H-0186.5 _______________________________________________
HOUSE BILL 1072
_______________________________________________
State of Washington 52nd Legislature 1991 Regular Session
By Representatives McLean, Anderson, R. Fisher, Moyer, Sheldon, Chandler, Bowman, Pruitt, Winsley, Broback, Edmondson, Paris, D. Sommers, May, Wynne, Brumsickle, Nealey, Miller, P. Johnson, Casada, Wood, Forner and Mitchell.
Read first time January 18, 1991. Referred to Committee on State Government.
AN ACT Relating to elections; amending RCW 29.85.010, 29.85.020, 29.85.040, 29.85.060, 29.85.070, 29.85.090, 29.85.100, 29.85.110, 29.85.170, 29.85.190, 29.85.200, 29.85.210, 29.85.220, 29.85.225, 29.85.230, 29.85.240, 29.85.260, 29.85.275, 29.51.020, 29.07.130, 29.07.220, 29.10.020, 29.10.040, 29.10.110, 29.10.150, 29.10.170, 29.36.010, 29.36.013, 29.36.060, 29.36.097, 29.36.160, 29.36.170, 29.64.020, 29.64.030, 29.64.070, and 35A.42.040; reenacting and amending RCW 29.36.030; adding a new section to chapter 29.85 RCW; adding a new section to chapter 29.10 RCW; recodifying RCW 29.85.190 and 29.85.200; repealing RCW 29.07.151, 29.10.030, 29.10.050, 29.10.120, 29.10.160, 29.30.105, 29.85.030, 29.85.050, 29.85.080, 29.85.105, 29.85.120, 29.85.130, 29.85.140, 29.85.160, and 29.85.180; prescribing penalties; and providing an effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 29.85.010 and 1965 c 9 s 29.85.010 are each amended to read as follows:
Any
person ((other than the officer charged by law with the care of ballots, or
a person entrusted by any such officer with the care of the same for the
purposes required by law, who has in his possession outside of the voting room
any official ballot or any person who makes or has in his possession any
counterfeit of any official ballot, shall be)) who, without lawful
authority, removes a ballot from a polling place is guilty of a gross
misdemeanor ((and shall upon conviction thereof be sentenced to pay a fine
of not exceeding one thousand dollars nor less than five hundred dollars, or to
undergo imprisonment in the county jail for a term not less than six months nor
more than one year, or both, at the discretion of the court)) punishable
to the same extent as a gross misdemeanor that is punishable under RCW
9A.20.021.
Sec. 2. RCW 29.85.020 and 1965 c 9 s 29.85.020 are each amended to read as follows:
((Any
judge, inspector, clerk, or any other officer of an election who opens or
marks, by folding or otherwise, any ballot presented by a voter at any
election, or attempts to find out the names thereon, or suffers the same to be
done by any other person, before the ballot is deposited in the ballot box,
shall be guilty of a gross misdemeanor.))
(1) It is a gross misdemeanor for a person to examine, or assist another to examine, any voter record, ballot, or any other state or local government official election material if the person, without lawful authority, conducts the examination:
(a) For the purpose of identifying the name of a voter and how the voter voted; or
(b) For the purpose of determining how a voter, whose name is known to the person, voted; or
(c) For the purpose of identifying the name of the voter who voted in a manner known to the person.
(2) Any person who reveals to another information which the person ascertained in violation of subsection (1) of this section is guilty of a gross misdemeanor.
(3) A gross misdemeanor under this section is punishable to the same extent as a gross misdemeanor that is punishable under RCW 9A.20.021.
Sec. 3. RCW 29.85.040 and 1965 c 9 s 29.85.040 are each amended to read as follows:
Any ((printer,
business manager, or publisher)) person who is retained or employed
by any officer authorized by the laws of this state to procure the printing of
any official ballot or ((any person)) who is engaged in printing
official ballots ((who)) is guilty of a gross misdemeanor if the
person knowingly:
(1) Appropriates any official ballot to himself or herself or;
(2)
Gives or delivers any official ballot to or ((knowingly))
permits any official ballot to be taken ((any official ballot))
by any ((other)) person other than the officer authorized by law
to receive it((,)); or ((who wilfully))
(3)
Prints or causes to be printed any official ballot: (a) In any
other form than that prescribed by law or as directed by the officer authorized
to procure the printing thereof; or (b) with any other names
thereon or with the names spelled otherwise than as directed by such officer,
or the names or printing thereon arranged in any other way than that authorized
and directed by law((, shall be guilty of)).
A
gross misdemeanor ((and upon conviction thereof shall be sentenced to
pay a fine not exceeding one thousand dollars, nor less than five hundred
dollars, or imprisonment in the county jail for a term not exceeding one year
nor less than six months, or both, at the discretion of the court)) under
this section is punishable to the same extent as a gross misdemeanor that is
punishable under RCW 9A.20.021.
NEW SECTION. Sec. 4. A new section is added to chapter 29.85 RCW to read as follows:
A person is guilty of a gross misdemeanor who knowingly:
(1) Deceives any voter in recording his or her vote by providing incorrect or misleading recording information or by providing faulty election equipment or records; or
(2) Records the vote of any voter in a manner other than as designated by the voter.
