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State
Washington
Chapter 29A.04 RCW General provisions



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29A.04.001
Scope of definitions.
Words and phrases as defined in this chapter, wherever used in Title 29A RCW, shall have the meaning as in this chapter ascribed to them, unless where used the context thereof shall clearly indicate to the contrary or unless otherwise defined in the chapter of which they are a part.


[2003 c 111 101. Prior: 1965 c 9 29.01.005. For like prior law see 1907 c 209 1, part; RRS 5177, part. Formerly RCW 29.01.005.]




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29A.04.008
Ballot and related terms.
As used in this title:

(1) "Ballot" means, as the context implies, either:

(a) The issues and offices to be voted upon in a jurisdiction or portion of a jurisdiction at a particular primary, general election, or special election;

(b) A facsimile of the contents of a particular ballot whether printed on a paper ballot or ballot card or as part of a voting machine or voting device;

(c) A physical or electronic record of the choices of an individual voter in a particular primary, general election, or special election; or

(d) The physical document on which the voter's choices are to be recorded;

(2) "Paper ballot" means a piece of paper on which the ballot for a particular election or primary has been printed, on which a voter may record his or her choices for any candidate or for or against any measure, and that is to be tabulated manually;

(3) "Ballot card" means any type of card or piece of paper of any size on which a voter may record his or her choices for any candidate and for or against any measure and that is to be tabulated on a vote tallying system;

(4) "Sample ballot" means a printed facsimile of all the issues and offices on the ballot in a jurisdiction and is intended to give voters notice of the issues, offices, and candidates that are to be voted on at a particular primary, general election, or special election;

(5) "Provisional ballot" means a ballot issued at the polling place on election day by the precinct election board to a voter who would otherwise be denied an opportunity to vote a regular ballot, for any reason authorized by the Help America Vote Act, including but not limited to the following:

(a) The voter's name does not appear in the poll book;

(b) There is an indication in the poll book that the voter has requested an absentee ballot, but the voter wishes to vote at the polling place;

(c) There is a question on the part of the voter concerning the issues or candidates on which the voter is qualified to vote;

(d) Any other reason allowed by law;

(6) "Party ballot" means a primary election ballot specific to a particular major political party that lists all partisan offices to be voted on at that primary, and the candidates for those offices who affiliate with that same major political party;

(7) "Nonpartisan ballot" means a primary election ballot that lists all nonpartisan races and ballot measures to be voted on at that primary.


[2005 c 243 1; 2004 c 271 102.]




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29A.04.013
Canvassing.
"Canvassing" means the process of examining ballots or groups of ballots, subtotals, and cumulative totals in order to determine the official returns of a primary or general election and includes the tabulation of any votes that were not tabulated at the precinct or in a counting center on the day of the primary or election.


[2003 c 111 103; 1990 c 59 3. Formerly RCW 29.01.008.]

Notes: Intent -- 1990 c 59: "By this act the legislature intends to unify and simplify the laws and procedures governing filing for elective office, ballot layout, ballot format, voting equipment, and canvassing." [1990 c 59 1.]

Effective date -- 1990 c 59: "Sections 1 through 6, 8 through 96, and 98 through 112 of this act shall take effect July 1, 1992." [1990 c 59 113.]







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29A.04.019
Counting center.
"Counting center" means the facility or facilities designated by the county auditor to count and canvass mail ballots, absentee ballots, and polling place ballots that are transferred to a central site to be counted, rather than being counted by a poll-site ballot counting device, on the day of a primary or election.


[2003 c 111 104. Prior: 1999 c 158 1; 1990 c 59 4. Formerly RCW 29.01.042.]

Notes: Intent -- Effective date -- 1990 c 59: See notes following RCW 29A.04.013.






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29A.04.025
County auditor.
"County auditor" means the county auditor in a noncharter county or the officer, irrespective of title, having the overall responsibility to maintain voter registration and to conduct state and local elections in a charter county.


[2003 c 111 105; 1984 c 106 1. Formerly RCW 29.01.043.]




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29A.04.031
Date of mailing.
For registered voters voting by absentee or mail ballot, "date of mailing" means the date of the postal cancellation on the envelope in which the ballot is returned to the election official by whom it was issued. For all nonregistered absentee voters, "date of mailing" means the date stated by the voter on the envelope in which the ballot is returned to the election official by whom it was issued.


[2003 c 111 106; 1987 c 346 3. Formerly RCW 29.01.045.]

Notes: Legislative intent -- Effective date -- 1987 c 346: See notes following RCW 29A.40.010.






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29A.04.037
Disabled voter.
"Disabled voter" means any registered voter who qualifies for special parking privileges under RCW 46.16.381, or who is defined as blind under RCW 74.18.020, or who qualifies to require assistance with voting under RCW 29A.44.240.


[2003 c 111 107. Prior: 1987 c 346 4. Formerly RCW 29.01.047.]

Notes: Legislative intent -- Effective date -- 1987 c 346: See notes following RCW 29A.40.010.






