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County Canvassing Board Training 2012 Certification and Training Program Elections Division Office of the Secretary of State (360) 902-4180
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The Canvassing Board The County Auditor conducts elections The Board canvasses the returns RCW 29A.60 WAC 434-262-010
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Canvassing Board Membership Chair of County Legislative Authority –Board of County Commissioners –County Council Prosecuting Attorney County Auditor RCW 29A.60.140
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Designate an alternateDesignate an alternate –In writing –At least one day prior to assuming any duties –Permanently, or for a single election File designation with the County AuditorFile designation with the County Auditor RCW 29A.60.140 If a Member Cannot Serve
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Board Alternates RCW 29A.60.140 Auditor Deputy Auditor Prosecuting Attorney Deputy Prosecuting Attorney Chair of County Leg. Other member of County Legislative Authority
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When Member is a Candidate The member designates an alternate. If unable to designate, the member determine the validity of an entire ballotMay determine the validity of an entire ballot May not determine validity for his/her raceMay not determine validity for his/her race RCW 29A.60.150
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When Member is a Candidate If remaining members can’t agree, and and the vote affects the outcome of the race, then The Secretary of State may break the tie. RCW 29A.60.150
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Board Procedures Officially adopt written procedures Comply with Open Public Meetings Act RCW 29A.60.150 & 42.30.080
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Rules and Written Procedures Canvassing Board written procedures should include: Board policies and delegation Compliance with state laws and rules Consistency between elections Include examples of Board decisions
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Open Public Meetings Notify media Publish public meeting notices –In the Notice of Election –On the county website Make available for public disclosure –All Board meeting records –All Board actions or adopted rules WAC 434-262-025 RCW 29A.60.140 RCW 42.30
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Exclusive Duties of the Board Rejecting ballots Canvassing and Certify elections Hearing voter registration challenges RCW 29A.60, 29A.08.820 WAC 434-262-010
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Delegating Duties Any duty not exclusive to the Board Processing ballots Processing ballots Researching provisional ballots Researching provisional ballots Conducting logic & accuracy tests Conducting logic & accuracy tests Determining voter intent Determining voter intent RCW 29A.60.140 WAC 434-262-015
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Ballot Processing Schedule Notice of Election published 44-34 Days Military & overseas ballots sent 30 or 45 Days prior to Election Day Accessible voting available 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
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Voter Intent Determination of voter intent is often delegated, subject to the Statewide Standards of What is a Vote. Only the Board may reject a ballot. WAC 434-261-120
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2009 Version
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Voter Intent Committee Secretary of State’s Office County Auditors Attorney General’s Office
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“Target Area” The area on the ballot read by the tabulator.
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Rejection of Ballots The Board may review ballots IndividuallyIndividually In batchesIn batches The Board shall review voter intent marks not addressed in the Statewide Standards on What is a Vote. RCW 29A.60.140 WAC 434-261-086 WAC 434-262-015
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Rejection of Ballots or Parts of Ballots RCW 29A.60.140 WAC 434-261-086 WAC 434-262-015 Reject Invalid postmark Unsigned or invalid declaration signature Reject Voter never provided sufficient ID Subsequent ballots returned Reject Over-voted races Indeterminate marks
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Canvassing Board Must Certify Results Certification of Primary or Special Election 14 th Day After Primary / Special Certification of General Election 21 st Day After General Election
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When Certifying the Election Canvassing Board should verify: Reconciliation reportReconciliation report Auditor’s Abstract of VotesAuditor’s Abstract of Votes Any reports explaining errors & discrepanciesAny reports explaining errors & discrepancies Amended abstractsAmended abstracts Certificate of electionCertificate of election RCW 29A.60.230 RCW 29A.60.235
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Verify the Auditor’s Abstract of Votes Number of registered votersNumber of registered voters Votes cast in each raceVotes cast in each race Precinct vote totalsPrecinct vote totals Ballot vote totalsBallot vote totals Legislative district vote totalsLegislative district vote totals Congressional district vote totalsCongressional district vote totals Countywide vote totalsCountywide vote totals RCW 29A.60.200 WAC 434-262-040
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Administering Election Recounts The Board shall: Determine time and placeDetermine time and place Establish guidelines for public observationEstablish guidelines for public observation Open sealed ballot containersOpen sealed ballot containers Direct ballot countingDirect ballot counting RCW 29A.64.030 RCW 29A.64.041 RCW 29A.60.110
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Voter Registration Challenges RCW 29A.08.810-850 Duties: Voter Challenges Challenged by: A registered voterA registered voter The County Prosecuting AttorneyThe County Prosecuting Attorney Voted ballot is held if challenge is filed before the voted ballot is returned
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Basis for Challenge Challenger must allege voter is: 1.Not 18 2.Not a U.S. citizen 3.Not a resident 4.Not eligible due to mental incompetence 5.Not eligible due to a felony conviction RCW 29A.08.810-850 Duties: Voter Challenges
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Felony Convictions 2009 Legislation states that voting rights are restored when the person is no longer under DOC custody. There is not requirement for a document restoring voting rights. Duties: Voter Challenges
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Burden of proof is on challengerBurden of proof is on challenger If challenge is based on residency, the voter is allowed to correct the addressIf 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 affidavitChallenger and voter may appear at hearing either in person or by affidavit RCW 29A.08.810 -.850 Hearing Registration Challenges Duties: Voter Challenges
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Board’s Decision Challenge must be resolved before certification of the electionChallenge must be resolved before certification of the election Superior Court may review Canvassing Board’s decisionSuperior Court may review Canvassing Board’s decision RCW 29A.08.810-850 Duties: Voter Challenges
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Military & Overseas Voter Voter without WA address votes only on county-wide races & issuesVoter without WA address votes only on county-wide races & issues Electronic access to ballotsElectronic access to ballots Date of signature is the valid receipt dateDate of signature is the valid receipt date If the voter only casts a Federal Write-in Ballot, it is validIf the voter only casts a Federal Write-in Ballot, it is valid
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Elections Litigation Top Two Primary Petitions as Public Records Felons Bar Codes on Ballots
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Board Members’ Role As judge and jury, you are the guardian of voters’ rights, election integrity, and the legal process.
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County Canvassing Board Training 2012 Questions regarding this training may be addressed to: Certifying and Training Program Office of the Secretary of State elections@sos.wa.gov (360) 902-4180
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