USA Washington

USA Statutes : washington
Title : Elections
Chapter : Polling place elections and poll workers
RCW 29A.44.450One set of precinct election officers, exceptions Counting board Receiving board.There shall be but one set of election officers at any one time in each precinct except as provided in this section. In every precinct using paper ballots having two hundred or more registered voters there shall be appointed, and in every precinct having less than two hundred registered voters there may be appointed, at a state primary or state general election, two or more sets of precinct election officers as provided in RCW *29A.04.215 and 29A.44.410. The officer in charge of the election may appoint one or more counting boards at his or her discretion, when he or she decides that because of a long or complicated ballot or because of the number of expected voters, there is need of additional counting board or boards to improve the speed and accuracy of the count. In making such appointments, one or more sets of precinct election officers shall be designated as the counting board or boards, the first of which shall consist of an inspector, two judges, and a clerk and the second set, if activated, shall consist of two judges and two clerks. The duties of the counting board or boards shall be the count of ballots cast and the return of the election records and supplies to the officer having jurisdiction of the election. One set of precinct election officers shall be designated as the receiving board which shall have all other powers and duties imposed by law for such elections. Nothing in this section prevents the county auditor from appointing relief or replacement precinct election officers at any time during election day. Relief or replacement precinct election officers must be of the same political party as the officer they are relieving or replacing.[2003 c 111 1138; 1994 c 223 91; 1973 c 102 2; 1965 ex.s. c 101 4; 1965 c 9 29.45.050. Prior: 1955 c 148 2; prior: (i) 1923 c 53 4, part; 1921 c 61 6, part; RRS 5148, part. (ii) 1921 c 170 4, part; RRS 5153, part. Formerly RCW 29.45.050.]Notes:*Reviser's note: RCW 29A.04.215 was repealed by 2004 c 271 193. Later enactment, see RCW 29A.04.216. RCW 29A.44.460Duties Generally.The inspector and judges of election in each precinct shall conduct the elections therein and receive, deposit, and count the ballots cast thereat and make returns to the proper canvassing board or officer except that when two or more sets of precinct election officers are appointed as provided in RCW 29A.44.450, the ballots shall be counted by the counting board or boards as provided in RCW 29A.44.250, 29A.44.280, and 29A.84.730.[2003 c 111 1139. Prior: 1990 c 59 74; 1973 c 102 3; 1965 ex.s. c 101 5; 1965 c 9 29.45.060 ; prior: 1955 c 148 3; prior: (i) 1923 c 53 4, part; 1921 c 61 6, part; RRS 5148, part. (ii) 1921 c 170 4, part; RRS 5153, part. Formerly RCW 29.45.060.]Notes:Intent -- Effective date -- 1990 c 59: See notes following RCW 29A.04.013. RCW 29A.44.010Interference with voter prohibited.No person may interfere with a voter in any way within the polling place. This does not prevent the voter from receiving assistance in preparing his or her ballot as provided in RCW 29A.44.240.[2003 c 111 1101. Prior: 1990 c 59 39; 1965 c 9 29.51.010 ; prior: 1907 c 130 2, part; 1889 p 408 21, part; RRS 5278, part. Formerly RCW 29.51.010.]Notes:Intent -- Effective date -- 1990 c 59: See notes following RCW 29A.04.013. RCW 29A.44.020List of who has and who has not voted.At any election, general or special, or at any primary, any political party or committee may designate a person other than a precinct election officer, for each polling place to check a list of registered voters of the precinct to determine who has and who has not voted. The lists must be furnished by the party or committee concerned.[2003 c 111 1102; 1977 ex.s. c 361 83; 1965 c 9 29.51.125. Prior: 1963 ex.s. c 24 1. Formerly RCW 29.51.125.]Notes:Effective date -- Severability -- 1977 ex.s. c 361: See notes following RCW 29A.16.040."Major political party" defined: RCW 29A.04.086.Poll books -- As public records -- Copies to representatives of major political parties: RCW 29A.08.720. RCW 29A.44.030Taking papers into voting booth.Any voter may take into the voting booth or voting device any printed or written material to assist in casting his or her vote. The voter shall not use this material to electioneer and shall remove the material when he or she leaves the polls or the disability access voting location.