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29A.04.043
Election.
"Election" when used alone means a general election except where the context indicates that a special election is included. "Election" when used without qualification does not include a primary.


[2003 c 111 108. Prior: 1990 c 59 5; 1965 c 9 29.01.050; prior: 1907 c 209 1, part; RRS 5177(c). See also 1950 ex.s. c 14 3. Formerly RCW 29.01.050.]

Notes: Intent -- Effective date -- 1990 c 59: See notes following RCW 29A.04.013.






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29A.04.049
Election board.
"Election board" means a group of election officers serving one precinct or a group of precincts in a polling place.


[2003 c 111 109; 1986 c 167 1. Formerly RCW 29.01.055.]

Notes: Severability -- 1986 c 167: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1986 c 167 26.]






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29A.04.055
Election officer.
"Election officer" includes any officer who has a duty to perform relating to elections under the provisions of any statute, charter, or ordinance.


[2003 c 111 110. Prior: 1965 c 9 29.01.060. Formerly RCW 29.01.060.]




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29A.04.061
Elector.
"Elector" means any person who possesses all of the qualifications to vote under Article VI of the state Constitution.


[2003 c 111 111. Prior: 1987 c 346 2. Formerly RCW 29.01.065.]

Notes: Legislative intent -- Effective date -- 1987 c 346: See notes following RCW 29A.40.010.






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29A.04.067
Filing officer.
"Filing officer" means the county or state officer with whom declarations of candidacy for an office are required to be filed under this title.


[2003 c 111 112. Prior: 1990 c 59 77. Formerly RCW 29.01.068.]

Notes: Intent -- Effective date -- 1990 c 59: See notes following RCW 29A.04.013.






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29A.04.073
General election.
"General election" means an election required to be held on a fixed date recurring at regular intervals.


[2003 c 111 113. Prior: 1965 c 9 29.01.070 . Formerly RCW 29.01.070.]




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29A.04.079
Infamous crime.
An "infamous crime" is a crime punishable by death in the state penitentiary or imprisonment in a state correctional facility.


[2003 c 111 114. Prior: 1992 c 7 31; 1965 c 9 29.01.080; prior: Code 1881 3054; 1865 p 25 5; RRS 5113. Formerly RCW 29.01.080.]

Notes:Contests, conviction of felony without reversal or restoration of civil rights as grounds for: RCW 29A.68.020.
Denial of civil rights for conviction of infamous crime: State Constitution Art. 6 3.






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29A.04.086
Major political party.
"Major political party" means a political party of which at least one nominee for president, vice president, United States senator, or a statewide office received at least five percent of the total vote cast at the last preceding state general election in an even-numbered year. A political party qualifying as a major political party under this section retains such status until the next even-year election at which a candidate of that party does not achieve at least five percent of the vote for one of the previously specified offices. If none of these offices appear on the ballot in an even-year general election, the major party retains its status as a major party through that election. However, a political party of which no nominee received at least ten percent of the total vote cast may forgo its status as a major political party by filing with the secretary of state an appropriate party rule within sixty days of attaining major party status under this section, or within fifteen days of June 10, 2004, whichever is later.


[2004 c 271 103.]




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29A.04.091
Measures.
"Measure" includes any proposition or question submitted to the voters.


[2003 c 111 117; 1965 c 9 29.01.110. Formerly RCW 29.01.110.]




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29A.04.097
Minor political party.
"Minor political party" means a political organization other than a major political party.


[2003 c 111 116. Prior: 1965 c 9 29.01.100 ; prior: 1955 c 102 8; prior: 1907 c 209 26, part; RRS 5203, part. Formerly RCW 29.01.100.]

Notes:Minor party convention: RCW 29A.20.110 through 29A.20.200.
Political parties: Chapter 29A.80 RCW.






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29A.04.103
Out-of-state voter.
"Out-of-state voter" means any elector of the state of Washington outside the state but not outside the territorial limits of the United States or the District of Columbia.


[2003 c 111 118. Prior: 1987 c 346 5. Formerly RCW 29.01.113.]

Notes: Legislative intent -- Effective date -- 1987 c 346: See notes following RCW 29A.40.010.






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29A.04.109
Overseas voter.
"Overseas voter" means any elector of the state of Washington outside the territorial limits of the United States or the District of Columbia.


[2003 c 111 119. Prior: 1987 c 346 6. Formerly RCW 29.01.117.]

Notes: Legislative intent -- Effective date -- 1987 c 346: See notes following RCW 29A.40.010.






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29A.04.110
Partisan office. (Effective if unconstitutionality of Initiative Measure No. 872 is reversed by pending appeal.)
"Partisan office" means a public office for which a candidate may indicate a political party preference on his or her declaration of candidacy and have that preference appear on the primary and general election ballot in conjunction with his or her name. The following are partisan offices:

(1) United States senator and United States representative;

(2) All state offices, including legislative, except (a) judicial offices and (b) the office of superintendent of public instruction;

(3) All county offices except (a) judicial offices and (b) those offices for which a county home rule charter provides otherwise.


[2005 c 2 4 (Initiative Measure No. 872, approved November 2, 2004).]