Such a gross misdemeanor is punishable to the same extent as a gross misdemeanor that is punishable under RCW 9A.20.021.
Sec. 5. RCW 29.85.060 and 1965 c 9 s 29.85.060 are each amended to read as follows:
Any
person who uses menace, force, threat, or ((corrupt)) any unlawful
means ((at or previous to any election held pursuant to the laws of the
state)) towards any ((elector)) voter to hinder or deter such
((elector)) a voter from voting ((at such election)), or
directly or indirectly offers any bribe ((or)), reward ((of)),
or any ((kind to induce an elector to)) thing of value to a voter
in exchange for the voter's vote for or against any person or ((proposition))
ballot measure, or authorizes any person to do so, ((shall be)) is
guilty of a class C felony punishable under RCW 9A.20.021.
((Any
inspector, judge, or clerk of election who attempts to induce, by persuasion,
menace, or reward, or promise thereof, any elector to vote for any person shall
be guilty of a gross misdemeanor.))
Sec. 6. RCW 29.85.070 and 1965 c 9 s 29.85.070 are each amended to read as follows:
Any
person who in any way, directly or indirectly, by menace or ((other corrupt))
unlawful means ((or device)), attempts to influence any person in
((giving or)) refusing to give his or her vote in any primary
or special or general election((, or deters or dissuades any person from
giving his vote therein, or disturbs, hinders, persuades, threatens, or
intimidates any person from giving his vote therein; or who at any such
election, knowingly and wilfully makes any false assertion or propagates any
false report concerning any person who is candidate thereat, which shall have a
tendency to prevent his election, or with a view thereto, shall be)) is
guilty of a gross misdemeanor ((and, on conviction, shall be punished
by a fine of not to exceed two hundred fifty dollars or by imprisonment for the
term of six months, or by both)) punishable to the same extent as a gross
misdemeanor that is punishable under RCW 9A.20.021.
Sec. 7. RCW 29.85.090 and 1965 c 9 s 29.85.090 are each amended to read as follows:
Any
person who solicits, requests, or demands, directly or indirectly, any ((money,
intoxicating liquor, or anything)) reward or thing of value or the
promise thereof ((either to influence)) in exchange for his or
her vote or in exchange for the ((purpose or pretended purpose of
influencing the)) vote of any other person ((at the polls or other place
prior to or on the day of any primary election,)) for or against any
candidate ((for office)) or for or against any ballot measure to
be voted upon at a primary or special or general election((, shall be))
is guilty of a gross misdemeanor((; upon conviction thereof,
he shall be punished by a fine of not less than ten dollars nor more than five
hundred dollars, or by imprisonment in the county jail for not less than thirty
days nor more than six months, or by both such fine and imprisonment)) punishable
to the same extent as a gross misdemeanor that is punishable under RCW
9A.20.021.
Sec. 8. RCW 29.85.100 and 1965 c 9 s 29.85.100 are each amended to read as follows:
Every
person ((shall be guilty of a felony and punished by imprisonment in the
penitentiary for a period of not less than one year nor more than five years,))
who:
(1) Knowingly
and falsely ((makes)) issues a certificate of nomination or
election; or
(2) ((Falsely
makes an oath to a certificate of nomination; or
(3)
Fraudulently defaces or destroys a certificate of nomination or any part
thereof; or
(4)
Files or receives for filing a certificate of nomination, knowing that it or
any part of it has been falsely made; or
(5)
Suppresses a certificate of nomination which has been filed, or any part
thereof; or
(6)
Forges or falsely makes the official endorsement on any ballot)) Knowingly
provides false information on a certificate which must be filed with an
elections officer under chapter 29.24 RCW; or
(3) Knowingly provides false information on his or her declaration of candidacy or petition of nomination; or
(4) Conceals or fraudulently defaces or destroys a certificate which has been filed with an elections officer under chapter 29.24 RCW or a declaration of candidacy or petition of nomination which has been filed with an elections officer, or any part of such a certificate, declaration, or petition, is guilty of a class C felony punishable under RCW 9A.20.021.
Sec. 9. RCW 29.85.110 and 1965 c 9 s 29.85.110 are each amended to read as follows:
Any
person who ((on election day)) willfully defaces, removes,
or destroys any of the supplies or ((other conveniences placed in the voting
booths for the purpose of)) materials which the person knows are
intended both for use in a polling place and for enabling ((the)) a
voter to prepare his or her ballot((, or who, prior to or on election
day, wilfully defaces or destroys any posted list of candidates, or during an
election tears down or defaces cards of instruction for voters shall be)) is
guilty of a ((misdemeanor and shall be punished by a fine not exceeding one
hundred dollars)) class C felony punishable under RCW 9A.20.021.
Sec. 10. RCW 29.85.170 and 1965 c 9 s 29.85.170 are each amended to read as follows:
Every
person charged with the performance of any duty under the provisions of any law
of this state relating to elections, including primaries, or the provisions of
any charter or ordinance of any city or town of this state relating to
elections who willfully neglects or refuses to perform such duty, or
who, in the performance of such duty, or in his or her official
capacity, knowingly or fraudulently violates any of the provisions of law
relating to such duty, ((shall be)) is guilty of a class C
felony punishable under RCW 9A.20.021 and shall forfeit his or her
office.