[2004 c 267 317; 2003 c 111 1103. Prior: 1990 c 59 47; 1965 c 9 29.51.180; prior: 1905 c 39 1, part; 1889 p 405 15, part; RRS 5272, part. Formerly RCW 29.51.180.]Notes:Effective dates -- 2004 c 267: See note following RCW 29A.08.651.Intent -- Effective date -- 1990 c 59: See notes following RCW 29A.04.013. RCW 29A.44.040Official ballots Vote only once Incorrectly marked ballots.No ballots may be used in any polling place or disability access voting location other than those prepared by the county auditor. No voter is entitled to vote more than once at a primary or a general or special election, except that if a voter incorrectly marks a ballot, he or she may return it and be issued a new ballot. The precinct election officers shall void the incorrectly marked ballot and return it to the county auditor.[2004 c 267 318; 2003 c 111 1104. Prior: 1990 c 59 48; 1965 c 9 29.51.190; prior: (i) 1889 p 410 25; RRS 5290. (ii) 1935 c 26 3, part; 1921 c 177 1, part; 1919 c 163 15, part; 1917 c 71 2, part; 1909 c 82 4, part; 1907 c 209 12, part; RRS 5189, part. (iii) 1895 c 156 7, part; 1889 p 409 22, part; Code 1881 3079, part; 1865 p 34 4, part; RRS 5279, part. (iv) 1915 c 114 7, part; 1913 c 58 13, part; RRS 5313, part. (v) 1905 c 39 1, part; 1889 p 405 15, part; RRS 5272, part. Formerly RCW 29.51.190.]Notes:Effective dates -- 2004 c 267: See note following RCW 29A.08.651.Intent -- Effective date -- 1990 c 59: See notes following RCW 29A.04.013. RCW 29A.44.050Ballot pick up, delivery, and transportation.(1) At the direction of the county auditor, a team or teams composed of a representative of at least two major political parties shall stop at designated polling places and pick up the sealed containers of voted, untallied ballots for delivery to the counting center. There may be more than one delivery from each polling place. Two precinct election officials, representing two major political parties, shall seal the voted ballots in containers furnished by the county auditor and properly identified with his or her address with uniquely prenumbered seals. (2) At the counting center or the collection stations where the sealed ballot containers are delivered by the designated representatives of the major political parties, the county auditor or a designated representative of the county auditor shall receive the sealed ballot containers, record the time, date, precinct name or number, and seal number of each ballot container.[2003 c 111 1105. Prior: 1999 c 158 10; 1990 c 59 31; 1977 ex.s. c 361 72. Formerly RCW 29.54.037, 29.34.157.]Notes:Intent -- Effective date -- 1990 c 59: See notes following RCW 29A.04.013.Effective date -- Severability -- 1977 ex.s. c 361: See notes following RCW 29A.16.040. RCW 29A.44.060Voting booths.The county auditor shall provide in each polling place a sufficient number of voting booths or voting devices along with any supplies necessary to enable the voter to mark or register his or her choices on the ballot and within which the voters may cast their votes in secrecy.[2003 c 111 1106. Prior: 1999 c 158 4; 1994 c 57 51; 1990 c 59 35; 1965 c 9 29.48.010; prior: 1907 c 130 2, part; 1889 p 408 21, part; RRS 5278, part. Formerly RCW 29.48.010.]Notes:Severability -- Effective date -- 1994 c 57: See notes following RCW 10.64.021.Intent -- Effective date -- 1990 c 59: See notes following RCW 29A.04.013. RCW 29A.44.070Opening and closing polls.At all primaries and elections, general or special, in all counties the polls must be kept open from seven o'clock a.m. to eight o'clock p.m. All qualified electors who are at the polling place at eight o'clock p.m., shall be allowed to cast their votes.[2003 c 111 1107. Prior: 1973 c 78 1; 1965 ex.s. c 101 13; 1965 c 9 29.13.080 ; prior: (i) 1921 c 61 7; RRS 5149. (ii) 1921 c 170 5; RRS 5154. (iii) 1921 c 178 7; 1907 c 235 1; 1889 p 413 35; RRS 5319. (iv) 1919 c 163 16, part; 1907 c 209 17, part; RRS 5194, part. Formerly RCW 29.13.080.]Notes:District elections, hours, see particular districts.Employer's duty to provide time to vote: RCW 49.28.120. RCW 29A.44.080Polls open continuously Announcement of closing.The polls for a precinct shall remain open continuously until the time specified under RCW 29A.44.070. At that time, the precinct election officers shall announce that the polls for that precinct are closed.[2003 c 111 1108. Prior: 1990 c 59 50; 1965 c 9 29.51.240; prior: 1919 c 163 16, part; 1907 c 209 17, part; RRS 5194, part. Formerly RCW 29.51.240.]Notes:Intent -- Effective date -- 1990 c 59: See notes following RCW 29A.04.013. RCW 29A.44.090Double voting prohibited.A registered voter shall not be allowed to vote in the precinct in which he or she is registered at any election or primary for which that voter has cast an absentee ballot. A registered voter who has requested an absentee ballot for a primary or special or general election but chooses to vote at the voter's precinct polling place in that primary or election shall cast a provisional ballot. The canvassing board shall not count the ballot if it finds that the voter has also voted by absentee ballot in that primary or election.