

Statutory Authority: RCW 29A.04.611. WSR 08-05-120, § 434-369-040, filed 2/19/08, effective 3/21/08. WSR 98-08-010, recodified as § 434-369-040, filed 3/18/98, effective 3/18/98. Statutory Authority: RCW 29.04.140. WSR 80-05-013 (Order 80-2), § 434-69-040, filed 4/8/80.

Wash. Admin. Code § 434-369-050 Precinct overlay maps—Preparation.

Pursuant to the provisions of RCW 29A.76.040, each county auditor shall prepare precinct overlay maps for each base map of the county and each city and town within that county.

History

Statutory Authority: RCW 29A.04.611. WSR 08-05-120, § 434-369-050, filed 2/19/08, effective 3/21/08. Statutory Authority: RCW 29A.04.610. WSR 04-15-089, § 434-369-050, filed 7/16/04, effective 8/16/04. WSR 98-08-010, recodified as § 434-369-050, filed 3/18/98, effective 3/18/98. Statutory Authority: RCW 29.04.140. WSR 80-05-013 (Order 80-2), § 434-69-050, filed 4/8/80.

Wash. Admin. Code § 434-369-060 Census correspondence listings—Preparation.

Pursuant to the provisions of RCW 29A.76.040, each county auditor shall prepare a census correspondence listing according to the following procedures:

(1) Record the census tracts or county census divisions (CCD) and the smallest census units in each area for which population counts are to be reported from the sequential census unit listing supplied by the U.S. Census Bureau. The order of census information on the census correspondence listing shall be identical to the sequential census unit listing.

(2) Record the number or numbers, as assigned pursuant to RCW 29A.16.050(3), of each precinct that is wholly or partially coextensive with the census unit.

(3) Where census unit or precinct boundaries are not coincident, estimate for each portion of a split census unit, the proportion of the total number of registered voters residing in each precinct containing a portion of the split census unit. Each county auditor shall refer to current voter registration lists and other available information to determine such estimated proportion of registered voters. Such estimates shall be expressed to at least the nearest 10 percent of the total number of registered voters within the precinct.

History

Statutory Authority: RCW 29A.04.611. WSR 08-05-120, § 434-369-060, filed 2/19/08, effective 3/21/08. Statutory Authority: RCW 29A.04.610. WSR 04-15-089, § 434-369-060, filed 7/16/04, effective 8/16/04. WSR 98-08-010, recodified as § 434-369-060, filed 3/18/98, effective 3/18/98. Statutory Authority: RCW 29.04.140. WSR 80-05-013 (Order 80-2), § 434-69-060, filed 4/8/80.

Wash. Admin. Code § 434-369-070 Detail maps and census correspondence listings—Maintenance, distribution, and filing.

(1) Upon request, each county auditor shall send to the secretary of state the complete set of detail maps and census correspondence listings for that county;

(2) The secretary of state shall maintain the original sets of detail maps of each county;

(3) The secretary of state shall reproduce and distribute copies of detail maps to each county auditor for the actual cost of reproduction; and

(4) Each county auditor shall maintain copies of precinct maps, detail maps, and census correspondence listings of the county. Such maps shall be available for public inspection during normal office hours. Copies shall be made available to the public at actual reproduction cost.

History

Statutory Authority: RCW 29A.04.611. WSR 08-05-120, § 434-369-070, filed 2/19/08, effective 3/21/08. WSR 98-08-010, recodified as § 434-369-070, filed 3/18/98, effective 3/18/98. Statutory Authority: RCW 29.04.140. WSR 80-05-013 (Order 80-2), § 434-69-070, filed 4/8/80.

Chapter 434-379 Initiatives and referenda.

Wash. Admin. Code § 434-379-005 Filing of an initiative or referendum—Fee—Required documents.

(1) A person desiring to file with the secretary of state a proposed initiative to the people, initiative to the legislature, or referendum measure may do so by filing the following documents:

(a) A legible copy of the measure proposed, or the act or part of such act on which a referendum is desired;

(b) A signed affidavit declaring under penalty of perjury:

(i) That the person submitting the proposed measure is over 18 years of age and competent to testify;

(ii) That the person submitting the proposed measure is a registered voter in the state of Washington;

(iii) Whether the proposed measure is an initiative to the people, initiative to the legislature, or referendum; and

(iv) The subject of the initiative, or the bill number of the legislation being referred; and

(2) The secretary may update the amount of the filing fee in subsection (1)(c) of this section at the beginning of each calendar year prior to the first day for initial filing of proposed initiatives to the people for that year.

(a) The filing fee amount may be updated by applying the federal bureau of labor statistics consumer price index inflation calculator rate, or its successor, to the original filing fee of five dollars set in 1913 for the state initiative and referendum process.

(b) Once the year's filing fee is determined, it shall be rounded down to the nearest whole dollar amount and posted online on the office of the secretary of state website, prior to the first day for initiative filing of proposed initiatives for that year.

(c) This filing fee amount shall be used for all initiative and referendum filings until the next fee adjustment is made.

(3) The proposed measure is not considered filed with the secretary of state until all documents and fees are filed, including any original versions required.

(4) Once the proposed text to an initiative or referendum is filed, the secretary of state shall submit the text with required information to the code reviser within one business day.

History

Statutory Authority: RCW 29A.04.611. WSR 24-04-097, § 434-379-005, filed 2/7/24, effective 3/9/24
WSR 17-12-090, § 434-379-005, filed 6/6/17, effective 7/7/17
WSR 09-03-110, § 434-379-005, filed 1/21/09, effective 2/21/09
WSR 06-23-094, § 434-379-005, filed 11/15/06, effective 12/16/06. Statutory Authority: RCW 29A.04.611 and 43.07.120. WSR 05-12-116, § 434-379-005, filed 5/31/05, effective 7/1/05.

Wash. Admin. Code § 434-379-007 Certificate of review.

After filing the documents listed in WAC 434-379-005, a copy of the documents is sent to the code reviser. 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. Within fifteen working days after the date that the secretary of state submits the proposed measure to the code reviser's office, the sponsor shall file the measure and the certificate of review with the secretary of state for assignment of a serial number. The secretary of state shall refuse to make such assignment unless the measure is accompanied by a certificate of review that has substantially the same topic as the measure.

History

Statutory Authority: RCW 29A.04.611 and 43.07.120. WSR 05-12-116, § 434-379-007, filed 5/31/05, effective 7/1/05.

Wash. Admin. Code § 434-379-0071 Maintenance of initiative and referendum series and assignment of serial numbers.

(1) The secretary of state shall maintain a separate series of serial numbers for initiatives to the people, initiatives to the legislature, referendum bills, and referendum measures.

(a) The series for initiatives to the legislature shall be eight characters in length, commencing with the letters IL, followed by the last two digits of the calendar year in which the initiative to the legislature will be heard by the legislature and/or voted upon by the people, a hyphen after the last two digits of the calendar year, followed by a unique, randomly-selected three-digit number, as prescribed by subsection (2) of this section.

(b) The series for initiatives to the people shall be eight characters in length, commencing with the letters IP, followed by the last two digits of the calendar year in which the initiative to the people will be voted upon by the people, a hyphen after the last two digits of the calendar year, followed by a unique, randomly-selected three-digit number, as prescribed by subsection (2) of this section.

(c) The series for referendum measures shall commence with the letters RM, followed by a unique number which is the next on the list of referendum measure numbers sequentially.

(d) The series for referendum bills shall commence with the letters RB, followed by a unique number which is the next on the list of referendum bill numbers sequentially.

(2) For each annual series of serial numbers, there are 1,000 potential numbers to assign. The randomly-selected three-digit number shall be added to the five characters identifying the initiative type, year, and hyphen. As each available number is assigned, it shall be removed from the list. The secretary of state shall select the random three-digit serial number for each initiative to the legislature and initiative to the people using one of the following processes:

(a) A roll of three 10-sided dice numbered zero through nine shall determine the number for each digit of the number starting with the one's place, then the 10s place, and then the 100s place. Once selected, this number shall be used in creating the serial number for the proposed initiative following the two-character designation (IL or IP) and year, and the hyphen.

(i) If the digit zero is rolled for the one's, the 10s place, and the 100s place, the dice shall be rolled again to select a number between one and 999.

(ii) If the selected number has been previously assigned and is no longer available on the list, the roll of the dice must be repeated until a unique number is selected; or

(b) Another method approved by the secretary of state.

(3) Random number selection shall not occur until the final text has been submitted by the sponsor and prior to transmitting the proposed initiative to the attorney general per WAC 434-379-0073.

(a) The dice roll shall be conducted at the office of the secretary of state and recorded.

(b) The recording showing the dice roll shall be posted online to the secretary of state website.

History

Statutory Authority: RCW 29A.04.611. WSR 24-04-097, § 434-379-0071, filed 2/7/24, effective 3/9/24.

Wash. Admin. Code § 434-379-0073 Transmittal to the attorney general.

Once the proposed text and certificate of review to an initiative or referendum is received, the secretary of state shall place the assigned serial number and the date filed on the top of the initiative or referendum text submitted by the sponsor. The secretary of state will submit the text with required information to the attorney general within one business day of the sponsor filing the proposed text.

History

Statutory Authority: RCW 29A.04.611 and 29A.04.620. WSR 16-13-063, § 434-379-0073, filed 6/13/16, effective 7/14/16.

Wash. Admin. Code § 434-379-0077 Withdrawal of an initiative or referendum.

A sponsor may withdraw an initiative or referendum by submitting a written request to the secretary of state. The sponsor may withdraw an initiative or referendum until the time when the measure's ballot title and summary are finally established. The ballot title and summary are considered finally established five days after the attorney general submits the ballot title and summary to the secretary of state or, in the case of an appeal, when the court has rendered a final order. The sponsor cannot withdraw an initiative or referendum after it is finally established.

History

Statutory Authority: RCW 29A.04.611 and 29A.04.620. WSR 16-13-063, § 434-379-0077, filed 6/13/16, effective 7/14/16.

Wash. Admin. Code § 434-379-008 Petition requirements.

(1) Petitions must be at least eleven inches wide by fourteen inches long.

(2) Petitions must include:

(a) The initiative or referendum number;

(b) The ballot title, which must include:

(i) The subject, not more than ten words;

(ii) The concise description, not more than thirty words; and

(iii) The question.

(i) RCW 29A.72.110 for an initiative to the legislature;

(ii) RCW 29A.72.120 for an initiative to the people; or

(iii) RCW 29A.72.130 for a referendum measure.

(d) The warning in RCW 29A.72.140, printed on the front to cover at least four square inches;

(e) Numbered lines, not more than twenty, with space for each person to provide his or her:

(i) Original signature;

(ii) Printed name; and

(iii) Address, city, and zip code where registered to vote.

(f) A blank space on the bottom left hand corner of the front side, one and one-half inch square;

(g) The full text of the measure printed on the back;

(h) The circulator's declaration printed on the back; and

(i) Petition sheets printed with a one-inch margin on the bottom may be submitted through December 31, 2016.

History

Statutory Authority: RCW 29A.04.611. WSR 17-12-090, § 434-379-008, filed 6/6/17, effective 7/7/17. Statutory Authority: RCW 29A.04.611 and 29A.04.620. WSR 16-13-063, § 434-379-008, filed 6/13/16, effective 7/14/16. Statutory Authority: RCW 29A.04.611. WSR 12-14-074, § 434-379-008, filed 7/2/12, effective 8/2/12. Statutory Authority: RCW 29A.04.611, 29A.04.255. WSR 11-05-008, § 434-379-008, filed 2/3/11, effective 3/6/11. Statutory Authority: RCW 29A.04.611. WSR 06-23-094, § 434-379-008, filed 11/15/06, effective 12/16/06
WSR 06-11-043, § 434-379-008, filed 5/10/06, effective 6/10/06.

Wash. Admin. Code § 434-379-009 Processing filed petitions.

(1) To allow for sufficient personnel to accept and process signed petitions, the sponsor of an initiative or referendum must make an appointment to file the signed petitions at least two business days in advance. Pursuant to RCW 29A.72.170, the secretary of state must reject petitions until a sufficient number that meet the minimum signature requirement are filed together. If the petitions are accepted and filed, additional petitions may be submitted until the applicable deadline established by RCW 29A.72.160. When submitting the petitions, the sponsor must also provide the text of the measure, exactly as it was printed on the circulated petitions, in electronic Microsoft Word format.

(2) Upon receipt of the petitions, the office of the secretary of state shall count the number of petitions received, and provide that total to the sponsor.

(3) A petition may not be rejected merely because it includes stray marks, scribbles, notes, or highlighting as long as the printed text on the petition is not illegible.

(4) A petition may not be rejected merely because the circulator's declaration on the back side of the petition is unsigned, or is signed with a stamp. AGO 2006 No. 13; Washington Families Standing Together v. Secretary of State Sam Reed, Thurston County Superior Court No. 09-2-02145-4, September 8, 2009.

(5) Once a petition is submitted to the office of the secretary of state, a person may not withdraw his or her signature from a petition. Letters submitted to the secretary of state requesting the removal of a signature from a petition must be retained by the secretary as part of the public record for the petition.

(6) Each petition must be reviewed for fraud, such as patterns of similar handwriting indicating forged signatures.

(7) Each signature line must be reviewed to invalidate:

(a) Obscenities;

(b) Text that is not a name;

(d) Lines that are crossed out and not readable;

(e) Lines that include a name and address that both appear to be fictitious; or

(f) Lines that are blank or unfilled.

(8) The following characteristics of a signature line do not, by themselves, invalidate the signature:

(a) A name that is fictitious with an address that does not appear to be fictitious. Lines that include a name that appears to not be fictitious but an address that does appear to be fictitious, or vice versa;

(b) Lines that are crossed out but still readable;

(d) Lines that are missing any portion of the address;

(e) Multiple lines that have similar handwriting, as long as the signature handwriting is not similar;

(f) Lines in which the signature, printed name, or address is written in the wrong field; or

(g) Signatures, printed names, or addresses written in the margin.

(9) After each signature line has been reviewed, the remaining signatures must be counted to obtain the total number of signatures submitted. That total must be provided to the sponsor.

(10) The secretary of state must verify either a random sample of the signatures submitted using the statistical formula authorized by RCW 29A.72.230 and established in WAC 434-379-010, or all of the signatures submitted. If the measure does not qualify for the ballot based on a random sample, the secretary of state must proceed to a full check of all signatures submitted. The secretary of state must follow WAC 434-379-020 to verify signatures.

History

Statutory Authority: RCW 29A.04.611. WSR 17-12-090, § 434-379-009, filed 6/6/17, effective 7/7/17
WSR 14-06-040, § 434-379-009, filed 2/26/14, effective 3/29/14
WSR 12-14-074, § 434-379-009, filed 7/2/12, effective 8/2/12.

Wash. Admin. Code § 434-379-010 Random sampling procedure.

In the verification of signatures on initiative and referendum petitions, under RCW 29A.72.230, the following statistical test may be employed:

(1) Take a minimum three percent random sample of the signatures submitted;

(2) Check each signature sampled to determine the number of valid signatures in the sample, the number of signatures in the sample which are invalid because the individual signing is not registered to vote or the signature is improper in form, and the number of signatures which are duplicated in the sample;

(3) Calculate an allowance for the chance error of sampling by multiplying the square root of the number of invalid signatures in the sample by 1.5;

(4) Estimate the upper limit of the number of signatures in the population which are invalid by dividing the sum of the invalid signatures in the sample and the allowance for the chance error of sampling by the sampling ratio, i.e., the number of signatures sampled divided by the number of signatures submitted;

(5) Determine the maximum allowable number of pairs of signatures in the population by subtracting the sum of the number of signatures required by Article II, Section 1 of the Washington state Constitution and the estimate of the upper limit of the number of invalid signatures in the population from the number of signatures submitted;

(6) Determine the expected number of pairs of signatures in the sample by multiplying the square of the sampling ratio by the maximum allowable number of pairs of signatures in the population;

(7) Determine the acceptable number of pairs of signatures in the sample by subtracting 1.65 times the square root of the expected number of pairs of signatures in the sample from the expected number of pairs of signatures in the sample;

(8) If the number of pairs of signatures in the sample is greater than the acceptable number of pairs of signatures in the sample, each signature shall be canvassed to determine the exact number of valid signatures;

(9) If the number of pairs of signatures in the sample is less than the acceptable number of pairs of signatures in the sample, the petition shall be deemed to contain sufficient signatures and the serial number and ballot title shall be certified to the state legislature as provided in RCW 29A.72.230 or to the county auditors as provided in RCW 29A.72.250.

History

Statutory Authority: RCW 29A.04.611. WSR 19-19-033, § 434-379-010, filed 9/11/19, effective 10/12/19
WSR 14-06-040, § 434-379-010, filed 2/26/14, effective 3/29/14. Statutory Authority: RCW 29A.04.611 and 43.07.120. WSR 05-12-116, § 434-379-010, filed 5/31/05, effective 7/1/05. Statutory Authority: RCW 29A.04.610. WSR 04-15-089, § 434-379-010, filed 7/16/04, effective 8/16/04. Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. WSR 97-21-045, recodified as § 434-379-010, filed 10/13/97, effective 11/13/97. Statutory Authority: RCW 29.79.200 and 29.04.080. WSR 97-17-035, § 434-79-010, filed 8/13/97, effective 9/13/97. Statutory Authority: RCW 29.79.200. WSR 78-08-032 (Order 78-2), § 434-79-010, filed 7/17/78.

Wash. Admin. Code § 434-379-012 Acceptance of signatures.

(1) The secretary of state must determine if the person who signed a petition is registered to vote. The information may be researched in voter registration records using first name, last name, address, or any combination thereof. A signature may not be rejected merely because:

(a) The person signed with a middle name, nickname, or initials instead of the first name in the voter registration records, as long as the handwriting is clearly the same;

(b) The last name on the petition differs from the last name in the voter registration records, as long as the addresses and the handwriting on the first name are clearly the same;

(c) The last name on the petition or in the voter registration records is hyphenated while the last name in the other source is not;

(d) The first name and last name on the petition are reversed in the voter registration records;

(e) The address on the petition does not match the address in the voter registration records;

(f) The handwriting on the printed name or address does not match the handwriting on the signature; or

(g) The voter is on inactive status.

(2) If the secretary of state is unable to locate the person in the voter registration records, the signature shall be rejected as not registered to vote.

(3) If the person is registered to vote, the signature on the petition sheet must be matched to the signature in the person's voter registration record using the standards in WAC 434-379-020. If the signature on the petition:

(a) Is handwritten and matches the signature in the voter registration record according to the standards in WAC 434-379-020, the signature must be accepted.

(b) Does not match the signature in the voter registration record, the signature must be rejected.

(c) Matches the signature in the voter registration record but another signature on the petition has already been accepted for that voter, the subsequent signature must be rejected as a duplicate.

History

Statutory Authority: RCW 29A.04.611. WSR 18-10-003, § 434-379-012, filed 4/19/18, effective 5/20/18
WSR 12-14-074, § 434-379-012, filed 7/2/12, effective 8/2/12.

Wash. Admin. Code § 434-379-020 Signature verification standard.

A signature on a petition sheet must be matched to the signature on file in the voter registration records. The following characteristics must be utilized to evaluate signatures to determine whether they are by the same writer:

(1) The signature is handwritten.

(2) Agreement in style and general appearance, including basic construction, skill, alignment, fluency, and a general uniformity and consistency between signatures;

(3) Agreement in the proportions of individual letters, height to width, and heights of the upper to lower case letters;

(4) Irregular spacing, slants, or sizes of letters that are duplicated in both signatures;

(5) After considering the general traits, agreement of the most distinctive, unusual traits of the signatures.

A single distinctive trait is insufficient to conclude that the signatures are by the same writer. There must be a combination or cluster of shared characteristics. Likewise, there must be a cluster of differences to conclude that the signatures are by different writers.

History

Statutory Authority: RCW 29A.04.611. WSR 18-10-003, § 434-379-020, filed 4/19/18, effective 5/20/18. Statutory Authority: RCW 29A.04.611, 29A.04.530. WSR 06-02-028, § 434-379-020, filed 12/28/05, effective 1/28/06. Statutory Authority: RCW 29A.04.611 and 43.07.120. WSR 05-12-116, § 434-379-020, filed 5/31/05, effective 7/1/05.

Chapter 434-381 State voters' pamphlet.

Wash. Admin. Code § 434-381-110 Candidate and committee contacts.

Every candidate or committee appearing in the state voters' pamphlet shall designate a contact person with whom the secretary shall communicate all matters related to the pamphlet. Within five business days of the appointment of the initial members, the committee shall provide a name, mailing address, telephone number, fax number and email address as applicable. In the case of candidates the secretary shall use the information on the declaration of candidacy unless the candidate provides different information pursuant to this section.