Sec. 11. RCW 29.85.190 and 1965 c 9 s 29.85.190 are each amended to read as follows:
If any
((officer)) registrar or deputy registrar:
(1) Willfully neglects or refuses to perform any duty required by law in connection with the registration of voters; or
(2) Willfully neglects or refuses to perform such duty in the manner required by voter registration law; or
(3)
Enters or causes or permits to be entered on the voter registration
records ((of any precinct)) the name of any person in any other manner
or at any other time than as prescribed by voter registration law or enters or
causes or permits to be entered on such records the name of any person not
entitled to be thereon; or
(4)
Destroys, mutilates, ((secretes)) conceals, changes, or
alters any registration record in connection therewith except as authorized by
voter registration law, he ((shall be)) or she is guilty of a
gross misdemeanor ((and in addition to any other penalty otherwise provided
by law, shall forfeit any office he holds)) punishable to the same
extent as a gross misdemeanor that is punishable under RCW 9A.20.021.
Sec. 12. RCW 29.85.200 and 1990 c 143 s 12 are each amended to read as follows:
Any person who:
(1) Knowingly provides false information on an application for voter registration under any provision of this title;
(2) Knowingly makes or attests to a false declaration as to his or her qualifications as a voter;
(3) Knowingly causes or permits himself or herself to be registered using the name of another person;
(4) Knowingly causes himself or herself to be registered under two or more different names; or
(5) Knowingly causes any person to be registered or causes any registration to be transferred or canceled except as authorized under this title,
((shall
be)) is guilty of a class C felony punishable under RCW ((9A.72.030))
9A.20.021.
Sec. 13. RCW 29.85.210 and 1965 c 9 s 29.85.210 are each amended to read as follows:
Any
person who votes or attempts to vote more than once at any primary or
general or special election((, or who knowingly hands in two or more
ballots together, or, having voted in one township, precinct, ward, or county,
afterward, on the same day, votes or attempts to vote, in another township,
precinct, ward, or county, shall be)) is guilty of a gross
misdemeanor, ((and shall be incapable of voting at any election or holding
any office for two years thereafter)) punishable to the same extent as a
gross misdemeanor that is punishable under RCW 9A.20.021.
Sec. 14. RCW 29.85.220 and 1965 c 9 s 29.85.220 are each amended to read as follows:
Any ((inspector
or judge of any election)) precinct election officer who knowingly
permits any ((elector)) voter to cast a second vote at any primary
or general or special election, or knowingly permits any person not a
qualified ((elector)) voter to vote at any primary or general
or special election, ((shall be)) is guilty of a class C
felony ((and shall be incapable of holding any office in this state for five
years thereafter)) punishable under RCW 9A.20.021.
Sec. 15. RCW 29.85.225 and 1990 c 59 s 55 are each amended to read as follows:
(1) In
((precincts using paper)) any location in which ballots ((and
in counting centers)) are counted, no person authorized by law to be
present while votes are being counted may divulge any results of the count of
the ballots at any time prior to the closing of the polls for that primary or special
or general election.
(2) A
violation of this section is a gross misdemeanor punishable to the
same extent as a gross misdemeanor that is punishable under ((chapter
9A.20)) RCW 9A.20.021.
Sec. 16. RCW 29.85.230 and 1965 c 9 s 29.85.230 are each amended to read as follows:
It shall be a gross misdemeanor, punishable to the same extent as a gross misdemeanor that is punishable under RCW 9A.20.021, for any person to remove or deface the posted copy of the result of votes cast at their precinct or to delay delivery of or change the copy of primary or special or general election returns to be delivered to the proper election officer.
Sec. 17. RCW 29.85.240 and 1965 c 9 s 29.85.240 are each amended to read as follows:
Any
person ((knowing)) who knows that he or she does not
possess the legal qualifications of a voter and who votes at any primary
or special or general election authorized by law to be held in this state
for any office whatever((,)) shall be guilty of a class C felony punishable
under RCW 9A.20.021.
Sec. 18. RCW 29.85.260 and 1965 c 9 s 29.85.260 are each amended to read as follows:
Any
person who tampers with or ((injures)) damages or attempts to ((injure))
damage any voting machine or device to be used or being used in
((an)) a primary or special or general election, or who prevents
or attempts to prevent the correct operation of such machine or device,
or any unauthorized person who makes or has in his or her possession a
key to a voting machine or device to be used or being used in ((an))
a primary or special or general election, shall be guilty of a class
C felony ((and shall be punished by a fine of not less than one hundred
dollars nor more than five hundred dollars or by imprisonment in the state
penitentiary for not less than one year nor more than five years, or by both
such fine and imprisonment)) punishable under RCW 9A.20.021.
Sec. 19. RCW 29.85.275 and 1984 c 216 s 5 are each amended to read as follows:
A
person who removes or defaces lawfully placed political advertising including
yard signs or billboards without authorization is guilty of a misdemeanor punishable
to the same extent as a misdemeanor that is punishable under ((chapter
9A.20)) RCW 9A.20.021. The defacement or removal of each item
constitutes a separate violation.