[2003 c 111 1109; 1987 c 346 13; 1965 c 9 29.36.050. Prior: 1955 c 167 6; prior: 1933 ex.s. c 41 4; 1921 c 143 5; RRS 5284. Formerly RCW 29.51.185, 29.36.050.]Notes:Legislative intent -- Effective date -- 1987 c 346: See notes following RCW 29A.40.010. RCW 29A.44.110Delivery of supplies.No later than the day before a primary or election, the county auditor shall provide to the inspector or one of the judges of each precinct or to one of the inspectors of a polling place where more than one precinct will be voting, all of the ballots, precinct lists of registered voters, and other supplies necessary for conducting the election or primary.[2003 c 111 1110. Prior: 1990 c 59 36; 1977 ex.s. c 361 81; 1971 ex.s. c 202 40; 1965 c 9 29.48.030; prior: (i) 1921 c 178 8; Code 1881 3078; 1865 p 34 3; RRS 5322. (ii) 1919 c 163 20, part; 1895 c 156 9, part; 1889 p 411 28, part; RRS 5293, part. (iii) 1907 c 209 20; RRS 5196. (iv) 1913 c 138 29, part; RRS 5425, part. (v) 1915 c 124 1; 1895 c 156 5; 1893 c 91 1; 1889 p 407 18; RRS 5275. (vi) 1921 c 68 1, part; RRS 5320, part. (vii) 1895 c 156 6, part; 1889 p 407 20; RRS 5277, part. (viii) 1895 c 156 2, part; Code 1881 3074; 1865 p 32 8; RRS 5164, part. (ix) 1905 c 39 1, part; 1889 p 405 15, part; RRS 5272, part. (x) 1935 c 20 5, part; 1921 c 178 6, part; 1915 c 114 2, part; 1913 c 58 7, part; RRS 5306, part. (xi) 1854 p 67 16; No RRS. (xii) 1854 p 67 17, part; No RRS. (xiii) 1915 c 114 7, part; 1913 c 58 13, part; RRS 5313, part. (xiv) 1915 c 14 6, part; 1913 c 58 11, part; RRS 5311, part. (xv) 1933 c 1 10, part; RRS 5114-10, part. (xvi) Code 1881 3093, part; RRS 5338, part. (xvii) 1903 c 85 1, part; RRS 3339, part. Formerly RCW 29.48.030.]Notes:Intent -- Effective date -- 1990 c 59: See notes following RCW 29A.04.013.Effective date -- Severability -- 1977 ex.s. c 361: See notes following RCW 29A.16.040. RCW 29A.44.120Delivery of precinct lists to polls.Upon closing of the registration files preceding an election, the county auditor shall deliver the precinct lists of registered voters to the inspector or one of the judges of each precinct or group of precincts located at the polling place before the polls open.[2003 c 111 1111. Prior: 1994 c 57 19; 1971 ex.s. c 202 21; 1965 c 9 29.07.170; prior: 1957 c 251 8; prior: 1933 c 1 10, part; RRS 5114-10, part; prior: 1919 c 163 11, part; 1915 c 16 13, part; 1905 c 171 4, part; 1889 p 417 13, part; RRS 5131, part. Formerly RCW 29.07.170.]Notes:Severability -- 1994 c 57: See note following RCW 10.64.021. RCW 29A.44.130Additional supplies for paper ballots.In precincts where votes are cast on paper ballots, the following supplies, in addition to those specified in RCW 29A.44.110, must be provided: (1) Two tally books in which the names of the candidates will be listed in the order in which they appear on the sample ballots and in each case have the proper party designation at the head thereof; (2) Two certificates or two sample ballots prepared as blanks, for recording of the unofficial results by the precinct election officers.[2003 c 111 1112; 1977 ex.s. c 361 82. Formerly RCW 29.48.035.]Notes:Effective date -- Severability -- 1977 ex.s. c 361: See notes following RCW 29A.16.040. RCW 29A.44.140Voting and registration instructions and information.(1) Each county auditor shall provide voting and registration instructions, printed in large type, to be conspicuously displayed at each polling place and permanent registration facility. (2) The county auditor shall make information available for deaf persons throughout the state by telecommunications.[2003 c 111 1113. Prior: 1999 c 298 17; 1985 c 205 9. Formerly RCW 29.57.130.]Notes:Effective dates -- 1985 c 205: See note following RCW 29A.16.140. RCW 29A.44.150Time for arrival of officers.The precinct election officers for each precinct shall meet at the designated polling place at the time set by the county auditor.[2003 c 111 1114. Prior: 1977 ex.s. c 361 80; 1965 c 9 29.48.020; prior: 1957 c 195 6; prior: 1913 c 58 12, part; RRS 5312, part. Formerly RCW 29.48.020.]Notes:Effective date -- Severability -- 1977 ex.s. c 361: See notes following RCW 29A.16.040. RCW 29A.44.160Inspection of voting equipment.Before opening the polls for a precinct, the voting equipment shall be inspected to determine if it has been properly prepared for voting. If the voting equipment is capable of direct tabulation of each voter's choices, the precinct election officers shall verify that no votes have been registered for any issue or office to be voted on at that primary or election. Any ballot box shall be carefully examined by the judges of election to determine that it is empty. The ballot box shall then be sealed or locked. The ballot box shall not be opened before the certification of the primary or election except in the manner and for the purposes provided under this title.