5640-S AMH SG H2613.1

SSB 5640 - H COMM AMD ADOPTED 04/13/99

By Committee on State Government

    Strike everything after the enacting clause and insert the following:

    "NEW SECTION. Sec. 1.  A task force to study and make recommendations regarding the date for primary elections as provided in this act is established.

NEW SECTION. Sec. 2.  The legislature finds that:

    (1) The current statute relating to the timing of the primary election may not allow adequate time for absentee voters, especially military personnel living overseas, to review the candidates and issues appearing on the general election ballot before casting their votes;

    (2) The proliferation of permanent absentee voters presents increasing difficulties for county auditors to canvass ballots in a timely way, which in turn may adversely affect the general election campaign of a candidate involved in a close primary race; and

    (3) A delay in counting votes and processing ballots negatively impacts the public's right to timely election results and thus harms our electoral process.

    Therefore, the mission of the task force includes, but is not limited to, a review of issues relating to the timing of the primary election, the canvassing of ballots, and the certification of election results.  The task force shall consider alternates to the current statutes that relate to these issues, and shall provide recommendations accordingly.

NEW SECTION. Sec. 3.  The task force membership consists of the following thirteen members:

    (1) Three citizen members from across the state, appointed jointly by the secretary of state, the president of the senate, and the co-speakers of the house of representatives;

    (2) Two members of the senate, one from each of the largest two caucuses, appointed by the president of the senate, and two members of the house of representatives, one from each of the largest two caucuses, appointed by the co-speakers of the house of representatives;

    (3) The secretary of state or the secretary's designee;

    (4) Three county elections officials designated by the Association of County Officials; and

    (5) A representative of each major political party in the state, appointed by the chair of the state central committee for the party.

NEW SECTION. Sec. 4.  The task force shall report its recommendations to the governor, the secretary of state, and the appropriate standing committees of the senate and house of representatives no later than December 1, 1999.  The task force terminates on December 31, 1999.

    Sec. 5.  RCW 29.62.020 and 1995 c 139 s 2 are each amended to read as follows:

    (1) ((No later than the tenth day after a special election or primary and no later than the fifteenth day after a general election, the county auditor shall convene the county canvassing board to process the absentee ballots and canvass the votes cast at that primary or election.)) At least every third day after a special election, primary, or general election and before certification of the election results, excepting Sundays and legal holidays, the county auditor shall convene the county canvassing board to process absentee ballots and canvass the votes cast at that special election, primary, or general election.  Each time the canvassing board is convened before its final canvass of ballots, the canvassing board shall process all but fifty absentee ballots in the possession of the county auditor that have not been processed and were either received by the auditor on or before the day before the close of the polls on the day of the election or primary for which they were issued or that bear a date of mailing on or before the election or primary for which they are issued.  The tabulation of votes that results from that day's canvass must be made available to the general public immediately upon completion of the canvass.

(2) On the tenth day after a special election or a primary and on the fifteenth day after a general election, the canvassing board shall complete the canvass and certify the results.  Each absentee ballot that was returned before the closing of the polls on the date of the primary or election for which it was issued, and each absentee ballot with a date of mailing on or before the date of the primary or election for which it was issued and received on or before the date on which the primary or election is certified, shall be included in the canvass report.

    (((2))) (3) At the request of any caucus of the state legislature, the county auditor shall transmit copies of all unofficial returns of state and legislative primaries or elections prepared by or for the county canvassing board to either the secretary of the senate or the chief clerk of the house.

                              PART I

                          ABSENTEE VOTING

    Sec. 6.  RCW 29.36.010 and 1991 c 81 s 29 are each amended to read as follows:

    ABSENTEE BALLOT VOTING.  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 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 a request for an absentee ballot under this chapter.

    (2) For any registered voter, a request for an absentee ballot for a primary shall be honored as a request for an absentee ballot for the following general election if the voter so indicates in his or her request.  For any out-of-state voter, overseas voter, or service voter, a request for an absentee ballot for a primary election shall also be honored as 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 voter's written application for an absentee ballot.