Sec. 20. RCW 29.51.020 and 1990 c 59 s 75 are each amended to read as follows:
(1) On
the day of any primary((,)) or general or special election, no
person may, within a polling place, or in any public area within three hundred
feet of any entrance to such polling place:
(a) ((Do
any electioneering)) Suggest or persuade or attempt to suggest or
persuade any voter to vote for or against any candidate or ballot measure;
(b) Circulate cards or handbills of any kind;
(c) Solicit signatures to any kind of petition; or
(d)
Engage in any practice which interferes with the freedom of voters to exercise
their franchise or disrupts the administration of the polling place((; or
(e)
Conduct any exit poll or public opinion poll with voters)).
(2) No person may obstruct the doors or entries to a building in which a polling place is located or prevent free access to and from any polling place. Any sheriff, deputy sheriff, or municipal law enforcement officer shall prevent such obstruction, and may arrest any person creating such obstruction.
(3) No person may:
(a) Except as provided in RCW 29.54.037, remove any ballot from the polling place before the closing of the polls; or
(b) Solicit any voter to show his or her ballot.
(4) No person other than an inspector or judge of election may receive from any voter a voted ballot or deliver a blank ballot to such elector.
(5)
Any violation of this section is a gross misdemeanor ((under RCW
9A.20.010, and shall be punished under RCW 9A.20.020(3))), punishable to
the same extent as a gross misdemeanor that is punishable under RCW 9A.20.021,
and the person convicted may be ordered to pay the costs of prosecution.
Sec. 21. RCW 29.07.130 and 1971 ex.s. c 202 s 17 are each amended to read as follows:
(1)
The cards required by RCW 29.07.090 shall be kept on file in the office of the
secretary of state in such manner as will be most convenient for, and for the
sole purpose of, checking initiative and referendum petitions ((and mailing
pamphlets required for constitutional amendments and by the initiative and
referendum procedure. They shall not be open to public inspection or be used
for any other purpose)). The secretary may maintain an automated file
of voter registration information for any county or counties in lieu of filing
or maintaining these voter registration cards if the automated file includes
all of the information from the cards including, but not limited to, a
retrievable facsimile of the signature of each voter of that county or
counties. Such an automated file may be used only for the purpose authorized
for the use of the cards.
(2) The county auditor shall have custody of the voter registration records for each county. The original voter registration form, as established by RCW 29.07.070, shall be filed alphabetically without regard to precinct. An automated file of all registered voters shall be maintained pursuant to RCW 29.07.220. An auditor may maintain the automated file in lieu of filing or maintaining the original voter registration forms if the automated file includes all of the information from the original voter registration forms including, but not limited to, a retrievable facsimile of each voter's signature.
(3) The following information contained in voter registration records or files regarding a voter or a group of voters is available for public inspection and copying: The voter's name, gender, voting record, date of registration, and registration number. The address of a registered voter or addresses of a group of voters are available for public inspection and copying except to the extent that the address of a particular voter is not so available under RCW 42.17.310(1)(bb). The political jurisdictions within which a voter or group of voters reside are also available for public inspection and copying except that the political jurisdictions within which a particular voter resides are not available for such inspection and copying if the address of the voter is not so available under RCW 42.17.310(1)(bb). No other information from voter registration records or files is available for public inspection or copying.
Sec. 22. RCW 29.07.220 and 1974 ex.s. c 127 s 12 are each amended to read as follows:
Each
county auditor shall ((establish, on or before July 1, 1975, and))
maintain a computer file on magnetic tape or disk, punched cards, or other form
of data storage containing the records of all registered voters within the
county((: PROVIDED, That an auditor in a county with more than one hundred
fifty thousand registered voters may decline to comply with the provisions of
all or none of RCW 29.04.055, 29.07.160, 29.07.220, 29.07.230, and 29.07.240)).
Where it is necessary or advisable, the auditor may provide for the establishment
and maintenance of such files by private contract or through interlocal
agreement as provided by chapter 39.34 RCW, as it now exists or is hereafter
amended. The computer file shall include, but not be limited to, each voter's
name, residence address, sex, date of registration, applicable taxing district
and precinct codes and the last date on which the individual voted. The county
auditor shall subsequently record each consecutive date upon which the
individual has voted and retain at least the last five such consecutive dates:
PROVIDED, That if the voter has not voted at least five times since
establishing his or her current registration record, only the available
dates shall be included.
Sec. 23. RCW 29.10.020 and 1975 1st ex.s. c 184 s 2 are each amended to read as follows:
((Any))
A registered voter who changes his or her residence from one
address to another within the same county((,)) shall ((have his
registration transferred)), to maintain a valid voter registration,
transfer his or her registration to ((his)) the new address
((by)) in one of the following ways: (1) Sending to the county
auditor a signed request stating ((his)) the voter's present
address and precinct((,)) and the address and precinct from which ((he))
the voter was last registered((, or by)); (2) appearing in
person before ((him to have his registration transferred,)) the
auditor and signing such a request((, or)); (3)
transferring the registration in the manner provided by RCW ((29.10.160,
as now or hereafter amended)) 29.10.170; or (4) telephoning the county
auditor to transfer the registration. The telephone call transferring a
registration by telephone must be received by the auditor before the precinct
registration files are closed to new registrations for the next primary or
special or general election in which the voter participates.
