County Canvassing Board Training

2012

Certification and Training ProgramElections DivisionOffice of the Secretary of State(360) 902-4180

The Canvassing Board

The County Auditor conducts electionsThe County Auditor conducts elections

The Board canvasses the returnsThe Board canvasses the returns

RCW 29A.60WAC 434-262-010

Canvassing Board Membership

• Chair of County Legislative Authority– Board of County Commissioners– County Council

• Prosecuting Attorney

• County Auditor

RCW 29A.60.140

• Designate an alternateDesignate an alternate– In writingIn writing– At least one day prior to assuming any dutiesAt least one day prior to assuming any duties– Permanently, or for a single electionPermanently, or for a single election

• File designation with the County AuditorFile designation with the County Auditor

RCW 29A.60.140

If a Member Cannot Serve

Board Alternates

RCW 29A.60.140

When Member is a Candidate

The member designates an alternate.The member designates an alternate.

If unable to designate, the memberIf unable to designate, the member

• May determine the validity of an entire determine the validity of an entire ballot ballot

• MayMay not not determine validity for his/her racedetermine validity for his/her race

RCW 29A.60.150

When Member is a Candidate

If remaining members can’t agree,If remaining members can’t agree, andand

the vote affects the outcome of the race,the vote affects the outcome of the race,thenthen

The Secretary of State may break the tie.The Secretary of State may break the tie.

RCW 29A.60.150

Board Procedures

Officially adopt written procedures

Comply with Open Public Meetings Act

RCW 29A.60.150 & 42.30.080

Rules and Written Procedures

Canvassing Board written procedures

should include:

•Board policies and delegation

•Compliance with state laws and rules

•Consistency between elections

•Include examples of Board decisions

Open Public Meetings

• Notify media

• Publish public meeting notices– In the Notice of Election– On the county website

• Make available for public disclosure– All Board meeting records– All Board actions or adopted rules

WAC 434-262-025RCW 29A.60.140RCW 42.30

Exclusive Duties of the Board

Rejecting ballotsRejecting ballots

Canvassing and Certify electionsCanvassing and Certify elections

Hearing voter registration challengesHearing voter registration challenges

RCW 29A.60, 29A.08.820WAC 434-262-010

Delegating DutiesAny duty Any duty notnot exclusive to the Board exclusive to the Board

•Processing ballotsProcessing ballots•Researching provisional ballotsResearching provisional ballots•Conducting logic & accuracy testsConducting logic & accuracy tests•Determining voter intentDetermining voter intent

RCW 29A.60.140WAC 434-262-015

Ballot Processing Schedule

Voter Intent

Determination of voter intent is often Determination of voter intent is often delegated, sdelegated, subject to the ubject to the Statewide Statewide Standards of What is a VoteStandards of What is a Vote. .

Only the Board may reject a ballot.Only the Board may reject a ballot.

WAC 434-261-120

2009 Version

Voter Intent Committee

Secretary of State’s OfficeCounty AuditorsAttorney General’s Office

Rejection of Ballots

The Board may review ballotsThe Board may review ballots

• IndividuallyIndividually

• In batchesIn batches

The Board shall review voter intent marks The Board shall review voter intent marks not addressed in the not addressed in the Statewide Standards Statewide Standards on What is a Vote.on What is a Vote.

RCW 29A.60.140WAC 434-261-086WAC 434-262-015

Rejection of Ballots or Parts of Ballots

RCW 29A.60.140WAC 434-261-086WAC 434-262-015

Canvassing Board Must Certify Results

When Certifying the Election

Canvassing Board should verify:Canvassing Board should verify:

• Reconciliation reportReconciliation report

• Auditor’s Abstract of VotesAuditor’s Abstract of Votes

• Any reports explaining errors & discrepanciesAny reports explaining errors & discrepancies

• Amended abstractsAmended abstracts

• Certificate of electionCertificate of election

RCW 29A.60.230RCW 29A.60.235

Verify the Auditor’s Abstract of Votes

• Number of registered votersNumber of registered voters

• Votes cast in each raceVotes cast in each race

• Precinct vote totalsPrecinct vote totals

• Ballot vote totalsBallot vote totals

• Legislative district vote totalsLegislative district vote totals

• Congressional district vote totalsCongressional district vote totals

• Countywide vote totalsCountywide vote totalsRCW 29A.60.200WAC 434-262-040

Administering Election Recounts

The Board shall:The Board shall:

• Determine time and placeDetermine time and place

• Establish guidelines for public observationEstablish guidelines for public observation

• Open sealed ballot containersOpen sealed ballot containers

• Direct ballot countingDirect ballot counting

RCW 29A.64.030 RCW 29A.64.041RCW 29A.60.110

Voter Registration Challenges

RCW 29A.08.810-850

Duties: Voter Challenges

Challenged by:Challenged by:

• A registered voter A registered voter

• The County Prosecuting AttorneyThe County Prosecuting Attorney

Voted ballot is held if challenge is filed Voted ballot is held if challenge is filed before the voted ballot is returnedbefore the voted ballot is returned

Basis for Challenge

Challenger must allege voter is:Challenger must allege voter is:

1.1.Not 18Not 18

2.2.Not a U.S. citizenNot a U.S. citizen

3.3.Not a residentNot a resident

4.4.Not eligible due to mental incompetenceNot eligible due to mental incompetence

5.5.Not eligible due to a felony convictionNot eligible due to a felony conviction

RCW 29A.08.810-850

Duties: Voter Challenges

Felony Convictions

2009 Legislation states that2009 Legislation states that

voting rights are restored when the person is voting rights are restored when the person is no longer under DOC custody.no longer under DOC custody.

There is not requirement for a document There is not requirement for a document restoring voting rights.restoring voting rights.

Duties: Voter Challenges

• Burden of proof is on challengerBurden of proof is on challenger

• If challenge is based on residency, the If challenge is based on residency, the voter is allowed to correct the addressvoter is allowed to correct the address

• Challenger and voter may appear at Challenger and voter may appear at hearing either in person or by affidavithearing either in person or by affidavit

RCW 29A.08.810 - .850

Hearing Registration Challenges

Duties: Voter Challenges

Board’s Decision

• Challenge must be resolved before Challenge must be resolved before certification of the electioncertification of the election

• Superior Court may review Canvassing Superior Court may review Canvassing Board’s decisionBoard’s decision

RCW 29A.08.810-850

Duties: Voter Challenges

Military & Overseas Voter

• Voter without WA address votes only on Voter without WA address votes only on county-wide races & issuescounty-wide races & issues

• Electronic access to ballots Electronic access to ballots

• Date of signature is the valid receipt dateDate of signature is the valid receipt date

• If the voter only casts a Federal Write-in If the voter only casts a Federal Write-in Ballot, it is validBallot, it is valid

Board Members’ Role

As judge and jury, As judge and jury,

you are the guardian of voters’ rights, you are the guardian of voters’ rights,

election integrity, and the legal process.election integrity, and the legal process.

County Canvassing Board Training

2012

Questions regarding this training may be addressed to:

Certifying and Training ProgramOffice of the Secretary of Stateelections@sos.wa.gov(360) 902-4180