    (4) In a voter's request for an absentee ballot, the voter shall state the address to which the absentee ballot should be sent.  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 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.  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) A request for an absentee ballot from a registered voter who is within this state shall be made directly to the auditor of the county in which the voter is registered.  An absentee ballot 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 made either to the appropriate county auditor or to the secretary of state, who shall promptly forward the 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.))

NEW SECTION. Sec. 7.  A new section is added to chapter 29.36 RCW to read as follows:

    REQUEST FOR SINGLE ABSENTEE BALLOT.  (1) Except as otherwise provided by law, a registered voter or out-of-state voter, overseas voter, or service voter desiring to cast an absentee ballot at a single election or primary must request the absentee ballot from his or her county auditor no earlier than ninety days nor later than the day of the election or primary at which the person seeks to vote.  Except as otherwise provided by law, the request may be made orally in person, by telephone, electronically, or in writing.  An application or request for an absentee ballot made under the authority of a federal statute or regulation will be considered and given the same effect as a request for an absentee ballot under this chapter.

    (2) A voter requesting an absentee ballot for a primary may also request an absentee ballot for the following general election.  A request by an out-of-state voter, overseas voter, or service voter for an absentee ballot for a primary election will be considered as a request for an absentee ballot for the following general election.

    (3) In requesting an absentee ballot, the voter shall state the address to which the absentee ballot should be sent.  A request for an absentee ballot from an out-of-state voter, overseas voter, or service voter must include the address of the last residence for voting purposes in the state of Washington and either a written application or the oath on the return envelope must include a declaration of the other qualifications of the applicant as an elector of this state.  A request for an absentee ballot from any other voter must state the address at which that voter is currently registered to vote in the state of Washington or the county auditor shall verify that information from the voter registration records of the county.

    (4) A request for an absentee ballot from a registered voter who is within this state must be made directly to the auditor of the county in which the voter is registered.  An absentee ballot 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 made either to the appropriate county auditor or to the secretary of state, who shall promptly forward the request to the appropriate county auditor.  No person, organization, or association may distribute absentee ballot applications within this state that contain a return address other than that of the appropriate county auditor.

NEW SECTION. Sec. 8.  A new section is added to chapter 29.36 RCW to read as follows:

    REQUESTING ABSENTEE BALLOT FOR FAMILY MEMBER.  A registered voter may request an absentee ballot on behalf of and for use by a member of his or her immediate family who is also a registered voter.  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 under what circumstances the auditor may deny a request that is not accompanied by this information.

    Sec. 9.  RCW 29.36.013 and 1993 c 418 s 1 are each amended to read as follows:

    REQUEST FOR ONGOING ABSENTEE VOTER STATUS.  Any registered voter may apply, in writing, for status as an ongoing absentee voter.  Each qualified applicant shall automatically receive an absentee ballot for each ensuing election or primary for which ((he or she)) the voter is entitled to vote and need not submit a separate 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; ((or))

    (4) The return of an ongoing absentee ballot as undeliverable; or

(5) A voter being placed on inactive status.

    Sec. 10.  RCW 29.36.170 and 1991 c 81 s 35 are each amended to read as follows:

    SPECIAL ABSENTEE BALLOT.  (1) As provided in this section, county auditors shall provide special absentee ballots to be used for state primary or state general elections.  An auditor shall provide a special absentee ballot ((shall)) only ((be provided)) to a registered 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)) will 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)) must 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 request an absentee ballot under ((RCW 29.36.010)) section 7(4) of this act.  If the regular absentee ballot is properly voted and returned, the special absentee ballot ((shall be deemed)) is void, and the county auditor shall reject it in whole when special absentee ballots are canvassed.