The secretary of state shall adopt rules facilitating the transfer of a registration by telephone authorized by this section. The rules shall include, but need not be limited to, those establishing the form which must be signed by a voter subsequent to transferring a registration by telephone.
Sec. 24. RCW 29.10.040 and 1977 ex.s. c 361 s 26 are each amended to read as follows:
Except
as provided in RCW 29.10.170, a registered voter who changes his or her
residence from one county to another county, shall be required to register
anew. Before registering anew, the voter shall sign an authorization to cancel
his or her present registration ((in substantially the following)).
The authorization shall be on a form((: "I hereby authorize the
cancellation of my registration in .......... precinct of ..........
county." Such)) prescribed by the secretary of state by rule. The
authorization shall be forwarded promptly to the county auditor of the county
in which the voter was previously registered. ((Upon the receipt of such
authorization,)) The county auditor of the county where the previous
registration was made((, shall cause the signature on the authorization to
be compared with the signature on the registration record of such voter, and))
shall cancel the registration of the voter if it appears that the
signatures in the registration record and on the cancellation authorization
form were made by the same person((, the former registration record
shall be canceled forthwith)).
NEW SECTION. Sec. 25. A new section is added to chapter 29.10 RCW to read as follows:
To maintain a valid voter registration, a person who changes his or her name shall notify the county auditor regarding the name change in one of the following ways: (1) By sending the auditor a notice clearly identifying the name under which he or she is registered to vote, the voter's new name, and the voter's residence. Such a notice must be signed by the voter using both this former name and the voter's new name; (2) by appearing in person before the auditor or a deputy registrar and signing such a change-of-name notice; or (3) by signing such a change-of-name notice at the voter's precinct polling place on the day of a primary or special or general election.
A properly registered voter who files a change-of-name notice at the voter's precinct polling place during a primary or election and who desires to vote at that primary or election shall sign the poll book using the voter's former and new names in the same manner as is required for the change-of-name notice.
The secretary of state may adopt rules facilitating the implementation of this section.
Sec. 26. RCW 29.10.110 and 1971 ex.s. c 202 s 32 are each amended to read as follows:
Every
county auditor shall carefully preserve in a separate file or list((, to be
kept in his office for that purpose, all original and duplicate)) the
registration records of persons whose voter registrations have been
canceled as authorized under this title. The files or lists ((for
the preservation of canceled registration records)) shall be ((arranged
and)) kept in ((alphabetical order irrespective of the precincts from
which the canceled records were taken. The signed statement or an index
reference to file of such signed statements used as the authority for
cancellation as provided in RCW 29.10.090, 29.10.110, 29.10.130 through
29.10.160, 29.04.100 and 29.51.060 shall be firmly affixed to the canceled
registration record)) the manner prescribed by rule by the secretary of
state. Information from such canceled registration records is available for
public inspection and copying to the same extent established by RCW 29.07.130
for other voter registration information.
The
county auditor may destroy ((all original)) the voter
registration ((forms after they have)) information and records of any
person whose voter registration has been canceled for a period of two years
or more.
Sec. 27. RCW 29.10.150 and 1971 ex.s. c 202 s 35 are each amended to read as follows:
The
secretary of state as chief elections officer shall cause appropriate forms to
be designed to carry out the provisions of RCW ((29.04.100, 29.10.110,))
29.10.130 through 29.10.160 ((and 29.51.060)). The county auditors and
registrars shall have such forms available. Further, a reasonable supply of
such forms shall be at each polling place on the day of a primary or election,
general or special.
Sec. 28. RCW 29.10.170 and 1979 c 96 s 1 are each amended to read as follows:
(1)
A person who is registered ((voter)) to vote in this state
may ((file a)) transfer ((of)) his or her voter
registration on the day of ((an)) a special or general election or
primary under the following procedures ((set forth in this section.)):
((At
each)) (a) The voter may complete, at the polling place, ((the
precinct election officials shall have at their table a supply of forms for
transfer of registration,)) a registration transfer form designed by
the secretary of state and supplied by the county auditor((s. Accompanying
such forms there shall be a sign stating "If you do not still reside at
the address at which you are presently registered, please complete this form."));
or
(b) The voter may write in his or her new residential address in the precinct list of registered voters.
The county auditor shall determine which of these two procedures are to be used in the county or may determine that both procedures are to be available to voters for use in the county.
(2)
A voter ((completing the)) who transfers ((form)) his
or her registration in the manner authorized by this section shall vote in
the precinct in which he or she was previously registered. ((Upon
transmittal of the ballots, ballot cards, or voting machine count to the county
auditor the precinct election officers shall also deliver the transfer forms to))
(3)
The auditor((, who)) shall, within ninety days, mail to each
voter ((requesting a transfer of registration,)) who has transferred
a registration under this section a notice of his or her current
precinct and polling place.
Sec. 29. RCW 29.36.010 and 1987 c 346 s 9 are each amended to read as follows:
Any registered voter of the state or any out-of-state voter, overseas voter, or service voter may vote by absentee ballot in any general election, special election, or primary in the manner provided in this chapter. Out-of-state voters, overseas voters, and service voters are authorized to cast the same ballots, including those for special elections, as a registered voter of the state would receive under this chapter.