History

Statutory Authority: RCW 29A.04.611, 29A.04.255. WSR 11-05-008, § 434-381-110, filed 2/3/11, effective 3/6/11. Statutory Authority: RCW 29.81.320. WSR 02-02-067, § 434-381-110, filed 12/28/01, effective 1/28/02.

Wash. Admin. Code § 434-381-120 Deadlines.

(1) Candidate statements and photographs shall be submitted to the secretary of state no later than 11 days following the last day of the filing period.

(a) A declared primary election write-in candidate may submit a statement and photograph to the secretary of state no later than the Tuesday following the primary election.

(b) An unopposed candidate on the primary ballot may submit a revised statement only when a write-in candidate for the same position files a declaration of candidacy. The revised statement must be received no later than the Tuesday following the primary election.

(2) For ballot measures, including initiatives, referenda, alternatives to initiatives to the legislature, and constitutional amendments, the following documents shall be filed with the secretary of state on or before the following deadlines:

(a) Appointments of the initial two members of committees to prepare arguments for and against measures:

(i) For an initiative to the people or referendum measure: No later than seven business days after the submission of signed petitions to the secretary of state;

(ii) For an initiative to the legislature, with or without an alternative, constitutional amendment or referendum bill, no later than seven business days after the adjournment of the regular or special session at which the legislature approved or referred the measure to the ballot;

(b) Appointment of additional members of committees to prepare arguments for and against ballot measures, no later than the date the committee submits its initial argument to the secretary of state;

(i) For an initiative to the people or referendum measure: No later than 10 business days following appointment of the initial committee members;

(ii) For an initiative to the legislature, with or without an alternative, constitutional amendment or referendum bill, no later than 14 business days following appointment of the initial committee members;

(d) Rebuttals of arguments for or against a ballot measure, no later than five business days following the transmittal of the final statement to the committees by the secretary. The secretary shall not transmit arguments to opposing committees for the purpose of rebuttals until both arguments are complete.

(3) If a ballot measure is the product of a special session of the legislature and the secretary of state determines that the deadlines set forth in subsection (2) of this section are impractical due to the timing of that special session, then the secretary of state may establish a schedule of deadlines unique to that measure.

(4) The deadlines stated in this rule are intended to promote the timely publication of the voters' pamphlet. Nothing in this rule shall preclude the secretary of state from accepting a late filing when, in the secretary's judgment, it is reasonable to do so. Once statements or arguments are submitted to the secretary, changes by the candidate or committee will not be accepted unless requested by the secretary.

History

Statutory Authority: RCW 29A.04.611. WSR 24-03-053, § 434-381-120, filed 1/10/24, effective 2/10/24
WSR 14-06-040, § 434-381-120, filed 2/26/14, effective 3/29/14. Statutory Authority: RCW 29A.04.611, 29A.04.620, and 29A.04.630. WSR 11-24-064, § 434-381-120, filed 12/6/11, effective 1/6/12. Statutory Authority: RCW 29A.04.611, 29A.04.255. WSR 11-05-008, § 434-381-120, filed 2/3/11, effective 3/6/11. Statutory Authority: RCW 29A.04.611. WSR 09-03-110, § 434-381-120, filed 1/21/09, effective 2/21/09
WSR 08-15-052, § 434-381-120, filed 7/11/08, effective 8/11/08
WSR 08-05-120, § 434-381-120, filed 2/19/08, effective 3/21/08. Statutory Authority: RCW 29A.04.610. WSR 04-15-089, § 434-381-120, filed 7/16/04, effective 8/16/04. Statutory Authority: RCW 29.81.320. WSR 02-02-067, § 434-381-120, filed 12/28/01, effective 1/28/02.

Wash. Admin. Code § 434-381-130 Size and quality of photographs.

Candidate photographs submitted for inclusion in the voters' pamphlet must have been taken within the past five years and not be digitally altered. Photographs must be limited to the head and shoulders, with a light-colored background, but not a white background. Color photographs are preferred, though black and white photographs are acceptable.

Candidate photographs may be submitted electronically to the office of the secretary of state for inclusion in the voters' pamphlet. Lab-processed matte prints meeting the size and quality specifications may also be submitted. If a physical printed photograph is submitted, the photograph size must be no smaller than two and one-half inches by three inches, and no larger than eight inches by ten inches.

The office of the secretary of state may adjust or crop photographs as necessary to fit the publication format. Photographs not meeting the specifications may be rejected.

History

Statutory Authority: RCW 29A.04.611. WSR 26-08-043, s 434-381-130, filed 3/25/26, effective 4/25/26. Statutory Authority: RCW 29A.04.611, 29A.04.255. WSR 11-05-008, § 434-381-130, filed 2/3/11, effective 3/6/11. Statutory Authority: RCW 29.81.320. WSR 02-02-067, § 434-381-130, filed 12/28/01, effective 1/28/02.

Wash. Admin. Code § 434-381-140 Restriction on photographs.

No photograph submitted for inclusion in the voters pamphlet may reveal clothing or insignia suggesting the holding of a public office. Examples of such clothing or insignia include, but are not limited to, judicial robes, law enforcement or military uniforms, official seals or symbols similar thereto other than the flag of the state of Washington, or other similar indicia of public office.

History

Statutory Authority: RCW 29.81.320. WSR 02-02-067, § 434-381-140, filed 12/28/01, effective 1/28/02.

Wash. Admin. Code § 434-381-150 Rejection of photographs.

The secretary may reject candidate photographs that do not meet the guidelines outlined by rule.

(1) The secretary will notify candidates whose photographs are being rejected;

(2) Candidates whose photographs are rejected by the secretary will be allowed to submit a new photograph;

(3) Replacement photographs must be submitted by the date specified by the secretary.

History

Statutory Authority: RCW 29.81.320. WSR 02-02-067, § 434-381-150, filed 12/28/01, effective 1/28/02.

Wash. Admin. Code § 434-381-160 Listing committee names and contact information.

Committee names and contact information shall be submitted to the secretary of state.

(1) Names for publication in the voters pamphlet shall be listed in the order submitted by the committee;

(2) Each committee member may use up to eight words as a title or identification. No words that are obscene or otherwise prohibited for distribution through the mail may be used;

(3) The secretary will make every effort to maintain consistency in form and style for publications;

(4) State legislators will be identified in the following manner: State representative or state senator, with each title constituting two words;

(5) State elected officials will be identified as follows: Governor, lieutenant governor, secretary of state, treasurer, auditor, attorney general, superintendent of public instruction, commissioner of public lands and insurance commissioner, with each title counting as many words as in that title;

(6) Additional titles or descriptions may be added to reach the maximum title length; and

(7) Each committee may submit contact information for inclusion in the voters pamphlet consisting of: A telephone number, an email, and an internet address which will not count toward the maximum word allowance.

History

Statutory Authority: RCW 29A.04.611. WSR 08-05-120, § 434-381-160, filed 2/19/08, effective 3/21/08. Statutory Authority: RCW 29.81.320. WSR 02-02-067, § 434-381-160, filed 12/28/01, effective 1/28/02.

Wash. Admin. Code § 434-381-170 Statement and argument format.

(1) Statements or arguments submitted for inclusion in the voters' pamphlet shall not exceed the word limit set by statute.

(a) Arguments for or against measures may contain up to four headings used to highlight major points in the argument and will count toward the maximum word count set for arguments. Rebuttals may not contain headings;

(b) The four headings may not exceed 15 words for each heading.

(2) Statements and arguments submitted to the office of the secretary of state shall be printed in a format that in the opinion of the secretary will provide the best reproduction.

(a) Statements and arguments will be laid out in a standard font without the use of boldface, underlining, or all capitalized letters;

(b) Italics may be used to add emphasis to statements or arguments;

(d) Statements are limited to one paragraph per 50 words. Arguments are limited to four paragraphs. Rebuttals are limited to one paragraph.

History

Statutory Authority: RCW 29A.04.611. WSR 26-08-043, s 434-381-170, filed 3/25/26, effective 4/25/26. Statutory Authority: RCW 29A.04.611, 29A.04.255. WSR 11-05-008, § 434-381-170, filed 2/3/11, effective 3/6/11. Statutory Authority: RCW 29A.04.611. WSR 10-03-072, § 434-381-170, filed 1/18/10, effective 2/18/10. Statutory Authority: RCW 29.81.320. WSR 02-02-067, § 434-381-170, filed 12/28/01, effective 1/28/02.

Wash. Admin. Code § 434-381-180 Editing statements and arguments.

The secretary of state is not responsible for the content of arguments or statements and shall not edit the content of statements or arguments:

(1) The secretary may correct obvious errors in grammar, spelling or punctuation;

(2) The secretary shall promptly attempt to notify any candidate or committee, by any means the secretary deems reasonable under the circumstances, if a statement or argument exceeds the maximum number of words. If the candidate or committee does not provide the secretary with a revised statement or argument that meets the word limit within one business day after being notified by the secretary, then the secretary shall modify the statement to fit the limit by removing full sentences, starting at the end, until the maximum word limit is reached;

(3) The secretary shall notify any committee that submits a title or identification for their members that does not conform to WAC 434-381-160(2). If the committee does not provide the secretary with a revised title or identification that meets the requirements established in WAC 434-381-160(2) within one business day after being notified by the secretary, the secretary shall publish the name without any title or identification;

(4) Prior to publishing the pamphlet the secretary shall make a reasonable effort to provide a proof copy to the candidate or committee as it will appear showing any changes to the statement or argument; and

(5) Candidates or committees may only correct obvious errors or inaccuracies made by the secretary that they discover in their own proof copy. Changes in content are not allowed. Changes must be received by the secretary within three business days after proofs are sent by the secretary.

History

Statutory Authority: RCW 29A.04.611. WSR 21-21-001, § 434-381-180, filed 10/6/21, effective 11/6/21. Statutory Authority: RCW 29A.04.611, 29A.04.255. WSR 11-05-008, § 434-381-180, filed 2/3/11, effective 3/6/11. Statutory Authority: RCW 29.81.320. WSR 02-02-067, § 434-381-180, filed 12/28/01, effective 1/28/02.

Wash. Admin. Code § 434-381-190 Prevention of art work, photographs or other material by candidate.

(1) The secretary shall be prohibited from using the art work, photography, or other materials provided by candidates for public office in the voters' pamphlet in which the candidate's name appears, except that required by law or rule for the candidate's statements or, information provided by the office that publishes the pamphlet;

(2) Prior to final printing of the voters' pamphlet, the secretary will review complete "camera ready" copies of each edition of the voters' pamphlet;

(3) Language shall be placed into contracts, with the office of the secretary of state to produce the voters' pamphlet, to certify that those providing content materials for the voters' pamphlet are not candidates for public office and those individuals will not run for public office while their materials are being used in a state or local pamphlet produced in conjunction with the state voters' pamphlet.

History

Statutory Authority: RCW 29A.04.611, 29A.04.255. WSR 11-05-008, § 434-381-190, filed 2/3/11, effective 3/6/11. Statutory Authority: RCW 29.81.320. WSR 02-02-067, § 434-381-190, filed 12/28/01, effective 1/28/02.

Wash. Admin. Code § 434-381-200 Political party preference information.

If a state voters' pamphlet includes a race for partisan office, the pamphlet must include an explanation that each candidate for partisan office may state a political party that the candidate prefers, and that a candidate's preference does not imply that the candidate is nominated or endorsed by the party or that the party approves of or associates with that candidate. The pamphlet must also explain that a candidate can choose to not state a political party preference.

History

Statutory Authority: RCW 29A.04.611. WSR 26-08-043, s 434-381-200, filed 3/25/26, effective 4/25/26
WSR 08-15-052, § 434-381-200, filed 7/11/08, effective 8/11/08.

Chapter 434-600 Promulgation.

Wash. Admin. Code § 434-600-010 General purpose.

These regulations are adopted under the provisions of chapter 40.14 RCW as amended by section 1, chapter 10, Laws of 1971 ex. sess. and chapter 54, Laws of 1973, in order to furnish procedures for the management, disposition, and preservation of public records of state and local agencies.

History

Statutory Authority: Chapter 40.14 RCW. WSR 93-04-001, § 434-600-010, filed 1/21/93, effective 2/21/93.

Chapter 434-610 Definitions.

Wash. Admin. Code § 434-610-010 "Agency" defined.

"Agency" means any department, office, commission, board, or division of state government; and any county, city, district, or other political subdivision or municipal corporation or any department, office, commission, court, or board or any other state or local government unit, however designated.

History

Statutory Authority: Chapter 40.14 RCW. WSR 93-04-001, § 434-610-010, filed 1/21/93, effective 2/21/93.

Wash. Admin. Code § 434-610-020 "Public record" defined.

"Public records" means any paper, correspondence, completed form, record book, photograph, map, or drawing, regardless of physical form or characteristics, and including records stored on magnetic, electronic, or optical media, and including all copies thereof, that have been made by any agency or received by it in connection with the transaction of public business. And includes any writing containing information relating to the conduct of government or the performance of government or proprietary function prepared, owned, used, or retained by the state or local agency regardless of physical form or characteristics.

History

Statutory Authority: Chapter 40.14 RCW. WSR 93-04-001, § 434-610-020, filed 1/21/93, effective 2/21/93.

Wash. Admin. Code § 434-610-025 "Writing" defined.

"Writing" means handwriting, typewriting, printing, photostatting, photographing, and every other means of recording any form of communication or representation, including letters, words, pictures, sounds, symbols, or combinations thereof, and all papers, maps, magnetic tape, punched cards, discs, drums, and other documents.

History

Statutory Authority: Chapter 40.14 RCW. WSR 93-04-001, § 434-610-025, filed 1/21/93, effective 2/21/93.

Wash. Admin. Code § 434-610-030 "Records classification" defined.

"Records classification" means the designation of a record as either an official public record or as an office file and memorandum, as those terms are defined by RCW 40.14.010 and by these regulations.

History

Statutory Authority: Chapter 40.14 RCW. WSR 93-04-001, § 434-610-030, filed 1/21/93, effective 2/21/93.

Wash. Admin. Code § 434-610-040 "Official public records" defined.

"Official public records" means all original or most important copies of vouchers, receipts, and other documents necessary to isolate and prove the validity of every transaction relating to the receipt, use, and disposition of all public property and public income from all sources whatever; all agreements and contracts to which the state of Washington or any agency thereof may be a party; all fidelity, surety, and performance bonds; all claims filed against the state of Washington or any agency thereof; all records and documents required by law to be filed with or kept by the state of Washington or any agency thereof; all legislative records as defined in section 2, chapter 1, Laws of 1971, ex. sess., and chapter 2, Laws of 1971 ex. sess.; and all other documents or records determined by the state or local records committees to be official public records.

History

Statutory Authority: Chapter 40.14 RCW. WSR 93-04-001, § 434-610-040, filed 1/21/93, effective 2/21/93.

Wash. Admin. Code § 434-610-050 "Office files and memoranda" defined.

"Office files and memoranda" means all records, correspondence, exhibits, record books, booklets, drawings, maps, completed forms, or documents produced or received by the agency but not defined and classified as official public records; all documents and reports made for the internal administration of the office to which they pertain, but not required by law to be filed or kept with such agency; and all other documents or records determined by the state or local records committees to be office files and memoranda.

History

Statutory Authority: Chapter 40.14 RCW. WSR 93-04-001, § 434-610-050, filed 1/21/93, effective 2/21/93.

Wash. Admin. Code § 434-610-060 "Record series" defined.

"Record series" means any group of related records which is filed and used as a unit and which permits evaluation as a unit for disposition purposes.

History

Statutory Authority: Chapter 40.14 RCW. WSR 93-04-001, § 434-610-060, filed 1/21/93, effective 2/21/93.

Wash. Admin. Code § 434-610-070 "Retention period" defined.

"Retention period" means the period of time that must elapse before a specific record is eligible for disposal or transfer in accord with approved retention schedules.

History

Statutory Authority: Chapter 40.14 RCW. WSR 93-04-001, § 434-610-070, filed 1/21/93, effective 2/21/93.

Wash. Admin. Code § 434-610-080 "Long term records" defined.

"Long term records" means records which have an enduring administrative, legal, or financial value and in consequence thereof, must be retained and preserved more than six year.

History

Statutory Authority: Chapter 40.14 RCW. WSR 93-04-001, § 434-610-080, filed 1/21/93, effective 2/21/93.

Wash. Admin. Code § 434-610-090 "Archival records" defined.

"Archival records" means those public records of state and local government agencies which are determined by the state archivist as having continued historical value, must be permanently preserved and have been or may be transferred to the custody of the division of archives after their approved retention has been met.

History

Statutory Authority: Chapter 40.14 RCW. WSR 93-04-001, § 434-610-090, filed 1/21/93, effective 2/21/93.

Wash. Admin. Code § 434-610-100 "Retention schedule" defined.

"Retention schedule" means a compilation of records of an office by name and description which indicates the length of time each record series must be retained and authorizing its disposition.

History

Statutory Authority: Chapter 40.14 RCW. WSR 93-04-001, § 434-610-100, filed 1/21/93, effective 2/21/93.

Wash. Admin. Code § 434-610-110 "Scheduled records" defined.

"Scheduled records" are those public records which have been inventoried in accord with these regulations and approved for disposition and/or transfer to the records center but remain under the jurisdiction of the agency of origin.

History

Statutory Authority: Chapter 40.14 RCW. WSR 93-04-001, § 434-610-110, filed 1/21/93, effective 2/21/93.

Wash. Admin. Code § 434-610-120 "Division records" defined.

"Division records" are those records pertaining to the operations of the division of archives and records management.

History

Statutory Authority: Chapter 40.14 RCW. WSR 93-04-001, § 434-610-120, filed 1/21/93, effective 2/21/93.

Chapter 434-615 Custody of public records.

Wash. Admin. Code § 434-615-010 Public records as public property.

All public records shall be and remain the property of the state or local agency. They shall be delivered by outgoing officials and employees to their successors and shall be preserved, stored, transferred, destroyed, and otherwise managed, only in accordance with the provisions of chapter 40.14 RCW or as otherwise provided for by law and by these regulations.

History

Statutory Authority: Chapter 40.14 RCW. WSR 93-04-001, § 434-615-010, filed 1/21/93, effective 2/21/93.

Wash. Admin. Code § 434-615-020 Custody.

(1) Unless otherwise provided by law, public records must remain in the legal custody of the office in which they were originally filed, which shall be considered the office of record, or shall be destroyed or transferred pursuant to instructions from the state or local records committee as required by chapter 40.14 RCW. They shall not be placed in the legal custody of any other person or agency, public or private, or released to individuals, except for disposition pursuant to law or unless otherwise expressly provided by law or by these regulations.

(2) Nothing in this rule shall be construed to prohibit an agency from transferring records to another agency whenever it is necessary that the agency possess the records in order to perform a governmental function. Any agency that has received records that should by law have been filed with another agency may transfer those records to the proper agency, or return to the filer.

History

Statutory Authority: RCW 40.14.020. WSR 24-15-060, § 434-615-020, filed 7/16/24, effective 8/16/24. Statutory Authority: Chapter 40.14 RCW. WSR 93-04-001, § 434-615-020, filed 1/21/93, effective 2/21/93.

Wash. Admin. Code § 434-615-030 Authority to transfer records.

All state agency records not required in the current operation of the office where they are made or kept, and all records of every state agency, commission, committee, or any other activity of state or local government which may be abolished or discontinued, shall be transferred to the state archives in accord with approved records retention schedules.

State records designated by the state archivist as being archival or potentially archival shall be transferred to the legal and physical custody of the state archives so that the valuable historical records of the state may be centralized, made more widely available for research, and insured permanent preservation.

Transfer of archival records to the state archives must take place within fifty years of the creation of the records so that they may be preserved for posterity in archival-quality conditions. Records which the state is required to keep permanently will be maintained intact by the state archivist, who will assume all responsibility for the access, care and preservation of such records.

Local government agency records designated by the state archivist as of primarily historical interest may be transferred to the state archives, or one of its designated regional depositories, in order to relieve local offices of the burden of housing them, to insure their preservation, and to make them available for reference or study. Officials of local agencies are authorized to transfer records in their custody which are no longer in current use to the Washington state archives. The state archives is not under obligation to acquire such records and will accept only records deemed valuable as a historical source. Any transfer must be by concurrent agreement, excepting wherein records are selected for preservation as historical sources from records retention schedules submitted to the local records committee for disposition authorization.

Records designated as archival on records retention schedules must be either transferred to the state archives system or retained by the originating agency in accord with standards for the maintenance of and access to archival records issued by the state archivist.

History

Statutory Authority: RCW 40.14.020. WSR 94-21-089, § 434-615-030, filed 10/19/94, effective 11/19/94. Statutory Authority: Chapter 40.14 RCW. WSR 93-04-001, § 434-615-030, filed 1/21/93, effective 2/21/93.

Chapter 434-620 Powers and duties of the state archivist.

