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HomeMy WebLinkAbout1983 November 15 1983 Special Point Roberts Park & Recreation District 1Dear Voter Pt: Roberts Precinct: 1. Voting for the Pt. Roberts Park and Recreation Dist. No. 1 Special Election is by mail ballot only. The postage required on the return envelope has been paid by the district. The regular polling place will not be open. 2. A replacement ballot may be obtained from the office of the Whatcom County Auditor, 311 Grand Ave., Bellingham, if your ballot is destroyed, spoiled, or lost. 3. The ballot may be deposited in the office of the Whatcom County Auditor, 311 Grand Ave., Bellingham on election day in the event the ballot is not mailed. 4. Your ballot must be either postmarked not later than the day of the election or deposited at the office of the Whatcom County Auditor, 311 Grand Ave., Bellingham between the hours of 7:00 a. m. and 8:00 p. m. on the day of the election in order to be counted. ABSENTEE VOTER GUIDE WHATCOM COUNTY, WASHINGTON SPECIAL ELECTION November 15,1983 You must use this ballot, do not attempt to vote at the polls on election day. YOUR BALLOT CONSISTS OF: 1. A ballot card with styrofoam backer. 2. A punching tool. 3. A pink envelope. 4. A manila envelope. 5. A ballot page or pages. HOW TO VOTE 1. Complete the Statement of Absentee Voter on the manila mailing envelope. 2. To the right of each measure or candidate on the ballot page is a number which corresponds to the numbered dot on the ballot card. 3. With ballot card on foam backer, use the punching toot and firmly punch out the black dot in the same square as the position number on the ballot card. 4. Write-in candidates may be voted for by using space provided on the ballot stub. Do not punch any position number on the ballot card for the race in which a write-in candidate is desired. 5. After you have finished voting, the ballot card and the styrofoam backer should be placed in the pink envelope. The pink envelope should be placed into the mailing envelope. Mail your ballot so that it will be postmarked the day of the election or sooner. 6. If you spoil the punch card ballot, use a pen to mark the ballot page. When returning your ballot, it will require first class postage. 1-228 Novsmber /51983 Whatcom County. Washington PT. ROBERTS PARK & RECREATION DISTRICT 1 Special Election — Proposition No.1 LEVY YES-3 , Shall a tax, of approximately $0.25 per $1.000,00 of assessed value (based on 100% of true and fair value) to provide $20,000.00 for operation and main- tenance purposes be levied for the Point Roberts Park and Recreation District No. 1 in 1983 for collection In 1984 upon all taxable property within the District, all as specified In Point Roberts Park and Recreation District No. 1. Resolution No. 83.1 / LEVY NO-5 w- 228 POSITION BALLOT PAGE LAYOUT FORM CUSTOMER WHEN THE BALLOT PAGE IS FOR PUNCH POSITION NUMBERS USE TRIM MARK 1-19 77-95 153-171 x 20-38 96-114 172-190 W 39-57 115-133 191-209 z 58-76 134-152 210-228 y ELECTION DATE.. _ INSTRUCTIONS PAGE NO. 1 1 1 1 1 1 W ^» W y ^, Y 7 z A B C D E F G H J K L M 1 20 39 51 77 96 115 134 153 172 191 210 PT. ROBERTS PARK & RECREATION DISTRICT 1 2 I 21 40 59 71 97 111 135 154 171 192 211 r Special Election — Proposition No.1 LEVY YES-3 ` 22 41 60 79 99 111 13fi 155 171 193 212 Shall a tax, of approximately $0.25 per $1,000.00 of assessed valije (based on 100% of true and fair value) to provide $20,000.00 for operation and main- tenance purposes be levied for the Point Roberts Park LEVY I- ond] Recreation District No.. 1 in 198.3 for collection NO a 5 _ In 1984 upon all taxable property within the District, all as specified in Point Roberts Park and Recreation District No. 1, Resolution No. 83-a1 4 23 42 61 10I 99 Ill 137 155 175 194 213 15 4 43 62 11 1 100 119 139 157 176 195 214 6 26 44 53 12 101 120 139 1158 177 196 215 7 26 45 64 93 102 121 140 159 170 197 216 9 27 46 15 14 103 R2 141 160 179 193 217 II 9 21 47 1 65 65 1104 120 142 161 190 199 2IS 10 29 49 67 116 105 IN 143 '162 111 200 219 163 1192 201 220 11 30 . 49 61 97 106 126 144 12 31 50 69 1 16 1107 126 145 164 113 202 221 1 13 32 51 10 19 IN 1127 146 165 174 203 222 I 14 33 S2 71 i}-90 109 121 141 166 106 204 223 15 34 63 72 j 91 I110 129 1N 167 116 205 224 16 36 54 t--73 12 111 130 149 161 117 206 225 — 17 36 65 { 74 1 13 '112 131 150 169 111 207 226 132 151 170 119 201 227 IS 37 56 IS 1 94 113 J 19 31 57 76 l 95 114 133 152 171 190 200 221 W W X �- X y y z z Variable Edge CONSTANT EDGE P.O. Box 398 tirtlinghvm, Washington 98225 - y JOAN OGDEN, AUDITOR Phone 676-6740 NOTICE OF THE CLOSING OF THE REGISTRATION BOOKS The Registration Books in all the precincts of Point Roberts Park and Recreation District No.l , Whatcom County, Washington will be closed to original registrations and trans- fers between precincts after Saturday, Octobers:, 1983, until after the Special Election on Tuesday Nov6Tdber 15, 983. W• oan OgdqV Whatcom aunty Auditor and Ex-officio Supervisor of Elections Publish: October 5, 1983 NT ROBERTS PARK AND RECREATION DISTRICT ^,•� POINT ROBERTS, WASHINGTON 9B2B1 lei �1c October 4, 1983 y Ms. Joan Ogden Whatcom Co. Auditor Whatcom County Courthouse Bellingham, Wa. 98225 Dear Joan: The Point Roberts Parks and Recreation District #1 requests that our recently invalidated levy be put before the voters of Point Roberts in a special election to be conducted by mail according to Washington State Law, RCW 29.36, Chapter 71. District #1 is requesting this special election because there was not a sufficient number of people voting in the primary election to validate the results of the proposed levy. Because of the importance of the passage of the pro- posed levy, which will provide operational and maintenance funds for 1984, the Board of District #1 feels that the people of Point Roberts should have another opportunity to vote on this issue. I hope this request will receive your support and we will be able to conduct this election as soon as possible. Yours truly, John C. Baker, Jr. Chairman cc ; file WHATCOM COUNTY PROSECUTING ATTORNEY CHIEF CRIMINAL DEPUTY DAVID S. McEACHRAN Mac D. Setter Courthouse 311 Grand Avenue CRIMINAL DEPUTIES BELLINGHAM, WASHINGTON 98225-4079 Randall J. Watts (206) 676-6784 Terrance G. Lewis David C. Cottingham October 26 1983 Martha V. Gross Mark E. Stansfield Joan Ogden Whatcom County Auditor Whatcom County Courthouse 311 Grand Avenue Bellingham, WA 98225 Re: Your question concerning Point Roberts Park and Recreation District No. 1 vote by mail special election to be held on November 15, 1983. Dear Joan: CHIEF CIVIL DEPUTY Eugene R. Moses CIVIL DEPUTY Bruce L. Disend I have had the opportunity to review the question you raised concerning whether or not a special election could be held for the Point Roberts Park and Recreation District No. 1, to be held on November 15, 1983, and be completed by mail. I don't believe such an election should be held for the reasons set forth below. Under the applicable statutes the only way such an election could be held on the day proposed would be if the first election held that year on the proposition had failed, due to the fact that November 15, 1983, is not one of the dates fixed by the statute for the conduct of special elections. As I understand there was an election held on September 20, 1983, in which the proposed levy was defeated. However, in reviewing the statutes, if appears that the September 20, 1983, primary was the last election in which a proposed levy of taxes to be collecteU— n 1984 could have' been submitted to the voters. Any resubmission of the proposed excess levy after September 20, 1983, would now be for taxes to be collected in 1985. Consequently, this election would have to be held on one of the dates set forth in the statute. November 15th is not one of those dates, and consequently, the election cannot be held on this date. In addition, the Secreatry of State has not set forth regulations to implement statutory authorization for elections to be conducted by mail. Rules will be adopted on October 28, 1983, to become effective 30 days thereafter. Consequently, the rules would not be in effect for the proposed special election, and could certainly cast doubt on the validity of the results of a special election. Due to the above -mentioned reasons, I do not believe that a special election should be held on November 15, 1983, for the Point Roberts Joan Ogden October 25, 1983 Page two Park and Recreation District No. 1. Sincerely yours, DAVID S. McEACHRAN Prosecuting Attorney DSM/klm of STATE .�,V Ralph Munro Olympia, Washington 98504 (206) 753-7121 6 October 20, 1983 Honorable David S. McEachran Prosecuting Attorney 311 Grand Avenue Bellingham, WA 98225 Dear Dave, The Whatcom County Auditor's office has informed us that a special election has been -requested by the Point Roberts Park and Recreation District for the purpose of submitting a proposed excess levy to a vote of the electorate of that district. They have requested that this election be held on November 15, 1983. Our office has serious concerns with this proposed election, which we believe we must share with you. A review of 'RCW 29.13.020 clearly indicates that the only way such an election could be held on that date would be if the first election held that year on the proposition had failed, given the fact that November 15, 1983 is not one of the dates fixed by that statute for the conduct of special elections. It is our understanding that such an election -- for taxes;to be collected in 1984 -- was held in conjunction with the September 20, 1983 primary, and that the proposed levy was defeated by the voters. It is further our understanding that the November 15.election is a re -submission of that proposal, again for taxes to be collected in 1984. We have conducted a careful review of title 84 RCW, specifically RCW 84.52.052, RCW 84.52.0.70, and RCW 84.56.010, and other sources (AGO 59-60, no. 137; AGO 49-51, no. 54; Sims v. Bremerton, 190 W 62, 66 P2d 863) and we are led to the conclusion that the September 20, 1983 primary was the last election at which a proposed levy of taxes to be,collected in 1984 could have been submitted to the voters. Any re -submission of the proposed excess levy after September 20, 1983 would now be for taxes to be collected in 1985. As such it would be the first election held under the provisions of RCW 29.13.020 for that year and therefore would need to be held on one of the dates specified by that statute. .Our concern in this matter is heightened by the fact that the district and the auditor desire to conduct this election by mail, pursuant to Chapter 71, Laws of 1983, 1st Ex. Sess. Section 8 of that bill requires the Secretary of State to adopt rules and regulations to facilitate such elections. It= is our intention to formally adopt such rules on October 28, 1983 4 Honorable David S. McEachran October 20, 1983 Page Two (following an October 27 public hearing), with the proposed rules becoming effective thirty days thereafter. Obviously, the rules would not be in effect for the proposed Point Roberts special election, and we have serious concerns whether any mail ballot special election may be conducted under that act prior to the adoption of regulations. At the least, the possib- ility of successful legal challenge to the November 15 election would appear to be greatly enhanced. This office is not empowered to render formal legal advice to county auditors and we do not desire to do so. However, we are very concerned about the potential invalidity of this special election, whether conducted i conventionally or pursuant to the new vote -by -mail statutes. We have infor- mally discussed this subject with the county auditor's office and recom- mended that they §eek your advice and opinion on this matter. We hope that, after reviewing the cited statutes and other relevant state laws, you will understand our concern about the conduct of this election and advise the county auditor and the district to reschedule the submission of this levy proposition. Si er y, RALPH NRO Secretary of State cc Honorable Joan Ogden Whatcom County Auditor RM:ka t P.o. Box 398 9rlh yho.,. Washington 98225 JOAN OGDEN, AUDITOR Phone 676-6740 October 19, 1983 The following event To: John Pearson, Office of the Secretary of State P. O. Box From: Joan Ogden, Whatcom County Auditor Re: Pt. Roberts Park and Recreation District No. 1 Vote Vote -by -mail Special Election November 15, 1983. 1. September 3➢1, 1983 a Resolution was received from Pt. Roberts Park & Rec requesting a vote-by-ma4:1 Special Election. Nov. 15, 1983. 