Revised Code of Washington

Wash. Rev. Code § 29A.40.100 (2026)

Observers

✓ current as of May 2026

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County auditors must request that observers be appointed by the major political parties to be present during the processing of ballots at the counting center. County auditors have discretion to also request that observers be appointed by any campaigns or organizations. The absence of the observers will not prevent the processing of ballots if the county auditor has requested their presence. Observers may not touch any ballots, ballot materials, or election systems. Unauthorized physical contact, or access to ballots or election systems[,] is a crime subject to punishment under chapter 29A.84 RCW.

[ 2024 c 28 s 3; 2011 c 10 s 40; 2003 c 111 s 1010. Prior: 2001 c 241 s 9. Formerly RCW 29.36.300.]

Notes:

Notice to registered poll voters—Elections by mail—2011 c 10: See note following RCW 29A.04.008.

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 2015–2024 · leading case: White v. Skagit Cnty., 355 P.3d 1178 (Wash. Ct. App. 2015).

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White v. Skagit Cnty., 355 P.3d 1178 (Wash. Ct. App. 2015). “RCW 29A.40.100; RCW 29A.60.170. Before an election, observers and the public must be permitted to observe testing of vote tallying systems.”

In re Recall of Weyrich, 554 P.3d 1202 (Wash. 2024). · cites it 3× “040, RCW 29A.40.100 and WAC 434- 261-020. RCW 42.”

Timothy White v. Skagit Cnty. Island Cnty. (Wash. Ct. App. 2015). “RCW 29A.40.100; RCW 29A.60.170. Before an election, observers and the public must be permitted to observe testing of vote tallying systems.”

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