POLICY HIGHLIGHTER

Volume 15, Number 2
January 13, 2005

Secretary of State improperly certified election

By law, the Secretary of State (SOS) can only certify the results of a statewide election when that office receives a certified copy from each county of its abstract of votes containing specific information and an attached county seal for verification. Based on information provided by SOS in response to a public records request filed by the Evergreen Freedom Foundation (EFF), 24 of our 39 counties failed to provide all the required information for certification. Twenty-one didn't attach the county seal verifying accuracy of certification and three counties didn't even provide a sworn affidavit. Nonetheless, the Secretary of State certified the results of the manual recount.

Consider the following Secretary of State Washington Administrative Code (WAC) requirements (bolding is ours):

WAC 434-262-070: "Upon completion of the verification of the auditor's abstract of votes and the documentation of any corrective action taken, the county canvassing board shall sign a certification that the abstract is a full, true, and correct representation of the votes cast for the issues and offices listed thereon. The certification shall also state the total number of registered voters and votes cast in the county. The certification shall contain the oath required by RCW 29A.60.200, signed by the county auditor and attested to by the chairman of the board of the county legislative authority, and shall have a space where the official seal of the county shall be attached...."

WAC 434-262-080: "No later than the next business day following the certification . . . the county auditor shall send a certified copy of that part of the auditor's abstract of votes covering those issues and offices to the secretary of state. This copy must . . . have a certificate identical to that accompanying the official county canvass report, bearing the county seal and original signatures of the officers required to sign that document attached or affixed thereto. A copy of the written narrative documenting errors and discrepancies discovered and corrective action taken shall accompany the abstract if applicable...."

WAC 434-262-090: "... No county's certified copy of the abstract of votes shall be considered as complete for acceptance by the secretary of state until all of the material required by statute and regulation has been received by the secretary of state...."

WAC 434-262-100: "Upon receipt of a complete certified copy of the auditor's abstract of votes from a county auditor, the secretary of state shall proceed to include the results from that abstract in the official canvass of the primary, special, or general election prepared by that office...."

On January 5, EFF requested a copy of each county's certified abstract of the recount in accordance with WAC 434-262-080. The documents provided in response were received January 11. The information was available on January 7, but EFF staff were informed that an attorney had to review it first. This legal review apparently occurred around 3 p.m. on January 11, after the legislature had certified the gubernatorial election.

Not provided, however, was the "written narrative documenting errors and discrepancies discovered and corrective action taken." The Secretary of State says no written narratives have been provided by the counties which means one of two things: 1) counties are in violation of WAC 434-262-080, or 2) no "errors and discrepancies" or "corrective action" occurred.

Among the records that were provided:

1. Clark County - No sworn affidavit was provided. The county also did not provide the total number of active registered voters in all precincts; total of inactive; total number of all registered voters and the total votes cast.

2. Garfield County - No sworn affidavit was provided. The county also did not provide the total number of active registered voters in all precincts; total of inactive; total number of all registered voters and the total votes cast.

3. King County - No sworn affidavit was provided. The county also did not provide the total number of active registered voters in all precincts; total of inactive; total number of all registered voters and the total votes cast.

The following counties' vote abstracts failed to include the county seal as required by WAC 434-262-070 and 080: Adams, Asotin, Benton, Chelan, Columbia, Douglas, Grant, Grays Harbor, Island, Kittitas, Klickitat, Lewis, Mason, Okanogan, Pacific, Pend Oreille, Skagit, Snohomish, Wahkiakum, Walla Walla and Whitman.

In certifying the manual recount despite these violations, the Secretary of State was not in compliance with state law. Though the legislature has now certified the election, hearings should be held to determine the causes for these election violations. Those responsible must be held accountable, and corrective action must be taken immediately.

Note: EFF will be releasing a detailed election analysis in the near future identifying additional violations of state and federal election law. For more details, please visit EFF's Voter Integrity Project.

Prepared by: Bob Williams | President and Senior Research Analyst | 360.956.3482

Evergreen Freedom Foundation P.O. Box 552, Olympia, WA 98507 Phone: (360) 956-3482, Fax: (360) 352-1874 Email: effwa@effwa.org