6363-S.E AMH ERIC MORI 64

ESSB 6363 - H AMD TO H AMD (6363-S.E. AMH MCMO MORI 63)

By Representative Ericksen

     On page 8, beginning on line 33 of the amendment, strike all of section 10 and insert the following:

     "Sec. 10.  RCW 29.36.060 and 1991 c 81 s 32 are each amended to read as follows:

     PROCESSING ABSENTEE BALLOTS.  (1) The opening and subsequent processing of return identification envelopes for any primary or election may begin on or after the tenth day ((prior to such)) before the primary or election.  The opening of the security envelopes and tabulation of absentee ballots ((shall)) must not commence until after 8:00 ((o'clock)) p.m. on the day of the primary or election.

(2) After opening the return identification envelopes, the county canvassing board or its representative shall place all of the ((ballot)) inner security envelopes in containers that can be secured with numbered seals.  These sealed containers ((shall)) must 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.

(3) Before opening a return envelope that contains the inner security envelope and absentee ballot, the canvassing board, or its designated representatives, shall examine the postmark, statement, and signature ((on each return envelope containing the security envelope and absentee ballot)).  An absentee ballot may be counted only if the return identification envelope was signed by the date of the primary or election for which it was issued and was either returned before the close of the polls on the day of the primary or election for which it was issued or has a date of mailing by the date of the primary or election for which it was issued.  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.  The date of mailing is the postmark date.  However, 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)) date of mailing 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 date of mailing 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."

EFFECT: Prohibits an absentee ballot to be counted unless the voter to whom the ballot was issued signs the outer return envelope on or before the day of the primary or election for which it was issued.  Clarifies that the date of attestation on the return identification envelope for absentee, out-of-state, overseas, and service voters determines the validity of the date of mailing, instead of the date of voting.  Changes references to "return envelopes" to "return identification envelopes."