[2003 c 111 1115. Prior: 1990 c 59 37; 1965 c 9 29.48.070; prior: 1854 p 67 17, part; No RRS. Formerly RCW 29.48.070.]Notes:Intent -- Effective date -- 1990 c 59: See notes following RCW 29A.04.013. RCW 29A.44.170Flag.At all primaries and elections the flag of the United States shall be conspicuously displayed in front of each polling place.[2003 c 111 1116. Prior: 1965 c 9 29.48.090; prior: 1921 c 68 1, part; RRS 5320, part. Formerly RCW 29.48.090.] RCW 29A.44.180Opening the polls.The precinct election officers, immediately before they start to issue ballots or permit a voter to vote, shall announce at the place of voting that the polls for that precinct are open.[2003 c 111 1117. Prior: 1990 c 59 38; 1965 c 9 29.48.100; prior: Code 1881 3077; 1865 p 34 2; RRS 5321. Formerly RCW 29.48.100.]Notes:Intent -- Effective date -- 1990 c 59: See notes following RCW 29A.04.013. RCW 29A.44.190Voting devices Periodic examination.The precinct election officers shall periodically examine the voting devices to determine if they have been tampered with.[2003 c 111 1118. Prior: 1990 c 59 45; 1965 c 9 29.51.150; prior: 1915 c 114 7, part; 1913 c 58 13, part; RRS 5313, part. Formerly RCW 29.51.150.]Notes:Intent -- Effective date -- 1990 c 59: See notes following RCW 29A.04.013. RCW 29A.44.210Signature required Procedure if voter unable to sign name.Any person desiring to vote at any primary or election is required to sign his or her name on the appropriate precinct list of registered voters. If the voter registered using a mark, or can no longer sign his or her name, the election officers shall require the voter to be identified by another registered voter. The precinct election officers shall then record the voter's name.[2003 c 111 1120; 1990 c 59 41; 1971 ex.s. c 202 41; 1967 ex.s. c 109 9; 1965 ex.s. c 156 5; 1965 c 9 29.51.060. Prior: 1933 c 1 24; RRS 5114-24. Formerly RCW 29.51.060.]Notes:Intent -- Effective date -- 1990 c 59: See notes following RCW 29A.04.013.Forms, secretary of state to design -- Availability to public: RCW 29A.08.850.Poll books -- As public records -- Copies furnished, uses restricted: RCW 29A.08.720. RCW 29A.44.240Disabled voters.(1) Voting shall be secret except to the extent necessary to assist sensory or physically disabled voters. (2) If any voter declares in the presence of the election officers that because of sensory or physical disability he or she is unable to register or record his or her vote, he or she may designate a person of his or her choice or two election officers from opposite political parties to enter the voting machine booth with him or her and record his or her vote as he or she directs. (3) A person violating this section is guilty of a misdemeanor.[2003 c 111 1123; 2003 c 53 180; 1981 c 34 1; 1965 ex.s. c 101 17; 1965 c 9 29.51.200. Prior: (i) 1915 c 114 7, part; 1913 c 58 13, part; RRS 5313, part. (ii) 1947 c 35 1, part; 1889 p 412 33, part; Rem. Supp. 1947 5298, part. Former law: 1901 c 135 6; 1889 p 410 26. Formerly RCW 29.51.200.]Notes:Reviser's note: This section was amended by 2003 c 53 180 and by 2003 c 111 1123, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).Intent -- Effective date -- 2003 c 53: See notes following RCW 2.48.180.Disabled voters, accessibility of polling places: Chapter 29A.16 RCW. RCW 29A.44.250Tabulation of paper ballots before close of polls.(1) Paper ballots may be tabulated at the precinct polling place before the closing of the polls. The tabulation of ballots, paper or otherwise, shall be open to the public, but no persons except those employed and authorized by the county auditor may touch a ballot card or ballot container or operate vote tallying equipment. (2) The results of the tabulation of paper ballots at the polls shall be delivered to the county auditor as soon as the tabulation is complete.[2003 c 111 1124; 1990 c 59 54. Formerly RCW 29.54.018.]Notes:Intent -- Effective date -- 1990 c 59: See notes following RCW 29A.04.013.Divulging ballot count: RCW 29A.84.730. RCW 29A.44.260Voters in polling place at closing time.If at the time of closing the polls, there are any voters in the polling place who have not voted, they shall be allowed to vote after the polls have been closed.[2003 c 111 1125. Prior: 1990 c 59 51; 1965 c 9 29.51.250; prior: 1919 c 163 16, part; 1907 c 209 17, part; RRS 5194, part. Formerly RCW 29.51.250.]Notes:Intent -- Effective date -- 1990 c 59: See notes following RCW 29A.04.013. RCW 29A.44.270Unused ballots.At each precinct immediately after the last qualified voter has cast his or her vote, the precinct election officers shall render unusable and secure in a container all unused ballots for that precinct and return them to the county auditor.