BILL REQ. #:  H-3644.1 

Read first time 01/10/2006.   Referred to Committee on State Government Operations & Accountability.

     AN ACT Relating to clarifying canvassing standards for special absentee ballots; and amending RCW 29A.40.050.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 29A.40.050 and 2003 c 111 s 1005 are each amended to read as follows:
     (1) As provided in this section, county auditors shall provide special absentee ballots to be used for state primary or state general elections. An auditor shall provide a special absentee ballot only to a registered voter who completes an application stating that she or he will be unable to vote and return a regular absentee ballot by normal mail delivery within the period provided for regular absentee ballots.
     The application for a special absentee ballot may not be filed earlier than ninety days before the applicable state primary or general election. The special absentee ballot will list the offices and measures, if known, scheduled to appear on the state primary or general election ballot. The voter may use the special absentee ballot to write in the name of any eligible candidate for each office and vote on any measure.
     (2) With any special absentee ballot issued under this section, the county auditor shall include a listing of any candidates who have filed before the time of the application for offices that will appear on the ballot at that primary or election and a list of any issues that have been referred to the ballot before the time of the application.
     (3) Write-in votes on special absentee ballots must be counted in the same manner provided by law for the counting of other write-in votes. The county auditor shall process and canvass the special absentee ballots provided under this section in the same manner as other absentee ballots under this chapter and chapter 29A.60 RCW. However, a special absentee ballot of an overseas voter or a service voter may not be counted:
     (a) In the case of a ballot submitted by an overseas voter who is not a service voter, if the ballot is submitted from any location in the United States;
     (b) If the application of the overseas voter or service voter does not include the overseas voter or service voter's name, complete residence address, date of birth, and a signature attesting to the truth of the information provided on the application;
     (c) If the application of the overseas voter or service voter for a regular absentee ballot is received by the county auditor after the later date of:
     (i) The deadline for receipt of such application; or
     (ii) The date that is thirty days before the general or special election; or
     (d) If a regular absentee ballot of an overseas voter or service voter is received by the county auditor by the deadline for receipt of other absentee ballots under this chapter and chapter 29A.60 RCW.
     (4) A voter who requests a special absentee ballot under this section may also request an absentee ballot under RCW 29A.40.020(4). If the regular absentee ballot is properly voted and returned, the special absentee ballot is void, and the county auditor shall reject it in whole when special absentee ballots are canvassed.