HomeMy WebLinkAbout2023 CB Manual - 2024 Draft JEFFERSON COUNTY
Canvass Board Manual
DECEMBER 11, 2023
JEFFERSON COUNTY ELECTIONS
1820 Jefferson St. Port Townsend, WA 98368
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TABLE OF CONTENTS- JEFFERSON COUNTY CANVASSING BOARD MANUAL
Chapter 1 General Information .................................................................................................................... 4
Section 1 - Canvassing Board Authorization, Definition and Responsibilities ................................. 4
Section 2 - Purpose of the Manual .................................................................................................. 4
Chapter 2 The Canvassing Board ................................................................................................................. 5
Section 1 - Members ........................................................................................................................ 5
Section 2 - Terms of Membership .................................................................................................... 5
Section 3 - Delegation of Authority ................................................................................................. 5
Chapter 3 Meetings ...................................................................................................................................... 6
Section 1 - Meeting Locations .......................................................................................................... 6
Section 2 - Regular Meetings ........................................................................................................... 6
Section 3 - Special Meetings ............................................................................................................ 6
Section 4 - Public Meetings .............................................................................................................. 6
Section 5 - Quorum .......................................................................................................................... 6
Section 6 - Decisions of the Canvassing Board ............................................................................. 6-7
Chapter 4 Election Security .......................................................................................................................... 8
Chapter 5 Mailing Authority ........................................................................................................................ 9
Section 1 - Postage Rates ................................................................................................................. 9
Section 2 - Return Postage ............................................................................................................... 9
Chapter 6 Review of Ballot Envelopes ....................................................................................................... 10
Section 1 – Ballot Security ............................................................................................................. 10
Section 2 - Review of Returned Ballots Envelopes ....................................................................... 10
Section 3 - Verification of Signature and Return Date .............................................................. 10-11
Section 4 - Guidelines for Resolving Signature Issues .............................................................. 11-13
Section 5 - Special Absentee Ballots .............................................................................................. 13
Section 6 - Electronic Ballots ..................................................................................................... 13-14
Section 7 - Challenged Voter Registration Ballot ........................................................................... 14
Section 8 - Preparing for the Canvassing Board ............................................................................. 14
Chapter 7 Statutory Guidelines for Ballot Review .................................................................................... 15
Section 1 - Processing Mail-in Ballots ............................................................................................ 15
Section 2 - Ballots that Require Canvassing Board Determination ........................................... 15-16
Section 3 - Guidelines for Ballot Review ................................................................................... 16-17
Section 4 – Preparing Ballot for Canvassing Board Review ........................................................... 17
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Section 5 – Processing Ballots for Canvassing Board Review ........................................................ 17
Section 6 – Official County Canvassing Report and Certification .................................................. 18
Chapter 8 Voter Registration Challenges .................................................................................................. 19
Section 1 – Duty of Canvassing Board............................................................................................ 19
Section 2 – Procedures for Challengers ......................................................................................... 19
Section 3 – Rights of Challenged Voters ........................................................................................ 19
Section 4 – Procedures for Auditor ........................................................................................... 19-20
Section 5 – Processing a challenged Voter’s Ballot........................................................................ 20
Section 6 – Time of Hearing ........................................................................................................... 20
Section 7 – Presumption ................................................................................................................ 20
Section 8 – Burden and Standards of Proof ................................................................................... 20
Section 9 – Evidence ...................................................................................................................... 20
Section 10 – Decision ..................................................................................................................... 20
Section 11 – Remedies ................................................................................................................... 21
Chapter 9 Guidelines for Voting Requirements and Transfers of Voter Registration ............................. 22
Section 1 – Constitutional Requirements to Vote ......................................................................... 22
Section 2 – State Law Regarding Voter Registration Transfers ................................................ 22-23
Chapter 10 Provisional Ballots ................................................................................................................... 24
Section 1 – Provisional Ballots ....................................................................................................... 24
Section 2 – Processing Provisional Ballots ................................................................................ 24-25
Section 3 – Reporting ..................................................................................................................... 25
Chapter 11 Ties ........................................................................................................................................... 26
Section 1 – Primary ........................................................................................................................ 26
Section 2 – Final Election ............................................................................................................... 26
Section 3 – Recount ....................................................................................................................... 26
Chapter 12 Recounts .................................................................................................................................. 27
Section 1 – Requested Recount ..................................................................................................... 27
Section 2 – Mandatory Recount ............................................................................................... 27-28
Section 3 – General Procedures for All Recounts ..................................................................... 28-29
Section 4 – Special Procedures for Requested Recount ................................................................ 29
Section 5 – Authority to Recanvass ............................................................................................... 30
Section 6 – Posting Results of the Recount ................................................................................... 30
Chapter 13 Manual Recount of Ballots ...................................................................................................... 31
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Section 1 – When is a Manual Recount Required? ........................................................................ 31
Section 2 – Manual Recount Process ............................................................................................. 31
Section 3 – Recording the Recount ........................................................................................... 31-32
Section 4 - Completion ................................................................................................................... 32
Random Audit Procedures ......................................................................................................................... 33
Ballot Duplication Procedures ................................................................................................................... 34
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CHAPTER 1 – GENERAL INFORMATION
Section 1- Jefferson County Canvassing Board – Authorization, Definition, and Responsibilities.
A. Authorization: The Jefferson County Canvassing Board (“Canvassing Board”) is established under
the authority of Chapter 29A.60 RCW, to canvass the returns of all elections.
B. Definition: Canvassing is the process of examining in detail a ballot, groups of ballots, election
subtotals 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) and
RCW 29A.04.013).
C. Responsibilities:
1. Processing ballots (Authority: RCW 29A.40.110 and WAC 434-250-110).
2. Verifying and certifying results (Authority: RCW 29A.60.070, 29A.60.200 and, WAC 434-
262-010(3).
3. Determining the validity of all questionable, challenged and provisional ballots
(Authority: RCW 29A.60.140(3), and WAC 434-262-010(2), and WAC 434-261-120).
4. Determining voter intent in accordance with the Washington Voter Intent Manual
published by the Secretary of State (Authority: WAC 434-261-086).
5. Rejecting ballots or parts of ballots (Authority: RCW 29A.60.040, RCW 29A.60.50, WAC
434-262-031).
6. Determining tie votes by lot (Authority RCW 29A.60.221).
7. Resolving discrepancies in results (Authority: WAC 434-262-050 and WAC 434-262-060).
8. Scheduling and conducting recount elections (Authority: RCW 29A.64.021).
9. Adopting administrative rules (Authority: RCW 29A.60.140(4)).
Section 2- Purpose of the Canvassing Board Manual.
This manual serves as the local administrative rules governing the canvassing process in Jefferson County.
Applicable state statutes and administrative regulations are cited where possible. Portions of this manual
that do not specifically refer to statutory or regulatory authority are guidelines based on past practices
and decisions of the Canvassing Board.
This manual is provided to promote consistency in Canvassing Board decisions, however, each factual
question before the Canvassing Board shall be reviewed on a case-by-case basis. In the event of a conflict
between this manual and a state statute or state administrative regulations, the state statute or
administrative regulation shall control. Finally, a state statute shall where a conflict exists with any state
administrative regulation.
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CHAPTER 2 – THE CANVASSING BOARD
Section 1- Members
The Canvassing Board consists of three members (RCW 29A.60.140).
