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Chapter 434-219 WAC

Last Update: 7/7/23

PRESIDENTIAL PRIMARY

(Formerly chapter 434-75 WAC)

WAC Sections

HTMLPDF434-219-050Procedures to be followed when changing primary date.
HTMLPDF434-219-120Certification of candidates.
HTMLPDF434-219-140Party declarations.
HTMLPDF434-219-155Ballot materials.
HTMLPDF434-219-185Logic and accuracy tests.
HTMLPDF434-219-190Special election held in conjunction with the presidential primary.
HTMLPDF434-219-200Direct recording electronic voting devices (DRE).
HTMLPDF434-219-230Processing of ballots.
HTMLPDF434-219-235Statewide standards on what is a vote—Presidential primary.
HTMLPDF434-219-290Certification of presidential primary by secretary of state.
HTMLPDF434-219-310Mandatory statutory recount provisions do not apply.
HTMLPDF434-219-320Transmittal of political party preference data and results to the major political parties.
HTMLPDF434-219-330Retention of election material.
HTMLPDF434-219-340Claims for reimbursement.
DISPOSITION OF SECTIONS FORMERLY CODIFIED IN THIS TITLE
434-219-010Authority and purpose. [Statutory Authority: RCW 29.19.070. WSR 96-03-141, recodified as § 434-219-010, filed 1/24/96, effective 2/24/96; WSR 91-18-012, § 434-75-010, filed 8/26/91, effective 9/26/91.] Repealed by WSR 03-23-093, filed 11/17/03, effective 12/18/03. Statutory Authority: RCW 29.19.070.
434-219-020Definitions. [Statutory Authority: RCW 29.19.070. WSR 03-23-093, § 434-219-020, filed 11/17/03, effective 12/18/03; WSR 00-03-003, § 434-219-020, filed 1/6/00, effective 2/6/00; WSR 96-03-141, recodified as § 434-219-020, filed 1/24/96, effective 2/24/96; WSR 91-18-012, § 434-75-020, filed 8/26/91, effective 9/26/91.] Repealed by WSR 07-24-044, filed 11/30/07, effective 12/31/07. Statutory Authority: RCW 29A.04.611.
434-219-030Presidential primary—When held. [Statutory Authority: RCW 29.19.070. WSR 96-03-141, recodified as § 434-219-030, filed 1/24/96, effective 2/24/96; WSR 91-18-012, § 434-75-030, filed 8/26/91, effective 9/26/91.] Repealed by WSR 03-23-093, filed 11/17/03, effective 12/18/03. Statutory Authority: RCW 29.19.070.
434-219-040Presidential primary—Changing the date. [Statutory Authority: RCW 29.19.070. WSR 96-03-141, recodified as § 434-219-040, filed 1/24/96, effective 2/24/96; WSR 91-18-012, § 434-75-040, filed 8/26/91, effective 9/26/91.] Repealed by WSR 03-23-093, filed 11/17/03, effective 12/18/03. Statutory Authority: RCW 29.19.070.
434-219-060Designation of candidates by secretary of state. [Statutory Authority: RCW 29A.04.611. WSR 15-24-001, § 434-219-060, filed 11/18/15, effective 12/19/15; WSR 07-24-044, § 434-219-060, filed 11/30/07, effective 12/31/07. Statutory Authority: RCW 29.19.070. WSR 96-03-141, recodified as § 434-219-060, filed 1/24/96, effective 2/24/96; WSR 91-18-012, § 434-75-060, filed 8/26/91, effective 9/26/91.] Repealed by WSR 19-20-115, filed 10/2/19, effective 11/2/19. Statutory Authority: RCW 29A.04.611.
434-219-070Removal from list of designees. [Statutory Authority: RCW 29.19.070. WSR 96-03-141, recodified as § 434-219-070, filed 1/24/96, effective 2/24/96; WSR 91-18-012, § 434-75-070, filed 8/26/91, effective 9/26/91.] Repealed by WSR 07-24-044, filed 11/30/07, effective 12/31/07. Statutory Authority: RCW 29A.04.611.