    Sec. 11.  RCW 29.36.030 and 1991 c 81 s 31 are each amended to read as follows:

    ISSUANCE OF ABSENTEE BALLOT.  (1) The county auditor shall issue an absentee ballot for the primary or election for which it was requested, or for the next occurring primary or election when ongoing absentee status has been requested if the information contained in a request for an absentee ballot or ongoing absentee status 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 request cannot be accepted.  Whenever two or more candidates have filed for the position of precinct committee officer for the same party in the same precinct at a general election held in an even-numbered year, the contest for that position must be presented to absentee voters from that precinct by either including the contest on the regular absentee ballot or a separate absentee ballot.

    ((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)) (2) A registered voter may obtain a replacement ballot if the ballot is destroyed, spoiled, lost, or not received by the voter.  The voter may obtain the ballot by telephone request, by mail, electronically, or in person.  The county auditor shall keep a record of each replacement ballot provided under this subsection.

(3) A copy of the state voters' and candidates' pamphlet must be sent to registered voters temporarily outside the state, out-of-state voters, overseas voters, and service voters along with the absentee ballot if such a pamphlet has been prepared for the primary or election.  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. 12.  RCW 29.36.035 and 1984 c 27 s 2 are each amended to read as follows:

    DELIVERY OF ABSENTEE BALLOT.  The delivery of an absentee ballot for any primary or election shall be subject to the following qualifications:

    (1) Only the registered voter((, himself)) personally, or a member of ((his)) the registered voter's immediate family may pick up an absentee ballot for the voter at the office of the issuing officer unless the voter is ((hospitalized)) a resident of a health care facility, as defined by RCW 70.37.020(3), on election day and applies by messenger ((in accordance with RCW 29.36.010)) for an absentee ballot ((on the day of the primary or election)).  In this latter case, the messenger may pick up the ((hospitalized)) voter's absentee ballot.

    (2) Except as noted in subsection (1) ((above)) of this section, the issuing officer shall mail or deliver the absentee ballot directly to each applicant.

    (((3) No absentee ballot shall be issued on the day of the primary or election concerned, except as provided by RCW 29.36.010, for a voter confined to a hospital on the day of a primary or election.))

    Sec. 13.  RCW 29.36.045 and 1987 c 346 s 12 are each amended to read as follows:

    ENVELOPES AND INSTRUCTIONS.  The county auditor shall send each absentee voter a ballot, a security envelope in which to seal the ballot after voting, a larger envelope in which to return the security envelope, and instructions on how to mark the ballot and how to return it to the county auditor.  The larger return envelope ((shall)) must contain a declaration by the absentee voter reciting his or her qualifications and stating that he or she has not voted in any other jurisdiction at this election, together with a summary of the penalties for any violation of any of the provisions of this chapter.  The return envelope ((shall)) must provide space for the voter to indicate the date on which the ballot was voted and for the voter to sign the oath.  A summary of the applicable penalty provisions of this chapter ((shall)) must be printed on the return envelope immediately adjacent to the space for the voter's signature.  The signature of the voter on the return envelope ((shall)) must affirm and attest to the statements regarding the qualifications of that voter and to the validity of the ballot.  For out-of-state voters, overseas voters, and service voters, the signed declaration on the return envelope constitutes the equivalent of a voter registration for the election or primary for which the ballot has been issued.  The voter ((shall)) must be instructed to either return the ballot to the county auditor by whom it was issued or attach sufficient first class postage, if applicable, and mail the ballot to the appropriate county auditor no later than the day of the election or primary for which the ballot was issued.

NEW SECTION. Sec. 14.  A new section is added to chapter 29.36 RCW to read as follows:

    DEFINITIONS.  For purposes of canvassing and counting absentee ballots:

    (1) "Initial processing" means all steps taken to prepare absentee ballots for tabulation, except for the reading of ballots by an electronic vote tallying system.  Initial processing includes, but is not limited to, verification of signatures on return envelopes; removal of security envelopes from the return envelopes; removal of ballots from the security envelopes; manual inspection for damage, for write‑in votes, and for incorrect or incomplete marks; duplication of damaged and write‑in ballots; and other preparation of ballots for final processing.