(1)
Except as provided in subsections (2) and (3) of this section, in RCW
29.36.013, and in RCW 29.36.170, a registered voter or elector desiring to cast
an absentee ballot must ((apply in writing to)) request the absentee
ballot from his or her county auditor no earlier than forty-five days nor
later than the day before any election or primary. Except as provided in
subsection (3) of this section and in RCW 29.36.170, the request may be made
orally in person, by telephone, or in writing. An application or
request for an absentee ballot made under the authority of any federal
statute or regulation shall be considered and given the same effect as ((an
application)) a request for an absentee ballot under this chapter.
(2)
For any registered voter, ((an application)) a request for an
absentee ballot for a primary shall be honored as ((an application)) a
request for an absentee ballot for the following general election if the
voter so indicates ((on)) in his or her ((application)) request.
For any out-of-state voter, overseas voter, or service voter, ((an
application)) a request for an absentee ballot for a primary
election shall also be honored as ((an application)) a request
for an absentee ballot for the following general election.
(3) A
voter admitted to a hospital no earlier than five days before a primary or
election and confined to the hospital on election day may apply by messenger
for an absentee ballot on the day of the primary or election if a signed
statement from the hospital administrator, or designee, verifying the voter's
date of admission and status as a patient in the hospital on the day of the
primary or election is attached to the ((absentee ballot)) voter's
written application for an absentee ballot.
(4) ((An
application for an absentee ballot must be signed by the registered voter or
elector. An application for an absentee ballot by a registered voter is not
valid unless the voter's signature on the application is substantially the same
as that voter's signature on his or her registration record.
An
application)) In a voter's request for an absentee ballot,
the voter shall state the address to which the absentee ballot should be
sent. ((An application)) A request for an absentee ballot from
an out-of-state voter, overseas voter, or service voter shall state the address
of that elector's last residence for voting purposes in the state of Washington
and either ((the)) a written application or the oath on the
return envelope shall include a declaration of the other qualifications of the
applicant as an elector of this state. ((An application)) A request
for an absentee ballot from any other voter shall state the address at which
that voter is currently registered to vote in the state of Washington or the
county auditor shall verify such information from the voter registration
records of the county.
(5) ((An
application for an absentee ballot shall be mailed or delivered to the county
auditor of the county in which the voter is registered or resides. An)) A
request for an absentee ballot ((application)) from a registered
voter who is within this state shall be ((sent)) made
directly to the auditor of the county in which the voter is registered. An
absentee ballot ((application)) request from a registered voter
who is temporarily outside this state or from an out-of-state voter, overseas
voter, or service voter may be ((sent)) made either to the
appropriate county auditor or to the secretary of state, who shall promptly
forward the ((application)) request to the appropriate county
auditor. No person, organization, or association may distribute absentee
ballot applications within this state that contain any return address other
than that of the appropriate county auditor.
(6) A person may request an absentee ballot for use by the person as a registered voter and may request an absentee ballot on behalf of any member of that person's immediate family who is a registered voter for use by the family member. As a means of ensuring that a person who requests an absentee ballot is requesting the ballot for only that person or a member of the person's immediate family, the secretary of state shall adopt rules prescribing the circumstances under which an auditor: May require a person who requests an absentee ballot to identify the date of birth of the voter for whom the ballot is requested; and may deny a request which is not accompanied by this information.
Sec. 30. RCW 29.36.013 and 1987 c 346 s 10 are each amended to read as follows:
Any
disabled voter or any voter over the age of sixty-five may apply, in writing,
for status as an ongoing absentee voter. Each such voter shall be granted that
status by his or her county auditor and shall automatically receive an absentee
ballot for each ensuing election for which he or she is entitled to vote and
need not submit a separate ((application)) request for each
election. Ballots received from ongoing absentee voters shall be validated,
processed, and tabulated in the same manner as other absentee ballots.
Status as an ongoing absentee voter shall be terminated upon any of the following events:
(1) The written request of the voter;
(2) The death or disqualification of the voter;
(3) The cancellation of the voter's registration record;
(4) The return of an ongoing absentee ballot as undeliverable; or
(5) January 1st of each odd-numbered year.
Sec. 31. RCW 29.36.030 and 1987 c 346 s 11 and 1987 c 295 s 9 are each reenacted and amended to read as follows:
((Upon
receipt of a signed application for an absentee ballot from a registered voter,
the county auditor shall verify the applicant's signature.)) If the ((application))
information contained in a request for an absentee ballot received by the
county auditor is complete and correct and the applicant is qualified to
vote under federal or state law, the county auditor shall issue an absentee
ballot for the primary or election for which the absentee ballot was
requested. Otherwise, the county auditor shall notify the applicant of the
reason or reasons why the ((application)) request cannot be
accepted.
At each general election in an even-numbered year, each absentee voter shall also be given a separate ballot containing the names of the candidates that have filed for the office of precinct committee officer unless fewer than two candidates have filed for the same political party in the absentee voter's precinct. The ballot shall provide space for writing in the name of additional candidates.
When mailing an absentee ballot to a registered voter temporarily outside the state or to an out-of-state voter, overseas voter, or service voter, the county auditor shall send a copy of the state voters' and candidates' pamphlet with the absentee ballot. The county auditor shall mail all absentee ballots and related material to voters outside the territorial limits of the United States and the District of Columbia under 39 U.S.C. 3406.