Notes: Reviser's note: Initiative Measure No. 872 was declared unconstitutional in its entirety in Washington State Republican Party, et al. v. Logan, et al., U.S.D.C. No. CV05-0927-TSZ (W.D. Wash. 2005). The decision was under appeal at the time this material was published.

Short title -- Intent -- Contingent effective date -- 2005 c 2 (Initiative Measure No. 872): See notes following RCW 29A.52.112.







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29A.04.115
Poll-site ballot counting devices.
"Poll-site ballot counting device" means a device programmed to accept voted ballots at a polling place for the purpose of tallying and storing the ballots on election day.


[2003 c 111 120. Prior: 1999 c 158 2. Formerly RCW 29.01.119.]




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29A.04.121
Precinct.
"Precinct" means a geographical subdivision for voting purposes that is established by a county legislative authority.


[2003 c 111 121; 1965 c 9 29.01.120. Prior: 1933 c 1 2; RRS 5114-2; prior: 1915 c 16 1; RRS 5114. Formerly RCW 29.01.120.]




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29A.04.127
Primary. (Effective if unconstitutionality of Initiative Measure No. 872 is reversed by pending appeal.)
"Primary" or "primary election" means a procedure for winnowing candidates for public office to a final list of two as part of a special or general election. Each voter has the right to cast a vote for any candidate for each office without any limitation based on party preference or affiliation, of either the voter or the candidate.


[2005 c 2 5 (Initiative Measure No. 872, approved November 2, 2004); 2003 c 111 122. Prior: 1965 c 9 29.01.130 ; prior: 1907 c 209 1, part; RRS 5177(a). See also 1950 ex.s. c 14 2. Formerly RCW 29.01.130.]

Notes: Reviser's note: (1) Initiative Measure No. 872 was declared unconstitutional in its entirety in Washington State Republican Party, et al. v. Logan, et al., U.S.D.C. No. CV05-0927-TSZ (W.D. Wash. 2005). The decision was under appeal at the time this material was published.

(2) RCW 29A.04.127 was amended by 2005 c 2 5 (Initiative Measure No. 872) without cognizance of its repeal by 2004 c 271 193. For rule of construction, see RCW 1.12.025.

Short title -- Intent -- Contingent effective date -- 2005 c 2 (Initiative Measure No. 872): See notes following RCW 29A.52.112.


Nonpartisan primaries: RCW 29A.52.210 through 29A.52.240.

Partisan primaries: RCW 29A.28.010, 29A.28.020, 29A.52.111 through 29A.52.130.

Presidential primary: RCW 29A.56.010 through 29A.56.060.

Times for holding primaries: RCW 29A.04.311.

RCW 29A.04

Primary.

[2003 c 111 122. Prior: 1965 c 9 29.01.130; prior: 1907 c 209 1, part; RRS 5177(a). See also 1950 ex.s. c 14 2. Formerly RCW 29.01.130.] Repealed by 2004 c 271 193.

Notes: Reviser's note: (1) Initiative Measure No. 872 was declared unconstitutional in its entirety in Washington State Republican Party, et al. v. Logan, et al., U.S.D.C. No. CV05-0927-TSZ (W.D. Wash. 2005). The decision was under appeal at the time this material was published.

(2) RCW 29A.04.127 was amended by 2005 c 2 5 (Initiative Measure No. 872) without cognizance of its repeal by 2004 c 271 193. For rule of construction, see RCW 1.12.025.






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29A.04.128
Primary.
"Primary" or "primary election" means a statutory procedure for nominating candidates to public office at the polls.


[2004 c 271 152.]




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29A.04.133
Qualified.
"Qualified" when pertaining to a winner of an election means that for such election:

(1) The results have been certified;

(2) A certificate has been issued;

(3) Any required bond has been posted; and

(4) The winner has taken and subscribed an oath or affirmation in compliance with the appropriate statute, or if none is specified, that he or she will faithfully and impartially discharge the duties of the office to the best of his or her ability. This oath or affirmation shall be administered and certified by any officer or notary public authorized to administer oaths, without charge therefor.


[2003 c 111 123. Prior: 1979 ex.s. c 126 2. Formerly RCW 29.01.135.]

Notes: Purpose -- 1979 ex.s. c 126: RCW 29A.20.040(1).






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29A.04.139
Recount.
"Recount" means the process of retabulating ballots and producing amended election returns based on that retabulation, even if the vote totals have not changed.


[2003 c 111 124. Prior: 2001 c 225 1. Formerly RCW 29.01.136.]




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29A.04.145
Registered voter.
"Registered voter" means any elector who has completed the statutory registration procedures established by this title. The terms "registered voter" and "qualified elector" are synonymous.


[2003 c 111 125; 1987 c 346 7. Formerly RCW 29.01.137.]

Notes: Legislative intent -- Effective date -- 1987 c 346: See notes following RCW 29A.40.010.