    (2) "Final processing" means the reading of ballots by an electronic vote tallying system, but does not include tabulation.

    (3) "Tabulation" means the production of returns of votes cast regarding candidates or measures in a form that can be read by a person, whether as precinct totals, partial cumulative totals, or final cumulative totals.

NEW SECTION. Sec. 15.  A new section is added to chapter 29.36 RCW to read as follows:

    OBSERVERS.  (1) Before initial processing of absentee ballots, the county auditor shall notify the county chair of each major political party of the time and date on which absentee processing will begin, and shall request that each major political party appoint official observers to observe the processing and tabulation of absentee ballots.  If a major political party has appointed observers, the observers may be present for initial processing, final processing, or tabulation, if they so choose, but failure to appoint or attend does not preclude the processing or tabulation of absentee ballots.

    (2) The auditor shall adopt administrative procedures for the initial and final processing of absentee ballots.  Copies of these administrative procedures must be made available to the political party observers, and to the public upon request.

    Sec. 16.  RCW 29.36.060 and 1991 c 81 s 32 are each amended to read as follows:

    PROCESSING ABSENTEE BALLOTS.  ((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.))

(1) Before opening a returned absentee ballot, the canvassing board, or its designated representatives, shall examine the postmark, statement, and signature on ((each)) the return envelope ((containing)) that contains the security envelope and absentee ballot.  They shall verify that the voter's signature on the return envelope is the same as the signature of that voter in the registration files ((for that voter)) of the county.  For ((absentee)) registered voters ((other than out-of-state voters, overseas voters, and service voters, if the postmark is illegible)) casting absentee ballots, the date on the return envelope to which the voter ((attests shall)) has attested determines the validity, as to the time of voting((, of)) for that absentee ballot ((under this chapter)) if the postmark is missing or is illegible.  For out-of-state voters, overseas voters, and service voters, the date on the return envelope to which the voter has attested determines the validity as to the time of voting for that absentee ballot.  For any absentee ((voter)) ballot, a variation between the signature of the voter on the return envelope and the signature of that voter in the 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.

(2) Absentee ballot return envelopes for a primary or election may be opened for initial processing on or after the tenth day before that primary or election.

(3) After opening the return envelopes, the county canvassing board shall either:

(a) Place all of the security envelopes containing the absentee ballots in containers, and secure the containers with numbered seals; or

(b) In the case of absentee ballots that will be tabulated on an electronic vote tallying system, open the security envelopes, perform the initial processing, place the absentee ballots in containers, and keep the containers in secure storage until the ballots are ready for final processing.

(4) The canvassing board, or its designated representatives, shall establish audit procedures that insure that the absentee ballots are kept in secure storage during the initial processing period.

(5) The absentee ballots must not be removed from secure storage until final processing begins.  Final processing may not begin before 7:00 a.m. on the day of the primary or election.  In counties using electronic vote tallying systems, the absentee ballots must be tabulated under continuous observation of representatives of the major political parties, and all other security provisions required by the secretary of state under RCW 29.04.210 and 29.36.150.  No results from tabulation of absentee ballots may be produced or distributed until after 8:00 p.m. on the day of the primary or election.

    Sec. 17.  RCW 29.36.070 and 1990 c 262 s 2 are each amended to read as follows:

    COUNTING ABSENTEE BALLOTS.  The absentee ballots ((shall be grouped and counted by)) must be reported at a minimum on a congressional and legislative district ((without regard to)) basis.  Absentee ballots may be counted by congressional or legislative basis or by individual precinct, except as required under RCW 29.62.090(2).

    These returns ((shall)) must be added to the total of the votes cast at the polling places.

    Sec. 18.  RCW 29.36.075 and 1988 c 181 s 3 are each amended to read as follows:

    PROCESSING DETAILS.  ((In counties that do not tabulate absentee ballots on electronic vote tallying systems, canvassing boards may not tabulate or record votes cast by absentee ballots on any uncontested office except write-in votes for candidates for the office of precinct committeeperson who have filed valid declarations of candidacy under RCW 29.04.180.  "Uncontested office" means an office where only one candidate has filed a valid declaration of candidacy either during the regular filing period or as a write-in candidate under RCW 29.04.180.))