Wash. Admin. Code § 434-620-010 Powers and duties of the state archivist.

The division of archives and records management is established in the office of the secretary of state. The division is administered by the state archivist and is the primary archival and records management agency of Washington state government. In order to insure the proper management and safekeeping of public records, the state archivist, through the several sections of the division, carries out the following functions:

(1) Manages the archives of the state of Washington;

(2) Centralizes the archives of the state of Washington to make them available for reference and scholarship, and to insure their proper preservation;

(3) Inspects, inventories, catalogs, and arranges records retention and transfer schedules on all record files of all state departments and other agencies of state government;

(4) Insures the maintenance and security of all state public records and establishes safeguards against unauthorized removal or destruction;

(5) Establishes and operates such state records centers as may from time to time be authorized by appropriation for the purpose of preserving, servicing, screening, and protecting all state public records which must be retained temporarily or permanently, but which need not be kept in office space and equipment;

(6) Adopts rules under chapter 34.05 RCW:

(a) Establishing standards for the durability and permanence of public records maintained by state and local agencies;

(b) Governing procedures for the creation, maintenance, transmission, or reproduction of public documents or records in a manner consistent with current standards, policies, and procedures of the department of information services for the acquisition of information technology;

(d) Carrying out other provisions of chapter 40.14 RCW.

(7) Operates a central microfilm bureau which will microfilm, at cost, records approved for filming by the head of the office of origin and the archivist; approves microfilming projects undertaken by state departments and other agencies of state government; and maintains proper standards for this work;

(8) Maintains necessary facilities for the review of records approved for destruction and for their economical disposition; directly supervise such destruction of records as should be authorized by law;

(9) Provides assistance to agencies of local government in records management related matters;

(10) Manages a statewide essential records protection program including the operation of an essential records storage facility, and serves as depository for essential record microfilms for state and local government agencies.

History

Statutory Authority: Chapter 40.14 RCW. WSR 93-04-001, § 434-620-010, filed 1/21/93, effective 2/21/93.

Chapter 434-624 Powers and duties of the state records committee.

Wash. Admin. Code § 434-624-010 Membership.

A representative appointed by the state auditor, the state archivist, a representative appointed by the attorney general and a representative appointed by the director of the office of financial management shall constitute a committee to be known as the state records committee.

History

Statutory Authority: RCW 40.14.020. WSR 24-15-059, § 434-624-010, filed 7/16/24, effective 8/16/24. Statutory Authority: Chapter 40.14 RCW. WSR 93-04-001, § 434-624-010, filed 1/21/93, effective 2/21/93.

Wash. Admin. Code § 434-624-020 Committee officers—Duties.

The representative of the state auditor shall be ex officio chairperson of the state records committee. The representative appointed by the attorney general shall be vice chairperson. The state archivist shall act as secretary and shall be responsible for the proper recording of its proceedings.

History

Statutory Authority: RCW 40.14.020. WSR 24-15-059, § 434-624-020, filed 7/16/24, effective 8/16/24. Statutory Authority: Chapter 40.14 RCW. WSR 93-04-001, § 434-624-020, filed 1/21/93, effective 2/21/93.

Wash. Admin. Code § 434-624-030 General powers of the committee.

The state records committee may adopt appropriate procedures for records disposition authorization, scheduling, and other matters relating to the retention, preservation, or destruction of public records of state agencies; may exercise such further powers as are granted by chapter 40.14 RCW or by any other statute.

History

Statutory Authority: Chapter 40.14 RCW. WSR 93-04-001, § 434-624-030, filed 1/21/93, effective 2/21/93.

Wash. Admin. Code § 434-624-040 General duties of the committee.

The committee shall review records retention and disposition schedules submitted to it for authorization and may veto, approve, or amend the schedule or any or all records series contained therein. Approval of a schedule or amended schedule shall be by majority vote of the state records committee members.

History

Statutory Authority: Chapter 40.14 RCW. WSR 93-04-001, § 434-624-040, filed 1/21/93, effective 2/21/93.

Wash. Admin. Code § 434-624-050 Committee meetings.

The state records committee shall meet in open session at least quarterly to consider all business relevant to the duties of the committee, at the office of the state archivist, Olympia, Washington.

History

Statutory Authority: RCW 40.14.020. WSR 12-06-053, § 434-624-050, filed 3/5/12, effective 4/5/12. Statutory Authority: Chapter 40.14 RCW. WSR 93-04-001, § 434-624-050, filed 1/21/93, effective 2/21/93.

Chapter 434-630 Powers and duties of the local records committee.

Wash. Admin. Code § 434-630-010 Membership.

A representative appointed by the state auditor, the state archivist, and a representative appointed by the attorney general shall constitute a committee to be known as the local records committee. Reference: RCW 40.14.070.

History

Statutory Authority: RCW 40.14.020. WSR 24-15-059, § 434-630-010, filed 7/16/24, effective 8/16/24. Statutory Authority: Chapter 40.14 RCW. WSR 92-18-047, § 434-630-010, filed 8/28/92, effective 9/28/92.

Wash. Admin. Code § 434-630-020 Committee officers—Duties.

The representative of the state auditor shall be ex officio chairperson of the local records committee. The representative appointed by the attorney general shall be vice chairperson. The state archivist shall act as secretary and shall be responsible for the proper recording of its proceedings.

History

Statutory Authority: RCW 40.14.020. WSR 24-15-059, § 434-630-020, filed 7/16/24, effective 8/16/24. Statutory Authority: Chapter 40.14 RCW. WSR 92-18-047, § 434-630-020, filed 8/28/92, effective 9/28/92.

Wash. Admin. Code § 434-630-030 General powers of the committee.

The local records committee may adopt appropriate procedures for records disposition authorization, scheduling, and other matters relating to the retention, preservation, or destruction of public records of local government agencies, and may exercise such further powers as are granted by chapter 40.14 RCW or any other statute.

History

Statutory Authority: Chapter 40.14 RCW. WSR 92-18-047, § 434-630-030, filed 8/28/92, effective 9/28/92.

Wash. Admin. Code § 434-630-040 General duties of the committee.

The local records committee shall review lists of records submitted to it for destruction authorization and may veto the destruction of any or all items contained therein.

The local records committee shall also review recurring disposition schedules recommended to it by agencies of local government and may veto, approve, or amend such schedules. Approval of a schedule or amended schedule shall be by unanimous vote of the local records committee members.

History

Statutory Authority: Chapter 40.14 RCW. WSR 92-18-047, § 434-630-040, filed 8/28/92, effective 9/28/92.

Wash. Admin. Code § 434-630-050 Duties of the state archivist.

To facilitate the work of the local records committee, the state archivist shall have reasonable access to all public records, wherever kept, for the purposes of information, surveying, or cataloging them and shall perform the following duties:

(1) Provide guidelines to local governmental agencies for their assistance in preparing lists and schedules for destruction authorization.

(2) Record final actions and maintain the official files of the committee.

(3) Designate those records of county, municipal, or other local government agencies which are of primarily historical interest and arrange for document transfer to a recognized depository agency in order to relieve local officers of the burden of housing such records and to insure their preservation.

History

Statutory Authority: Chapter 40.14 RCW. WSR 92-18-047, § 434-630-050, filed 8/28/92, effective 9/28/92.

Wash. Admin. Code § 434-630-060 Committee meetings.

The local records committee shall meet in open public session at least quarterly to consider all business relevant to the duties of the committee, at the office of the state archivist, Olympia, Washington.

History

Statutory Authority: RCW 40.14.020. WSR 12-06-054, § 434-630-060, filed 3/5/12, effective 4/5/12. Statutory Authority: Chapter 40.14 RCW. WSR 92-18-047, § 434-630-060, filed 8/28/92, effective 9/28/92.

Chapter 434-635 Local records disposition authorization.

Wash. Admin. Code § 434-635-010 Statutory requirements.

No public record other than office files and memoranda of any local government agency shall be destroyed until it is six years old or until the six-year retention is reduced by the local records committee for records that are shown by the requesting agency that a six-year retention is both unnecessary and uneconomical or that a lesser federal retention guideline has been established; or until the record has been authorized for microfilming or for conversion to any other document imaging system approved by the state archivist.

Except as otherwise provided by law, no public record, including office files and memoranda, shall be destroyed until approved for destruction by the local records committee. Reference chapter 40.14 RCW.

History

Statutory Authority: Chapter 40.14 RCW. WSR 92-18-048, § 434-635-010, filed 8/28/92, effective 9/28/92.

Wash. Admin. Code § 434-635-020 Types of destruction authorizations.

Requests to destroy public records in the possession of local government agencies shall be approved only by the local records committee and shall be of two types as further set forth in these regulations; namely:

(1) Listed nonrecurring authorization; and

(2) Recurring disposition schedules.

History

Statutory Authority: Chapter 40.14 RCW. WSR 92-18-048, § 434-635-020, filed 8/28/92, effective 9/28/92.

Wash. Admin. Code § 434-635-030 Listed nonrecurring authorization.

County, municipal, and other local government agencies may request authority to destroy noncurrent public records having no further administrative or legal value by submitting to the local records committee lists of such records on forms provided by the division of archives and records management. Such lists, when approved by the local records committee, constitute authority to destroy the specifically dated records indicated. Listed authorizations are valid only for the dates specified and are not recurring for subsequently dated records without submittal of a new list.

History

Statutory Authority: Chapter 40.14 RCW. WSR 92-18-048, § 434-635-030, filed 8/28/92, effective 9/28/92.

Wash. Admin. Code § 434-635-040 Recurring disposition schedules.

A local government agency, as an alternative to submitting lists, may elect to establish a records control program based on recurring disposition schedules recommended by the agency to the local records committee. The schedules are to be submitted on forms provided by the division of archives and records management, to the local records committee, which may either veto, approve, or amend the schedule. Approval of such schedules or amended schedules shall be by unanimous vote of the local records committee.

History

Statutory Authority: Chapter 40.14 RCW. WSR 92-18-048, § 434-635-040, filed 8/28/92, effective 9/28/92.

Wash. Admin. Code § 434-635-050 General schedules may be adopted.

The local records committee may approve and issue records retention/disposition schedules which shall constitute authority to dispose of specific records, held commonly by like agencies, after a required retention period, on a recurring basis until the schedule is either amended or revised by the committee.

History

Statutory Authority: Chapter 40.14 RCW. WSR 92-18-048, § 434-635-050, filed 8/28/92, effective 9/28/92.

Wash. Admin. Code § 434-635-060 Records retention and disposition guidelines.

The state archivist may furnish suggestions and guidelines to local governmental agencies for their assistance in the preparation of lists and schedules and may furnish information relating to any other matter relating to the retention, preservation, or destruction of public records. Such guidelines may be published and include suggestions relative to the minimal retentions of records and recommendations for microfilming. The guidelines are suggestive only and are not records destruction authorizations.

History

Statutory Authority: Chapter 40.14 RCW. WSR 92-18-048, § 434-635-060, filed 8/28/92, effective 9/28/92.

Chapter 434-640 Methods of records disposal.

Wash. Admin. Code § 434-640-010 Records disposal—Generally.

When the state or local records committee has authorized the destruction of public records in accord with chapter 40.14 RCW, it shall be the responsibility of the agency having requested or received such authorization to cause such records to be disposed of promptly and effectively, after the approved retention period.

History

Statutory Authority: RCW 40.14.020. WSR 92-05-060, § 434-640-010, filed 2/14/92, effective 3/16/92.

Wash. Admin. Code § 434-640-020 Disposal of confidential records.

It is the agency's responsibility to insure that records exempt from disclosure per chapter 42.17 RCW, or which are otherwise considered confidential, are protected from unauthorized access during any disposal process. The primary purpose of such disposal shall be that of reducing the records to an illegible condition.

History

Statutory Authority: RCW 40.14.020. WSR 92-05-060, § 434-640-020, filed 2/14/92, effective 3/16/92.

Wash. Admin. Code § 434-640-030 Disposal by recycling.

Pursuant to disposal authorization from the state or local records committee, an agency may dispose of records by recycling, under the following conditions:

(1) The prompt destruction of the records shall be insured, and the responsibility for such destruction shall continue to be that of the agency until effectuated.

(2) The recycling agent or entity shall have any required licenses and shall be insured or bonded.

(3) Records shall not be kept in unattended and unprotected storage awaiting their destruction.

(4) The agency or its authorized agent shall have in effect a contract or written agreement with the recycling entity which includes these conditions.

History

Statutory Authority: RCW 40.14.020. WSR 92-05-060, § 434-640-030, filed 2/14/92, effective 3/16/92.

Chapter 434-660 Standards for the accuracy, durability and permanence of public records.

Wash. Admin. Code § 434-660-010 Statutory authority.

The state archivist shall adopt rules under chapter 34.05 RCW setting standards for the durability and permanence of public records maintained by state and local agencies:

(1) Governing procedures for the creation, maintenance, transmission, or reproduction of photographic, optical, electronic, or other images of public documents or records in a manner consistent with current standards, policies, and procedures of the department of information services;

(2) Governing the accuracy and durability of photographic, optical, electronic or other images used as public records. Reference RCW 40.14.020.

History

Statutory Authority: Chapter 40.14 RCW. WSR 93-19-051, § 434-660-010, filed 9/10/93, effective 10/11/93.

Chapter 434-661 Real property electronic recording.

Wash. Admin. Code § 434-661-010 General purpose.

(1) This rule prescribes standards for electronic recording of real property documents in those Washington counties in which the county recording officer elects to accept electronic real property documents for recordation.

(2) These standards are based on recommendations of the Washington state electronic recording standards commission and promulgated by the secretary of state pursuant to chapter 65.24 RCW, Uniform Real Property Electronic Recording Act.

History

Statutory Authority: Chapter 65.24 RCW. WSR 13-03-070, § 434-661-010, filed 1/14/13, effective 2/14/13.

Wash. Admin. Code § 434-661-020 Definitions.

For the purpose of this chapter:

(1) "Delivery package" means a document, group of documents, related or unrelated, bundled into a single entity for electronic transfer.

(2) "Document" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium, is retrievable in perceivable form, and is eligible to be recorded in the land records maintained by the county recording officer.

(3) "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.

(4) "Electronic document" means a document that is received or sent by the recording officer in an electronic form.

(5) "Electronic signature" means an electronic sound, symbol or process attached to or logically associated with a document and executed or adopted by a person with the intent to sign the document.

(6) "Electronic notarization" means a notarial act performed in accordance with chapter 42.44 RCW and chapter 308-30 WAC by a notary public who provides notarial acts using electronic interface.

(7) "Electronic recording standards commission" or "eRecording standards commission" or "ERSC" means the body of stakeholders appointed by the secretary of state to review electronic recording standards and make recommendations to the secretary in accordance with RCW 65.24.040.

(8) "eRecording" means electronic recording of real property documents.

(9) "Metadata" means data describing other data to facilitate the understanding, use, and management of that data.

(10) "Open architecture" means computer architecture or software architecture that employs specifications that are open to the public to allow for adding, upgrading and exchange of components produced by a broad range of manufacturers.

(11) "PDF (portable document format)" means the file format originally created by Adobe Systems for document exchange allowing documents to be viewed as they were intended to appear. PDFs are a common format for image exchange or world wide web presentation.

(12) "Recording" means making a matter of record in the office of the recording officer in accordance with RCW 65.04.030.

(13) "Recording officer" means the county auditor or other official county recording officer.

(14) "TIFF" (tagged image file format) means the variable-resolution bitmapped image format originally developed by the Aldus Corporation (now part of Adobe Systems) and published as ISO 12639:2004, Graphic technology-Prepress digital data exchange-Tag image file format for image technology (TIFF/IT). TIFF is a common format for high-quality black and white, gray-scaled, or color graphics of any resolution and is made up of individual dots or pixels.

(15) "URPERA (Uniform Real Property Electronic Recording Act)" means the body of recommended legislation released in 2004 by the National Conference of Commissioners on Uniform State Laws (NCCUSL) for adoption by state legislatures. URPERA authorizes recording officers to accept electronic documents for recording in accordance with established standards. Washington state adopted a modified version of URPERA in 2008 (chapter 65.24 RCW).

(16) "Washington state archives" means the office of the secretary of state, division of archives and records management.

(17) "Web portal (gateway)" means a site that functions as a point of access to information or services on the world wide web.

(18) "XML (extensible markup language)" means an extensible document language for specifying document content. XML is not a predefined markup language but a metalanguage (a language for describing other languages) allowing the user to specify a document type definition (DTD) and design customized markup languages for different classes of documents.

History

Statutory Authority: RCW 65.24.040. WSR 14-12-035, § 434-661-020, filed 5/28/14, effective 6/28/14. Statutory Authority: Chapter 65.24 RCW. WSR 13-03-070, § 434-661-020, filed 1/14/13, effective 2/14/13.

Wash. Admin. Code § 434-661-030 Washington real property electronic recording standards.

(1) Technical standards and implementation guidelines.

(a) Electronic recording of real property documents shall meet technical standards for document formatting and document data fields and follow implementation guidelines as prescribed by the Property Records Industry Association (PRIA) which are hereby incorporated by reference, made a part of this rule, and listed below:

(i) PRIA Request Version 2.4.2, August 2007;

(ii) PRIA Response Version 2.4.2, August 2007;

(iii) Document Version 2.4.1, October 2007;

(iv) Notary Version 2.4.1, October 2007;

(v) eRecording XML Implementation Guide for Version 2.4.1, Revision 2, March 2007;

(vi) URPERA Enactment and eRecording Standards Implementation Guide, December 2005.

These standards are available from the Property Records Industry Association, 2501 Aerial Center Parkway, Ste. 103, Morrisville, NC 27560, and at http://www.pria.us/.

(b) eRecording shall be offered and conducted in accordance with the models of submission described in the URPERA Enactment and eRecording Standards Implementation Guide, Section 2.3, eRecording Models.

(c) Each recording officer who accepts documents for eRecording shall provide open architecture for reception of electronic documents. All reception software, including web portals, must support PRIA eRecording SML Implementation Guide for Version 2.4.1 standards.

(2) Web portals.

(a) The world wide web will be the most common delivery medium for electronic documents.

(b) A document delivered over the web should provide a minimum amount of information in the delivery package sufficient to identify and authenticate the sender to the recording officer, while also itemizing the contents of the package.

(c) Payment processing, if supplied at the portal, shall comply with the 2012 NACHA Operating Rules & Guidelines, which is hereby incorporated by reference and made a part of this rule. This publication is available from NACHA: The Electronic Payments Association, 13450 Sunrise Valley Drive, Suite 100, Herndon, VA 20171, and at http://www.nacha.org/. The recording officer and portal provider shall determine the portal's payment processing capabilities, and each recording officer shall designate approved methods of payment, which may include credit cards, ACH (automated clearing house), escrow accounts, electronic checks, or other methods.

(3) Business rules. Recording officers shall establish and publish business rules that govern how eRecording will be conducted. The business rules may be in electronic or hard copy format and may appear on a portal or the recording officer website. The transmitting parties' electronic acknowledgment of acceptance of the terms of the business rules is acceptable. The business rules must cover the following items:

(a) Memorandum of understanding or contract;

(b) Defined technical specifications;

(d) Hours of operations and processing schedules;

(e) Payment options;

(f) Termination terms;

(g) Document rejection rights;

(h) Statement that any amendments and/or alterations to the business rules will be published with adequate notice before taking effect;

(i) Statement clarifying the liability of the recording offices.

(4) Security.

(a) All electronic documents must be secured in such a way that both the transmitting and receiving parties are assured of each other's identity and that no unauthorized party can view or alter the electronic document during transmission, processing, and delivery. If followed through the entire electronic document process of execution through recording, the security measures identified in chapter 6 of the eRecording XML Implementation Guide for Version 2.4.1, Revision 2, March 2007, satisfy this requirement.

(b) Each recording officer who elects to accept electronic real property documents for recordation shall implement reasonable measures such that each electronic document accepted for recordation is protected from alteration and unauthorized access.

(5) Electronic signatures. Recording officers are only required to accept electronic signatures that they have the technology to support. Recording officers have no responsibility to authenticate electronic signatures embedded within the body of the document.

(6) Notarizations. Pursuant to chapter 65.24 RCW, notarizations must:

(a) Be performed by a notary public who has been appointed by the Washington state department of licensing, or a person authorized by the laws of another jurisdiction outside the state of Washington, in accordance with chapter 42.44 RCW; and

(b) Comply with all applicable requirements for performing a notarial act as found in chapter 42.44 RCW and chapter 308-30 WAC, as amended from time to time, except that in the case of notarizations performed electronically, an impression of the official seal or stamp is not required.

Recording officers have no responsibility for verifying or authenticating notary signatures and acknowledgments.