[2003 c 111 1126; 1990 c 59 52; 1977 ex.s. c 361 84; 1965 ex.s. c 101 6; 1965 c 9 29.54.010 . Prior: 1893 c 91 2; RRS 5332. Formerly RCW 29.54.010.]Notes:Intent -- Effective date -- 1990 c 59: See notes following RCW 29A.04.013.Effective date -- Severability -- 1977 ex.s. c 361: See notes following RCW 29A.16.040. RCW 29A.44.280Duties of election officers after unused ballots secure.Immediately after the unused ballots are secure, the precinct election officers shall count the number of voted ballots and make a record of any discrepancy between this number and the number of voters who signed the poll book for that precinct or polling place, complete the certifications in the poll book, prepare the ballots for transfer to the counting center if necessary, and seal the voting devices.[2003 c 111 1127; 1990 c 59 53. Formerly RCW 29.54.015.]Notes:Intent -- Effective date -- 1990 c 59: See notes following RCW 29A.04.013. RCW 29A.44.290Return of precinct lists after election Public records.The precinct list of registered voters for each precinct or group of precincts delivered to the precinct election officers for use on the day of an election held in that precinct shall be returned by them to the county auditor upon the completion of the count of the votes cast in the precinct at that election. While in possession of the county auditor they shall be open to public inspection under such reasonable rules and regulations as may be prescribed therefor.[2003 c 111 1128. Prior: 1994 c 57 20; 1971 ex.s. c 202 22; 1965 c 9 29.07.180 ; prior: 1933 c 1 8, part; RRS 5114-8, part; prior: 1919 c 163 7, part; 1915 c 16 7, part; 1905 c 171 3, part; 1901 c 135 3, part; 1893 c 45 2, part; 1889 p 415 7, part; RRS 5125, part. Formerly RCW 29.07.180.]Notes:Severability -- 1994 c 57: See note following RCW 10.64.021. RCW 29A.44.310Initialization.In precincts where poll-site ballot counting devices are used the election officers, before initializing the device for voting, shall proceed as follows: (1) They shall see that the device is placed where it can be conveniently attended by the election officers and conveniently operated by the voters; (2) They shall see whether the number or other designating mark on the device's seal agrees with the control number provided by the elections department. If they do not agree they shall at once notify the elections department and delay initializing the device. The polls may be opened pending reexamination of the device; (3) If the numbers do agree, they shall proceed to initialize the device and see whether the public counter registers "000." If the counter is found to register a number other than "000," one of the judges shall at once set the counter at "000" and confirm that the ballot box is empty; (4) Before processing any ballots through a poll-site ballot counting device a zero report must be produced. The inspector and at least one of the judges shall carefully verify that zero ballots have been run through the poll-site ballot counting device and that all vote totals for each office are zero. If the totals are not zero, the inspector shall either reset the device to zero or contact the elections department to reset the device and allow voting to continue using the auxiliary or emergency device.[2003 c 111 1129. Prior: 1999 c 158 6; 1965 c 9 29.48.080 ; prior: 1957 c 195 7; prior: 1913 c 58 12, part; RRS 5312, part. Formerly RCW 29.48.080.] RCW 29A.44.320Delivery and sealing.Whenever poll-site ballot counting devices are used, the devices may either be included with the supplies required in RCW 29A.44.110 or they may be delivered to the polling place separately. All poll-site ballot counting devices must be sealed with a unique numbered seal at the time of final preparation and logic and accuracy testing. A log must be made of all seal numbers and device numbers used.[2003 c 111 1130. Prior: 1999 c 158 5. Formerly RCW 29.48.045.] RCW 29A.44.330Memory packs.The programmed memory pack for each poll-site ballot counting device must be sealed into the device during final preparation and logic and accuracy testing. Except in the case of a device breakdown, the memory pack must remain sealed in the device until after the polls have closed and all reports and telephonic or electronic transfer of results are completed. After all reporting is complete the precinct election officers responsible for transferring the sealed voted ballots under RCW 29A.60.110 shall ensure that the memory pack is returned to the elections department. If the entire poll-site ballot counting device is returned, the memory pack must remain sealed in the device. If the poll-site ballot counting device is to remain at the polling place, the precinct election officer shall break the seal on the device and remove the memory pack and seal and return it along with the irregularly voted ballots and special ballots to the elections department on election day.