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29A.04.151
Residence.
"Residence" for the purpose of registering and voting means a person's permanent address where he or she physically resides and maintains his or her abode. However, no person gains residence by reason of his or her presence or loses his or her residence by reason of his or her absence:

(1) While employed in the civil or military service of the state or of the United States;

(2) While engaged in the navigation of the waters of this state or the United States or the high seas;

(3) While a student at any institution of learning;

(4) While confined in any public prison.

Absence from the state on business shall not affect the question of residence of any person unless the right to vote has been claimed or exercised elsewhere.


[2003 c 111 126; 1971 ex.s. c 178 1; 1965 c 9 29.01.140. Prior: 1955 c 181 1; prior: (i) Code 1881 3051; 1865 p 25 2; RRS 5110. (ii) Code 1881 3053; 1866 p 8 11; 1865 p 25 4; RRS 5111. Formerly RCW 29.01.140.]

Notes:Residence, contingencies affecting: State Constitution Art. 6 4.





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29A.04.157
September primary. (Effective if unconstitutionality of Initiative Measure No. 872 is affirmed by pending appeal.)
"September primary" means the primary election held in September to nominate candidates to be voted for at the ensuing election.


[2003 c 111 128. Prior: 1965 c 9 29.01.160 ; prior: 1907 c 209 1, part; RRS 5177(b). Formerly RCW 29.01.160.]

Notes: Reviser's note: Initiative Measure No. 872 was declared unconstitutional in its entirety in Washington State Republican Party, et al. v. Logan, et al., U.S.D.C. No. CV05-0927-TSZ (W.D. Wash. 2005). The decision was under appeal at the time this material was published.

RCW 29A.04

September primary. (Effective if unconstitutionality of Initiative Measure No. 872 is reversed by pending appeal.)

[2003 c 111 128. Prior: 1965 c 9 29.01.160 ; prior: 1907 c 209 1, part; RRS 5177(b). Formerly RCW 29.01.160.] Repealed by 2005 c 2 17 (Initiative Measure No. 872, approved November 2, 2004).

Notes: Reviser's note: Initiative Measure No. 872 was declared unconstitutional in its entirety in Washington State Republican Party, et al. v. Logan, et al., U.S.D.C. No. CV05-0927-TSZ (W.D. Wash. 2005). The decision was under appeal at the time this material was published.






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29A.04.158
September primary.
"September primary" means the primary election held in September to nominate candidates to be voted for at the ensuing election.


[2004 c 271 187.]




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29A.04.163
Service voter.
"Service voter" means any elector of the state of Washington who is a member of the armed forces under 42 U.S.C. Sec. 1973 ff-6 while in active service, is a student or member of the faculty at a United States military academy, is a member of the merchant marine of the United States, is a program participant as defined in RCW 40.24.020, or is a member of a religious group or welfare agency officially attached to and serving with the armed forces of the United States.


[2003 c 111 127. Prior: 1991 c 23 13; 1987 c 346 8. Formerly RCW 29.01.155.]

Notes: Legislative intent -- Effective date -- 1987 c 346: See notes following RCW 29A.40.010.






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29A.04.169
Short term.
"Short term" means the brief period of time starting upon the completion of the certification of election returns and ending with the start of the full term and is applicable only when the office concerned is being held by an appointee to fill a vacancy. The vacancy must have occurred after the last election at which such office could have been voted upon for an unexpired term. Short term elections are always held in conjunction with elections for the full term for the office.


[2003 c 111 130; 1975-'76 2nd ex.s. c 120 14. Formerly RCW 29.01.180.]

Notes: Severability -- 1975-'76 2nd ex.s. c 120: See note following RCW 29A.52.210.






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29A.04.175
Special election.
"Special election" means any election that is not a general election and may be held in conjunction with a general election or primary.


[2003 c 111 129; 1965 c 9 29.01.170. Prior: Code 1881 3056; 1865 p 27 2; RRS 5155. Formerly RCW 29.01.170.]




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29A.04.205
State policy.
It is the policy of the state of Washington to encourage every eligible person to register to vote and to participate fully in all elections, and to protect the integrity of the electoral process by providing equal access to the process while guarding against discrimination and fraud. The election registration laws and the voting laws of the state of Washington must be administered without discrimination based upon race, creed, color, national origin, sex, or political affiliation.


[2003 c 111 132; 2001 c 41 1. Formerly RCW 29.04.001.]




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29A.04.206
Voters' rights. (Effective if unconstitutionality of Initiative Measure No. 872 is reversed by pending appeal.)
The rights of Washington voters are protected by its constitution and laws and include the following fundamental rights:

(1) The right of qualified voters to vote at all elections;

(2) The right of absolute secrecy of the vote. No voter may be required to disclose political faith or adherence in order to vote;

(3) The right to cast a vote for any candidate for each office without any limitation based on party preference or affiliation, of either the voter or the candidate.


[2005 c 2 3 (Initiative Measure No. 872, approved November 2, 2004).]

Notes: Reviser's note: Initiative Measure No. 872 was declared unconstitutional in its entirety in Washington State Republican Party, et al. v. Logan, et al., U.S.D.C. No. CV05-0927-TSZ (W.D. Wash. 2005). The decision was under appeal at the time this material was published.