2. SEptember 30, 1983 a verbal agreement was given by Joan Ogden, to conduct a vote -by -mail election. 1. September 30, 1983 a Resolution was received from Pt. Roberts Park & Recreation requesting a Special Election to be held November 15, 1983. (Resolution enclosed) 2. September 30, 1983 a verbal agreement was given by Joan Ogden, County Auditor to conduct a vote -by -mail election. frpm 3. October 4, 1983 a letter was received by John C. Baker, Jr. Chairman Pt. Roberts Park & REc. District to duct a vote -by -mail election according to Washington State Law R.C.W. 29.36, Chapter 71 (Copy enclosed) 4. October 11, 1983 the Commissioners of Pt. Roberts Park & Rec. Ditt No. 1 agreed to pay postage on the return envelopes to be used in the vote -by -mail election, subject to the approval by the Auditor. The Auditor gave a verbal approval. 5. October 6, approximate date, Shirley Forslof contacted John Peaws,on of the Office ofS-ecre-tar-y of Sta-te-qu.esticDiaq the date of_.£or the Special Election and also the quide lines on holding a vote -by -.mail election. At that time the date was questioned by John Pearson and the following statutes were referred to 84.52.070 and 84.52.020. a�:_Sept referenced `. AFFIDAVIT OF PUBLICATION STATE OF WASHINGTON, COUNTY OF WHATC014i /�'�r. �c C1, �.... �� C.x �� E.� • . ,being first sworn or! 'oath, deposes and says that she is the principal clerk of THE WESTSIi7E RECORD -JOURNAL, a weekly newspaper. Thai said newspaper is a legal newspaper and has been approved w a legal r newspaper by order of the superior court in the county in which it is ed and it is now and has been for more than six months prior to the publish ! dale the it alions hereinafter referred to, published in the English language continually as a weekly newspaper in 1Nhatcom County, Washington, and it is new and during all of said time was printed in an office maintained at the aforesaid place of publication of Said newspaper. NOTICE OF THE That the annexed is a true copy of a ..... ....... . CLOSING OF THE as it was published in regular issues (and not to supplement fartnl REGISTRATION GOOKS The Registration $oaks In all - of said newspaper once each week for a period of-....` the precincts of Paint Roberts : . park and Recreation Dlstrlct No. cor�seetrii rwceks; commencing an the 1, Whatcom County, Washington 7 will he closed to Original day of-1->1�=�-�-'-••-••-- 19 and ending on the ......... registrations and transfers Y7 �' between prectncts after Saturday. Yr day of k9•�9, both dates inclu- October 15, 1983, until after the slue, and that such newspaper was regularly distributed to its sub. Special Election on Tuesday, scribers during all of said period. That the full arnount of the fee November 15, 1983. Joan Ogden. Whatcom County p Auditor and Ex•ofliciv supervisor charged for the foregoing publication is the sum of $ .. ram• . of Elections t963 (we which amount has been paid in full, at the rate of $... • • • • . • . • • published October 5, ...... • ... eel .. per column inch for the first insertion and $ .............. . . ` per column inch for each subsequent insertion. Subscribed and sworn to before rrre this ....... .. .......... _.__ day it�. .:......................... of ........ ..._.. -.. � � • � .. • .•• ......... Notary Public in and for the SUyr Washington, reoiding at F'erodk r ' r POINT R06ERTS PARK AND RECREATION DISTRICT POINT ROBERTS. WASHINGTON 98281 October 11, 1983 Ms. Shirley Forslaw Auditor's Office Whatcom County Courthouse 311 Grand Ave. Bellingham, Wa. 98225 Re: Point Roberts Parks Levy, vote by mail Dear Shirley: The Commissioners of the Point Roberts Parks and Recreation District #1 agreed at their meeting on October 6, to pay the postage on the return envelopes to be used in the vote by mail election, subject to approval by the Auditor. At this time, we are requesting the Auditor to allow the District to pay for the postage on the return ballot envelope. In doing this, the Commissioners of District #1 feel that.it will result in a sufficient number of votes to validate the election. Again, thank you for your assistance in this election. We hope to hear from you at your earliest convenience regarding your decision in this matter. Yours very truly, Shelley Damewood Commissioner, Point Roberts Parks and Recreation Dsitrict #1 cc:file w 40 4' F Dear Voter Pt': Roberts Precinct: 1. Voting for the Pt. Roberts Park and Recreation Dist. No. 1 Special Election is by mail ballot only. The postage required on the return envelope has been paid by the district. The regular polling place will not be open. 2. A replacement ballot may be obtained from the office of the Whatcom County Auditor, 311 Grand Ave., Bellingham, if your ballot is destroyed, spoiled, or lost. 3. The ballot may be deposited in the office of the Whatcom County Auditor, 311 Grand Ave., Bellingham on election day in the event the ballot is not mailed. 4. Your ballot must be either postmarked not later than the day of the election or deposited at the office of the Whatcom County Auditor, 311 Grand Ave., Bellingham between the hours of 7:00 a. m. and 8:00 p. m. on the day of the election in order to be counted. y J. s AFFIDAVIT OF PUBLICATION STATE OF WASHINGTON, COUN TY OF WHATCOM �L�G 2 fir. �c _ I% ?c �? �� • . , being first sworn - oq `oath, deposes and says that she is the principal clerk of THE WESTSIDE RECORD -JOURNAL, a weekly newspaper. That said newspaper is a legal newspaper and has been approved as a legal r newspaper by order of the superior court in the county in which it is published and it is now and has been for more than six months prior to the date of the publications hereinafter referred to, published in the English language continually as a weekly newspaper in Whatcom County, Washington, and it is now and during all of said time was printed in an office maintained at the aforesaid place of publication of said newspaper. NOTICE OF THE That the annexed is a true copy of a..... ` .. ........................... CLOSING OF THE as It was published In regular issues (and riot fn supplement form) REGISTRATION BOOKS The Registration Books in all Me precincts of Point Roberts of said newspaper once each week for a period of.....`X1�......_.._ Park and Recreation District No, consecutive weeks;. -commencing on the 1, Whatcom County, Washington • 0.1 will be closed to original registrations and Transfers•-••— •• day of _��:....._%.._....., 19. and ending on the between precincts alter Saturday, October 15, 1983, until after the ..................... ...... day of ... . 19.erg. bath dates inclu- Special Election on Tuesday, sive, and that such newspaper was regularly distributed to its sub - November 15. 1983. scribers during all of said period. That the full amount of the tee Joan Ogden, Whatcom County Auditor and Ex•OffIC10 Supervisor charged for the foregoing publication is the sum of $ ..9-.eo........ of Elections which amount has been aid in full, at the rate of $...:5�' 4' A........ . Published October 5, 1983 MC P es> per column inch for the first insertion and $ per column inch for each subsequent insertion. 9. c��.� ..... ..:..... �c .........._. Subscribed and sworn to before me this .......-....'.......... day o1 .......19.E '. ! Rol ry Public in and far the Stat Washingleri, residing at Fernd V I, IDA TURPIN, Secretary of the Board of Directors of the Point Roberts Park and Recreation District #1. Whatcom County, Washington# do hereby certify that. the foregoing constitutes a true and correct copy of Resolution No. 83- of the Board of Directors, duly adopted ata special meeting thereof held on the 1983. r-" �L� Secretary Point Roberts Park and Recreation District A. -3- R The Secretary of the Board of Directors is hereby authorized and is directed to deliver a certified copy of this resolution to the Whatcom County ' Auditor. ADOPTED by the Board of Directors of the Point Roberts Park and Recreation District #1, Whatcom County# Washington, at a special meeting thereof held Sept. as., J 9s3, the following directors being present and voting in favor of said resolution. POINT ROBERTS PARK AND RECREATION DISTRICT# 1 Board of Directors irman LQ LI 1 .4 Vice Chairman 4-I ssioner Commissioner Commissioner Secretary of the Boa BALLOR TITLE APPROVED M Prosecuting attorney DATE c� F``_.. 1ENT ROBERTS PARK AND RECREATION DISTRICT t^� POINT ROBERTS, WASHINGTON 98281 October 4, 1983 ]E, r y�H � Ms. Joan Ogden Whatcom Co. Auditor Whatcom County Courthouse Bellingham, Wa. 98225 Dear Joan: The Point Roberts Parks and Recreation District #1 requests that our recently invalidated levy be put before the voters of Point Roberts in a special election to be conducted by a' mail -according to Washington State Law, RCW 29.36, Chapter 71. District #1 is requesting this special election because there was not a sufficient number of people voting in the primary election to validate the results of the proposed levy. Because of the importance of the passage of the pro- posed levy, which will provide operational and maintenance funds for 1984, the Board of District #1 feels that the people of Point Roberts should have another opportunity to vote on this issue. I hope this request will receive your support and we will be able to conduct this election as soon as possible. Yours truly, John C. Baker, Jr. Chairman cc;file WHATCOM COUNTY AUDITOR'S OFFICE `P.O. Box 398 Bellingham, WA 98225 To: John Pearson, Office of the SecretaryofState From: Joan Ogden, Whatcom County Auditorf,', JOAN OGDEN, Auditor :- Phone 676 - 6740 October 19, 1983 Re: Pt. Roberts Park and Recreation District No. 1 Vote -by -Mail Special Election to be held November 15, 1983. The following is a list of events that have occurred regarding the above election. 1. September 30, 1983 a Resolution was received from Pt. Roberts Park and Recreation District No. 1 requesting a Special Election to be held November 15, 1983. (copy encl.) 2. September 30, 1983 a verbal agreement was given by Joan Ogden to conduct a vote -by -mail special election. 3. September 30, 1983 an approval as to form was given by Bruce Disend, Deputy Prosecuting Attorney. 4. October 4, 1983 a letter was received from John C. Baker, Jr. Chairman of Pt. Roberts Park and Recreation District No. 1 to conduct a vote -by -mail Special Election according to Washington Law R.C.W. 29.36, Chapter 71. (copy encl.) 5. October 5, 1983 the Notice of the Closing of the Registration Books was published in the Westside Record Journal. (copy encl.) 6. October 6, 1983, approximate date, Shirley Forslof, Deputy Auditor, contacted John Pearson on the guide lines for holding a vote -by -mail election. At that time, the date of November 15th was questioned by the Secretary of State's Office as a permi'ssible'date•fbr..holding the Special Election: The following statutes were referenced R.C.W. 84.52.070 and 84.52.020 and advise was given by the Secretary of State's Office for this office to contact the commissioners of Pt. Roberts Park and Recreation Dist.'and refer them to the above statutes. 7. October 6, 1983 the above matter was referred to Bruce Disend of the Prosecuting Attorney's office. This was a verbal request and he verbally declih6d to take' airy position on •Pt: Roberts •,vo.t*-by=maih election..' 8. October 7, 1983, approximate date, Irene Rochon, Commissioner of Pt. Roberts Park and Rec. Dist was given a copy of R.C.W. 84.52.070 and R.C.W. 84.52.020 with a recommendation that she contact John Pearson of the Secretary of State's office regarding the time of holding their vote -by -mail Special Election. 9. October 11, 1983 the Commissioners of Pt. Roberts Park & Recreation District No. 1 agreed to pay postage on the return envelopes to be used in the vote -by -mail election, subject to the approval by the Auditor. The Auditor gave verbal approval. (copy encl.) 10_ October 19, 1983 Shirley Forslof contacted John Pearson regarding the instructions to voters on the vote -by -mail ballot page and was informed by John Pearson to document the above events,as closely as possible, and was informed that the Secretary of State's office was writing a letter to the Whatcom County Prosecuting Attorney's office regarding the time of holding the Pt. Roberts Park & Recreation Vote - by -mail Special Election. 11. A copy of the ballot page for Pt. Roberts Park & Rec. Dist. No. 1 Vote -by -mail Special Election is enclosed, also additional instruc- tions to voters and return envelope. CC:�David Mc Eachran, Whatcom County Prosecuting Attorney Va . V .I, � L F/L tb r POINT ROBERTS PARK AND RECREATION DISTRICk" _ .0748)83, �r a p PAGE OG .