(7) File formats for eRecording. The electronic recording standards commission recommends that electronic recordings be converted to (if necessary) and preserved as image files along with their associated metadata. If submissions are accepted in XHTML (extensible hypertext markup language) format, they shall be converted to a digital image until the viability of preserving these eRecordings in their native format has been demonstrated. Document images should be submitted as defined in WAC 434-663-305 and meet all state requirements for recorded instruments as defined in RCW 65.04.045.

(8) Records retention and preservation. Recording officers must not destroy public records, including electronic records, without the approval of the local records committee, in accordance with RCW 40.14.070.

Recording officers must retain electronic public records in electronic format such that the records remain usable, searchable, retrievable, and authentic for the length of the designated retention period in accordance with WAC 434-662-040.

The local records committee has approved the local government common records retention schedule (CORE) and the county auditor records retention schedule authorizing the minimum retention periods for recording officer records, and designating those records with enduring value as "archival."

Recording officers may transfer public records designated as "archival," including electronic records, to Washington state archives for preservation and for facilitating public access to the records.

(9) Payment of recording fees. Electronic payment of recording fees and excise tax, where applicable, shall be collected by the county agency responsible for such as prescribed in accordance with Washington state law and accepted industry standards without incurring unreasonable electronic processing fees.

History

Statutory Authority: RCW 65.24.040. WSR 14-12-035, § 434-661-030, filed 5/28/14, effective 6/28/14. Statutory Authority: Chapter 65.24 RCW. WSR 13-03-070, § 434-661-030, filed 1/14/13, effective 2/14/13.

Wash. Admin. Code § 434-661-100 Electronic recording standards commission.

The electronic recording standards commission is established in accordance with RCW 65.24.040.

History

Statutory Authority: Chapter 65.24 RCW. WSR 13-03-070, § 434-661-100, filed 1/14/13, effective 2/14/13.

Wash. Admin. Code § 434-661-110 Purpose.

The purpose of the electronic recording standards commission is to advise the secretary of state in the following areas:

(1) Rules necessary to implement the Uniform Real Property Electronic Recording Act (URPERA);

(2) Standards and practices affecting electronic recording in this state and other jurisdictions that enact URPERA to keep the technology used by recording officers in this state compatible with technology used by recording offices in other jurisdictions that enact URPERA, including:

(a) Standards adopted by national standard-setting bodies, such as the property records industry association;

(b) The views of interested persons and governmental officials and entities;

(d) Standards requiring adequate information-security protection to ensure that electronic documents are accurate, authentic, adequately preserved, and resistant to tampering;

(3) Emerging issues and trends affecting electronic recording which may necessitate amendments to or repeal of published standards;

(4) Other related issues at the request of the secretary of state.

History

Statutory Authority: Chapter 65.24 RCW. WSR 13-03-070, § 434-661-110, filed 1/14/13, effective 2/14/13.

Wash. Admin. Code § 434-661-120 Membership.

(1) The commission will consist of at least seven and no more than thirteen members chosen by the secretary of state to represent a range of recording offices by size, geographic regions of the state, and general expertise in electronic recording. A majority of the commission must be county auditors, and other members may include assessors, treasurers, the state archivist, land title company representatives, escrow agents, mortgage brokers, or any other party the secretary of state deems appropriate. The commission will elect a chairperson from its members.

(2) Members serve at the pleasure of the secretary of state. Terms are two or three years, and there are no limits to how long a member can serve. Vacancies will be filled by the secretary of state upon notice of a vacancy from the member.

History

Statutory Authority: Chapter 65.24 RCW. WSR 13-03-070, § 434-661-120, filed 1/14/13, effective 2/14/13.

Wash. Admin. Code § 434-661-130 Meetings.

Commission meetings will take place at least once a year and may occur at the annual Washington state association of county auditors recording conference. Additional meetings may be called by the secretary of state or the commission. All meeting dates and times will be posted on the secretary of state's web page.

History

Statutory Authority: Chapter 65.24 RCW. WSR 13-03-070, § 434-661-130, filed 1/14/13, effective 2/14/13.

Wash. Admin. Code § 434-661-140 Quorum.

A simple majority of the regularly appointed commission members constitute a quorum. If seven positions are filled, the quorum is four.

History

Statutory Authority: Chapter 65.24 RCW. WSR 13-03-070, § 434-661-140, filed 1/14/13, effective 2/14/13.

Wash. Admin. Code § 434-661-150 Compensation.

Commission members are not compensated for their service, but may be reimbursed for expenses incurred in the conduct of their official duties. Reimbursement is at current state rates for travel and all reimbursement requests must be received within thirty days of incurring the expense.

History

Statutory Authority: Chapter 65.24 RCW. WSR 13-03-070, § 434-661-150, filed 1/14/13, effective 2/14/13.

Wash. Admin. Code § 434-661-160 Retention of records.

The state archivist will act as secretary for the commission and will ensure the retention and lawful disposition of records of the commission in accordance with chapter 40.14 RCW.

History

Statutory Authority: Chapter 65.24 RCW. WSR 13-03-070, § 434-661-160, filed 1/14/13, effective 2/14/13.

Chapter 434-662 Preservation of electronic public records.

Wash. Admin. Code § 434-662-010 Purpose.

Pursuant to the provisions of chapters 40.14 and 42.56 RCW, and RCW 43.105.250, the rules contained in this chapter are intended to ensure that electronic public records are securely preserved for their minimum retention period for present and future access and/or are transferred to the Washington state digital archives for retention so that valuable legal and historical records of the state may be centralized, made more widely available, and permanently preserved.

History

Statutory Authority: RCW 40.14.020(6), chapters 40.14, 42.56, and 43.105 RCW. WSR 08-21-073, § 434-662-010, filed 10/13/08, effective 1/1/09.

Wash. Admin. Code § 434-662-020 Definitions applicable to all sections of this chapter.

Unless the context indicates otherwise, words used in this chapter shall have the meaning given in this section.

"Archival value" means those public records, as determined by state archivist's appraisal, that are worthy of long-term or permanent preservation by the archives due to their historical, legal, fiscal, evidential, or informational value, or are designated such by statute.

"Authentic" means that a public record is accepted by the state archives as genuine, trustworthy, or original.

"Authentication" means the process of verifying that a public record is acceptable as genuine, trustworthy, original, or authentic.

"Chain of custody" means the documentation of the succession of offices or persons who held public records, in a manner that could meet the evidentiary standards of a court of law until their proper disposition according to an approved records retention schedule.

"Confidential record" means any public record series, file, record or database field with restrictions on public access as mandated by federal, state or local laws, or court order.

"Database management system" means a set of software programs that controls the organization, storage and retrieval of data in a database, as well as the security and integrity of the database.

"Digital archives" means the mass storage facility for electronic records located in Cheney, Washington and operated by the Washington state archives. The digital archives is designed to permanently preserve electronic state and local government records with archival value in an environment designed for long-term storage and retrieval.

"Disposition" means the action taken with a record once its required retention period has expired. Disposition actions include but are not limited to transfer to the archives or destruction.

"Elected official" means any person elected at a general or special election to any public office, and any person appointed to fill a vacancy in any such office.

"Electronic record" includes those public records which are stored on machine readable file format.

"Encryption" means the process of rendering plain text unintelligible by converting it to ciphertext so it can be securely transmitted and can only be read by those authorized to decode the plain text from the ciphertext.

"File format" means the type of data file stored on machine readable materials such as hard disks, floppy disks, CD-ROMs, DVDs, flash media cards, USB storage devices, magnetic tape, and any other media designed to store information electronically, as well as the application program necessary to view it.

"Metadata" means data used to describe other data. Metadata describes how, when, and by whom particular content was collected, how the content is formatted, and what the content is. Metadata is designed to provide a high level of categorization to aid in the storage, indexing, and retrieving of electronic records for public use.

"Public record" has the same meaning as in chapters 40.14 and 42.56 RCW.

"Records committees" means the local records committee created in RCW 40.14.070 and the state records committee created in RCW 40.14.050.

"Retention period" means the required minimum amount of time a records series must be retained to meet legal, fiscal, administrative or historical value as listed on an approved records retention schedule or general records retention schedule.

"Records retention schedule" means a legal document approved by the state or local records committee that specifies minimum retention periods for a records series and gives agencies ongoing disposition authority for the records series after the records' approved retention period has been satisfied.

"Spider" means a software program that automatically collects and retrieves online web content and all documents linked to such content. Examples include, but are not limited to: Web spiders, web crawlers, robots, and bots.

History

Statutory Authority: RCW 40.14.020(6), chapters 40.14, 42.56, and 43.105 RCW. WSR 08-21-073, § 434-662-020, filed 10/13/08, effective 1/1/09.

Wash. Admin. Code § 434-662-030 Retention scheduling and disposition of electronic public records.

Electronic records are bound by the same provisions as paper documents as set forth in chapter 40.14 RCW. Electronic records must be retained pursuant to the retention schedules adopted by the records committees. Destruction of, or changes to the retention period of, any public record, regardless of format, requires legal approval from the state or local records committee pursuant to chapters 40.14 RCW, 434-635 WAC and other applicable state laws. Public records that are designated "archival" by the state archivist must be maintained pursuant to the provisions of this chapter until such time as they are transferred to the state archives.

History

Statutory Authority: RCW 40.14.020(6), chapters 40.14, 42.56, and 43.105 RCW. WSR 08-21-073, § 434-662-030, filed 10/13/08, effective 1/1/09.

Wash. Admin. Code § 434-662-040 Agency duties and responsibilities.

Electronic records must be retained in electronic format and remain usable, searchable, retrievable and authentic for the length of the designated retention period. Printing and retaining a hard copy is not a substitute for the electronic version unless approved by the applicable records committee.

An agency is responsible for a security backup of active records. A security backup must be compatible with the current system configuration in use by the agency.

History

Statutory Authority: RCW 40.14.020(6), chapters 40.14, 42.56, and 43.105 RCW. WSR 08-21-073, § 434-662-040, filed 10/13/08, effective 1/1/09.

Wash. Admin. Code § 434-662-050 Disposition of electronic public records identified by records committees as archival.

Electronic records designated as "archival" must be retained in their original format along with the hardware and software required to read the data in that format unless the converted records have been sampled for completeness and accuracy of the migration to a new system and/or file format. Original data, hardware, and software must be maintained until successful migration to a new system has been verified. Agencies have a duty to work with the state archivist to centralize, preserve, and/or transfer archival records to the digital archives. All records transferred to the digital archives will be administered and managed in accordance with all public access and disclosure laws and requirements.

History

Statutory Authority: RCW 40.14.020(6), chapters 40.14, 42.56, and 43.105 RCW. WSR 08-21-073, § 434-662-050, filed 10/13/08, effective 1/1/09.

Wash. Admin. Code § 434-662-055 Disposition of electronic public records identified by records committees as nonarchival.

Electronic records rendered obsolete through the verified accurate migration to a more current media file format for readability and not designated as "archival" may be considered a secondary copy and disposed of as directed by chapter 40.14 RCW.

History

Statutory Authority: RCW 40.14.020(6), chapters 40.14, 42.56, and 43.105 RCW. WSR 08-21-073, § 434-662-055, filed 10/13/08, effective 1/1/09.

Wash. Admin. Code § 434-662-060 Authentication and chain of custody of electronic records.

The agency must maintain chain of custody of the record, including employing sufficient security procedures to prevent additions, modifications, or deletion of a record by unauthorized parties. If there is a break in chain of custody, it must be noted in the transmittal to the archives.

History

Statutory Authority: RCW 40.14.020(6), chapters 40.14, 42.56, and 43.105 RCW. WSR 08-21-073, § 434-662-060, filed 10/13/08, effective 1/1/09.

Wash. Admin. Code § 434-662-070 Use of encryption on electronic records.

If encryption is employed on public records, the agency must maintain the means to decrypt the record for the life of the record as designated by the approved required minimum retention period for that record.

History

Statutory Authority: RCW 40.14.020(6), chapters 40.14, 42.56, and 43.105 RCW. WSR 08-21-073, § 434-662-070, filed 10/13/08, effective 1/1/09.

Wash. Admin. Code § 434-662-090 Transmittal agreement for transfer of electronic records.

The digital archives must develop a transmittal agreement for the transfer of electronic records from state and local government agencies to the digital archives. At a minimum, a transmittal agreement between the digital archives and a state or local government agency must contain:

(1) Identification of the record series;

(2) Disposition authority;

(3) Number of records to be transferred;

(4) Method, schedule, and frequency of record transmittal;

(5) Relevant metadata/indexing fields;

(6) The decryption means for any record transmitted in an encrypted format;

(7) Media file format;

(8) Identification of any access restriction and the statutory authority for such restriction;

(9) Other technical information, such as backend database management systems, necessary for ingestion of electronic data into the digital archives repository; and

(10) Procedures for collecting any fees for public copies as provided by statute or ordinance.

History

Statutory Authority: RCW 40.14.020(6), chapters 40.14, 42.56, and 43.105 RCW. WSR 08-21-073, § 434-662-090, filed 10/13/08, effective 1/1/09.

Wash. Admin. Code § 434-662-100 Media format and protocol for transfer.

Electronic records will be directly transferred to the digital archives via web services, secure File Transfer Protocol, T-1 line or other direct transmission as outlined in the transmittal agreement. When direct transmission is not practicable, records must be transmitted via portable media formats including, but not limited to tape, compact disc, digital versatile disc, flash media cards, universal serial bus storage devices, external hard drive, or diskette.

History

Statutory Authority: RCW 40.14.020(6), chapters 40.14, 42.56, and 43.105 RCW. WSR 08-21-073, § 434-662-100, filed 10/13/08, effective 1/1/09.

Wash. Admin. Code § 434-662-110 Metadata requirements.

Electronic records transferred to the digital archives must contain sufficient metadata to categorize, search and retrieve the records. All transfers of electronic records to the digital archives must identify the name of the originating agency, the date of transfer, the records series, and other appropriate metadata as specified in the transmittal agreement. The digital archives will not accept electronic records that do not contain appropriate metadata as specified in the transmittal agreement.

History

Statutory Authority: RCW 40.14.020(6), chapters 40.14, 42.56, and 43.105 RCW. WSR 08-21-073, § 434-662-110, filed 10/13/08, effective 1/1/09.

Wash. Admin. Code § 434-662-140 Website management.

All state and local government agencies must retain all web content in accordance with the approved retention schedules. Pursuant to a transmittal agreement, the digital archives will use a software program commonly known as a spider to copy state and local government websites that are determined to have archival value either annually or more frequently. All state and local government agencies shall use the following best management practices in the maintenance of their websites:

(1) Each page shall contain identifying information as outlined in the transmittal agreement;

(2) If an agency website is determined to have archival value and cannot be copied using a spider software program, the agency must copy and preserve all code for the website.

History

Statutory Authority: RCW 40.14.020(6), chapters 40.14, 42.56, and 43.105 RCW. WSR 08-21-073, § 434-662-140, filed 10/13/08, effective 1/1/10.

Wash. Admin. Code § 434-662-150 Email management.

Emails created and received by any agency of the state of Washington in the transaction of public business are public records for the purposes of chapter 40.14 RCW and are subject to all of the laws and regulations governing the retention, disclosure, destruction and archiving of public records. The emails of all elected government officials and public employees are subject to the records retention periods and disposition promulgated by the records committees, and any and all emails with archival value must be retained. Agencies may be relieved of the obligation to permanently retain archival email by transmitting email and all associated metadata to the digital archives pursuant to a transmittal agreement as provided for in WAC 434-662-090. This section does not apply to state legislators or members of the state judiciary.

History

Statutory Authority: RCW 40.14.020(6), chapters 40.14, 42.56, and 43.105 RCW. WSR 08-21-073, § 434-662-150, filed 10/13/08, effective 1/1/10.

Chapter 434-663 Imaging systems, standards for accuracy and durability.

Wash. Admin. Code § 434-663-100 Legality.

The purpose of this chapter is to establish standards and recommended practices for the creation, preservation, access to, and retention of public records on electronic imaging systems. Electronic imaging systems may legally be used for recording, producing, reproducing, maintaining, and storing public records if:

(1) Those systems meet the standards set forth in this chapter;

(2) The systems are used in accordance with this chapter; and

(3) The retention and disposition of the original and copies of records maintained on those systems regardless of media are scheduled, maintained, and disposed of in accordance with chapter 40.14 RCW. Nothing in this chapter can be construed to limit the admissibility of any public record as evidence.

History

Statutory Authority: RCW 40.14.020(6). WSR 00-20-038, § 434-663-100, filed 9/28/00, effective 10/29/00. Statutory Authority: Chapter 40.14 RCW. WSR 94-04-102, § 434-663-100, filed 2/1/94, effective 3/7/94.

Wash. Admin. Code § 434-663-200 Electronic document imaging system.

An electronic document imaging system is a computer-based configuration of equipment and software that stores machine-readable document images and their associated character-coded index data for on-demand retrieval. Electronic images can be computer generated, or created through document scanning.

History

Statutory Authority: Chapter 40.14 RCW. WSR 94-04-102, § 434-663-200, filed 2/1/94, effective 3/7/94.

Wash. Admin. Code § 434-663-210 Document scanning.

A specially designed input workstation is required to convert documents or images to machine-readable form for computer processing and storage. At a minimum, the input workstation includes a document scanner, an image processor unit, a video display unit, keyboard, and access to storage. Using a solid-state array or other photo-sensitive components, the document scanner measures the amount of light associated with successively encountered PELs (Picture ELement) and transmits a corresponding electrical signal that is converted to computer compatible digital codes.

History

Statutory Authority: Chapter 40.14 RCW. WSR 94-04-102, § 434-663-210, filed 2/1/94, effective 3/7/94.

Wash. Admin. Code § 434-663-220 Image.

An image can be a document, picture, or graphic. An image can be produced by scanning paper or film documents, producing images through a computer program, receiving an image by means of a fax, or by other means.

History

Statutory Authority: Chapter 40.14 RCW. WSR 94-04-102, § 434-663-220, filed 2/1/94, effective 3/7/94.

Wash. Admin. Code § 434-663-230 Enhancement.

Any method including adjusting brightness and contrast, or algorithm employed with the objective of producing an accurate and legible copy.

History

Statutory Authority: Chapter 40.14 RCW. WSR 94-04-102, § 434-663-230, filed 2/1/94, effective 3/7/94.

Wash. Admin. Code § 434-663-240 Archival records.

Archival records are records that have permanent and/or historical value and are scheduled as archival. Long-term records are records having a retention period in excess of ten years. Permanent records are those records that are required by specific statute to be retained permanently.

History

Statutory Authority: Chapter 40.14 RCW. WSR 94-04-102, § 434-663-240, filed 2/1/94, effective 3/7/94.

Wash. Admin. Code § 434-663-250 Open system.

Open system is defined to be a system that implements sufficient public specifications for interfaces, services and supporting formats to enable applications software to be ported across a wide range of systems, to interoperate or interchange with other applications on local and remote systems, and to interact with users in a style that facilitates portability. Public specifications are maintained by open, public consensus process to accommodate new technology over time, and which are consistent with international standards.

History

Statutory Authority: Chapter 40.14 RCW. WSR 94-04-102, § 434-663-250, filed 2/1/94, effective 3/7/94.

Wash. Admin. Code § 434-663-260 De facto standard.

A de facto standard is a widely accepted industry standard without official recognition by a standards group.

History

Statutory Authority: Chapter 40.14 RCW. WSR 94-04-102, § 434-663-260, filed 2/1/94, effective 3/7/94.

Wash. Admin. Code § 434-663-270 Record series.

A group of records that are created, used, filed, and disposed of as a unit because they relate to a particular subject or function, result from the same activity, or document a specific kind of transaction.

History

Statutory Authority: RCW 40.14.020(6). WSR 00-20-038, § 434-663-270, filed 9/28/00, effective 10/29/00.

Wash. Admin. Code § 434-663-300 Quality of digital images.

Ensuring the quality of digitized images requires exercising control over the conversion of the original image to digital data, enhancement of the digital image if necessary, compression of the digital data for storage, decompression of digital data for retrieval, displaying the image, and printing the image.

History

Statutory Authority: RCW 40.14.020(6). WSR 00-20-038, § 434-663-300, filed 9/28/00, effective 10/29/00. Statutory Authority: Chapter 40.14 RCW. WSR 94-04-102, § 434-663-300, filed 2/1/94, effective 3/7/94.

Wash. Admin. Code § 434-663-305 Scanning density.

Bitonal images of documents containing type fonts no smaller than six-point shall be scanned at a minimum density of 200 dots per inch (dpi). Bitonal images of documents containing type fonts smaller than six-point, engineering drawings, maps, and similar documents with fine detail or poor contrast, shall be scanned at a minimum density of 300 dots per inch. Until an ANSI or AIIM standard for color images using a lossless nonproprietary compression algorithm is established, it is recommended that color documents be scanned at a minimum density of 150 dots per inch (dpi) and use TIFF, Version 5, specifications. Scanner quality control procedures shall conform to ANSI/AIIM MS44-1988, Recommended Practice for Quality Control of Images Scanners.

