S-0065.1                   _______________________________________________

                                                     SENATE BILL 5819

                              _______________________________________________

State of Washington                              53rd Legislature                             1993 Regular Session

By Senators Haugen, Vognild and Quigley

Read first time 02/16/93.  Referred to Committee on Government Operations.

Authorizing voting by mail for any primary or election for a two-year period.

          AN ACT Relating to voting by mail; amending RCW 29.36.120 and 29.36.160; and prescribing penalties.

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

        Sec. 1.  RCW 29.36.120 and 1983 1st ex.s. c 71 s 1 are each amended to read as follows:

(1) At any primary or election, general or special, the county auditor may, in any precinct having fewer than one hundred registered voters at the time of closing of voter registration as provided in RCW 29.07.160, conduct the voting in that precinct by mail ballot.  For any precinct having fewer than one hundred registered voters where voting at a primary or a general election is conducted by mail ballot, the county auditor shall, not less than fifteen days prior to the date of that primary or general election, mail or deliver to each registered voter within that precinct a notice that the voting in that precinct will be by mail ballot, an application form for a mail ballot, and a postage prepaid envelope, preaddressed to the issuing officer.  A mail ballot shall be issued to each voter who returns a properly executed application to the county auditor no later than the day of that primary or general election.  Such application is valid for all subsequent mail ballot elections in that precinct so long as the voter remains qualified to vote.

          At any nonpartisan special election not being held in conjunction with a state primary or general election, the county, city, town, or district requesting the election pursuant to RCW 29.13.010 or 29.13.020 may also request that the election be conducted by mail ballot.  The county auditor may honor the request or may determine that the election is not to be conducted by mail ballot.  The decision of the county auditor in this regard is final.

          In no instance shall any special election be conducted by mail ballot in any precinct with more than one hundred registered voters if candidates for partisan office are to be voted upon.

          For all special elections not being held in conjunction with a state primary or state general election where voting is conducted by mail ballot, the county auditor shall, not less than fifteen days prior to the date of such election, mail or deliver to each registered voter a mail ballot and an envelope, preaddressed to the issuing officer.

(2) For a two-year period beginning on the effective date of this act and ending two years after the effective date of this act, the county auditor may conduct the voting in any precinct by mail for any primary or election, partisan or nonpartisan, using the procedures set forth in RCW 29.36.120 through 29.36.139.

        Sec. 2.  RCW 29.36.160 and 1991 c 81 s 34 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)) primaries or 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.

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