    Each registered voter casting an absentee ballot ((shall)) will be credited with voting on his or her voter registration record.   Absentee ballots ((shall)) must be retained for the same length of time and in the same manner as ballots cast at the precinct polling places.

    Sec. 19.  RCW 29.36.097 and 1991 c 81 s 33 are each amended to read as follows:

    ABSENTEE BALLOT RECORDS.  Each county auditor shall maintain in his or her office, open for public inspection and copying, a record of the requests he or she has received for absentee ballots ((under this chapter)), a listing of all ongoing absentee voters, and a daily cumulative listing of the names of voters whose absentee ballots have been returned before each primary and election.

    The information from the requests ((shall)) must be recorded and lists of this information ((shall)) must be available no later than ((twenty-four hours)) the next business day after their receipt.  Lists of ongoing absentee voters must be available at all times.

    This information about absentee voters ((shall)) requesting ballots will be available according to the date of the requests and by legislative district.  It ((shall)) must 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, and the names of the voters whose absentee ballots have been returned.

    The auditor shall make copies of these records available to the public in either paper or electronic format for the actual cost of production or copying.

    Sec. 20.  RCW 29.36.100 and 1987 c 346 s 18 are each amended to read as follows:

    CHALLENGED ABSENTEE BALLOTS.  The qualifications of any absentee voter may be challenged at the time the signature on the return envelope is verified and the ballot is processed by the canvassing board.  The board has the authority to determine the legality of any absentee ballot challenged under this section.  Challenged ballots must be handled in accordance with chapter 29.10 RCW.

    Sec. 21.  RCW 29.36.150 and 1993 c 417 s 7 are each amended to read as follows:

    The secretary of state shall adopt rules implementing this chapter, including rules to:

    (1) Establish standards and procedures to prevent fraud and to facilitate the accurate processing and canvassing of absentee ballots ((and mail ballots));

    (2) Establish standards and procedures to guarantee the secrecy of absentee ballots ((and mail ballots));

    (3) Provide uniformity among the counties of the state in the conduct of absentee voting ((and mail ballot elections)); ((and))

    (4) Facilitate the operation of the provisions of this chapter regarding out-of-state voters, overseas voters, and service voters;

(5) Provide flexible requirements for persons confined in health care facilities to apply for and receive absentee ballots; and

(6) Provide standards for electronic requests for absentee ballots.

    The secretary of state shall produce and furnish envelopes and instructions for out-of-state voters, overseas voters, and service voters to the county auditors.

    Sec. 22.  RCW 29.36.160 and 1994 c 269 s 2 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((,)) or unlawfully casts a vote by absentee ballot((, or willfully violates any provision regarding the conduct of mail ballot 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.

NEW SECTION. Sec. 23.  A new section is added to chapter 29.54 RCW to read as follows:

    The secretary of state shall adopt rules providing for posters summarizing election crimes and maximum penalties to be displayed prominently in all locations where absentee ballots and ballots picked up from precincts are processed and tabulated.

                              PART II

                           MAIL BALLOTS

    Sec. 24.  RCW 29.36.120 and 1994 c 269 s 1 and 1994 c 57 s 48 are each reenacted and amended to read as follows:

    MAIL BALLOT PRECINCTS.  (((1) At any primary or election, general or special,)) The county auditor may((, in)) designate any precinct having fewer than two hundred active registered voters at the time of closing of voter registration as provided in RCW 29.07.160((, conduct the voting in that precinct by)) as a mail ballot precinct.  ((For any precinct having fewer than two hundred active 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 active and inactive 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.  For all subsequent mail ballot elections in that precinct the application is valid so long as the voter remains active and qualified to vote.))  The county auditor shall notify each registered voter by mail that for all future primaries and elections the voting in his or her precinct will be by mail ballot only.  In determining the number of registered voters in a precinct for the purposes of this section, persons who are ongoing absentee voters under RCW 29.36.013 (as recodified by this act) shall not be counted.  Nothing in this section may be construed as altering the vote tallying requirements of RCW 29.62.090.