History

Statutory Authority: RCW 40.14.020(6). WSR 00-20-038, § 434-663-305, filed 9/28/00, effective 10/29/00.

Wash. Admin. Code § 434-663-325 Compression and decompression of data.

Electronic imaging systems for bitonal images shall use the Consultative Committee on International Telegraphy and Telephony (CCITT) Group 3 or Group 4 compression and decompression techniques without proprietary alterations to the algorithm. For the storage of electronic images of records for which the state or local records committee has approved a retention period of six years or less from the date of creation, a nonproprietary lossless compression algorithm may be used if a utility program or application software option is maintained to convert images to the TIFF Group 3 or Group 4 standard. For the compression and decompression of color images a lossless algorithm, such as TIFF, Group 5, is recommended.

History

Statutory Authority: RCW 40.14.020(6). WSR 00-20-038, § 434-663-325, filed 9/28/00, effective 10/29/00.

Wash. Admin. Code § 434-663-500 Open systems architecture.

Ensuring the usability of digital images to serve the functions for which they were designed involves long-term commitment to an open systems architecture and an approach to component upgrading, data transfer, and migration path that guarantees the portability of current data to be used with future technologies.

History

Statutory Authority: Chapter 40.14 RCW. WSR 94-04-102, § 434-663-500, filed 2/1/94, effective 3/7/94.

Wash. Admin. Code § 434-663-530 System documentation.

Detailed technical documentation is needed to facilitate future system access. Minimum documentation must include:

(1) A hardware systems administrator manual specifying hardware, cabling, and communications configurations;

(2) Software applications documentation, including user manuals and design documentation;

(3) Operational procedures for scanning, indexing and verifying images;

(4) Current security and system change control procedures, including logs of those changes, indicating the date, identity of the person making the changes and the reason for the change; and

(5) Written procedures for periodic back ups, including schedules and the location of secure offsite storage for those back ups.

Agencies will maintain one copy of current documentation on-site and one current copy in designated secure storage.

History

Statutory Authority: RCW 40.14.020(6). WSR 00-20-038, § 434-663-530, filed 9/28/00, effective 10/29/00. Statutory Authority: Chapter 40.14 RCW. WSR 94-04-102, § 434-663-530, filed 2/1/94, effective 3/7/94.

Wash. Admin. Code § 434-663-600 Retention scheduling and disposition of public records.

Conversion to an imaging system does not automatically authorize the destruction of the source documents for which images have been created. Destruction of, or changes to the retention period of, any public records due to conversion to or the use of a new media requires legal approval of the state or local records committee of the state of Washington under chapter 40.14 RCW, chapter 434-635 WAC, and other applicable state laws.

History

Statutory Authority: RCW 40.14.020(6). WSR 00-20-038, § 434-663-600, filed 9/28/00, effective 10/29/00. Statutory Authority: Chapter 40.14 RCW. WSR 94-04-102, § 434-663-600, filed 2/1/94, effective 3/7/94.

Wash. Admin. Code § 434-663-615 Records retention scheduling for records on imaging system.

The required retention scheduling of public records to be created, maintained, accessed, distributed, or preserved by government entities on electronic imaging systems should be done prior to the creation or copying of images of those records. Retention schedules shall be based on the information content and function of the record series. Record series documenting electronic information system operation, and maintenance must also be included on the records retention schedule approved for the agency using the system. Electronic image media rendered obsolete through the verified accurate migration of its images to a more current media for readability may be considered a redundant version and disposed of as directed by chapter 40.14 RCW.

History

Statutory Authority: RCW 40.14.020(6). WSR 00-20-038, § 434-663-615, filed 9/28/00, effective 10/29/00.

Wash. Admin. Code § 434-663-630 Agency acquisition—Department of information services approval.

State agencies intending to utilize an imaging system for the storage or conversion of public records must include such plans in their biennial information technology plan submitted to the department of information services and comply with other requirements of DIS as may apply.

History

Statutory Authority: Chapter 40.14 RCW. WSR 94-04-102, § 434-663-630, filed 2/1/94, effective 3/7/94.

Wash. Admin. Code § 434-663-640 Disposition of records identified by records committee as archival.

Public records that are designated "archival" or "potentially archival" by the state or local records committee may not be destroyed without committee approval, even where images of those records have been produced and stored on an electronic imaging system.

History

Statutory Authority: RCW 40.14.020(6). WSR 00-20-038, § 434-663-640, filed 9/28/00, effective 10/29/00.

Wash. Admin. Code § 434-663-700 Usability of image and index data over time.

Maintaining access to and usability of electronic records requires the ability to process images and indexes both on the computer system on which they were created and on their replacement computer systems without loss of information for the full retention period approved for that record. Ensuring the readability of electronic records over time requires the maintenance of proper environmental conditions, periodic recopying, and strategies to preserve data by migration from one generation of technology to another through a commitment to open architecture.

History

Statutory Authority: RCW 40.14.020(6). WSR 00-20-038, amended and recodified as § 434-663-700, filed 9/28/00, effective 10/29/00. Statutory Authority: Chapter 40.14 RCW. WSR 94-04-102, § 434-663-400, filed 2/1/94, effective 3/7/94.

Wash. Admin. Code § 434-663-705 Recordkeeping capabilities.

Electronic imaging systems must have the following security and retention features or capabilities:

(1) Tracking information at the records series level.

(2) Ability to properly eliminate or dispose of records that exceed their retention periods as established under RCW 40.14.050 through 40.14.070.

(3) Record authentication functions as needed to meet legal, audit, and administrative requirements including automatic, computer-generated maintenance of the date and time of record creation or updating, the identity of the user or system that created or updated the record, and a system-enforced log of disposition actions.

(4) Protection against unauthorized access to records by means of a password hierarchy or other system security.

(5) Indexing capabilities that provide flexibility in associating a record series with multiple subject categories, that facilitate access and retrieval, and that provide links to related records or supporting documentation.

History

Statutory Authority: RCW 40.14.020(6). WSR 00-20-038, § 434-663-705, filed 9/28/00, effective 10/29/00.

Wash. Admin. Code § 434-663-710 Defining indexing requirements.

The selection of indexing methods and terms should be based on an analysis of the retrieval requirements associated with a particular application, and must ensure efficient and accurate retrieval of images and information. The design and content of the index should utilize standard attributes wherever available and take into account the security of the index and the retrieval requirements of both current and future users of the records including agency personnel, researchers, and the public.

History

Statutory Authority: RCW 40.14.020(6). WSR 00-20-038, amended and recodified as § 434-663-710, filed 9/28/00, effective 10/29/00. Statutory Authority: Chapter 40.14 RCW. WSR 94-04-102, § 434-663-410, filed 2/1/94, effective 3/7/94.

Wash. Admin. Code § 434-663-720 Preservation strategy.

For an electronic image system containing public records with a retention period of ten years or longer or records containing archival information, one or more of the following preservation strategies must be employed:

(1) Retain the original paper documents;

(2) Microfilm the original documents;

(3) Migrate optical media and magnetic media at least every ten years or sooner as is necessary to avoid technical obsolescence, loss of readability, and excessive read error rates; or

(4) Record the electronic images on industry standard microfilm at the same density at which they were scanned.

History

Statutory Authority: RCW 40.14.020(6). WSR 00-20-038, amended and recodified as § 434-663-720, filed 9/28/00, effective 10/29/00. Statutory Authority: Chapter 40.14 RCW. WSR 94-04-102, § 434-663-420, filed 2/1/94, effective 3/7/94.

Wash. Admin. Code § 434-663-730 Header information on image files.

An electronic imaging system containing public records with a retention period of ten years or longer or records containing archival information must use a nonproprietary file header format such as Tagged Image File Format (TIFF) or a header that complies with ANSI-AIIM MS53, File Format for Storage and Exchange of Images, or Bi-level File Format: Part 1.

History

Statutory Authority: RCW 40.14.020(6). WSR 00-20-038, § 434-663-730, filed 9/28/00, effective 10/29/00.

Wash. Admin. Code § 434-663-740 Security backup copies.

Security backup copies must be made of electronic imaging system records stored on electronic media. The methods and frequency of backup should be determined by the amount of information that would be lost if data had to be restored using the previous backup. Since backup copies are also subject to media failure, it is recommended that redundant (multiple) backup copies be made and stored at different locations, with one copy stored offsite. In order to ensure accessibility of data, at least one redundant backup copy should be recorded in a nonproprietary format. Security backup copy media must be inspected for quality using de facto or industry standards on a regular schedule and replaced before predicted failure. If the primary backup copy of an operational imaging system is found to deviate from the primary production copy due to suspected corruption or read errors, the discrepancy must be located and both the production and backup copies must be corrected to contain accurate versions of the original images.

History

Statutory Authority: RCW 40.14.020(6). WSR 00-20-038, § 434-663-740, filed 9/28/00, effective 10/29/00.

Wash. Admin. Code § 434-663-750 Ensuring usability.

At a minimum, the system must include an electronic error checking utility that will check the integrity of the data when written to the media.

History

Statutory Authority: RCW 40.14.020(6). WSR 00-20-038, recodified as § 434-663-750, filed 9/28/00, effective 10/29/00. Statutory Authority: Chapter 40.14 RCW. WSR 94-04-102, § 434-663-450, filed 2/1/94, effective 3/7/94.

Wash. Admin. Code § 434-663-760 Environmental standards or best practices for storage of electronic media.

Electronic media should be stored in a dust-free environment under the following environmental conditions:

(1) Temperature ranges meeting standards or best practices recommended for the media stored;

(2) A relative humidity range meeting standards or best practices recommended for the media stored;

(3) Media should be stored in a closed container to protect from dust and fingerprints; and

(4) Magnetic tape should be rewound in accordance with de facto or industry standards, or to best practices.

History

Statutory Authority: RCW 40.14.020(6). WSR 00-20-038, § 434-663-760, filed 9/28/00, effective 10/29/00.

Wash. Admin. Code § 434-663-770 Continued access to data.

If access to data in an existing electronic imaging system cannot be maintained for the specified retention period of the records stored in that system, the images must be migrated, without loss to the images or indexes, at the time of acquisition or implementation of a new system. Access to electronic data which has not been migrated to a new system requires preserving the data, the storage medium in which the data is kept, and whatever hardware, operating system, and applications software is needed to view and use the data.

History

Statutory Authority: RCW 40.14.020(6). WSR 00-20-038, § 434-663-770, filed 9/28/00, effective 10/29/00.

Wash. Admin. Code § 434-663-780 Data conversion costs.

The adoption of new electronic imaging systems may require significant expenditures for conversion of information maintained in existing electronic formats to the formats required by new imaging systems. System planning should include analysis of future information access, maintenance, data conversion, and security costs.

History

Statutory Authority: RCW 40.14.020(6). WSR 00-20-038, § 434-663-780, filed 9/28/00, effective 10/29/00.

Chapter 434-670 The Washington state archives local records grant program.

Wash. Admin. Code § 434-670-010 Washington state archives local records grant program.

The local records grant program, administered in the office of the secretary of state by the Washington state archives, provides financial assistance to local governments to support records management and preservation efforts, to improve records retention compliance, and to provide technology information systems that improve public records disclosure.

Local records grant program funds are provided for one-time investments and are not an ongoing source of revenue for operation or management costs. A grantee may not supplant local funding with local records grant program funding. The local records grant program is governed by this chapter and by RCW 36.22.175 and chapter 40.14 RCW.

History

Statutory Authority: RCW 40.14.020(6), 36.22.175(1), and chapter 40.14 RCW, as amended by 2017 c 303. WSR 18-05-003, § 434-670-010, filed 2/7/18, effective 3/10/18. Statutory Authority: RCW 36.22.175(1). WSR 03-06-069, § 434-670-010, filed 3/3/03, effective 4/3/03.

Wash. Admin. Code § 434-670-020 Eligible and ineligible activities.

(1) The following activities including, but not limited to, are eligible for support through the local records grant program administered pursuant to this chapter:

(a) Records management;

(b) Preservation;

(d) Professional consultants;

(e) Technology hardware and/or equipment;

(f) Software to manage public records and requests;

(g) Reference tools;

(h) Training needs;

(i) Temporary personnel;

(j) Indexing; and

(k) Planning for the activities above.

(2) The following activities, including but not limited to, are ineligible for support through the local records grant program administered pursuant to this chapter:

(a) Projects already completed;

(b) Expenses incurred prior to the grant period;

(d) Equipment nonessential to the project;

(e) Capital improvements to buildings;

(f) Payments to lobbyists;

(g) Hospitality expenses; and

(h) Prizes/awards.

History

Statutory Authority: RCW 40.14.020(6), 36.22.175(1), and chapter 40.14 RCW, as amended by 2017 c 303. WSR 18-05-003, § 434-670-020, filed 2/7/18, effective 3/10/18. Statutory Authority: RCW 36.22.175(1). WSR 03-06-069, § 434-670-020, filed 3/3/03, effective 4/3/03.

Wash. Admin. Code § 434-670-030 Eligibility.

Local government agencies, include every county, city, town, municipal corporation, quasi-municipal corporation, special purpose district, or any office, department, division, bureau, board, commission, or agency thereof, are eligible to apply for local records grant program grants under this chapter.

Preference will be given to smaller local government agencies based upon applicant agency's need and to information technology demonstration projects designed to improve public records retention, records management, and public disclosure. Entities other than local governments, such as individuals, state agencies, federal agencies, and private organizations are ineligible.

History

Statutory Authority: RCW 40.14.020(6), 36.22.175(1), and chapter 40.14 RCW, as amended by 2017 c 303. WSR 18-05-003, § 434-670-030, filed 2/7/18, effective 3/10/18. Statutory Authority: RCW 36.22.175(1). WSR 03-06-069, § 434-670-030, filed 3/3/03, effective 4/3/03.

Wash. Admin. Code § 434-670-040 Evaluation of proposals.

(1) Washington state archives staff will review applications for completeness, conformity to application requirements, soundness of budget, relevancy to the objectives of the local records grant program, and potential for widespread citizen use, research value and value for ongoing governmental operations of the proposed project including improvements to existing operations. The proposal may be returned to the applicant institution for further development or clarification, prior to application deadline.

(2) An analysis will be prepared by the Washington state archives for each complete application and forwarded to the archives oversight committee established by RCW 40.14.027. The committee will review the applications in an open public meeting and make funding recommendations to the secretary of state.

(3) The office of the secretary of state will notify the applicant in writing as to whether the proposal has been funded or rejected.

History

Statutory Authority: RCW 40.14.020(6), 36.22.175(1), and chapter 40.14 RCW, as amended by 2017 c 303. WSR 18-05-003, § 434-670-040, filed 2/7/18, effective 3/10/18. Statutory Authority: RCW 36.22.175(1). WSR 03-06-069, § 434-670-040, filed 3/3/03, effective 4/3/03.

Wash. Admin. Code § 434-670-050 Local records grant program application requirements.

In order to be complete, an application must include:

(1) Identification of the local government entity;

(2) Project personnel;

(3) Description of the project (goals, objectives, and final results);

(4) An analysis of the project plan;

(5) Documentary evidence for the need of the project (photos, testimonies, etc.) if applicable;

(6) A timetable;

(7) A funding description that includes:

(a) A budget layout and explanation;

(b) The need for outside funding; and

(8) Evaluation of results:

(a) How will the project be measured a success or failure; and

(b) How will the project improve records management, retention practices, and the ability to respond to public disclosure requests.

(9) Authorization, including:

(a) Being signed and dated by a proper official;

(b) Identification of the application preparer.

(10) Support material, including:

(a) Brief biography and description of the grant-related duties for grant project personnel, consultants, volunteers, etc.;

(b) Identification of necessary services, equipment, supplies, etc.; and

History

Statutory Authority: RCW 40.14.020(6), 36.22.175(1), and chapter 40.14 RCW, as amended by 2017 c 303. WSR 18-05-003, § 434-670-050, filed 2/7/18, effective 3/10/18. Statutory Authority: RCW 36.22.175(1). WSR 03-06-069, § 434-670-050, filed 3/3/03, effective 4/3/03.

Wash. Admin. Code § 434-670-060 Local records grant calendar.

(1) Local records grant program grants will be awarded annually on the state fiscal year cycle (July – June) and must be completed in the awarded biennium, or fiscal year if awarded for the second half of the biennium.

(2) The local records grant program application and reporting schedule will be approved and published by the archives oversight committee for each grant cycle.

History

Statutory Authority: RCW 40.14.020(6), 36.22.175(1), and chapter 40.14 RCW, as amended by 2017 c 303. WSR 18-05-003, § 434-670-060, filed 2/7/18, effective 3/10/18. Statutory Authority: RCW 36.22.175(1). WSR 03-06-069, § 434-670-060, filed 3/3/03, effective 4/3/03.

Wash. Admin. Code § 434-670-075 Other requirements.

Specific requirements for the Washington state archives local records grant program are:

(1) Archives staff may visit the worksite for review at any time during the project.

(2) Unless otherwise approved, grants will be cost-reimbursement grants.

(3) Proposed changes in the approved grant must be submitted in writing to the Washington state archives, local records grant program.

(4) The archives must be notified of any changes in personnel impacting the approved grant.

(5) In the case of default by the grantee, the local records grant program grant will be revoked and all unused funds may be distributed for use by other grantees. The Washington state archives will notify the grantee of default in writing.

(6) The grantee shall submit a final report and participate in a survey.

History

Statutory Authority: RCW 40.14.020(6), 36.22.175(1), and chapter 40.14 RCW, as amended by 2017 c 303. WSR 18-05-003, amended and recodified as § 434-670-075, filed 2/7/18, effective 3/10/18. Statutory Authority: RCW 36.22.175(1). WSR 03-06-069, § 434-670-080, filed 3/3/03, effective 4/3/03.

Wash. Admin. Code § 434-670-085 Conflicts of interest.

(1) The Washington state archives oversight committee will not consider a proposal where a committee member derives compensation from the proposed local records grant program grant.

(2) A committee member shall abstain from reviewing or voting on proposals if she/he is directly or indirectly connected with a proposed project through employment at the same government agency.

History

Statutory Authority: RCW 40.14.020(6), 36.22.175(1), and chapter 40.14 RCW, as amended by 2017 c 303. WSR 18-05-003, amended and recodified as § 434-670-085, filed 2/7/18, effective 3/10/18. Statutory Authority: RCW 36.22.175(1). WSR 03-06-069, § 434-670-090, filed 3/3/03, effective 4/3/03.

Chapter 434-677 Security microfilm.

Wash. Admin. Code § 434-677-010 Security microfilm.

Security microfilm is generated to protect records identified as essential to the continuity of state and local government, or as otherwise provided by law. Reference: Chapter 40.10 RCW.

History

Statutory Authority: RCW 40.14.020. WSR 92-08-020, § 434-677-010, filed 3/20/92, effective 4/20/92.

Wash. Admin. Code § 434-677-020 Storage of security microfilm.

Security microfilm shall be stored offsite from the original records, working copies of the microfilm, or other media containing the same information or documents. Security microfilm shall be stored in facilities under the public domain. Storage must meet atmospheric, fire, and security criteria established by technical standards for the storage of public records issued by the state archivist. Reference: Chapter 40.14 RCW.

History

Statutory Authority: RCW 40.14.020. WSR 92-08-020, § 434-677-020, filed 3/20/92, effective 4/20/92.

Wash. Admin. Code § 434-677-030 Use of state archives security storage facility.

State agencies shall store security microfilm in facilities provided by the division of archives and records management. Local agencies may store security microfilm with the division of archives or at other sites which meet archival microfilm vault storage standards.

History

Statutory Authority: RCW 40.14.020. WSR 92-08-020, § 434-677-030, filed 3/20/92, effective 4/20/92.

Wash. Admin. Code § 434-677-040 Retention of security microfilm.

Microfilm accepted for security storage will be retained per records retention schedules approved by the state or local records committee established in accord with chapter 40.14 RCW or per agency-approved essential records schedules established in accord with chapter 40.10 RCW. If the film is determined by the division of archives microfilm quality control examiner to be substandard, and the office of record has refused to take corrective or remedial action, the division reserves the right to return the film prior to the expiration of the scheduled retention.

History

Statutory Authority: RCW 40.14.020. WSR 92-08-020, § 434-677-040, filed 3/20/92, effective 4/20/92.

Wash. Admin. Code § 434-677-050 Access to security film.

Access to security microfilm stored by the state archives is restricted to authorized staff of the state archives for purposes of filing, inventory, inspection maintenance and approved duplication; and to authorized staff of the office of record depositing the film, for purposes of inspection.

History

Statutory Authority: RCW 40.14.020. WSR 92-08-020, § 434-677-050, filed 3/20/92, effective 4/20/92.

Wash. Admin. Code § 434-677-060 Use and removal of security microfilm.