434-219-080Petition process for ballot access. [Statutory Authority: RCW 29A.04.611, 29A.04.620, and 29A.04.630. WSR 11-24-064, § 434-219-080, filed 12/6/11, effective 1/6/12. Statutory Authority: RCW 29A.04.611. WSR 07-24-044, § 434-219-080, filed 11/30/07, effective 12/31/07. Statutory Authority: RCW 29.19.070. WSR 03-23-093, § 434-219-080, filed 11/17/03, effective 12/18/03; WSR 96-03-141, recodified as § 434-219-080, filed 1/24/96, effective 2/24/96; WSR 91-18-012, § 434-75-080, filed 8/26/91, effective 9/26/91.] Repealed by WSR 19-20-115, filed 10/2/19, effective 11/2/19. Statutory Authority: RCW 29A.04.611.
434-219-090Form of the nominating petition. [Statutory Authority: RCW 29A.04.611. WSR 15-24-001, § 434-219-090, filed 11/18/15, effective 12/19/15. Statutory Authority: RCW 29.19.070. WSR 96-03-141, recodified as § 434-219-090, filed 1/24/96, effective 2/24/96; WSR 91-18-012, § 434-75-090, filed 8/26/91, effective 9/26/91.] Repealed by WSR 19-20-115, filed 10/2/19, effective 11/2/19. Statutory Authority: RCW 29A.04.611.
434-219-100Verification of signatures by secretary of state. [Statutory Authority: RCW 29A.04.611. WSR 15-24-001, § 434-219-100, filed 11/18/15, effective 12/19/15. Statutory Authority: RCW 29A.04.611, 29A.04.620, and 29A.04.630. WSR 11-24-064, § 434-219-100, filed 12/6/11, effective 1/6/12. Statutory Authority: RCW 29A.04.611. WSR 07-24-044, § 434-219-100, filed 11/30/07, effective 12/31/07. Statutory Authority: RCW 29.19.070. WSR 03-23-093, § 434-219-100, filed 11/17/03, effective 12/18/03; WSR 96-03-141, recodified as § 434-219-100, filed 1/24/96, effective 2/24/96; WSR 91-18-012, § 434-75-100, filed 8/26/91, effective 9/26/91.] Repealed by WSR 19-20-115, filed 10/2/19, effective 11/2/19. Statutory Authority: RCW 29A.04.611.
434-219-110Determination of sufficiency. [Statutory Authority: RCW 29A.04.611. WSR 07-24-044, § 434-219-110, filed 11/30/07, effective 12/31/07. Statutory Authority: RCW 29.19.070. WSR 96-03-141, recodified as § 434-219-110, filed 1/24/96, effective 2/24/96; WSR 91-18-012, § 434-75-110, filed 8/26/91, effective 9/26/91.] Repealed by WSR 19-20-115, filed 10/2/19, effective 11/2/19. Statutory Authority: RCW 29A.04.611.
434-219-115Withdrawal. [Statutory Authority: RCW 29A.04.611. WSR 15-24-001, § 434-219-115, filed 11/18/15, effective 12/19/15. Statutory Authority: RCW 29A.04.611, 29A.04.620, and 29A.04.630. WSR 11-24-064, § 434-219-115, filed 12/6/11, effective 1/6/12. Statutory Authority: RCW 29A.04.611. WSR 07-24-044, § 434-219-115, filed 11/30/07, effective 12/31/07.] Repealed by WSR 19-20-115, filed 10/2/19, effective 11/2/19. Statutory Authority: RCW 29A.04.611.
434-219-130Conduct of the presidential primary. [Statutory Authority: RCW 29.19.070. WSR 96-03-141, recodified as § 434-219-130, filed 1/24/96, effective 2/24/96; WSR 91-18-012, § 434-75-130, filed 8/26/91, effective 9/26/91.] Repealed by WSR 03-23-093, filed 11/17/03, effective 12/18/03. Statutory Authority: RCW 29.19.070.
