BILL REQ. #:  S-0155.1 

Read first time 01/12/2005.   Referred to Committee on Government Operations & Elections.

     AN ACT Relating to election ballot requirements; amending RCW 29A.08.625, 29A.40.091, and 29A.84.130; and prescribing penalties.

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

Sec. 1   RCW 29A.08.625 and 2003 c 111 s 240 are each amended to read as follows:
     (1) A voter whose registration has been made inactive under this chapter and who offers to vote at an ensuing election before two federal elections have been held must be allowed to vote a regular ballot and the voter's registration restored to active status.
     (2) A voter whose registration has been properly canceled under this chapter shall vote a provisional ballot. The voter shall mark the provisional ballot in secrecy, the ballot placed in a security envelope, the security envelope placed in a provisional ballot envelope, and the reasons for the use of the provisional ballot noted. The provisional ballot envelope shall have a place for the voter to mark that he or she is a citizen of the United States and the notation, "Check here if you are a citizen of the United States." Failure to place a mark indicating citizenship on the provisional ballot envelope does not affect the validity of the ballot.
     (3) Upon receipt of such a voted provisional ballot the auditor shall investigate the circumstances surrounding the original cancellation. If he or she determines that the cancellation was in error, the voter's registration must be immediately reinstated, and the voter's provisional ballot must be counted. If the original cancellation was not in error, the voter must be afforded the opportunity to reregister at his or her correct address, and the voter's provisional ballot must not be counted.

Sec. 2   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. The return envelope shall have a place for the voter to mark that he or she is a citizen of the United States and the notation, "Check here if you are a citizen of the United States." Failure to place a mark indicating citizenship on the return envelope does not affect the validity of the ballot. 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.
     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. 3   RCW 29A.84.130 and 2003 c 111 s 2107 are each amended to read as follows:
     Any person who:
     (1) Knowingly provides false information on an application for voter registration under any provision of this title;
     (2) Knowingly makes or attests to a false declaration as to his or her qualifications as a voter;
     (3) Knowingly causes or permits himself or herself to be registered using the name of another person;
     (4) Knowingly causes himself or herself to be registered under two or more different names;
     (5) Knowingly causes himself or herself to be registered in two or more counties;
     (6) Offers to pay another person to assist in registering voters, where payment is based on a fixed amount of money per voter registration;
     (7) Accepts payment for assisting in registering voters, where payment is based on a fixed amount of money per voter registration; ((or))
     (8) Knowingly causes any person to be registered or causes any registration to be transferred or canceled except as authorized under this title; or
     (9) Knowingly falsely marks a provisional ballot envelope or absentee ballot return envelope that he or she is a citizen of the United States,
is guilty of a class C felony punishable under RCW 9A.20.021.