H-0837.1  _______________________________________________

                          HOUSE BILL 1331

          _______________________________________________

State of Washington      57th Legislature     2001 Regular Session

By Representatives Ericksen and D. Schmidt

Read first time 01/24/2001.  Referred to Committee on State Government.

Requiring absentee ballots to be signed by election day.

    AN ACT Relating to the time for signing absentee and mail ballots; and amending RCW 29.36.060 and 29.36.139.

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

    Sec. 1.  RCW 29.36.060 and 1991 c 81 s 32 are each amended to read as follows:

    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 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 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 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 security envelopes and all the normal procedural steps may be performed to prepare these ballots for tabulation before sealing the containers.

    The canvassing board shall examine the postmark, statement, and signature on each return identification 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 is the same as that in the registration files for that voter.  The date of mailing is the postmark date.  However, for absentee voters other than ((out-of-state voters,)) overseas voters((,)) and service voters, if the postmark is illegible, and for overseas voters and service voters, the date on the return identification envelope to which the voter attests shall determine the validity, as to the ((time of voting)) date of mailing, of that absentee ballot under this chapter.  For any absentee voter, a variation between the signature of the voter on the return envelope and that 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.

    Sec. 2.  RCW 29.36.139 and 1993 c 417 s 6 are each amended to read as follows:

    (1) A mail ballot shall be counted only if it is returned in the return identification envelope, if the envelope is signed by the registered voter to whom the ballot is issued and was returned or has a date of mailing as provided for an absentee ballot under RCW 29.36.060, and if the signature is verified as provided in this subsection.  The county auditor shall verify the signature of each voter on the return identification envelope with the signature on the voter's registration record.  A person who votes or attempts to vote more than once in a mail ballot election is subject to the penalties provided in chapter 29.85 RCW.

    (2) Any mail ballot may be challenged in the same manner as an absentee ballot.

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