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                             ENGROSSED HOUSE BILL 1041

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State of Washington              52nd Legislature             1991 Regular Session

By Representatives Anderson, McLean, Cantwell, Ferguson, Broback, Tate, Basich, May, Miller, Vance and Mitchell; by request of Secretary of State.

Read first time January 17, 1991.  Referred to Committee on State Government.

Authorizing facsimile filing of election documents.     AN ACT Relating to facsimile filing of election documents; and adding new sections to chapter 29.04 RCW.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 29.04 RCW to read as follows:

     The secretary of state or a county auditor shall accept and file in his or her office electronic facsimile transmissions of the following documents:

     (1) Declarations and affidavits of candidacy;

     (2) County canvass reports;

     (3) Candidates' pamphlet statements;

     (4) Arguments for and against ballot measures that will appear in a voters' pamphlet;

     (5) Requests for recounts;

     (6) Certification of candidates and measures by the secretary of state;

     (7) Direction by the secretary of state for the conduct of a mandatory recount;

     (8) Requests for absentee ballots;

     (9) Any other election related document authorized by rule adopted by the secretary of state under section 2 of this act.

     The acceptance by the secretary of state or the county auditor is conditional upon the document being filed in a timely manner, being legible, and otherwise satisfying the requirements of state law or rules with respect to form and content.

     If the original copy of a document must be signed and a copy of the document is filed by facsimile transmission under this section, the original copy shall be subsequently filed with the official with whom the facsimile was filed.  The original copy shall be filed by a deadline established by the secretary by rule.  The secretary may by rule require that the original of any document, a copy of which is filed by facsimile transmission under this section, also be filed by a deadline established by the secretary by rule.

NEW SECTION. Sec. 2.  A new section is added to chapter 29.04 RCW to read as follows:

     The secretary of state shall adopt rules in accordance with chapter 34.05 RCW to implement section 1 of this act.