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Pierce County Canvassing Board Policies Flipbook PDF
Pierce County Canvassing Board Policies August 2012 Pierce County Auditor’s Offi ce Elections Division 2501 S 35th St, St
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Pierce County Canvassing Board
Policies August 2012
Approved at August 21, 2012 Canvassing Board Meeting
Pierce County Auditor’s Office Elections Division 2501 S 35th St, Ste C Tacoma, WA 98409 piercecountywa.org/auditor 253-798-VOTE (8683)
Approved by Julie Anderson Pierce County Auditor Dan Roach Pierce County Council Representative Jason Ruyf Prosecuting Attorney Representative
Table of Contents CHAPTER I – INTRODUCTION ......................................................................... 4 Section I ‐ Authorization ............................................................................. 4 Section II ‐ Delegation of Responsibilities ................................................. 4 Section III ‐ Responsibilities ....................................................................... 4 Section IV ‐ Purpose of this Manual ........................................................... 5 CHAPTER II ‐‐ THE CANVASSING BOARD ........................................................ 6 Section I ‐ Composition of the Canvassing Board ...................................... 6 Section II ‐ Oath .......................................................................................... 6 Section III ‐ Verifying Results ...................................................................... 6 CHAPTER III‐‐ BOARD DECISIONS ................................................................... 7 Section I ‐ Quorum ..................................................................................... 7 Section II ‐ Decisions of the Canvassing Board .......................................... 7 CHAPTER IV ‐‐ MEETINGS ............................................................................... 8 Section I ‐ Regular Meetings ...................................................................... 8 Section II ‐ Special Meetings ...................................................................... 8 Section III ‐ Meeting Location .................................................................... 8 Section IV ‐ Public Meetings ....................................................................... 8 Section V ‐ Public Comment ...................................................................... 9 Section VI ‐ Election Center Security .......................................................... 9 CHAPTER V ‐‐ MAILING AUTHORITY ............................................................. 10 Section I ‐ Postage Rates .......................................................................... 10 Section II ‐ Return Postage ....................................................................... 10 CHAPTER VI ‐‐ GENERAL STATUTORY REQUIREMENTS ................................ 11 Section I ‐ Processing Ballots .................................................................... 11 Section II – Accessible Voting Centers ..................................................... 12 Section III ‐ Public Viewing ....................................................................... 12 CHAPTER VII ‐‐ VOTER SIGNATURE ISSUES ................................................... 13 Section I ‐ Unsigned Ballot Envelope ....................................................... 13 Section II ‐ Signature Does Not Match ..................................................... 13 CHAPTER VIII ‐‐ QUALIFYING BALLOTS ......................................................... 15 Section I ‐ Requirements .......................................................................... 15 Section II ‐ Service, Overseas and Out of State Voters ............................ 15 Section III ‐ Legible Postmarks ................................................................. 16 CHAPTER IX ‐‐ PROVISIONAL BALLOTS ......................................................... 17 Section I ‐ Provisional Ballots ................................................................... 17
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Section II ‐ Processing Provisional Ballots ................................................ 17 Section III ‐ Reporting ............................................................................... 19 CHAPTER X – VOTER INTENT ........................................................................ 20 Section I ‐ Uniform Standards of What Constitutes a Vote ..................... 20 Section II ‐ Ballot Remake Guidelines ...................................................... 20 CHAPTER XI – OTHER CANVASSING REQUIREMENTS .................................. 21 Section I ‐ Resolving Ties .......................................................................... 21 Section II ‐ Resolving Discrepancies ......................................................... 21 Section III ‐ Auditor’s Abstract of Votes ................................................... 21 Section IV ‐ Election Reconciliation Report ............................................. 22 CHAPTER XII ‐‐ RECOUNTS ........................................................................... 24 Section I ‐ Requested ................................................................................ 24 Who May Apply ........................................................................................ 24 How to Apply ............................................................................................ 24 Where to Apply ........................................................................................ 24 When to Apply .......................................................................................... 24 Vote Tabulation Systems ......................................................................... 25 Deposit ...................................................................................................... 25 Request to Stop ........................................................................................ 25 Expenses/Charges of Recounts ................................................................ 26 Section II ‐ Mandatory Recount ............................................................ 26 When Required ...................................................................................... 26 Vote Tabulation Options .......................................................................... 27 Section III ‐ All Recounts ........................................................................... 27 Time and Place ......................................................................................... 27 Notice of Recount ..................................................................................... 28 Recounting the Votes ............................................................................... 28 Amended Abstracts .................................................................................. 28 Limitations ................................................................................................ 29 Observer Guidelines ................................................................................. 29 CHAPTER XIII ‐‐ VOTER REGISTRATION CHALLENGES ................................... 32 Section I ‐ Duty of Canvassing Board ....................................................... 32 Section II ‐ Procedures for Challengers .................................................... 32 Section III – Rights of Challenged Voters ................................................. 33 Section IV ‐ Notification ........................................................................... 33 Section V ‐ Time of Hearing ...................................................................... 34 Section VI ‐ Presumption .......................................................................... 34 Section VII ‐ Burden and Standards of Proof ........................................... 34
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Section VIII ‐ Evidence .............................................................................. 34 Section IX ‐ Decision ................................................................................. 35 Section X ‐ Remedies ................................................................................ 35 CHAPTER XIV ‐‐ LOGIC AND ACCURACY TESTING ......................................... 36 Section I ‐ Test Observers ......................................................................... 36 Section II ‐ Emergency Test ...................................................................... 37 Section III ‐ Test Certification ................................................................... 37 Section IV ‐ Test Deck Preparation ........................................................... 38 Section V ‐ Optical Scan Test Ballot Selection — State Primary and General Elections ...................................................................................... 38 Section VI ‐ Preparation of Logic and Accuracy Test Decks ..................... 38 Section VII – Logic and Accuracy Testing of Accessible Voting Units ...... 39 Glossary of Terms ........................................................................................ 40
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CHAPTER I – INTRODUCTION
Section I – Authorization The Pierce County Canvassing Board (hereafter referred to as Canvassing Board) is established under the authority of RCW 29A.60, for the purpose of canvassing the returns of all elections.
Section II ‐ Delegation of Responsibilities Except as otherwise provided by law, the Canvassing Board may delegate the performance of any of its tasks assigned by law. The delegation of such authority must occur in writing or at a public meeting in accordance with rules adopted by the Secretary of State. The written delegation of authority shall be filed with the Auditor annually in January in substantially the same form as Appendix H. (RCW 29A.60.140)
Section III ‐ Responsibilities The responsibilities of the Canvassing Board include: 1. Processing ballots (Authority: RCW 29A.40.110). 2. Verifying and certifying results (Authority: RCW 29A.60.070 and 29A.60.200). 3. Determining the validity of ballots (Authority: RCW 29A.60.050). 4. Determining voter intent in accordance with the Washington Voter Intent Manual published by the Secretary of State. (Authority: WAC 434‐261‐086). 5. Opening sealed ballot containers (Authority: RCW 29A.60.110). 6. Taking corrective action on the “Abstract of Votes” (Authority: WAC 434‐262‐060).
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7. 8. 9.
Rejecting ballots in whole or part (Authority: WAC 434‐262‐031, WAC 434‐262). Conducting a recount (Authority: RCW 29A.64.021). Adopting administrative rules (Authority: RCW 29A.60.140).
