Sam Reed's 24 August 2004 emergency rules

This is strange: On August 24, 2004, the Washington Secretary of State issued two emergency rules -- effective that date -- which required reconciliation of precinct polling place ballot numbers and voter numbers before the canvassing boards certified their returns for the initial vote count.

Why would the problem of more than 1800 "voterless ballots" have been first discovered in late December, if that reconciliation had been done?

Am I misunderstanding the nature of the rules or the source of the "voterless ballots"?

If those "voterless ballots" came from precinct polling places, the reconciliation required by these two rules ought to have revealed their existence and held up the canvassing board's certification of its official returns.

If those "voterless ballots" instead (or also) came from absentee voters, then the envelopes in which they arrived should still be in the possession of King County's elections and records department. They should be able to go back to the envelopes and reconcile the absentee ballots and voters, too.

Here is the text of the rules:

NEW SECTION
WAC 434-253-203 Poll site ballot reconciliation -- Central count optical scan and punchcard. Using the poll site ballot accountability forms, the poll books, and election night precinct results, poll site ballots shall be reconciled in the following manner:
(1) Reconciliation must begin as soon as practical after the election.
(2) Each precinct's results shall be reconciled with the precinct's ballot accountability form. The number of ballots issued should equal the number of ballots counted plus any ballots not counted. Ballots not counted may include, but not be limited to: Provisional ballots, ballots referred to the canvassing board, ballots to be enhanced or duplicated, ballots with write-in votes, spoiled ballots.
(3) Any discrepancies must be investigated. At a minimum, the following areas must be checked until the discrepancy is resolved:
(a) Check the accuracy of the ballot accountability form.
(b) Recount the signatures in the poll book.
(c) Check the spoiled ballots.
(d) Check the provisional ballots.
(e) Count the ballot stubs.
(f) Check the bins in the ballot counter.
(g) Check the poll site supplies for ballots.
(h) Manually count the number of ballots.
(i) Call the poll workers.
(4) All steps to reconcile each precinct shall be documented, including any discrepancies that cannot be resolved. Reconciliation of all precincts shall be completed and presented to the county canvassing board before the election can be certified. [Emphasis added.]


NEW SECTION
WAC 434-253-204 Precinct or poll site ballot reconciliation -- Precinct count optical scan and direct recording devices. Poll site ballots shall be reconciled in the following manner:
(1) Each precinct or poll site ballot counter shall print out results immediately following the closing of the polls. A copy of the results will be posted at the poll site or otherwise made available for public inspection.
(2) The total of votes cast from each counter shall be reconciled with the number of signatures in the poll book(s) prior to transporting to the counting center. The total number of ballots reported on the results printout should equal the number of signatures in the poll book(s). Discrepancies shall be reported and explained by the Inspector.
(3) In a sealed container, the data pack/chip of each ballot counter shall be transported to the counting center with each results printout.
(4) The number of ballots issued should equal the number of ballots counted plus any ballots not counted. Ballots not counted may include, but not be limited to: Provisional ballots, ballots referred to the canvassing board, ballots to be enhanced or duplicated, ballots with write-in votes, any out-sorted ballots, spoiled ballots.
(5) Any discrepancies must be investigated. At a minimum, the following areas must be checked until the discrepancy is resolved:
(a) Check the accuracy of the ballot accountability form.
(b) Recount the signatures in the poll book.
(c) Ballot counter/direct recording device results.
(d) Check the spoiled ballots.
(e) Check the provisional ballots.
(f) Count the ballot stubs.
(g) Check the poll site supplies for ballots.
(h) Manually count the number of ballots.
(i) Call the poll workers.
(6) All steps to reconcile each precinct shall be documented, including any discrepancies that cannot be resolved. Reconciliation of all precincts shall be completed and presented to the county canvassing board before the election may be certified. [Emphasis added.]