AN
ACT Relating to ballots cast by mail; amending 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,
29.36.100, 29.36.160, 29.36.121, 29.36.124, 29.36.126, 29.36.130, 29.04.055,
and 29.62.090; reenacting and amending RCW 29.36.120; adding new sections to
chapter 29.36 RCW; adding a new section to chapter 29.51 RCW; adding a new
chapter to Title 29 RCW; creating a new section; recodifying RCW 29.36.010,
29.36.013, 29.36.170, 29.36.030, 29.30.075, 29.36.035, 29.36.045, 29.36.060,
29.36.070, 29.36.075, 29.36.097, 29.36.100, 29.36.150, 29.36.160, 29.36.120,
29.36.121, 29.36.124, 29.36.126, 29.36.130, and 29.36.050; repealing RCW
29.36.122 and 29.36.139; and prescribing penalties.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
PART
I
ABSENTEE
VOTING
Sec.
1. 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. 2. 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 before 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 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. 3. A
new section is added to chapter 29.36 RCW to read as follows:
REQUESTING
ABSENTEE BALLOT FOR FAMILY MEMBER. A member of a registered voter's family may
request an absentee ballot on behalf of and for use by the 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, 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 deny a request
that is not accompanied by this information.
Sec.
4. RCW
29.36.013 and 1999 c 298 s 12 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;
(4)
The return of an ongoing absentee ballot as undeliverable; or
(5)
Upon placing a voter on inactive status under RCW 29.10.071.
Sec.
5. 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 2(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.
6. 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. The ballot must
provide space designated for writing in the name of additional candidates.
((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 and is available to the
county auditor at the time of mailing. 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.
7. 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.
8. 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.
If
the county auditor chooses to forward absentee ballots, he or she must include
with the ballot a clear explanation of the qualifications necessary to vote in
that election and must 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, on an enclosed insert, or printed directly on the ballot
itself. If the information is not included, the envelope must clearly indicate
that the ballot is not to be forwarded and that return postage is guaranteed.
NEW
SECTION. Sec. 9. A
new section is added to chapter 29.36 RCW to read as follows:
OBSERVERS.
County auditors must request that observers be appointed by the major political
parties to be present during the processing of absentee ballots. The absence
of the observers will not prevent the processing of absentee ballots if the
county auditor has requested their presence.
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
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 envelopes, the county canvassing board shall place all
of the ballots ((envelopes in containers that can be secured with
numbered seals. These sealed containers shall be stored)) in ((a))
secure ((location)) storage 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 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.
Sec.
11. 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 district 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.
12. RCW
29.36.075 and 1988 c 181 s 3 are each amended to read as follows:
CREDIT
FOR VOTING. ((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.
13. 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.
14. RCW
29.36.160 and 1994 c 269 s 2 are each amended to read as follows:
PENALTY.
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.
PART
II
MAIL
BALLOTS
Sec.
15. 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.
16. 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)) twenty days before the
date of such election, ((mail or deliver)) make available 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.))
NEW
SECTION. Sec. 17.
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.
18. 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 thirteen hours, beginning at 7:00 a.m. and ending
at 8:00 p.m.
(2)
A registered voter may obtain a replacement ballot as provided in this
subsection if the ballot is destroyed, ((spoiled)) damaged, 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.)) A voter may request a
replacement mail ballot in person, by mail, by telephone, or by other
electronic transmission for himself or herself and for any member of his or her
immediate family. The request must be received by the auditor before 8:00 p.m.
on election day. The county auditor shall keep a record of each
replacement ballot ((provided under this subsection)) issued,
including the date of the request. Replacement mail ballots may be counted in
the final tabulation of ballots only if the original ballot is not received by
the county auditor and the replacement ballot meets all requirements for
tabulation necessary for the tabulation of regular mail ballots.
Sec.
19. 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.
20. 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 17 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. 21.
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
REPORTING
Sec.
22. RCW
29.04.055 and 1986 c 167 s 3 are each amended to read as follows:
COMBINING
OR DIVIDING PRECINCTS, ELECTION BOARDS. At any ((election, general or))
special election((,)) or ((at any)) primary, the county
auditor may combine, unite, or divide precincts and may combine or unite
election boards for the purpose of holding such election. At any general
election, the county auditor may combine or unite election boards for the
purpose of holding such election, but shall report all election returns by
individual precinct.
*Sec.
23.
RCW 29.62.090 and 1999 c 298 s 21 are each amended to read as follows:
ABSTRACT
BY ELECTION OFFICER--TRANSMITTAL TO SECRETARY OF STATE.
(1) Immediately after the official results of a state primary ((or general
election)) in a county are ascertained, the county auditor or other
election officer shall make an abstract of the number of registered voters in
each precinct and of all the votes cast in the county at such state primary ((or
general election)) for and against state measures and for each candidate
for federal, state, and legislative office or for any other office which the
secretary of state is required by law to canvass. The abstract shall be
entered on blanks furnished by the secretary of state or on compatible computer
printouts approved by the secretary of state, and transmitted to the secretary
of state no later than the next business day following the certification by the
county canvassing board.
(2)
After each general election, the county auditor or other election officer shall
((provide to the secretary of state a report)) make an abstract
of the number of ((absentee)) registered voters and all ballots
cast in each precinct at such general election for and against state
measures and for each candidate for federal, state, and legislative office or
for any other office which the secretary of state is required by law to
canvass. ((The report may be included in the abstract required by this
section or may be transmitted to the secretary of state separately, but in no
event later than March 31 of the year following the election.)) Absentee
ballot results may be incorporated into votes cast at the polls for each
precinct or may be reported separately on a precinct-by-precinct basis. The
abstract shall be entered on blanks furnished by the secretary of state or on
compatible computer printouts approved by the secretary of state, and
transmitted to the secretary of state no later than the next business day
following the certification by the county canvassing board.
(3)
If absentee ballot results are not incorporated into votes cast at the polls,
the county auditor or other election official may aggregate results from more
than one precinct if the auditor, pursuant to rules adopted by the secretary of
state, finds that reporting a single precinct's absentee ballot results would
jeopardize the secrecy of a person's ballot. To the extent practicable,
precincts for which absentee results are aggregated shall be contiguous.
*Sec. 23 was vetoed. See message at end of chapter.
PART
IV
TECHNICAL
NEW
SECTION. Sec. 24. 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. 25. (1)
RCW 29.36.010, 29.36.013, 29.36.170, 29.36.030, 29.30.075, 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
listed, along with sections 2, 3, and 9 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 17 and 21 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. 26.
Section captions and part headings used in this act are not part of the law.