Section IV ‐ Purpose of this Manual This manual serves as the local administrative rules to facilitate and govern the canvassing process in Pierce County. Statutes directing the policies are: chapters and sections of RCW Chapter 29A and 42, WAC Chapter 434. Any of the administrative rules contained in this manual that do not specifically refer to statutory or regulatory authority are guidelines based on past practices and decisions of the Canvassing Board.
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CHAPTER II ‐‐ THE CANVASSING BOARD
Section I ‐ Composition of the Canvassing Board Members of the County Canvassing Board consist of the County Auditor, who chairs the Canvassing Board; the County Prosecuting Attorney; and the Chair of the County Council. Any member may designate a representative. 1. Designated Representatives: The County Auditor may designate one member who shall be a Deputy Auditor. The County Prosecuting Attorney may designate one member who shall be a Deputy Prosecutor. The Chair of the County Council may designate one member who shall be a member of the County Council (WAC 434‐ 262‐015, RCW 29A.60.140). 2. Designation Authorization: A member of the Canvassing Board will file the name of the designee in writing to the County Auditor not later than the day before the first day duties are to be undertaken (RCW 29A. 60.140) (see Appendix A). Section II ‐ Oath Before certifying the returns of a primary or election, the chairperson of the county legislative authority or the chair’s designee shall administer an oath to the County Auditor or the Auditor’s designee attesting to the authenticity of the information presented to the Canvassing Board. This oath must be signed by the County Auditor or designee and filed with the returns of the primary or election. (RCW 29A.60.200) (See Appendix B).
Section III – Verifying Results The Canvassing Board shall verify the results from the ballots cast in the election. The Canvassing Board shall execute a certificate of the results signed by all members of the board or their designees (RCW 29A.60.200) (see Appendix C).
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CHAPTER III ‐‐ BOARD DECISIONS
Section I ‐ Quorum Two‐thirds of the members shall constitute a quorum.
Section II ‐ Decisions of the Canvassing Board When a member of the Canvassing Board is on the ballot, they shall recuse themselves when making decisions regarding the determination of a voter’s intent with respect to a vote cast for that specific office. This recusal shall also apply to the designee who represents that Canvassing Board member who is on the ballot. The determination of a voter’s intent with respect to that contest will be made by the other two members of the Board. However, the member whose name appears on the ballot may fully participate in decisions accepting or rejecting entire ballots, unless the office in question is the only one for which the voter cast a vote (RCW 29A.60.150). A majority vote, defined as two of three votes, is required for all Board decisions and actions. Decisions of the Board are final and not subject to appeal except as provided under provisions for contesting elections. If the two members vote and do not agree, a vote shall not be counted unless the number of those votes could affect the result of the primary or election, in which case the Secretary of State or a designee shall make the decision on those votes.
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CHAPTER IV ‐‐ MEETINGS
Section I – Regular Meetings Primary or Special Election The Canvassing Board shall meet to canvass ballots and certify the election no later than the 14th day after the election. (RCW 29A.60.190) (see Appendix C). General Election The Canvassing Board shall meet to canvass ballots and certify the election no later than the 21st day after the election. (RCW 29A.60.190) (see Appendix C). These canvassing meetings may be adjourned and reconvened at a later time, date or location at the discretion of the Board.
Section II – Special Meetings The Canvassing Board may meet at any time to perform their statutory duties which may include administrative hearings regarding voter registration challenges, conducting recounts, adopting rules or to respond to any other special circumstances that may arise.
Section III ‐ Meeting Location Unless otherwise specified in a public notice, the Canvassing Board shall meet at the Pierce County Elections Center, located at 2501 South 35th Street, Suite C, Tacoma, WA 98409.
Section IV ‐ Public Meetings
All meetings of the Canvassing Board are public meetings under RCW 42.30 and shall be appropriately noticed in a paper of general circulation (RCW 29A.60.140) (5) (see Appendix D). ‐ 8 ‐
Section V – Public Comment Public comment will be taken at the meeting at such time or times as may be designated by the Chair. Members of the public who wish to comment must first wait to be recognized by the Chair and asked for comment. The time allowed for comment may be limited by the Chair. Written comments may be submitted at any time during the meeting and will be entered into the Canvassing Board record. Any comments or other behavior by members of the public deemed inappropriate or disruptive by the Chair will result in removal from the Pierce County Elections Center.
Section VI – Election Center Security The Pierce County Elections Center is a public facility which provides for the secure processing of ballots and ballot tabulation, in compliance with state law. Employee entrances remain locked at all times. When in use and open, the loading dock door is monitored. Election employees are required to wear a color‐coded Elections Center badge, identifying their level of authorization to access areas of the center while working. Visitors are required to sign‐in, wear a visitors’ badge and be escorted at all times. Members of the public who attend meetings in the Elections Center must remain in designated seating areas and may not engage in inappropriate or disruptive behavior. Election staff take appropriate action to maintain overall security during this time. Inside doors can be locked or unlocked, depending on the need for extra security and/or meeting area definition. Members of the public who fail or refuse to remain seated in designated public seating areas, or who engage in inappropriate or disruptive behavior, may be removed from the Elections Center.
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CHAPTER V ‐‐ MAILING AUTHORITY
Section I ‐ Postage Rates All outbound mailings from the Pierce County Elections Division to voters may be mailed at nonprofit mail rates. These mailings are used to update and maintain voter mailing lists as permitted under the National Voter Registration Act of 1993.
Section II ‐ Return Postage All inbound ballots will require first class postage, paid by the voter. There is an exception for overseas voters and service voters. Such mailings will be sent with free return postage if the ballot is mailed through the United States Postal Service, Unites States Armed Forces Postal Service, or the postal service of a United States foreign embassy. Pierce County, at the discretion of the Auditor, may pay return postage for all mail ballots if extenuating circumstances exist.
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CHAPTER VI ‐‐ GENERAL STATUTORY REQUIREMENTS
Section I ‐ Processing Ballots 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. Failure to appoint or attend shall not delay the processing or tabulation of ballots (WAC 434‐250‐110) (1) (see Appendix E). Pierce County tabulates ballots on an electronic vote tabulation system. Initial processing consists of verifying signatures, opening envelopes, removing ballots, inspecting ballots and repairing/re‐making ballots. Following initial processing, all ballots must be kept in secure storage until they are ready for final processing (RCW 29A.40.110, WAC 434‐250‐110) (2). Auditor staff responsible for the checking of voter signatures shall be instructed in the signature verification process. Auditor staff shall periodically be trained and updated on signature verification techniques by local law enforcement officials. (WAC 434‐250‐120) Auditor staff shall ensure all security and return envelopes are empty by making a physical inspection of the envelopes. A zip tie is then threaded through the pre‐punched hole in the envelope to ensure that nothing is left inserted inside the envelope. Final processing, which consists of scanning ballots on the 400C optical scan readers, may be performed only after 7:00 a.m. on the day before the primary or election if the county auditor has submitted an approved security plan to the secretary of state that prevents tabulation until after 8:00 p.m. on the day of the election (WAC 434‐250‐110)(3).
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Tabulation, which is the production and release of election results, may not occur until after 8:00 p.m. on the day of the primary or election (WAC 434‐ 250‐110) (4).
