County Canvassing Board Training 2010 Sheryl Moss Certification and Training Manager Office of the Secretary of State (360)

Canvassing Board Membership Chair of County Legislative Authority –Board of County Commissioners –County Council Prosecuting Attorney County Auditor RCW 29A

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.60 WAC

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 When a Member Cannot Serve

Board Alternates RCW 29A Auditor Deputy Auditor Prosecuting Attorney Deputy Prosecuting Attorney Chair of County Leg. Other member of County Legislative Authority

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

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

Delegating Duties Board may delegate any duties not exclusive to the Board: Processing ballots Researching provisional ballots Conducting logic & accuracy tests Determining voter intent RCW 29A WAC

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 WAC

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 RCW 29A RCW 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 Military & Overseas ballots mailed 30 Days prior to Election Day Accessible Voting available 20 Days prior to Election Day Ballots mailed Initial processing begins 18 Days prior to Election Day Final processing may begin Election Day 7:00 AM Tabulation and results reporting begins Election Day 8:00 PM

Voter Intent Determining voter intent is often delegated, subject to the statewide standards Only the Board may reject a ballot WAC

2009 Version

Voter Intent Committee Secretary of State’s Office County Auditors Attorney General’s Office

“Target Area” The area on the ballot read by the tabulator.

Revision #1 Tracing the Target Area

Revision #1 Tracing the Target Area

Revision #2 Striking through in a Consistent Pattern

Revision #3 Changes to Wording

Revision #3 Changes to Wording

Revision #4 Identifying Marks

Anything Else

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 WAC WAC

Rejection of Ballots or Parts of Ballots RCW 29A WAC WAC Reject Invalid postmark Unsigned oath or invalid signature Reject Voter never provided sufficient ID Subsequent ballots returned Reject Over-voted races Indeterminate marks

Canvassing Board Must Certify Results Certification of Primary or Special Election 15 th Day After Primary / Special Certification of General Election 21 st Day After General Election

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 election RCW 29A RCW 29A

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 WAC

Administering Election Recounts The Board shall: Determine time and place Establish guidelines for public observation Open sealed ballot containers Direct ballot counting RCW 29A RCW 29A RCW 29A

Voter Registration Challenges Eligibility of a voter may be challenged by: A registered voter The County Prosecuting Attorney RCW 29A

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 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 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 Hearing Challenges

Board’s Decision Challenge must be resolved before certification of the election Superior Court may review Canvassing Board’s decision RCW 29A Duties: Voter Challenges

Latest Developments in Elections WEI – 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:  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 –Congressional Districts (10 th 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 Moss Certifying and Training Manager Office of the Secretary of State (360)