Security microfilm is for use only as a master for authorized film duplication. Security microfilm will not be removed from the state archives storage facility except for permanent return to the agency of origin upon a sixty-day notification by the agency or the division of archives. Any relocation of security microfilm must be to facilities meeting security film storage standards.

History

Statutory Authority: RCW 40.14.020. WSR 92-08-020, § 434-677-060, filed 3/20/92, effective 4/20/92.

Wash. Admin. Code § 434-677-070 Inspection and notification.

Security microfilm will be inspected upon receipt for film type, condition, density, and resolution quality. Security microfilm shall be spot checked throughout its storage life for evidence of deterioration. Agencies will be notified of substandard film and advised of recommended remedial actions.

History

Statutory Authority: RCW 40.14.020. WSR 92-08-020, § 434-677-070, filed 3/20/92, effective 4/20/92.

Wash. Admin. Code § 434-677-080 Right to refuse or return security film.

The division reserves the right to refuse or return microfilm sent for security storage under certain conditions including the following:

(1) The film is not the silver halide camera negative or first copy positive.

(2) The film does not meet state quality standards for density and resolution.

(3) The film has microscopic blemishing, mold, or other forms of deterioration or damage, or will not produce a usable work copy.

(4) The film is not packaged, identified, and transmitted in accord with division guidelines.

(5) The records being secured on microfilm do not qualify as essential records per chapter 40.10 RCW, or are not appraised as historically valuable.

History

Statutory Authority: RCW 40.14.020. WSR 92-08-020, § 434-677-080, filed 3/20/92, effective 4/20/92.

Chapter 434-690 Archives—Access to public records.

Wash. Admin. Code § 434-690-010 Purpose.

The purpose of this chapter shall be to ensure compliance by the office of the secretary of state, division of archives and records management with the provisions of chapter 1, Laws of 1973 (Initiative 276), Disclosure—Campaign finances—Lobbying—Records; and in particular with sections 25–32 of that act, dealing with public records.

History

Statutory Authority: RCW 42.17.250. WSR 91-23-024, § 434-690-010, filed 11/12/91, effective 12/13/91.

Wash. Admin. Code § 434-690-020 Description of central and field organization of the division of archives and records management.

Division of archives and records management. The division is an administrative service and regulatory agency. The administrative office of the division and its staff are located at the Archives and Records Center Building, Olympia, Washington.

History

Statutory Authority: RCW 42.17.250. WSR 91-23-024, § 434-690-020, filed 11/12/91, effective 12/13/91.

Wash. Admin. Code § 434-690-030 Operations and procedures.

The division of archives and records management is the primary archival and records management agency of Washington state government. The division is organized as depicted in Appendix A. Through its several sections, operating units, and regional offices it carries on the functions cited in chapter 434-620 WAC.

History

Statutory Authority: RCW 42.17.250. WSR 91-23-024, § 434-690-030, filed 11/12/91, effective 12/13/91.

Wash. Admin. Code § 434-690-040 Public records available.

All public records of the division as defined in WAC 434-15-610 are deemed to be available for public inspection and copying pursuant to these rules, except as otherwise provided by RCW 42.17.310 and WAC 434-690-100.

History

Statutory Authority: RCW 42.17.250. WSR 91-23-024, § 434-690-040, filed 11/12/91, effective 12/13/91.

Wash. Admin. Code § 434-690-050 Public records officer.

(1) The divisional records shall be in the charge of the public records officer designated by the secretary of state. The person so designated shall be located in the administrative office of the secretary of state. The public records officer shall be responsible for the following: The implementation of the division's rules and regulations regarding release of public records, coordinating the staff of the division in this regard, and generally insuring compliance by the staff with the public records disclosure requirements of chapter 42.17 RCW.

(2) The archival records in the custody of the division shall be in the charge of the state archivist. The state archivist shall be located in the state archives and records center building. The state archivist shall be responsible for the following: The implementation of the division's regulations regarding the release of archival records, coordinating the staff of the division in this regard and generally insuring compliance by the staff with the public records disclosure requirements of chapter 42.17 RCW.

(3) The scheduled records in the custody of the division shall be in the charge of the public records officer designated by the agency of record origin. The public records officer of the agency of records origin shall be responsible for implementation of the agency's rules and regulations regarding the release of public records and coordinating with the staff of the state archives in this regard insofar as records of his agency in the custody of the state archivist are concerned.

History

Statutory Authority: RCW 42.17.250. WSR 91-23-024, § 434-690-050, filed 11/12/91, effective 12/13/91.

Wash. Admin. Code § 434-690-060 Office hours.

Divisional records, archives and scheduled records shall be available for inspection and copying during the customary office hours of the division. For the purposes of this chapter, the customary office hours shall be from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays.

History

Statutory Authority: RCW 42.17.250. WSR 91-23-024, § 434-690-060, filed 11/12/91, effective 12/13/91.

Wash. Admin. Code § 434-690-070 Requests for public records—Archives—Scheduled records.

In accordance with requirements of chapter 42.17 RCW that agencies prevent unreasonable invasions of privacy, protect public records from damage or disorganization and prevent excessive interference with essential functions of the agency, public records may be inspected or copied or copies of such records may be obtained, by members of the public, upon compliance with the following procedures:

(1) Divisional records. A request shall be made in writing upon the form prescribed in WAC 434-690-150 which shall be available at the division's administrative office or at the secretary of state's administrative office. The form shall be presented to the secretary of state's public records officer at his/her office, or if he/she is not available, to any member of the division's staff at the administrative office of the division, during customary office hours. The request shall include the following information:

(a) The name of the person requesting the record;

(b) The time of day and calendar date on which the request was made;

(d) If the matter requested is referenced within the current index maintained by the records officer, a reference to the requested record as it is described in such current index;

(e) If the requested matter is not identifiable by reference to the division's current index, an appropriate description of the record requested.

(2) Archives. A request shall be made in writing upon a form prescribed by the division which shall be available at the state archives and records center. The form shall be presented to the state archivist, or to a member of the division's staff, designated by the state archivist, at the state archives building, during customary office hours. The requests shall include specific subject and date and/or state archives record group, sub-group, series and date information to facilitate record retrieval.

(3) Scheduled records. Requests for scheduled records in the custody but not under the jurisdiction of the state archives, must be made through the office of record origin in accord with the rules and regulations regarding the release of public records by that agency as published in the Washington Administrative Code in compliance with chapter 42.17 RCW. An approved request form or letter of authorization from an appropriate agency of records origin must then be presented to the state archivist, or a member of the division's staff, thereby granting access, unless the division has other access authority granted by agency of record. The request or letter of authorization shall include the same or nearly the same identifying information as that supplied for public records of the division.

(4) In all cases in which a member of the public is making a request, it shall be the obligation of the public records officer or staff member to whom the request is made, to assist the member of the public in appropriately identifying the public record requested.

History

Statutory Authority: RCW 42.17.250. WSR 91-23-024, § 434-690-070, filed 11/12/91, effective 12/13/91.

Wash. Admin. Code § 434-690-080 Fees.

(1) No fee shall be charged for the inspection of public records.

(2) No fees shall be charged for records search and retrieval services.

(3) The division may impose a reasonable charge for providing copies of public records, regardless of media, and for the use by any person of division equipment to copy public records. Charges shall not exceed the amount necessary to reimburse the division for its actual costs incident to such copying.

(4) The division may charge a fee for research services prorated on salary benefit and overhead costs with a half-hour minimum.

(5) The division shall charge a fee of five dollars per certificate for issuance of a certificate or certified copies.

History

Statutory Authority: RCW 42.17.250. WSR 91-23-024, § 434-690-080, filed 11/12/91, effective 12/13/91.

Wash. Admin. Code § 434-690-090 Exemptions.

(1) The division reserves the right to determine that a public record or archive record requested in accordance with the procedures outlined in WAC 434-690-070 is exempt under the provisions of RCW 42.17.310.

(2) In addition, pursuant to RCW 42.17.310, the division reserves the right to delete identifying details when it makes available or publishes any public record, in any cases when there is reason to believe that disclosure of such details would be an invasion of personal privacy protected by chapter 42.17 RCW. The public records officer or state archivist will fully justify such deletion in writing.

(3) All denials of requests for public records must be accompanied by a written statement specifying the reason for the denial, including a statement of the specific exemption authorizing the withholding of the record and a brief explanation of how the exemption applies to the record withheld.

History

Statutory Authority: RCW 42.17.250. WSR 91-23-024, § 434-690-090, filed 11/12/91, effective 12/13/91.

Wash. Admin. Code § 434-690-100 Review of denials of public records requests.

(1) Any person who objects to the denial of a request for a public record may petition for prompt review of such decision by tendering a written request for review. The written request shall specifically refer to the written statement by the public records officer or other staff member which constituted or accompanied the denial.

(2) Immediately after receiving a written request for review of a decision denying a public record, the public records officer or other staff member denying the request shall refer it to the secretary of state. The secretary of state shall immediately consider the matter and either affirm or reverse such denial. In any case, the request shall be returned with a final decision, within two business days following the original denial.

(3) Administrative remedies shall not be considered exhausted until the secretary of state has returned the petition with a decision or until the close of the second business day following denial of inspection, whichever occurs first.

History

Statutory Authority: RCW 42.17.250. WSR 91-23-024, § 434-690-100, filed 11/12/91, effective 12/13/91.

Wash. Admin. Code § 434-690-110 Protection of public records.

Records will be made available to the requestor subject to the following restrictions:

(1) The records may not be removed from the area designated.

(2) The quantity of records may be limited in consonance with the requested use.

(3) All possible care will be taken by the requestor to prevent damage to the records.

(4) Records may not be marked or altered in any way.

(5) Use of liquids and fountain pens; also eating, drinking, and smoking while utilizing the records is prohibited.

(6) Records shall not be defaced in any way including writing on, folding or folding anew if in folded form, tracing or fastening with clips or other fasteners except those that may already exist in the file.

(7) Records may not be cut or mutilated in any way.

(8) Records must be kept in the order in which received.

(9) Records will be returned to the state archivist or his designee by the requestor when no longer required and no later than the end of the customary office hours as set forth in WAC 434-690-060.

History

Statutory Authority: RCW 42.17.250. WSR 91-23-024, § 434-690-110, filed 11/12/91, effective 12/13/91.

Wash. Admin. Code § 434-690-120 Records index.

(1) Index. The division has available to all persons a current index which provides identifying information as to the following records issued, adopted, or promulgated since its inception:

"(a) Final opinions, including concurring and dissenting opinions, as well as orders, made in the adjudication of cases;

"(b) Those statements of policy and interpretations of policy, statute and the constitution which have been adopted by the agency;

"(c) Administrative staff manuals and instructions to staff that affect a member of the public;

"(d) Planning policies and goals, and interim and final planning decisions;

"(e) Factual staff reports and studies, factual consultant's reports and studies, scientific reports and studies, and any other factual information derived from tests, studies, reports, or surveys, whether conducted by public employees or others;

"(f) Correspondence, and materials referred to therein, by and with the agency relating to any regulatory, supervisory, or enforcement responsibilities of the agency, whereby the agency determines, or opines upon, or it is asked to determine or opine upon, the rights of the state, the public, a subdivision of state government, or of any private party;

"(g) Public records accessioned into the archive proper of the state of Washington; and

"(h) Scheduled records in the custody of the state archives."

(2) Availability. The current index promulgated by the division shall be available to all persons under the same rules and on the same conditions as are applied to public records available for inspection.

History

Statutory Authority: RCW 42.17.250. WSR 91-23-024, § 434-690-120, filed 11/12/91, effective 12/13/91.

Wash. Admin. Code § 434-690-130 Communication with division—Address.

All communications with the division including but not limited to the submission of materials pertaining to its operations and/or the administration or enforcement of chapter 42.17 RCW and these rules; requests for copies of the division's decisions and other matters, shall be addressed as follows: Office of the Secretary of State, c/o Public Records Officer, Legislative Building, Olympia, Washington 98504-0000.

History

Statutory Authority: RCW 42.17.250. WSR 91-23-024, § 434-690-130, filed 11/12/91, effective 12/13/91.

Wash. Admin. Code § 434-690-140 Adoption of form.

The division hereby adopts for use by all persons requesting inspection and/or copying or copies of its records, the form attached hereto as Appendix B entitled "Request for public record."

History

Statutory Authority: RCW 42.17.250. WSR 91-23-024, § 434-690-140, filed 11/12/91, effective 12/13/91.

Wash. Admin. Code § 434-690-990 Appendix A—Management organization chart of state archivist.

appendix a

| | | --- |

History

Statutory Authority: RCW 42.17.250. WSR 91-23-024, § 434-690-990, filed 11/12/91, effective 12/13/91.

Wash. Admin. Code § 434-690-99001 Appendix B—Form—Request for public records.

appendix b

request for public records

| Name of Requestor: | | | | | --- | --- | --- | --- | | Address: | Phone: | | | | Date of Request: | Time of Request: | | | | Nature of Request: | | | | | 1. Index Reference . . . . | | | | | . . . . | | | | | . . . . | | | | | . . . . | | | | | | Signature . . . . | | | | For Office Use Only: | | | | | (1) | Request Granted □ | Record Withheld □ | Record Withheld In Part □ | | (2) | If withheld, name the exemption contained in RCW 42.17.310 which authorizes the withholding of the record or part of record: Subsection (1) ( ). | | | | (3) | If withheld, briefly explain how the exemption applies to the record withheld. | | | | (4) | If request granted, time . . . . . . , day . . . . . . . | | |

History

Statutory Authority: RCW 42.17.250. WSR 91-23-024, § 434-690-99001, filed 11/12/91, effective 12/13/91.

Chapter 434-750 Combined fund drive.

Wash. Admin. Code § 434-750-020 Intent.

The combined fund drive is the only authorized solicitation of Washington state employees in the workplace. The intent of the combined fund drive is to:

(1) Lessen the burdens of government and of local communities in meeting the needs of human health and welfare;

(2) Provide a convenient channel through which state employees, higher education employees and public agency retirees may contribute to the efforts of the participating organizations and federations providing services in Washington state and around the world; and

(3) Minimize the disruption of the state workplace caused by multiple charitable fund drives.

History

Statutory Authority: RCW 41.04.033. WSR 17-12-089, § 434-750-020, filed 6/6/17, effective 7/7/17
WSR 10-16-017, § 434-750-020, filed 7/22/10, effective 8/22/10.

Wash. Admin. Code § 434-750-030 Exemptions.

The rules in this chapter do not apply to the collection of gifts-in-kind, such as food, clothing and toys.

History

Statutory Authority: RCW 41.04.033. WSR 10-16-017, § 434-750-030, filed 7/22/10, effective 8/22/10.

Wash. Admin. Code § 434-750-040 Definitions.

The following definitions apply to chapter 434-750 WAC:

"Beneficiaries of the CFD" means any nonprofit organization that receives funds disbursed from the CFD.

"CFD" means Washington state combined fund drive.

"CFD campaign" means the period of organized solicitation of state employees, higher education employees and public agency retirees. This solicitation is conducted to obtain voluntary contributions, donations and charitable commitments to be allocated to participating organizations and federations. State agencies and higher education institutions have the flexibility to conduct CFD campaign events at any time during the year.

"Federation" means a public or private not-for-profit umbrella organization made up of five or more individual member organizations approved by the CFD to participate in the CFD campaign.

"Participating employer" means Washington state agencies, higher education institutions, government-related entities and related boards.

"Participating organization" means a public or private not-for-profit organization designated as tax-exempt under the Internal Revenue Code 26 U.S.C. Sec. 501 (c)(3) or Sec. 170 (c)(1) and approved by the CFD to participate in the CFD campaign.

"Volunteer" means a state employee or higher education employee chosen to represent the CFD and run the CFD campaign at their respective agency or higher education institution. Volunteers may be referred to as "volunteer," "campaign leader," or "local coordinator."

History

Statutory Authority: RCW 41.04.033. WSR 17-18-001, § 434-750-040, filed 8/23/17, effective 9/23/17
WSR 17-12-089, § 434-750-040, filed 6/6/17, effective 7/7/17
WSR 10-16-017, § 434-750-040, filed 7/22/10, effective 8/22/10.

Wash. Admin. Code § 434-750-050 Handling and depositing contributions.

Contributions may be accepted in the form of payroll deduction, checks, money orders, credit cards, cash or electronic methods. Contributions from fund-raising efforts will be deposited into the CFD account in the custody of the state treasurer according to state laws. The office of the secretary of state must follow established procedures to process and deposit payroll deductions and individual contributions.

History

Statutory Authority: RCW 41.04.033. WSR 17-12-089, § 434-750-050, filed 6/6/17, effective 7/7/17
WSR 10-16-017, § 434-750-050, filed 7/22/10, effective 8/22/10.

Wash. Admin. Code § 434-750-060 Staff and volunteer positions.

The office of the secretary of state may establish staff positions, and volunteer positions and committees to administer the CFD campaign.

History

Statutory Authority: RCW 41.04.033. WSR 17-12-089, § 434-750-060, filed 6/6/17, effective 7/7/17
WSR 10-16-017, § 434-750-060, filed 7/22/10, effective 8/22/10.

Wash. Admin. Code § 434-750-090 Contracts.

The office of the secretary of state may enter into contracts and partnerships with private institutions, persons, firms or corporations for the benefit of the beneficiaries of the CFD. The office of the secretary of state may authorize CFD staff or volunteers, on a case-by-case basis, to enter into contracts and partnerships with private institutions, persons, firms or corporations for the benefit of the beneficiaries of the CFD. The CFD and its volunteers may also engage in advertising activities for the support of the administrative duties of the CFD. However, CFD activities must not result in the direct commercial solicitation of state employees, higher education employees or public agency retirees or in a benefit or advantage that would violate one or more provisions of chapter 42.52 RCW, the state ethics law.

History

Statutory Authority: RCW 41.04.033. WSR 17-12-089, § 434-750-090, filed 6/6/17, effective 7/7/17
WSR 10-16-017, § 434-750-090, filed 7/22/10, effective 8/22/10.

Wash. Admin. Code § 434-750-100 Campaign leaders and local coordinators.

Agency directors, elected officials and higher education presidents are authorized and encouraged to designate employees to serve as CFD campaign leaders and local coordinators to assist in the conduct of the CFD campaign. CFD campaign leaders and local coordinators remain on the payroll of their employing organization during this assignment.

History

Statutory Authority: RCW 41.04.033. WSR 17-12-089, § 434-750-100, filed 6/6/17, effective 7/7/17
WSR 10-16-017, § 434-750-100, filed 7/22/10, effective 8/22/10.

Wash. Admin. Code § 434-750-110 CFD campaign support.

State agencies and higher education institutions, at their discretion, are authorized to use reasonable state resources to support, promote, communicate information, and conduct the annual combined fund drive campaign within their organization in compliance with state ethics laws and ethics board opinions including, but not limited to, Executive Ethics Board Advisory Opinion 00-09. Reasonable uses are not excessive in volume or frequency as determined by the agency director or institution president.

History

Statutory Authority: RCW 41.04.033. WSR 17-12-089, § 434-750-110, filed 6/6/17, effective 7/7/17
WSR 10-16-017, § 434-750-110, filed 7/22/10, effective 8/22/10.

Wash. Admin. Code § 434-750-120 Local CFD campaigns.

Each participating employer may establish local CFD campaigns within the geographical area it covers. Each participating employer and local county committee may develop promotional and fund-raising events, provide training and recognition to CFD local coordinators, develop marketing plans, supervise CFD campaign leaders and local coordinators, and expend reasonable state resources or CFD funds to conduct the local CFD campaign.

History

Statutory Authority: RCW 41.04.033. WSR 17-12-089, § 434-750-120, filed 6/6/17, effective 7/7/17
WSR 10-16-017, § 434-750-120, filed 7/22/10, effective 8/22/10.

Wash. Admin. Code § 434-750-130 CFD campaign duration.

Each year the director of each participating agency and president of each higher education institution may determine the time period of the agency's or institution's CFD campaign.

History

Statutory Authority: RCW 41.04.033. WSR 17-12-089, § 434-750-130, filed 6/6/17, effective 7/7/17
WSR 10-16-017, § 434-750-130, filed 7/22/10, effective 8/22/10.

Wash. Admin. Code § 434-750-140 Equal opportunity for participating organizations and federations.

All CFD participating organizations and federations must be given an equal opportunity for communication in a participating employer's local CFD campaign.

This section may not be construed to require a participating employer to distribute or arrange for oral or written information other than the official CFD campaign and publicity material.

History

Statutory Authority: RCW 41.04.033. WSR 17-12-089, § 434-750-140, filed 6/6/17, effective 7/7/17
WSR 10-16-017, § 434-750-140, filed 7/22/10, effective 8/22/10.

Wash. Admin. Code § 434-750-150 Campaign events during work hours.