Section II ‐ Accessible Voting Centers Pierce County operates Accessible Voting Centers throughout the county using touch screen voting machines. Ballots cast on touch screen voting machines are recorded electronically at the time of voting and a paper record is created and verified by the voter. (RCW 29A.44.045). The electronic returns are returned to the Auditor on election night for inclusion in the election night results. The Paper Audit trail tape is returned to the Election Center each night and placed in secured storage. (RCW 29A.44.050). Voting Centers serve as an extension of our office. Services include: Voter registration. Ballot deposit site. Provisional ballots. Voting assistance from staff.
Section III – Public Viewing All phases of ballot processing, including recounts, are open to the public, subject to reasonable procedures to ensure that order and integrity of the process is maintained (WAC 434‐250‐120). The Auditor shall establish a public viewing area from which interested parties may observe the processing and tabulation of ballots. Individuals in the public viewing area shall be able to view ballot processing but shall not be in direct contact with the ballots or election staff. The public viewing area shall be open and accessible whenever ballot processing is conducted.
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CHAPTER VII ‐‐ VOTER SIGNATURE ISSUES
Section I ‐ Unsigned Ballot Envelope If a voter neglects to sign the voter declaration , the Auditor shall send a copy of the declaration to the voter by first class mail. If the voter returns the signed declaration, their ballot will be counted. (Appendix F). If the Auditor’s office does not receive the signed declaration by three business days prior to the certification of the election, the Auditor shall attempt to contact the voter by telephone. If an unsigned declaration is received within three business days prior to the certification of the election, no notice will be mailed to the voter. The Auditor staff shall attempt to notify the voter by telephone. The Auditor shall: 1. Require the voter to appear in person and sign the return envelope not later than the day before the certification of the primary or election (RCW 29A.60.165(1a)); 2. Provide the voter with a copy of the return envelope oath and require the voter to sign the copy of the oath, and return it to the Auditor not later than the day before the certification of that primary or election (RCW 29A.60.165(1b)): 3. A record shall be kept of the date on which the voter was contacted or on which the notice was mailed to the voter, as well as the date on which the voter returned the signed declaration. (RCW 29A.60.165(4)).
Section II ‐ Signature Does Not Match If the handwriting of the signature on the voter declaration is not the same as the signature on the registration file, the Auditor shall notify the voter by first class mail, enclosing a copy of the voter declaration and advise the voter of the correct procedures for updating his or her signature. (Appendix G)
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If the Auditor’s office has not received the copy of the voter declaration by three business days prior to certification or the voter has not responded to the above mailed notification, then Auditor staff shall attempt to notify the voter by telephone. For the ballot in question to be counted the voter must: 1. Appear in person and sign a new voter registration form no later than the day before the certification of the primary or election (RCW 29A.60.165(2)(a) (i); OR, 2. Sign a signature update form that includes both the ballot declaration required by WAC 434‐230‐015 and the voter registration oath required by RCW 29A.08.230. These materials must be returned no later than the day before the certification of that primary or election (RCW 29A.60.165(2)(a)(ii). A record shall be kept of the date on which the voter was contacted or on which the notice was mailed to the voter, as well as the date on which the voter signed the copy of the voter declaration (RCW 29A.60.165(4)).
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CHAPTER VIII ‐‐ QUALIFYING BALLOTS
Section I ‐ Requirements Ballots will be counted if the ballots meet the following criteria (WAC 434‐ 250‐120): 1. The ballot is returned in the return envelope or similar envelope provided it contains the same data and signed voter declaration, and is approved by the Auditor. 2. The voter declaration is signed with a valid signature in the place afforded for the signature on the envelope or other as designated by the Auditor. 3. The signature has been verified, or if the voter is unable to sign his or her name, two other persons have witnessed the voter’s mark. 4. The envelope is postmarked no later than the date of the election or dropped off at an official drop off location not later than 8:00 p.m. on Election Day. 5. The ballot is received by the certification of the election. All personnel assigned to the duty of signature verification shall subscribe to an oath regarding the discharge of his or her duties and shall receive training in the signature checking process (see Appendix I).
Section II ‐ Service, Overseas and Out of State Voters Election staff shall make every effort to ensure service, overseas and out of state voters are afforded the opportunity to have their vote counted. The emailing and faxing of ballots as well as participating in the Federal Voting Assistance Program (FVAP) shall be performed to ensure every voter receives a ballot in a timely manner.
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For service voters, overseas voters, and out‐of‐state voters the date of mailing shall be the date indicated by the voter on the return envelope, and any envelope which shows a date after the date of the election shall not be counted (RCW 29A.40.110(4)). Section III ‐ Legible Postmarks For all other ballots, the date of mailing shall be the postmark, if present and legible. If the postmark is not present or legible, the date of mailing shall be considered the date indicated by the voter on the return envelope. All ballots showing a postmark after the date of the election, or a date indicated by the voter after the date of the election if the postmark is missing or illegible, shall not be counted (RCW 29A.40.110(4).
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CHAPTER IX ‐‐ PROVISIONAL BALLOTS Section I ‐ Provisional Ballots Provisional ballots may be issued on or before Election Day in the Auditor’s Office or at a voting center (RCW 29A.44.207, 29A.04.008) (WAC 434‐250‐ 085) when: 1. A voter who has already received credit for voting attempts to vote again. 2. There is a question on the part of the voter concerning the issues or candidates on which the voter is qualified to vote. 3. A voter is unable to provide valid identification. (RCW 29A.44.205) Section II ‐ Processing Provisional Ballots Upon receipt of the provisional ballot, including provisional ballots from other counties or states, the Auditor shall research each ballot and determine if it should be counted. A provisional ballot cannot be counted unless it can be determined the voter is properly registered to vote. Count/No Count determinations are made using the following criteria: If the voter was previously registered and later canceled and the Auditor determines that the cancellation was in error, the voter’s registration will be immediately restored and the provisional ballot counted. If the voter is a registered voter but has voted a ballot other than the one which the voter would have received for his or her precinct, only those votes for the positions and measures for which the voter was eligible to vote are counted. If a provisional voter has not returned a voted ballot, the provisional ballot is counted. ‐ 17 ‐
If the voter voted a provisional ballot because he or she failed to produce identification as required by RCW 29A.44.205 the ballot is counted if the signature on the envelope matches the signature in the voter registration record provided the voter’s identity had previously been verified as part of the voter registration process. If the voter is provisionally registered, pending verification of identity, the voter must provide required identification no later than the day before certification for the ballot to be counted. If there is no record of the voter ever having been registered, the voter must be offered the opportunity to register and the provisional ballot is not counted. If the voter was previously registered and later canceled and the Auditor determines that the cancellation was not in error, the voter will be offered the opportunity to re‐register and the provisional ballot is not counted. If a voter who voted a provisional ballot has already returned a ballot, the provisional ballot is not counted. If a ballot is returned after the provisional ballot has been counted the ballot is not counted. If the voter is a registered voter in another county, the ballot will be forwarded to the Elections Department for the jurisdiction in which the voter is registered. The ballot will be forwarded within seven calendar days after a primary or special election and fifteen calendar days after a general election, and as soon as possible if past that date. Provisional ballots noted for reasons not covered by this section or state statute will be sent to the Canvassing Board for determination. (WAC 434‐ 253‐047)
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Section III ‐ Reporting The Auditor will report the number of provisional ballots received, the number found valid and counted, the number rejected and the reason for not counting the ballots as part of the canvassing report prior to certification. Provisional voters will be given an opportunity to learn the disposition and reason their ballot was not counted, free of charge. Voters may contact the Elections Center for this information. Provisional voters whose ballot was not counted will also be sent notification indicating why the ballot was not counted and what to do to prevent this from happening in the future.
