HOUSE BILL REPORT

                  HB 1644

                       As Passed House

                       March 16, 1993

Title:  An act relating to voting by mail.

Brief Description:  Changing provisions relating to voting by mail.

Sponsors:  Representatives Anderson, Reams, Veloria, Vance, Campbell, Dyer, Pruitt, Conway, Patterson, Brough, King, Springer, Forner, Wineberry and J. Kohl.

Brief History:

  Reported by House Committee on:

State Government, February 18, 1993, DP;

Passed House, March 16, 1993, 97-0.

HOUSE COMMITTEE ON STATE GOVERNMENT

Majority Report:  Do pass.  Signed by 7 members:  Representatives Anderson, Chair; Veloria, Vice Chair; Reams, Ranking Minority Member; Vance, Assistant Ranking Minority Member; Campbell; Conway; and Pruitt.

Staff:  Kenneth Hirst (786-7105).

Background:

Vote-By-Mail Elections.  In precincts with less than 100 registered voters, the county auditor may choose to conduct any primary or election exclusively by mail ballot. 

In other precincts, elections may be conducted exclusively by mail ballot only for nonpartisan special elections not being held in conjunction with a state primary or state general election.  The jurisdiction for which the special election is to be conducted may request that the election be conducted by mail ballot.  The county auditor may honor or deny that request; the decision of the auditor is final.

At any time an election is conducted by mail in a precinct, the canvassing board may direct that the ballots be counted on election day.  In such a case, the count is to be done by not less than three election officials.  The results of the count may not be revealed until after the polls have closed.  If vote tallying devices are used, political party observers may choose to count the ballots of not more than 10 precincts by hand.  If a replacement ballot has been issued to a voter and the auditor determines that the voter has voted more than once, the auditor is not to count any votes cast by that person, and the prosecutor and the Attorney General are to be notified.

Registration Cancellation.  The Election Code identifies circumstances under which procedures for cancelling the registration of a voter are to be initiated automatically.  One of the circumstances involves issuing vote-by-mail ballots.  If the ballot of a person is returned to the auditor by the U.S. Postal Service as being undeliverable, the cancellation procedures are to be initiated regarding that person's registration.

Summary of Bill:

Vote-By-Mail in Small Precincts.  The size of the precinct in which the auditor may choose to conduct any primary or election exclusively by mail ballot is increased.  The auditor may choose to conduct such primaries or elections in a precinct with fewer than 200 registered voters rather than fewer than 100, as under current law. 

Vote-By-Mail Primary.  In an odd-numbered year, the auditor may conduct a primary, or a special election concurrently with the primary, by mail ballot.  This procedure may be used:  for any office or ballot measure of a special purpose district; and for any nonpartisan office or ballot measure of a county, city, or town with the concurrence of the legislative authority of the county, city, or town.  The auditor may also conduct such a primary or special election by mail ballot for a special purpose district which lies within more than one county if the auditors of each of the counties involved agree to conduct it in this manner.  However, such a primary may not be conducted by mail ballot in any precinct with 200 or more registered voters if a partisan office or state office or state ballot measure is to be voted upon at that primary in the precinct.

Canvassing Procedures.  If the canvassing board directs that vote-by-mail ballots be counted on the day of a primary or election, the counting must be conducted in the presence of the board or its representatives rather than in the presence of at least three election officials.  The results may not be revealed until after 8:00 p.m. or at such later time as the auditor directs.  Political party observers may select, at random, ballots which must be counted by hand rather than counting the ballots themselves and counting not more than 10 precincts in this manner, as under current law.

A person who votes or attempts to vote more than once is subject to punishment under the crimes and penalties chapter of the Election Code.  However, the provisions of current law are repealed which prohibit the counting of any ballots from such a person and require, in each instance, that the prosecutor and the Attorney General be notified regarding the person.

Registration Cancellation.  The time is lengthened during which a voter must respond to the cancellation inquiry of an auditor under automatic cancellation procedures.  If the procedures were initiated because a person's vote-by-mail ballot was returned to the auditor by the U.S. Postal Service as being undeliverable, the person has 90 rather than the current 45 days in which to respond to the auditor's inquiry.

Fiscal Note:  Not requested.

Effective Date:  Ninety days after adjournment of session in which bill is passed.

Testimony For:  The bill is designed to help junior districts that are conducting a primary or special election.  If voting on an office or measure of such district were the only reason a polling place would be open on that primary date, conducting the election by mail would save the district money and increase voter "turn-out."  (2) Allowing any primary or election to be conducted by mail ballot in precincts of up to 200 voters would be helpful to auditors, particularly in rural areas.

Testimony Against:  None.

Witnesses:  Karen Flynn, Washington State Association of County Auditors (in favor).