[2003 c 111 1131. Prior: 1999 c 158 11. Formerly RCW 29.54.093.]Notes:Results from poll-site ballot counting devices: RCW 29A.60.060. RCW 29A.44.340Incorrectly marked ballots.Each poll-site ballot counting device must be programmed to return all blank ballots and overvoted ballots to the voter for private reexamination. The election officer shall take whatever steps are necessary to ensure that the secrecy of the ballot is maintained. The precinct election officer shall provide information and instruction on how to properly mark the ballot. The voter may remark the original ballot, may request a new ballot under RCW 29A.44.040, or may choose to complete a special ballot envelope and return the ballot as a special ballot.[2003 c 111 1132. Prior: 1999 c 158 7. Formerly RCW 29.51.115.] RCW 29A.44.350Failure of device.If a poll-site ballot counting device fails to operate at any time during polling hours or disability access voting hours, voting must continue, and the ballots must be deposited for later tabulation in a secure ballot compartment separate from the tabulated ballots.[2004 c 267 320; 2003 c 111 1133. Prior: 1999 c 158 8. Formerly RCW 29.51.155.]Notes:Effective dates -- 2004 c 267: See note following RCW 29A.08.651. RCW 29A.44.410Appointment of judges and inspector.(1) At least ten days prior to any primary or election, general or special, the county auditor shall appoint one inspector and two judges of election for each precinct (or each combination of precincts temporarily consolidated as a single precinct for that primary or election), other than those precincts designated as vote-by-mail precincts pursuant to RCW 29A.48.010. Except as provided in subsection (3) of this section, the persons appointed shall be among those whose names are contained on the lists furnished under RCW 29A.44.430 by the chairpersons of the county central committees of the political parties entitled to representation thereon. Such precinct election officers, whenever possible, should be residents of the precinct in which they serve. (2) The county auditor may delete from the lists of names submitted to the auditor by the chairpersons of the county central committees under RCW 29A.44.430: (a) The names of those persons who indicate to the auditor that they cannot or do not wish to serve as precinct election officers for the primary or election or who otherwise cannot so serve; and (b) the names of those persons who lack the ability to conduct properly the duties of an inspector or judge of election after training in that proper conduct has been made available to them by the auditor. The lists which are submitted to the auditor in a timely manner under RCW 29A.44.430, less the deletions authorized by this subsection, constitute the official nomination lists for inspectors and judges of election. (3) If the number of persons whose names are on the official nomination list for a political party is not sufficient to satisfy the requirements of subsection (4) of this section as it applies to that political party or is otherwise insufficient to provide the number of precinct election officials required from that political party, the auditor shall notify the chair of the party's county central committee regarding the deficiency. The chair may, within five business days of being notified by the auditor, add to the party's nomination list the names of additional persons belonging to that political party who are qualified to serve on the election boards. To the extent that, following this procedure, the number of persons whose names appear on the official nomination lists of the political parties is insufficient to provide the number of election inspectors and judges required for a primary or election, the auditor may appoint a properly trained person whose name does not appear on such a list as an inspector or judge of election for a precinct. (4) The county auditor shall designate the inspector and one judge in each precinct from that political party which polled the highest number of votes in the county for its candidate for president at the last preceding presidential election and one judge from that political party polling the next highest number of votes in the county for its candidate for president at the same election. The provisions of this subsection apply only if the number of names on the official nomination list for inspectors and judges of election for a political party is sufficient to satisfy the requirements imposed by this subsection. (5) Except as provided in RCW 29A.44.440 for the filling of vacancies, this shall be the exclusive method for the appointment of inspectors and judges to serve as precinct election officers at any primary or election, general or special, and shall supersede the provisions of any and all other statutes, whether general or special in nature, having different requirements.