Sec. 32. RCW 29.36.060 and 1987 c 346 s 14 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.
The
canvassing board shall examine the postmark, statement, and signature on each
return envelope containing the security envelope and absentee ballot. They
shall verify that the voter's signature is the same as that ((on)) in
the ((original application by)) registration files for that
voter. For absentee voters other than out-of-state voters, overseas voters,
and service voters, if the postmark is illegible, the date on the return
envelope to which the voter attests shall determine the validity, as to the
time of voting, of that absentee ballot under this chapter. For ((out-of-state
voters, overseas voters, and service)) any absentee voter((s)),
a variation between the signature of the voter on the return envelope and that
((on)) in the ((application)) 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.
Sec. 33. RCW 29.36.097 and 1987 c 346 s 17 are each amended to read as follows:
Each
county auditor shall maintain in his or her office, open for public inspection,
a record of the ((applications)) requests he or she has received
for absentee ballots under this chapter.
The
information ((on)) from the ((applications)) requests
shall be recorded and lists of this information shall be available no later
than twenty-four hours after their receipt.
This
information about absentee voters shall be available according to the date of
((application)) the requests and by legislative district. It
shall include the name of each applicant, the address and precinct in which the
voter maintains a voting residence, the date on which an absentee ballot was
issued to this voter, if applicable, the type of absentee ballot, and the
address to which the ballot was or is to be mailed, if applicable.
The auditor shall make copies of these records available to the public for the actual cost of production or copying.
Sec. 34. RCW 29.36.160 and 1987 c 346 s 20 are each amended to read as follows:
A person who willfully violates any provision of this chapter regarding the assertion or declaration of qualifications to receive or cast an absentee ballot, unlawfully casts a vote by absentee ballot, or willfully violates any provision regarding the conduct of mail ballot special elections under RCW 29.36.120 through 29.36.139 is guilty of a class C felony punishable under RCW 9A.20.021. Except as provided in chapter 29.85 RCW a person who willfully violates any other provision of this chapter is guilty of a misdemeanor.
Sec. 35. RCW 29.36.170 and 1987 c 346 s 21 are each amended to read as follows:
(1) As provided in this section, county auditors shall provide special absentee ballots to be used for state primary or state general elections. A special absentee ballot shall only be provided to a voter who completes an application stating that:
(a) The voter believes that she or he will be residing or stationed or working outside the continental United States; and
(b) The voter believes that she or he will be unable to vote and return a regular absentee ballot by normal mail delivery within the period provided for regular absentee ballots.
The application for a special absentee ballot may not be filed earlier than ninety days before the applicable state primary or general election. The special absentee ballot shall list the offices and measures, if known, scheduled to appear on the state primary or general election ballot. The voter may use the special absentee ballot to write in the name of any eligible candidate for each office and vote on any measure.
(2) With any special absentee ballot issued under this section, the county auditor shall include a listing of any candidates who have filed before the time of the application for offices that will appear on the ballot at that primary or election and a list of any issues that have been referred to the ballot before the time of the application.
(3) Write-in votes on special absentee ballots shall be counted in the same manner provided by law for the counting of other write-in votes. The county auditor shall process and canvass the special absentee ballots provided under this section in the same manner as other absentee ballots under chapters 29.36 and 29.62 RCW.
(4) A
voter who requests a special absentee ballot under this section may also ((make
application for)) request an absentee ballot under RCW 29.36.010.
If the regular absentee ballot is properly voted and returned, the special
absentee ballot shall be deemed void and the county auditor shall reject it in
whole when special absentee ballots are canvassed.
Sec. 36. RCW 29.64.020 and 1987 c 54 s 5 are each amended to read as follows:
An application for a recount shall state the office for which a recount is requested and whether the request is for all or only a portion of the votes cast in that jurisdiction of that office. The person filing an application shall, at the same time, deposit with the county canvassing board or secretary of state, in cash or by certified check, a sum equal to five cents for each ballot cast in the jurisdiction or portion of the jurisdiction for which the recount is requested as security for the payment of any costs of conducting the recount. These charges shall be determined by the county canvassing board or boards under RCW 29.64.060.
((Promptly
after the filing of an application for a recount or the receipt of a request
from the secretary of state to conduct a recount,)) The county
canvassing board shall determine a time and a place or places at which the
recount will be conducted. This time shall be less than five days after the
day upon which: The application was filed with ((or)) the
board; the request ((from the secretary of state)) for a recount
or directive ordering a recount was received by the ((county canvassing))
board from the secretary of state; or the returns are certified which
indicate that a recount is required under RCW 29.64.015 for an issue or office
voted upon only within the county. The county auditor shall mail a notice
of the time and place of the recount to the applicant or affected parties
and, if the recount involves an office, to any person for whom votes were cast
for that office. The notice shall be mailed by certified mail not less than
two days before the date of the recount. Each person entitled to receive notice
of the recount may attend, witness the recount, and be accompanied by counsel.
Proceedings of the canvassing board are public under chapter 42.30 RCW. Subject to reasonable and equitable guidelines adopted by the canvassing board, all interested persons may attend and witness a recount.