1. The County Auditor, who chairs the Canvassing Board, or their designee, who shall be a Deputy
County Auditor, provides expertise in the election process;
2. The County Prosecuting Attorney or their designee, who shall be a Deputy Prosecuting Attorney,
provides legal perspective; and,
3. The Chair of the Board of County Commissioners or their designee, who shall be a member of the
Board of County Commissioners, provides the perspective of a voter.
Designations shall be done in writing and filed in the office of the County Auditor no later than the
day before the first day duties are to be undertaken. (RCW 29A.60.140).
Members designated to the Canvassing Board may not include persons who are candidates for an
office to be voted upon at the primary or election to be canvassed, unless no other persons qualify. If
no other persons qualify, the Canvassing Board member who is a candidate shall not make decisions
of the voter’s intent on any vote cast for that specific office. (RCW 29A.60.150).
Section 2- Terms of Membership
Members of the Canvassing Board shall serve for the duration of their terms of office as elected officials.
A person designated to the Canvassing Board may be designated for a particular election or permanently.
If designated permanently, the designee shall remain on the Canvassing Board for the duration of their
designator’s term of office or until such designation is revoked or changed. (RCW 29A.60.140).
Section 3- Delegation of Authority
The Canvassing Board may delegate, in writing, to members of the Elections Division Staff the
performance of routine duties of canvassing ballots returns and counting ballots as permitted by these
administrative rules. The written delegation of authority shall be filed with the County Auditor prior to
any delegates undertaking any action on behalf of the Canvassing Board. In no instance may members of
the Canvassing Board delegate the responsibility of certifying the returns of any primary or general
election, of determining the validity of ballots, or of rejecting ballots to anyone other than a person
authorized by law to act on their behalf. (RCW 29A.60.140 and WAC 434-262-015).
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CHAPTER 3 – MEETINGS
Section 1- Meeting Locations
Unless otherwise specified in a public notice, the Canvassing Board shall meet in the Jefferson County
Auditor’s Office, located in the Jefferson County Courthouse 1820 Jefferson Street, Port Townsend, WA
98368.
Section 2- Regular Meetings
Canvassing and Certifying Elections
The County Auditor shall publish notice of the meetings of the Canvassing Board as required by Chapter
42.30 RCW and WAC 434-262-025.
The Canvassing Board shall meet to canvass ballots and certify the election no later than the statutory
deadline for election certification. (RCW 29A.60.190).
Section 3- Special Meetings
The Canvassing Board may meet at any time to perform its 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 4- Open Public Meetings
All meetings of the Canvassing Board are open public meetings under Chapter 42.30 RCW and shall be
appropriately noticed and shall be continued until the activity for which the meeting held is completed. A
record of the proceedings of the Canvassing Board shall be made and maintained in the County Auditor’s
Office and shall be made available for public inspection and copying. (RCW 29A.60.140(5)).
Section 5- Quorum
All Canvassing Board members or their designee are expected to be present for Canvassing Board
meetings. However, two-thirds of the members shall constitute a quorum, except for certification, which
shall require all members. (RCW 29A.60.200).
Section 6- Decisions of the Canvassing Board
A majority vote, defined as two of three votes, is required for all Canvassing Board decisions and actions.
Decisions of the Canvassing Board are final and not subject to appeal, except as provided under statutory
provisions for contesting elections.
Exceptions when Canvassing Board member is a Candidate: If no person is available to serve on the
Canvassing Board who is not a candidate at the primary or election, the person who is a candidate shall
not make decisions regarding the determination of a voter’s intent with respect to a vote cast for that
specific office; the decision shall be made by the other two members of the Canvassing Board.
If the two remaining Canvassing Board members disagree, the vote shall not be counted unless the
number of those votes could affect the results of the primary or election, in which case the Secretary of
State or a designee shall make the decision on those votes. This section does not restrict participation in
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decision as to the acceptance or rejection of entire ballots cast, unless the office in question is the only
one for which the voter cast a vote. (RCW 29A.60.150).
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CHAPTER 4 – ELECTION SECURITY
The Jefferson County Auditor’s Office is a public facility which provides for the secure processing of ballots
and ballot tabulation in compliance with state law.
Election employees are required to wear a county badge that identifies them as employees of Jefferson
County while working in the Auditor’s Office. Two election employees need to be present in any area with
unsecured ballots.
Secured storage can be a container, room or cage. Secure storage uses numbered, tamper evident seals
and logs to detect inappropriate access.
The tabulation system is wholly contained in a secure location, and the secure location employs the same
security measures as ballot containers. (WAC 434-261-045). Access to tabulation system is further limited.
Only a small number of persons who perform work in this area are authorized to enter. The tabulation
system is fully air-gapped, meaning the system is physically segregated and incapable of connecting
wirelessly or physically with other computers or network devices. Air-gaps protect critical computer
systems or data from potential cyber-attacks.
Visitors who enter the processing area are required to sign-in, wear a visitor’s badge, and be escorted at
all times. Visitors shall remain in designated seating areas and may not engage in disruptive behavior.
Elections Division Staff shall take appropriate action to maintain overall security. Members of the public
who fail or refuse to remain seated in designated seating areas, or who engage in disruptive behavior,
may be removed from the Auditor’s Office.
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CHAPTER 5 – MAILING AUTHORITY
Section 1- Postage Rates
All initial outbound mailings from the Jefferson County Elections 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, 52 U.S. Code Chapter 205.
Subsequent ballot mailings and replacement ballot mailings are mail as first-class mail.
Section 2- Return Postage
All inbound ballots shall be postage paid via a business reply mail permit, no postage required for voters.
Absentee ballots for overseas voters and service voters shall be sent with free return postage if the ballot
is mailed at a post office established outside the United States, including, United States Armed Forces
Postal Service, or the postal service of a United States foreign embassy per 39 U.S. Code §3406.
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CHAPTER 6 – REVIEW OF BALLOT ENVELOPES
Section 1- Ballot Security
Processing Ballots: Ballots shall not be removed from the return envelopes until the signature verification
is completed. Processing shall be performed in accordance with the provisions of RCW 29A.40.110 and
Chapters 434-250, 434-261, and 434-262 WAC. Opened ballots shall be locked and sealed until they are
tabulated.
Section 2- Review of Returned Ballot Envelopes – Time of Voting (RCW 29A.40.110 & WAC 434-250-
120).
Elections Division Staff shall examine the postmark and declaration signature on each ballot return
envelope before processing the ballot. (See Chapter 6, Section 3 below for signature verification.)
A. Valid Time of Voting. To be counted, the ballot shall either be:
a. Received no later than 8:00 pm (Pacific Time) on the day of the primary or election; or,
b. Postmarked no later than the day of the election and received no later than the day before
certification of the election. (WAC 434-250-120(1)(d)).
B. Postmark Missing or Illegible. If the postmark is missing or illegible, the date on the ballot
declaration to which the voter has attested determines the time of voting. To be counted, the
ballot declaration shall not be later than the date of the election. If the postmark is missing or
illegible and the voter did not include a date with their signature, the County Auditor, Elections
Division Staff or Canvassing Board members may use available U.S. Postal Service tools to verify
the date of mailing.
C. Non-qualifying postmark. Postage that includes a date, such as meter postage or a date stamp,
does not qualify as a postmark.
D. Overseas and Service Voters.
a. For overseas and service voters, the date on the ballot declaration determines the time
of voting; to be counted, the ballot declaration date shall be no later than the date of the
election.
b. An overseas and service voter may return the signed declaration and voted by fax or email
by 8:00pm on Election day. The County Auditor and Election Division Staff shall maintain
the secrecy of the ballot.