Short title -- Intent -- Contingent effective date -- 2005 c 2 (Initiative Measure No. 872): See notes following RCW 29A.52.112.







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29A.04.210
Registration required Exception.
Only a registered voter shall be permitted to vote:

(1) At any election held for the purpose of electing persons to public office;

(2) At any recall election of a public officer;

(3) At any election held for the submission of a measure to any voting constituency;

(4) At any primary election.

This section does not apply to elections where being registered to vote is not a prerequisite to voting.


[2003 c 111 133; 1965 c 9 29.04.010. Prior: 1955 c 181 8; prior: (i) 1933 c 1 22, part; RRS 5114-22, part. (ii) 1933 c 1 23; RRS 5114-23. See also 1935 c 26 3; RRS 5189. Formerly RCW 29.04.010.]

Notes:Out-of-state, overseas, service voters, same ballots as registered voters: RCW 29A.40.010.
Subversive activities, disqualification from voting: RCW 9.81.040.






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29A.04.216
County auditor Duties Exceptions.
The county auditor of each county shall be ex officio the supervisor of all primaries and elections, general or special, and it shall be the county auditor's duty to provide places for holding such primaries and elections; to appoint the precinct election officers and to provide for their compensation; to provide the supplies and materials necessary for the conduct of elections to the precinct election officers; and to publish and post notices of calling such primaries and elections in the manner provided by law. The notice of a primary held in an even-numbered year must indicate that the office of precinct committee officer will be on the ballot. The auditor shall also apportion to each city, town, or district, and to the state of Washington in the odd-numbered year, its share of the expense of such primaries and elections. This section does not apply to general or special elections for any city, town, or district that is not subject to RCW 29A.04.321 and 29A.04.330, but all such elections must be held and conducted at the time, in the manner, and by the officials (with such notice, requirements for filing for office, and certifications by local officers) as provided and required by the laws governing such elections.


[2004 c 271 104.]




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29A.04.220
County auditor Public notice of availability of services.
The county auditor shall provide public notice of the availability of registration and voting aids, assistance to elderly and disabled persons, and procedures for voting by absentee ballot calculated to reach elderly and disabled persons not later than public notice of the closing of registration for a primary or election.


[2003 c 111 135; 1999 c 298 18; 1985 c 205 10. Formerly RCW 29.57.140.]

Notes: Effective dates -- 1985 c 205: See note following RCW 29A.16.140.






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29A.04.225
Public disclosure reports. (Effective until July 1, 2006.)
Each county auditor or county elections official shall ensure that reports filed pursuant to chapter 42.17 RCW are arranged, handled, indexed, and disclosed in a manner consistent with the rules of the public disclosure commission adopted under RCW 42.17.375.


[2003 c 111 136. Prior: 1983 c 294 2. Formerly RCW 29.04.025.]


RCW 29A.04

Public disclosure reports. (Effective July 1, 2006.)
Each county auditor or county elections official shall ensure that reports filed pursuant to chapter 42.56 RCW are arranged, handled, indexed, and disclosed in a manner consistent with the rules of the public disclosure commission adopted under RCW 42.17.375.


[2005 c 274 248; 2003 c 111 136. Prior: 1983 c 294 2. Formerly RCW 29.04.025.]

Notes: Part headings not law -- Effective date--2005 c 274: See RCW 42.56.901 and 42.56.902.







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29A.04.230
Secretary of state as chief election officer.
The secretary of state through the election division shall be the chief election officer for all federal, state, county, city, town, and district elections that are subject to this title. The secretary of state shall keep records of elections held for which he or she is required by law to canvass the results, make such records available to the public upon request, and coordinate those state election activities required by federal law.


[2003 c 111 137; 1994 c 57 4; 1965 c 9 29.04.070 . Prior: 1963 c 200 23; 1949 c 161 12; Rem. Supp. 1949 5147-2. Formerly RCW 29.04.070.]

Notes: Severability -- 1994 c 57: See note following RCW 10.64.021.






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29A.04.235
Election laws for county auditors.
The secretary of state shall ensure that each county auditor is provided with the most recent version of the election laws of the state, as contained in this title. Where amendments have been enacted after the last compilation of the election laws, he or she shall ensure that each county auditor receives a copy of those amendments before the next primary or election. The county auditor shall ensure that any statutory information necessary for the precinct election officers to perform their duties is supplied to them in a timely manner.


[2003 c 111 138; 1965 c 9 29.04.060. Prior: (i) 1907 c 209 16; RRS 5193. (ii) 1889 p 413 34; RRS 5299. Formerly RCW 29.04.060.]




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29A.04.236
Manual of election laws and rules.
The secretary of state shall prepare a manual that explains all election laws and rules in easy-to-understand, plain language for use during the vote counting, recounting, tabulation, and canvassing process. The secretary of state shall print and distribute sufficient copies of the manual so that it is available for use in all vote-counting centers throughout the state. The secretary of state may also make the manual available in electronic form.


[2005 c 244 1.]