Sec. 37. RCW 29.64.030 and 1990 c 59 s 65 are each amended to read as follows:
(1)
At the time and place established for a recount, the canvassing board or its
duly authorized representatives, in the presence of all witnesses who may be in
attendance, shall open the sealed containers containing the ballots to be
recounted, and shall recount the votes for the offices or issues for which the
recount has been ordered. Ballots shall be handled only by the members of the
canvassing board or their duly authorized representatives. Witnesses shall be
permitted to observe the ballots and the process of tabulating the votes, but
they shall not be permitted to handle the ballots. The canvassing board shall
not permit the tabulation of votes for any nomination, election, or issue other
than the ones for which a recount was ((ordered)) applied for or
required.
At the
time and place established for a recanvass of the votes cast on voting devices
that do not provide an individual record of the choices of each voter, the
canvassing board or its duly authorized representatives, in the presence of all
witnesses who may be in attendance, shall open the voting devices to be
rechecked, and shall verify the votes cast for the offices and issues for which
the recount was ordered. Witnesses shall be permitted to watch the recheck of
the voting devices. The canvassing board shall not permit the rechecking of
votes for any nomination, election, or issue other than the ones for which a
recount was ((ordered)) applied for or required.
(2) At any time before the ballots from all of the precincts listed in the application for the recount have been recounted, the applicant may file with the board a written request to stop the recount.
If the canvassing board finds that the results of the votes in the precincts recounted, if substituted for the results of the votes in those precincts as shown in the certified abstract of the votes would not change the result for that office or issue, it shall not recount the ballots of the precincts listed in the application for recount which have not been recounted before the request to stop the recount. The canvassing board shall attach a copy of the request to stop the recount to the partial returns of the recount.
The recount may be observed by persons representing the candidates affected by the recount or the persons representing both sides of an issue that is being recounted. The observers may not make a record of the names, addresses, or other information on the ballots, poll books, or applications for absentee ballots unless authorized by the superior court. The secretary of state or county auditor may limit the number of observers to not less than two on each side if, in his or her opinion, a greater number would cause undue delay or disruption of the recount process.
Sec. 38. RCW 29.64.070 and 1965 c 9 s 29.64.070 are each amended to read as follows:
The
secretary of state, as chief election officer, shall ((make)) adopt
rules ((and regulations, not inconsistent with this chapter,)) in
accordance with chapter 34.05 RCW to facilitate and clarify ((any))
procedures contained ((herein)) in this chapter.
Sec. 39. RCW 35A.42.040 and 1967 ex.s. c 119 s 35A.42.040 are each amended to read as follows:
In
addition to any specific enumeration of duties of city clerks in a code city's
charter or ordinances, and without limiting the generality of RCW 35A.21.030 of
this title, the clerks of all code cities shall perform the following duties in
the manner prescribed, to wit: (1) Certification of city streets as part of
the highway system in accordance with the provisions of RCW 47.24.010; (2) ((prepare
statements of cancellation of registration as required by RCW 29.10.120; (3)))
perform the functions of a member of a firemen's pension board as provided by
RCW 41.16.020; (((4))) (3) keep a record of ordinances of the
city and provide copies thereof as authorized by RCW 5.44.080; (((5))) (4)
serve as applicable the trustees of any police relief and pension board as
authorized by RCW 41.20.010; and (((6))) (5) serve as
secretary-treasurer of volunteer ((firemen's)) fire fighters'
relief and pension boards as provided in RCW 41.24.060.
NEW SECTION. Sec. 40. RCW 29.85.190 and 29.85.200, as amended by this act, are each recodified as sections in chapter 29.07 RCW.
NEW SECTION. Sec. 41. The following acts or parts of acts are each repealed:
(1) RCW 29.07.151 and 1986 c 167 s 5;
(2) RCW 29.10.030 and 1971 ex.s. c 202 s 25 & 1965 c 9 s 29.10.030;
(3) RCW 29.10.050 and 1965 c 9 s 29.10.050;
(4) RCW 29.10.120 and 1977 ex.s. c 361 s 28, 1971 ex.s. c 202 s 33, & 1965 c 9 s 29.10.120;
(5) RCW 29.10.160 and 1975 1st ex.s. c 184 s 3, 1971 ex.s. c 202 s 36, & 1965 ex.s. c 156 s 8;
(6) RCW 29.30.105 and 1990 c 59 s 15;
(7) RCW 29.85.030 and 1965 c 9 s 29.85.030;
(8) RCW 29.85.050 and 1965 c 9 s 29.85.050;
(9) RCW 29.85.080 and 1965 c 9 s 29.85.080;
(10) RCW 29.85.105 and 1977 ex.s. c 329 s 17;
(11) RCW 29.85.120 and 1965 c 9 s 29.85.120;
(12) RCW 29.85.130 and 1965 c 9 s 29.85.130;
(13) RCW 29.85.140 and 1965 c 9 s 29.85.140;
(14) RCW 29.85.160 and 1967 ex.s. c 109 s 31 & 1965 c 9 s 29.85.160; and
(15) RCW 29.85.180 and 1965 c 9 s 29.85.180.
NEW SECTION. Sec. 42. This act shall take effect July 1, 1992.