Washington Administrative Code
Title 434 - Secretary of State
Chapter 434-261 - Counting center procedures
Section 434-261-050 - Unsigned ballot declaration or mismatched signatures
Current through Register Vol. 23-24, December 15, 2023
(1) If a voter neglects to sign a ballot declaration, signs with a mark and fails to have two witnesses attest to the signature, or signs but the signature on the ballot declaration does not match the signature on the voter registration record, the county auditor shall notify the voter by first class mail of the correct procedures for curing the signature. If the ballot is received during the last three business days before the final meeting of the canvassing board, or the voter has been notified by first class mail and has not responded by the last three business days before the final meeting of the canvassing board, the county auditor must attempt to notify the voter by telephone using information in the voter registration record.
(2) If the voter neglects to sign, or signs with a mark and fails to have two witnesses attest to the signature, the voter must either:
(3) If the signature on the declaration does not match the signature on the voter registration record, the voter must either:
(4)
(5) If the name on the signature does not match the printed name, and the signature on the ballot declaration does not match the signature on the voter registration record, because the ballot was signed by another registered voter, the ballot may be counted for the registered voter who actually signed the ballot declaration if:
The county auditor may only count the races and measures for which the voter who signed the declaration is eligible to vote.
(6) Disposition of other ballot signature circumstances:
(7) If it is determined that the signature on a ballot declaration does not match the signature on the registration record and, prior to 8:00 p.m. on election day, the registered voter asserts that the signature on the ballot declaration is not his or her signature, the voter may be provided the opportunity to vote a replacement ballot.
(8) A voter may not cure a missing or mismatched signature for purposes of counting the ballot in a recount.
(9) A record must be kept of all ballots with missing and mismatched signatures. The record must contain the date on which the voter was contacted or the notice was mailed, as well as the date on which the voter subsequently submitted a signature to cure the missing or mismatched signature. That record is a public record under chapter 42.56 RCW and may be disclosed to interested parties on written request.
Amended by WSR 19-01-102, Filed 12/18/2018, effective 1/18/2019
Statutory Authority: RCW 29A.04.611. 12-14-074, § 434-261-050, filed 7/2/12, effective 8/2/12. Statutory Authority: RCW 29A.04.611, 29A.04.620, and 29A.04.630. 11-24-064, § 434-261-050, filed 12/6/11, effective 1/6/12. Statutory Authority: RCW 29A.04.611, 29A.08.420, 29A.24.131, 29A.40.110, 29A.46.020, and 29A.80.041. 10-14-091, § 434-261-050, filed 7/6/10, effective 8/6/10. Statutory Authority: RCW 29A.04.611. 06-23-094, § 434-261-050, filed 11/15/06, effective 12/16/06; 06-14-050, § 434-261-050, filed 6/28/06, effective 7/29/06; 05-17-145, § 434-261-050, filed 8/19/05, effective 9/19/05.