434-219-150Party declaration at the polling place. [Statutory Authority: RCW 29A.04.611. WSR 07-24-044, § 434-219-150, filed 11/30/07, effective 12/31/07. Statutory Authority: RCW 29.19.070. WSR 03-23-093, § 434-219-150, filed 11/17/03, effective 12/18/03; WSR 96-03-141, recodified as § 434-219-150, filed 1/24/96, effective 2/24/96; WSR 91-18-012, § 434-75-150, filed 8/26/91, effective 9/26/91.] Repealed by WSR 11-24-064, filed 12/6/11, effective 1/6/12. Statutory Authority: RCW 29A.04.611, 29A.04.620, and 29A.04.630.
434-219-160Political party and unaffiliated ballots—Arrangement. [Statutory Authority: RCW 29A.04.611. WSR 06-11-042, § 434-219-160, filed 5/10/06, effective 6/10/06. Statutory Authority: RCW 29.19.070. WSR 03-23-093, § 434-219-160, filed 11/17/03, effective 12/18/03; WSR 00-03-003, § 434-219-160, filed 1/6/00, effective 2/6/00; WSR 96-03-141, recodified as § 434-219-160, filed 1/24/96, effective 2/24/96; WSR 91-18-012, § 434-75-160, filed 8/26/91, effective 9/26/91.] Repealed by WSR 07-24-044, filed 11/30/07, effective 12/31/07. Statutory Authority: RCW 29A.04.611.
434-219-165Incomplete ballot code on consolidated absentee ballot. [Statutory Authority: RCW 29.19.070. WSR 00-03-003, § 434-219-165, filed 1/6/00, effective 2/6/00.] Repealed by WSR 07-24-044, filed 11/30/07, effective 12/31/07. Statutory Authority: RCW 29A.04.611.
434-219-170Order of political parties. [Statutory Authority: RCW 29.19.070. WSR 03-23-093, § 434-219-170, filed 11/17/03, effective 12/18/03; WSR 00-03-003, § 434-219-170, filed 1/6/00, effective 2/6/00.] Repealed by WSR 07-24-044, filed 11/30/07, effective 12/31/07. Statutory Authority: RCW 29A.04.611.
434-219-180Ballots—Arrangement of names—Instructions. [Statutory Authority: RCW 29.19.070. WSR 03-23-093, § 434-219-180, filed 11/17/03, effective 12/18/03; WSR 00-03-003, § 434-219-180, filed 1/6/00, effective 2/6/00; WSR 96-03-141, recodified as § 434-219-180, filed 1/24/96, effective 2/24/96; WSR 91-18-012, § 434-75-180, filed 8/26/91, effective 9/26/91.] Repealed by WSR 07-24-044, filed 11/30/07, effective 12/31/07. Statutory Authority: RCW 29A.04.611.
434-219-210Issuing polling place ballots. [Statutory Authority: RCW 29A.04.611. WSR 07-24-044, § 434-219-210, filed 11/30/07, effective 12/31/07. Statutory Authority: RCW 29.19.070. WSR 03-23-093, § 434-219-210, filed 11/17/03, effective 12/18/03; WSR 00-03-003, § 434-219-210, filed 1/6/00, effective 2/6/00; WSR 96-03-141, recodified as § 434-219-210, filed 1/24/96, effective 2/24/96; WSR 91-18-012, § 434-75-210, filed 8/26/91, effective 9/26/91.] Repealed by WSR 11-24-064, filed 12/6/11, effective 1/6/12. Statutory Authority: RCW 29A.04.611, 29A.04.620, and 29A.04.630.
434-219-220Absentee ballots—Declarations—Instructions. [Statutory Authority: RCW 29.19.070. WSR 03-23-093, § 434-219-220, filed 11/17/03, effective 12/18/03; WSR 00-03-003, § 434-219-220, filed 1/6/00, effective 2/6/00; WSR 96-03-141, recodified as § 434-219-220, filed 1/24/96, effective 2/24/96; WSR 91-18-012, § 434-75-220, filed 8/26/91, effective 9/26/91.] Repealed by WSR 07-24-044, filed 11/30/07, effective 12/31/07. Statutory Authority: RCW 29A.04.611.
434-219-240Canvassing consolidated ballots that include a party checkbox. [Statutory Authority: RCW 29A.04.611. WSR 07-24-044, § 434-219-240, filed 11/30/07, effective 12/31/07. Statutory Authority: RCW 29.19.070. WSR 00-03-003, § 434-219-240, filed 1/6/00, effective 2/6/00; WSR 96-03-141, recodified as § 434-219-240, filed 1/24/96, effective 2/24/96; WSR 92-08-032, § 434-75-240, filed 3/24/92, effective 4/1/92; WSR 91-18-012, § 434-75-240, filed 8/26/91, effective 9/26/91.] Repealed by WSR 15-24-001, filed 11/18/15, effective 12/19/15. Statutory Authority: RCW 29A.04.611.
