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Election Law @ Moritz Home Page

Election Law @ Moritz

Election Law @ Moritz

2008 Key Questions for Key States


Election day challenges

Successfully challenged voter must cast a provisional ballot

A person's right to vote may be challenged by another registered voter, the county prosecuting attorney, or a poll worker. RCW 29A.08.810. The challenger must make a signed affidavit subject to the penalties of perjury swearing that, to his or her personal knowledge and belief, the challenged voter either is not qualified to vote or does not reside at the address given on his or her voter registration record. Challengers must exercise due diligence in an attempt to verify that a voter does not reside where his or her registration record claims. Challenged ballots cast at a polling place must be placed in a sealed envelope separate from other voted ballots. RCW 29A.08.820(2)(b). The procedure for challenged ballots is the same for voters challenged before and on election day. 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 to count or cancel the ballot is made by the county auditor or canvassing board and is final subject only to judicial review by the superior court under RCW 34.05.

Information for Washington

Special Features

Institutional Arrangements

Voter Registration


Provisional Ballots

Early and Absentee Voting

Voting Technology

Polling Place Operations

Ballot Security

Emergency Preparedness

Post-Election Processes