E. Ballots Voted After Election Day. Ballots voted after the election shall not count.
a. No credit for voting. A voter may not be credited for voting if the ballot was voted after
Election Day, was received and bearing a postmark after election day.
Section 3- Verification of Signature and Return Date
Elections Division Staff shall examine the declaration signature and return date on each ballot return
envelope containing a ballot as directed by WAC 434-250-120. (See Chapter 6, Section 2 above for return
date validation.)
A. Ballot Declaration Signature. A mail ballot shall be counted if the ballot declaration is signed with
a valid signature. (WAC 434-250-120(1)(b)).
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B. Comparison of Signatures. The Elections Division Staff shall verify that the voter’s signature on
the ballot declaration is the same as the signature of that voter on the voter registration file. (RCW
29A.40.110(3)).
C. Signature Verification Standards. Elections Division Staff shall verify each ballot declaration
signature using the standards established in WAC 434-379-020. (WAC 434-250-120(1) (c)).
1. Agreement in style and general appearance, including basic construction, skill, alignment,
fluency, and a general uniformity and consistency between signatures;
2. Agreement in proportions of individual letters, height to width, and heights of upper to
lower case letters;
3. Irregular spacing, slants, or sizes of letter that are duplicated in both signatures; and,
4. After considering the general traits, agreement of the most distinctive, unusual traits of
signatures.
A single distinctive trait is insufficient to conclude that the signatures are the same writer.
There shall be a combination or cluster of shared characteristics. Likewise, there shall be a
cluster of difference to conclude that the signatures are by different writers.
D. Referral of Non-matching Signatures to Canvassing Board. Any returned ballot envelope where
Division Staff have made a determination that the signature is not a reasonable match shall be
referred to the Canvassing Board for rejections individually, in batches, or as a part of a report of
ballots presented to the Canvassing Board. (RCW 29A.60.050 and WAC 434-262-015).
E. Deadline for Curing Signature Issues. Signatures that have been rejected may be
reconciled/cured no later than the day before certification by the voter in accordance with WAC
434-261-050.
Section 4- Guidelines for Resolving Signature Issues
A. Unsigned Ballot Declaration.
1. Notify the voter by mail. If the voter neglects to sign the ballot declaration, the County
Auditor shall notify the voter by first class mail of the correct procedures for completing
the unsigned declaration. (RCW 29A.60.165(1) and WAC 434-261-050(1)).
2. Notify the voter by phone. If the ballot is received within three (3) business days of the
final meeting of the Canvassing Board, or the voter has been notified by first class mail
and has not responded at least three (3) business days before the final meeting of the
Canvassing Board, then the County Auditor shall attempt to notify the voter by telephone,
using the voter registration record information. (RCW 29A.60.165(1) and WAC 434-261-
050(1)).
3. In order for the ballot to be counted, the voter shall either: (WAC 434-261-050(2)).
i. Appear in person and sign the declaration no later than the day before
certification of the primary or election;
ii. Sign a copy of the declaration or;
iii. Mark the declaration in front of two witnesses, and return it to the County
Auditor no later than the day before certification of the primary or election.
The signed declaration may be returned by mail, email, or fax per WAC 434-208-060(1)(g).
B. Mismatched Signature on Ballot Declaration.
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1. Notify the voter by mail. If the handwriting of the signature on the ballot declaration is
not the same as the handwriting of the signature in the registration file, the County
Auditor shall notify the voter by first class mail, enclosing a copy of the declaration, and
advise the voter of the correct procedures for updating their signature on the voter
registration file. (RCW 29A.60.165(2)).
2. Notify the voter by phone. If the ballot is received within three (3) business days of the
final meeting of the Canvassing Board, or the voter has been notified by first class mail
and has not responded at least three (3) business days before the final meeting of the
Canvassing Board, then the County Auditor shall attempt to notify the voter by telephone,
using the voter registration record information. (RCW 29A.60.165(2)).
3. In order for the ballot to be counted, the voter shall either: (WAC 434-261-050(3)).
i. Appear in person and sign the declaration no later than the day before
certification of the primary or election; or,
ii. 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 29.08.230,
and return it to the County Auditor no later than the day before certification of
the primary or election. The signature on the signature update form shall match
the signature on the returned ballot declaration. (WAC 434-261-050(3)(b)). The
signature provided on the signature update form becomes the signature in the
voter registration record for the current election and future elections. The
signature update form may be returned by mail, email, or fax per WAC 434-208-
060(1)(g).
4. Name variations may be counted when: (WAC 434-261-050(4)).
i. Signed with different last name. If the signature on the declaration does not
match the signature on the registration record because the last name is different,
the ballot may be counted as long as the first name and handwriting are clearly
the same. If the information required to complete a name change is not provided
or is illegible, the County Auditor shall send the voter a change-of-name form
under RCW 29A.08.440 and direct the voter to complete the form. (RCW
29A.60.165(2)(b)).
ii. Signed with middle name, nickname, or initials. If the signature on the ballot
declaration does not match the signature on the registration record because the
voter signed with a middle name, nickname, or initials, the ballot may be counted
as long as the first or last name (whichever is applicable) and handwriting are
clearly the same. (RCW 29A.60.165(2b-c) and(WAC 434-261-050(4a-b)).
5. Signature by Another Registered Voter on Ballot Declaration. (WAC 434-261-050(5)).
The ballot may be counted for the registered voter who actually signed the ballot
declaration if:
i. The voter who signed the declaration can be identified;
ii. The signature on the declaration matched the signature on the voter registration
record; and,
iii. The voter who signed the declaration has not returned another ballot.
The County Auditor shall not count the races and measures for which the voter who
signed the declaration is not eligible to vote.
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6. Replacement Ballot for Ballot Addressee. (WAC 434-261-050(7)).
If it is determined that the signature on a ballot declaration does not match the signature
on the registration record and, prior to 8:00 pm on election day, and the registered voter
asserts that the signature on the ballot declaration is not their signature, then the voter
may be provided the opportunity to vote a replacement ballot.
C. Voter Unable to Sign Ballot Declaration.
1. Ballot Declaration Signed by Two Witnesses. If a voter is unable to sign their name, and
the ballot envelope is returned with a mark other than a signature, the ballot shall be
counted if two other persons have witnessed the voter’s mark by signing their own
names. (WAC 434-250-120(1)(b)(i)).
2. Ballot Declaration Signed by Power of Attorney. A ballot with a stamped signature
accompanied by two witness signatures is an acceptable mark. (WAC 434-250-120(1)(b)(i)
and 434-261-050(6)(a)).
D. Record Keeping. A record shall be kept of the date on which the voter was contacted, the date on
which the notice was mailed to the voter, and the date on which the voter signed the copy of the
voter declaration (RCW 29A.60.165).
Section 5- Special Absentee Ballots.
A. General Processing. Special absentee ballots (ballots issued before ballots are received from
printer), as authorized by RCW 29A.40.050, shall be canvassed in the same manner as regular
ballots. (RCW 29A.40.050(3)).
B. Special and Regular Ballots Both Voted. If a regular ballot and a special absentee ballot are both
properly voted and returned by the same voter, the special absentee ballot shall be void and
rejected in its entirety. (RCW 29A.40.050(4)).
Section 6- Electronic Ballots.
A. Requests for Electronic Ballots. Request for electronic ballots may be made by mail, by phone, in
person, by fax, or email. The 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. (WAC 434-250-080).
