5744 AMH SGOA MORI 037

SB 5744 - H COMM AMD

By Committee on State Government Operations & Accountability

   Strike everything after the enacting clause and insert the following:

   "Sec. 1. RCW 29A.48.010 and 2004 c 266 s 14 are each amended to read as follows:

   (1) Before January 1, 2012:

   (a) With express authorization from the county legislative authority, the county auditor may conduct all primary, special, and general elections entirely by mail ballot. The county legislative authority must give the county auditor at least ninety days' notice before the first election to be conducted entirely by mail ballot. If the county legislative authority and the county auditor decide to return to a polling place election environment, the county legislative authority must give the county auditor at least one hundred eighty days' notice before the first election to be conducted using polling places. Authorization under this subsection must apply to all primary, special, and general elections conducted by the county auditor.

   (b) The county auditor may designate any precinct having fewer than two hundred active registered voters at the time of closing of voter registration as provided in RCW 29A.08.140 as a mail ballot precinct. ((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.)) Authorization from the county legislative authority is not required to designate a precinct as a mail ballot precinct under this subsection. In determining the number of registered voters in a precinct for the purposes of this section, persons who are ongoing absentee voters under RCW 29A.40.040 shall not be counted. Nothing in this section may be construed as altering the vote tallying requirements of RCW 29A.60.230.

   (c) If the county legislative authority and county auditor determine under (a) of this subsection, or if the county auditor determines under (b) of this subsection, 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.

   (2) Effective January 1, 2012, all primary, special, and general elections must be conducted entirely by mail ballot. A county legislative authority may petition the secretary of state to conduct elections in a polling place environment for up to two years after January 1, 2012. The secretary of state may allow such a county to conduct elections in a polling place environment for any period of time up to January 1, 2014, after which the county must conduct all elections entirely by mail ballot.

   (3) Before changing a county or precinct from a polling place election environment to an all-mail election environment, the county auditor shall notify each affected registered voter by mail that for all future primaries and elections the voting will be by mail ballot only. The auditor shall mail each active voter a ballot at least eighteen days before a primary, general election, or special election. The auditor shall send each inactive voter either a ballot or an application to receive a ballot at least eighteen days before a primary, general election, or special election. 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. The requirements regarding certification, reporting, and the mailing of overseas and military ballots in RCW ((29.36.270)) 29A.40.070 apply to elections conducted by mail ballot ((precincts)).

   ((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.))

   (4) All vote by mail elections must provide voting access to individuals with disabilities as provided in chapter 29A.46 RCW."

EFFECT: Requires all elections to be conducted by mail beginning January 1, 2012. Allows a county legislative authority to petition the Secretary of State to extend this date for up to two years. Requires all elections conducted by mail to provide voting access to individuals with disabilities.