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CHAPTER X – VOTER INTENT
Section I – Uniform Standards of What Constitutes a Vote Washington is a Voter Intent State, meaning that every effort shall be made to count each valid vote in which voter intent can be determined; WAC 434‐261‐086 and the Statewide Voter Intent Manual, published by the Secretary of State, set forth uniform standards of what constitutes a valid vote in Washington State. The Canvassing Board shall follow these rules when determining how to count a ballot or individual vote. In the event a situation arises that is not addressed in state law, administrative rule or the Voter Intent Manual, the authority to determine voter intent rests with the County Canvassing Board.
Section II – Ballot Remake Guidelines Ballots shall be remade in accordance with the State Voter Intent Manual. Any ballot in which voter intent cannot be clearly discerned shall be referred to the Canvassing Board. The Canvassing Board shall review the ballot and determine which votes are to be counted.
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CHAPTER XI – OTHER CANVASSING REQUIREMENTS
Section I ‐ Resolving Ties If, at a final election, two or more candidates are tied for first place, the winner shall be decided by lot. If, at a primary, two or more candidates are tied for first place, the order on the General Election ballot shall be decided by lot. If, at a primary, two or more candidates are tied for second place, the candidate that advances to the General Election shall be decided by lot (RCW 29A.60.221).
Section II ‐ Resolving Discrepancies Whenever the Canvassing Board finds that there is an apparent discrepancy or an inconsistency in the returns of a primary or election, the board may re‐canvass the ballots or voting devices in any precincts of the County. The Canvassing Board shall correct any error and document the correction of any error that it finds (RCW 29A.60.210).
Section III ‐ Auditor’s Abstract of Votes No later than the fourteenth day following any primary or special election and the twenty‐first day following any general election the Canvassing Board shall meet and canvass all ballots not previously processed under the provisions of RCW 29A.40, (WAC 434‐262‐030). Upon completion of this canvass the Canvassing Board shall direct the County Auditor to prepare the Auditor’s abstract of votes prepared pursuant to WAC 434‐262‐010. The County Auditor or other election official may aggregate results from more than one precinct if the Auditor finds that reporting a single precinct’s ballot results would jeopardize the secrecy of a person’s vote. (RCW 29A.60.230 (3)
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As an alternative, the County Auditor may also choose to protect the secrecy of ballots cast by redacting the information from reports and electronic files containing vote totals. The ensuing report, containing a count of all ballots cast in the election, subtotal reports by legislative district and countywide totals shall constitute the Auditor’s abstract of votes.
Section IV – Election Reconciliation Report The Auditor shall prepare, make publicly available at the Auditor’s Office or on the Auditor’s website, and submit at the time of certification, an election reconciliation report that discloses the following information: 1. The number of registered voters; 2. The number of provisional ballots issued; 3. The number of provisional ballots counted; 4. The number of provisional ballots rejected; 5. The number of ballots issued; 6. The number of ballots counted; 7. The number of ballots rejected; 8. The number of federal write‐in ballots counted; 9. The number of overseas, and service ballots issued; 10. The number of overseas, and service ballots counted; and 11. The number of overseas, and service ballots rejected. The County Auditor shall prepare and make publicly available at the Auditor's Office or on the Auditor's website within thirty days of certification a final election reconciliation report that discloses the following information: 1. The number of registered voters; 2. The total number of voters credited with voting; 3. The number of provisional voters credited with voting; 4. The number of federal write‐in voters credited with voting; 5. The number of overseas, and service voters credited with voting;
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6.
7.
The total number of voters credited with voting even though their ballots were postmarked after election day and were not counted; and Any other information the Auditor deems necessary to reconcile the number of ballots counted with the number of voters credited with voting such as the number of ballot cards from multi‐card ballots that were not returned by the voter.
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CHAPTER XII ‐‐ RECOUNTS Per state law, a recount may either be mandatory or requested.
Section I – Requested Recount Who May Apply An officer of a political party or any person for whom votes were cast in an election who was not declared advancing or elected may file a written application for a recount of the votes or a portion of the votes cast at that election for all persons for whom votes were cast for that office (RCW 29A.64.011). How to Apply An officer of a political party or any person for whom votes were cast at any election may file a written application for a recount of the votes or a portion of the votes cast at that election for all candidates for election to that office (RCW 29A.64.011). Any group of five or more registered voters may file a written application for a recount of the votes or a portion of the votes cast upon any question or issue. They shall designate one of the members of the group as chairman and shall indicate the voting residence of each member of the group (RCW 29A.64.011). Where to Apply An application for a recount of the votes cast for an office or on a ballot measure must be filed with the officer with whom filings are made for the jurisdiction (RCW 29A.64.011). When to Apply An application for a recount shall be filed within two business days after the County Canvassing Board or Secretary of State has declared the official
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results of the primary or election for the office or issue for which the recount is requested (RCW 29A.64.011). Vote Tabulation Systems An application for a recount must specify whether the recount shall be done manually or by the vote tabulation system. A recount done by the vote tabulation system must use programming that recounts and reports only the office or ballot measure in question. The County shall also provide for a test of the logic and accuracy of that program (RCW 29A.64.011). This chapter applies to the recounting of votes cast by paper ballots and to the recounting of votes recorded on ballots counted by a vote tabulation system (RCW 29A.64.011). Deposit An application for a recount shall state the office for which a recount is requested and whether the request is for all or only a portion of the votes cast in that jurisdiction for that office. The person filing an application shall, at the same time, deposit with the County Auditor or Secretary of State, in cash or by certified check, a sum equal to twenty five cents (manual or hand recount) or fifteen cents (electronic or machine recount) for each ballot cast in the jurisdiction or portion of the jurisdiction for which the recount is requested as security for the payment of all costs of conducting the recount. The requestor shall be subject to all costs to conduct the recount; these charges shall be determined by the Canvassing Board under RCW 29A.64.081 (RCW 29A.64.030). Request to Stop At any time before the ballots from all of the precincts listed in the application for the recount have been recounted, the applicant may file with the Canvassing Board a written request to stop the recount.
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Expenses/Charges of Recounts The Canvassing Board shall determine the expenses for conducting a recount of votes. The cost of the recount shall be deducted from the amount deposited by the applicant for the recount at the time of filing the request for the recount, and if a balance remains after the recount, the balance shall be returned to the applicant. If the costs of the recount exceed the deposit, the applicant shall pay the difference. No charges may be deducted by the Canvassing Board from the deposit for a recount if the recount changes the result of the nomination or election for which the recount was ordered or requested. (RCW 29A.64.081) Section II – Mandatory Recount When Required If the official canvass of all of the returns for any office at any primary or election reveals that the difference in the number of votes cast for a candidate apparently nominated or elected to any office and the number of votes cast for the closest apparently defeated opponent is less than two thousand votes and also less than one‐half of one percent of the total number of votes cast for both candidates, the Canvassing Board shall conduct a recount of all votes cast on that position (RCW 29A.64.021)(1). Whenever such a difference occurs in the number of votes cast for candidates for a position the declaration of candidacy for which was filed with the Secretary of State, the Secretary of State shall, within three business days of the day that the returns of the primary or election are first certified by the Canvassing Board of those counties, direct those boards to recount all votes cast on the position (RCW 29A.64.021) (1a). For statewide elections, if the difference in the number of votes cast for the apparent winner and the closest apparently defeated opponent is less than one thousand votes and also less than one‐fourth of one percent of the
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total number of votes cast for both candidates, the votes shall be recounted manually (RCW 29A.64.021)(1b). For non‐statewide elections if the difference in the number of votes cast for the apparent winner and the closest apparently defeated opponent is less than one hundred‐fifty votes and also less than one‐fourth of one percent of the total number of votes cast for both candidates, the votes shall be recounted manually. (RCW 29A.64.021)(1b). A mandatory recount shall be conducted in the manner provided by RCW 29A.64.030, 29A.64.041, and 29A.64.061. No cost of a mandatory recount may be charged to any candidate (RCW 29A.64.021) (2).
