5499-S.E AMH .... REIL 147

ESSB 5499 - H AMD TO H AMH (5499-S.E AMH HUNS REIL 151)

By Representative ____________

   On page 3 of the striking amendment, line 35, after "voter." insert "The return envelope must provide a space for the voter to write in his or her birth date or the date of registration as indicated on his or her voter identification card. The envelope must include a space requesting the voter's telephone number so that the auditor could easily contact the voter if there were a problem with the voter's ballot; however, it must be noted that providing this information is optional."

   On page 3 of the striking amendment, line 37, after "oath." strike "It must also contain a space that the voter may include a telephone number."

   On page 4 of the striking amendment, line 8, after "signature" insert ", birth date,"

   On page 5 of the striking amendment, line 28, after "birth" insert "or the date of registration as indicated on the voter identification card"

   On page 6 of the striking amendment, beginning on line 31, strike all of section 8 and insert the following:

   "NEW SECTION. Sec. 8. A new section is added to chapter 29A.60 RCW to read as follows:

   (1) When processing the outside envelope of an absentee or provisional ballot, the signature on the envelope and the birth date or date of voter registration, as it appears on the voter registration card, shall be matched against the signature and birth date or registration date on the voter's registration file. A signature match by itself is insufficient for proof of identification and the ballot will not be counted unless a birth date or date of voter registration match is also made.

   (2) If the voter neglects to include his or her birth date or date of voter registration, the auditor shall notify the voter by telephone and advise the voter of the correct procedures for providing the necessary information. If the auditor is not able to provide the information personally to the voter by telephone, then the voter must be contacted by first class mail and advised of the correct procedures for providing the missing information. Leaving a voice mail message for the voter is not to be considered as personally contacting the voter. In order for the ballot to be counted, the voter must either:

   (a) Appear in person and complete the missing information on the envelope no later than the day before the certification of the primary or election; or

   (b) Return a copy of the envelope provided by the auditor, and return it with a birth date or voter registration date included to the auditor no later than the day before the certification of the primary or election.

   (3) If the voter neglects to sign the outside envelope of an absentee or provisional ballot, the auditor shall notify the voter by telephone and advise the voter of the correct procedures for completing the unsigned affidavit. If the auditor is not able to provide the information personally to the voter by telephone, then the voter must be contacted by first class mail and advised of the correct procedures for completing the unsigned affidavit. Leaving a voice mail message for the voter is not to be considered as personally contacting the voter. In order for the ballot to be counted, the voter must either:

   (a) Appear in person and sign the envelope no later than the day before the certification of the primary or election; or

   (b) Sign a copy of the envelope provided by the auditor, and return it to the auditor no later than the day before the certification of the primary or election.

   (4) (a) If the handwriting of the signature on an absentee or provisional ballot envelope is not the same as the handwriting of the signature on the registration file, the auditor shall notify the voter by telephone and advise the voter of the correct procedures for updating his or her signature on the voter registration file. If the auditor is not able to provide the information personally to the voter by telephone, then the voter must be contacted by first class mail and advised of the correct procedures for completing the unsigned affidavit. Leaving a voice mail message for the voter is not to be considered as personally contacting the voter. In order for the ballot to be counted, the voter must either:

   (i) Appear in person and sign a new registration form no later than the day before the certification of the primary or election; or

   (ii) Sign a copy of the affidavit provided by the auditor and return it to the auditor no later than the day before the certification of the primary or election. If the signature on the copy of the affidavit does not match the signature on file, the ballot will not be counted.

   (b) If the signature on an absentee or provisional ballot envelope is not the same as the signature on the registration file because the name is different, the ballot may be counted as long as the handwriting is clearly the same. The auditor shall send the voter a change-of-name form under RCW 29A.08.440 and direct the voter to complete the form.

   (c) If the signature on an absentee or provisional ballot envelope is not the same as the signature on the registration file because the voter used initials or a common nickname, the ballot may be counted as long as the surname and handwriting are clearly the same.

   (5) A voter may not cure a missing or mismatched signature for purposes of counting the ballot in a recount.

   (6) A record must be kept of the date on which the voter was contacted or the notice was mailed, as well as the date on which the voter signed the envelope or a copy of the envelope, or completed the missing birth date or registration date. That record is a public record under chapter 42.17 RCW and may be disclosed to interested parties on written request."

EFFECT: Requires that absentee and provisional voters must include their date of birth or date of voter registration on the outer envelope. The date of birth or the voter registration date must be matched, in addition to the signature, for the ballot to be counted.