Elections Rulemaking

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  3. Elections Rulemaking

Active Possible Rulemaking  

This first stage of the rulemaking process notifies the public that a proposed rule change is being considered and the Elections Division's authority for doing so. An agency cannot create a rule in WAC unless granted authority to do so in state law - sometimes state law requires OSOS to issue rules for a topic, and sometimes it grants the authority to develop rules without immediately requiring rulemaking action. 

Rules Under Consideration

  • WSR 24-02-092 filed January 3, 2024, establishing rules for procedure to conduct hash checksum validation.
  • WSR 24-14-003 filed June 20, in response to a RCW 34.05.240 petition seeking to amend WAC 434-208-130.
  • WSR 24-21-031 filed October 7, clarifying recount procedures.
  • WSR 24-21-112 filed October 21, in response to a RCW 34.05.240 petition seeking to improve the ballot declaration's accessibility.
  • WSR 24-21-113 filed October 21, in response to a RCW 34.05.240 petition seeking to create a new voter registration form.
  • WSR 25-23-014 filed November 7, 2025, clarifying rules for processing ballots returned to the county auditor as undeliverable.
  • WSR 25-23-016 filed November 7, establishing rules for procedure in conducting random signature verification compliance checks to verify signature verification on ballot return envelopes is being completed in accordance with the standards in Chapter 434-261 WAC.
  • WSR 26-05-068 filed February 17, 2026 to update WAC in accordance with state law.
  • WSR 26-10-050 filed May 4, establishing rules to forward a received ballot packet to the county of registration.
  • WSR 26-10-051 filed May 4, establishing rules to comply with SB 6035 (2026).
  • WSR 26-12-017 filed May 22, clarifying retention requirements of voter registration database records.

Proposed WAC Amendments - Public Hearings

The second stage is to draft WAC language and set a hearing date to collect public feedback. A Notice of Proposed Rulemaking (CR-102) is filed with the Office of the Code Reviser, which schedules a public hearing to hear testimony on the proposed WAC changes. After the hearing, all feedback and testimony received are reviewed for potential revisions to the draft WAC language. If there are significant changes in response to feedback, the rulemaking process starts over with a new CR-101 filing.
Filed CR-102 forms, proposed WAC amendments, and public hearing information will be posted here. 

No public hearings are currently scheduled.

Recent Rulemaking

Following the public hearing, final WAC changes are submitted by filing a CR-103 form with the Office of the Code Reviser for adoption. Usually, at least 31 days after they have been adopted, the changes become effective. If a WAC has been filed using expedited rulemaking (CR-105), it becomes effective 45 days after filing, eliminating some of the regular rulemaking process’ requirements. If a WAC has been filed using emergency rulemaking (CR-103E), it becomes effective immediately and remains in effect for up to 120 days.

The following rules were adopted March 27, 2026 and will be effective June 27, 2026.

WSR 26-12-030 - RDS-7000.3 - Concise Explanatory Statement

  • WAC 434-262-010: Definitions.
  • WAC 434-262-016: Canvassing board meeting – Emergency procedure.
  • WAC 434-262-070: Official county canvass report.

The amendments: 

  • Clarify citation references to chapter 29A.60 RCW.
  • Add forms with personally identifiable information (PII) to the list of documents that cannot be recorded, copied, scanned, emailed, or faxed in case of an emergency remote canvassing board meeting.
  • Clarify that emergency canvassing board meetings can be held for a primary as well as an election.
  • Clarify that the need for emergency procedures for a canvassing board meeting is not a valid reason to refuse certifying the primary or election.
  • Require the canvassing board member(s) who refuse to sign the official certification documentation without cause to include a narrative statement with examples explaining why.
  • Allow the canvassing board member(s) who would certify the election to include a statement in the written narrative.
  • Clarify that the official county canvass report must be sent to OSOS immediately after the primary or election was certified.
  • Define “without cause.”

Associated CR-102 filed April 10, 2026. Associated CR-101 filed December 19, 2025 and November 22, 2024.

The following rule was adopted March 27, 2026 and will be effective January 1, 2027.

WSR 26-12-029 - RDS-6833.2 - Concise Explanatory Statement

  • WAC 434-261-086: Statewide standards on what is a vote.

The amendments:

  • Update statutory reference to 52 U.S.C.
  • Define target area.
  • Define hesitation mark.
  • Clarify that written instructions may supplement a pattern of similar marks.
  • Define name.
  • Reiterate that candidate names cannot be rejected due to misspelling, but that if a name is misspelled so that intent cannot be determined, the vote is counted for the name as written.
  • Add standards for a messy mark marking multiple target areas and a messy mark marking between target areas.