Vote Tabulation Options The apparent winner and closest apparently defeated opponent for an office for which a manual recount is required under Section I of this section may select an alternative method of conducting the recount. To select such an alternative, the two candidates shall agree to the alternative in a signed, written statement filed with the election official for the office. The recount shall be conducted using the alternative method if: It is suited to the balloting system that was used for casting the votes for the office; it involves the use of a vote tabulation system that is approved for use in this state by the Secretary of State; and the vote tabulation system is readily available in each county required to conduct the recount. If more than one balloting system was used in casting votes for the office, an alternative to a manual recount may be selected for each system (RCW 29A.64.021)(3).
Section III – All Recounts Time and Place The County Canvassing Board shall determine a time and place at which the recount will be conducted. This time shall be less than three business days after the day upon which: The application was filed with the board.
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The request for a recount or directive ordering a recount was received by the Canvassing Board from the Secretary of State; or the returns are certified which indicate that a recount is required under RCW 29A.64.021 for an issue or office voted upon only within the County (RCW 29A.64.030). Notice of Recount Not less than one day before the date of the recount, the County Auditor shall mail a notice of the time and place of the recount to the applicant or affected parties and, if the recount involves an office, to any person for whom votes were cast for that office. The County Auditor shall also notify the affected parties either by telephone, fax, e‐mail, or other electronic means at the time of mailing. At least three attempts must be made over a two‐day period to notify the affected parties or until the affected parties have received the notification. Each attempt to notify affected parties must request a return response indicating that the notice has been received. (RCW 29A.64.030). Recounting the Votes At the time and place established for a recount, the Canvassing Board or its designated representative, in the presence of all witnesses who may be in attendance, shall open the sealed containers containing the ballots to be recounted, and shall recount the votes for the offices or issues for which the recount has been ordered. (RCW 29A.64.041) Ballots shall be handled only by the members of the Canvassing Board or their designated representatives. (See Appendix H) Amended Abstracts Upon completion of a recount, the Canvassing Board shall prepare and certify an amended abstract showing the votes cast in each precinct for which the recount was conducted. Copies of the amended abstracts shall be transmitted to the same officers who received the abstract on which the recount was based. If the nomination, election, or issue for which the recount was conducted was submitted only to the voters of the County, the Canvassing Board shall
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file the amended abstract with the original results of that election or primary. If the nomination, election, or issue for which a recount was conducted was submitted to the voters of more than one county, the Secretary of State shall canvass the amended abstracts and shall file an amended abstract with the original results of that election. An amended abstract certified under this section supersedes any prior abstract of the results for the same offices or issues at the same primary or election. (RCW 29A.64.061) Limitations After being counted, the votes cast in any single precinct may not be recounted and the results recertified more than twice (RCW 29A.64.070). Observer Guidelines
Subject to reasonable and equitable guidelines adopted by the Canvassing Board, all interested persons may attend and witness a recount. Witnesses shall be permitted to observe the ballots and the process of tabulating the votes, but they shall not be permitted to handle the ballots. The Canvassing Board shall not permit the tabulation of votes for any nomination, election, or issue other than the ones for which a recount was applied for or required (RCW 29A.64.041). The recount may be observed by persons representing the candidates affected by the recount or the persons representing both sides of an issue that is being recounted. (RCW 29A.64.041). The observers may not make a record of the names, addresses, or other information on the ballots, or applications for ballots unless authorized by the superior court. The Secretary of State or the County Auditor may limit the number of observers to not less than two on each side if, in his or her opinion, a greater number would cause undue delay or disruption of the recount process (RCW 29A.64.041).
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Due to space limitations, ballot security and/or safety, it may be necessary to prioritize the spaces allocated for observing. Priority shall be given in the following order: Candidates of the affected race or their designated representative. Designated representative for the proponents and opponents of a measure. Legal counsel. Official political party observers. Additional observers for the candidates or ballot measure. General public and the media. If at any time the conduct or activities of the observers, media, or public becomes an unreasonable distraction or otherwise impedes the progress of the recount, the process will be stopped until the situation has been corrected or the room has been cleared. Conversations are to be kept to a minimum and at a level that will not disturb the counting process or the canvassing authority. State law does not make a provision for the challenge of ballots or voters during a recount. The recount procedure provided for by statute is a mechanical function of re‐tabulation of the ballots cast and accepted as valid by the Canvassing Board during the canvass of the election. The decision of these officials with respect to the inclusion or exclusion of a particular ballot during the canvass is NOT in question during the recount. Note taking, or the use of cell phones, PDA’s, laptops, camera’s, video or audio recordings will not be permitted inside the ballot processing area. Observers may not touch ballots, ballot containers or vote tabulation equipment. At certain times during the ballot processing, observers may be asked to sign an oath of secrecy.
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The statutes provide that the person requesting a recount may specify whether the recount shall be conducted using the vote tabulation system or shall be counted by hand. Where neither is specified, the vote tabulation system shall be used, unless the Canvassing Board determines otherwise. Mandatory recounts shall be by the same method as the original counting process, unless otherwise required by law. The recount of ballots using the electronic vote tabulation system shall be conducted in a similar manner in which those ballots were counted during the canvassing of the vote. The tabulation system will be prepared in a manner which will suppress all votes on the ballots except for the contest being recounted. Prior to the recounting of the ballots, a separate logic and accuracy test of the system shall be conducted. All interested parties may observe the process of running the ballots through the vote tabulation equipment from the public viewing area. Due to security and space limitations, no one may be inside the 400C Ballot Tabulation Area, except the Election Department staff. If the process is stopped temporarily, the individual teams will cease counting at the completion of the precinct in progress. All materials and supplies shall be carefully protected during any temporary stoppage. In the event the recount is not completed on the same day that it commences, at a reasonable stopping time, and upon completion of the precincts being counted, all containers shall be resealed. The process shall be continued the following business day. The recount may continue past regular business hours and on the weekends at the discretion of the County Auditor. On completion of the recount, the results will be formally reviewed and approved by the Canvassing Board. If a different count results from the original canvass, the Board will then complete a new abstract showing the results in each precinct of the office which has been recounted. The certified canvass results will then be amended as appropriate. The amended certified canvass report will normally be available to the candidates and all others concerned within twenty‐four hours of the completion of the recount, unless completed on a Friday, in which case the report may not be available until the following Monday. The Canvassing Board does not intend to publish interim reports of the recount.