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29A.04.240
Information in foreign languages.
In order to encourage the broadest possible voting participation by all eligible citizens, the secretary of state shall produce voter registration information in the foreign languages required of state agencies.


[2003 c 111 139; 2001 c 41 3. Formerly RCW 29.04.085.]




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29A.04.245
Voter guide.
The secretary of state shall cause to be produced a "voter guide" detailing what constitutes voter fraud and discrimination under state election laws. This voter guide must be provided to every county election officer and auditor, and any other person upon request.


[2003 c 111 140; 2001 c 41 4. Formerly RCW 29.04.088.]




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29A.04.250
Toll-free media and web page.
The secretary of state shall provide a toll-free media and web page designed to allow voter communication with the office of the secretary of state.


[2003 c 111 141. Prior: 2001 c 41 5. Formerly RCW 29.04.091.]




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29A.04.255
Electronic facsimile documents Acceptance.
The secretary of state or a county auditor shall accept and file in his or her office electronic facsimile transmissions of the following documents:

(1) Declarations of candidacy;

(2) County canvass reports;

(3) Voters' pamphlet statements;

(4) Arguments for and against ballot measures that will appear in a voters' pamphlet;

(5) Requests for recounts;

(6) Certification of candidates and measures by the secretary of state;

(7) Direction by the secretary of state for the conduct of a mandatory recount;

(8) Requests for absentee ballots;

(9) Any other election related document authorized by rule adopted by the secretary of state under *RCW 29A.04.610.

The acceptance by the secretary of state or the county auditor is conditional upon the document being filed in a timely manner, being legible, and otherwise satisfying the requirements of state law or rules with respect to form and content.

If the original copy of a document must be signed and a copy of the document is filed by facsimile transmission under this section, the original copy must be subsequently filed with the official with whom the facsimile was filed. The original copy must be filed by a deadline established by the secretary by rule. The secretary may by rule require that the original of any document, a copy of which is filed by facsimile transmission under this section, also be filed by a deadline established by the secretary by rule.


[2004 c 266 5; 2003 c 111 142; 1991 c 186 1. Formerly RCW 29.04.230.]

Notes: *Reviser's note: RCW 29A.04.610 was amended by 2004 c 267 702 and repealed by 2004 c 271 193. Also cf. RCW 29A.04.611.

Effective date -- 2004 c 266: See note following RCW 29A.04.575.







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29A.04.310
Primaries. (Effective if unconstitutionality of Initiative Measure No. 872 is reversed by pending appeal.)
Primaries for general elections to be held in November must be held on:

(1) The third Tuesday of the preceding September; or

(2) The seventh Tuesday immediately preceding that general election, whichever occurs first.


[2005 c 2 8 (Initiative Measure No. 872, approved November 2, 2004); 2003 c 111 143; 1977 ex.s. c 361 29; 1965 ex.s. c 103 6; 1965 c 9 29.13.070 . Prior: 1963 c 200 25; 1907 c 209 3; RRS 5179. Formerly RCW 29.13.070.]

Notes: Reviser's note: (1) Initiative Measure No. 872 was declared unconstitutional in its entirety in Washington State Republican Party, et al. v. Logan, et al., U.S.D.C. No. CV05-0927-TSZ (W.D. Wash. 2005). The decision was under appeal at the time this material was published.

(2) RCW 29A.04.310 was amended by 2005 c 2 8 (Initiative Measure No. 872) without cognizance of its repeal by 2004 c 271 193. For rule of construction, see RCW 1.12.025.

Short title -- Intent -- Contingent effective date -- 2005 c 2 (Initiative Measure No. 872): See notes following RCW 29A.52.112.


Effective date -- Severability -- 1977 ex.s. c 361: See notes following RCW 29A.16.040.


RCW 29A.04

Primaries.

[2003 c 111 143; 1977 ex.s. c 361 29; 1965 ex.s. c 103 6; 1965 c 9 29.13.070. Prior: 1963 c 200 25; 1907 c 209 3; RRS 5179. Formerly RCW 29.13.070.] Repealed by 2004 c 271 193.

Notes: Reviser's note: (1) Initiative Measure No. 872 was declared unconstitutional in its entirety in Washington State Republican Party, et al. v. Logan, et al., U.S.D.C. No. CV05-0927-TSZ (W.D. Wash. 2005). The decision was under appeal at the time this material was published.

(2) RCW 29A.04.310 was amended by 2005 c 2 8 (Initiative Measure No. 872) without cognizance of its repeal by 2004 c 271 193. For rule of construction, see RCW 1.12.025.






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29A.04.311
Primaries.
Nominating primaries for general elections to be held in November, and the election of precinct committee officers, must be held on the third Tuesday of the preceding September or on the seventh Tuesday immediately preceding such general election, whichever occurs first.


[2004 c 271 105.]




