Election: Fall, 2008
Challenges decided by local election official
A person's right to vote may be challenged before an election by another registered voter or the county prosecuting attorney. RCW 29A.08.810. Pre-election challenges must be brought at the county auditor's office no later than 45 days before an election. The county auditor presides over hearings for these types of challenges. However, voters who register or change their address without updating their registration less than 60 days before an election may be challenged until 10 days before an election or within 10 days of the voter being added to the voter registration database, whichever is later. The county canvassing board presides over hearings for challenges brought during this timeframe. RCW 29A.08.820. The format for voter challenge forms is specified in WA ADC 434-324-115. The county auditor must notify challenged voters of the time and place for a hearing by certified mail. The notice must include a copy of the challenging affidavit that was filed. The challenger and challenged voter may either appear in person or submit testimony by affidavit. The challenger has the burden to prove by clear and convincing evidence that the challenged voter's registration is improper. RCW 29A.08.840. The decision of the county auditor or canvassing board is final subject only to judicial review by the superior court under RCW 34.05.