county canvassing board training 2010 sheryl moss certification and training manager office of the...
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County Canvassing Board Training
2010
Sheryl MossCertification and Training ManagerOffice of the Secretary of [email protected](360) 902-4146
Canvassing Board Membership
• Chair of County Legislative Authority– Board of County Commissioners– County Council
• Prosecuting Attorney
• County Auditor
RCW 29A.60.140
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.60WAC 434-262-010
• 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.60.140
When a Member Cannot Serve
Board Alternates
RCW 29A.60.140
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.60.150
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.60.150
Delegating DutiesBoard may delegate any duties not exclusive to the Board:
•Processing ballots•Researching provisional ballots•Conducting logic & accuracy tests•Determining voter intent
RCW 29A.60.140WAC 434-262-015
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.60.140WAC 434-262-015
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 434-262-025RCW 29A.60.140RCW 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
Voter Intent
Determining voter intent is often delegated, subject to the statewide standards
Only the Board may reject a ballot
WAC 434-261-120
2009 Version
Voter Intent Committee
Secretary of State’s OfficeCounty AuditorsAttorney General’s Office
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.60.140WAC 434-261-086WAC 434-262-015
Rejection of Ballots or Parts of Ballots
RCW 29A.60.140WAC 434-261-086WAC 434-262-015
Canvassing Board Must Certify Results
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 electionRCW 29A.60.230RCW 29A.60.235
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.60.200WAC 434-262-040
Administering Election Recounts
The Board shall:
• Determine time and place
• Establish guidelines for public observation
• Open sealed ballot containers
• Direct ballot counting
RCW 29A.64.030 RCW 29A.64.041RCW 29A.60.110
Voter Registration Challenges
Eligibility of a voter may be challenged by:
• A registered voter
• The County Prosecuting Attorney
RCW 29A.08.810-850
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.08.810-850
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.08.810-850
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.08.810 - .850
Hearing Challenges
Board’s Decision
• Challenge must be resolved before certification of the election
• Superior Court may review Canvassing Board’s decision
RCW 29A.08.810-850
Duties: Voter Challenges
Latest Developments in ElectionsWEI – 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: www.vote.wa.gov 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. 2011– Congressional Districts (10th 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 MossCertifying and Training ManagerOffice of the Secretary of [email protected](360) 902-4146