Elections Rulemaking

Recent Rulemaking

Following the public hearing, final WAC changes are submitted by filing a CR-103 form with the Office of the Code Reviser for adoption. At least 31 days after they have been adopted, the WACs become effective.

The following WAC amendment was adopted December 6, 2024 and will be effective January 6, 2025: 

• WSR 25-01-018 
  • OTS-4415.6 - WAC 434-230-015: Ballots and instructions.
• Amendments to this section: 
  • Update the ballot declaration.
  • Remove outdated language requiring the amount of postage to return the ballot be listed on the envelope.
  • Update language referring to candidates on the ballot to be gender neutral.
  • Allow county auditors to use the previous ballot declaration language through May 2025.
• Associated CR-102 filed on October 21, 2024 available here. Associated CR-101 filed on January 3, 2024 available here.

Previous Rulemaking

The following WAC amendments were adopted July 25, 2024 and effective August 25:

WSR 24-16-019

• OTS-5434.1 - WAC 434-232-040: Information pertaining to primary-only voters, when disclosable.
• OTS-5435.1 - WAC 434-250-120: Verification of the signature and return date.
• OTS-5442.2 - WAC 434-324-005: Definitions.
• OTS-5443.1 - WAC 434-324-104: Automatic voter registration acknowledgment notice packages.
• OTS-5448.1 - WAC 434-324-026: Voter registration form.

Amendments to this chapter: 

• Update definitions pertaining to voter registration.
• Create procedures for automatic voter registration acknowledgment notice packages.
• Prescribe a new voter registration form. 
• Correct a citation reference. 
• Clarify the length of time before an election a primary-only voter or future voter's registration information become publicly available.

Associated CR-102 filed on May 21, 2024 available here. Associated CR-101 filed on September 21, 2023 available here.

Hearing minutes

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The following WAC amendments were adopted June 5, 2024 and effective July 6: 

WSR 24-12-087

• OTS-5396.1 - WAC 434-208-060: Electronic filings.
• OTS-5398.2 - WAC 434-261-051: Standards for verifying ballot declaration signatures.
• OTS-5398.2 - WAC 434-261-052: Initial and secondary review of ballot declaration signatures.
• OTS-5398.2 - WAC 434-261-053: Ballot declaration signature cure process.
• OTS-5397.2 - WAC 434-262-031: Rejection of ballots or parts of ballots.

These rules update the process and standards for verifying ballot declaration signatures in a manner that reduces and ensures consistency in counties throughout the state. The rules changes are expected to result in fewer mistaken rejections of valid ballots.

Amendments to this chapter:

• Expand and enumerate the requirements to verify a provided signature on a ballot declaration matches the signature provided on a voter registration record.
• Clarify the process if a County Auditor receives a ballot envelope signed with a different name from what is on the voter registration record.
• Require the County Auditor to contact voters via four methods in cases of ballot signature mismatches and updates the timeline for phone calls to voters who have not returned a signature cure letter.
• Require the County Auditor to contact voters via four methods in cases of a ballot declaration signature not matching the signature on the voter registration record for two elections in a row.
• Amend for the purpose of administrative updates.

Associated CR-102 filed on May 1, 2024 available here. Associated CR-101 filed on July 31, 2023 available here.     

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  The following WAC amendments were adopted March 8, 2024 and effective May 4: 

• WSR 24-07-018
• OTS-4827.4 - WAC 434-261-051 (New section): Standards for verifying ballot declaration signatures. 
• OTS-4827.4 - WAC 434-261-052 (New section): Initial and secondary review of ballot declaration signatures.
• OTS-4827.4 - WAC 434-261-053 (New section): Ballot declaration signature cure process. 
• OTS-4841.2 - WAC 434-262-032: Provisional ballots - Disposition. 
• OTS-4842.3 - WAC 434-250-120: Verification of the signature and return date. 
• OTS-4843.3 - WAC 434-262-031: Rejection of ballots or parts of ballots. 
• OTS-4844.1 - WAC 434-324-111: Voluntary cancellation of voter registration. 
• OTS-4845.1 - WAC 434-264-010: Recount. 
• OTS-4846.1 - WAC 434-261-050 (Repeal): Unsigned ballot declaration or mismatched signatures.

These rules expand and enumerate the requirements to verify a provided signature on a ballot declaration matches the signature provided on a voter registration record and update the signature cure process.