[2003 c 111 1134; 1991 c 106 1; 1983 1st ex.s. c 71 7; 1965 ex.s. c 101 1; 1965 c 9 29.45.010. Prior: (i) 1935 c 165 2, part; RRS 5147-1, part. (ii) Code 1881 3068, part; 1865 p 30 2, part; RRS 5158, part. (iii) 1907 c 209 15, part; RRS 5192, part. (iv) 1895 c 156 6, part; 1889 p 407 20, part; RRS 5277, part. (v) 1947 c 182 1, part; Rem. Supp. 1947 5166-10, part; prior: 1945 c 164 3, part; 1941 c 180 1, part; 1935 c 5 1, part; 1933 ex.s. c 29 1, part; prior: 1933 c 79 1, part; 1927 c 279 2, part; 1923 c 53 3, part; 1921 c 61 5, part; Rem. Supp. 1945 5147, part. Formerly RCW 29.45.010.] RCW 29A.44.420Appointment of clerks Party representation Hour to report.At the same time the officer having jurisdiction of the election appoints the inspector and two judges as provided in RCW 29A.44.410, he or she may appoint one or more persons to act as clerks if in his or her judgment such additional persons are necessary, except that in precincts in which voting machines are used, the judges of election shall perform the duties required to be performed by clerks. Each clerk appointed shall represent a major political party. The political party representation of a single set of precinct election officers shall, whenever possible, be equal but, in any event, no single political party shall be represented by more than a majority of one at each polling place. The election officer having jurisdiction of the election may designate at what hour the clerks shall report for duty. The hour may vary among the precincts according to the judgment of the appointing officer.[2003 c 111 1135; 1965 ex.s. c 101 2; 1965 c 9 29.45.020. Prior: 1955 c 168 4; prior: (i) 1915 c 114 4, part; 1913 c 58 9, part; RRS 5308, part. (ii) 1895 c 156 1, part; Code 1881 3069, part; 1865 p 31 3, part; RRS 5159, part. Formerly RCW 29.45.020.] RCW 29A.44.430Nomination.The precinct committee officer of each major political party shall certify to the officer's county chair a list of those persons belonging to the officer's political party qualified to act upon the election board in the officer's precinct. By the first day of June each year, the chair of the county central committee of each major political party shall certify to the officer having jurisdiction of the election a list of those persons belonging to the county chair's political party in each precinct who are qualified to act on the election board therein. The county chair shall compile this list from the names certified by the various precinct committee officers unless no names or not a sufficient number of names have been certified from a precinct, in which event the county chair may include therein the names of qualified members of the county chair's party selected by the county chair. The county chair shall also have the authority to substitute names of persons recommended by the precinct committee officers if in the judgment of the county chair such persons are not qualified to serve as precinct election officers.[2003 c 111 1136; 1991 c 106 2; 1987 c 295 16; 1965 ex.s. c 101 3; 1965 c 9 29.45.030. Prior: (i) 1907 c 209 15, part; RRS 5192, part. (ii) 1935 c 165 2, part; RRS 5147-1, part. Formerly RCW 29.45.030.] RCW 29A.44.440Vacancies How filled Inspector's authority.If no election officers have been appointed for a precinct, or if at the hour for opening the polls none of those appointed is present at the polling place therein, the voters present may appoint the election board for that precinct. One of the judges may perform the duties of clerk of election. The inspector shall have the power to fill any vacancy that may occur in the board of judges, or by absence or refusal to serve of either of the clerks after the polls shall have been opened.[2003 c 111 1137. Prior: 1965 c 9 29.45.040; prior: (i) Code 1881 3075, part; 1865 p 32 9, part; RRS 5165, part. (ii) Code 1881 3068, part; 1865 p 30 2, part; RRS 5158, part. (iii) 1907 c 209 15, part; RRS 5192, part. Formerly RCW 29.45.040.] RCW 29A.44.470Application to other primaries or elections.All of the provisions of RCW 29A.44.450 and 29A.44.460 relating to counting boards may be applied on an optional basis to any other primary or election, regular or special, at the discretion of the officer in charge of the election.[2003 c 111 1140. Prior: 1973 c 102 5. Formerly RCW 29.45.065.] RCW 29A.44.480Inspector as chair Authority.The inspector shall be the chair of the board and after its organization administer all necessary oaths that may be required in the progress of the election.