� RESOLUTION # 83-/I WASH pry A RESOLUTION of the Board of Directors of Point Roberts Park and Recreation District A, Whatcom County, Washington, providing for the submission to the qualified electors of the district at the 5pecijl Election to be held therein on Nov. 15, 1983, of the proposition of whether or not there should be levied an excess tax of approximately $ .25 cents per thousand dollars of assessed valuation (based on i00% of true and fair value) to provide $20,000.00for the districts General Fund to pay the general expenses of maintenance and operation of the Point Roberts Park and Recreation District #1, such levy to be made in 1983 for collection in 1984, YHEREAS, the money in and to be paid into the General Fund of the Point Roberts Park and Recreation District A , Whatcom County# Washington, during 1983 will be insufficient to enable the district to take care of all of the necessary financial obligationst and WHEREAS, in order to properly provide for said operation and main- tenance, it is deemed necessary that a tax of approximately $ .25 Cents per thousand dollars of assessed valuation (based on 100% of true and fair value ) to provide $20,000.00 for the district in excess of the maximum annual tax levy permitted by law to be levied for the district withour a vote of the electors, such levy to be made in 1983 for collection in 19841 and WHEREAS, the Constitution and laws of the State of Washington require that the question of whether or not such excess tax may be levied most be submitted to the qualified electors of the district for their ratification or rejection. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of Point Roberts Park and Recreation District #1, Whatcom County, Washington as follows, Section 1. It is hereby found and declared that the welfare of the residents of the district required the district to carry out the plans hereinafter provided. Section 2. In order to provide $20,000.00 for the General Fund of the District, the District authorizes the County Council of Whatcom County to levy a tax of approximately $ .25 Cents per thousand dollars of assessed valuation(based on 100% of true and fair value) to be levied in 1983 for collection in 1984 upon all the taxable property within the District in excess of the maximum annual taut levy be permitted by law to be levied for the District without a vote of the electors. Upon approval by the voters of Proposition No.l hereinafter set forth, the district may use the proceeds of such levy during the 1984 years and may expend the proceeds of said levy to pay the general expenses of maintenance and operations of the District as may be authorized or allowed by law for the use of excess levy funds. # - 2 - IL "r, M Section 3. It is hereby found and declared that an emergency exists requiring the submission to the qualified electors of the district of the pro- position of whether or not such excess tax should be levied for their ratification or rejection at the Specj'a,l Elec. to be held therein on November 15, 1983• The Whatcom County Auditor as ex off icio supervisor of election in Whatcom County is hereby requested to also find the existence of such emergency and to call and conduct said excess levy election to be held within the district on said date to submit U the qualified electors of the district the proposition hereinafter set forth. The Secretary of the Board of Directors is hereby authorized and directed to certify said proposition in the following form: PROPOSITION NO. 1 POINT ROBERTS PARK AND RECREATION DISTRICT# 1 Shall a tax, of approximately $ .25 cents per $1,000.00 of assessed value (based on 100% of true and fair value) to provide $20,000.00 for operation and maintenance psY evs+s mesas " be levied for the Point Roberts Park and Recreation District #1 in 1983 for collection in 1984 upon all taxable property within the District, all as specified in Point Roberts park and Recreation District #1, Resolution # 83-//? LEVY . . . . . . . YES ( ) LEVY NO ( ) ATV y�p 11 fnr mich shall --bp nl2ion s= • V AFFIDAVIT OF ABSENTEE VOTERS U1 3 U1 =4 M I r r C I� 1 z Q M ................................. ------- ............ ............ (Please print name for positive identification) do solemnly swear under the penalty as set forth in RCW 29.36.110 (see below)),, that I am resident of and qualified voter in------!//....� --- + �0494F� !__id _` -------------precinct (Precinct name or number) of....................................................................................... city WHATCDM in .......----•---------•• ------ -•-•--•.county, Washington; that I have the legal right to vote at. the election to be held in said precinct on the ...... da. f f, ---------- 19........I that I have not voted another ballot and have herein en- closed my ballot for such election. (signed) .... �X�....................... ................-----.......................... (Signature of Voter) PENALTY PROVISION Any person who violates any of the provisions, relating to swearing and voting, shall be guilty of a felony and shall be punished by imprisonment for not more than five years or a fine of not more than five thousand dollars, or by both such fine and imprisonment. m r r z O D a Cn z O z to Co N N Ul POINT ROBERTS PARK AND RECREATION DISTRICT POINT ROBERTS, WASHINGTON 98261 October 11, 1983 Ms. Shirley Forslaw Auditor's Office Whatcom County Courthouse 311 Grand Ave. Bellingham, Wa. 98225 Re: Point Roberts Parks Levy, vote by mail Dear Shirley: The Commissioners of the Point Roberts Parks and Recreation District #1 agreed at their meeting on October 6, to pay the postage on the return envelopes to be used in the vote by mail election, subject to approval by the Auditor. At this time, we are requesting the Auditor to allow the District to pay for the postage on the return ballot envelope. In doing this, the Commissioners of District #1 feel that it will result in a sufficient number of votes to validate the election. Again, thank you for your assistance in this election. We hope to hear from you at your earliest convenience regarding your decision in this matter. Yours very truly, ill Shelley Damewood Commissioner, Point Roberts Parks and Recreation District #1 cc:file 10 07 '(13 POINT ROBERTS PARK AND RECREATION DISTRICT- #I - �F RESOLUTION # 83- i1 A $N. !%r PJJ.� y A RESOLUTION of the Board of Directors of Point Roberts Park and Recreation District #1, Whatcom County, Washington, providing for the submission to the qualified electors of the district at the Special Election to be held therein on Nov. 15, 1983, of the proposition of whether or not there should be levied an excess tax of approximately $ .25 cents per thousand dollars of assessed valuation (based on 100% of true and fair value) to provide $20,000.00for the districts General Fund to pay the general expenses of maintenance and operation of the Point Roberts Park and Recreation District #1, such levy to be made in 1983 for collection in 1984. WHEREAS, the money in and to be paid into the General Fund of the Point Roberts Park and Recreation District A, Whatcom County, Washington. during 1983 will be insufficient to enable the district to take care of all of the necessary financial obligations: and WHEREAS, in order to properly provide for said operation and main- tenance, it is deemed necessary that a tax of approximately $ .25 Cents per thousand dollars of assessed valuation (based on 100% of true and fair value ) to provide $20,000.00 for the district in excess of the maximum annual tax levy permitted by law to be levied for the district withour a vote of the electors, such levy to be made in 1983 for collection in 1984; and WHEREAS, the Constitution and laws of the State of Washington require that the question of whether or not such excess tax may be levied must be submitted to the qualified electors of the district for their ratification or rejection. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of Point Roberts Park and Recreation District #1, Vhatcom County, Washington as follows, Section 1. It is hereby found and declared that the welfare of the residents of the district required the district to carry out the plans hereinafter provided. Section 2. In order to provide $20,000.00 for the General Fund of the District, the District authorizes :the County Council of Whatcom County to levy a tax of approximately $ .25 Cents per thousand dollars of assessed valuat.ion(based on 100/ of true and fair value) to be levied in 1983 for collection in 1984 upon all the taxable property within the District in excess of the maximum annual tax levy be permitted by law to be levied for the District without a vote of the electors. Upon approval by the voters of Proposition No.1 hereinafter set forth. the district may use the proceeds of such levy during the 1984 year, and may expend the proceeds of said levy to pay the general expenses of maintenance and operations of the District as may be authorized or allowed by law for the use of excess levy funds. - 2 - Section 3. It is hereby found and declared that an emergency exists requiring the submission to the qualified electors of the district of the pro- position of whether or not such excess tax should be levied for their ratification or rejection at the Special Elec. to be held therein on November 15, 1983• The Whatcom County Auditor as ex officio supervisor of election in Whatcom County is hereby requested to also find the existence of such emergency and to call and conduct said excess levy election to be held within the district on said date to submit U the qualified electors of the district the proposition hereinafter set forth. The Secretary of the Board of Directors is hereby authorized and directed to certify said proposition in the following form: PROPOSITION NO. 1 POINT ROBERTS PARK AND RECREATION DISTRICT# 1 Shall a tax, of approximately $ .25 cents per $1,000.00 of assessed value (based on 100% of true and fair value) to provide $20,000.00 for operation and maintenance proposes 49 be levied for the Point Roberts Park and Recreation District #1 in 1983 for collection in 1984 upon all taxable property within the District, all as specified in Point Roberts Park and Recreation District #1, Resolution # 8341? LEVY . . . . . . . YES ( ) LEVY. . . . . . . NO ( ) ' o j2ol f r siich f -3- The Secretary of the Board of Directors is hereby authorized and directed to deliver a certified copy of this resolution to the Whatcom County Auditor. ADOPTED by the Board of Directors of the Point Roberts Park and Recreation District A, Whatcom County, Washington, at a special meeting thereof, held Sept. 29, 1983, the following directors being present and voting in favor of said resolution. POINT ROBERTS PARK AND RECREATION DISTRICT# 1 Board of Directors Orrman IN " 'L` Vice Chairman +OM ssiouer Commissioner Commiss oner ATTEST s Secretary of the Boa BALLOR TITLE APPROVED BY: Prosecuting attorney DATE �4- I, IDA TURPIN, Secretary of the Board of Directors of the Point Roberts Park and Recreation District A. Whatcom County, Washington, do hereby certify that the foregoing constitutes a true and correct copy of Resolution No. 83- of the Board of Directors, duly adopted ata special meeting thereof held on the 1983. ecretary Point Roberts Park and Recreation District #1. P y OTS-1097 : 2 Chapter 434-36 WAC VOTE -BY -MAIL NEW SECTION WAC 434-36-010 AUTHORITY AND 2U220SE. These miles are adopted under the authority of section 8, chapter 71, Laws of 1983 1st ex. sess., for the purpose of establishing standards and procedures to prevent fraud and to facilitate the accrrate processing of mail ballot elections, to ensure that standards and procedures are established to insure the secrecy of the ballot, and to ensure that uniformity exists among the counties in the conduct of mail ballot elections. NEW SECTION WAC 434-36-020 DEFINITIONS. As used in this chapter: (1) "County auditor's means the county -auditor in a noncharter county or the officer, irrespective of title, having the overall responsibility to maintain voter registration information and conduct state and local elections in a charter county, and his or her deputies or staff, where the context indicates; (2) "Mail ballot special election" means an election conducted entirely by mail ballot vhere: (a) Only issues or nonpartisan offices are on the ballot; (b) The election is not being held in conjunction with a primary or general election; and (c) The election involves precincts not regularly voting by mail at primary and general elections. (3) "mail ballot" means a ballot used in a mail ballot special election and does not include a ballot used in a precinct with: fewer than one hundred registered voters regularly voting by mail in primary and general elections or in absentee ballot issued at the request of the voter; (4) "Ballot security envelope,' means the envelope which fits inside of the return envelope and in which the voter is instructed to seal his or her ballot so that, following the verification of the sig- nature of that voter, the ballot cannot be distinguished from other valid ballots; (5) "Return envelope" means the envelope in which the voter is instructed to seal his or her ballot security envelope and- on which the voter signs and dates the affidavit that he or she has cast a vote in that special election; (6) "Transmittal envelope" means the envelope in which the bal- lot, ballot security envelope, return envelope, and instructions are sent to the voter in a mail ballot special election; and (7) "Secure storage" means a locked room, cabinet, or other space, where access is controlled by the county auditor and where a record is maintained by the auditor of the date, time, and name of any person, other than an employee of the auditor's office, to whom access is permitted. 