434-219-250Canvassing separate party ballots and consolidated ballots that do not include a party checkbox. [Statutory Authority: RCW 29A.04.611. WSR 07-24-044, § 434-219-250, filed 11/30/07, effective 12/31/07. Statutory Authority: RCW 29.19.070. WSR 03-23-093, § 434-219-250, filed 11/17/03, effective 12/18/03; WSR 00-03-003, § 434-219-250, filed 1/6/00, effective 2/6/00; WSR 96-03-141, recodified as § 434-219-250, filed 1/24/96, effective 2/24/96; WSR 92-08-032, § 434-75-250, filed 3/24/92, effective 4/1/92; WSR 91-18-012, § 434-75-250, filed 8/26/91, effective 9/26/91.] Repealed by WSR 15-24-001, filed 11/18/15, effective 12/19/15. Statutory Authority: RCW 29A.04.611.
434-219-255Tabulating, reporting, and canvassing write-in votes. [Statutory Authority: RCW 29.19.070. WSR 00-03-003, § 434-219-255, filed 1/6/00, effective 2/6/00.] Repealed by WSR 03-23-093, filed 11/17/03, effective 12/18/03. Statutory Authority: RCW 29.19.070.
434-219-260Canvassing and tabulation of presidential primary absentee ballots. [Statutory Authority: RCW 29.19.070. WSR 00-03-003, § 434-219-260, filed 1/6/00, effective 2/6/00; WSR 96-03-141, recodified as § 434-219-260, filed 1/24/96, effective 2/24/96; WSR 91-18-012, § 434-75-260, filed 8/26/91, effective 9/26/91.] Repealed by WSR 07-24-044, filed 11/30/07, effective 12/31/07. Statutory Authority: RCW 29A.04.611.
434-219-270Vote-by-mail precincts. [Statutory Authority: RCW 29.19.070. WSR 00-03-003, § 434-219-270, filed 1/6/00, effective 2/6/00; WSR 96-03-141, recodified as § 434-219-270, filed 1/24/96, effective 2/24/96; WSR 91-18-012, § 434-75-270, filed 8/26/91, effective 9/26/91.] Repealed by WSR 03-23-093, filed 11/17/03, effective 12/18/03. Statutory Authority: RCW 29.19.070.
434-219-280Votes not tabulated. [Statutory Authority: RCW 29.19.070. WSR 03-23-093, § 434-219-280, filed 11/17/03, effective 12/18/03; WSR 00-03-003, § 434-219-280, filed 1/6/00, effective 2/6/00; WSR 96-03-141, recodified as § 434-219-280, filed 1/24/96, effective 2/24/96; WSR 91-18-012, § 434-75-280, filed 8/26/91, effective 9/26/91.] Repealed by WSR 07-24-044, filed 11/30/07, effective 12/31/07. Statutory Authority: RCW 29A.04.611.
434-219-285Record of ballots not tabulated. [Statutory Authority: RCW 29.19.070. WSR 00-03-003, § 434-219-285, filed 1/6/00, effective 2/6/00.] Repealed by WSR 03-23-093, filed 11/17/03, effective 12/18/03. Statutory Authority: RCW 29.19.070.
434-219-300Sealing of voting devices. [Statutory Authority: RCW 29.19.070. WSR 00-03-003, § 434-219-300, filed 1/6/00, effective 2/6/00.] Repealed by WSR 03-23-093, filed 11/17/03, effective 12/18/03. Statutory Authority: RCW 29.19.070.
434-219-350Time for submission and payment of claims for reimbursement. [Statutory Authority: RCW 29.19.070. WSR 96-03-141, recodified as § 434-219-350, filed 1/24/96, effective 2/24/96; WSR 91-18-012, § 434-75-350, filed 8/26/91, effective 9/26/91.] Repealed by WSR 03-23-093, filed 11/17/03, effective 12/18/03. Statutory Authority: RCW 29.19.070.

