HOUSE BILL REPORT

                 SSB 5819

                       As Passed House

                        March 2, 1994

Title:  An act relating to voting by mail.

Brief Description:  Authorizing voting by mail for any primary or election for a two‑year period.

Sponsors:  Senators Haugen, Vognild and Quigley.

Brief History:

  Reported by House Committee on:

State Government, February 23, 1994, DP.

Passed House, March 2, 1994, 93-0.

HOUSE COMMITTEE ON STATE GOVERNMENT

Majority Report:  Do pass.  Signed by 9 members:  Representatives Anderson, Chair; Veloria, Vice Chair; Reams, Ranking Minority Member; L. Thomas, Assistant Ranking Minority Member; Campbell; Conway; Dyer; King and Pruitt.

Staff:  Kenneth Hirst (786-7105).

Background:  The state's Election Code permits the county auditor to conduct any primary, special election or general election in a precinct with fewer than 200 registered voters by mail ballot.

The Code also identifies circumstances in which a nonpartisan primary or special election may be conducted entirely by mail ballot.  Such vote-by-mail special elections are authorized if they are not held in conjunction with a state primary or general election.  A vote-by-mail primary or special election in conjunction with the primary may be conducted in an odd-numbered year.  However, such a primary may be conducted by mail ballot only if no partisan offices, state offices or state ballot measures would also be voted upon.

A person who wilfully violates any provision of the Election Code regarding the conduct of a vote-by-mail special election is guilty of a class C felony.  The Election Code provides specific penalties for a number of unlawful activities conducted during any type of primary or election.  All other violations of the vote-by-mail laws are misdemeanors.

Summary of Bill:  For a two-year period beginning on the effective date of this bill, the county auditor may conduct in any precinct any primary or election, partisan or nonpartisan, entirely by mail ballot.

A person who wilfully violates any provision of the Election Code regarding the conduct of a vote-by-mail primary or election is guilty of a class C felony.

Fiscal Note:  Not requested.

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

Testimony For:  (1) Vote-by-mail elections triple turnout, cut election costs, and allow voters to vote at home with the election information they have gathered. (2) Snohomish County cannot take advantage of a state law authorizing primaries to be conducted by mail ballot in odd-numbered years if they are for nonpartisan offices because its charter requires some of its partisan offices to be voted upon during odd-numbered years. (3) Vote-by-mail special elections in King County regularly result in a 65 percent turnout.

Testimony Against:  None.

Witnesses:  Bob Terwilliger, Snohomish County Auditor (in favor); and Sonia Soelter, King County Elections and Records Division (in favor).