State employees and higher education employees are permitted to conduct CFD events, communications and solicitations per the ethics board ruling. Solicitations of state employees or higher education employees conducted during work hours must use methods that permit true voluntary giving. Solicitations must reserve to the individual the option of disclosing any contribution or maintaining confidentiality to the extent confidentiality is permitted by law. Campaign kick-offs, recognition events, trainings, meetings, awards and other nonsolicitation events to build support for the CFD are encouraged. CFD fund-raising events, such as raffles (as permitted by RCW 9.46.0209 and 42.52.805), drawings, auctions, bake sales, carnivals, athletic events, or other activities not specifically provided for in these rules are permitted when approved, in advance, by the participating employer. At the discretion of each participating employer, state employees or higher education employees may be authorized to attend CFD promotional and fund-raising events on state work time.

History

Statutory Authority: RCW 41.04.033. WSR 17-12-089, § 434-750-150, filed 6/6/17, effective 7/7/17
WSR 10-16-017, § 434-750-150, filed 7/22/10, effective 8/22/10.

Wash. Admin. Code § 434-750-170 Recovery of campaign expenses.

The CFD must recover its reasonable administrative expenses to conduct the CFD campaign either from state appropriations, or from the gross receipts of the CFD campaign through an administrative fee assessed on participating organizations. The secretary of state must approve an annual budget to determine the administrative fee to be charged to the beneficiaries of the CFD.

History

Statutory Authority: RCW 41.04.033. WSR 17-12-089, § 434-750-170, filed 6/6/17, effective 7/7/17
WSR 10-16-017, § 434-750-170, filed 7/22/10, effective 8/22/10.

Wash. Admin. Code § 434-750-180 Deduction of fund-raising expenses.

Fund-raising expenses must not be taken or deducted from donations collected during a fund-raising event. Fund-raising expenses may be paid by the participating employer and upon request and submission of proper documentation, reimbursed by the CFD.

History

Statutory Authority: RCW 41.04.033. WSR 17-12-089, § 434-750-180, filed 6/6/17, effective 7/7/17
WSR 10-16-017, § 434-750-180, filed 7/22/10, effective 8/22/10.

Wash. Admin. Code § 434-750-190 Division of campaign expenses.

The CFD campaign expenses must be shared proportionately by all participating organizations and federations reflecting their individual percentage share of gross CFD campaign receipts.

History

Statutory Authority: RCW 41.04.033. WSR 17-12-089, § 434-750-190, filed 6/6/17, effective 7/7/17
WSR 10-16-017, § 434-750-190, filed 7/22/10, effective 8/22/10.

Wash. Admin. Code § 434-750-200 Eligibility.

Participating organizations or federations must meet three requirements in order to become a participating organization or federation with the CFD:

(1) Must have an approved federal tax-exempt status under the Internal Revenue Code 26 U.S.C. Sec. 501 (c)(3) or Sec. 170 (c)(1);

(2) Must be registered with the Washington state office of the secretary of state charities program. Registrations must be kept in an active status; and

(3) Must submit a CFD membership application.

History

Statutory Authority: RCW 41.04.033. WSR 17-12-089, § 434-750-200, filed 6/6/17, effective 7/7/17
WSR 10-16-017, § 434-750-200, filed 7/22/10, effective 8/22/10.

Wash. Admin. Code § 434-750-210 Organizations not eligible.

If a participating organization or federation is determined not to be eligible by the secretary of state charities program, the CFD must provide written notice to the participating organization or federation of this status and the steps needed to correct noneligibility.

History

Statutory Authority: RCW 41.04.033. WSR 17-12-089, § 434-750-210, filed 6/6/17, effective 7/7/17
WSR 10-16-017, § 434-750-210, filed 7/22/10, effective 8/22/10.

Wash. Admin. Code § 434-750-220 Reestablishment of eligibility.

Requests for reestablishment of eligibility must be submitted by the participating organization or federation to the secretary of state charities program. The affected participating organization or federation must make any required changes by the requirements set forth for eligibility in WAC 434-750-200. The secretary of state charities program will notify the CFD if the participating organization or federation has been deemed eligible.

History

Statutory Authority: RCW 41.04.033. WSR 17-12-089, § 434-750-220, filed 6/6/17, effective 7/7/17
WSR 10-16-017, § 434-750-220, filed 7/22/10, effective 8/22/10.

Wash. Admin. Code § 434-750-230 Decertification or disqualification.

Once approved for participation, any participating organization or federation may be decertified and disqualified from participation in the combined fund drive campaign by the CFD for one or more of the following reasons:

(1) Failing to comply with the rules contained in this chapter;

(2) Filing an application to participate in the combined fund drive campaign which contains false or intentionally misleading information;

(3) Failing to deposit four disbursement payments within a year;

(4) Failing to comply with terms of CFD certification statements;

(5) Entering into receivership, filing for or being placed in bankruptcy, or being in the process of being dissolved; or

(6) Failing to follow the requirements set forth for eligibility in WAC 434-750-200.

History

Statutory Authority: RCW 41.04.033. WSR 17-12-089, § 434-750-230, filed 6/6/17, effective 7/7/17
WSR 10-16-017, § 434-750-230, filed 7/22/10, effective 8/22/10.

Wash. Admin. Code § 434-750-240 Notice of decertification decisions.

The CFD must provide written notice of the decertification decision, including a description of the determination made, by whom it was made, the basis for the determination, and the procedure for requesting reconsideration.

History

Statutory Authority: RCW 41.04.033. WSR 17-12-089, § 434-750-240, filed 6/6/17, effective 7/7/17
WSR 10-16-017, § 434-750-240, filed 7/22/10, effective 8/22/10.

Wash. Admin. Code § 434-750-250 Decertification effective date.

Decertification is effective thirty calendar days following notice of decertification under WAC 434-750-240 unless the participating organization or federation complies with WAC 434-750-270. A decertified participating organization or federation is disqualified from participating in the CFD campaign as of that effective date.

History

Statutory Authority: RCW 41.04.033. WSR 17-12-089, § 434-750-250, filed 6/6/17, effective 7/7/17
WSR 10-16-017, § 434-750-250, filed 7/22/10, effective 8/22/10.

Wash. Admin. Code § 434-750-270 Reconsideration of decertification decisions.

Requests for reconsideration of a decertification decision must be submitted to the combined fund drive. The participating organization or federation must provide proof that material steps have been taken to correct the violation.

History

Statutory Authority: RCW 41.04.033. WSR 17-12-089, § 434-750-270, filed 6/6/17, effective 7/7/17
WSR 10-16-017, § 434-750-270, filed 7/22/10, effective 8/22/10.

Wash. Admin. Code § 434-750-290 Decertified contributions.

The CFD must work directly with its donors to determine where to direct donations originally pledged to a participating organization or federation that has been deemed noneligible or decertified. The CFD must provide the donor with options to disburse the pledged and collected donations to other participating organizations or federations or provide a refund of collected donations for the open quarter. If a donor does not respond to the CFD regarding redirecting donations, the CFD must determine the appropriate disposition of the funds.

History

Statutory Authority: RCW 41.04.033. WSR 18-20-044, § 434-750-290, filed 9/26/18, effective 10/27/18
WSR 17-12-089, § 434-750-290, filed 6/6/17, effective 7/7/17
WSR 10-16-017, § 434-750-290, filed 7/22/10, effective 8/22/10.

Wash. Admin. Code § 434-750-300 Combined fund drive advisory council.

The secretary of state may create a CFD advisory council to provide advice and guidance on matters pertaining to operating the CFD. The council must consist of no more than ten members chosen by the secretary of state to represent a broad variety of charities, higher education institutions, and state agencies.

Members serve at the pleasure of the secretary. Vacancies may be filled by the secretary upon notice of a vacancy from the member. Council members are not compensated for their service, but may be reimbursed for expenses incurred in the conduct of their official duties. Reimbursement is at current state rates for travel and all reimbursement requests must be received within thirty days of incurring the expense.

History

Statutory Authority: RCW 41.04.033. WSR 17-12-089, § 434-750-300, filed 6/6/17, effective 7/7/17
WSR 10-16-017, § 434-750-300, filed 7/22/10, effective 8/22/10.

Wash. Admin. Code § 434-750-310 Special campaigns and disbursements.

The CFD is authorized to conduct special campaigns and disbursements for disaster relief or events with extraordinary circumstances as determined by the secretary of state.

History

Statutory Authority: RCW 41.04.033. WSR 17-12-089, § 434-750-310, filed 6/6/17, effective 7/7/17.

Chapter 434-840 Address confidentiality program.

Wash. Admin. Code § 434-840-001 Authority and purpose.

These rules are adopted pursuant to RCW 40.24.030 and 40.24.090. The purpose of this chapter is to provide the administrative procedures necessary to implement chapter 40.24 RCW; to provide a procedure for state and local agencies to respond to requests for public records without disclosing the location of a program participant; to provide a procedure to facilitate interagency cooperation in providing address confidentiality for a program participant; to establish uniform statewide procedures for maintaining the confidentiality of a program participant's name and address information in marriage and voting records; and to provide a procedure for state and local agencies to accept a program participant's use of a substitute mailing address.

History

Statutory Authority: RCW 40.24.090. WSR 98-19-063, § 434-840-001, filed 9/16/98, effective 10/17/98. Statutory Authority: 1991 c 23. WSR 91-20-074, § 434-840-001, filed 9/26/91, effective 10/27/91.

Wash. Admin. Code § 434-840-005 Definitions.

For the purposes of this chapter:

(1) "Actual residential address" for purposes of the application means the physical location where the participant resides, for which the participant is requesting confidentiality.

(2) "Address confidentiality program (ACP)" means the agency employee designated by the secretary of state with responsibility for developing and administering the program that implements the provisions of chapter 40.24 RCW.

(3) "Agency" means every elected or appointed state or local public office, public officer, or official, department, division, bureau, board, commission, committee, council, authority, agency, institution of higher education, or other unit of the executive, legislative, or judicial branch of the state; or any city, county, city and county, town, special district, school district, local improvement district, or other statutory unit of state or local government or any functional subdivision of that agency, or any other kind of municipal, quasi-municipal, or public corporation.

(4) "Applicant" means an adult person, a parent or guardian acting on behalf of a minor, if the minor resides with the applicant, or a guardian acting on behalf of an incapacitated person as defined in RCW 11.88.010.

(5) "Application assistant" means an employee of a state or local agency, or of a nonprofit program that provides advocacy, counseling, referral, or shelter services to victims of sexual assault, domestic violence, trafficking, or stalking who has been designated by the respective agency, and has been accepted by the secretary of state to assist individuals with threat assessment, safety planning, and the completion and submission of the ACP application.

(6) "Authorization card" means the official card issued by the secretary of state to a participant, which must state the participant's name, date of birth, substitute address, certification expiration date, and signature line for the program participant.

(7) "Authorized personnel" means an employee of a county auditor's office, a county recording office, the Washington state department of health, or the office of the secretary of state who has been designated by the chief executive officer of the respective agency, to process and have access to voter application, voting records, marriage applications and records pertaining to program participants.

(8) "Bona fide statutory or administrative requirement" means that without possession of an individual's actual residential address the agency is incapable of fulfilling its statutory duties and obligations.

(9) "Certification" means that the secretary of state has determined that the application has been properly completed and meets the requirements for entering into or continuing in the program.

(10) "Change of identity" means that the program participant has changed the participant's name and Social Security number in an attempt to sever all connections to a previous name.

(11) "Criminal justice participant" means a criminal justice employee as defined in RCW 9A.46.020 who is a target for threats or harassment prohibited under RCW 9A.46.020 (2)(b)(iii) or (iv), and any family members residing with them.

(12) "Domestic violence" means an act as defined in RCW 10.99.020, including a threat of such acts, committed against an individual in a domestic situation, regardless of whether these acts of threats have been reported to law enforcement officers.

(13) "Mail" means first class letters and flats delivered via the United States Postal Service, including priority, express, certified, and registered mail, and excluding packages, parcels, periodicals, and catalogues, unless they are clearly identifiable as pharmaceuticals or clearly indicate they are sent by a government agency.

(14) "Mailing address" means the residential street address to which the secretary of state will forward a participant's mail or the alternative mailing address provided by the participant.

(15) "Minor child" means an individual who has not attained the age of 18, residing with or under the guardianship of an adult applicant or program participant.

(16) "Participant mail box (PMB)" means the specific identifier assigned by the secretary of state to a program participant for use in sorting mail and confirming program participation in accordance with subsection (10) of this section.

(17) "Program participant" means an individual accepted as certified for the program under RCW 40.24.030.

(18) "Protected records marriage" means a program participant who has applied for and qualified for protected marriage records, as provided under WAC 434-840-200 and 434-840-310.

(19) "Protected records voter" means a program participant who has applied and qualified for confidential voter registration, as provided under RCW 40.24.060, WAC 434-840-100, and 434-840-310.

(20) "Public record" means any paper, correspondence, completed form, bound record book, photograph, film, sound recording, map drawing, machine-readable material, compact disc meeting current industry ISO specifications, or other document, regardless of physical form or characteristics, and including such copies thereof, that have been made by or received by any state or local governmental agency of the state of Washington in connection with the transaction of public business, and legislative records as described in RCW 40.14.100.

(21) "Sexual assault" means an act as defined in RCW 70.125.030 and includes an attempt to commit such acts against an individual, regardless of whether these acts, attempts, or threats have been reported to law enforcement officers.

(22) "Stalking" means an act as defined in RCW 9A.46.110 and includes threats of such acts committed against an individual, regardless of whether these acts or threats have been reported to law enforcement officers.

(23) "Substitute address" means an address designated by the secretary, including the identification number that is used by a participant to receive mail, instead of providing their actual residence address.

(24) "Trafficking" means an act as defined in RCW 9A.40.100 or an act recognized as a severe form of trafficking under 22 U.S.C. Sec. 7102(8) as it existed on June 12, 2008, or such subsequent date as may be provided by the secretary of state by rule, consistent with the purposes of this subsection, regardless of whether the act has been reported to law enforcement.

History

Statutory Authority: RCW 40.24.030, 40.24.090 and chapter 40.24 RCW. WSR 22-04-086, § 434-840-005, filed 1/31/22, effective 3/3/22. Statutory Authority: RCW 40.24.090 and 40.24.030. WSR 19-12-002, § 434-840-005, filed 5/22/19, effective 6/22/19. Statutory Authority: RCW 29A.04.611. WSR 14-06-040, § 434-840-005, filed 2/26/14, effective 3/29/14. Statutory Authority: RCW 40.24.090. WSR 08-23-094, § 434-840-005, filed 11/19/08, effective 12/20/08
WSR 05-13-059, § 434-840-005, filed 6/9/05, effective 7/10/05. Statutory Authority: RCW 29A.04.610. WSR 04-15-089, § 434-840-005, filed 7/16/04, effective 8/16/04. Statutory Authority: RCW 40.24.090. WSR 98-19-063, § 434-840-005, filed 9/16/98, effective 10/17/98. Statutory Authority: 1991 c 23. WSR 91-20-074, § 434-840-005, filed 9/26/91, effective 10/27/91.

Wash. Admin. Code § 434-840-010 Application process.

(1) The secretary of state shall certify an applicant as a program participant when the secretary of state receives an application that contains:

(a) The full legal name and date of birth of the applicant(s);

(b) A listing of all minor children residing at the residential address, each minor child's full legal name, and each minor child's date of birth, and each minor child's relationship to the applicant;

(c) A listing of all adults residing at the residential address requesting participation, each adult's full legal name, date of birth, and relationship to the applicant;

(d) The applicant's actual Washington state residential address;

(e) The telephone number of the applicant(s);

(f) The address to which mail should be sent, this may be the same as the residential address;

(g) A sworn statement, under penalty of perjury, by the applicant, that the applicant has good reason to believe either:

(i) That the applicant, or the minor or incapacitated person on whose behalf the application is made, is a victim of domestic violence, sexual assault, trafficking, or stalking, and that the applicant fears for their safety or the safety of their children, or the safety of any minor children or incapacitated person on whose behalf the application is made; or

(ii) That the applicant, as a criminal justice participant as defined in RCW 9A.46.020, is a target for threats or harassment prohibited under RCW 9A.46.020.

(h) The state of Washington personnel number, if the applicant or any of the persons covered by the application is a Washington state employee;

(i) The applicant's signature;

(j) The date on which the applicant signed the application;

(k) The signature, printed name, and phone number of the application assistant designated by the secretary of state under RCW 40.24.080 who assisted in preparation of the application;

(l) A designation of the secretary of state to act as legal agent for purposes of service of process and for the purpose of receipt of mail.

(2) The completed application and any additional materials shall be submitted to the secretary of state; and

(3) If the completed application does not meet the requirements of this part, the secretary of state will contact the applicant to obtain missing information. The applicant shall be certified only if the missing information is provided.

History

Statutory Authority: RCW 40.24.030, 40.24.090 and chapter 40.24 RCW. WSR 22-04-086, § 434-840-010, filed 1/31/22, effective 3/3/22. Statutory Authority: RCW 40.24.090 and 40.24.030. WSR 19-12-002, § 434-840-010, filed 5/22/19, effective 6/22/19. Statutory Authority: RCW 40.24.090. WSR 08-23-094, § 434-840-010, filed 11/19/08, effective 12/20/08
WSR 98-19-063, § 434-840-010, filed 9/16/98, effective 10/17/98. Statutory Authority: 1991 c 23. WSR 91-20-074, § 434-840-010, filed 9/26/91, effective 10/27/91.

Wash. Admin. Code § 434-840-015 Certification of participants.

(1) The secretary of state shall certify an applicant, minor children, and adults residing at the residential address for whom a properly completed application or renewal is filed as a program participant.

(2) Upon certification of the applicant, the secretary of state will issue, and mail, an address confidentiality program participant authorization card to the applicant's mailing address with instructions on how to use the address confidentiality program card. For participants under age 18, the card must be signed by the adult responsible for the participant. The authorization card will include the program participant's name, authorization code, substitute mailing address, certification expiration date, and a signature line for the applicant.

(3) A properly completed application will be effective within two business days of receipt by the address confidentiality program.

(4) The term of a program participant's certification shall be four years following the effective date of her or his application unless the certification is withdrawn or invalidated before that date.

(5) At the time of certification, the secretary of state will send a voter registration application to the applicant accompanied by information related to participating in voting as a protected records voter.

(6) Secretary of state staff members must first verify the identity of an application assistant, program applicant, or program participant prior to any discussion of any data related to any applicant or participant or their certification.

History

Statutory Authority: RCW 40.24.030, 40.24.090 and chapter 40.24 RCW. WSR 22-04-086, § 434-840-015, filed 1/31/22, effective 3/3/22. Statutory Authority: RCW 40.24.090 and 40.24.030. WSR 19-12-002, § 434-840-015, filed 5/22/19, effective 6/22/19.

Wash. Admin. Code § 434-840-017 Substitute address.

(1) Program participants may use the substitute address provided by the secretary of state when interacting with any state or local agency on all forms or applications that require an address.

(2) Every state or local government agency, or office, shall accept the substitute address issued by the secretary of state as the only address for all program participants when the participant provides the address and authorization card and authorization number unless the agency has an exemption pursuant to RCW 40.24.050 and WAC 434-840-070. Program participants are not required to respond to any question regarding the details or circumstances of the person's inclusion in the program. The public agency may contact the secretary of state to verify program participation and for additional program information.

(3) The agency official creating a new record may make a file photocopy of the authorization card and will immediately return the authorization card to the program participant.

(4) The agency official may call the program to verify an individual's participation status in the program and to confirm the participant's authorization number (PMB).

(5) The secretary of state is the agent for receipt of all mail sent to program participants at the substitute address.

(6) All first class mail specifically addressed to the program participant at the substitute address will be forwarded at least every second business day to each participant's mailing address, using "return service requested" designation on the envelope. The secretary of state is not required to forward mail that is not specifically addressed to the participant.

(7) The secretary of state may hold a participant's mail for up to five business days upon verbal request of the participant. The hold may be up to three weeks if the participant's request is written and signed and provides a contact telephone number for the hold period. The secretary of state must compare the signature on the hold request with that on file for the participant prior to holding the mail. In the absence of a specific hold date from the participant, the hold date is the date of receipt by the secretary of state.

History

Statutory Authority: RCW 40.24.030, 40.24.090 and chapter 40.24 RCW. WSR 22-04-086, § 434-840-017, filed 1/31/22, effective 3/3/22. Statutory Authority: RCW 40.24.090 and 40.24.030. WSR 19-12-002, § 434-840-017, filed 5/22/19, effective 6/22/19.

Wash. Admin. Code § 434-840-020 Exercise of program participant's privileges.

(1) At the time any state or local government agency creates a new record or updates an existing record, a program participant may request that the agency use the substitute mailing address as the participant's residence, work and/or school address.

(2) Program participants are solely responsible for requesting the use of a substitute address.

