Current through Register Vol. 24-06, March 15, 2024
(1) Pursuant to
42
U.S.C. §
15481(a)(6)
and Bush v. Gore, 531 U.S. 98 (2000), the following standards
determine whether irregular marks on a ballot constitute a valid vote that may
be counted.
(a) Target area. Any marks made
in the target area shall be counted as valid votes, with the exceptions below.
Any marks made outside of the target area shall be valid only if they form a
pattern of similar marks as outlined in (b) of this subsection, or qualify as
written instructions in (e) of this subsection. Marks that trace or outline the
target area are not valid votes unless they form a pattern of similar marks as
outlined in (b) of this subsection. The following marks in the target area are
exceptions that are not valid votes:
(i)
Obvious stray marks;
(ii)
Hesitation marks;
(iii) Parts of
written notes; and
(iv) Corrected
votes, as described in (c) and (e) of this subsection.
(b) Pattern of similar marks. Marks made
outside of the target area shall be counted as valid votes as long as those
marks form a pattern of similar marks. All races and issues for which the voter
has indicated a choice outside the target area must have a similar mark.
(i) Marks made outside of the target area may
be counted as valid votes even if one pattern of similar marks is used on one
page of the ballot and another pattern of similar marks is used on another page
of the ballot.
(ii) Marks made
outside of the target area shall be counted as valid votes if one pattern of
similar marks is used for measures and another pattern of similar marks is used
for candidate races.
(iii) If some
marks are in the target area and some are not, but the same
type of mark is used, all such marks shall be counted as valid
votes.
(iv) If the marks strike
through candidate names or ballot measure responses in a pattern of similar
marks throughout the ballot, all such marks shall be counted as valid
votes.
(v) A mark outside the
target area on a ballot that contains only one race or measure is not required
to form a pattern.
(c)
Corrected votes.
(i) If the voter has
followed the instructions for correcting a vote, the stricken vote shall not be
counted.
(ii) If a second choice is
marked, it shall be counted as a valid vote. If a second choice is not marked,
the race shall be considered undervoted.
(iii) If the voter has marked two target
areas and placed an 'X' or slash over one of the marked areas, the choice
without the 'X' or slash shall be counted as a valid vote.
(d) Not a correction. If the voter has both
marked a choice correctly and placed an 'X' in the same target area, but has
not marked a second target, it shall be counted as a valid vote. Changes made
by the voter to wording printed on the ballot will not invalidate votes cast
for that race or measure.
(e)
Written instructions. If the voter has attempted to vote or correct a vote by
providing written instruction regarding his or her intent, it shall be counted
as the voter instructed. Written instructions can include words, circles,
lines, or arrows.
(f) Identifying
marks. Marks identifying the voter, such as initials, signatures, or addresses
do not disqualify a ballot.
(g)
Overvotes. Races or issues that have more target areas marked than are allowed
are overvotes. No votes for that race or issue shall be counted. An exception
is write-in votes for a candidate already printed on the ballot, as provided in
(i) of this subsection.
(h)
Write-in: Blank target area. If a name is written on a write-in line, it shall
be counted as a valid write-in vote regardless of whether the corresponding
target area is marked.
(i)
Write-in: Already on the ballot. If the name of a candidate who is already
printed on the ballot is written in, that vote shall not be tallied as an
overvote, but shall be counted as a valid vote for the printed candidate. This
applies even if both target areas are marked or no target areas are
marked.
(j) Write-in: Name
variations. If a write-in vote is cast for a declared write-in
candidate using a commonly recognizable nickname or spelling variation, it
shall be counted as a valid vote for that candidate.
(k) Write-in: Blank line. If the write-in
target area is marked, but no name is written on the line, it shall not be
counted as a valid vote, even though it may be tallied as a write-in vote by
the tabulation system.
(l)
Write-in: Blank line and candidate. If a candidate's target area is marked,
and the write-in target area is marked but no name is written
on the line, it shall not be tallied as an overvote, but shall be counted as a
valid vote for the printed candidate.
(m) Write-in: Name combinations. If a
write-in vote is cast for a candidate with a combination of names already on
the ballot, it shall NOT be counted as a vote for either printed candidate, but
rather shall be counted as a valid vote for the name as written.
(n) Write-in: Candidate and write-in response
area. If a candidate's target area is marked, the write-in target area is also
marked, and something other than that candidate's name is written in the
write-in response area, it shall be counted as an overvote and not a valid vote
for any candidate. If a candidate's target area is marked and the write-in
target area is not marked, it shall be counted as a valid vote for the marked
candidate. If the voter's intent cannot be ascertained, the ballot shall be
referred to the canvassing board.
(o) Write-in: Not eligible. A write-in vote
for a race not appearing on the voter's ballot shall not be counted.
Exception: If a provisional ballot has been cast and the voter
has written in an office or measure that is not on the ballot, that vote shall
be counted if it is determined, based on the voter's registration, that he or
she is eligible to vote for that office or measure.
(p) Write-in: Vote in the wrong place. A
write-in vote for a race appearing elsewhere on the ballot shall be counted as
a valid vote, as long as all other requirements are fulfilled and the office,
position number and political party, if applicable, are clearly
indicated.
(q) Messy marks. When
otherwise valid votes marked in a target area partially extend into the
response area, it shall be counted as a vote if most of the mark is in the
target area and intent can easily be discerned.
(r) Pattern of partisan voting. Voter intent
in any single contest shall not be determined based on a pattern of partisan
voting on the ballot.
Exception: On a federal write-in absentee ballot (FWAB) in
which the voter has not written in a candidate's name but has written in the
name of a political party, the written instructions may be counted as a vote if
the canvassing board can discern that a candidate's party preference is
consistent with the voter's instructions. The canvassing board shall not count
the instructions as a vote if no candidate's party preference is consistent
with the voter's instructions, or if multiple candidates' party preferences are
consistent with the voters' instructions.
(s) Anything else. Voter intent on
questionable marks not covered by the rules in this manual must be determined
by county canvassing boards according to all applicable laws of the state of
Washington and the canvassing board manual. Where more than one rule may apply,
the county canvassing board has authority to determine which rule is most
appropriate.
(2) The
secretary of state shall publish an illustrated version of these standards in
each optical scan and digital scan voting system used in the state. The
secretary of state shall distribute the illustrated version to each county
canvassing board and post it on the web site.
(3) The secretary of state shall periodically
review and update the manual as necessary, and seek input from county
canvassing boards and other interested parties to ensure that the standards
remain current and comprehensive.
Statutory Authority:
RCW
29A.04.611. 09-18-098, § 434-261-086,
filed 9/1/09, effective 10/2/09; 08-15-052, § 434-261-086, filed 7/11/08,
effective 8/11/08; 07-12-032, § 434-261-086, filed 5/30/07, effective
6/30/07.