SSB 5219 -
By Senator Schoesler
NOT ADOPTED 03/07/2005
On page 8, after line 37 of the amendment, insert the following:
"Sec. 11 RCW 29A.40.091 and 2004 c 271 s 135 are each amended to
read as follows:
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
instructions that accompany an absentee ballot for a partisan primary
must include instructions for voting the applicable ballot style, as
provided in chapter 29A.36 RCW. The larger 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 election, together with a summary of the penalties
for any violation of any of the provisions of this chapter. The 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 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
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)) in accordance with the time requirements of RCW
29A.40.110.
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.
Sec. 12 RCW 29A.40.110 and 2003 c 111 s 1011 are each amended to
read as follows:
(1) The opening and subsequent processing of 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 return identification envelopes, the county
canvassing board or its representative shall place all of the ballots
in secure storage until after 8:00 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.
(3) Before opening a returned absentee ballot, the canvassing
board, or its designated representatives, shall examine the postmark,
statement, and signature on the return identification envelope that
contains the security envelope and absentee ballot. ((They)) 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 is in the office of the county auditor before the close
of the polls on the day of the primary or election for which it was
issued. However, an absentee ballot from an out-of-state, overseas, or
service voter may be counted if it was mailed no later than the day of
the primary or election for which it was issued. The canvassing board
or its representative 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 identification envelope to
which the voter has attested determines the validity, as to the ((time
of voting)) date of mailing 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 identification envelope to which
the voter has attested determines the validity as to the ((time of
voting)) date of mailing for that absentee ballot. For any absentee
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. 13 RCW 29A.48.050 and 2003 c 111 s 1205 are each amended to
read as follows:
The voter shall return the ballot to the county auditor in the
return identification envelope. ((If)) Whether mailed or returned
otherwise, 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)) returned
in accordance with the time requirements as provided for an absentee
ballot under RCW 29A.40.110."
Renumber the sections following consecutively and correct internal references accordingly.
SSB 5219 -
By Senator Schoesler
NOT ADOPTED 03/07/2005
On page 9, after line 29 of the amendment, insert the following:
"Sec. 12 RCW 29A.60.160 and 2003 c 111 s 1516 are each amended to
read as follows:
At least every third day after a primary or election and before
certification of the election results, except Sundays and legal
holidays, the county auditor, as delegated by the county canvassing
board, shall process absentee ballots and canvass the votes cast at
that primary or election, if the county auditor is in possession of
more than twenty-five ballots that have yet to be canvassed. The
county auditor, as delegated by the county canvassing board, may use
his or her discretion in determining when to process the remaining
absentee ballots and canvass the votes during the final four days
before the certification of election results in order to protect the
secrecy of any ballot. In counties where this process has not been
delegated to the county auditor, the county auditor shall convene the
county canvassing board to process absentee ballots and canvass the
votes cast at the primary or election as set forth in this section.
Each absentee ballot previously not canvassed that was received by
the county auditor two days or more before processing absentee ballots
and canvassing the votes as delegated by or processed by the county
canvassing board, that ((either was received by the county auditor
before the closing of the polls on the day of the primary or election
for which it was issued, or that bears a postmark on or before the
primary or election for which it was issued)) was returned in
accordance with the time requirements as provided for an absentee
ballot under RCW 29A.40.110, must be processed at that time. The
tabulation of votes that results from that day's canvass must be made
available to the general public immediately upon completion of the
canvass."
Renumber the sections following consecutively and correct internal references accordingly.
SSB 5219 -
By Senator Schoesler
NOT ADOPTED 03/07/2005
On page 31, line 3 of the title amendment, after "29A.40.070," insert "29A.40.091, 29A.40.110, 29A.48.050," and in line 4 of the title amendment after "29A.56.030," insert "29A.60.160,"
EFFECT: (1) Requires that absentee ballots be due by election
day;
(2) Allows military, out-of-state, and overseas voters to return
absentee ballots after election day.