Nullifying the election, Bridges said, would be the ultimate act of judicial egotism and judicial activism. - wikipedia Washington_gubernatorial_election,_2004 The antithesis is – allowing fraud to swing an election would be the ultimate act of judicial egotism and judicial activism. Elections are the conduits of our freedom. Elections are foundational to our democracy. Neither our constitutions, statutes, charters, institutions, nor the courts, take them lightly. Free and fair elections are not to be toyed with by anyone; leastwise, not by the County Auditor. RCW 29A.84.720 Officers — Violations generally. Every person charged with the performance of any duty under the provisions of any law of this state relating to elections, including primaries, or the provisions of any charter or ordinance of any city or town of this state relating to elections who willfully neglects or refuses to perform such duty, or who, in the performance of such duty, or in his or her official capacity, knowingly or fraudulently violates any of the provisions of law relating to such duty, is guilty of a class C felony punishable under RCW 9A.20.021 and shall forfeit his or her office. I recommend that you pack the room when the County Auditor chairs the Canvassing Board meeting that certifies this election. Meeting Notice The Clark County Canvassing Board will convene at 2:00 p.m. on Thursday, November 20, 2014, to canvass returns of the General and Special Election held November 4, 2014. The board will examine mail ballots, determine the status of provisional and challenged ballots, and perform other canvassing duties. The board will meet to certify election results at 2:00 p.m. on Tuesday, November 25, 2014. Both meetings will be in the Elections Department conference room, 1408 Franklin St., Vancouver. This building is wheelchair-accessible. If you need special assistance to observe the Clark County Canvassing Board, please contact Cathie Garber at (360) 397-2345 or use Speech-to-Speech Relay at (800) 833-6384 at least two working days prior to canvassing day. This notice is given in accordance with RCW 29A.60.140, RCW 29A.60.190, and RCW 42.030.080, Open Meetings Act. RCW 29A.60.010 Conduct of elections — Canvass. “All elections, whether special or general, held under RCW 29A.04.321 and 29A.04.330 must be conducted by the county auditor as ex officio county supervisor of elections and, except as provided in RCW 29A.60.240, the returns canvassed by the county canvassing board.” RCW 29A.04.013 Canvassing. Canvassing means the process of examining ballots or groups of ballots, subtotals, and cumulative totals in order to determine the official returns of a primary, special, or general election and includes the tabulation of any votes that were not previously tabulated. RCW 29A.60.140 Canvassing board — Membership — Authority — Delegation of authority — Rule making. (1) Members of the county canvassing board are the county auditor, who is the chair, the county prosecuting attorney, and the chair of the county legislative body. If a member of the board is not available to carry out the duties of the board, then the auditor may designate a deputy auditor, the prosecutor may designate a deputy prosecuting attorney, and the chair of the county legislative body may designate another member of the county legislative body or, in a county with a population over one million, an employee of the legislative body who reports directly to the chair. An employee of the legislative body means an individual who serves in any of the following positions: Chief of staff; legal counsel; clerk of the council; policy staff director; and any successor positions to these positions should these original positions be changed. Any such designation may be made on an election-by-election basis or may be on a permanent basis until revoked by the designating authority. Any such designation must be in writing, and if for a specific election, must be filed with the county auditor not later than the day before the first day duties are to be undertaken by the canvassing board. If the designation is permanent until revoked by the designating authority, then the designation must be on file in the county auditors office no later than the day before the first day the designee is to undertake the duties of the canvassing board. Members of the county canvassing board designated by the county auditor, county prosecuting attorney, or chair of the county legislative body shall complete training as provided in RCW 29A.04.540 and shall take an oath of office similar to that taken by county auditors and deputy auditors in the performance of their duties. (2) The county canvassing board may adopt rules that delegate in writing to the county auditor or the county auditors staff the performance of any task assigned by law to the canvassing board. (3) The county canvassing board may not delegate the responsibility of certifying the returns of a primary or election, of determining the validity of