BILL REQ. #:  S-0783.1 

Read first time 01/23/2003.   Referred to Committee on Government Operations & Elections.

     AN ACT Relating to election procedures; amending RCW 29.36.290, 29.36.310, 29.38.050, and 29.62.020; and adding a new section to chapter 29.36 RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 29.36 RCW to read as follows:
     An absentee ballot may be tabulated only if the voter complied with all instructions, including the voter signing the outer return identification envelope, and the absentee ballot was returned to the county auditor who issued the absentee ballot as follows:
     (1) If mailed from anywhere in the United States, the absentee ballot must either: (a) Be received by the county auditor no later than 8:00 p.m. on the day of the primary or election for which it was issued; or (b) have a date of mailing on or before the Friday immediately before the day of the primary or election for which it was issued and be received by the county auditor no later than 12:00 noon on the day the primary or election results are certified; or
     (2) If mailed by an overseas voter or service voter, the absentee ballot must have a date of mailing on or before the day of the election or primary for which it was issued and be received by the county auditor no later than 12:00 noon on the day the primary or election results are certified; or
     (3) The absentee ballot was deposited at a polling site in the county of the auditor who issued the absentee ballot, during normal voting hours of the primary or election for which it was issued; or
     (4) The absentee ballot was deposited with the county auditor who issued the absentee ballot no later than 8:00 p.m. on the date of the primary or election for which it was issued.
     The date of mailing is the date of the postmark appearing on the outer return envelope. However, if the postmark is missing or illegible, the date of mailing is the date a voter attests to voting, as shown on the outer return envelope.

Sec. 2   RCW 29.36.290 and 2001 c 241 s 8 are each amended to read as follows:
     The county auditor shall send each absentee voter a ballot, ((a)) an inner security envelope in which to seal the ballot after voting, a larger outer return identification 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 so that the ballot may be tabulated as provided under section 1 of this act. The ((larger)) outer return envelope 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 primary or election, together with a summary of the penalties for any violation of any of the provisions of this chapter. The outer return envelope 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 must be printed on the outer return envelope immediately adjacent to the space for the voter's signature. The signature of the voter on the return envelope 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 outer return envelope constitutes the equivalent of a voter registration for the election or primary for which the ballot has been issued. ((The voter 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)) inner security envelope, on an enclosed insert, or printed directly on the ballot itself. If the information is not included, the outer return envelope must clearly indicate that the ballot is not to be forwarded and that return postage is guaranteed.

Sec. 3   RCW 29.36.310 and 2001 c 241 s 10 are each amended to read as follows:
     (1) The opening and subsequent processing of outer return identification envelopes for any primary or election may begin on or after the tenth day before the primary or election. The tabulation of absentee ballots must not commence until after 8:00 p.m. on the day of the primary or election.
     (2) After opening the outer return envelopes, the county canvassing board or its representative shall place all of the ((ballots)) inner security envelopes in secure storage until after 8:00 p.m. of the day of the primary or election. However, absentee ballots that are to be tabulated ((on)) by 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 absentee ballots for tabulation.
     (3) Before opening a returned absentee ballot, the canvassing board, or its designated representatives, shall examine the postmark, statement, and signature on the outer return envelope that contains the inner security envelope and absentee ballot((. They)) and shall verify that the voter's signature on the return envelope is the same as the signature of that voter in the registration files of the county. ((For registered voters casting absentee ballots, 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 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)) An absentee ballot((,)) may be counted only if the proper voter signature on the outer return envelope was made by no later than 8:00 p.m. on the primary or election for which it was issued. A variation between the signature of the voter on the outer 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. 4   RCW 29.38.050 and 2001 c 241 s 19 are each amended to read as follows:
     The voter shall return the ballot to the county auditor in the outer return identification envelope. If ((mailed)) returned by mail, a mail ballot ((must be postmarked not later than the date of the primary or election)) may be tabulated only under the same conditions that an absentee ballot may be tabulated if it is returned by mail. Otherwise, ((the)) a mail ballot ((must be)) may be tabulated only if it was deposited at the office of the county auditor no later than 8:00 p.m. on the date of the primary or election for which it was issued or if it was deposited at the designated place of deposit not later than 8:00 p.m. on the date of the primary or election for which it was issued.

Sec. 5   RCW 29.62.020 and 1999 c 259 s 4 are each amended to read as follows:
     (1) At least every third day after a ((special election,)) primary((,)) or ((general)) election and before certification of the ((election)) results, except Sundays and legal holidays, the county auditor shall convene the county canvassing board or ((their)) its designees to process absentee ballots and canvass the votes cast at that ((special election,)) primary((,)) or ((general)) election, if the county auditor is in possession of more than twenty-five ballots that have yet to be canvassed. The county auditor may use his or her discretion in determining when to convene the canvassing board or ((their)) its designees during the final four days before the certification of ((election)) results in order to protect the secrecy of any ballot.
     Each absentee ballot previously not canvassed that was received by the county auditor two days or more before the convening of the canvassing board or ((their)) its designees and that either was received by the county auditor before the closing of the polls on the day of the(( special election,)) primary((,)) or ((general)) election for which it was issued, or that bears a date of mailing on or before the ((special election,)) primary((,)) or ((general)) election for which it was issued, must be processed at that time. The tabulation of votes ((that results)) resulting 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. The canvass report must include 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)) tabulated as provided under section 1 of this act.
     (3) At the request of any major political party 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.