(3) A program participant shall show their authorization card to the agency official creating a new record and request address confidentiality through the use of the substitute mailing address as it appears on the authorization card, in lieu of their actual location.

History

Statutory Authority: RCW 40.24.030, 40.24.090 and chapter 40.24 RCW. WSR 22-04-086, § 434-840-020, filed 1/31/22, effective 3/3/22. Statutory Authority: RCW 40.24.090 and 40.24.030. WSR 19-12-002, § 434-840-020, filed 5/22/19, effective 6/22/19. Statutory Authority: RCW 40.24.090. WSR 05-13-059, § 434-840-020, filed 6/9/05, effective 7/10/05
WSR 98-19-063, § 434-840-020, filed 9/16/98, effective 10/17/98. Statutory Authority: 1991 c 23. WSR 91-20-074, § 434-840-020, filed 9/26/91, effective 10/27/91.

Wash. Admin. Code § 434-840-025 Attaining age of majority.

When the secretary of state becomes aware that a minor child has reached the age of 18, the secretary of state will inform the minor child participant of options related to continued participation in the address confidentiality program. These options include leaving the program, applying for continuation in the program, and reapplying on their own behalf.

(1) In anticipation of the minor child participant's 18th birthday, the secretary of state will send an application packet via first class mail to the participant's substitute address. The packet will include instructions on actions to be taken by age 18. The packet will include notice that if the participant does not respond within 30 days they will be removed from the program, and mail forwarding will stop. If 30 days passes without contact from the participant, the secretary of state will mail a final notice that the participant's certification will be canceled if the participant fails to submit the certification of continuance within 10 days.

(2) The packet will include the application form and information about voter registration, including information about how to register to vote as a protected records voter.

(3) The secretary of state shall renew the certification of a participant upon receipt of a properly completed application form.

(4) A participant who reaches age 18 and changes residence may reapply through an application assistant, or withdraw.

(5) Program participants that have reached age 18 who have withdrawn, or allowed certification to expire, may reapply on their own behalf by contacting an application assistant.

History

Statutory Authority: RCW 40.24.030, 40.24.090 and chapter 40.24 RCW. WSR 22-04-086, § 434-840-025, filed 1/31/22, effective 3/3/22. Statutory Authority: RCW 40.24.090 and 40.24.030. WSR 19-12-002, § 434-840-025, filed 5/22/19, effective 6/22/19.

Wash. Admin. Code § 434-840-027 Updating participant information.

(1) Participants and applicants shall send signed, written notification of any change in mailing or actual address, telephone number, legal name, or permanent contact data to the secretary of state.

(2) In order to add minor children to the residence of a program participant, the participant must send a signed written notification to the secretary of state. The notification must clearly state the relationship to the participant, the child's date of birth, and that the participant is responsible for the minor children. The secretary of state must certify the minor children as participants and issue program authorization cards to each minor child.

(3) If a participant changes their legal name, they must send a signed written notification to the secretary of state accompanied by a copy of the court order or other formal document indicating the legal name change. At the same time the participant must return their authorization card or a signed statement documenting the loss of the authorization card. The secretary of state shall verify the change, by signature comparison, and send a new authorization card with the participant's new legal name within two business days of receiving the notice.

(4) Prior to making any change in participant information, the secretary of state must compare the signature on the original application, or other documents on file, and conclude that the signatures are the same.

(5) On or before the effective date of a change in identity, a program participant must withdraw from the program. The participant may apply for recertification in the address confidentiality program under their new identity.

History

Statutory Authority: RCW 40.24.090 and 40.24.030. WSR 19-12-002, § 434-840-027, filed 5/22/19, effective 6/22/19.

Wash. Admin. Code § 434-840-030 Certification renewal.

(1) At least 30 days prior to the expiration of a certification, the secretary of state will inform a program participant, of the option of renewing certification in the program by sending a renewal form to the participant's mailing address. The notice will provide instructions on actions the participant must take upon expiration of certification, if the participant chooses to leave the program. These include notifying senders of the former participant's actual address and notifying that the substitute address is no longer valid for the former participant. Ten days prior to expiration of certification, the secretary of state will mail a second notice to the participant unless the participant has responded with a renewal or communication indicating intent to withdraw from the program.

(2) Information about voter registration should be provided to the participant as part of the notification process.

(3) A program participant may renew her or his program certification by filing with the address confidentiality program by first class mail, a properly completed renewal application.

(4) If the completed renewal does not meet the requirements of this part, the secretary of state will contact the participant to obtain the missing information.

(5) For a program participant who has properly filed a completed renewal application, the address confidentiality program shall: (a) Certify a program participant to participate in the program for an additional four year term unless the certification is withdrawn or invalidated before that date; (b) issue to the program participant a new authorization card which includes the participant's name, authorization code, substitute mailing address, certification expiration date, and signature line.

(6) A properly completed renewal application, postmarked on or before the expiration date, is effective on the day it is reviewed and certified by the secretary of state.

History

Statutory Authority: RCW 40.24.030, 40.24.090 and chapter 40.24 RCW. WSR 22-04-086, § 434-840-030, filed 1/31/22, effective 3/3/22. Statutory Authority: RCW 40.24.090 and 40.24.030. WSR 19-12-002, § 434-840-030, filed 5/22/19, effective 6/22/19. Statutory Authority: RCW 40.24.090. WSR 05-13-059, § 434-840-030, filed 6/9/05, effective 7/10/05
WSR 98-19-063, § 434-840-030, filed 9/16/98, effective 10/17/98. Statutory Authority: 1991 c 23. WSR 91-20-074, § 434-840-030, filed 9/26/91, effective 10/27/91.

Wash. Admin. Code § 434-840-035 Certification cancellation.

(1) The address confidentiality program shall terminate a participant's certification and invalidate that participant's authorization card if:

(a) The participant's certification term has expired and renewal of certification is not completed;

(b) The address confidentiality program has determined that false information was used in the application process; or

(2) The address confidentiality program may terminate a participant's certification and invalidate that participant's authorization card if:

(a) The participant no longer resides at the residential address on file, and has not provided at least two days prior notice in writing of a change of address;

(b) Any first class or certified mailing, or service of process document forwarded by the program is returned as nondeliverable, refused, or unclaimed; or

(3) The address confidentiality program will send written notification of the pending termination to the participant's last known mailing or residential address. The participant shall have 10 business days in which to appeal the termination under procedures developed by the secretary of state.

(4) After the secretary of state has provided notice as required in subsection (3) of this section the participant's certification is considered to be in pending status. While in this status, the secretary of state will hold the participant's mail without forwarding to the participant. Pending status ends after 10 business days, or upon the participant's compliance with this section, whichever occurs first. This does not prevent the secretary of state from forwarding correspondence marked "service of process."

(5) If the participant's pending cancellation status expires, the secretary of state will cancel the certification of the program participant.

(6) The address confidentiality program will notify authorized election officials and authorized Washington state department of health personnel if the participant is registered to vote or has a protected records marriage license when a participant's authorization has been terminated from the program. The authorized elections department personnel will transmit to the address confidentiality program all appropriate administrative records pertaining to the participant.

(7) If the certification of a participant is canceled, mail addressed to the program participant will be returned to sender.

History

Statutory Authority: RCW 40.24.030, 40.24.090 and chapter 40.24 RCW. WSR 22-04-086, § 434-840-035, filed 1/31/22, effective 3/3/22. Statutory Authority: RCW 40.24.090 and 40.24.030. WSR 19-12-002, § 434-840-035, filed 5/22/19, effective 6/22/19.

Wash. Admin. Code § 434-840-040 Certification withdrawal, invalidation, expiration, and termination.

(1) A program participant or applicant may withdraw from program participation by submitting to the address confidentiality program: Written notification of withdrawal and the names of any minor children who are being withdrawn and their current authorization card(s).

(2) The program participant or applicant may include an effective date on which the participant or applicant would like the withdrawal to be effective. In absence of a specific date, certification shall be terminated on the date of receipt of this notification. If the program participant requests cancellation but does not return their current authorization card and/or does not submit written notification of the request, the secretary of state may, at his/her discretion, cancel program participation based solely on the verbal request.

(3) It is the responsibility of the program participant to notify all persons of a new mailing address at which the participant can be contacted.

(4) The program participant may request continued mail forwarding up to thirty days immediately following the date on which withdrawal is effective and may provide an address on record. The secretary of state may only forward mail to addresses within the United States.

(5) Mail received at the designated address for the participant other than mail designated as "Do Not Forward," "Return Service Requested," "Service of Process" or similarly designated, must be forwarded to the program participant for thirty days after the effective date of withdrawal unless the participant or applicant has designated a shorter period. After thirty days mail must be returned to sender.

(6) A program participant whose certification is withdrawn may reapply or have an application assistant reapply on the program participant's behalf.

History

Statutory Authority: RCW 40.24.090 and 40.24.030. WSR 19-12-002, § 434-840-040, filed 5/22/19, effective 6/22/19. Statutory Authority: RCW 40.24.090. WSR 05-13-059, § 434-840-040, filed 6/9/05, effective 7/10/05
WSR 98-19-063, § 434-840-040, filed 9/16/98, effective 10/17/98. Statutory Authority: 1991 c 23. WSR 91-20-074, § 434-840-040, filed 9/26/91, effective 10/27/91.

Wash. Admin. Code § 434-840-060 Information release to law enforcement agency.

A request from a law enforcement agency for release of records in a program participant's file containing no indication the participant has reason to believe he or she is a victim of domestic violence, sexual assault, trafficking, or stalking perpetrated by an employee of a law enforcement agency, shall be in writing, on agency letterhead stationery, and shall contain the signature of the agency's chief law enforcement officer or his or her designee as defined in RCW 10.98.040, the request date, and the name of the program participant.

A request from a law enforcement agency for release of records in a program participant's file in which the participant's application affirmatively indicates that the applicant has reason to believe he or she is a victim of domestic violence, sexual assault, trafficking, or stalking perpetrated by an employee of a law enforcement agency, must be accompanied by a court order for release of records in the program participant's file.

History

Statutory Authority: RCW 40.24.090. WSR 08-23-094, § 434-840-060, filed 11/19/08, effective 12/20/08
WSR 98-19-063, § 434-840-060, filed 9/16/98, effective 10/17/98. Statutory Authority: 1991 c 23. WSR 91-20-074, § 434-840-060, filed 9/26/91, effective 10/27/91.

Wash. Admin. Code § 434-840-063 Issuance of a court order for address confidentiality program participant information.

A court order for address confidentiality program participant information may only be issued upon a probable cause finding by a judicial officer that release of address confidentiality program participant information is legally necessary:

(1) In the course of a criminal investigation or prosecution; or

(2) To prevent immediate risk to a minor and meet the statutory requirements of the Washington child welfare system. Any court order so issued will prohibit the release of the information to any other agency or person not a party to the order.

History

Statutory Authority: RCW 40.24.090. WSR 08-23-094, § 434-840-063, filed 11/19/08, effective 12/20/08.

Wash. Admin. Code § 434-840-070 Agency exemption request.

(1) An agency requesting an exemption under RCW 40.24.050, must provide in writing to the secretary of state:

(a) Identification of the statute or administrative rule which demonstrates the agency's bona fide requirement and authority for the use of the actual address of an individual;

(b) Identification and description of the specific record or record series for which the exemption is requested;

(d) Explanation of how the agency's acceptance of a substitute address will prevent the agency from meeting its obligations under the statute or rule identified above; and

(e)(i) Explanation of why the agency cannot meet its statutory or administrative obligations by a change in its internal procedures; and, where appropriate;

(ii) Description of any agency procedural change(s) that could be made that would allow it to accept the substitute address and meet its statutory or administrative obligations and an estimate of implementation time needed.

(2) The secretary of state shall file and review an agency's request for an exemption.

(3) During the review, evaluation and appeal of an agency's exemption request, the agency shall accept the use of a program participant's substitute address.

(4) The secretary of state's determination to grant or withhold a requested exemption shall be based on, but not limited to, an evaluation of the information provided under subsection (1) of this section in conformance with the statutory standard of a bona fide statutory or administrative requirement for the use of a program participant's actual address.

(5) If the secretary of state determines that an agency has a bona fide statutory or administrative requirement for the use of a program participant's actual address information and that the actual address information will be used only for those statutory and administrative purposes, the secretary may issue a written exemption for the agency. When granting an exemption, the secretary may include:

(a) An agency's obligation to maintain the confidentiality of a program participant's address information;

(b) Limitations on use and access to that address information;

(d) Designation of the record format on which the address information may be maintained;

(e) Designation of an address information disposition date after which the agency may no longer maintain a record of the address information; and

(f) Any other provisions and qualifications determined appropriate by the secretary of state.

(6) When a program participant requests use of the substitute address in a record, and the agency has received an exemption for that record, the agency shall immediately provide a copy of the written exemption to the requesting program participant. The agency shall notify the address confidentiality program of the occurrence and denial of the program participant's request.

(7) The secretary of state's denial of an agency exemption request shall be made in writing and include a statement of the specific reasons therefore.

(8) An agency may appeal the denial of its request by resubmitting its written request together with additional data, information, and an explanation of corrective action taken to alleviate concerns and considerations included in the secretary of state's denial determination.

History

Statutory Authority: RCW 40.24.030, 40.24.090 and chapter 40.24 RCW. WSR 22-04-086, § 434-840-070, filed 1/31/22, effective 3/3/22. Statutory Authority: RCW 40.24.090. WSR 05-13-059, § 434-840-070, filed 6/9/05, effective 7/10/05
WSR 98-19-063, § 434-840-070, filed 9/16/98, effective 10/17/98. Statutory Authority: 1991 c 23. WSR 91-20-074, § 434-840-070, filed 9/26/91, effective 10/27/91.

Wash. Admin. Code § 434-840-080 Service of process.

(1) The secretary of state shall be an agent of the program participant upon whom any summons, writ, notice, demand, or process may be served.

(2) Service on the secretary of state of any such summons, writ, demand, notice, or process shall be made by mailing to the substitute address or by delivering to the secretary of state at his/her office in Olympia, WA: (a) Two copies of the summons, writ, notice, demand, or process; and (b) twenty-five dollars service-of-process fee for each action or document filed.

(3) If a summons, writ, notice, demand, or process is served on the secretary of state, the secretary of state shall immediately forward a copy to the program participant at the participant's current mailing address shown on the records.

(4) The secretary of state shall maintain in the program participant's file, a record of all summonses, writs, notices, demands, and processes served upon the secretary of state for that participant under RCW 40.24.030, which shall include the date of such service and the secretary of state's action.

History

Statutory Authority: RCW 40.24.090. WSR 09-18-018, § 434-840-080, filed 8/21/09, effective 9/21/09
WSR 05-13-059, § 434-840-080, filed 6/9/05, effective 7/10/05
WSR 98-19-063, § 434-840-080, filed 9/16/98, effective 10/17/98. Statutory Authority: 1991 c 23. WSR 91-20-074, § 434-840-080, filed 9/26/91, effective 10/27/91.

Wash. Admin. Code § 434-840-100 Acknowledgment for marriage and voting record confidentiality.

(1) When a program participant requests confidentiality for marriage records, both the program participant and her or his intended spouse shall sign and date a statement provided by the secretary of state, that describes access limitations on confidential marriage records.

(2) When a program participant requests confidentiality for voting records, she or he shall sign a statement provided by the secretary of state that documents the date of this request.

(3) The authorized personnel shall receive the original copy of this signed acknowledgment, the address confidentiality program shall have one copy and the program participant shall have one copy.

History

Statutory Authority: RCW 29A.04.611. WSR 14-06-040, § 434-840-100, filed 2/26/14, effective 3/29/14. Statutory Authority: RCW 40.24.090. WSR 08-23-094, § 434-840-100, filed 11/19/08, effective 12/20/08
WSR 98-19-063, § 434-840-100, filed 9/16/98, effective 10/17/98. Statutory Authority: 1991 c 23. WSR 91-20-074, § 434-840-100, filed 9/26/91, effective 10/27/91.

Wash. Admin. Code § 434-840-200 Notification for marriage record confidentiality.

A program participant shall notify the appropriate county auditor or county recording officer of her or his request for confidentiality in marriage records by appearing in person with her or his intended spouse before the county auditor or county recording officer.

History

Statutory Authority: RCW 40.24.090. WSR 98-19-063, § 434-840-200, filed 9/16/98, effective 10/17/98. Statutory Authority: 1991 c 23. WSR 91-20-074, § 434-840-200, filed 9/26/91, effective 10/27/91.

Wash. Admin. Code § 434-840-210 Marriage application.

(1) Authorized personnel shall verify that the application for a marriage license and certificate of marriage form are completed in full. The certificate of marriage shall contain the program participant's authorization code and expiration date.

(2) Authorized personnel shall provide the program participant with a "confidential records" envelope in which the program participant shall transmit all completed marriage documents to the county auditor or county recording officer.

History

Statutory Authority: RCW 40.24.090. WSR 98-19-063, § 434-840-210, filed 9/16/98, effective 10/17/98. Statutory Authority: 1991 c 23. WSR 91-20-074, § 434-840-210, filed 9/26/91, effective 10/27/91.

Wash. Admin. Code § 434-840-220 Marriage record filing.

Any notation of a confidential marriage license application, certificate, or record, by authorized personnel shall be made in a manner that preserves the confidentiality of the information contained in that document.

History

Statutory Authority: RCW 40.24.090. WSR 98-19-063, § 434-840-220, filed 9/16/98, effective 10/17/98. Statutory Authority: 1991 c 23. WSR 91-20-074, § 434-840-220, filed 9/26/91, effective 10/27/91.

Wash. Admin. Code § 434-840-230 Marriage record transmission to department of health.

The county authorized personnel shall transmit a completed marriage certificate containing the name and address of a program participant to the department of health in an envelope distinctly marked "confidential records."

History

Statutory Authority: RCW 40.24.090. WSR 08-23-094, § 434-840-230, filed 11/19/08, effective 12/20/08
WSR 98-19-063, § 434-840-230, filed 9/16/98, effective 10/17/98. Statutory Authority: 1991 c 23. WSR 91-20-074, § 434-840-230, filed 9/26/91, effective 10/27/91.

Wash. Admin. Code § 434-840-240 Certified copy of marriage certificates.

(1) Upon the request of a program participant, accompanied by the appropriate fee, the address confidentiality program may request in writing a certified copy of a program participant's marriage certificate from the agency maintaining that record and release it to the program participant. A certified copy of a marriage certificate containing the name of the program participant is only available through the address confidentiality program.

(2) Upon cancellation from the program, the former program participant must work directly with the department of health personnel to request a copy of their marriage certificate.

History

Statutory Authority: RCW 40.24.030, 40.24.090 and chapter 40.24 RCW. WSR 22-04-086, § 434-840-240, filed 1/31/22, effective 3/3/22. Statutory Authority: RCW 40.24.090. WSR 98-19-063, § 434-840-240, filed 9/16/98, effective 10/17/98. Statutory Authority: 1991 c 23. WSR 91-20-074, § 434-840-240, filed 9/26/91, effective 10/27/91.

Wash. Admin. Code § 434-840-310 Protected records voter status.

An address confidentiality program participant who is eligible to vote may register to vote as a protected records voter.

(1) A program participant may apply for protected records voter status by appearing in person before the appropriate county authorized personnel or requesting a protected records voter registration application from the address confidentiality program. In order to register as a protected records voter, the applicant must be an address confidentiality program participant, provide their participant authorization number, and provide all of the information required for voter registration under RCW 29A.08.010 and 29A.08.107.

(2) The program participant shall disclose the actual address of her or his residence on the protected records voter application only for the purpose of determining the proper precinct, and taxing districts.

(3) Upon receipt of a protected records voter application, the county election official must confirm with program staff that the applicant is a program participant and confirm that the information required by RCW 29A.08.010 and 29A.08.107 is included on the form.

(a) If the voter registration applicant is not a program participant, the voter registration application may be processed in the same manner as all voter registration applications.

(b) If the information required by RCW 29A.08.010 and 29A.08.107 is not included, the county election office must seek the missing information, using the address confidentiality program substitute mailing address for communication to the protected records voter applicant.

(4) Upon receipt of a properly filled out form, the county election official shall:

(a) Cancel all previously existing voter registration records for the participant;

(b) Process the application as a protected records voter; and

History

Statutory Authority: RCW 40.24.090 and 40.24.030. WSR 19-12-002, § 434-840-310, filed 5/22/19, effective 6/22/19. Statutory Authority: RCW 40.24.090. WSR 08-23-094, § 434-840-310, filed 11/19/08, effective 12/20/08
WSR 05-13-059, § 434-840-310, filed 6/9/05, effective 7/10/05
WSR 98-19-063, § 434-840-310, filed 9/16/98, effective 10/17/98. Statutory Authority: 1991 c 23. WSR 91-20-074, § 434-840-310, filed 9/26/91, effective 10/27/91.