    ((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 active 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 active registered voter a mail ballot and an envelope, preaddressed to the issuing officer.))  As soon as ballots are available, the county auditor shall mail or deliver a ballot and an envelope, preaddressed to the issuing officer, to each active registered voter.  The auditor shall send each inactive voter either a ballot or an application to receive a ballot.  The auditor shall determine which of the two is to be sent.  If the inactive voter returns a voted ballot, the ballot shall be counted and the voter's status restored to active.  If the inactive voter completes and returns an application, a ballot shall be sent and the voter's status restored to active.

    (((2) For a two-year period beginning on June 9, 1994, and ending two years after June 9, 1994, 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.))

If the precinct exceeds two hundred registered voters, or the auditor determines to return to a polling place election environment, the auditor shall notify each registered voter, by mail, of this and shall provide the address of the polling place to be used.

    Sec. 25.  RCW 29.36.121 and 1994 c 57 s 49 are each amended to read as follows:

    MAIL BALLOT SPECIAL ELECTIONS.  (((1))) 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 special 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.

    (((2) In an odd-numbered year, the county auditor may conduct by mail ballot a primary or a special election concurrently with the primary:

    (a) For any office or ballot measure of a special purpose district which is entirely within the county;

    (b) For any office or ballot measure of a special purpose district which lies in the county and one or more other counties if the auditor first secures the concurrence of the county auditors of those other counties to conduct the primary in this manner district-wide; and

    (c) For any ballot measure or nonpartisan office of a county, city, or town if the auditor first secures the concurrence of the legislative authority of the county, city, or town involved.

    A primary in an odd-numbered year may not be conducted by mail ballot in any precinct with two hundred or more active registered voters if a partisan office or state office or state ballot measure is to be voted upon at that primary in the precinct.

    (3))) 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 before the date of such election, mail or deliver to each registered voter a mail ballot ((and an envelope, preaddressed to the issuing officer.  The county auditor shall notify an election jurisdiction for which a primary is to be held that the primary will be conducted by mail ballot)).  The auditor shall handle inactive voters in the same manner as inactive voters in mail ballot precincts.

    (((4) To the extent they are not inconsistent with subsections (1) through (3) of this section, the laws governing the conduct of mail ballot special elections apply to nonpartisan primaries conducted by mail ballot.))

For a special election conducted by mail ballot, the county auditor shall include with the ballot a clear explanation of the qualifications necessary to vote in that election and shall also advise a voter with questions about his or her eligibility to contact the county auditor.  This explanation may be provided on the ballot envelope, provided on an enclosed insert, or printed directly on the ballot itself.  If this information is included, vote by mail special election ballots may be forwarded to voters in the same manner as absentee ballots.  If the information is not included in the instructions, the envelope must clearly indicate that the ballot is not to be forwarded and that return postage is guaranteed.

NEW SECTION. Sec. 26.  ODD-YEAR PRIMARIES BY MAIL.  In an odd-numbered year, the county auditor may conduct a primary or a special election by mail ballot concurrently with the primary:

    (1) For an office or ballot measure of a special purpose district that is entirely within the county;

    (2) For an office or ballot measure of a special purpose district that lies in the county and one or more other counties if the auditor first secures the concurrence of the county auditors of those other counties to conduct the primary in this manner district-wide; and

    (3) For a ballot measure or nonpartisan office of a county, city, or town if the auditor first secures the concurrence of the legislative authority of the county, city, or town involved.

    The county auditor shall notify an election jurisdiction for which a primary is to be held that the primary will be conducted by mail ballot.

    A primary in an odd-numbered year may not be conducted by mail ballot in a precinct with two hundred or more active registered voters if a partisan office or state office or state ballot measure is to be voted upon at that primary in the precinct.