[2003 c 111 1141; 1965 c 9 29.45.070 . Prior: Code 1881 3075, part; 1865 p 32 9, part; RRS 5165, part. Formerly RCW 29.45.070.] RCW 29A.44.490Oaths of officers required.The inspector, judges, and clerks of election, before entering upon the duties of their offices, shall take and subscribe the prescribed oath or affirmation which shall be administered to them by any person authorized to administer oaths and verified under the hand of the person by whom such oath or affirmation is administered. If no such person is present, the inspector shall administer the same to the judges and clerks, and one of the judges shall administer the oath to the inspector. The county auditor shall furnish two copies of the proper form of oath to each precinct election officer, one copy thereof, after execution, to be placed and transmitted with the election returns.[2003 c 111 1142. Prior: 1965 c 9 29.45.080; prior: (i) Code 1881 3070; 1865 p 31 4; RRS 5160. (ii) 1895 c 156 2, part; Code 1881 3074, part; 1865 p 32 8, part; RRS 5164, part. Formerly RCW 29.45.080.] RCW 29A.44.500Oath of inspectors, form.The following shall be the form of the oath or affirmation to be taken by each inspector: "I, A B, do swear (or affirm) that I will duly attend to the ensuing election, during the continuance thereof, as an inspector, and that I will not receive any ballot or vote from any person other than such as I firmly believe to be entitled to vote at such election, without requiring such evidence of the right to vote as is directed by law; nor will I vexatiously delay the vote of, or refuse to receive, a ballot from any person whom I believe to be entitled to vote; but that I will in all things truly, impartially, and faithfully perform my duty therein to the best of my judgment and abilities; and that I am not, directly nor indirectly, interested in any bet or wager on the result of this election."[2003 c 111 1143. Prior: 1965 c 9 29.45.090 ; prior: Code 1881 3071; 1865 p 31 5; RRS 5161. Formerly RCW 29.45.090.] RCW 29A.44.510Oath of judges, form.The following shall be the oath or affirmation of each judge: "We, A B, do swear (or affirm) that we will as judges duly attend the ensuing election, during the continuance thereof, and faithfully assist the inspector in carrying on the same; that we will not give our consent to the receipt of any vote or ballot from any person, other than one whom we firmly believe to be entitled to vote at such election; and that we will make a true and perfect return of the said election and will in all things truly, impartially, and faithfully perform our duty respecting the same to the best of our judgment and abilities; and that we are not directly nor indirectly interested in any bet or wager on the result of this election."[2003 c 111 1144. Prior: 1965 c 9 29.45.100; prior: Code 1881 3072; 1865 p 31 6; RRS 5162. Formerly RCW 29.45.100.] RCW 29A.44.520Oath of clerks, form.The following shall be the form of the oath to be taken by the clerks: "We, and each of us, A B, do swear (or affirm) that we will impartially and truly write down the name of each elector who votes at the ensuing election, and also the name of the county and precinct wherein the elector resides; that we will carefully and truly write down the number of votes given for each candidate at the election as often as his name is read to us by the inspector and in all things truly and faithfully perform our duty respecting the same to the best of our judgment and abilities, and that we are not directly nor indirectly interested in any bet or wager on the result of this election."[2003 c 111 1145. Prior: 1965 c 9 29.45.110; prior: Code 1881 3073; 1865 p 32 7; RRS 5163. Formerly RCW 29.45.110.] RCW 29A.44.530Compensation.The fees of officers of election shall be as follows: To the judges and clerks of an election not less than the minimum hourly wage per hour as provided under RCW 49.46.020, the exact amount to be fixed by the respective boards of county commissioners for each county. To inspectors, the rate paid to judges and clerks plus an additional two hours' compensation. The precinct election officer picking up the election supplies and returning the election returns to the county auditor shall be entitled to additional compensation, the exact amount to be determined by the respective boards of county commissioners for each county.[2003 c 111 1146; 1971 ex.s. c 124 2; 1965 c 9 29.45.120. Prior: 1961 c 43 1; 1951 c 67 1; 1945 c 186 1; 1919 c 163 13; 1895 c 20 1; Code 1881 3151; 1866 p 8 9; 1865 p 52 12; Rem. Supp. 1945 5166. See also 1907 c 209 15; RRS 5192. Formerly RCW 29.45.120.]Notes:Severability -- 1971 ex.s. c 124: "If any provision of this 1971 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." [1971 ex.s. c 124 3.]

USA Statutes : washington