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The following WAC amendments were adopted February 7, 2024 and effective March 9:

• WSR 24-04-097
• OTS-4871.5 - WAC 434-379-005: Filing of an initiative or referendum - Fee - Required documents. 
• OTS-4888.4 - WAC 434-379-0071 (New Section): Maintenance of initiative and referendum series and assignment of serial numbers. 

These rules institute random assignment of initiative numbers and update the filing fee. The filing fee has been unchanged since 1913 and will be updated using the rate of inflation. Changing the number assignment system will clarify the difference between the two types of initiatives, year of filing, and employ a randomly assigned number.

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The following WAC amendments were adopted January 10, 2024 and effective February 10: 

• WSR 24-03-053
• OTS-4856.2 - WAC 434-208-060: Electronic filings.
• OTS-4855.4 - WAC 434-215-040: Filing notification.
• OTS-4849.1 - WAC 434-215-065: Withdrawal of candidacy.
• OTS-4850.1 - WAC 434-230-025: Order of offices.
• OTS-4851.3 - WAC 434-232-040: Information pertaining to primary-only voters, when disclosable.
• OTS-4847.1 - WAC 434-261-005: Definitions.
• OTS-4857.1 - WAC 434-324-090: Cancellation due to death - Process. 
• OTS-4854.2 - WAC 434-381-120: Deadlines. 

These rules update election administration processes in accordance with legislative amendments and ensure consistency in operations in all county elections offices.

WAC Terms and Definitions

Adoption Date	The date a state agency formally accepts changes to its rules as proposed under a CR-102. The rule change becomes effective at least 31 days after its adoption (except in the case of an emergency rule).
Amendment	A change to an existing rule.
Closing Date/Closing Date Calendars	The calendars produced by the Washington State Register that tell state agencies when to file their proposed rules for publication to be compliant with state law.
Concise Explanatory Statement (CEP)	A state agency’s explanation for adopting a rule and summary of public comments and how the agency considered them.
Continuance	The postponement of a WAC’s adoption following a public hearing. The continuance must be filed with the Office of the Code Reviser.
Disposition	A repealed section of WAC, showing the statutory authority that led to the creation of the rule and Washington State Register file the repeal was filed in.
Effective Date	The date the rule’s standards begin and compliance with the new standard is required.
Emergency Rulemaking (CR-103E)	A rule goes into effect immediately and lasts for up to 120 days. OSOS may refile the emergency rule while working toward permanent adoption through the regular rulemaking process.
Expedited Rulemaking (CR-105)	In a limited set of circumstances, OSOS is permitted to file rules under an expedited process, eliminating some of the regular rulemaking process’ requirements.
Joint Administrative Rules Review Committee (JARRC)	A legislative committee that reviews proposed rules to ensure compliance with RCW and the Legislature’s intent.
Negotiated Rulemaking	OSOS will work with the county elections offices and other affected parties with the goal of reaching consensus on the proposed rule.
Preproposal Statement of Inquiry (CR-101)	The beginning of the regular rulemaking process. This notifies affected parties and the public that OSOS is considering making rule changes and provides the methods for the public to participate.
Proposed Rulemaking (CR-102)	The second stage of the regular rulemaking process. This provides the proposed WAC text and provides the methods for the public to submit testimony for consideration.
Public Hearing	The stage between a CR-102 and CR-103P in the regular rulemaking process. This is an opportunity for the public to provide additional testimony for or against a proposed rule.
Repeal	Removes a section from the Washington Administrative Code (WAC).
Revised Code of Washington (RCW)	The laws of Washington State passed as bills by the Washington State Legislature and signed into law by the Governor.
Rule Drafting Service (RDS) (Previously known as the Order Typing Service (OTS))	A service available to state agencies that assists in preparing proposed rules in bill drafting format.
Rulemaking	The process a state agency uses to develop, adopt, or repeal a WAC.
Rulemaking Authority	The authorization or requirement in state law for an agency to maintain WAC on specific topics.
Rulemaking Order (CR-103P)	The final stage of the regular rulemaking process. At least 31 days after filing the Rulemaking Order, the attached WAC amendment will be effective.
Washington Administrative Code (WAC)	Adopted by state agencies to create procedures to implement legal requirements as authorized by state law through the official rulemaking process in accordance with the Washington Administrative Procedure Act (RCW 34.05).
Washington State Register (WSR)	A biweekly publication where documents related to state agency rule filings are published.
Withdrawal	The removal of a proposed rule from becoming adopted.