Wash. Court of Appeals published opinion — 720287.pdf

ballots before tabulation occurs. Such public access to the process, he argues,

would ensure that the process of judging questionable or ambiguous ballots is

not corrupted by tampering or distorted by incompetence.

The amicus brief of the Secretary of State succinctly describes the many

provisions that already exist for citizen oversight of elections:

The political parties and other organizations can designate official
observers whom the county auditors must allow to observe the
county's centralized counting center where ballots are processed.
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. RCW29A.12.130. Once ballot processing begins,
counting centers must be open to the public. RCW 29A.60.170;
WAC 434-261-010. Anyone can watch, but only employees and
those specifically authorized by the county auditor can touch any
ballot, ballot container, or vote tallying system. WAC 434-261-010.
Political party observers can call for a random check of ballot
counting equipment. RCW 29A.60.170(3). Observers may also
attend any recount, though they cannot handle ballots or record
information about voters or votes. RCW 29A.64.041.
When election officials question the validity of a challenged
or provisional ballot, or when the intent of the voter cannot be

8
             
No. 72028-7-1/9