B. Sending a Ballot by Fax or Email. A ballot format may be faxed or emailed to a voter along with
pertinent instructions for return of the ballot, a ballot privacy sheet, a ballot declaration and a
return envelope template.
C. Electronic Ballot Returns. Consistent with WAC 434-250-080 concerning replacement ballots, the
first valid ballot received is accepted; any additional ballots subsequently received from the voter
are not counted but sent to the Canvassing Board for informational purposes only.
1. Electronic Ballots Returned by mail. If a faxed or emailed ballot is returned by mail or
ballot drop box, the ballot shall be processed in the same manner as a regular ballot, with
the electronic ballot duplicated to a regular ballot that can be read by the automated vote
tallying system.
2. Ballots Returned by Fax or Email–Service and Overseas Voters. Only service and overseas
voters can submit ballots by fax or email. (WAC 434-250-120(1)(d)(iii)) Any service and/or
overseas ballot returned by fax or email shall be counted (if it meets other criteria for
service and/or overseas ballots per federal law) as long as it is received by 8:00 pm Pacific
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Time on Election Day. (WAC 434-208-060(1)(d)) The County Auditor shall apply
procedures to protect the secrecy of the ballot. If returned by email, print the email and
signed declaration page, then process and retain like other ballots. Electronic versions of
these items are exempt from public disclosure. (WAC 434-250-120(5)).
3. Ballot Returned by Fax or Email–Non-Service and Non-Overseas Voters. For electronic
ballots received from non-service and non-overseas voter, the County Auditor shall
immediately contact the voter and notify them that they shall return their ballot by mail
or ballot drop box. Only the ballot received by mail or ballot drop box shall be counted.
The electronic ballot shall be sent to the Canvassing Board for rejection if the voter did
not return the ballot by mail or ballot drop box. (WAC 434-250-120(5)(b)).
Section 7- Challenged Voter Registration Ballot.
If a challenged voter’s ballot is received, the ballot shall be treated as a challenged ballot when the
signature on the return envelope is verified. (RCW 29A.08.820(2)(b)). (Refer to Chapter 8 for Voter
Registration Challenge guidelines.)
Section 8- Preparing for the Canvassing Board
Ballots to be presented to the Canvassing Board for review and determination shall be prepared in
accordance with Chapter 7, Section 4 of this manual.
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CHAPTER 7 – STATUTORY GUIDELINES FOR BALLOT REVIEW
Section 1- Processing Mail-in Ballots
Prior to initial processing of ballots, the County Auditor shall notify the Chair of the Board of County
Commissioners and the observer coordinator 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. Political
party observers shall complete observer training. Failure by a political party to appoint or attend shall not
delay the processing or tabulation of ballots. (WAC 434-250-110(2)).
The Jefferson County Auditor’s Office maintains a list of observers who have completed the observer
training and are authorized to enter the ballot processing area.
All Elections Division Staff assigned to signature verification shall subscribe to an oath administered by the
County Auditor. All Elections Division Staff assigned to verify signatures shall receive training on statewide
standards for signature verification. Local law enforcement, state officials, or local officials may instruct
those Elections Division Staff in techniques used to identify forgeries. (RCW 29A.40.110(3) and WAC 434-
250-120(4)).
A. Initial Processing. Initial processing includes all steps taken to prepare the ballot for tabulation.
The steps include verifying signatures, opening envelopes, removing ballots, manually inspecting
ballots for damage or incorrect marks and duplicating ballots as required in order to be read
correctly by the vote tallying system at final processing. (WAC 434-250-110 1)).
The Elections Division Staff shall ensure that all security envelopes and return envelopes are
empty by a visual inspection of the punched hole in the security envelop. (WAC 434-250-110(4)).
After initial processing, all ballots shall be kept in secure storage until they are ready for final
processing. (RCW 29A.40.110(2) and WAC 434-250-110(4)).
B. Final Processing. Final processing consists of scanning ballots on the DS950 digital ballot scanners.
Valid ballots are scanned by batch in the tabulation room. No tabulation occurs during the
scanning process; instead, a digital picture of the ballot is stored on the machine until it is
uploaded to a secure USB drive. Scanning may start at any time after initial process is completed.
C. Tabulation. Tabulation is the production and release of election results, that may begin after 8:00
pm on Election Day. The County Auditor tabulates ballots on an electronic, digital scan vote
tabulation system. (WAC 434-250-110(1)(c) and (6)).
Section 2- Ballots that Require Canvassing Board Determination
Elections Division Staff are directed to count all ballots that have been properly marked according to ballot
instructions or as otherwise required by statute. The Canvassing Board shall review any ballot in question
before a determination is made whether to count, unless otherwise provided in this section. (RCW
29A.60.050).
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If the following situations arise, all ballots concerned shall be delivered to the Canvassing Board for review,
and a determination shall be made whether the ballots shall be counted, partially counted, or rejected:
A. Voter Intent Questions
1. If the voter’s intent cannot be clearly discerned due to irregular marks, written notes, or
inconsistent voting pattern, the Canvassing Board shall use the statewide standards set
forth by the Secretary of State in the voter intent manual when determining how to count
a ballot or an individual vote. (WAC 434-261-086).
2. If, after examining the voter intent manual, the voter’s intent can be determined with
reasonable certainty, that ballot shall be counted.
3. 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 Canvassing
Board. (WAC 434-261-086(1)(s)).
B. Voter Eligibility. Any ballot where the voter’s eligibility to cast the ballot is in doubt. (Examples:
voter is not registered to vote, or voter has validly transferred out of state).
C. Challenged Voter’s Registration. Any ballot of a voter whose registration has been challenged
within the time limits described by law. (See Chapter 8 of this manual.).
D. Ballot Security Issue. Any ballot whose security may have been compromised because of
mishandling. (Examples: ballots that have not remained in the custody of the Elections Division
Staff; or ballots that have not been properly sealed in a ballot transport carrier, in the ballot
processing center, or in the voting center.)
E. Vote(s) on Any Form other than a Ballot. (WAC 434-261-075).
1. Other Form Only Returned. If the voter returns responses on any form other than a ballot
(such as a voter pamphlet or sample ballot) by marking or otherwise clearly indicating
their choice on the form, the votes shall be acceptable and tallied provided that a valid
signature on a ballot declaration is received, and only votes for offices or measures for
which the voter is eligible are counted. The votes shall be duplicated to a ballot that can
be read by the electronic voting equipment.
2. Other Form and Ballot Returned. If a marked form and a voted ballot are returned, the
ballot as voted shall count unless the voter provides additional clearly written instructions
directing how the vote should be counted.
3. Ballot from a Previous Primary or Election Returned. Votes from a previous primary or
election cannot be counted for another primary or election. These ballots shall be
rejected per WAC 434-262-031.
Section 3 – Guidelines for Ballot Review.
A. An entire ballot shall be rejected if:
1. It is found folded together with another ballot. (RCW 29A.60.040). (Note: See variation in
WAC 434-262-031(2)(a)(i), (ii), (iii) and in reference C (1) below); or,
2. It is cast by a voter not qualified to vote. (WAC 434-262-031).
B. Those parts of a ballot are invalid and no votes may be counted for those issues or offices per
RCW 29A.60.040 where:
1. More votes are cast for the office or issue than are permitted by law;
2. Write-in votes do not contain all of the information required under RCW 29A.60.021; or,
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3. That issue or office is not marked with sufficient definiteness to determine voter’s choice
or intention.
