Washington Recount Laws

This information was initially released on October 21, 2010.

Voting System Used: 

Mixed paper ballot and DREs with VVPAT For more details, visit Verified Voting.

 

Counting Method: 

Mix of recount and retabulation Counting method chosen by initiator The Revised Code of Washington chapter on recounts specifies that it “applies to the recounting of votes cast by paper ballots and to the recounting of votes recorded on ballots counted by a vote tally system.” As Washington encourages voting by mail, most votes are included in such recounts. However, most counties use direct-recording electronic machines (DREs) for accessible voting. Votes cast on DREs are hence not included in recounts or retabulations. See the Revised Code of Washington, Title 29A, “Elections,” Section 29A.64.011, “Application — Requirements — Application of chapter”: http://apps.leg.wa.gov/RCW/default.aspx?cite=29A.64.011. For recounts initiated by a close vote margin, if the vote margin is small enough, a hand recount is required. (See “Close Vote Margin” below for details.) However, the apparent winning candidate and the next leading candidate may jointly choose to request a retabulation. See Section 29A.64.021, “Mandatory,” Subsection (3): http://apps.leg.wa.gov/RCW/default.aspx?cite=29A.64.021. For candidate-initiated recounts, the applicant specifies whether they are requesting a hand recount or a retabulation. See Section 29A.64.011.

Initiating Mechanism: 

Close vote margin Candidate-initiated Voter-initiated Election official-initiated Note: In Washington, the term “recanvass” is used for recounts that take place before the certification of election results, whereas a “recount” takes place after certification. Recounts after certification may be initiated by candidates, voters, or a close vote margin, while recanvasses may only be initiated by election officials. Election Official-Initiated Recounts: Washington statutes allow for a recanvass before the certification of election results, to be conducted at the discretion of election officials if any apparent discrepancy, inconsistency, or error arises. See Section 29A.60.210, “Recanvass — Generally”:  http://apps.leg.wa.gov/RCW/default.aspx?cite=29A.60.210. Timing: The recanvass must take place before the certification of the election results.

Close Vote Margin: 

Less than or equal to .5% Vote count difference (not percentage based) The close vote margin leading to mandatory recount in Washington has two components. For all offices, in both general and primary elections, a recount is required if the margin is both less than 2,000 votes and also less than 0.5%. The second component determines the counting method used for the recount. For statewide offices, if the difference between the votes cast for the apparent winner and the next leading candidate is both less than 1,000 votes and also less than .25% of the total votes cast, the recount must be conducted by hand. For all other offices, a hand recount is required if the difference is both less than 150 votes and also less than .25%. If the vote margin is larger, the votes are to be retabulated. See Section 29A.64.021, “Mandatory”: http://apps.leg.wa.gov/RCW/default.aspx?cite=29A.64.021. To initiate a recount for a statewide measure, the close vote margin must be both less than 2,000 votes and less than .5% of the total number cast for the measure. See 29A.64.090, “Statewide measures — When mandatory — Cost at state expense”: http://apps.leg.wa.gov/rcw/default.aspx?cite=29A.64.090. Timing: The Secretary of State must order such recounts within three days of the certification of election results. See 29A.64.021, Subsection (1)(a).

Candidate-Initiated Options: 

Candidate determines how many/which precincts to recount Party official may petition for candidate The Washington law allows initiators to file for “a recount of the votes or a portion of the votes” cast for their respective office in either a primary or a regular election. Any candidate or an officer of a political party for whom votes were cast may file for a recount. See Section 29A.64.011. However, if the partial recount initiated by a candidate changes the outcome of the election, a complete recount of all the votes must be held. See Section 29A.64.050: http://apps.leg.wa.gov/RCW/default.aspx?cite=29A.64.050. Timing: If the recount is for an office in which the candidate filed a declaration of candidacy with the Secretary of State, the recount request must be made within three days after the official election results are declared. If the election contest is statewide or multi-jurisdictional, the Secretary of State may direct the counties to conclude the recount on a specific date. See Section 29A.64.011 and Section 29A.654.061, “Amended Abstracts”: http://apps.leg.wa.gov/RCW/default.aspx?cite=29A.64.061.

Voter-Initiated Options: 

Voters determine how many/which precincts to recount Voters may request recounts for initiatives/questions Any group of five voters may file for a recount for all votes or a portion of the votes for a question or issue. The law does not specify that they must be eligible to vote on that issue, though it does state that voters must include their address of residency on the recount application. See Section 29A.64.011. Timing: Recount requests must be filed within three days after the official election results are declared. See Section 29A.64.011.

Cost for Candidate-Initiated Recounts: 

Initiator pays set or per jurisdiction fee Initiator pays deposit or bond before recount begins The initiator is liable for the entire cost of the recount, although the deposit amount varies depending on the counting method used, which is chosen by the initiator. The deposit is 25 cents per ballot cast for hand recounts or 15 cents per ballot cast for retabulations. See Section 29A.64.030, “Deposit of fees — Notice — Public proceeding”: http://apps.leg.wa.gov/RCW/default.aspx?cite=29A.64.030.

Cost for Voter-Initiated Recounts: 

Initiator pays set or per jurisdiction fee Initiator pays deposit or bond before recount begins The initiator is liable for the entire cost of the recount, although the deposit amount varies depending on the counting method used, which is chosen by the initiator. The deposit is 25 cents per ballot cast for hand recounts or 15 cents per ballot cast for retabulations. See Section 29A.64.030.

Challengers and Observers: 

Statutes specify that recount must be public Party/candidate or initiator has statutory authority to appoint observers No statutory guidance for recount challengers Section 29A.64.030 states that the proceedings of the canvassing board during a recount are public, and that “all interested persons may attend and witness a recount.” Recount initiators may appoint observers as provided for in Section 29A.64.041, “Procedure — Observers — Request to stop”: http://apps.leg.wa.gov/RCW/default.aspx?cite=29A.64.041. Additionally, the Washington Administrative Code allows for observers to be appointed by “the two major political parties.” See Section 434-264-040, “Observers — Designated”: http://apps.leg.wa.gov/wac/default.aspx?cite=434-264-040. The Secretary of State or County Auditor may limit the number of observers to not less than two on each side if, in his or her opinion, a greater number would cause undue delay or disruption of the recount process. See Section 29A.64.041.

Rules for Determining Voter Intent: 

Statutory guidance provided Some basic guidance on voter intent is provided in Section 29A.60.040, “Rejection of ballots or parts — Write-in votes”: http://apps.leg.wa.gov/RCW/default.aspx?cite=29A.60.040. Further details are provided in the Administrative Code, Section 434-261-086: http://apps.leg.wa.gov/WAC/default.aspx?cite=434-261-086.

Audit Laws: 

State has audit laws See: http://www.ceimn.org/state-audit-legislation-reference-guide/washington.

Additional Resources: 
Revised Code of Washington - Title 29A - Elections
Washington Secretary of State
Washington Audit Info from CEI