Z-0535.2 _______________________________________________
HOUSE BILL 1621
_______________________________________________
State of Washington 55th Legislature 1997 Regular Session
By Representatives D. Schmidt, Scott, Dickerson, Wood, Ogden, Keiser, Constantine, Costa, Tokuda, Cole and O'Brien; by request of Secretary of State
Read first time 02/03/97. Referred to Committee on Government Administration.
AN ACT Relating to the processing of absentee ballots; amending RCW 29.36.060; and adding new sections to chapter 29.36 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. A new section is added to chapter 29.36 RCW to read as follows:
For purposes of canvassing and counting absentee ballots:
(1) "Initial processing" means all steps taken to prepare absentee ballots for tabulation, except for the reading of ballots by an electronic vote tallying system. Initial processing includes, but is not limited to, verification of signatures on return envelopes; removal of security envelopes from the return envelopes; removal of ballots from the security envelopes; manual inspection for damage, for write‑in votes, and for incorrect or incomplete marks; duplication of damaged and write‑in ballots; and other preparation of ballots for final processing.
(2) "Final processing" means the reading of ballots by an electronic vote tallying system, but does not include tabulation.
(3) "Tabulation" means the production of returns of votes cast regarding candidates or measures in a form that can be read by a person, whether as precinct totals, partial cumulative totals, or final cumulative totals.
NEW SECTION. Sec. 2. A new section is added to chapter 29.36 RCW to read as follows:
(1) Before initial processing of absentee ballots, the county auditor shall notify the county chair of each major political party of the time and date on which absentee processing will begin, and shall request that each major political party appoint official observers to observe the processing and tabulation of absentee ballots. If a major political party has appointed observers, the observers may be present for initial processing, final processing, or tabulation, if they so choose, but failure to appoint or attend does not preclude the processing or tabulation of absentee ballots.
(2) The auditor shall adopt administrative procedures for the initial and final processing of absentee ballots. Copies of these administrative procedures must be made available to the political party observers, and to the public upon request.
Sec. 3. RCW 29.36.060 and 1991 c 81 s 32 are each amended to read as follows:
((The
opening and subsequent processing of return envelopes for any primary or
election may begin on or after the tenth day prior to such primary or
election. The opening of the security envelopes and tabulation of absentee
ballots shall not commence until after 8:00 o'clock p.m. on the day of the
primary or election.
After
opening the return envelopes, the county canvassing board shall place all of
the ballot envelopes in containers that can be secured with numbered seals.
These sealed containers shall be stored in a secure location until after 8:00
o'clock p.m. of the day of the primary or election. Absentee ballots that are
to be tabulated on an electronic vote tallying system may be taken from the
inner envelopes and all the normal procedural steps may be performed to prepare
these ballots for tabulation before sealing the containers.))
(1)
Before opening a returned absentee ballot, the canvassing board, or its
designated representatives, shall examine the postmark, statement, and
signature on ((each)) the return envelope ((containing)) that
contains the security envelope and absentee ballot. They shall verify that
the voter's signature on the return envelope is the same as the
signature of that voter in the registration files ((for that
voter)) of the county. For ((absentee)) registered
voters ((other than out-of-state voters, overseas voters, and service
voters, if the postmark is illegible)) casting absentee ballots, the
date on the return envelope to which the voter ((attests shall)) has
attested determines the validity, as to the time of voting((, of))
for that absentee ballot ((under this chapter)) if the
postmark is missing or is illegible. For out-of-state voters, overseas
voters, and service voters, the date on the return envelope to which the voter
has attested determines the validity as to the time of voting for that absentee
ballot. For any absentee ((voter)) ballot, a variation
between the signature of the voter on the return envelope 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.
(2) Absentee ballot return envelopes for a primary or election may be opened for initial processing on or after the tenth day before that primary or election.
(3) After opening the return envelopes, the county canvassing board shall either:
(a) Place all of the security envelopes containing the absentee ballots in containers, and secure the containers with numbered seals; or
(b) In the case of absentee ballots that will be tabulated on an electronic vote tallying system, open the security envelopes, perform the initial processing, place the absentee ballots in containers, and secure the containers with numbered seals.
(4) The canvassing board, or its designated representatives, shall record the number of the seal for each container and the date the corresponding container was sealed. After initial processing, all absentee ballots must be kept in sealed containers and in secure storage until they are ready for final processing.
(5) The secure containers of absentee ballots may not be opened for final processing before 7:00 a.m. on the day of the primary or election. In counties using electronic vote tallying systems, the absentee ballots must be tabulated under continuous observation of representatives of the major political parties, and all other security provisions required by the secretary of state under RCW 29.04.210 and 29.36.150. No results from tabulation of absentee ballots may be produced or distributed until after 8:00 p.m. on the day of the primary or election.
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