H-0689.1                  _______________________________________________

                                                      HOUSE BILL 1691

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State of Washington                              53rd Legislature                             1993 Regular Session

By Representative Rayburn

Read first time 02/05/93.  Referred to Committee on Local Government.

Modifying absentee voting in irrigation districts.

          AN ACT Relating to absentee voting in irrigation districts; and amending RCW 87.03.031, 87.03.032, and 87.03.033.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  RCW 87.03.031 and 1961 c 105 s 2 are each amended to read as follows:

          Any qualified district elector ((who certifies as provided in RCW 87.03.032 through 87.03.034 that he cannot conveniently be present to cast his ballot at his proper election precinct on the day of any irrigation district election)) shall be entitled to vote by absentee ballot in ((such)) an irrigation district election in the manner ((herein)) provided in RCW 87.03.032 and 87.03.033.

        Sec. 2.  RCW 87.03.032 and 1961 c 105 s 3 are each amended to read as follows:

          The notice of election shall conform to the requirements for election notices provided by Title 87 RCW for the election being held, and shall specify in addition that any qualified district elector ((who certifies that he cannot conveniently be present at his proper election precinct on the day of election)) may vote by absentee ballot, and that a ballot and a certification form ((of certificate of)) regarding the elector's qualifications as a district voter will be furnished to him or her on written request being made of the district's secretary.  The requisite ballot and ((a)) certification form ((of certificate of qualifications)) shall be furnished by the district's secretary to any person who prior to the date of election makes written request therefor, stating that he is a qualified district elector.  Such ballot and form may be furnished also to qualified district electors in any way deemed to be convenient without regard to requests having been made therefor.

        Sec. 3.  RCW 87.03.033 and 1961 c 105 s 4 are each amended to read as follows:

          (1) To be counted in a given election, an absentee ballot must conform to these requirements:

          (a) It must be sealed in an unmarked envelope and delivered to the district's principal office prior to the close of the polls on the day of that election; or be sealed in an unmarked envelope and mailed to the district's secretary, postmarked not later than midnight of that election day and received by the secretary within five days of that date.

          (b) The sealed envelope containing the ballot shall be accompanied by a certificate of qualifications stating((, with respect to the voter, his)) the voter's name, age, citizenship, residence, and that he or she holds title or evidence of title to lands within the district which, under RCW 87.03.045 entitles ((him)) the voter to vote in the election((, and that he cannot conveniently be present to cast his ballot at his proper election precinct on election day)).

          (c) The statements in the certificate of qualifications shall be certified as correct by the voter by the affixing of his or her signature thereto in the presence of a witness who is acquainted with the voter, and the voter shall enclose and seal ((his)) the voted ballot in the unmarked envelope in the presence of this witness but without disclosing his or her vote.  The witness, by affixing his or her signature to the certificate of qualifications, shall certify that ((he)) the witness is acquainted with the voter, that in ((his)) the presence of the witness the voter's signature was affixed and the ballot enclosed as required in this paragraph.

          (2) The form of statement of qualifications and its certification shall be substantially as prescribed by the district's board of directors.  This form may also provide that the voter shall describe all or some part of his or her lands within the district which, under RCW 87.03.045 entitles him or her to vote in the election, but a voter otherwise qualified shall not be disqualified because of the absence or inaccuracy of the description so given.  The regular form of irrigation district ballot shall be used by absentee voters.

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