C. Ballots or parts of ballots shall be rejected by the Canvassing Board in the following instances
per WAC 434-262-031:
1. Where two voted ballots are returned together with only one valid signature on the ballot
declaration, the races and measure voted the same on both ballots may be counted once.
If the two ballots are returned with two valid signatures on the ballot declaration, both
ballots may be counted in their entirety. If two ballots are returned with one valid
signature on the voter declaration, one voted ballot and one blank ballot without marked
votes, the voted ballot may be counted in its entirety. (WAC 434-262-031(2) 9(a)).
2. 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. (WAC 434-262-
031(2)(b)).
3. Where the voter had voted for a candidate(s) or issue(s) for which they are not entitled
to vote (WAC 434-262-031(2)(c)).
4. Where the voter has overvoted (voted for more candidates for an office than are
permissible) (WAC 434-262-031(2)(d)).
5. Where the ballot was created for a prior election (WAC 434-262-031(2)(e)). (Note: See
Section 2E(3), Votes on Any Form other than a Ballot.)
Section 4 – Preparing Ballots for Canvassing Board Review.
A. Voter Intent. Any ballot for which there is a question of voter intent shall be forwarded to the
Canvassing Board with a brief description. Any additional information shall be included to assist the
Canvassing Board in making its determination. The ballots shall be coded sequentially with unique
control numbers. (WAC 434-261-100(1)(a)).
B. Provisional Ballots. Provisional ballots shall be retained in their provisional envelopes, which shall be
assigned a unique sequential code number by Elections Division Staff. See guidelines for processing
Provisional Ballots in Chapter 10 of this manual.
C. Logs. Each person responsible for preparing ballots for review by the Canvassing Board shall maintain
a log or minutes of all such ballots identified by unique sequential code numbers, precinct
identification or ballot code, date submitted to the Canvassing Board and a summary of the
Canvassing Board’s determination after review. These logs or minutes shall be used to validate
updates to election tabulations based on the Canvassing Board’s decisions.
Section 5 – Processing Ballots for Canvassing Board Review.
After presenting the prepared ballot to the Canvassing Board for review, the Elections Division Staff shall
be responsible for preparing the follow- up minutes for each meeting, detailing the decision of the
Canvassing Board. Elections Division Staff shall also be responsible for ensuring that all reviewed ballots
are processed as determined by the Canvassing Board. If a ballot shall be duplicated before being
tabulated per the Canvassing Board’s determination, the usual rules for duplicating a ballot shall be
followed. (WAC 434-262-100).
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Section 6 – Official County Canvass Report and Certification.
Ten (10) days after a special election held in February or April, ten (10) days after a presidential primary,
fourteen (14) days after a primary, or twenty-one (21) days after a general election, the Canvassing Board
shall complete the canvass and certify the results. (RCW 29A.60.190 and WAC 434-262-030).
The County Auditor shall present, according to WAC 434-262-030, the County Auditor’s abstract of votes,
which shall 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, by precinct; and,
5) An aggregate total of votes cast for each declared candidate qualifying for the general election or
elected.
The County Canvassing Board shall examine the County 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.
After verifying the County Auditor’s abstract of votes, and documenting any corrective action taken, the
Canvassing Board shall complete the County Canvass Report. (WAC 434-262-040, -50, -60, and -70). The
official county canvassing report shall include:
1) The County Auditor’s Oath of Authenticity (RCW 29A.60.200);
2) The County Auditor’s abstract of votes;
3) The Reconciliation Report required by RCW 29A.60.235;
4) If applicable, a written narrative of errors and discrepancies discovered and corrected; and,
5) The certification.
All members of the Canvassing Board or their designees shall sign the certification.
The cumulative report and copy of the certification of the election shall be transmitted by electronic
means to the Secretary of State on the day the election is certified. The County Auditor’s abstract of votes
contained in the official county canvass report shall constitute the official election returns and shall not
be altered or amended, except in the event of a recount or upon order of the Superior Court. The Secretary
of State shall review the reconciliation report and work with the County Auditor to resolve discrepancies.
If discrepancies are resolved, a corrected report shall be submitted seven (7) days following certification.
The corrected report then becomes the official reconciliation report for that election. (RCW 29A.60.230
and .235, and WAC 434-262-070 and .080).
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CHAPTER 8 – VOTER REGISTRATION CHALLENGES
Section 1 – Duty of Canvassing Board.
The Canvassing Board is statutorily charged with the duty to convene, hear and rule upon voter
registration challenges filed with the County Auditor forty-five (45) days or less before election (RCW
29A.08.820).
If the challenge is filed more than forty-five (45) days prior to the election, the County Auditor is not
required to convene the Canvassing Board and shall rule on the challenge independently.
However, if the challenged voter does not vote at the next primary or election, the challenge shall be
referred to the County Auditor and processed in the same manner as a challenge received more than
forty-five (45) days prior as provided in RCWs 29A.08.820 and .840.
Section 2 – Procedures for Challengers.
A. Qualifications of Challenger.
1) A challenge may be initiated by a registered voter. (RCW 29A.08.810(2)).
2) All challengers shall file a signed affidavit and satisfy the challenger duties set forth in
RCW 29A.08.810 and WAC 434-324-115. Challenge forms shall be available on the County
Auditor’s website or the Secretary of State’s website.
B. Challenging a Voter. A challenger shall file a challenge with the County Auditor not later than
forty-five (45) days before an 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 29.08.820).
Section 3 – Rights of Challenged Voters.
Challenged voters may:
A. Vote a ballot, which shall be treated as a challenged ballot and transmitted to the Canvassing
Board at the close of the election (RCW 29A.08.820).
B. Properly transfer to re-register until one (1) day before the primary, special or general election
applying personally to the County Auditor (RCW 29A.08.840).
C. 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 4 – Procedures for the County Auditor.
The County Auditor shall:
A. Note the challenge immediately in the voter registration system (RCW 29A.08.820(2)(a));
B. Notify the challenged voter that a challenge has been filed, the time and location of the hearing,
and provide information on the registration requirements (RCW 29A.08.840(2);
C. Post (within seventy-two (72) hours of receipt) all challenges on the County Auditor’s website and
notify all parties that have requested this information (RCW 29A.08.835);
D. Instruct the challenged voter that a ballot may be requested, if not already accomplished;
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E. Notify the challenged voter that if they do not vote at the ensuing primary or election, that the
challenge shall be processed under procedures pursuant to RCW 29A.08.840 (e.g., a hearing by
the County Auditor after certification); and,
F. On behalf of the Canvassing Board, notify the challenger and challenged voter by certified mail of
the time and location at which the Canvassing Board shall meet to rule on challenged ballots.
(RCW 29A.08.840).
Section 5 – Processing a Challenged Voter’s Ballot.
If the challenge is filed within forty-five (45) days before an election at which the challenged voter is
eligible to vote, and if the challenge is filed:
A. Before the challenged voter’s ballot is received, the ballot shall be treated as a challenged ballot.
(RCW 29A.08.820(2)(b)) When preparing the challenged ballot for the Canvassing Board hearing,
include the affidavit challenging the voter’s registration.
B. After the challenged voter’s ballot is received, the ballot is considered valid. The challenged
cannot affect the ballot or the current election. (RCW 29A.08.820(2)(c)).
Section 6 – Time of Hearing.
The Canvassing Board hearing shall occur no later than the time of canvassing for the particular election.
The decision of the Canvassing Board shall be made within the same time limit (RCW 29A.08.820).
Section 7 – Presumption.
