(1) Upon completion of the verification of the auditor's abstract of votes and the documentation of any corrective action taken, the county canvassing board shall sign a certification that:
- (a) States the abstract is a full, true, and correct representation of the votes cast for the offices and measures listed thereon;
- (b) Provides the total number of registered voters and votes cast in the county;
- (c) Contains the oath required by RCW 29A.60.200, signed by the county auditor and attested to by the chair of the county legislative authority or designee who administered the oath; and
- (d) Shall have a space where the official seal of the county shall be attached.
(2) The official county canvass report shall include:
- (a) The certification;
- (b) The auditor's abstract of votes as described in WAC 434-262-030. This report may not be subsequently amended or altered, except in the event a recount conducted pursuant to chapter 29A.64 RCW, or upon court order. The vote totals therein shall constitute the official returns of that primary or election; and
- (c) If applicable, a written narrative of errors and discrepancies discovered and corrected.
- (3) The certification shall be signed by all members of the county canvassing board or their designees.
- (4) In the event that a member or members of the county canvassing board or their designees refuse to sign the official certification of the results of a primary or election without cause, the board member(s) must provide a written narrative with examples. The written narrative must explain why one or more members refused to certify the results of the primary or election and may also include a statement or statements from board members who would certify the results.
- (5) The official county canvass report, or in lieu of the report, written narrative as to why the primary or election has not been certified, must be submitted for every primary and election to the office of the secretary of state immediately after the primary or election was certified, as per RCW 29A.60.190 and 29A.60.230.
(6) Failure to certify the returns, if they can be ascertained with reasonable certainty, may be considered a violation of RCW 29A.84.720. For purposes of RCW 29A.60.200, a refusal to certify the results of a primary or election is "without cause" if the office of the secretary of state determines the reason(s) provided in the written narrative:
- (a) Are not supported by the credible testimony of knowledgeable witnesses, provided under penalty of perjury;
- (b) Challenge the legality of any votes without reasonable evidence of illegality; or
- (c) Are based on an allegation of technical errors for which there is no meaningful evidence.
- (7) The county auditor must prepare a reconciliation report for every primary and election as required by RCW 29A.60.235 and state rule, and submit the complete report as directed by the office of the secretary of state. The office of the secretary of state shall review the reconciliation report for each county auditor and work with the county auditor to resolve discrepancies. If a discrepancy is resolved, the county auditor shall submit a correct reconciliation report to the office of the secretary of state seven days following the certification of the election. The corrected report then becomes the official reconciliation report for that election. The county auditor shall post the corrected report on the county auditor website.
[Statutory Authority: RCW 29A.04.611. WSR 26-12-030, s 434-262-070, filed 5/27/26, effective 6/27/26; WSR 21-21-001, § 434-262-070, filed 10/6/21, effective 11/6/21; WSR 20-14-035, § 434-262-070, filed 6/24/20, effective 7/25/20. Statutory Authority: RCW 29A.04.611 and 29A.04.620. WSR 16-13-063, § 434-262-070, filed 6/13/16, effective 7/14/16. Statutory Authority: RCW 29A.04.611. WSR 14-06-040, § 434-262-070, filed 2/26/14, effective 3/29/14; WSR 12-14-074, § 434-262-070, filed 7/2/12, effective 8/2/12. Statutory Authority: RCW 29A.04.611, 29A.04.620, and 29A.04.630. WSR 11-24-064, § 434-262-070, filed 12/6/11, effective 1/6/12. Statutory Authority: RCW 29A.04.610. WSR 04-15-089, § 434-262-070, filed 7/16/04, effective 8/16/04. Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. WSR 97-21-045, recodified as § 434-262-070, filed 10/13/97, effective 11/13/97. Statutory Authority: RCW 29.04.080. WSR 80-15-008 (Order 80-3), § 434-62-070, filed 10/3/80.]