H-1808.3

HOUSE BILL 1828

State of Washington
67th Legislature
2022 Regular Session
ByRepresentatives Sutherland, McEntire, Chase, McCaslin, and Young
Prefiled 01/06/22.Read first time 01/10/22.Referred to Committee on State Government & Tribal Relations.
AN ACT Relating to requiring quick response codes on ballots; amending RCW 29A.36.111, 29A.40.091, and 29A.12.005; and reenacting and amending RCW 29A.40.110.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 29A.36.111 and 2009 c 414 s 1 are each amended to read as follows:
(1) Every ballot for a single combination of issues, offices, and candidates shall be uniform within a precinct and shall identify the type of primary or election, the county, and the date of the primary or election, and the ballot or voting device shall contain instructions on the proper method of recording a vote, including write-in votes, and how to access the status and image of their voted ballot using the quick response code and access code provided in accordance with subsection (2) of this section. Each position, together with the names of the candidates for that office, shall be clearly separated from other offices or positions in the same jurisdiction. The offices in each jurisdiction shall be clearly separated from each other. No paper ballot or ballot card may be marked by or at the direction of an election official in any way that would permit the identification of the person who voted that ballot.
(2) Each ballot must contain two identical quick response codes, one located near the instructions required under subsection (1) of this section and one located on a portion of the ballot that can be physically separated without damaging or compromising the readability of the ballot and retained by the voter. The quick response code must be unique to the ballot and accompanied by an access code which the voter will use to access information about the voter's ballot. The quick response code must link to a website where the voter can, with the access code provided, view the image of their voted ballot and whether the ballot has been received and counted. The quick response code may not be linked to any personally identifiable information of a voter. A person who votes on a voting device must be provided with a quick response code and access code that allows the voter to access the image of their selections and whether their votes have been counted.
(3) An ((elections [election]))election official may not enter into or extend any contract with a vendor if such contract may allow the vendor to acquire an ownership interest in any data pertaining to any voter, any voter's address, registration number, or history, or any ballot.
Sec. 2. RCW 29A.40.091 and 2021 c 10 s 3 are each amended to read as follows:
(1) The county auditor shall send each voter a ballot, a security envelope in which to conceal the ballot after voting, a larger envelope in which to return the security envelope, a declaration that the voter must sign, and instructions on how to obtain information about the election, how to mark the ballot, ((and)) how to return the ballot to the county auditor, and how to access the status and image of their voted ballot using the quick response code and access code provided in accordance with section 1 of this act. The calendar date of the election must be prominently displayed in bold type, twenty-point font or larger, on the envelope sent to the voter containing the ballot and other materials listed in this subsection:
(a) For all general elections in 2020 and after;
(b) For all primary elections in 2021 and after; and
(c) For all elections in 2022 and after.
(2) The voter must swear under penalty of perjury that he or she meets the qualifications to vote, and has not voted in any other jurisdiction at this election. The declaration must clearly inform the voter that it is illegal to vote if he or she is not a United States citizen; it is illegal to vote if he or she is serving a sentence of total confinement under the jurisdiction of the department of corrections for a felony conviction or is currently incarcerated for a federal or out-of-state felony conviction; and it is illegal to cast a ballot or sign a ballot declaration on behalf of another voter. The ballot materials must provide space for the voter to sign the declaration, indicate the date on which the ballot was voted, and include a telephone number.
(3) For overseas and service voters, the signed declaration constitutes the equivalent of a voter registration. Return envelopes for overseas and service voters must enable the ballot to be returned postage free if mailed through the United States postal service, United States armed forces postal service, or the postal service of a United States foreign embassy under 39 U.S.C. 3406.
(4) The voter must be instructed to either return the ballot to the county auditor no later than 8:00 p.m. the day of the election or primary, or mail the ballot to the county auditor with a postmark no later than the day of the election or primary. Return envelopes for all election ballots must include prepaid postage. Service and overseas voters must be provided with instructions and a privacy sheet for returning the ballot and signed declaration by fax or email. A voted ballot and signed declaration returned by fax or email must be received by 8:00 p.m. on the day of the election or primary.
(5) The county auditor's name may not appear on the security envelope, the return envelope, or on any voting instructions or materials included with the ballot if he or she is a candidate for office during the same year.
(6) For purposes of this section, "prepaid postage" means any method of return postage paid by the county or state.
Sec. 3. 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. Upon receipt of the ballot and throughout the canvassing process, the quick response code on each ballot must be scanned to provide the voter with information about whether the voter's ballot has been received and counted and an image of the voter's voted ballot.
(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. 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.
Sec. 4. RCW 29A.12.005 and 2018 c 218 s 5 are each amended to read as follows:
As used in this chapter, "voting system" means:
(1) The total combination of mechanical, electromechanical, or electronic equipment including, but not limited to, the software, firmware, and documentation required to program, control, and support the equipment, that is used:
(a) To define ballots;
(b) To cast and count votes;
(c) To report or display election results from the voting system;
(d) To maintain and produce any audit trail information; ((and))
(e) To perform an audit under RCW 29A.60.185; and
(f) By election officials to produce, program, or otherwise provide for quick response codes required under section 1 of this act, or to process quick response codes in accordance with RCW 29A.40.110(2); and
(2) The practices and associated documentation used:
(a) To identify system components and versions of such components;
(b) To test the system during its development and maintenance;
(c) To maintain records of system errors and defects;
(d) To determine specific system changes to be made to a system after the initial qualification of the system; and
(e) To make available any materials to the voter such as notices, instructions, forms, or paper ballots.
--- END ---