    To the extent they are not inconsistent with other provisions of law, the laws governing the conduct of mail ballot special elections apply to nonpartisan primaries conducted by mail ballot.

    Sec. 27.  RCW 29.36.124 and 1983 1st ex.s. c 71 s 3 are each amended to read as follows:

    DEPOSITING BALLOTS FOR MAIL BALLOT ELECTIONS.  (((1))) If a county auditor conducts an election by mail, the county auditor shall designate the county auditor's office ((or a central location in the district in which the election is conducted)) as the single place to obtain a replacement ballot.  The county auditor also shall designate one or more places for the deposit of ballots not returned by mail.  The places designated under this section shall be open on the date of the election for a period of at least thirteen hours, beginning at 7:00 a.m. and ending at 8:00 p.m., and at any other times designated by the county auditor.

    (((2) A registered voter may obtain a replacement ballot as provided in this subsection if the ballot is destroyed, spoiled, lost, or not received by the voter.  A registered voter seeking a replacement ballot shall sign a sworn statement that the ballot was destroyed, spoiled, lost, or not received and shall present the statement to the county auditor no later than the day of the election.  Each spoiled ballot must be returned to the county auditor before a new one is issued.  The county auditor shall keep a record of each replacement ballot provided under this subsection.))

    Sec. 28.  RCW 29.36.126 and 1993 c 417 s 4 are each amended to read as follows:

    RETURN OF VOTED BALLOT BY VOTER.  ((Upon receipt of the mail ballot, the voter shall mark it, sign the return identification envelope supplied with the ballot, and comply with the instructions provided with the ballot.  The voter may return the marked ballot to the county auditor.  The ballot must be returned)) The voter shall return the ballot to the county auditor in the return identification envelope.  If mailed, a ballot must be postmarked not later than the date of the primary or election.  Otherwise, the ballot must be deposited at the office of the county auditor or the designated place of deposit not later than 8:00 p.m. on the date of the primary or election.

    Sec. 29.  RCW 29.36.130 and 1993 c 417 s 5 are each amended to read as follows:

    BALLOT CONTENTS‑-COUNTING.  All mail ballots authorized by RCW 29.36.120 or 29.36.121 ((shall)) (as recodified by this act) or section 26 of this act must contain the same offices, names of nominees or candidates, and propositions to be voted upon, including precinct offices, as if the ballot had been voted in person at the polling place.  Except as otherwise provided ((in this chapter)) by law, mail ballots ((shall)) must be ((issued and canvassed)) treated in the same manner as absentee ballots issued ((pursuant to)) at the request of the voter.  ((The county canvassing board, at the request of the county auditor, may direct that mail ballots be counted on the day of the election.  If such count is made, it must be done in secrecy in the presence of the canvassing board or their authorized representatives and the results not revealed to any unauthorized person until 8:00 p.m. or later if the auditor so directs.))  If electronic vote tallying devices are used, political party observers ((shall be afforded)) must be given the opportunity to be present, and a test of the equipment must be performed as required by RCW 29.33.350 ((prior to the count of)) before tabulating ballots.  Political party observers may select at random ballots to be counted manually as provided by RCW 29.54.025.  Any violation of the secrecy of ((such)) the count ((shall be)) is subject to the same penalties as provided for in RCW 29.85.225.

NEW SECTION. Sec. 30.  RULES.  The secretary of state shall adopt rules to:

    (1) Establish standards and procedures to prevent fraud and to facilitate the accurate processing and canvassing of mail ballots;

    (2) Establish standards and procedures to guarantee the secrecy of mail ballots;

    (3) Provide uniformity among the counties of the state in the conduct of mail ballot elections; and

    (4) Provide for requests for a replacement ballot at a mail ballot election to be made electronically.

    The secretary of state shall produce and furnish envelopes and instructions for mail ballot elections for all out-of-state, overseas voters, and service voters.