1 OTS-1097.2 I: t NEW SECTION. QAC 434-36-030 REQUEST FOR MAIL•BALLOT SPECIAL ELECTIO4. At any } nonpartisan, special election not conducted in conjunction with a pri- ; on may nary or general election, the jurisdiction requesting the ele mailtballot also request that the election be conducted entirely by. Such a request may be included in the resolution calling for the spe- vial election adopted pursuant to RCW 29.13-014 or 29-13.020, or it may be done by separate resolution- Not less than forty days prior to the date for vhich a mail ballot special election has been requested, the county auditor shall inform the requesting jurisdiction, in unit- ing, that either (1) the request `or the mail ballot special election is granted, pending approval of an election plan by the secretary of state. or () that the request for the ua.il ballot special election is not granted, for reasons specified- At the same time, the county j auditor shall mail to the secretary of state a copy of the resolution for the mail ballot special election and a - copy of the auditor's ?� response. NEW SECTION WAC 434-36-040 nAIL BALLOT SPECIAL ELECTION PLAN. A county auditor planning to conduct mail ballot special elections shall, not less than sixty days prior to the first such election, submit a stand- ard mail ballot special election plan to the secretary of state_ This plan shall remain on file in the office of the secretary of state and shall remain in effect for all mail ballot special elections unless amended by the county auditor. The election plan shall be in check list fors and shall specify the number of days before the election The checklist when certain activities are expected to be completed. may contain other activities, in addition to those listed here and may be arranged in a different chronological orde b, but otherwise shall be in slibstantiall.y the following farm: _ DAYS PRECEDING ACTIVITY THE ELECTION _ ordering of ballots and ballot envelopes Layout ballot Materials to printer (including .instructions to voters) _ Motif icat ion of postal �`-y--r authorities Notification of news media Receipt of ballot pages, ballot } cards, or paper ballots and ! other printed material I Preparation of mail ballot special �- election material Ballots mailed a Extra personnel hired Extra personnel trained [ 2 A,. OTS-1097:2 DAYS PRECEDING THE ELECTION - ACTIVITY Begin initial' verification of signatures Notice -of election Last day to mail notification of lack of signature The standard mail ballot election plan may be amended at any time up to thirty-five days before the date of any mail ballot special elec- tion by notifying the secretary of state, in writing, of'any changes. In addition to the standard mail ballot special election plan, the county auditor shall, for the first three mail ballot special elec- tions in his or her county, provide the secretary of state with the following material: (1) A brief narrative of the arrangements made with the postal authorities; (2) A copy of the ballot layout, including the ballot title(s); (3) A brief narrative of the procedures to be followed from the time the ballots are received until they are tabulated; (4) A floor plan of the working area where ballots will be pro- cessed, including approximate dimensions; (S) Samples of ballot materials, instructions, legal notices, press releases, newspaper articles, and any other printed materials as they become available; and (6) An estimate of the number of additional personnel to be hired. NEW SECTIO'S WAC 434-36-050 REVIEW 0? THE PLAN BY THE SECRETARY OF STATE. Within five days of the receipt of a standard mail ballot special election plan and as soon as possible after receipt of an amended plan or election materials for a specific election, the secretary of state shall undertake a review of the plan and/or the submitted materials. The review shall consist of examining all submitted materials as they apply to the following three concerns: (1) The secrecy of the ballct; - (2) The prevention of fraud; (3) The accurate processing and canvassing of the ballots. If after such review, the secretary of state finds that one or more elements of the election plan or related materials do not adequately deal with these concerns, he or she shall immediately notify the county auditor, by telephone and in writing, of the exceptions noted, and shall detail specific changes to those parts of the plan or mate- rials to which he or she has taken exception. These changes shall be implemented by the county auditor. The secretary of state may not take formal exception to policies, procedures, or materials developed by the auditor for the conduct of a mail ballot special election which do not directly affect one of the above listed concerns, but may rec- ommend changes in these other areas. The county auditor may accept or reject these recommended changes. C 3 1 " r a OTS-1097:2 NEW SECTION VAC 434-36--060 NOTICE OF election, the notice of election shall include the following: (1) The title of each office (2) The names and addresses (3) The ballot titles of all h lI also list: ELECTION. In any mail ballot special published pursuant to RCW .29.27.080 to be voted upon, if any; of all candidates; and ballot measures. The notice s a (a) The precincts that are voting by mail ballot only; (b) The location where voters may obtain replacement ballots; and (c) The location(s) where unmailed ballots may be deposited between the hours of 7:00 a.m. and 8:00 p.m- on the day of the election. The auditor shall additionally notify local radio, television, that the election is to be conducted by and newspapers, if applicable, mail ballot only. - NEW SECTION . -- -I _ VAC 434-36-070 DELIVERY OF BALLOT TO VOTER. Not sooner than twenty-five days nor later than fifteen. days before any mail. ballot special election, the county auditor -shall send to each registered voter- in the election district.a ballot, a 1. return envelope, a ballot security envelope, and. instructions.. regarding the mail ballot election. NEW SECTION VAC 431t 36-080 ENVELOPE - SPECIFICATIONS All ballots, ballot security envelopes, and return envelopes shall be of uniform color and size for each jurisdiction conducting a mail ballot special election - The county auditor may, however, use ballots, security envelopes, and return envelopes of uniform size for all jurisdictions conducting a sail ballot special election should he o_r she so desire. The envelope n which the ballot is mailed to the voter shall be clearly marked, iNOT FORWARDRETURN TO SENDER -- 8ETuRN POSTAGE GUARANTEED". The return envelope shall bear the address of the issuing officer and the Words, "OFFICIAL BALLOT -- DO NOT DELAY" prominently displayed on the front, and shall also bear the wrrds "POSTAGE REQUIRED" in the upper right hand ccruer. The eavelope shall shallcalsoincontai.ne he the forvoters name and address to be listed and statement: to - I, the undersigned, hereby state that I am a registered voter in Washington; that I am entitled to vote in this election; that I have not voted another ballot; and that I have completed this ballot in secret. I further understand that any person attempting to vote when he or she is not entitled or who falsely signs this affidavit shall be guilty of a felony, punishable by imprisonment of not more than five years or a fine of not more than five thousand dollars, or both such fine and imprisonment - (signed) --------------------- (dateof oath) ............... 4 1 e OTS-1097:2 NEW SECTION VAC 434-36-090 INSTRUCTIONS -TO VOTERS. Instructions shall be included with the mail ballot, the return envelope, and ballot enve- lope delivered to the voter. The instructions shall detail the mechanical process which must be followed in order to properly cast the ballot. The instructions shall also: (1) Advise the voter that the election is to be by mail ballot, the amount of postage required on the return envelope, and that regu- lar polling places will not be open; (2) List the location of the place where the voter may obtain a replacement ballot if his or her ballot is destroyed, spoiled, or lost; (3) List the location of the place(s) where the voter may deposit his or her ballot on election day in the event the ballot is not mailed; (4) Advise the voter that in order for his or her ballot to be counted it must be either postmarked not later than the day of -the election or deposited at the designated place between the hours of 7:00 a.m. and 8:00 n.m. on the day of the election; (5) Advise the voter that his or her ballot must be marked in secret; and (6) Advise the voter that any person attempting to vote when he or she is not entitled or who falsely signs the affidavit shall be guilty of a felony, punishable by imprisonment for not more than five years or a fine of not more than five thousand dollars, or both such fine and imprisonment. NEW SECTION AAC 434-36-100 DEPOSITING OF BALLOTS. Ballots may be deposited in the auditor's office at any time, during normal business hours, prior to the day of the election and from 7:00 a.m. to 8:00 p.m. on election day. The county auditor shall designate at least one other place of deposit within the jurisdiction holding the mail ballot spe- cial election whenever, in his cr her judgment, having only the audi- tor's office as a place of deposit would unduly inconvenience the voter. if other places of deposit are designated, each shall be staffed by an employee of the auditor's office or by another person designated by the auditor. The person designated by the auditor shall not be an employee of the jurisdiction conducting the special election and shall subscribe to an oath regarding the dischar3e of his or her duties, administered by the county auditor. All designated place of deposit shall be open from 7:00 a.m. until 8:00 p.m. on the day of the election and shall have a secure ballot box. The ballot box shall be constructed in such a manner that return envelopes, once deposited., may be removed only by the county auditor or the person appointed to staff the place of deposit. That person shall ensure that the affida- vit on the return envelope is signed before the ballot is deposited in the ballct box. on election day, the person(s) staffing the desig- nated place(s) of deposit shall. place their initials and time of deposit on the return envelope. NEW SECTION WAC 434-36-110 OBTAINING REPLACEMENT BALLOTS. Each county audi- tor shall designate his or her office or any other location within the jurisdiction requesting the mail ballot special election as the single place where voters may obtain a replacement ballot. Any voter seeking [ 5 ] . OTS-1097:2 a replacement ballot must, prior to 8:00 p.m4 on election day, return the original ballot if it was spoiled and sign a sworn statement in substantially the following form: - REPLACEMENT BALLOT REQUEST I . ............. do hereby request a replacement ballot for the mail ballot special electicn to be held on _. __....... in county, Washington, for the following reason (check one): ❑ I did not receive the ballot mailed to me. or ❑ The ballot mailed to me has been damaged, lost, or -destroyed. i hereby certify, under penalty of law, that the above information is true and correct, and that I understand that attempting to vote more than once in any election is a vio- lation of Washington election law. . . . • . . . . . . . . . . . . . . Signature of voter ................... Address at which I am registered to vote . • . . . . . . . - . . . . . . . . . a The above named individual appeared before me and has been issued a replacement* ballot pursuant to the provisions of chapter 71, Laws of 1983 1st ex. sess. Signature of issuing officer . . . . . . . ■ . . . . . . . . . . . . Date The county auditor shall maintain a record of each replacement ballot so issued. Any absentee ballot request made wherein the voter lists an address different from that to which his or her mail ballot has been or' is to be mailed shall be handled as provided by RCA 29.36.030. NEW SECTION WAC 434-36-120 UNSIGNED AFFIDAVIT. If the voter neglects to sign the affidavit on the return envelope, the auditor shall notify the voter, either by telephone or by first class mail, of that fact. He or she shall advise the voter that, in order for the ballot to be counted, the voter must appear in person at the auditor's office not later_ than 8:00 p.m. on election day. A record shall be kept on the return envelope of the date on which the voter was contacted or on which the notice Was mailed. Any notice by mail shall be in substan- tially the following form: Dear Voter: [ 6 ] op OTS-1097:2 Your- ballot- for the fort.hcomir_g_-mail ballot special e-lection to be held _on__.