PDF434-219-050

Procedures to be followed when changing primary date.

If the date of the presidential primary is changed pursuant to RCW 29A.56.020 from the second Tuesday in March to another date, the secretary of state shall promptly notify the county auditors and the chairperson of the national committee of each major political party, in writing, of that date.
[Statutory Authority: RCW 29A.04.611. WSR 19-20-115, § 434-219-050, filed 10/2/19, effective 11/2/19; WSR 07-24-044, § 434-219-050, filed 11/30/07, effective 12/31/07. Statutory Authority: RCW 29.19.070. WSR 96-03-141, recodified as § 434-219-050, filed 1/24/96, effective 2/24/96; WSR 91-18-012, § 434-75-050, filed 8/26/91, effective 9/26/91.]


PDF434-219-120

Certification of candidates.

(1) Per RCW 29A.56.031, the party chair for each major party must provide that party's official list of candidates to the secretary of state no later than 63 days prior to the primary. This list must include the full name of each candidate, the form of the candidate's name as it will appear on the ballot and a signature of the party chair certifying the list as the official party candidates.
(2) Per RCW 29A.56.040(4) each major party may request that the ballot for that party include a response position allowing the voter to indicate the voter's preference for having delegates to the party's national convention remain uncommitted.
(3) Immediately following the receipt of each major party's official list of candidates, the secretary of state shall certify to the county auditors the final list of candidates who will appear on the presidential primary ballot and a response position for uncommitted if requested by either party.
(4) Per RCW 29A.56.031, if a major party chooses to accept votes for write-in candidates in the primary, the party chair for that major party must provide that party's official list of write-in candidates no later than the seventh day prior to the primary. This list must include the full name of each write-in candidate, and a signature of the party chair certifying the list as the official party write-in candidates.
(5) Immediately following the last day for major political parties to submit write-in candidates, the secretary of state shall certify to the county auditors the final list of official write-in candidates to be counted for each party for the presidential primary.
[Statutory Authority: RCW 29A.04.611. WSR 23-15-018, § 434-219-120, filed 7/7/23, effective 8/7/23; WSR 19-20-115, § 434-219-120, filed 10/2/19, effective 11/2/19; WSR 15-24-001, § 434-219-120, filed 11/18/15, effective 12/19/15; WSR 07-24-044, § 434-219-120, filed 11/30/07, effective 12/31/07. Statutory Authority: RCW 29.19.070. WSR 00-03-003, § 434-219-120, filed 1/6/00, effective 2/6/00; WSR 96-03-141, recodified as § 434-219-120, filed 1/24/96, effective 2/24/96; WSR 91-18-012, § 434-75-120, filed 8/26/91, effective 9/26/91.]


PDF434-219-140

Party declarations.

(1) No later than August 15th in the calendar year preceding the year in which the presidential preference primary is to be held, the state chair of each major party shall submit in writing to the secretary of state the exact wording of any party declaration required by rules of the state or national party.
(2) The secretary of state shall certify the language of each major party's declaration to the county auditors no later than August 30th in the calendar year preceding the year in which the presidential preference primary is to be held.
[Statutory Authority: RCW 29A.04.611. WSR 19-20-115, § 434-219-140, filed 10/2/19, effective 11/2/19; WSR 07-24-044, § 434-219-140, filed 11/30/07, effective 12/31/07. Statutory Authority: RCW 29.19.070. WSR 99-22-073, § 434-219-140, filed 11/2/99, effective 12/3/99; WSR 96-03-141, recodified as § 434-219-140, filed 1/24/96, effective 2/24/96; WSR 91-18-012, § 434-75-140, filed 8/26/91, effective 9/26/91.]


PDF434-219-155

Ballot materials.

(1) Each county shall print declarations on the return envelopes in the same format and color as prescribed by the secretary of state which must include:
(a) The standard declaration per WAC 434-230-015 printed on the return envelope along with each political party declaration.
(b) Each political party declaration printed with a checkbox for voters to indicate the party declaration to which they subscribe.
(c) One signature line to serve as both the voter's standard ballot declaration and the signature for the voter's political party declaration.
(2) In addition to ballot requirements listed in WAC 434-230-015:
(a) County auditors must issue consolidated ballots that include the political party ballots printed on one side of a single sheet of paper.
(b) Each ballot must specify the election as "Presidential Primary."
(c) A political party checkbox must not be printed on the ballot.
(d) A "Democratic Party" heading within or under a blue shaded bar and a "Republican Party" heading within or under a red shaded bar printed immediately above the associated list of candidates. Other major political parties included in the primary must have similar headings and color.
(e) The ballot lists of candidates for president for each political party shall be printed in the following order:
The major political party that received the highest number of votes from the electors of this state for the office of president of the United States at the last presidential election must appear first. Other major political parties must follow according to the votes cast for their nominees for president at the last presidential election.
(f) Candidates shall be listed in alphabetical order within each political party as certified by the secretary of state.
(g) Following each list of candidates shall be a response position for a voter to indicate a preference for delegates to the party's national convention to remain uncommitted, if inclusion of the response position is requested by that political party.
(h) Following each list of candidates and any response position for uncommitted, shall be a space for writing in the name of a candidate.
(i) Candidate names shall be printed in a type style and point size that can be read easily. If a candidate's name exceeds the space provided, the election official shall take whatever steps necessary to place the name on the ballot in a manner which is readable. These steps may include, but are not limited to, printing a smaller point size or different type style.
(3) In addition to other instructions normally provided to voters, the county auditor shall include an insert. The insert must provide specific instructions on how to mark the ballot so the ballot will be counted in accordance with the political party declaration signed on the return envelope in substantially the same format as provided by the secretary of state.
(4) Provisional, service, overseas, special absentee and electronically delivered ballots must include political party declarations. If the political party declarations are not printed on the return envelopes, both the ballot and political party declaration must be printed on separate sheets of paper. The voter must be instructed to sign and place the declaration sheet into the ballot return envelope, outside the security envelope. Signatures on both the ballot declaration and the political party declaration are required to count a ballot.
(5) The following WAC sections do not apply to presidential primaries: WAC 434-230-025, 434-230-035, 434-230-045, 434-230-055, 434-230-090, and 434-230-110.
[Statutory Authority: RCW 29A.04.611. WSR 19-20-115, § 434-219-155, filed 10/2/19, effective 11/2/19; WSR 15-24-001, § 434-219-155, filed 11/18/15, effective 12/19/15. Statutory Authority: RCW 29A.04.611, 29A.04.620, and 29A.04.630. WSR 11-24-064, § 434-219-155, filed 12/6/11, effective 1/6/12. Statutory Authority: RCW 29A.04.611. WSR 07-24-044, § 434-219-155, filed 11/30/07, effective 12/31/07.]