NEW SECTION. Sec. 31.  PENALTY.  A person who willfully violates any provision of this chapter regarding the conduct of mail ballot primaries or elections is guilty of a class C felony punishable under RCW 9A.20.021.

                             PART III

                     POLLING PLACE REGULATIONS

    Sec. 32.  RCW 29.36.050 and 1987 c 346 s 13 are each amended to read as follows:

    A registered voter shall not be allowed to vote a regular ballot in the precinct in which he or she is registered at any election or primary for which that voter has ((cast)) requested an absentee ballot or if the voter is an ongoing absentee voter.  A registered voter who has requested an absentee ballot for a primary or special or general election or who is an ongoing absentee voter but chooses to vote at the voter's precinct polling place in that primary or election ((shall cast a ballot in the manner prescribed by RCW 29.10.127 for challenged ballots)) must be issued and allowed to cast a special ballot.  The canvassing board shall not count the ballot if it finds that the voter has also voted by absentee ballot in that primary or election.

    Sec. 33.  RCW 29.54.085 and 1990 c 59 s 33 are each amended to read as follows:

    (1) The ballots picked up from the precincts during the polling hours may be ((counted)) initially and finally processed, but not tabulated, before the polls have closed.  ((Election returns from the count of these ballots)) Results of paper ballots that were tabulated at precinct polling sites before the close of polls under RCW 29.54.018 must be held in secrecy until the polls have been closed ((as provided by RCW 29.54.018)).

    (2) Upon breaking the seals and opening the ballot containers from the precincts or opening the inner security envelopes for absentee ballots, all voted ballots shall be manually inspected for damage, write-in votes, and incorrect or incomplete marks.  If it is found that any ballot is damaged or has incorrect or incomplete marks so that it cannot properly be counted by the vote tallying system, a true duplicate copy shall be made of the ((damaged)) original ballot in the presence of witnesses and substituted for the ((damaged)) original ballot.  All ((damaged)) original ballots for which a true duplicate copy has been made shall be kept by the county auditor until sixty days after the primary or election.  Ballots may not be enhanced, except that where a voter makes a write-in vote but fails to otherwise mark a ballot indicating that a write-in vote has been made, the ballot may be enhanced by making the mark indicating that a write-in vote has been made.

Notice of the making of true duplicate copies of original ballots or enhancing ballots, as authorized in this subsection, shall be made in the same manner as notice of a special meeting is made under RCW 42.30.080 and shall also be made to the chair of the county central committee of each major political party in the county.

    (3) The returns produced by the vote tallying system, to which have been added the counts of questioned ballots, write-in votes, and absentee votes, constitute the official returns of the primary or election in that county.

                              PART IV

                             TECHNICAL

NEW SECTION. Sec. 34.  The following acts or parts of acts are each repealed:

(1) RCW 29.36.122 (Special election by mail--Sending ballots to voters) and 1994 c 57 s 50, 1993 c 417 s 3, & 1983 1st ex.s. c 71 s 2; and

(2) RCW 29.36.139 (Mail ballots--Counting requirements--Challenge) and 1993 c 417 s 6 & 1983 1st ex.s. c 71 s 6.

NEW SECTION. Sec. 35.  (1) RCW 29.36.010, 29.36.013, 29.36.170, 29.36.030, 29.36.035, 29.36.045, 29.36.060, 29.36.070, 29.36.075, 29.36.097, 29.36.100, 29.36.150, and 29.36.160 are each recodified within chapter 29.36 RCW, in the order shown in this act, along with sections 7, 8, 14, and 15 of this act.

    (2) RCW 29.36.120, 29.36.121, 29.36.124, 29.36.126, and 29.36.130 are each recodified, and, along with sections 26, 30, and 31 of this act, constitute a new chapter in Title 29 RCW.

    (3) RCW 29.36.050 is recodified as a new section in chapter 29.51 RCW.

NEW SECTION. Sec. 36.  Section captions and part headings used in this act are not part of the law."

    Correct the title.

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