County Canvassing Board Training

2010

Sheryl MossCertification and Training ManagerOffice of the Secretary of StateSheryl.moss@sos.wa.gov(360) 902-4146

Canvassing Board Membership

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

• Prosecuting Attorney

• County Auditor

RCW 29A.60.140

Duties of the Board

Canvass ballots Rule on the validity of questioned ballots Verify unofficial returns Produce the official County Canvass

Report (official returns) Hear voter registration challenges Perform all duties in election laws

RCW 29A.60WAC 434-262-010

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

• File designation with the County Auditor

RCW 29A.60.140

When a Member Cannot Serve

Board Alternates

RCW 29A.60.140

If a Member is a Candidate

• Candidate should designate an alternate, if possible

• If candidate must serve, the candidate– May determine the validity of an entire ballot – May not determine voter intent for his/her race

RCW 29A.60.150

When The Remaining Members Disagree

The vote will not be counted unless it affects the outcome of the race.

•In this case, the Secretary of State may sit on the Canvassing Board to break the tie.

RCW 29A.60.150

Delegating DutiesBoard may delegate any duties not exclusive to the Board:

•Processing ballots•Researching provisional ballots•Conducting logic & accuracy tests•Determining voter intent

RCW 29A.60.140WAC 434-262-015

Exclusive to the Board

The Canvassing Board may not delegate:

Rejecting ballots

Determining validity of provisional or

questionable ballots referred to the Board

Voter registration challenges

Certifying the election RCW 29A.60.140WAC 434-262-015

Open Public Meetings

• All Canvassing Board meetings and actions are public:

– Publish public meeting notices• Post notices on the county website

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

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

Rules and Written Procedures

Every Canvassing Board must adopt written

procedures:

•Board policies and delegation

•Compliance with state laws and rules

•Consistency between elections

•Include examples of Board decisions

Ballot Processing Schedule

Voter Intent

Determining voter intent is often delegated, subject to the statewide standards

Only the Board may reject a ballot

WAC 434-261-120

2009 Version

Voter Intent Committee

Secretary of State’s OfficeCounty AuditorsAttorney General’s Office

Rejection of Ballots

The Board may review ballots– Individually– In batches

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

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

Rejection of Ballots or Parts of Ballots

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

Canvassing Board Must Certify Results

When Certifying the Election

Canvassing Board should verify:

• Reconciliation report

• Auditor’s Abstract of Votes

• Any reports explaining errors or discrepancies

• Amended abstracts

• Certificate of electionRCW 29A.60.230RCW 29A.60.235

Verify the Auditor’s Abstract of Votes

• Number of registered voters• Votes cast in each race• Precinct vote totals• Ballot vote totals• Legislative district vote totals• Congressional district vote totals• Countywide vote totals

RCW 29A.60.200WAC 434-262-040

Administering Election Recounts

The Board shall:

• Determine time and place

• Establish guidelines for public observation

• Open sealed ballot containers

• Direct ballot counting

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

Voter Registration Challenges

Eligibility of a voter may be challenged by:

• A registered voter

• The County Prosecuting Attorney

RCW 29A.08.810-850

Voter Registration Challenges

• Heard by the Board if filed within 45 days before an election

• Heard by the County Auditor if filed outside an election

• Voted ballot is held if Challenge is filed before the voted ballot is returned.

RCW 29A.08.810-850

Duties: Voter Challenges

Basis for Challenge

Challenger must allege voter is:

1.Not 18

2.Not a U.S. citizen

3.Not eligible due to a felony conviction

4.Not eligible due to mental incompetence

5.Not a resident

RCW 29A.08.810-850

Duties: Voter Challenges

Felony Convictions

• Old law: “LFO Rule”– Restored if satisfied all Legal Financial

Obligations on all felony cases– Problematic because No Lists

• 2009 Legislation– “DOC Custody Rule”– Restored if no longer on DOC Custody– DOC provides the SOS data

• Burden of proof is on challenger

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

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

RCW 29A.08.810 - .850

Hearing Challenges

Board’s Decision

• Challenge must be resolved before certification of the election

• Superior Court may review Canvassing Board’s decision

RCW 29A.08.810-850

Duties: Voter Challenges

Latest Developments in ElectionsWEI – Washington Election Information

Sets up the election: Offices & Ballot Measures

Election Results Reports Aggregates results for multi-county races

Online Candidate Filing Online Voter Registration MyVote: www.vote.wa.gov MyBallot

Military & Overseas Voter Empowerment Act (MOVE)

• Electronic access

• Offer to send blank ballot electronically

• Issue ballots 45 Days before Election Day

• Accept the Federal Write-in Ballot for all Federal Elections

Census & Redistricting

• Office of Secretary of State– Precinct data collected for the Census Bureau– Election Results data for the Commission

• State Redistricting Commission Jan. 2011– Congressional Districts (10th seat?)– Legislative Districts

• County Redistricting

• Completed by June 2012 Candidate Filing

Elections Litigation

• Top Two Primary

• Petitions as Public Records

• Felons

• Bar Codes on Ballots

Your Role

You must remain impartial

when administering an election.

County Canvassing Board Training

2010

Questions?

Sheryl MossCertifying and Training ManagerOffice of the Secretary of StateSheryl.moss@sos.wa.gov(360) 902-4146