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29A.04.321
State and local general elections Statewide general election Exceptions Special county elections.
(1) All state, county, city, town, and district general elections for the election of federal, state, legislative, judicial, county, city, town, and district officers, and for the submission to the voters of the state, county, city, town, or district of any measure for their adoption and approval or rejection, shall be held on the first Tuesday after the first Monday of November, in the year in which they may be called. A statewide general election shall be held on the first Tuesday after the first Monday of November of each year. However, the statewide general election held in odd-numbered years shall be limited to (a) city, town, and district general elections as provided for in RCW 29A.04.330, or as otherwise provided by law; (b) the election of federal officers for the remainder of any unexpired terms in the membership of either branch of the Congress of the United States; (c) the election of state and county officers for the remainder of any unexpired terms of offices created by or whose duties are described in Article II, section 15, Article III, sections 16, 17, 19, 20, 21, 22, and 23, and Article IV, sections 3 and 5 of the state Constitution and RCW 2.06.080; (d) the election of county officers in any county governed by a charter containing provisions calling for general county elections at this time; and (e) the approval or rejection of state measures, including proposed constitutional amendments, matters pertaining to any proposed constitutional convention, initiative measures and referendum measures proposed by the electorate, referendum bills, and any other matter provided by the legislature for submission to the electorate.

(2) A county legislative authority may, if it deems an emergency to exist, call a special county election by presenting a resolution to the county auditor at least forty-five days prior to the proposed election date. Except as provided in subsection (4) of this section, a special election called by the county legislative authority shall be held on one of the following dates as decided by such governing body:

(a) The first Tuesday after the first Monday in February;

(b) The second Tuesday in March;

(c) The fourth Tuesday in April;

(d) The third Tuesday in May;

(e) The day of the primary as specified by RCW 29A.04.311; or

(f) The first Tuesday after the first Monday in November.

(3) In addition to the dates set forth in subsection (2)(a) through (f) of this section, a special election to validate an excess levy or bond issue may be called at any time to meet the needs resulting from fire, flood, earthquake, or other act of God. Such county special election shall be noticed and conducted in the manner provided by law.

(4) In a presidential election year, if a presidential preference primary is conducted in February, March, April, or May under chapter 29A.56 RCW, the date on which a special election may be called by the county legislative authority under subsection (2) of this section during the month of that primary is the date of the presidential primary.

(5) This section shall supersede the provisions of any and all other statutes, whether general or special in nature, having different dates for such city, town, and district elections, the purpose of this section being to establish mandatory dates for holding elections except for those elections held pursuant to a home-rule charter adopted under Article XI, section 4 of the state Constitution. This section shall not be construed as fixing the time for holding primary elections, or elections for the recall of any elective public officer.


[2004 c 271 106.]




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29A.04.330
City, town, and district general and special elections Exceptions.
(1) All city, town, and district general elections shall be held throughout the state of Washington on the first Tuesday following the first Monday in November in the odd-numbered years.

This section shall not apply to:

(a) Elections for the recall of any elective public officer;

(b) Public utility districts, conservation districts, or district elections at which the ownership of property within those districts is a prerequisite to voting, all of which elections shall be held at the times prescribed in the laws specifically applicable thereto;

(c) Consolidation proposals as provided for in RCW 28A.315.235 and nonhigh capital fund aid proposals as provided for in chapter 28A.540 RCW.

(2) The county auditor, as ex officio supervisor of elections, upon request in the form of a resolution of the governing body of a city, town, or district, presented to the auditor at least forty-five days prior to the proposed election date, may, if the county auditor deems an emergency to exist, call a special election in such city, town, or district, and for the purpose of such special election he or she may combine, unite, or divide precincts. Except as provided in subsection (3) of this section, such a special election shall be held on one of the following dates as decided by the governing body:

(a) The first Tuesday after the first Monday in February;

(b) The second Tuesday in March;

(c) The fourth Tuesday in April;

(d) The third Tuesday in May;

(e) The day of the primary election as specified by *RCW 29A.04.310; or

(f) The first Tuesday after the first Monday in November.

(3) In a presidential election year, if a presidential preference primary is conducted in February, March, April, or May under chapter 29A.56 RCW, the date on which a special election may be called under subsection (2) of this section during the month of that primary is the date of the presidential primary.

(4) In addition to subsection (2)(a) through (f) of this section, a special election to validate an excess levy or bond issue may be called at any time to meet the needs resulting from fire, flood, earthquake, or other act of God, except that no special election may be held between the first day for candidates to file for public office and the last day to certify the returns of the general election other than as provided in subsection (2)(e) and (f) of this section. Such special election shall be conducted and notice thereof given in the manner provided by law.

(5) This section shall supersede the provisions of any and all other statutes, whether general or special in nature, having different dates for such city, town, and district elections, the purpose of this section being to establish mandatory dates for holding elections.


[2004 c 266 6; 2003 c 111 145; 2002 c 43 2; 1994 c 142 2; 1992 c 37 2; 1990 c 33 562; 1989 c 4 10 (Initiative Measure No. 99); 1986 c 167 6; 1980 c 3 2; 1975-'76 2nd ex.s. c 111 2; 1965 c 123 3; 1965 c 9 29.13.020 . Prior: 1963 c 200 1; 1955 c 55 1; 1951 c 101 1; 1949 c 161 1; 1927 c 182 1; 1923 c 53 2; 1921 c 61 2; Rem. Supp. 1949 5144. Formerly RCW 29.13.020.]