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CHAPTER XIII ‐‐ VOTER REGISTRATION CHALLENGES
Section I ‐ Duty of Canvassing Board The Canvassing Board is statutorily charged with the duty to hear voter registration challenges filed with the County Auditor less than forty‐five (45) days before a primary, special or general election (RCW 29A.08.820). If the challenge is filed prior to 45 days of the election, the County Auditor is not required to convene the Canvassing Board and may rule on the challenge independently. If the challenge is made within 45 days of the election, the Canvassing Board must convene to hear and rule on the challenge. (RCW 29A.08.820).
Section II ‐ Procedures for Challengers Qualifications of Challenger A challenge may be initiated by a registered voter or by the office of the County Prosecuting Attorney at any time. (RCW 29A.08.810). All challengers must file a signed affidavit and satisfy the challenger duties set forth in RCW 29A.08.810 and WAC 434‐324‐115. The Auditor’s Office shall maintain a supply of challenge forms available to interested parties. Challenging a Voter Challenges by a registered voter or the County Prosecuting Attorney: A challenger must file a challenge with the County Auditor not later than forty‐five (45) days before any primary, special or general election. A challenge may be made not later than ten (10) days prior to the election or within ten (10) days of the voter being added to the voter database, whichever is later for any voter who registered or changed residence less than sixty (60) days before the election. (RCW 29A.08.820).
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Section III ‐ Rights of Challenged Voters Challenged voters may: Vote a ballot which shall be placed in a sealed envelope separate from other voted ballots and transmitted to the Canvassing Board at the close of the election (RCW 29A.08.820). Properly transfer or re‐register until the day before the primary, special or general election by applying personally to the County Auditor (RCW 29A.08.840). Present testimony and evidence, either in person or by affidavit, to the canvassing board prior to them making their determination (RCW 29A.08.840).
Section IV ‐ Notification State law (RCW 29A.08.840) requires the County Auditor notify, by certified mail, any voter whose registration has been challenged. The notification must be mailed to the address at which the challenged voter is registered, to any address provided by the challenger as required by RCW 29A.08.840, and to any other address that the County Auditor could reasonably expect the challenged voter might receive such notification. Included with the notification must be a copy of the affidavit and a request that the voter appear at a hearing at the place and time specified, in order to assist the County Auditor in determining the validity of his/her registration (RCW 29A.08.840). The challenge will be posted on the Auditor’s website. The challenger shall be provided with a copy of the hearing notification and request mailed to the challenged voter. If either the challenger or the challenged voter, or both, are unable to appear in person they may file
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affidavits, stating under oath the reasons they believe the challenge to be valid or invalid (RCW 29A.08.840).
Section V ‐ Time of Hearing The Canvassing Board hearing shall occur no later than the time of canvassing for the particular primary, special or general election. The decision of the Canvassing Board shall be made within the same time limit (RCW 29A.08.820).
Section VI – Presumption Registration creates a presumption that a voter has the right to vote as registrations are presumed valid (RCW 29A.08.810).
Section VII ‐ Burden and Standards of Proof The burden is always on the challenger to prove by clear and convincing evidence that the challenged voter's registration is improper (RCW 29A.08.840).
Section VIII ‐ Evidence Oath: All witnesses shall be placed under oath. Number of Witnesses: The number of witnesses shall not be limited unless the testimony becomes repetitive or goes beyond the time limits for presenting testimony. Length of Hearing: The challenger and challenged voter shall each have thirty (30) minutes to present evidence. Questioning of Witnesses: Members of the Canvassing Board shall be free to examine any witness at any time in the proceeding. Cross‐examination shall not be allowed. Recording: The Canvassing Board hearing shall be either recorded or transcribed. ‐ 34 ‐
Section IX ‐ Decision The decision of the Canvassing Board shall be made at the conclusion of the evidentiary portion of the hearing. The Canvassing Board's decision shall be final (RCW 29A.08.840).
Section X ‐ Remedies The Canvassing Board shall give the challenged voter the opportunity to present testimony, either in person or by affidavit and evidence to the canvassing board before making their determination. The decision of the canvassing board or other authority charged by law with canvassing the returns shall be final (RCW 29A.08.840).
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CHAPTER XIV ‐‐ LOGIC AND ACCURACY TESTING Requirements A Logic and Accuracy test is required no later than three days prior to the election. The purpose of this test is to ensure the entire tabulation system is functioning properly and fully prepared for the counting and tabulation of results on Election Day. (RCW 29A.12.130) (WAC 434‐335). The County shall notify the parties, the press, the public, and candidates of the date and time of the test (WAC 434‐335‐320). (Appendix D) Testing Process 1. A simulation script containing votes cast for each candidate or measure will be run on each touch screen tabulator and compared to expected results. 2. A test deck will be run on the 400C high speed ballot tabulators and compared to expected results. 3. Vote totals from all voting machines will be merged into the tabulation system and compared to expected results.
Section I ‐ Test Observers The official logic and accuracy test shall 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 (WAC 434‐335‐290). The observers shall be instructed as election observers, by the County Auditor (WAC 434‐335‐290). The official logic and accuracy test shall be open to candidates, the press, and the public (WAC 434‐335‐290). If any observer hinders or disturbs the Logic and Accuracy process, the County Auditor or representative may remove that observer from the test
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area. An observer who has been removed from a logic and accuracy test may also be barred from future tests. The absence of observers shall not delay or stop the test from being conducted (WAC 434‐335‐290).
Section II –Emergency Test If the official logic and accuracy test cannot be completed at the scheduled time and place, an emergency test shall be scheduled by the County Auditor. The emergency test must be conducted and properly completed prior to the processing of any official ballots through the tabulating system (WAC 434‐ 335‐310). If no representative of the Office of the Secretary of State is able to attend the emergency test, the County Auditor and another member of the County Canvassing Board or their designated representative shall observe the test and certify the results. Observers and notification shall be provided for pursuant to WAC 434‐335‐290 and 434‐335‐320 (WAC 434‐335‐310).
Section III ‐‐ Test Certification The County Auditor or Deputy, the Secretary of State Representative and any political party observers shall certify that the test has been conducted in accordance with RCW 29A.12.130 (WAC 434‐335‐330). Copies of this certification shall be retained by the Secretary of State and the County Auditor and may be posted by electronic media (WAC 434‐335‐330). All programming materials, test results, and test ballots shall be securely sealed until the primary or election (WAC 434‐335‐330).
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Section IV ‐ Test Deck Preparation The test deck or decks used for the official logic and accuracy test will be prepared by the County Auditor’s Office (WAC 434‐335‐445). The County is responsible for preparing the counting system and testing it before the official logic and accuracy test (WAC 434‐335‐440). The ballot counting system shall be fully programmed, cleaned and maintained, tested, and functional before the official logic and accuracy test (WAC 434‐335‐440).
Section V – Optical Scan Test Ballot Selection — State Primary and General Elections Prior to the official logic and accuracy test, the Office of the Secretary of State shall review the provided election materials with the county to ensure it is a representative sample of ballot styles sufficient to cover all offices and issues contained in the election. This representative sample shall constitute the official logic and accuracy test (WAC 434‐335‐450). Section VI – Preparation of logic and accuracy test decks. A test deck of ballots will be prepared and used in the official logic and accuracy test to verify that the vote tabulating system is programmed to correctly count the ballots. The pattern to mark the test deck shall begin by giving the first candidate in each race one vote, the second candidate in each race two votes, the third candidate in each race three votes, etc. Once the pattern is completed for each race and issue, each remaining ballot style must be tested by using a minimum of one ballot that has a first choice marked for each race and issue. Additional votes may be added to ensure all responses for a race or issue have unique results. Another pattern may be used if it meets the requirements outlined in this section and is approved by the secretary prior to marking the test deck.
