1. (1) Any observer or the election officer may challenge, for good cause, the eligibility of any person seeking to cast a ballot in a mail ballot, on-site, or electronic election. No person may be denied the right to cast a challenged ballot, and the ballot of the challenged voter must be placed in a sealed envelope identifying the voter and the observer or election officer challenging the eligibility of the voter.
2. (2) Any party may withdraw a challenge previously made and, unless the eligibility of the voter is challenged by another party or the election officer, the challenge is resolved.
3. (3) If the challenged ballots do not affect the results of the election, they will be impounded and the appropriate certification or interim certification will be issued.
4. (4) If the number of challenged ballots would affect the results of the election, the executive director or the executive director's designee shall conduct proceedings under WAC 391-25-390 and rule on all challenges except those made by a party to preserve an objection to a ruling previously made by the executive director or the executive director's designee as to the eligibility of the challenged voter.

[Statutory Authority: RCW 28B.52.080, 41.56.090, 41.58.050, 41.59.110, 41.76.060, 41.80.080, 47.64.135, and 49.39.060. WSR 22-23-101, § 391-25-510, filed 11/16/22, effective 1/1/23. Statutory Authority: RCW 28B.52.080, 41.56.090, 41.59.110, 41.58.050, 28B.52.030, 41.56.060 and 41.59.070. WSR 01-14-009, § 391-25-510, filed 6/22/01, effective 8/1/01; WSR 96-07-105, § 391-25-510, filed 3/20/96, effective 4/20/96. Statutory Authority: RCW 41.58.050, 28B.52.080, 41.56.090, 41.59.110 and 41.56.040. WSR 90-06-072, § 391-25-510, filed 3/7/90, effective 4/7/90. Statutory Authority: RCW 28B.52.080, 41.56.040, 41.58.050, 41.59.110 and 47.64.040. WSR 80-14-046 (Order 80-5), § 391-25-510, filed 9/30/80, effective 11/1/80.]