Registration is presumptive evidence that a voter has the right to vote, as registrations are presumed valid
until proven otherwise. (RCW 29A.08.810(1).) A person whose registration is challenged shall be
permitted to vote a ballot. (RCW 29A.08.820).
Section 8 – 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 9 – Evidence.
A. Oath: All witnesses shall be placed under oath.
B. 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.
C. Length of Hearing: The challenger and challenged voter shall each have thirty (30) minutes to
present evidence.
D. Questioning of Witnesses: Members of the Canvassing Board shall be free to examine any witness
at any time in the proceeding.
E. Recording: The Canvassing Board hearing shall be either recorded or transcribed.
Section 10 – 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. This decision may only be appealed in Superior
Court. (RCW 29A.08.840).
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Section 11 – Remedies.
If the challenge is based on an allegation under RCW 29A.08.810(a), (b), (d) or, (e) and the Canvassing
Board sustains the challenge, the challenged ballot shall not be counted. (RCW 29A.08.840(5)).
Challenge of Voter’s Residence. If the challenge is based on an allegation under RCW 29A.08.810(1)(c) and
the Canvassing Board sustains the challenge, the Canvassing Board shall permit the voter to correct their
registration, and any races and ballot measures on the ballot that the voter would have been qualified to
vote for had the registration been correct shall be counted. (RCW 29A.08.840(5)).
If the challenger fails to prove by clear and convincing evidence that the registration is improper, the
challenge shall be dismissed, and the ballot shall be accepted as valid. (RCW 29A.08.840(6)).
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CHAPTER 9 – GUIDELINES FOR VOTING REQUIREMENTS AND TRANSFERS OF VOTER REGISTRATION.
Section 1 – Constitutional Requirements to Vote.
Washington State Constitution, Article VI, Section 1 (Amendment 63) provides in part: All persons of the
age of eighteen (18) years or over who are citizens of the United States and who have lived in the state,
county and precinct thirty (30) days immediately preceding the election at which they offer to vote … shall
be entitled to vote at all elections.
Section 2 – State Law Regarding Voter Registration Transfers.
The statutes discussed in this section govern address changes (both within a county and to another county
in state) and provide the proper procedures to transfer voter registration in a timely manner. Elections
Division Staff shall ensure that voters are registered, transferred and updated according to statutory
requirements.
A. Address Changes within County. (RCW 29A.08.410).
A registered voter who changes their residence from one address to another within the same
county may update their registration to the new address in one of the following ways:
1) Sending the County Auditor, a request stating both the voter’s present address and the
address from which the voter was last registered received by an election official eight (8)
days prior to a primary or election;
2) Appearing in person before the County Auditor, at a voting center or other location
designated by the County Auditor, and making such a request up until 8:00 p.m. on the
day of the primary or election;
3) Telephoning or emailing the County Auditor to transfer the registration eight (8) days
prior to a primary or election;
4) Submitting a voter registration application that is received by an election official (8) eight
days prior to a primary or election;
5) Submitting information to the Department of Licensing and received by an election official
by eight (8) days prior to a primary or election;
6) Submitting voter registration information through the health benefit exchange and
received by an election official by eight (8) days prior to a primary or election; or,
7) Submitting information to an agency designated under RCW 29A.08.365 and received by
an election official by eight (8) days prior to a primary or election once automatic voter
registration is implemented at the agency.
B. Transfer to Another County.
A registered voter may transfer their registration to another county by submitting a new voter
registration application or returning a signed confirmation notice that provides the new address.
The County Auditor in the voter’s new county shall register the voter using the information and
signature on the forwarded confirmation notice. (WAC 434-324-036 and 087(3)).
C. Voter Registration Deadlines. (RCW 29A.08.140).
1) There are two (2) voter registration deadlines. In order to vote in any primary, special
election or general election a voter shall:
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a. Submit a registration application or address change notification by any non-in-
person method that is received by election officials no later than eight (8) days
before an election; or,
b. Appear in person to register or update a voting address at the County Auditor’s
Office, a voting center as defined in RCW 29A.40.160, a student engagement hub
as determined in RCW 29A.40.180, or other location designated by the County
Auditor in their county of residence when the facility is open, no later than 8:00
pm on election day, and complete the voter registration application by providing
the information required by RCW 29A.08.010.
D. Valid Transfers after Ballot Issue. (WAC 434-324-076).
1) Previous County Responsibility: If a voter submits a registration transfer to a new county
by the statutory deadline, but the voter’s previous county issued the voter a ballot before
the transfer was processed and the voter votes the previous county ballot, the previous
county shall treat the voted ballot as a suspended ballot and forward it to the voter’s new
county.
2) New County Responsibility: If the voter is re-issued a current ballot which reflects the
voter’s new registration, the new county shall hold the suspended ballot until seven (7)
days after election day.
a. Voter Returns Only the Reissued Ballot or Both Ballots: If the new county
receives the voter’s re-issued ballot, that ballot is processed.
b. Voter Returns Only the Suspended Ballot: If the new county does not
receive the current ballot back from the voter, the new county shall
duplicate any applicable votes from the suspended ballot and process it (for
any races or issues on the ballot from the old county are applicable to the
voter’s residential address in the new county).
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CHAPTER 10 – PROVISIONAL BALLOTS.
Section 1 – Provisional Ballots.
Provisional ballots may be issued on or before election day at the Jefferson County Auditor’s Office (RCW
29A.04.008) (WAC 434-262-032) when:
1. A voter who has already received credit for voting requests 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; or,
3. A voter is unable to provide valid identification.
Section 2 – Processing Provisional Ballots.
Following WAC 434-262-032, upon receipt of the provisional ballot, including provisional ballots from
other counties or states, the County Auditor shall research and prepare Provisional ballots for Canvassing
Board deliberation.
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, matched a voter registration record.
Once the provisional ballot has been investigated, determinations (count/no count) are made using the
following criteria:
1. The voter voted a ballot for a previous address (WAC 434-262-032(3)). Then, count only the votes
for the position and measures for which the voter was eligible to vote in their correct precinct or
district.
2. The voter was incorrectly placed in a precinct or district. Then, count only the votes for the
position and measures for which the voter was eligible to vote in their correct precinct or district.
3. Voter has changed their name and is still registered under the old name. Then, count if signature
can be verified.
4. Voter was sent a mail-in ballot. Then, count only if the voter did not vote the mail-in ballot.
5. Signature of the voter does not match the voter signature on file, or ballot declaration is unsigned.
(RCW 29A.60.165 and .195). Then, do not count; notify the voter of procedures for updating
signature or signing ballot declaration.
6. Voter was previously registered and later canceled (WAC 434-262-032(2)).
a. If cancellation was not in error, register the voter and count the ballot.
b. If cancellation was in error, count provisional ballot after restoring voter’s registration
(WAC 434-262-032(1)).
7. Voter failed to produce identification.
a. Voter failed to produce identification upon registering to vote, and is provisionally
registered, pending verification of identity. Then, do not count unless voter provides
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adequate ID no later than the day before certification. (WAC 434-262-032(7) and WAC
434-261-055).
b. Voter failed to produce identification at the voting center. (WAC 434-262-032(6)). Then,
count, providing the voter’s identity had previously been verified as part of the voter
registration process, and the signature on the envelope matched the signature in the
voter registration record.
8. Miscellaneous. (e.g., voter is registered but not eligible to vote in a school district or fire district
election, etc.) (WAC 434-262-032(8)). Then, count or do not count at the discretion of the
Canvassing Board.