Notes: *Reviser's note: RCW 29A.04.310 was repealed by 2004 c 271 193. For date of primary election, see RCW 29A.04.311.

Effective date -- 2004 c 266: See note following RCW 29A.04.575.


Intent -- 2002 c 43: "The legislature finds that there are conflicting interpretations as to the intent of the legislature in the enactment of chapter 305, Laws of 1999. The purpose of this act is to make statutory changes that further clarify this intent.

It is the intent of the legislature that elections of conservation district supervisors continue to be conducted under procedures in the conservation district statutes, chapter 89.08 RCW, and that such elections not be conducted under the general election laws contained in Title 29 RCW. Further, it is the intent of the legislature that there be no change made with regard to applicability of the public disclosure act, chapter 42.17 RCW, to conservation district supervisors from those that existed before the enactment of chapter 305, Laws of 1999." [2002 c 43 1.]


Effective date -- 2002 c 43: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 14, 2002]." [2002 c 43 6.]


Effective date -- 1994 c 142: "This act shall take effect January 1, 1995." [1994 c 142 3.]


Purpose -- Statutory references -- Severability -- 1990 c 33: See RCW 28A.900.100 through 28A.900.102.


Severability -- 1986 c 167: See note following RCW 29A.04.049.


Severability -- 1975-'76 2nd ex.s. c 111: "If any provision of this 1976 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1975-'76 2nd ex.s. c 111 3.]







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29A.04.410
Costs borne by constituencies.
Every city, town, and district is liable for its proportionate share of the costs when such elections are held in conjunction with other elections held under RCW *29A.04.320 and 29A.04.330.

Whenever any city, town, or district holds any primary or election, general or special, on an isolated date, all costs of such elections must be borne by the city, town, or district concerned.

The purpose of this section is to clearly establish that the county is not responsible for any costs involved in the holding of any city, town, or district election.

In recovering such election expenses, including a reasonable pro-ration of administrative costs, the county auditor shall certify the cost to the county treasurer with a copy to the clerk or auditor of the city, town, or district concerned. Upon receipt of such certification, the county treasurer shall make the transfer from any available and appropriate city, town, or district funds to the county current expense fund or to the county election reserve fund if such a fund is established. Each city, town, or district must be promptly notified by the county treasurer whenever such transfer has been completed. However, in those districts wherein a treasurer, other than the county treasurer, has been appointed such transfer procedure does not apply, but the district shall promptly issue its warrant for payment of election costs.


[2003 c 111 146; 1965 c 123 5; 1965 c 9 29.13.045. Prior: 1963 c 200 7; 1951 c 257 5. Formerly RCW 29.13.045.]

Notes: *Reviser's note: RCW 29A.04.320 was repealed by 2004 c 271 193. Later enactment, see RCW 29A.04.321.

County, municipality, or special district facilities as polling places, payment for: RCW 29A.16.120.

Diking districts, election to authorize, costs: RCW 85.38.060.

Diking or drainage district, reorganization into improvement district
1917 act, election to authorize: RCW 85.38.060.
1933 act, election to authorize: RCW 85.38.060.

Expense of printing and distributing ballot materials: RCW 29A.36.220.

Port districts, formation of, election on, expense of: RCW 53.04.070.

Public utility district elections, expense of: RCW 54.08.041.

Reclamation districts of one million acres, election to form, expense: RCW 89.30.115.

Soil and water conservation district, election to form, expense: RCW 89.08.140.

Water-sewer districts
annexation of territory by, election on, expense: RCW 57.24.050.
formation of, expense: RCW 57.04.055.






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29A.04.420
State share.
(1) Whenever state officers or measures are voted upon at a state primary or general election held in an odd-numbered year under *RCW 29A.04.320, the state of Washington shall assume a prorated share of the costs of that state primary or general election.

(2) Whenever a primary or vacancy election is held to fill a vacancy in the position of United States senator or United States representative under chapter 29A.28 RCW, the state of Washington shall assume a prorated share of the costs of that primary or vacancy election.

(3) The county auditor shall apportion the state's share of these expenses when prorating election costs under RCW 29A.04.410 and shall file such expense claims with the secretary of state.

(4) The secretary of state shall include in his or her biennial budget requests sufficient funds to carry out this section. Reimbursements for election costs shall be from appropriations specifically provided by law for that purpose.


[2003 c 111 147. Prior: 1985 c 45 2; 1977 ex.s. c 144 4; 1975-'76 2nd ex.s. c 4 1; 1973 c 4 2. Formerly RCW 29.13.047.]

Notes: *Reviser's note: RCW 29A.04.320 was repealed by 2004 c 271 193. Later enactment, see RCW 29A.04.321.

Legislativeintent -- 1985 c 45: "It is the intention of the legislature that sections 2 through 7 of this act shall provide an orderly and predictable election procedure for filling vacancies in the offices of United States representative and United States senator." [1985 c 45 1.] (continued)