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The test deck will test that the vote tabulating system is programmed to accurately count write‐in votes, overvotes and blank ballots. The test deck must also include a sampling of all ballots that will be used during the election, including ballot on demand. WAC 434‐335‐445 Section VII – 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. WAC 434‐335‐520.
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Glossary of Terms Administer: To direct or manage; to tender (e.g. by oath). Auditor’s Abstract of Votes: A report prepared by the County Auditor which lists registered voters, votes cast, all of the vote totals by precinct, or by combination of precincts if applicable, and which includes legislative district subtotals, if any, and county‐wide totals. Vote totals in the Auditor’s abstract of votes shall be unofficial until verified and certified by the County Canvassing Board ((WAC 434‐262‐010) (4)). By Lot: An object used in making a choice or determination by chance. The form (i.e. coin toss, number draw, card draw) chosen by the Canvassing Board shall be used for all ties during that election. Canvassing: The process of examining in detail a ballot, groups of ballots, election sub‐totals or grand totals, in order to determine the final official returns of a primary, special or general election, and to safeguard the integrity of the election process ((WAC 434‐262‐010)(1)). Final Processing: The scanning of ballots by an electronic vote tabulation system, but does not include tabulation (WAC 434‐240‐225). Initial Processing: All steps taken to prepare ballots for tabulation, except for the scanning of ballots by an electronic vote tabulation system. Initial processing includes, but is not limited to: Removal of the security envelope from the return envelope; removal of the ballot from the security envelope; manual inspection for damage, for write‐in votes, and for incorrect or incomplete marks; duplication of damaged and write‐in ballots; and other preparation of ballots for final processing (WAC 434‐240‐225). Overvote: A measure or race where two or more voting positions are marked.
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Residence: for the purpose of registering and voting means a person's permanent address where he or she physically resides and maintains his or her home. Scanning area: The portions of each ballot that the system scans in order to read the vote marks made by voters. Tabulation: The production of returns of votes cast regarding candidates or measures in a form that can be read by a person, whether as precinct totals, partial cumulative totals, or final cumulative totals (WAC 434‐240‐225). Target Area or Voting Response Area: The area defined by ballot instructions which the voter places their mark to indicate their vote (WAC 434‐335‐430). Undervote: A race or measure that is un‐voted (no voting position is marked). Voter Intent State: Every effort is made to count each valid vote. Voters are not disenfranchised because they marked a ballot differently than directed. When voter intent can be discerned, votes will be counted.
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Residence: for the purpose of registering and voting means a person's permanent address where he or she physically resides and maintains his or her home. Scanning area: The portions of each ballot that the system scans in order to read the vote marks made by voters. Tabulation: The production of returns of votes cast regarding candidates or measures in a form that can be read by a person, whether as precinct totals, partial cumulative totals, or final cumulative totals (WAC 434‐240‐225). Target Area or Voting Response Area: The area defined by ballot instructions which the voter places their mark to indicate their vote (WAC 434‐335‐430). Undervote: A race or measure that is un‐voted (no voting position is marked). Voter Intent State: Every effort is made to count each valid vote. Voters are not disenfranchised because they marked a ballot differently than directed. When voter intent can be discerned, votes will be counted.
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Appendix A
Delegation of authority to serve on Canvassing Board Appendix A I, Julie Anderson, Pierce County Auditor, hereby designate _____________, to act in my place on the Pierce County Canvassing Board for the time frame noted below. Name of Designee: _______________________________________________________ Title: ___________________________________________________________________ Time Frame of Delegation: _________________________________________________ Signed by: _______________________________________________________________ Such delegation is made under the authority of WAC 434‐262‐015, and in accordance with Chapter 130 of the Washington State Laws.
APPENDIX B
OATH OF COUNTY AUDITOR OR SUPERVISOR OF ELECTIONS
STATE OF WASHINGTON, COUNTY OF PIERCE
) ) ss. )
I solemnly swear that the returns of the Election held on _______________ in Pierce County, State of Washington, have been in no way altered by additions or erasures and that they are the same as when deposited in my office.
_________________________________________ County Auditor or Supervisor of Elections
Subscribed and sworn to before me this ________ day of ______________, 20_____
__________________________________________ Chairperson, Pierce County Council
L:\Word\Elect\Loria\Appendix\AppendixB.doc
Appendix C
Certification of the Canvassing Board STATE OF WASHINGTON COUNTY OF PIERCE
) ) ss. )
The undersigned officers designated by law as constituting the Canvassing Board for the County of Pierce, State of Washington, hereby certify that this is a full, true and correct copy of the Abstract of Votes including the cumulative results, precinct results, and a reconciliation report of votes cast at the ___________ Election held on _______________, in Pierce County, State of Washington, and that the following are the true and reconciled numbers of voters and votes counted.
Witness our hands and official seal this ___ day of__________, ____
__________________________________________ County Auditor or Supervisor of Elections
__________________________________________ Chairman, County Legislative Authority
__________________________________________ County Prosecuting Attorney
Appendix D
~~ . ~. Audlto,'. >;.""~
Primary Election August 17, 2010 Deadlines -Voter Registration
Moved? Monday, July 19 is the last day to change your address for yoter registration. New to the area? Monday, August 9 is the last day to become a new regis . tered voter in Washington State.
Individuals with Disabilities Accessible voting units can be found at the Pierce County Election Center
beginning Wednesday, July 28.
Office hours are 8:30 a.m. to 4:30 p.m. Monday· Friday.
On Election Day, August 17, the hours are 7:00 a.m. to 8:00 p.m.
Public Meetings
The Canvassing Board of Pierce County, pursuant to chapter 29A.60 RCW,
will hold public meetings at the dates and times listed below. These meet
ings are open. public meetings. A record of the meeting is maintained in the
County Auditor's Office and is available for public inspection and copying.
Preparation of Voting Systems
Canvassing Board Meeting
july 14. 2010 - July 26, 2010 7:00 a.m. 5:00 p.m.
(extended hours, if necessary)
August 27, 2010,1:00 p.m.
Logic and Accuracy July 26,2010,9:00 a.m.
Processing of Ballots August 2. 2010 - September 1, 2010 8:00 a.m. - 5:00 p.m. (extended hours, if necessary)
Election Results August 17, 2010, approximately 8:15 p.m.
Certification of Election September 1, 2010, 11 :00 a.m.