9. Voter is a registered voter in another county. Then, immediately forward the ballot to the
election’s official for that jurisdiction ((within seven (7) calendar days after a primary or special
election and fourteen (14) calendar days after a general election). (WAC 434-262-032(4)).
Section 3 – Reporting.
The County Auditor shall 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 shall be given an opportunity to learn the disposition and reason their ballot was not
counted. Voters may contact the Jefferson County Auditor’s Office for this information. Provisional voters
whose ballot was not counted shall 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 11 – TIES.
Section 1 – Primary. (RCW 29A.60.221).
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.
Section 2 – Final Election.
Following all mandatory and/or any requested recounts, a lot draw in the manner authorized by RCW
29A.60.221 shall publicly decide tie votes in a final election.
Section 3 – Recount.
If a tie results from the original tabulation of the ballots, the Canvassing Board may direct a recount as
provided in Chapter 12 before acting to resolve the tie.
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CHAPTER 12 – RECOUNTS.
A recount may either be mandatory or requested. (RCW 29A.64.11).
Section 1 – Requested Recount.
A. Eligibility to Request a Recount.
An office of a political party, any person for whom votes were cast in a primary or any election, or
any group of five or more registered voters, may file a written application for a recount of the
votes cast. Political party officers or candidates can only request recounts of candidate elections.
Groups of registered voters can only request recounts of votes cast upon any question or issue;
they shall designate one of the members of the group as a chair and shall indicate the voting
residence of each member of the group. (RCW 29A.64.011).
B. Time for Filing a Recount Application.
An application for a recount shall be filed within two (2) business days after the Canvassing Board
or Secretary of State has declared the official results of the primary or election for the office or
issue for which the recount is requested. (RCW 29A.64.011).
C. Application for Recount.
An application for a recount of the votes cast for an office or on a ballot measure shall specify
whether the recount shall be done manually or by the vote tally system. A recount done by the
vote tally system shall 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 the
program. (RCW 29A.64.011).
D. 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).
Section 2 – Mandatory Recount.
A. Mandatory Machine Recount.
If the official canvass of all of the returns for any office at any primary or election reveals that the
difference in the number of votes cast for a candidate apparently qualified for the general election
ballot or elected to any office, and the number of votes cast for the closest apparently defeated
opponent is less than two thousand (2,000) 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)).
B. Statewide Races Manual Recount.
If the difference in the number of votes cast for the apparent winner and the closest apparently
defeated opponent is less than one thousand (1,000) 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
Page | 28
manually or as provided in RCW 29A.64.021. The Elections Division Staff shall be delegated to
conduct recounts. (RCW 29A.64.021)(1)(b)(i)).
C. Non-Statewide Manual Recount.
If the difference in the number of votes cast for the apparent winner and the closest apparent
defeated opponent is less than one hundred fifty (150) votes and also less than one-fourth of one
percent of the total number of votes cast for both candidates, the votes shall be recounted
manually or as provided in RCW 29A.64.021. Elections Division Staff shall be delegated to conduct
recounts. (RCW 29A.64.021)(1)(b)(ii)).
Section 3 – General Procedures for All Recounts.
A. Time for Recount.
The Canvassing Board shall determine the date, time and place or places at which the recount
shall be conducted (RCW 29A.64.030).
This time shall be based upon when:
1. The application was filed with the Canvassing Board;
2. The request for a recount or directive ordering a recount was received by the Canvassing
Board from the Secretary of State; or,
3. 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).
B. Notice of Recount.
Not less than one day before the date of the recount, the County Auditor shall notify the applicant
or affected parties and, if the recount involves an office, any person for whom votes were cast for
that office of the date, time, and place of the recount. Each person entitled to receive notice of
the recount may attend, witness the recount and be accompanied by counsel. (RCW 29A.64.030).
C. Observers.
All interested persons may attend and witness a recount proceeding by the Canvassing Board,
subject to physical limitations of the election processing areas. With limited space, admission shall
be given first to the candidates and their counsel, and then, as space allows, to any observers
formally designated by the applicant or candidate. The Canvassing Board may reasonably limit the
number of persons observing any aspect of the process whenever it is necessary to preserve order
and to safeguard the integrity of the process. (RCW 29A.64.030 and .041, and WAC 434-262-025).
D. Guidelines for Observers.
Observers attending the recount shall be provided guidelines for conduct during the recount
process.
E. Role of Observers.
Observers shall be permitted to observe the recount process and to see the ballots actually
recounted. However, observers shall not be permitted to touch the ballots or interfere with the
recount process. (RCW 29A.64.041(3)).
F. Recounting Votes.
The sealed elections containers shall be opened and the ballots recounted in the presence of the
Canvassing Board or their duly authorized representatives (Elections Division Staff) and all
witnesses. Ballots shall be handled only by members of the Canvassing Board or their duly
authorized representatives (Jefferson County Elections Division Staff). (RCW 29A.64.041(1)).
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The method of recount shall be by the same method as the original tally unless:
1. One or more candidates prefers to discuss an alternate method allowable by RCW
29A.64.021; or,
2. The Canvassing Board specifically directs a different method to be used; or,
3. If a requested recount, the requestor indicates a different method. (RCW 29A.64.021(3)).
G. 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 abstract on which the recount was based.
If the office or issue for which the recount was conducted was filed with the County Auditor, the
Canvassing Board shall file the amended abstract with the original results of that election or
primary.
If the office or issue for which a recount was conducted was filed with the Secretary of State, the
Secretary of State shall canvass the amended abstracts and shall file an amended abstract with
the original results of that election. The Secretary of State may require that the amended abstracts
be certified by each Canvassing Board on a uniform date. (RCW 29A.64.061).
H. Limitations.
After the original count, canvass, and certification of results, the votes cast in any single precinct
may not be recounted and the results recertified more than twice. (RCW 29A.64.070).
I. Challenges.
Challenges of ballots and/or voter shall not be allowed prior to or during a recount. Any and all
prior decisions made by the Canvassing Board regarding including or excluding a particular ballot
during the canvassing process is not in question during the recount. Recounts involve only votes
cast and tabulated, unless 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. In
that case, the ballots shall be presented to the Canvassing Board in accordance with RCW
29A.60.050, and the Canvassing Board shall determine whether such ballots are to be included in
the recount. (WAC 434-264-010(4)).
Challenges of voter registration or the contesting of election results are provided for in Chapter
29A.08 RCW and Chapter 29A.68 RCW.
Section 4 – Special Procedures for Requested Recount.
A. Written 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. (RCW 29A.64.041).
B. Partial Recount.
When a partial recount of votes cast for an office or issue changes the result of the election, the
Canvassing Board or the Secretary of State, if the office or issue is being recounted at his or her
direction, shall order a complete recount of all ballots cast for the office or issue for the
jurisdiction in question. (RCW 29A.64.050).
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Section 5 – Authority to Recanvass- Discrepancies or Inconsistencies.
When the Canvassing Board finds that there is an apparent discrepancy or an inconsistency in the returns
of a primary or election, or that Elections Division Staff has made an error regarding the treatment or
disposition of a ballot, the Canvassing Board may recanvass the ballots or voting devices in any precincts
of the county. The Canvassing Board shall conduct any necessary recanvass activity to correct any error
and document the correction of any error that it finds. (RCW 29A.60.210).
Ballots whose validity and disposition have been previously reviewed and determined by the Canvassing
Board are not subject to further examination nor may change in disposition during a recount.
