SSB 5499 -
By Senator Morton
NOT ADOPTED 03/11/2005
On page 1, after line 2 of the amendment, insert the following:
"NEW SECTION. Sec. 1 The legislature finds that a person's right
to privacy with respect to his or her vote for an elective office is of
the highest importance, and it is the duty of the legislature to do
everything within the constitutional limitations of its power to
protect that privacy. It is the intent of the legislature to protect
each person's vote by disallowing the practice of altering, defacing,
removing, covering, or destroying by any means a vote of a citizen.
NEW SECTION. Sec. 2 A new section is added to chapter 29A.04 RCW
to read as follows:
"Mark of identification" means any mark, symbol, sign, spot, dot,
or speck placed on a ballot that either does not follow the rules of
the voting procedure provided for in the voting directions or has the
potential to link a ballot to a particular voter. A vote for a
candidate on a ballot that fully adheres to the rules of the voting
procedure provided for in the voting directions is not a mark of
identification.
NEW SECTION. Sec. 3 A new section is added to chapter 29A.04 RCW
to read as follows:
"Ballot enhancement" is the process of adding, modifying, or
covering marks of identification on a ballot to ensure that the
electronic voting equipment will tally the votes on the ballot in the
manner intended by the voter, or as directed by the canvassing board."
Renumber the remaining sections consecutively and correct any internal references accordingly.
SSB 5499 -
By Senator Morton
NOT ADOPTED 03/11/2005
On page 12, beginning on line 31 of the amendment, strike all of section 11 and insert the following:
"NEW SECTION. Sec. 11 A new section is added to chapter 29A.60
RCW to read as follows:
(1) Ballots may not be enhanced, as defined in section 3 of this
act. If a ballot is rejected by a tabulating machine during the
tallying or machine recount process, the ballot must be separated from
all other validly tabulated ballots and later considered by the
canvassing board. If the voter did not follow the rules of the voting
procedure provided for in the voting directions, the canvassing board
is prohibited from inferring intent or enhancing or duplicating a
ballot and must reject the ballot as invalid. Any mark of
identification, as defined in section 2 of this act, on a ballot,
invalidate the ballot.
(2) A ballot may not be enhanced or duplicated for any reason."
SSB 5499 -
By Senator Morton
NOT ADOPTED 03/11/2005
On page 22, line 12 of the title amendment, after "29A.84.650;" insert "adding new sections to chapter 29A.04 RCW;" and on line 15 of the title amendment, after "RCW;" insert "creating a new section;"
EFFECT: (1) Defines "mark of identification";
(2) Defines "ballot enhancement";
(3) Prohibits ballot enhancement and duplication;
(4) Prohibits inference of intent by canvassing boards; and
(5) Requires that canvassing boards reject ballots if the voter did
not follow voting directions.