PDF434-219-185

Logic and accuracy tests.

The logic and accuracy test shall be conducted pursuant to the provisions of chapter 434-335 WAC and RCW 29A.12.130.
[Statutory Authority: RCW 29A.04.611. WSR 07-24-044, § 434-219-185, filed 11/30/07, effective 12/31/07. Statutory Authority: RCW 29.19.070. WSR 03-23-093, § 434-219-185, filed 11/17/03, effective 12/18/03; WSR 00-03-003, § 434-219-185, filed 1/6/00, effective 2/6/00.]


PDF434-219-190

Special election held in conjunction with the presidential primary.

If a presidential primary occurs on an election date described in RCW 29A.04.330, all measures or candidates for office for which the voters are eligible to vote at that special election shall be listed on the ballot in such a manner that each voter can identify and vote on those candidates or measures separately from the presidential primary candidates.
[Statutory Authority: RCW 29A.04.611. WSR 19-20-115, § 434-219-190, filed 10/2/19, effective 11/2/19. Statutory Authority: RCW 29A.04.611, 29A.04.620, and 29A.04.630. WSR 11-24-064, § 434-219-190, filed 12/6/11, effective 1/6/12. Statutory Authority: RCW 29A.04.611. WSR 09-18-098, § 434-219-190, filed 9/1/09, effective 10/2/09; WSR 07-24-044, § 434-219-190, filed 11/30/07, effective 12/31/07. Statutory Authority: RCW 29.19.070. WSR 96-03-141, recodified as § 434-219-190, filed 1/24/96, effective 2/24/96; WSR 91-18-012, § 434-75-190, filed 8/26/91, effective 9/26/91.]


PDF434-219-200

Direct recording electronic voting devices (DRE).

Ballots cast on direct recording electronic voting devices must be verified as matching the signed political party declaration.
(1) The voter must sign a standard ballot declaration form and select one political party ballot declaration.
(2) If using DREs, the county auditor must use a method that verifies the voter only casts votes according to the political party declaration marked. DREs may be programmed as separate ballots. For consolidated ballots, the county auditor must use one of the following methods:
(a) Provide a separate DRE designated for each political party.
(i) Verify the corresponding party ballots were cast on each device.
(ii) If all ballots cast are of the corresponding political party, all ballots shall be tabulated.
(iii) If any ballots were cast of the opposite political party, those ballots shall be referred to the canvassing board for rejection. All remaining ballots of the corresponding political party shall be duplicated and tabulated; or
(b) Provide a single DRE programmed with all political party ballots.
(i) Keep signed political party declarations in order of voting.
(ii) Compare the party declaration to the corresponding party vote on the ballot. If all ballots cast are of the corresponding political party, ballots shall be tabulated.
(iii) If any ballot fails to correspond with the declared party:
(A) Separate each ballot record and place each in a security envelope.
(B) Place the associated political party declaration with the security envelope into an outer mailing envelope.
(C) Process the ballots in the same manner as electronically returned ballots;
(c) Any other method approved by the secretary of state.
(3) The number of DRE votes must be reconciled with the number of signed declarations.
[Statutory Authority: RCW 29A.04.611. WSR 15-24-001, § 434-219-200, filed 11/18/15, effective 12/19/15.]


PDF434-219-230

Processing of ballots.