�_�.._c-...._ has been received by this office. Unfortunately, you neglected t-o sign the affidavit on the reverse side of�A-the--retu-ru env_elvge,_ :ate required by state law. �Please'a.ppear_ -in -person at_t-he _loca-tion -listed on this card _and sign this affidavit u_a -Latter -than 9:00- p._�n,_ :o.n-_._..-.= ;Y4t1 Ia_L1ot cannot be counted unless the return envelope is signed. ADDRESS ........................... c_ , NEW S-ECT•SC3�. 4-AC_.4.34 35-13,0 ::SIGN:A E__V _�?I SAT _ON_-pE�S� ,N_i_ mai:L--ballot shall 43e-..cou_nte� _D-n-1y-% is returned in the return envelope; (2) The envelope is signed by t�e_�eg$te*-eri_ ,votes to Whom it was issued; n }--, y- _ _ _ _ (3) The signature has been verified by the county auditor; and (4) It is postmarked not later. than_ the, _ a-y_ o f...t-he election or deposited not later than 8:00 p.m. _ The auditor must compare thE-��.ire on�the return envelope with the voter's signature as it appears on the voter registration card., and shall hire as many nersplLS_ aS.he_ a}. �h�_ ►ie.ema necessary to assist in this process. All personnel assigned to the duty of signa- ture--r_etif at -on:- = sh 1�i, sub ri _tom an_:o3t':� rear!Jiaq, the discharge of hik sgr_ her_ duti�sycg-3m.i-nIs�red: b�*tt�e=�ou,nty-e*dit9-r,s_- xhe =iUditor shall,_ sj-_uc-t: isa.pr Sher mplo rees;- iq; he- signature verification pro- cess prior to actually canvassing any signatures and may request that local law enforcement officials instruet_ those--eiaplAyees in techniques used to identify forgeries. S1 g_;ara_a __i _s07-_ i_. .___.S_ iNEii-!ECT3ON7 �434-36-140 YyRIi'���T3oN=:9Fi 5 AT9B9S-T72R OC-SSIf- the $ndi.tQr-_determines that the signature on the return envelope matches that on the voter registration card, he or she shall indicatq op. the envelope that a signature comparison has been Wade. No indica-ion of a voter having cast a ballot shall be made on the voter registration file until a signature comparison has been made. In the event the auditor determines that the signatures do not match, or that the voter hds tz­voted- more than once, he or she shall refer all such ballots and any dtFeC17elated materials to the county canvassing board. No ballot so referred_shalinbe -counted-un-lessisubsegnent�::-,.inveatigatxQa_=reveals tto-: - t a a�ya-,lid_ ballot_ andL,_*-e_ca:nvas5ing: bvardadirectsst e_anditflr ±�Yaeee�t- iti=-The_sic7uature�.verif;ication- pt9eess- shall? be open to_ the �atble, s►th jeep_ to reasonable-• pir-ooedures .promulgated b► t he county ed itor, to. insure= th3t-ogle;pis_jpai�ntained-asd_t9,:safegaard_-fhe,integ- �_- Ve_- OTS-1097: 2 NEW SECTION VAC 434-36-150 COUNTY CANVASSING BOARD. The county canvassing board shall examine each ballot and related material referred by the auditor a counted. cials or effort. I is to be the event ballot was nd shall determine whether or not the ballot is to be The canvassing board may employ local law enforcement offi- any other persons they deem necessary to assist. them in this n the event the canvassing board determines that the ballot counted, they shall direct the county auditor to do so. the canvassing board determines that the signature on not made by the voter to whom the ballot was issued or the voter has attempted to vote more than once, they shall direct In the that the auditor to refer all such ballots and related materials to the prose- cuting attorney. The county auditor must also notify the attorney general cf any persons attempting to vote more than once. NEW SECTION VAC 434-36-160 MASTER LIST OF. VOTERS. The county auditor shall maintain in his or her office a list of.all voters eligible to.vote in any mail ballot election. An indication shall be made on this master list of the status of all ballots returned and verified, and this list shall be available for public inspection and copying at a reasonable cost. _ NEW SECTION VAC 434-36-170 LOGIC _AHD ACCURACY TEST. At least three days before any mail ballot special election, if an' electronic vote tally- ing system is to be used, the auditor.shall conduct a logic and acca- racy test of all programming. wherever applicable, this test shall be conducted in accordance with RCW 29.34.163, except that the secretary of state need not be present. The_ test shall be repeated immediately prior to any tabulation of ballots on election day. NEW SECTION WAC 434-36-130 TALLYING OF BALLOTS. The county canvassing board, upon the request of the county auditor, may direct that, after 12:00 noon on election day, mail ballots on hand be counted. Any such count made prior to 8:00 P.M. must be done in secret and the results not revealed until after 8:00 p.m. Whenever any ballot is to be counted, the county auditor -.shall ensure that at least three election .officers are present. Such officers shall be appointed as provided by ._RCW 29.45.010.. Any violation of the secrecy of the count shall be subject to the penalties provided in RCW 29.54.035. During either the early count of ballots or the regular tabulation of ballots on elec- tion night in counties +ising electronic voting devices, political party observers may select up to ten precincts and count by hand either the total number of ballots or the total number of votes cast for any single office or issue. This hand count may take place at any time after the ballots have been officially tabulated by the elec- tronic vote tallying system, but must take place prior to the official certification of the election results. 1 8 r OTS-1097:2 NEW SECTION ~� W_AC 434-36=190 CANVASSING OF BALLOTS. Except as otherwise pro- vide-i. by law, mail ballots shall be canvassed in the same manner as -Abse ttee ballots issued at the request of the voter. To be counted -�;uch_mail ballots must be deposited at the designated place not later than- 9:00 p.m. on election day or postmarked not later than the day of the -election. In the event the postmark is missing or illegible, the -County- canvassing board may rely on the date of the oath signed_ by the voter on the outside of the return envelope. Any mail ballot mayr he c{iall6aged in the same manner as absentee ballots are cl- Ileag-al, and tha-county cauvassing board must :.ietermine that any challenge{ ballot is -valid be `ore it may be counted. "`E QT_ 1011 W4C 434-36-200 MAINTENANCE OF RECORDS. L'ach county auditor con- ductinj- a mail ballot special el.scti-)n shall maintain and retain com- 6r9tL--_-d-ocumentation of that election. The documentation :maintained � a_117f:nclude, but not be limited to, the following: (T). A copy of the resoluticn calling_ for the mail ballot efJUtion; copy o: the legal notice identifying the election, as a mail ballot election; (3) The return envelopes which have been marked to inii.cate the signature had been verified; (4) The sworn statement of each voter issued a replacement bal- ---=(=5-)�-The master list indicating which voters cast baLLots. Zh'e_ retention period for this material and for the b-ill.:Its them- selveg ""all be the save as for absentee ballots, or until the resolu- t6rCr_o�_ any litigation arising out of the mail ballot election. ril_lots.-_and all related material shall be ield in secure storage both fTore= they are mailed and after they are returned. YEA SECTION Wr1e_ 434-?6-210"PORT TO TH?! SECEETA3F OF STATE. Not later than -vefz==tale=.dar nays foL' owing the official canvass of any mail ballot special. election, the county auditor shall report the results of that electi'ah- to the secr"tary of state. Included in that revort shall be: - _ j1) The total number of eligible voters in the district; - -(21= The total number of ballots mailed; The total number of ballots returned (listing those returned b' mail. and by deposit as seper3 to sub -totals) 5 The total number of replacement ballots issued (with seperate sgi� totals for destroyed, lost, spoiled 'or, not received original h�110 ts� 15) _The total number of ballots .accepted as valid and counted; (61- The total number of ballots rejected; included in the z 9ected. ballot total shall be sub -totals listing: = {ar The number of ballots received Late -_-lb) The number of ballots rejected because the return envelope bore n. signature: (6) The number of ballots rejected because the signature on the return envelope was not that of the registered voter to whom the bal- lot.was-issued; and (d) The number of ballots rejected because the voter attempted to vote more than once; C 9 OT.S-109 7 . ? (7) The official results of the election; -;Ana (8) An itenizat=on of the cost of the mail nallot special eLec- tion to the jurisdiction which requested it. The auditor shall retain a copy -of this retort in his or her files, and shall provide a copy to the jurisdiction for Which the nail ballot special election was conducted. [ 10 1 CRE�Ll {y T w�.( lh N9 a YY Olympia, Washington 98504 Ralph Munro (206) 753-7121 September 22, 1983 B U L L E T I N TO: County Auditor FROM: Ralph Munro Tt RE: Vote -By -Mail Rules We are enclosing a copy of our proposed rules regarding voting -by -mail, which we filed with the Code Reviser yesterday. The following major changes were made to the first draft of these rules, which you received last month: 1. The requirement for pre -paid postage has been dropped. (p 4) 2. The "veto" by this office has been removed. We .retain the right, however, to make changes in election plans in certain specific instances. (p 3) 3. We have changed the definition of "secure storage". (p 1) 4. We are requiring that certain specific information be included in the election plan and related materials. (pp 2,3) , 5. We have altered the oath on the return envelope, but we have retained references to the penalties for violation of the oath. (p 4) 6. We have simplified the deposit procedure. (p 5) 7. We have provided for absentee ballots. (p 6) 8.. We have removed the requirement that those persons verifying signatures be political party designees. (p 7) 9. We have _removed the requirement that the original voter registration record be marked when the signature is canvassed. (p 7) September 22, 1983 Bulletin - County Auditors Page two I would like to thank each.of you that called or offered suggestions in writing after receiving our first draft, and I would especially like to thank Gary McIntosh, the elections supervisor from Thurston County. Gary worked closely with us in getting most of your suggested changes into the rules. Finally, I would draw your attention to the Notice of Intent to Adopt, wherein you will see that the formal hearing on the adoption of the rules will take -place on Thursday, October 27, at 10:00 a.m, in this office. You are all encouraged to attend if you wish to make comments on the rules, or you may submit written comments, data, -or arguments by that date. • • f- r y Rules establish standards and procedures to be followed during each facet of the mail ballot special election and include the requirement that accurate records be maintained and that complete reports be made to the Secretary of State. Rules also define several terms used in connection with these elections. . Mail Ballot Special Elections pose new problems for local election officials, among which are election