Wash. Rev. Code § 29A.04.008
Ballot and related terms
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As used in this title:
(1) "Ballot" means, as the context implies, either:
(a) The issues and offices to be voted upon in a jurisdiction or portion of a jurisdiction at a particular primary, general election, or special election;
(b) A facsimile of the contents of a particular ballot whether printed on a paper ballot or ballot card or as part of a voting machine or voting device;
(c) A physical or electronic record of the choices of an individual voter in a particular primary, general election, or special election; or
(d) The physical document on which the voter's choices are to be recorded;
(2) "Paper ballot" means a piece of paper on which the ballot for a particular election or primary has been printed, on which a voter may record his or her choices for any candidate or for or against any measure, and that is to be tabulated manually;
(3) "Ballot card" means any type of card or piece of paper of any size on which a voter may record his or her choices for any candidate and for or against any measure and that is to be tabulated on a vote tallying system;
(4) "Sample ballot" means a printed facsimile of all the issues and offices on the ballot in a jurisdiction and is intended to give voters notice of the issues, offices, and candidates that are to be voted on at a particular primary, general election, or special election;
(5) "Provisional ballot" means a ballot issued to a voter who would otherwise be denied an opportunity to vote a regular ballot, for any reason authorized by the Help America Vote Act, including but not limited to the following:
(a) The voter's name does not appear in the list of registered voters for the county;
(b) There is an indication in the voter registration system that the voter has already voted in that primary, special election, or general election, but the voter wishes to vote again;
(c) There is a question on the part of the voter concerning the issues or candidates on which the voter is qualified to vote;
(d) Any other reason allowed by law.
Notes:
Notice to registered poll voters—Elections by mail—2011 c 10: "The county auditor of any county that maintained poll sites as of July 22, 2011, shall notify by mail each registered poll voter that all future primaries, special elections, and general elections will be conducted by mail." [ 2011 c 10 s 85.]
Notes of Decisions
Cited in 8
cases (2 in the last 5 years), 2004–2023 · leading case: White v. Skagit County
White v. Skagit County (2015)
“RCW 29A.04.008. White’s preferred definition — “The physical document on which the voter’s choices are to be recorded” — is only one of the four definitions.”
White v. Clark County (2015)
“However, RCW 29A.04.008(l)(c) provides that as used in Title 29A RCW, “ballot” includes a “physical or electronic record of the choices of an individual voter.”
Timothy White v. Clark County (2017)
“” Electronic images of ballots constitute “ballots” under RCW 29A.04.008(1)(c). White I, 188 Wn. App.”
McDonald v. Secretary of State (2004)
“041, and starts with the county canvassing board opening "the sealed containers containing the ballots to be recounted.”
McDonald v. Reed (2004)
“041, and starts with the county canvassing board opening “the sealed containers containing the ballots to be recounted.”
Washington Election Integrity Coalition United v. Chandra Schumacher (2023)
“110,” CP at 9, for which the county had cited White III,9 WAC 434-261-045, WAC 434-250-110, RCW 29A.04.008, White II,10 White I,11 article VI, section 6 of the Washington State Constitution, and RCW 29A.”
Paul Brain, V. Canterwood Homeowners Association (2023)
“Brain asks us to rely on a definition of “ballot” in RCW 29A.04.008, which relates to government elections for public office, for example, to conclude that multiple voters were prohibited from using a single ballot.”
Timothy White v. Skagit County Island County (2015)
“Pursuant to RCW 29A.04.008, this applies to copies of ballots in any format, including copies of digital ballot images or e-mailed ballots.”
— Wash. Rev. Code § 29A.04.008(1) — 1 case
Timothy White v. Skagit County Island County (2015)
“Pursuant to RCW 29A.04.008, this applies to copies of ballots in any format, including copies of digital ballot images or e-mailed ballots.”
— Wash. Rev. Code § 29A.04.008(1)(c) — 5 cases
Timothy White v. Clark County (2017)
“” Electronic images of ballots constitute “ballots” under RCW 29A.04.008(1)(c). White I, 188 Wn. App.”
McDonald v. Secretary of State (2004)
“041, and starts with the county canvassing board opening "the sealed containers containing the ballots to be recounted.”
McDonald v. Reed (2004)
“041, and starts with the county canvassing board opening “the sealed containers containing the ballots to be recounted.”
Washington Election Integrity Coalition United v. Chandra Schumacher (2023)
“110,” CP at 9, for which the county had cited White III,9 WAC 434-261-045, WAC 434-250-110, RCW 29A.04.008, White II,10 White I,11 article VI, section 6 of the Washington State Constitution, and RCW 29A.”
Paul Brain, V. Canterwood Homeowners Association (2023)
“Brain asks us to rely on a definition of “ballot” in RCW 29A.04.008, which relates to government elections for public office, for example, to conclude that multiple voters were prohibited from using a single ballot.”
— Wash. Rev. Code § 29A.04.008(1)(d) — 1 case
Timothy White v. Skagit County Island County (2015)
“Pursuant to RCW 29A.04.008, this applies to copies of ballots in any format, including copies of digital ballot images or e-mailed ballots.”
— Wash. Rev. Code § 29A.04.008(l)(c) — 1 case
White v. Clark County (2015)
“However, RCW 29A.04.008(l)(c) provides that as used in Title 29A RCW, “ballot” includes a “physical or electronic record of the choices of an individual voter.”
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