(1) Each registered voter desiring to participate in the presidential primary of a major party that requires a declaration shall subscribe to the declaration in order for their vote to be counted.
(2) If the voter selected a political party declaration, a notation of the party selected must be made in the voter's registration file.
(3) If the voter fails to submit a marked and signed political party declaration on the return ballot envelope, the auditor shall send at least one notice by either mail or email and advise the voter of the correct procedures for completing the declaration. If a voter submits a marked and signed political party declaration by the day before the primary is certified, the voter's ballot may be counted if all other requirements are met.
Exception:
A political party selection on a federal write-in absentee ballot form substitutes for the political party declaration.
(4) Ballots must be sorted according to major party declaration choice before removal from the return envelope. Once a ballot is removed from the return envelope and secrecy envelope, it must be inspected and processed consistent with the party declaration. Ballots that have been removed from the return and secrecy envelopes must be processed and stored by party.
(5) If the voter writes in a candidate name, the ballot should be processed in the same manner as WAC 434-262-160, however only votes for candidates contained on an official party list of write-in candidates may be counted.
[Statutory Authority: RCW 29A.04.611. WSR 19-20-115, § 434-219-230, filed 10/2/19, effective 11/2/19; WSR 15-24-001, § 434-219-230, filed 11/18/15, effective 12/19/15. Statutory Authority: RCW 29A.04.611, 29A.04.620, and 29A.04.630. WSR 11-24-064, § 434-219-230, filed 12/6/11, effective 1/6/12. Statutory Authority: RCW 29A.04.611. WSR 07-24-044, § 434-219-230, filed 11/30/07, effective 12/31/07. Statutory Authority: RCW 29.19.070. WSR 03-23-093, § 434-219-230, filed 11/17/03, effective 12/18/03; WSR 00-03-003, § 434-219-230, filed 1/6/00, effective 2/6/00; WSR 96-03-141, recodified as § 434-219-230, filed 1/24/96, effective 2/24/96; WSR 91-18-012, § 434-75-230, filed 8/26/91, effective 9/26/91.]


PDF434-219-235

Statewide standards on what is a vote—Presidential primary.

The following standards determine the validity of political party declarations on a presidential primary return envelope and ballot. All standards listed in WAC 434-261-086 apply to ballots.
(1) In order for a ballot to be valid and included in the ballot count, the ballot must contain one marked political party declaration, if a declaration has been provided by the party, a valid voter signature, and meet other requirements in law and rule. Only a vote on the ballot within the party the voter selected shall be included in the ballot count. Ballots must be rejected by the county canvassing board for the following reasons:
(a) Political party declarations.
(i) The voter selects both political party declarations.
(ii) The voter fails to provide a marked and signed political party declaration by the day before certification of the primary.
(b) Ballots.
(i) The voter votes for a candidate on the ballot not matching the political party declaration.
(ii) The voter votes for candidates in more than one party.
(2) When the voter modifies a party name or wording of a selected political party declaration, the party checkbox is considered unmarked and the voter must be contacted per WAC 434-219-230. Such alterations may include:
(a) Modification of a party name or wording of a selected political party declaration.
(b) A strike through a party name or wording of a selected party declaration without also making another party choice.
(3) When a voter makes a correction to a political party selection, the canvassing board shall consider the voter's intent.
(a) If the voter strikes through a party name or wording of a party declaration, it is considered a correction only when the voter clearly selects another party declaration. Corrections may be resolved in the same manner as marks made on a ballot according to WAC 434-261-086 (1)(c), (d), and (e).
(b) If the voter does not mark inside a party checkbox, a mark or written instruction made outside the party checkbox may still indicate a choice when one declaration is clearly selected. Voter intent issues for marks made outside the party checkbox may be resolved in the same manner as marks made on a ballot according to WAC 434-261-086 (1)(b) and (e).
Exception:
One mark that strikes through a party name or wording of the party declaration does not indicate a selection.
[Statutory Authority: RCW 29A.04.611. WSR 19-20-115, § 434-219-235, filed 10/2/19, effective 11/2/19; WSR 15-24-001, § 434-219-235, filed 11/18/15, effective 12/19/15.]


PDF434-219-290

Certification of presidential primary by secretary of state.

County canvassing boards shall certify the results of the presidential primary ten days following the primary. The county auditor shall transmit the returns to the secretary of state immediately. Not later than seventeen days following the presidential primary, the secretary of state shall certify the results of the presidential primary and notify the candidates and the chairperson of the national and state committees of each major political party of the votes cast for all candidates listed on the ballot.
[Statutory Authority: RCW 29A.04.611. WSR 19-20-115, § 434-219-290, filed 10/2/19, effective 11/2/19. Statutory Authority: RCW 29A.04.611 and 29A.04.620. WSR 16-11-038, § 434-219-290, filed 5/11/16, effective 5/11/16. Statutory Authority: RCW 29A.04.611. WSR 15-24-001, § 434-219-290, filed 11/18/15, effective 12/19/15. Statutory Authority: RCW 29A.04.611, 29A.04.620, and 29A.04.630. WSR 11-24-064, § 434-219-290, filed 12/6/11, effective 1/6/12. Statutory Authority: RCW 29A.04.611. WSR 07-24-044, § 434-219-290, filed 11/30/07, effective 12/31/07. Statutory Authority: RCW 29.19.070. WSR 03-23-093, § 434-219-290, filed 11/17/03, effective 12/18/03; WSR 00-03-003, § 434-219-290, filed 1/6/00, effective 2/6/00; WSR 96-03-141, recodified as § 434-219-290, filed 1/24/96, effective 2/24/96; WSR 91-18-012, § 434-75-290, filed 8/26/91, effective 9/26/91.]