Associated CR-102 filed April 10, 2026. Associated CR-101 filed January 30, 2026 and March 10, 2023.

The following rules were adopted March 11, 2026 and will be effective July 1, 2026 and January 1, 2027.

WSR 26-07-033 - RDS-6952.2 - Concise Explanatory Statement

  • WAC 434-270-001: Intent.
  • WAC 434-270-005: Definitions.
  • WAC 434-270-010: Election costs for billing.
  • WAC 434-270-020: Local voters’ pamphlet.
  • WAC 434-270-030: Apportionment of costs directly related to a specific primary or election.
  • WAC 434-270-050: Reimbursement for state primary or election costs.
  • WAC 434-270-060: Submission to the office of the secretary of state for reimbursement.
  • WAC 434-270-070: Recounts.
  • WAC 434-270-080: Election reserve fund.
  • WAC 434-270-090: Expense of voter registration.
  • WAC 434-270-100: Allocation of voter registration costs.

This new chapter provides guidance to county election offices in allocating costs related to elections and voter registration. 

Associated CR-102 filed January 30, 2026. Associated CR-101 filed May 1, 2025.

Previous Rulemaking

This section holds filing information for all rules adopted or repealed within the last twelve months related to election administration by the Office of the Secretary of State (OSOS). 

The following rule was adopted April 8, 2026 and effective May 9, 2026. 

WSR 26-09-039 - RDS-6980.2  - Concise Explanatory Statement

  • WAC 434-235-020: Voter registration.

The amendments: 

  • Clarify the listed voter registration forms must be prescribed by the relevant agency rather than issued by the agency.
  • Confirm that an overseas or a service voter who registers by signing a ballot declaration is not required to provide a Washington driver’s license, SSN-4, or other form of ID, as required by RCW 29A.08.107.
  • Require an overseas or a service voter who registers in any way other than signing a ballot declaration is required to provide a form of identification required by RCW 29A.08.107.

Associated CR-102 filed February 27, 2026. Associated CR-101 filed November 7, 2025.

The following rules were adopted March 25, 2026 and effective April 25, 2026.

WSR 26-08-043 - RDS-5629.3 - Concise Explanatory Statement

  • WAC 434-381-130: Size and quality of photographs.
  • WAC 434-381-170: Statement and argument format.
  • WAC 434-381-200: Political party preference information.

The amendments:

  • Remove the minimum resolution requirement for digitally-submitted photographs.
  • Clarify requirements for physically-submitted photographs.
  • Remove the allowance of photographs or charts in candidate statements or measure arguments.
  • Remove gendered language referring to candidates.

Associated CR-102 filed February 17, 2026. Associated CR-101 filed February 26, 2025.

The following rules were adopted January 9, 2026 and effective February 9.

WSR 26-03-015 - Concise Explanatory Statement

  • RDS-6810.1 - WAC 434-261-046: Alternative identity verification.
  • RDS-6810.1 - WAC 434-261-047: Alternative identity verification application deadline.
  • RDS-6810.1 - WAC 434-261-048: Alternative identity verification application contents.
  • RDS-6810.1 - WAC 434-261-049: Alternative identity verification method approval guidelines.

These sections require additional reporting for the alternative identity verification pilot project established in Senate Bill 6269 (2024).

Associated CR-102 filed on November 13, 2025: WSR 25-23-050. Associated CR-101 filed on March 3, 2025: WSR 25-06-064.

The following rule was adopted January 9, 2026 and effective February 9.

WSR 26-03-014 - Concise Explanatory Statement

This section establishes procedures to expand a random check of the ballot counting equipment conducted under RCW 29A.60.170.

Associated CR-102 filed on November 13, 2025: WSR 25-23-049. Associated CR-101 filed on March 3, 2025: WSR 25-06-065.

The following rule was filed and effective December 5, 2025. It expired April 4, 2026.

WSR 26-01-021 - Concise Explanatory Statement

RDS-6878.2 - WAC 434-324-145: Voter registration database record information furnished.

This section reiterates existing state law concerning private voter data and criminal penalties for unauthorized disclosure of private voter data.

This rule was filed using emergency rulemaking procedures and does not have an accompanying CR-101 or CR-102. 

The following WAC amendment was adopted October 24, 2025 and effective November 24.

WSR 25-22-012 - Concise Explanatory Statement

The amendments to this section clarify that:

  • A voter who asserts the signature on a ballot declaration is not theirs prior to 8:00 PM on Election Day is entitled to vote a provisional ballot.
  • Provisional ballots are subject to investigation as per RCW 29A.60.195.