Location: All meetings and activities will be conducted at: Pierce County Election Center 2501 South 35th Street, Suite C, Tacoma
Pierce County Elections Division 2501 5 35th St. Suite C Tacoma. WA 98409
www.piercecountvwa.org/elections (253) 79B-VOTE or (800) 446-4979
Pierce County
piercecountywa.org/auditor [email protected]
Auditor’s Office
Julie Anderson Pierce County Auditor
Lori Augino Deputy Auditor
LaTasha Smith Assistant to the Auditor
Mary Schmidtke Fiscal Manager
Michael Rooney Elections Manager
Mary Johnson-Hall Elections Supervisor
Casey Kaul Recording/Licensing Supervisor
Brian Boman Animal Control Supervisor
Auditor’s Office 2401 S 35th St, Rm 200 Tacoma, WA 98409
Appendix E October 5, 2012 Party Chair Pierce County XXX Party Chairperson Address City St, Zip Dear XXX: The November 6, 2012 General Election is quickly approaching. I would like to take this opportunity to provide you with our timelines, so you may schedule your observers accordingly. Please see the attached calendar for details. Staff hours may be adjusted based on voter turnout. We will notify your observer coordinator of any schedule changes. Observers should report to the Auditor’s Election Center at 2501 South 35th Street, Suite C, Tacoma, WA 98409. Please enter through the Customer Service entry, ring the door bell at the end of the hall, and announce themselves as “Observers.” One observer is expected to be scheduled for each four hour shift during normal processing. Please provide us a copy of your observer schedule. We appreciate your participation in this program. If you have any questions, please do not hesitate to contact Rebecca Brauhn, Elections Specialist at (253) 798‐2110, or [email protected]. Sincerely, Mike Rooney Pierce County Elections Manager
Administration P 253.798.3189 F 253.798.3182
Recording P 253.798.7440 F 253.798.2623
Licensing P 253.798.3649 F 253.798.3701
Animal Control P 253.798.7387 F 253.798.7004
Election Center 2501 S 35th St, Ste C Tacoma, WA 98409
P 253.798.8683 F 253.798.2761 P 800.446.4979
Pierce County
piercecountywa.org/auditor [email protected]
Auditor’s Office
Appendix F Julie Anderson Pierce County Auditor
Lori Augino Deputy Auditor
LaTasha Smith
Subject: Unsigned declaration on ballot envelope
Assistant to the Auditor
Mary Schmidtke Fiscal Manager
Dear Voter, We can’t count your ballot, but it’s not too late. You did not sign the voter declaration on your ballot envelope. If you resolve this by 4:30 p.m. August 20, 2012, your vote will count.
Michael Rooney Elections Manager
Mary Johnson-Hall Elections Supervisor
To make your vote count, sign the voter declaration below. 1. Return it in the postage paid envelope. 2. If you can’t sign your name, mark it with an X and have two witnesses sign it. 3. Signature using Power of Attorney is not valid.
Casey Kaul Recording/Licensing Supervisor
Questions? Call or write the Elections Division: 2501 S. 35th Street, Suite C Tacoma, WA 98409
Brian Boman Animal Control Supervisor
253‐798‐3695 1‐800‐446‐4979
[email protected] Voter Declaration I do solemnly swear or affirm under penalty of perjury that I am: a citizen of the United States; a legal resident of the state of Washington; at least 18 years old on Election Day; voting only once in this election; not ineligible to vote due to a felony conviction; and not disqualified from voting due to a court order. It is illegal to forge a signature or cast another person’s ballot. 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.
_________________________________ Signature __________________________________ Witness No. 1
__________________________________ Date __________________________________ Witness No. 2
Auditor’s Office 2401 S 35th St, Rm 200 Tacoma, WA 98409
Administration P 253.798.3189 F 253.798.3182
Recording P 253.798.7440 F 253.798.2623
Licensing P 253.798.3649 F 253.798.3701
Animal Control P 253.798.7387 F 253.798.7004
Election Center 2501 S 35th St, Ste C Tacoma, WA 98409
P 253.798.8683 F 253.798.2761 P 800.446.4979
Pierce County
piercecountywa.org/auditor [email protected]
Auditor’s Office
Julie Anderson Pierce County Auditor
Lori Augino Deputy Auditor
LaTasha Smith Assistant to the Auditor
Mary Schmidtke Fiscal Manager
Michael Rooney Elections Manager
Mary Johnson-Hall Elections Supervisor
Casey Kaul Recording/Licensing Supervisor
Brian Boman Animal Control Supervisor
Appendix G Subject: Signature on ballot envelope doesn’t match
Dear Voter, We can’t count your ballot because the signature on your ballot envelope does not match the signature in the voter registration file. But it’s not too late. To make your vote count you must fill out and sign the SIGNATURE UPDATE FORM on the back of this letter and
Return it to us in the enclosed postage‐paid return envelope.
Your signature must match what you signed on your ballot envelope.
This will become the signature in your voter registration record.
If you resolve this by 4:30 p.m. August 20, 2012, your ballot will be counted. Questions? Call or write the Elections Division: 2501 S. 35th Street, Suite C Tacoma, WA 98409 1‐800‐446‐4979 253‐798‐3695 e‐mail: [email protected]
Auditor’s Office 2401 S 35th St, Rm 200 Tacoma, WA 98409
Administration P 253.798.3189 F 253.798.3182
Recording P 253.798.7440 F 253.798.2623
Licensing P 253.798.3649 F 253.798.3701
Animal Control P 253.798.7387 F 253.798.7004
Election Center 2501 S 35th St, Ste C Tacoma, WA 98409
P 253.798.8683 F 253.798.2761 P 800.446.4979
Appendix H
Delegation of Authority xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx We, the members of the Pierce County Canvassing Board, authorize the Auditor’s Office election staff to xxxxxxxxxxxxxxxxxxx xxxxx Xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx xxxxxxxxxxxxx xxxxxxxxxxxxxxxx xxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxx xxxxxxxxxxxxxxx as stated in the County Canvassing Board Policies and Procedures manual for all elections held in 20xx.
ADOPTED BY THE Pierce County Canvassing Board this xxnd day of xxxxxxxx, 20xx.
________________________________________ Pierce County Auditor
________________________________________ Pierce County Council Chair or designee
________________________________________ Pierce County Prosecuting Attorney or designee
Appendix I
Signature Verification Oath
Election Date:______________
Per WAC 434-379-020, a signature will be matched to the signature on file in the voter registration record using the following methods. 1. Agreement in style and general appearance, including basic construction, skill, alignment, fluency, and a general uniformity and consistency between signatures; 2. Agreement in the proportions of individual letters, height to width, and heights of the upper to lower case letters; 3. Irregular spacing, slants, or sizes of letters that are duplicated in both signatures; 4. 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. I will analyze, compare and evaluate the signature as it appears on the return envelope with the signature as it appears on the voter registration record. I will validate the ballot if in my judgment the same person signed both. I understand that a variation of the signature due to the substitution of initials or the use of common nicknames is permitted so long as the handwriting is clearly the same. I will challenge any ballot which does not meet the above requirements or appears to have been signed by someone other that the voter to whom it was issued. In making this determination, I will take into account the natural variations and characteristics inherent in all signatures. I understand the above requirements and by signing below I acknowledge that I have received training for the verification of signatures and agree to uphold this oath:
Print Name
Signature
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Date
Appendix K
Delegation of Authority Recounts We, the members of the Pierce County Canvassing Board, authorize and give the Pierce County Auditor, at any time a recount is called, to continue to work, to set costs for the recount and to complete the election, as designated in the County Canvassing Board Policy Manual for all elections held in __________________. ADOPTED BY THE Pierce County Canvassing Board this ____ day of ___________________, 20___.
_______________________________________ Pierce County Auditor or designee
_______________________________________ Pierce County Council Chair or designee
_______________________________________ Pierce County Prosecuting Attorney or designee