PDF434-219-310

Mandatory statutory recount provisions do not apply.

The provisions of RCW 29A.64.021 regarding mandatory statutory recounts do not apply to a presidential primary.
[Statutory Authority: RCW 29A.04.611. WSR 19-20-115, § 434-219-310, filed 10/2/19, effective 11/2/19; WSR 07-24-044, § 434-219-310, filed 11/30/07, effective 12/31/07. Statutory Authority: RCW 29.19.070. WSR 00-03-003, § 434-219-310, filed 1/6/00, effective 2/6/00; WSR 96-03-141, recodified as § 434-219-310, filed 1/24/96, effective 2/24/96; WSR 91-18-012, § 434-75-310, filed 8/26/91, effective 9/26/91.]


PDF434-219-320

Transmittal of political party preference data and results to the major political parties.

No later than thirty days following the presidential primary:
(1) Upon request, each county auditor shall provide to the county committee of each major political party, at actual reproduction cost, the results of the presidential primary by precinct, and the names and addresses of voters registered in the county who signed a party declaration for that party and the signature was verified.
(2) Upon request, the secretary of state shall provide to the state committees of each major political party, at actual reproduction cost, the names and addresses of all voters registered in the state who signed a party declaration for that party and the signature was verified.
[Statutory Authority: RCW 29A.04.611, 29A.04.620, and 29A.04.630. WSR 11-24-064, § 434-219-320, filed 12/6/11, effective 1/6/12. Statutory Authority: RCW 29A.04.611. WSR 07-24-044, § 434-219-320, filed 11/30/07, effective 12/31/07. Statutory Authority: RCW 29.19.070. WSR 00-03-003, § 434-219-320, filed 1/6/00, effective 2/6/00; WSR 96-03-141, recodified as § 434-219-320, filed 1/24/96, effective 2/24/96; WSR 91-18-012, § 434-75-320, filed 8/26/91, effective 9/26/91.]


PDF434-219-330

Retention of election material.

The county auditor shall maintain all presidential primary material, including ballot request forms, ballot envelopes, and ballots, for a period of twenty-two months following the presidential primary. Sixty days following certification of the presidential primary by the secretary of state, the county auditor must remove from the voter registration files any record of party designation in the presidential primary.
[Statutory Authority: RCW 29A.04.611, 29A.04.620, and 29A.04.630. WSR 11-24-064, § 434-219-330, filed 12/6/11, effective 1/6/12. Statutory Authority: RCW 29A.04.611. WSR 07-24-044, § 434-219-330, filed 11/30/07, effective 12/31/07. Statutory Authority: RCW 29.19.070. WSR 96-03-141, recodified as § 434-219-330, filed 1/24/96, effective 2/24/96; WSR 91-18-012, § 434-75-330, filed 8/26/91, effective 9/26/91.]


PDF434-219-340

Claims for reimbursement.

Following the presidential primary, each county auditor shall provide to the secretary of state a completed claim for reimbursement of expenses incurred by the county in conducting the primary. This cost shall be prorated with any other jurisdictions holding special elections in conjunction with the primary under RCW 29A.04.410. The procedures for allocating such costs shall be the same as those prescribed by the office of the state auditor for election cost allocations to the state, cities, towns, and special purpose districts. Claims for reimbursement and supporting documents shall be submitted to the secretary of state not later than sixty days following the certification of the presidential primary by the secretary of state.
[Statutory Authority: RCW 29A.04.611. WSR 07-24-044, § 434-219-340, filed 11/30/07, effective 12/31/07. Statutory Authority: RCW 29.19.070. WSR 03-23-093, § 434-219-340, filed 11/17/03, effective 12/18/03; WSR 96-03-141, recodified as § 434-219-340, filed 1/24/96, effective 2/24/96; WSR 91-18-012, § 434-75-340, filed 8/26/91, effective 9/26/91.]