Associated CR-102 filed on August 28, 2025 available here. Associated CR-101 filed on October 7, 2024 available here.

The following WAC amendments were adopted April 23, 2025 and effective June 1.

WSR 25-09-168

The amendments to this chapter: 

  • Repeal the previous county-to-county transfers WAC section.
  • Create a new confirmation notice.
  • Update statutory references.
  • Clarify County Auditor procedure when a voter moves to another Washington county.
  • Require signature verification on a returned confirmation notice prior to cancelling the Washington voter registration if the voter indicated they moved out of state.

Associated CR-102 filed on March 14, 2025 available here. Associated CR-101 filed on October 7, 2024 available here.

WAC Terms and Definitions

A

  • Adoption Date: The date a state agency formally accepts changes to its rules as proposed under a CR-102. The rule change becomes effective at least 31 days after its adoption (except in the case of an emergency rule).
  • Amendment: A change to an existing rule.

C

  • Closing Date/Closing Date Calendars: The calendars produced by the Washington State Register that tell state agencies when to file their proposed rules for publication to be compliant with state law.
  • Concise Explanatory Statement (CES): A state agency’s explanation for adopting a rule and summary of public comments and how the agency considered them.
  • Continuance: The postponement of a WAC’s adoption following a public hearing or rescheduling the currently-scheduled hearing to a later date/time. The continuance must be filed with the Office of the Code Reviser.

D

  • Disposition: A repealed section of WAC, showing the statutory authority that led to the creation of the rule and Washington State Register file the repeal was filed in.

E

  • Effective Date: The date the rule’s standards begin and compliance with the new standard is required.
  • Emergency Rulemaking (CR-103E): A rule goes into effect immediately and lasts for up to 120 days. OSOS may refile the emergency rule while working toward permanent adoption through the regular rulemaking process.
  • Expedited Rulemaking (CR-105): In a limited set of circumstances, OSOS is permitted to file rules under an expedited process, eliminating some of the regular rulemaking process’ requirements. This can be used when the rule clarifies a rule or corrects an error in a rule, incorporates language from RCW, or only affects internal government operations.

F

  • Filing: The process of submitting documents with the Office of the Code Reviser.

J

  • Joint Administrative Rules Review Committee (JARRC): A legislative committee that reviews proposed rules to ensure compliance with RCW and the Legislature’s intent.

N

  • Negotiated Rulemaking: OSOS will work with the county elections offices and other affected parties with the goal of reaching consensus on the proposed rule.

P

  • Permanent Rule: The final filed and effective WAC.
  • Preproposal Statement of Inquiry (CR-101): The beginning of the regular rulemaking process. This notifies affected parties and the public that OSOS is considering making rule changes and provides the methods for the public to participate.
  • Proposed Rulemaking (CR-102): The second stage of the regular rulemaking process. This provides the proposed WAC text and provides the methods for the public to submit testimony for consideration, as well as details for the scheduled public hearing and how to request reasonable accommodation to attend the hearing.
  • Public Hearing: This is an opportunity for the public to provide additional testimony for or against a proposed rule.

R

  • Repeal: Removes a section from the Washington Administrative Code (WAC).
  • Revised Code of Washington (RCW): The laws of Washington State, passed as bills by the Washington State Legislature and signed into law by the Governor.
  • Rule Drafting Service (RDS) (Previously known as the Order Typing Service (OTS)): A service available to state agencies that assists in preparing proposed rules in bill drafting format.
  • Rulemaking: The process a state agency uses to develop, adopt, or repeal a WAC.
  • Rulemaking Authority: The authorization or requirement in state law for an agency to maintain WAC on specific topics.
  • Rulemaking Order (CR-103P): The final stage of the regular rulemaking process. At least 31 days after filing the Rulemaking Order, the attached WAC amendment will be effective.

S

  • Subsection: Part of a WAC section, identified by a number in parentheses, such as the (1) in WAC 434-230-012(1).
  • Supplemental Notice: Filed when there are significant changes made to a proposed rule that was previously filed. This schedules another public hearing and feedback period for the public to review and provide comment on the changes.

U

  • United States Code (also U.S. Code or U.S.C.): The laws of the United States, passed as bills by the U.S. Congress and signed into law by the U.S. President.

W

  • Washington Administrative Code (WAC): Rules adopted by state agencies to create procedures to implement legal requirements as authorized by state law through the official rulemaking process in accordance with the Washington Administrative Procedure Act (Chapter 34.05 RCW).
  • Washington State Register (WSR): A biweekly publication where documents related to state agency rule filings are published.
  • Withdrawal: The removal of a proposed rule from becoming adopted.