A voter may not cure a missing or mismatched signature for purposes of counting the ballot in a recount.
(RCW 29A.60.165(3)).
During a recount, observers may not challenge any ballot, Elections Division Staff may not make any
further determination on a ballot, nor should Elections Division Staff recanvas and pre-inspect. However,
if the County Auditor or delegated Elections Division Staff believe they may have discovered an error or
discrepancy that has not already been brought before the Canvassing Board, the County Auditor should
note the possible error or discrepancy and bring it to the attention of the Canvassing Board, so the
Canvassing Board may determine if a recanvass is necessary. (WAC 434-264-010(3) and (4)).
Section 6 – Posting Results of the Recount
A. Providing Results.
Immediately upon completion of the recount, the County Auditor shall provide results of the
recount to the affected candidates and the requestors, and, at the County Auditor’s discretion, to
any other interested parties. If the results of the recount differ from the results recorded in the
official County Canvassing Report, the County Auditor shall advise those present that an amended
abstract of votes shall be prepared and certified.
B. 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 abstract 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 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 that same office(s) or
issue(s) at the same primary or election. (RCW 29A.64.061).
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CHAPTER 13 – MANUAL RECOUNT OF BALLOTS.
The usual method of counting ballots for the canvassing of elections under the authority of the Canvassing
Board shall be by vote tallying systems or equipment as provided for in Chapter 29A.12 RCW. Situations
may occur that shall require or call for a hand recount of these ballots.
Section 1 – When is a Manual Recount Required?
A. If the difference in the number of votes cast for the apparent winner and the closest apparent
defeated opponents falls within manual recount range (RCW 29A.64.021);
B. For a recount of ballots where fewer than two hundred (200) ballots are involved; or,
C. When specified by the party requesting a recount.
Section 2 – Manual Recount Process. (WAC 434-264-110).
The counting board may only count the responses for one race or measure at a time. The results from the
original count shall not be given to the counting board with the ballots. The batch number shall be made
available to any observer.
The following process to count the ballots shall be used during a manual recount:
1) Each counting board shall be given the ballots one batch at a time.
2) The counting board shall sort the ballots into separate stacks (by votes cast) for each of the
candidates or side of a ballot measure. When the board is finished stacking, they shall consolidate
like stacks, resulting in:
a. One stack for each race/candidate or side of a measure being considered;
b. One stack for undervotes (none of the designated positions is marked);
c. If any occur, a separate stack for overvotes (where more than one candidate or side of
the measure is marked); or,
d. A separate stack for write-in votes, if any.
3) Members of the counting board shall 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
Elections Division Staff person and the results shall be compared to the 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 shall be reported to the
designated Elections Division 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.
Section 3 – Recording the Recount.
When the manual recount of all batches or precincts is completed, the designated Elections Division Staff
member shall add up the precinct or batch total count for each candidate or side of measure. The recount
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summary tally sheet shall include columns for both the original count and the recount in each batch or
precinct for each candidate or side of a measure as well as a “difference” column (for each) to indicate,
by plus or minus numbers, the difference between the original and the recount.
Section 4 – Completion.
Upon completion of the recount, the County Auditor shall prepare an amended abstract of the recounted
ballots for the Canvassing Board. The amended abstract shall include a revised cumulative summary, as
well as the votes cast in each precinct for the office or measure that was recounted.
The results shall be formally reviewed and approved by the Canvassing Board. If the results of the hand
count do not match the results of the original count, the Canvassing Board shall verify all ballot have been
recounted. The Canvassing Board shall take all necessary steps to investigate and resolve any
discrepancies.
The Canvassing Board shall certify the amended abstract that, for each precinct, displays the results of the
office that has been recounted. The new abstract shall be included in the amended certified canvass
report.
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RANDOM AUDIT PROCEDURES (TABULATION AUDIT)
JEFFERSON COUNTY ELECTIONS POLICIES AND PROCEDURES
Prior to certification of the election the County Auditor shall conduct an audit of all duplicated ballots, and
the ballot counting equipment. (RCW 29A.60.185).
Jefferson County conducts (as provided in RCW 29A.60.170) a random audit of six (6) batches, by doing a
manual count, and comparing the results against the tabulation results. The audit shall involve one
office/issue and take place no later than forty-eight (48) hours after Election Day.
The county party chairs or their appointed observers are contacted before the election to determine their
intent to request an audit and find an agreement on office/issue.
The County Auditor or their designee shall select the office/issue and randomly choose the six batches
and conduct the random check if:
• Both parties do not have representatives;
• The party chairs or observers do not wish to conduct the check;
• The party chairs or observers cannot mutually agree upon which office/issue and batches to
check; or,
• There is no response from the parties.
Process:
1. Observers, if present (if observers not present, the Auditor or designee, if no observers are
present):
a. Select one race or issue to compare machine count to hand tally; and,
b. All batches that have not been scanned and tabulated shall make up the available pool of
batches for the random audit.
2. Select six (6) random batches from the available pool.
3. All ballot scanning and resolution shall be stopped during the audit.
4. An a member of the Elections Division Staff shall hand count the ballots and record the totals. A
second Elections Division Staff member shall hand count and record the totals. The two Elections
Division Staff members shall compare totals.
5. A fresh results report shall be printed from the tabulator prior to scanning and tabulating the six
batches.
6. The Elections Division Staff member shall then scan each batch and print the batch report. And
after all batches have been scanned a total results report shall be printed.
7. The batch hand tally shall be compared to each batch machine report and the results of the
machine count.
8. Should results not match; a visual scan of the ballots shall be performed to identify a possible
reason for the discrepancy. Ballots requiring additional resolution shall be processed per voter
intent.
9. All audit findings and any actions taken are reported to the Canvassing Board.
10. Should a discrepancy be found during the audit that cannot be resolved, the audit shall be
expanded per the procedures developed by the Secretary of State’s office.
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BALLOT DUPLICATION PROCEDURES
JEFFERSON COUNTY ELECTIONS POLICIES AND PROCEDURES
RCW 29A.60.125 state that the voter’s original ballot may not be altered. The voter’s original marks on
the ballot are preserved as received, so the voter’s intent, pattern and marks remain available for
inspection after duplication.
WAC 434-261-070, 075, and 100 outlines security procedures that Jefferson County follows.
Duplication board shall also follow for additional reference, statewide standards on what is a vote (WAC
434-261-086).
Process:
1. Duplicate any ballot that is unreadable or uncountable by the tabulation machines. The ballot
markings shall be clear enough to determine the intent of the voter. If the voter’s intent is not
clear, the ballot shall be sent to the Canvassing Board. Only the Canvassing Board may reject a
ballot or parts of a ballot.
2. Use teams of two or more people to duplicate ballots.
3. Create and maintain an audit trail for the action taken with each duplicated ballot.
4. Assign each ballot duplicated and sent to the Canvassing Board a unique control number. Mark
the number on the face of the original ballot and its duplicate.
5. Keep a log of the ballots duplicated and sent to canvass, including the following:
a. The control number of each ballot;
b. The initials of two people who participated in the duplication process; and,
c. The total number of ballots duplicated, sent to canvass, and passed though.
6. Each duplication board shall be audited by a different two-person team to ensure all ballots have
been processed accurately.
7. Originals and duplicated ballots are kept in secure storage at all times, except when being
processed, tabulated, inspected by the Canvassing Board, or to conduct an audit. The seal
numbers, along with the date and time, are recorded on a security log and are witnessed by two
elections employees whenever ballot storage is opened or closed.