HOUSE BILL 1360
State of Washington | 67th Legislature | 2021 Regular Session |
ByRepresentatives Klippert and Chase
Read first time 01/25/21.Referred to Committee on State Government & Tribal Relations.
AN ACT Relating to counting mailed ballots that are missing postmarks; and reenacting and amending RCW
29A.40.110.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW
29A.40.110 and 2011 c 349 s 18, 2011 c 348 s 4, and 2011 c 10 s 41 are each reenacted and amended to read as follows:
(1) The opening and subsequent processing of return envelopes for any primary or election may begin upon receipt. The tabulation of absentee ballots must not commence until after 8:00 p.m. on the day of the primary or election.
(2) All received return envelopes must be placed in secure locations from the time of delivery to the county auditor until their subsequent opening. After opening the return envelopes, the county canvassing board shall place all of the ballots in secure storage until processing. Ballots may be taken from the inner envelopes and all the normal procedural steps may be performed to prepare these ballots for tabulation.
(3) The canvassing board, or its designated representatives, shall examine the postmark on the return envelope and signature on the declaration before processing the ballot. The ballot must either be received no later than 8:00 p.m. on the day of the primary or election, or must be postmarked no later than the day of the primary or election. All personnel assigned to verify signatures must receive training on statewide standards for signature verification. Personnel shall verify that the voter's signature on the ballot declaration is the same as the signature of that voter in the registration files of the county. Verification may be conducted by an automated verification system approved by the secretary of state. A variation between the signature of the voter on the ballot declaration and the signature of that voter in the registration files due to the substitution of initials or the use of common nicknames is permitted so long as the surname and handwriting are clearly the same.
(4) If the postmark is ((missing or)) illegible, the date on the ballot declaration to which the voter has attested determines the validity, as to the time of voting, for that ballot.
(5) If the postmark is missing on a ballot that is received by the county auditor after election day, the ballot may be counted only if the voter signs a declaration attesting, under penalty of perjury, that the ballot was mailed on or before election day. The county auditor must notify every such voter by first-class mail. If the voter has not responded at least three business days before the final meeting of the canvassing board, then the auditor must attempt to notify the voter by telephone, using the voter registration record information.
(6) For overseas voters and service voters, the date on the declaration to which the voter has attested determines the validity, as to the time of voting, for that ballot. Any overseas voter or service voter may return the signed declaration and voted ballot by fax or email by 8:00 p.m. on the day of the primary or election, and the county auditor must use established procedures to maintain the secrecy of the ballot.
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