[atlas:bill]

AN ACT Relating to election procedures; amending RCW 29.36.045 and 29.62.020; and adding a new section 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:

An absentee ballot may be tabulated only if the absentee ballot was:

(1) Both mailed to the county auditor from anywhere in the United States with a date of mailing on or before the Saturday immediately before the day of the primary or election for which it was issued and received by the county auditor by noon of the day the election results are certified; or

(2) Both mailed to the county auditor by an overseas voter or service voter with a date of mailing on or before the day of the primary or election for which it was issued and received by the county auditor by noon of the day the election results are certified; or

(3) Deposited at a polling site in the county of the auditor who issued the ballot, during normal voting hours of the primary or election for which it was issued; or

(4) Deposited with the county auditor who issued the ballot on or before the close of the polling places on the date of the primary or election for which it was issued.

The date of mailing is the date of the postmark. However, if the postmark is missing or illegible or if the voter is an overseas voter or a service voter, the date of mailing is the date a voter attests to voting, as shown on the return envelope.

Sec. 2. RCW 29.36.045 and 1987 c 346 s 12 are each amended to read as follows:

The county auditor shall send each absentee voter a ballot, a security envelope in which to seal the ballot after voting, a larger envelope in which to return the security envelope, and instructions on how to mark the ballot and how to return it to the county auditor. The larger return envelope shall contain a declaration by the absentee voter reciting his or her qualifications and stating that he or she has not voted in any other jurisdiction at this election, together with a summary of the penalties for any violation of any of the provisions of this chapter. The return envelope shall provide space for the voter to indicate the date on which the ballot was voted and for the voter to sign the oath. A summary of the applicable penalty provisions of this chapter shall be printed on the return envelope immediately adjacent to the space for the voter's signature. The signature of the voter on the return envelope shall affirm and attest to the statements regarding the qualifications of that voter and to the validity of the ballot. For out-of-state voters, overseas voters, and service voters, the signed declaration on the return envelope constitutes the equivalent of a voter registration for the election or primary for which the ballot has been issued. The ((voter shall be instructed to either return the ballot to the county auditor by whom it was issued or attach sufficient first class postage, if applicable, and mail the ballot to the appropriate county auditor no later than the day of the election or primary for which the ballot was issued)) instructions must include a description of the circumstances when an absentee ballot will be tabulated, as provided under section 1 of this act.

Sec. 3. RCW 29.62.020 and 1995 c 139 s 2 are each amended to read as follows:

(1) No later than the tenth day after a special election or primary and no later than the fifteenth day after a general election, the county auditor shall convene the county canvassing board to process the absentee ballots and canvass the votes cast at that primary or election. On the tenth day after a special election or a primary and on the fifteenth day after a general election, the canvassing board shall complete the canvass and certify the results. The canvass report must include each absentee ballot that ((was returned before the closing of the polls on the date of the primary or election for which it was issued, and each absentee ballot with a date of mailing on or before the date of the primary or election for which it was issued and received on or before the date on which the primary or election is certified, shall be included in the canvass report)) may be tabulated under section 1 of this act.

(2) At the request of any caucus of the state legislature, the county auditor shall transmit copies of all unofficial returns of state and legislative primaries or elections prepared by or for the county canvassing board to ((~~either~~)) the secretary of the senate ((or)) and the chief clerk of the house.