challenged ballots, or of determining the validity of provisional ballots referred to the board by the county auditor. (4) The county canvassing board shall adopt administrative rules to facilitate and govern the canvassing process in that jurisdiction. (5) Meetings of the county canvassing board are public meetings under chapter 42.30 RCW. All rules adopted by the county canvassing board must be adopted in a public meeting under chapter 42.30 RCW, and once adopted must be available to the public to review and copy under chapter 42.56 RCW. [2008 c 308 § 1; 2005 c 274 § 250; 2003 c 111 § 1514.] RCW 29A.60.190 Certification of election results. Fourteen days after a primary or special election and twenty-one days after a general election, the county canvassing board shall complete the canvass and certify the results. Each ballot that was returned before 8:00 p.m. on the day of the special election, general election, or primary, and each ballot bearing a postmark on or before the date of the special election, general election, or primary and received no later than the day before certification, must be included in the canvass report. WAC 434-262-070 Official county canvass report. (1) Upon completion of the verification of the auditors abstract of votes and the documentation of any corrective action taken, the county canvassing board shall sign a certification that: (a) States that the abstract is a full, true, and correct representation of the votes cast for the issues and offices listed thereon; (b) Provides the total number of registered voters and votes cast in the county; (c) Contains the oath required by RCW 29A.60.200, signed by the county auditor and attested to by the chair or designee who administered the oath; and (d) Shall have a space where the official seal of the county shall be attached. (2) The official county canvass report shall include: (a) The certification; (b) The auditors abstract of votes as described in WAC 434-262-030; (c) The reconciliation report required by RCW 29A.60.235, which must include documentation that the number of ballots counted plus the number of ballots rejected is equal to the number of ballots received, and any additional information necessary to explain variances; and (d) If applicable, a written narrative of errors and discrepancies discovered and corrected. (3) The certification shall be signed by all members of the county canvassing board or their designees. If one member of the canvassing board cannot be present, and a designee for that member is unavailable, the certification shall be signed by a quorum of the board. (4) The official county canvass report is the cumulative report referenced in RCW 29A.60.230. This report may not be subsequently amended or altered, except in the event a recount conducted pursuant to chapter29A.64 RCW, or upon order of the superior court. The vote totals contained therein shall constitute the official returns of that election. [Statutory Authority: RCW 29A.04.611. WSR 14-06-040, § 434-262-070, filed 2/26/14, effective 3/29/14; WSR 12-14-074, § 434-262-070, filed 7/2/12, effective 8/2/12. Statutory Authority: RCW 29A.04.611, 29A.04.620, and 29A.04.630. WSR 11-24-064, § 434-262-070, filed 12/6/11, effective 1/6/12. Statutory Authority: RCW 29A.04.610. WSR 04-15-089, § 434-262-070, filed 7/16/04, effective 8/16/04. Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. WSR 97-21-045, recodified as § 434-262-070, filed 10/13/97, effective 11/13/97. Statutory Authority: RCW 29.04.080. WSR 80-15-008 (Order 80-3), § 434-62-070, filed 10/3/80.] RCW 29A.60.200 Canvassing board — Canvassing procedure — Penalty. Before canvassing the returns of a primary or election, the chair of the county legislative authority or the chairs designee shall administer an oath to the county auditor or the auditors designee attesting to the authenticity of the information presented to the canvassing board. This oath must be signed by the county auditor or designee and filed with the returns of the primary or election. The county canvassing board shall proceed to verify the results from the ballots received. The board shall execute a certificate of the results of the primary or election signed by all members of the board or their designees. Failure to certify the returns, if they can be ascertained with reasonable certainty, is a crime under RCW 29A.84.720. [2011 c 10 § 60; 2003 c 111 § 1520; 1990 c 59 § 63; 1965 c 9 § 29.62.040. Prior: 1957 c 195 § 17; prior: (i) 1919 c 163 § 21, part; Code 1881 § 3095, part; 1868 p 20 § 1, part; 1865 p 39 § 6, part; RRS § 5340, part. (ii) 1893 c 112 § 2; RRS § 5342. (iii) 1903 c 85 § 1, part; Code 1881 § 3094, part; 1865 p 38 § 4, part; RRS § 5339, part. Formerly RCW 29.62.040.] Notes: Notice to registered poll voters -- Elections by mail -- 2011 c 10: See note following RCW 29A.04.008. Intent -- Effective date -- 1990 c 59: See notes following RCW 29A.04.013
Posted on: Tue, 11 Nov 2014 15:14:22 +0000
Trending Topics
Recently Viewed Topics
© 2015