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County Canvassing Board Training

County Canvassing Board Training. 2010. Sheryl Moss Certification and Training Manager Office of the Secretary of State Sheryl.moss@sos.wa.gov (360) 902-4146. Canvassing Board Membership. Chair of County Legislative Authority Board of County Commissioners County Council

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County Canvassing Board Training

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  1. County CanvassingBoard Training 2010 Sheryl Moss Certification and Training Manager Office of the Secretary of State Sheryl.moss@sos.wa.gov (360) 902-4146

  2. Canvassing Board Membership • Chair of County Legislative Authority • Board of County Commissioners • County Council • Prosecuting Attorney • County Auditor RCW 29A.60.140

  3. Duties of the Board RCW 29A.60 WAC 434-262-010 • 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

  4. When a Member Cannot Serve • 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

  5. Board Alternates RCW 29A.60.140

  6. 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

  7. 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

  8. Delegating Duties RCW 29A.60.140 WAC 434-262-015 Board may delegate any duties not exclusive to the Board: • Processing ballots • Researching provisional ballots • Conducting logic & accuracy tests • Determining voter intent

  9. Exclusive to the Board RCW 29A.60.140 WAC 434-262-015 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

  10. 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 434-262-025 RCW 29A.60.140 RCW 42.30

  11. 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

  12. Ballot Processing Schedule

  13. Voter Intent Determining voter intent is often delegated, subject to the statewide standards Only the Board may reject a ballot WAC 434-261-120

  14. 2009 Version

  15. Voter Intent Committee Secretary of State’s Office County Auditors Attorney General’s Office

  16. “Target Area” The area on the ballot read by the tabulator.

  17. Revision #1 Tracing the Target Area

  18. Revision #1 Tracing the Target Area

  19. Revision #2 Striking through in a Consistent Pattern

  20. Revision #3 Changes to Wording

  21. Revision #3 Changes to Wording

  22. Revision #4 Identifying Marks

  23. Anything Else

  24. 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.60.140 WAC 434-261-086 WAC 434-262-015

  25. Rejection of Ballots or Parts of Ballots RCW 29A.60.140 WAC 434-261-086 WAC 434-262-015

  26. Canvassing Board Must Certify Results

  27. 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 election RCW 29A.60.230 RCW 29A.60.235

  28. 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.60.200 WAC 434-262-040

  29. Administering Election Recounts The Board shall: • Determine time and place • Establish guidelines for public observation • Open sealed ballot containers • Direct ballot counting RCW 29A.64.030RCW 29A.64.041 RCW 29A.60.110

  30. Voter Registration Challenges Eligibility of a voter may be challenged by: • A registered voter • The County Prosecuting Attorney RCW 29A.08.810-850

  31. Duties: Voter Challenges 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

  32. Duties: Voter Challenges Basis for Challenge Challenger must allege voter is: • Not 18 • Not a U.S. citizen • Not eligible due to a felony conviction • Not eligible due to mental incompetence • Not a resident RCW 29A.08.810-850

  33. 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

  34. Hearing Challenges • 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

  35. Duties: Voter 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

  36. Latest Developments in Elections WEI – 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

  37. 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

  38. 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

  39. Elections Litigation • Top Two Primary • Petitions as Public Records • Felons • Bar Codes on Ballots

  40. Your Role You must remain impartial when administering an election.

  41. County CanvassingBoard Training 2010 Questions? Sheryl Moss Certifying and Training Manager Office of the Secretary of State Sheryl.moss@sos.wa.gov (360) 902-4146

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