notice requirements, delivery of ballots, instructions to voters, secrecy of the ballot, maintenance of adequate audit trails, and pre- vention of fraud. The rules address each of these problems and do so in a manner that will ensure uniformity in the conduct of these x elections throughout the state. c) AGENCTTERSONNEL RESPONSIBLE FOR: 1fraft-ing - John Pearson, Office of the Secretary of State Post Office Box 9000 ' � y ia 04 334 Implementation - SecretaryylofpState$SPost Office2Bvx 9000 Olympia 98504 - 753-7121 Enforbement - Secretary of State, Post Office Box 9000 �c Olympia 98504 - 753-7121 ,SECRETALMA �. Ralph Munro Olympia Washington 98504 (206) 753-71,21 RULE-- P1�3SE -STATEMENT ---- =g�`==TITLE _ tanc� r s arrd' _ro_ced s f_6 `Ma'if-Ballot Special ETe_ctianVURa- R99E: -Try=� zsurecrth to �Orn ty- exii'Ei in the conduct _'and - ~• ����� -�k�c t�;�ns sand that f�l17jWE�d -Ai}f dh =enhance the =thy-aT�1�-' Y� --`an securit ofd _ the, integrity of the =— TUTORY AUTHORITY: Section 8, Chapter 71, Laws of 1983, — 1st :Extraordinary Session -CRY OF RULES: REASONS Rule Purpose Statement Page two d) RULES PROPOSED BY: Elections Division Office of the Secretary of State e) AGENCY COMMENTS: None 'f_)''- Rules are not a result of federal law or federal or state court action. • � f i NonCE OF IN I L.NTION TO ADOPT, AMEND, OR REPEAL RULES (Instructions for completion on back of page) ZAdditional information may be typed on back of page) (1) Notice is hereby given in accordance with the provisions of RCW 34.04.025 that the Office of the Secretary of State _ (name of agency) intends to adopt, amend, or repeal rules concerning:' Procedures to be used by the county auditors in the conduct of vote -by -mail elections held pursuant to Chapter 71, Laws of 1983, 1st Extraordinary Session, and providing definitions for terms used in the rules. (HEARING DATE AND PLACE) (2) ( Use only if hearing is to be held) that the agency will at 10:00 a.m. Thursday (time) (day) in the Office of the Secretary of State, 01� (place) conduct a public hearing on the proposed rules. October 27, 1983 2 ia, WA (date) (3) (a) U The adoption, amendment, or repeal of the rules will take place immedidtely following the hearing. —OR—' (b) (g The formal decision regarding adoption, amendment, or repeal of the rules will take place on October 28, 1983 (date) (4) (a) The authority under which these rules are proposed is: Section 8. Chanter 71 Laws of 1983. 1st Ex. Session (b) The specific statute these rules are intended to implement is: Chapter 71. Laws Of 1981, 1At E_x_- Session - - (5) Interested person' may submit data, views, or arguments to this agency in writing to be received by this agency before OetobPr 27 1983 (date) (6) The additional notice required by RCW 34.04.025 has been made by (a) mailing copies of this notice to all persons who have made timely request of this agency for advance notice of its rule —making proceedings, and (b) filing copies of this notice with the the rules review committee. (7) This notice is connected to and continues the matter in Notice No(s). WSR filed with the code reviser's office on (date) Office of the Secretary of State (AGENCY) Dated:- Se rube 1 , 1983 By: Secretary of State (TITLE) e STATE OF WASNINCTON FI I Fr) SEP 211983 CODE REVISER'S OFFICE NOTICE z.3-19_CY©Q (Do not write in this space) V.B. These proceedings may require additional notice pursuant to the Open Public Meetings Act of 1971; consult .hapter 42.30 RCW. [Form CR-l: Rev. 7/23/821 U13L11Vu11- I— (ing districts in ue thereof, and county, to cer- and to the of- iditures and/or ;nsive with the :y in the county to certify to the e expenditures t in the- county l assessed value 1975 1st ex.s. c -: 1939 c 206 § 278: See notes county commis- � may designate y tax advisor to rty taxes in the -rty tax advisor 's office or have letermination of .rposes that may designated as a ;d on a fee basis any funds avail- laluation includ- e in the property n such -duties as county commis- -s elect to desig- )ublicize the ser- See notes following ling comparative rs. The assessor who petitions -the x claim or valua- payer a compila- the assessor in aluation. If valu- es were used, the a such other fac- property used in s of such request 1 such taxpayer's taxpayer at least ten business days prior to the hearing an appeal or review proceedings. A taxpayer who lists comparable sales on his notice of appeal shall not there- after use other comparable$ during the review of appeal proceedings: Provided, That the taxpayer may change the comparable sales he is using in proceedings subse- quent to the county board of equalization only if he pro- vides a listing of such different comparable$ to the assessor at least five business days prior to such subse- quent proceedings: Provided further, That the board of equalization may waive the requirements contained in the preceding proviso or allow the assessor a continuance of reasonable duration to check the comparables fur- nished by the taxpayer. [1973 I st ex.s. c 30 § 1.1 Chapter 84.52. LEVY OF TAXES Sections 84.52.010 How levied —Effect of constitutional limitation. 84.52.020 City and district budgets to be filed with county com- missioners; when. 84.52.025 . Budgets of taxing districts filed with county commis- sioners to indicate estimate of cash balance. 84.52.030 Time of levy.. 84.52.040 Levies to be made on assessed valuation 84.52.043 Limitations upon regular property tax levies: 84.52.050 Limitation.of levies. 84.52.052 Excess levies authorized —When —Procedure: 84.52.053 Excess levies by school districts authorized— When —Procedure. 84.52.0531 Excess levies by school districts —Maximum dollar amount for maintenance and operation support — Restrictions —Authority to exceed levy limitations (as amended by 1981 c 168). ' 84.52.0531 Excess levies by school districts Maximum dollar amount for maintenance and operation support — Restrictions --Authority to exceed levy limitations (as.amended by 1981 c 264). 84.52.054 Excess levies --Ballot contents Eventual dollar rate on tax rolls. 84.52.056 Excess levies for. capital purposes authorized. 84.52.063. Rural library district levies. 84.52.065 State levy for support of common schools. 84.52.067 Stale levy for support of common schools —Disposi- tion of funds: 84.52.069 Levy- for emergency medical -care and seMces- 84.52.070 Certification of levies to assessor- 84.52.080 Extension of taxes on rolls —Form of certificate — Delivery to treasurer. 84.52.090 Record of errors —November meeting of board of equalization. 84.52.700 County airport district levy authorized- 84.52.703 Mosquito control district levies authorized. 84.52.706 Mural county library district levy authorized_ 84.52.709; Intercounty rural library district levy authorized. 84.52.712 Reduction of city levy if part of library district. . 84.52.715 - Educational service, district circulating library levy - authorized-. 84.51718 Levy by receiver of disincorporated city authorized. 84.52.721 Unclassifie& city sewer fund levy authorized. 84.52.724 City accident fund levy authorized- �•� 84.52.754 ­y ,iunp,tai maintenance levy authorized, Park and recreation service area levies authorized. 84.52.757 Park and recreation district levies authorized. 84.52.760 County road fund levy authorized. 84.52.763 City firemen's pension fund levy authorized. 84.52.766 Township road district levy authorized. 84.52.769 Reduction of city levy if part of fire protection district. 84.52.772 Fire protection district levies authorized. 84.52.775 Port district Ievies authorized, 84.52.778 Public utility district levy authorized. 84.52.781 Sewer district levies authorized. 84.52.784 Water district levies authorized. 84.52.787 Cemetery district levy authorized. 84.52.790 Public hospital district levy authorized. 84.52.793 Air pollution control agency levy authorized. 84.52.796- Mental retardation and developmental disability services levy authorized. 84.52.799 Veteran's relief fund levy authorized. 84.52.802 Acquisition of open space, etc. land or rights to future development by counties, cities, metropolitan munici- pal corporations or nonprofit nature conservancy cor- poration or association —Property tax levy authorized. 84.52.805 Diking and drainage system levy authorized. 84.52.808 River improvement fund levy authorized. 84.52.811 Interoounty river control agreement levy authorized. 84.52.814 Flood control zone district levy authorized. 84.52.817 Irrigation and rehabilitation district special assessment authorized. 84.52.820 Reclamation district levy authorized. 84.52.010 How levied Effect of constitutional limitation. All taxes shall be levied or voted in specific amounts, and the rate percent of all taxes for state and county purposes, and purposes of taxing districts coex- tensive with the county, shall be determined, calculated and fixed by the7county assessors of the respective coun- ties, within the limitations. provided by law, upon the as- sessed- valuation- of the property Of the county,. as shown by the completed tax rolls- of the. county, and the rate percent of all taxes levied for purposes of taxing districts within any county shall be determined, calculated and fixed by the- county assessors of the respective counties, within- the limitations provided by law, uponthe assessed valuation of the. propertyof the taxing districts respec- tively- Provided, That when any such county assessor shall find that theaggregate rate of levy on any property will exceed the limitation set: forth in RCW 84.52-043 and RCW 84.52.050 as now or hereafter amended, he shall recompute and -establish a.. consolidated- levy in the following manner: (1) He shallinclude for extensiorr on the tax roils the full rates- of levy certified to him. for state, county, county. read districts, city and school district purposesin: amounts not: exceeding the limitations established, by law --Provided, That in the event of a, levy made: pursuant to RCW 84.34.230, the rates of levy for county; county road. district, and school district purposes shall be. re- duced in such uniform percentages as will result in a other taxing districts imposing taxes on such property, other than port districts and public utility districts, re- duced by him in such uniform percentages as will bring the consolidated tax levy on such property within the: provisions of such limitation. [1973 Ist ex.s. c I95 § 101; 1973 1st ex.s. c 195 § 146; 1971 ex.s. c 243 § 6; 1970 ex.s. c 92 § 4; 1961 c 15 § 84.52.010. Prior: 1947 c 270 § 1; 1925 ex.s. c 130 § 74; Rem. Supp. 1947 § 11235; prior: 1920 ex.s. c 3 § 1; 1897 c 71 § 62; 1893 c 124 § 63.] _ Severability—Effective dates and termination dates ---Construc- tion 1973 1st ex.s. c 195: See notes following RCW 84.52.041. Severability-1971 ex.s. c 243: See RCW 84.34.920: Intent 1970 exs. c 92: 'it is the intent of this 1970 amendatory act to prevent a potential doubling of property taxes that might other- wise result from the enforcement of the constitutionally required fifty percent assessment ratio as of January 1, 1970, and to adjust property tax millage rates for subsequent years to levels which will conform to the requirements of any constitutional amendment imposing a one per- cent limitation on property taxes. It is the further intent of this 1970 amendatory act that the statutory authority of any taxiing district to impose excess levies shall not be impaired by reason or the reduction in millage rates for regular property tax levies. This 1970 amendatory act shall be construcd'to effectuate the legislative intent expressed is this section.' (1970 ex.s. c 92 Effective date —Application— 1970 ex.s. c 92: "This act shalt take effect July 1, 1970 but shall not affect property taxes levied. in 1969 or prior years." [1970 exs. c 92 § 11.1 84.52.020 City and district budgets to be filed with county commissioners,. when. It shall be the duty of the city council or other governing body of cities of the first class, except cities having a population of three hundred thousand or more, the city councils or other governing bodies of cities of the second or third class, the board of directors of school districts of the first class, the super- intendent of each educational service district for each constituent second class school district, commissioners of Port districts, commissioners of metropolitan park dis- tricts, and of all officials or boards of taxing districts within or coextensive with any county required by law to certify to boards of county commissioners, for thepur- pose of levying district taxes, budgets or estimates of the amounts to be raised by taxation on the assessed valua- tion of the property in the city or district, through their- chairman and clerk, or secretary, to make and file. such certified budget or estimates with. the: clerk of thehoard of county commissioners on or before the Wednesday next following the first Monday in October in each year. [ 1975--76 2nd ex.s. c 1 I 8 § 33; 1975 c 43 § 33; 196-1 c 15 § 84.52.020. Prior: 1939 c 37 § 1;. 