5819-s.sl

CERTIFICATION OF ENROLLMENT

SUBSTITUTE SENATE BILL 5819

Chapter 269, Laws of 1994

53rd Legislature

1994 Regular Session

VOTE BY MAIL‑-TWO YEAR TRIAL PERIOD

EFFECTIVE DATE: 6/9/94

Passed by the Senate February 8, 1994

YEAS 34 NAYS 13

JOEL PRITCHARD

President of the Senate

Passed by the House March 2, 1994

YEAS 93 NAYS 0

CERTIFICATE

I, Marty Brown, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SUBSTITUTE SENATE BILL 5819 as passed by the Senate and the House of Representatives on the dates hereon set forth.

BRIAN EBERSOLE

Speaker of the

House of Representatives

MARTY BROWN

Secretary

Approved April 1, 1994

FILED

April 1, 1994 - 2:17 p.m.

MIKE LOWRY

Governor of the State of Washington

Secretary of State

State of Washington

_______________________________________________

SUBSTITUTE SENATE BILL 5819

_______________________________________________

Passed Legislature - 1994 Regular Session

State of Washington 53rd Legislature 1994 Regular Session

By Senate Committee on Government Operations (originally sponsored by Senators Haugen, Vognild and Quigley)

Read first time 01/19/94.

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 1993 c 417 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 two 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 two 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 two hundred or more 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.