Section 434-262-032 - Provisional ballots-DispositionUpon receipt of the provisional ballot, including provisional ballots from other counties or states, the county auditor must investigate the circumstances surrounding the provisional ballot prior to certification of the primary or election. A voted ballot received from an unregistered voter, other than a service, overseas, or conditionally registered voter, is considered a provisional ballot. A provisional ballot cannot be counted unless the voter's name, signature and the date of birth, if available, matches a voter registration record. Once the provisional ballot has been investigated, disposition of the ballot is as follows:
(1) If the voter was previously registered, their voter registration was later canceled, and the auditor determines that the cancellation was in error, the voter's registration must be immediately restored and the provisional ballot counted.(2) If the voter was previously registered, their voter registration was later canceled, and the auditor determines that the cancellation was not in error, register the voter and count the ballot.(3) If a registered voter has voted a ballot for a previous address, the auditor must ensure that only those votes for the positions and measures for which the voter was eligible to vote are counted.(4) If the voter is registered in another county, the auditor shall immediately forward the ballot to the elections official for the jurisdiction in which the voter is registered. The provisional ballot must be forwarded within seven calendar days after a primary or special election and 14 calendar days after a general election, and as soon as possible if past that date.(5) If the voter voted a regular ballot and a provisional ballot, the provisional ballot is not counted if the regular ballot has already been counted. The regular ballot is not counted if the provisional ballot has already been counted.(6) If the voter voted a provisional ballot because the voter failed to produce identification at a voting center, the ballot is counted if the signature on the envelope matches the signature in the voter registration record, using the standards and processes set forth in WAC 434-261-051 through 434-261-053.(7) If the voter voted a provisional ballot because the voter is provisionally registered and the voter's registration record is still flagged as requiring verification of identity, the provisional ballot is not counted.(8) Provisional ballots voted for reasons not covered by this section or state statute must be determined by the county canvassing board.Wash. Admin. Code § 434-262-032
Amended by WSR 16-13-063, Filed 6/13/2016, effective 7/14/2016Amended by WSR 19-12-115, Filed 6/5/2019, effective 7/6/2019Amended by WSR 24-07-018, Filed 3/8/2024, effective 5/4/2024Statutory Authority: RCW 29A.04.611, 29A.04.620, and 29A.04.630. 11-24-064, § 434-262-032, filed 12/6/11, effective 1/6/12.