SSB 5499 -
By Senator Roach
ADOPTED 03/12/2005
On page 9, beginning on line 26 of the amendment, strike all of section 6 and insert the following:
"NEW SECTION. Sec. 6 A new section is added to chapter 29A.40
RCW to read as follows:
(1) The county auditor shall accept and count absentee ballots for
persons serving in the United States armed forces stationed outside the
United States in accordance with this section and RCW 29A.40.110. For
a member of the armed forces stationed outside the United States who
receives an absentee ballot on or after the date of the election, in
order to have his or her ballot counted, he or she must attach an
affidavit signed by the person and his or her commanding officer,
stating the date on which the ballot was received.
(2) All absentee ballots received from persons under subsection (1)
of this section at any time whether before or after certification of
the election, until any and all recounts have concluded and been
certified, shall be counted.
Sec. 7 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 envelopes for
any primary or election may begin ((on or after the tenth day before
the primary or election)) upon receipt. The tabulation of absentee
ballots must not commence until after 8:00 p.m. on the day of the
primary or election.
(2) All received absentee return envelopes must be placed in secure
locations from the time of delivery to the county auditor until their
subsequent opening. After opening the return envelopes, the county
canvassing board 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 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 envelope that contains the
security envelope and absentee ballot. They 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 stationed in the United States, 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 service voters stationed
outside the United States, 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 unless there is an affidavit included with the
ballot in accordance with section 6 of this act, in which case section
6 of this act determines validity with regard to the time of voting.
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."
Renumber the remaining sections consecutively and correct any internal references accordingly.
SSB 5499 -
By Senator Roach
ADOPTED 03/12/2005
On page 22, line 12 of the title amendment, after "29A.84.650;" strike "adding a new section" and insert "adding new sections"
EFFECT: Allows the vote of overseas military voters to count even if the voter's ballot was received by the county auditor after certification if the ballot is accompanied by an affidavit attesting to the fact the ballot was received on or after the election date, if the election is still in question.