1925 ex.s. c 130 § 75; RRS § 11236;. prior: 1909 c 138 § 1; 1893 c 71 §§ 2, 3.] Severability--1975='76 2nd ex.s. c 118: Seenote following RCW 28A.65.400. Effective date----Severability-1975- c 43: See notes following RCW 28A.57.140. on and/or by st ex.sc nes--Construc- .v 84.52.04 . ex.s. c 21, Spe amen s0ools. .010, in each the following if the state a )usand dollars ion of all tax to the §.fate ndicated ratio [1979 ex.s. c ex.s. c 299 31� �tes—�oo w s4.52struc .04�. )9: See notes fot- of common erty taxes 'lev- n schools'shall to treasury ?§ 133 § 2.1 care and ser- listrict" fneans istrict, city or ction district. litional regular to twenty-five ,sessed value of ar for six con - approved pyla ;lectors thereof on the p Inber )n shall consti- rty �er'centurrl .act at the last tber of eiectou ! forty per cen- district in the majority of at voting on the electors voting (1941 F-9.) ing district within the county may levy -a-tax. under this j� section. No other taxing district may levy a tax under this section if another taxing district has levied a tax under this section within its boundaries: provided, That if a taxing district within a county levies this tax, and the voters of the county subsequently approve a levying = of this tax, them the tax levy for emergency medical ser- vices shall cease being levied in the taxing district origi- nally levying it and shall be replaced with the county- wide levy. Whenever a tax is levied county -wide, the service shall, insofar as is feasible, be provided through- out the county: provided further, That no county --wide levy proposal may be placed on the ballot without the approval of the legislative authority of each city exceed- ing fifty thousand population within the county; Pro- '' vided further, That this section and RCW 36.32.480 shall not prohibit any city or town from levying an an- nual excess levy to fund emergency medical services. (5) The tax leyy authorized in this section is in addi- tion to the tax levy authorized in RCW 84.52.043. (6) The limitation in RCW 84.55.010 shall not apply to the first levy imposed pursuant to this section follow- ing the approval of such levy by the voters pursuant to ' subsection (2) of this section. 1979 ex.s. c 200 Sererability-1979 exs. c 200: 'If any provision of this act or its application to any person or circumstance is hold invalid, the remain- der of the act or the application of 1; a provision to other persons or ' circumstances is not affected.' 11979 exs. c 200 � 3.1 K52.070 Certification of levies to -assessor. It shall be the duty of the board of county commissioners of each county, on or before the second Monday in October in each year, to certify to the county assessor of the county the amount of taxes levied upon the property in the county for county purposes, and the respective amounts of taxes levied by the I oard for each taxing district, within or coextensive with the county, for dis- trict purposes, and it shall be the duty of city councils of cities of the first class having_ a population of three hun- dred thousand or more, and of city councils of cities of the fourth class, or towns, and of all officials or boards of taxing districts within or coextensive with the county, authorized by law to levy taxes directly and not through the board of county commissioners, on or before the second Monday in October in each year, to certify to the county assessor of the county the amount of taxes levied upon the property within the city or district for city or district purposes. 11961 c 15 § $4.52.070. Prior: 1925 ex.s. c 130 § 78; RRS § 11239, prior: 1890 p 558 §§ 77, 78; Code 1881 � 2881.1 (1981 Ed.) 1'-17—'J — LLI� Lila Ll1VL, all LaAGJ dbbrbbrU against any property shall be added together and ex- tended on the rolls in a column headed consolidated or total tax. In extending any tax, whenever it amounts to a fractional part of a cent greater than five mills it shall be made one cent, and whenever it amounts to five mills or less tharl five mills it shall be dropped. The amount of all taxes shall be entered in the proper columns, as shown by entering the rate percent necessary to raise the consolidated or total tax and the total _tax assessed against the property. Upon the cos'ppletion of such tax extension, it shall be the duty of the county assessor to make in each assess- ment book, tax roll or list a certificate in the following form: I, ----------- assessor of ------ `---- county, state of Washington, do hereby certify that the foregoing is a correct list of taxes levied on the real and personal prop- erty in the county of _ _ _ _ _ - _ _ _ _ for the year one thou- sand nine hundred and ------------ Witness my hand this _____ day of ---___----, 19__. County Assessor The county assessor shall deliver .said tax rolls to the county treasurer on or before the fifteenth day of December, taking his receipt therefor, and at the same time the county assessor shall provide the county auditor with an abstract of the tax rolls showing the total amount of taxes collectible in each of the taxing dis- tricts. 11965 ex.s. c 7 § 1; 1961 c 15 § 84.52.080. prior: 1925 ex.s. c 130 § 79; RR5 § 11240; prior: 1909 c 230 § 4; 1905 c 128 § 1; 1897 c 71 §§ 64, 65; 1893 c 124 §§ 65, 66; 1890 p 566 §§ 79, 81; Code 1881 §§ 2883, 2884.) $4.52.090 Record of errors —November meeting of board o_f equalization. The county assessor shall make a record of all errors in descriptions, double assessments, or manifest errors in assessment appearing on the as- sessment list at the time of the extension of the rolls, and after duly verifying the same, file said record with the county board of equalization on the third Monday in November next succeeding the annual meeting of the county board of equalization. The county board of equalization shall reconvene on such day for the sole purpose of considering such errors in description, double assessments, or manifest errors appearing on the assess- ment list at the time of the extension of the rolls and shall proceed to correct the same, but said board shall have no authority to change the assessed valuation of the (Title 84 RCW--p 91] T LAWS, 1983 1st Ex. Sess. ict a study to determine the best manage- f waste for the priority waste management 1 of this act, with due consideration in the environmental management and available ie study, the department shall review meth- iriority of section 1(1)(a) of this act, waste study, the department shall prepare new appropriate to promote implementation of ion 1 of this act for management practices ivironmental management techniques and ninary study shall be completed by July 1, ip_ted by July 1, 1987. The solid waste advi- studies and the new or modified rules and legislature by January 1, 1988, regarding itives, disposal bans, etc.) that will be used ngerous and extremely hazardous waste in tere is added to chapter 70.105 RCW a new of sections 1 and 2 of this act, the depart - the priority waste management methods ;stablishing or assisting in the establishment ich, in conjunction with any business or in - study and recommend alternative waste i technical assistance, such as a toll —free :erested in waste management alternatives. ice or assistance may, in accordance with -eatment of information about their manu- ;ere is added to chapter 70.105 RCW a new ted under this chapter shall be deposited in 1 elimination account, which is hereby cre- qoneys in the account collected from fines :xclusively by the department of ecology for to legislative appropriation. Other sources it may also be used for the purposes of this ) There is appropriated to the department aste control and elimination account in the riding June 30, 1985, the sum of one hun- h thereof as may be necessary, for the pur- WASHINGTON LAWS, 1983 1st Ex. Sess. Ch. 71 (2) There is appropriated to the department of ecology from the general fund for the biennium ending June 30, 1985, the sum of fifty thousand dol- lars, or so much thereof as may be necessary, for the purposes of section 2 of this act. Passed the Senate May 24, 1983. Passed the House May 24, 1983. Approved by the Governor June 13, 1983. Filed in Office of Secretary of State June 13, 1983. CHAPTER 71 [Engrossed Substitute House Bill No. 2401 VOTING BY MAIL AN ACT Relating to voting by mail; amending section 6, chapter 109, Laws of 1967 ex.'sess. as amended by section 2, chapter 35, Laws of 1974 ex. sess. and RCW 29.36.120; amending section 7, chapter 109. Laws of 1967 ex. sess. and RCW 29.36.130; amending section 29.45.010, chapter 9, Laws of 1965 as amended by section 1, chapter 101, Laws of 1965 ex. secs. and RCW 29.45.010; adding new sections to chapter 29.36 RCW; repealing section 8, chapter 109, Laws of 1967 ex. secs., section 3, chapter 33, Laws of 1974 ex. sm. and RCW 29.36.140; and prescribing penalties. Be it enacted by the Legislature of the State of Washington: Sec. 1. Section 6, chapter 109, Laws of 1967 ex. sess. as amended by section 2, chapter 35, Laws of 1974 ex. sess. and RCW 29.36.120 are each amended to read as follows: At any primaryor election, general or special, the county auditor(( -,-as election,)) may, (( )) in any precinct having ((less)) Fewer than one hundred registered voters at the time of closing of ((the)) voter registration ((fifes)) as provided in RCW 29.07.160, ((order)) conduct the voting in ((said)) that precinct (( be)) by mail ballot ((only)). For any precinct having fewer than one hung dred registered voters where voting at a primary or a general election is conducted by mail ballot, the county auditor shall not less than fifteen days rior to the date of that primary or general election, mail or deliver to each registered voter within that precinct a notice that the voting in that precinct will be by mail ballot, an application form for a mail ballot, and a postage re aid envelope, preaddressed to the issuing officer_ A mail ballot shall be issued to each voter who returns a properly executed ap2lication to the county auditor no later than the day of that primary or general election. Such application is valid for all subsequent mail ballot elections in that precinct so long as the voter remains qualified to vote. At any nonpartisan special election not being held in conjunction with a state primary or general election, the county, city, town, or district re uest- in the election ursuant to RCW 29.13.010 or 29.13.020 may also request [ 2054 1 11 [ 2055 1 Cb. 71 WASHINGTON LAWS, 1983 1st Ex. Sess. that the election be conducted by mail ballot. The county auditor may hon- or,the rei luest or ma determine that the election is not to be conducted b mail ballot. The decision of the county auditor in this re and is final. In no instance shall any special election be conducted ky mail ballot in any recinct with more than one hundred reiRistered voters if candidates for artisan office are to be voted upon_ (( )} For all special elections not bein held in con unction with a state primal, ar stateizeneral election where votin is conducted b mail ballot the county auditor shall, not less than fifteen days prior to the date of such election, mail or deliver to each registered voter (( ice that voting an envelope, )) a mail ballot and envelo p , preaddressed to the issuing officer. ((,. L + Va ur.,t LUeQ scquc,nt elections held i NEW SECTION. Sec. 2. There is added to chapter 29.36 RCW a new section to read as follows: For any special election conducted by mail, the county auditor shall send a mail ballot with a return identification envelope to each registered voter of the district in which the special election is being conducted not sooner than the twenty—fifth day before the date of the election and not lat- er than the fifteenth day before the date of the election. The envelope in which the ballot is mailed shall be clearly marked "Do Not Forward — Re- turn to Sender — Return Postage Guaranteed." NEW SECTION. Sec. 3. There is added to chapter 29.36 RCW A new section to read as follows: (1) If a county auditor conducts an election by mail, the county auditor shall designate the county auditor's office or a central location in the district in which the election is conducted as the single place to obtain a replace- ment baliot. The county auditor also shall designate one or more places for the deposit of ballots not returned by mail. The places designated under this section shall be open on the date of the election for a period of thirteen hours, beginning at 7:00 a.m. and ending at 8:00 p.m. (2) A registered voter may obtain a replacement ballot as provided in this subsection if the ballot is destroyed, spoiled, lost, or not received by the voter. A registered voter seeking a replacement ballot shall sign a sworn statement that the ballot was destroyed, spoiled, lost, or not received and shalt present the statement to the county auditor no later than the day of 120561 WASHINGTON LAVA the election. Each spoiled ballot must fore a new one is issued. The county a placement ballot provided under this s NEW SECTION. Sec. 4. There iE section to read as follows: Upon receipt of the mail ballot, tl identification envelope supplied with structions provided with the ballot. TI to the county auditor by United State: designated by the county auditor. The identification envelope. If mailed, a than the date of the election. Otherwi� office of the county auditor or the deli 8:00 p.m. on the date of the election. Sec. 5. Section 7, chapter 109, La .130 are each amended to read as folli All ((such—absmitee)) mail ballots shall contain the same offices, names any))) to be voted upon, including pr( voted in person at the polling place. 1 29.36.120 (( )) and such ((absentee)) mail ballots shall , )) and canvas same manner as ((aria)) absentee bal the voter((. PROVIDED, Tha )). Th quest of the county auditor, may dire. ed on the day of the election. If suc secrecy in the presence of at least thr revealed to any unauthorized person u vote tallying devices are used, politica opportunity to be present, and a test c required by RCW 29.34.163 prior t( observers shall be allowed to count b selected by the observers. Any violatic subject to the same penalties as provii NEW SECTION. Sec. 6. There i section to read as follows: (1) A mail ballot shall be count( identification envelope, if the envelor whom the ballot is issued, and if the subsection. The county auditor shall the return identification envelope wit] tion record. If the county auditor ( WASHINGTON LAWS, 1983 1st Ex. Sess. Ch. 71 AWS, 1983 1st Ex. Sess. hon- the election. Each spoiled ballot must be returned to the county auditor be - nail ballot. The count auditor may is not to be conducted by fore a new one is issued. The county auditor shall keep a record of each re- hat the election auditor in this re and is final. in placement ballot provided under this subsection. placement SECTION. Sec. 4. There is added to chapter 29.36 RCW a new election be conducted b mail ballot NEW tl lundred re istered voters if candidates for section to read as follows: Upon receipt of the mail ballot, the voter shall mark it, sign the return �n. �o-ardtr-�-lrc)} Far all s ecial elections not identification envelope supplied with the ballot, and comply with the tn- The may return the marked ballot a state rimar or state eneral election shall, not less structions provided with the ballot. voter to the county auditor by United States mail or to any other place of deposit it ballot, the count auditor or deliver to each designated by the county auditor. The ballot must be returned in the return e of such election, mail identification envelope. If mailed, a ballot must be postmarked not later shah than the date of the election. Otherwise, the ballot must be deposited at the )) a mail ballot and office of the county auditor or the designated place of deposit not later than issuing officer. (( 8:00 p.m. on the date of the election. e Sec. 5. Section 7, chapter 109, Laws of 1967 ex. sess. and RCW 29.36- �� .130 are each amended to read as follows: ballots ((as)) authorized by RCW 29.36.120 All ((�*ec)) mail shall contain the same offices, names of candidates, and propositions Wif =Yr )) to be voted upon, including precinct offices, as if the ballot had been Except as otherwise provided in RCW here is added to chapter 29.36 RCW a new voted in person at the polling place. 29.36.120 (( )) and sections 2 through 4 and 6 of this act, inducted by mail, the county auditor shall to each registered such ((ai�serstce)} mail ballots shall be issued((, ,)) and canvassed((, )) in the identification envelope is being conducted not same a manner as ((terry)} absentee ballots issued pursuant to the request of the special election t the election and not lat- t the voter((. )). The county canvassing board, at the re- J Ly before the date of re the date of the election. The envelope in quest of the county auditor, may direct that ((such)) mail ballots count - If count is made, it must be done in 1 be clearly marked "Do Not Forward — Re- ed on the day of the election. such secrecy in the presence of at least three election officials and the results not ge Guaranteed." There is added to chapter 29.36 RCW A new revled to ized polls have closed. If electronic start a observers shall be afforded the any devices li person until an election by mail, the county auditor votetal in arerused, opportunity to be resent, and a test of the a ui ment must be erformed as t o the of Political iducts itor's office or a central location in the district to obtain areplace- handcount observers shall be allowed tocountb ballots from up totenc recincts count shall be ucted as the single place �or also shall designate one or more places for selected by the observers. Any violation of the secrecy of such sub} penalties asCW 29.54.035. oe vided for tR his rned by mail. The places designated under tNEW of thirteen SECTION.Sec.6 is addedtochapter29. 6 RCW a new date of the election for a period section to read as follows: and ending at 8:00 P.M. ballot asp rovided in 1 A mail ballot shall be counted only if it is returned in the return () ay obtain a replacement received by the identification envelope, if the envelope is signed by the registered voter to destroyed, spo'sled, lost, or not eking a replacement ballot shall sign a sworn and whom the ballot is issued, and if the signature is verified as provided in this The county auditor shall verify the signature of each voter on is destroyed, spoiled, lost, or not received later than the day of subsection. the return identification envelope with the signature on the voter's registra- to the county auditor no tion record. If the county auditor determines that a registered voter to [ 2057 1 [ 2056 ] Ch. 71 WASHINGTON LAWS, 1983 1st Ex. Sess. whom a replacement ballot has been issued has voted more than once, the county auditor shall not count any ballot cast by that voter. The county au- ditor must notify both the county prosecuting attorney and the state attor- ney general of every instance in which a voter has voted more than once. (2) Any mail ballot may be challenged in the same manner as an ab- sentee ballot. Sec. 7. Section 29.45.010, chapter 9, Laws of 1965 as amended by sec- tion 1, chapter 101, Laws of 1965 ex. sess. and RCW 29.45.010 are each amended to read as follows: At least ten days prior to any primary or election, general orspecial, the (( )) county auditor shall appoint .,one inspector and two judges of election for each precinct (or each combi- nation of precincts temporarily consolidated as a single precinct for ((an)) that primaLLor election), other than those precincts designated as vote —by — mail precincts pursuant to RCW 29.36.120, from among the names con- tained on the lists ((t-hcrefor)) furnishedbythe chairman of the county central committee of the political parties entitled to representation thereon. Such precinct election officers, whenever possible, should be residents of the precinct in which they serve((, )). The (( )) county auditor shall designate the inspector and one judge in each precinct from that political party which polled the highest number of votes in the county for its candi- date for president at the last preceding ((Se,maral)) presidential election ((at ,)) and one judge from that political party polling the next highest number of votes in the county for its candidate for president at the same election. This shall be the exclus;ve method for the appointment of inspectors and judges to serve as precinct election officers at any primary or election en- eral or special, and shall supersede the provisions of any and all other stat- utes, whether general or special in nature, having different requirements. NEW SECTION. Sec. 8. There is added to chapter 29.36 RCW a new section to read as follows: The secretary of state shall adopt rules and regulations not inconsistent with the provisions of this chapter to: (1) Ensure that standards and procedures are established to prevent fraud and to facilitate the accurate processing and canvassing of mail ballots; .(2) Ensure that standards and procedures are established to guarantee the secrecy of the ballot; (3) Ensure that uniformity exists among the counties of the state in the conduct of mail ballot elections. [ 2058 1 WASHINGTON LAWS, NEW SECTION. Sec. 9. There is a section to read as follows: A person who wilfully violates any pr class C felony. NEW SECTION. Sec. 10. Section sess., section 3, chapter 35, Laws of 197 each repealed. Passed the House May 24, 1983. Passed the Senate May 23, 1983. Approved by the Governor June 14, Filed in Office of Secretary of State CHAPTE [Second Substitute Sen HIGH TECHNOLOGY EDUCAT AN ACT Relating to high—technology education 223, Laws of 1969 ex. sess. as a new chapte chapter 223, Laws of 1969 ex. sess. and to c chapter 223, Laws of 1969 ex. sess. and to c repealing section 1, chapter 4, Laws of 197 section 2, chapter 4, Laws of 1974 ex. sess. a providing an effective date; and declaring an Be it enacted by the Legislature of the NEW SECTION. Sec. 1. This ac Washington high—technology education NEW SECTION. Sec. 2. The legis''. (1) A coordinated state policy is ne training of individuals in high—technol ductivity, strengthen the state's compet (lining areas; (2) The Washington high—technol( will give persons from all backgrounds education programs leading to baccala tent with present and future needs of h (3) Incentives to stimulate increasa colleges, regional universities, and the industrial, commercial, and labor inter of a pool of skilled high—technology we (4) Investment in education is the ance to the high—technology industry. NEW SECTION. Sec. 3. Unless tl the definitions in this section apply thri (1) "Board" means the high—techm [205 AFFIDAVIT OF PUBLICATION STATE OF WASHINGTON, COUNTY OF WHATCOM being first sworn on oath, deposes and says that she is the principal clerk of THE WESTSIDE RECORD -JOURNAL, a weekly newspaper. That said newspaper is a legal newspaper and has been approved as a legal newspaper by order of the superior court in the county in which it is published and it is now and has been for more than six months prior to the date of the publications hereinafter referred to, published in the English language continually as a weekly newspaper in Whatcom County, Washington, and it is now and during all of said time was printed in an office maintained at the aforesaid place of publication of said newspaper. NOTiCE OF THE �(............. CLOSING OF THE as it was published in regular issues (and not in supplement form) REGISTRATION BOOKS The Registration Books in all the precincts of Paint Roberts of said newspaper once each week for a period of_.___�- Park and Recreation District No. consecutive weeks; commencing on the 1, Whatcom county, Washington will be closed to original Yam, registrations and transfers day of r `......••. 19. �� and ending on the between precincts after Saturday, Y/ October 15, 1983, until after the ._- day of _. .......... 19.rrff, both dates inclu- Special Election on Tuesday, sive, and that such newspaper was regularly distributed to its sub - November 15, 1983, scribers during all of said period. That the full amount of the fee Joan Ogden, Whalcom county Auditor and Ex-o€fido St)Pervi"r, charged for the foregoing publication is the sum of $ ..9!.�_� .... . of Elertions Pubf shed October 5, 1983 (WC which amount has been paid in full, at the rate of $... ..�... �.... . sa) per column inch for the first insertion and $ ........................ . per column inch for each subsequent insertion. Subscribed and sworn to ,:befpro ri . t this .............-._... _...... day of ...- tom£, C �- ...........• ........ Notary a l,Pv bl•ca'm 8nd for the5tat Washington, residing at Fern