BILL REQ. #:  S-1009.1 

Read first time 01/26/2005.   Referred to Committee on Government Operations & Elections.

     AN ACT Relating to election reform; amending RCW 29A.04.530, 29A.04.570, 29A.40.110, 29A.60.210, 29A.64.030, 29A.64.061, 29A.64.081, and 29A.84.650; adding a new section to chapter 29A.08 RCW; adding a new section to chapter 29A.12 RCW; adding a new section to chapter 29A.36 RCW; adding a new section to chapter 29A.40 RCW; adding new sections to chapter 29A.44 RCW; adding new sections to chapter 29A.60 RCW; adding a new section to chapter 29A.64 RCW; adding a new section to chapter 29A.84 RCW; and prescribing penalties.

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

Sec. 1   RCW 29A.04.530 and 2003 c 111 s 151 are each amended to read as follows:
     The secretary of state shall:
     (1) Establish and operate, or provide by contract, training and certification programs for state and county elections administration officials and personnel, including training on the various types of election law violations and discrimination, and training programs for political party observers which conform to the rules for such programs established under RCW 29A.04.630;
     (2) Establish and operate, or provide by contract, training and certification programs for all election personnel assigned to verify signatures under RCW 29A.40.110 or section 11 of this act. The personnel may receive instruction from local or state law enforcement officials in techniques used to verify signatures and identify forgeries, including three-point verification processes;
     (3) Administer tests for state and county officials and personnel who have received such training and issue certificates to those who have successfully completed the training and passed such tests;
     (((3))) (4) Maintain a record of those individuals who have received such training and certificates; and
     (((4))) (5) Provide the staffing and support services required by the board created under RCW 29A.04.510.

Sec. 2   RCW 29A.04.570 and 2003 c 111 s 155 are each amended to read as follows:
     (1)(a) The election review staff of the office of the secretary of state shall conduct a formal review of election-related policies, procedures, and practices in all counties before the 2006 general election. Thereafter, the secretary shall conduct a formal review of thirteen counties every year, so that all counties will be reviewed once every three years, in conjunction with a county primary, special, or general election.
     (b) In addition to conducting reviews under (a) of this subsection, the election review staff may also conduct such a review in an affected county or counties:
     (i) If the unofficial returns of a primary or general election for a position in the state legislature indicate that a mandatory recount is likely for that position; or
     (ii) If unofficial returns indicate a mandatory recount is likely in a statewide election or an election for federal office; or
     (iii) If the secretary determines that a review is warranted based on a complaint filed with the secretary by a resident of this state alleging that an aspect of a primary or election has been conducted inappropriately in a county.
     Reviews conducted under (b)(ii) of this subsection ((shall)) may be performed in as many selected counties as time and staffing permit. If the secretary determines that reviews must be conducted as a result of mandatory recounts ((shall)), the reviews must be performed between the time the unofficial returns are complete and the time the recount is to take place, if possible.
     (((b) In addition to conducting reviews under (a) of this subsection, the election review staff shall also conduct such a review in a county periodically, in conjunction with a county primary or special or general election, at the direction of the secretary of state or at the request of the county auditor. If any resident of this state believes that an aspect of a primary or election has been conducted inappropriately in a county, the resident may file a complaint with the secretary of state. The secretary shall consider such complaints in scheduling periodic reviews under this section.))
     (c) Before an election review is conducted in a county, the secretary of state shall provide the county auditor of the affected county and the chair of the state central committee of each major political party with notice that the review is to be conducted. When a ((periodic)) review is to be conducted in a county at the direction of the secretary of state under (b)(iii) of this subsection, the secretary shall provide the affected county auditor not less than thirty days' notice.
     (2) Reviews shall be conducted in conformance with rules adopted under RCW 29A.04.630. In performing a review in a county under this chapter, the election review staff shall evaluate the policies and procedures established for conducting the primary or election in the county and the practices of those conducting it. As part of the review, the election review staff shall issue to the county auditor and the members of the county canvassing board a report of its findings and recommendations regarding such policies, procedures, and practices. A review conducted under this chapter shall not include any evaluation, finding, or recommendation regarding the validity of the outcome of a primary or election or the validity of any canvass of returns nor does the election review staff have any jurisdiction to make such an evaluation, finding, or recommendation under this title.
     (3) The county auditor of the county in which a review is conducted under this section is responsible for follow-up and corrective action on all formal review findings and recommendations. The auditor's plan for addressing each review finding and recommendation must be included in the final election review staff report. The plan must provide the name of the contact person responsible for each action, the action planned, and the anticipated completion date. If the auditor does not agree with the review findings and recommendations or believes action is not required, then the action plan must include an explanation and specific reasons. The secretary and the election administration and certification board may require periodic progress reports from the reviewed county until all resolution has occurred.
     (4) The reviewed county auditor or a member of the canvassing board of the county may appeal the findings or recommendations of the election review staff regarding the review by filing an appeal with the board created under RCW 29A.04.510.
     (5) The secretary of state may withhold any state or federal funds designated for election purposes from the county auditor if the board or the secretary find the county auditor has not submitted an adequate corrective action plan under subsection (3) of this section; or if the board finds the county auditor has not made adequate progress towards implementing the corrective action plan.

NEW SECTION.  Sec. 3   A new section is added to chapter 29A.08 RCW to read as follows:
     The county auditor shall make and preserve a copy of the county list of registered voters ten days before the primary or election. After certification of the election, the county auditor shall compare the number of votes cast at the election with the copy of the list of registered voters created under this section.

NEW SECTION.  Sec. 4   A new section is added to chapter 29A.12 RCW to read as follows:
     The secretary of state shall adopt, by rule, a schedule requiring voting and tallying systems to be compliant with the uniform card ballot. In developing the schedule, the secretary shall consider factors including but not limited to federal requirements to eliminate voting systems, age and working condition of voting systems currently in use, and voting system replacement schedules of the counties.

NEW SECTION.  Sec. 5   A new section is added to chapter 29A.36 RCW to read as follows:
     The secretary of state shall adopt, by rule, a standard uniform ballot card to be used in primary and general elections throughout the state. The secretary shall also, by rule, develop a schedule for counties to comply with the uniform ballot card requirement. In developing the schedule, the secretary shall consider factors including but not limited to federal requirements to eliminate voting systems, age and working condition of voting systems currently in use, and voting system replacement schedules of the counties.

Sec. 6   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, 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 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.

NEW SECTION.  Sec. 7   A new section is added to chapter 29A.40 RCW to read as follows:
     If the canvassing board, or its designated representatives, determines that the signature on the absentee or provisional ballot return envelope does not match the signature as it appears on the voter's original registration record, the county auditor shall notify the voter no later than three days after discovery of the mismatched signature by telephone or in writing, that the ballot cannot be processed because the signature on the return envelope does not match the signature as it appears on the voter's registration card. The county auditor shall also send the voter a new voter registration form and advise the voter that, in order for the ballot to be processed, the voter must update his or her signature by either filling out a new registration form and mailing it back to the auditor's office so that it arrives not later than the day before the certification of the primary or election; or appearing in person at the auditor's office not later than the day before certification of the primary or election and filling out a new registration form. A record must be kept of all ballots with mismatched signatures and must include the date on which the voter was contacted or on which the notice was mailed to the voter.
     If the voter neglects to sign the affidavit on the absentee or provisional return envelope, the auditor shall notify the voter, no later than three days after discovery of the unsigned envelope either by telephone or in writing, that the ballot will not be processed unless the voter appears in person and signs the affidavit on the return envelope not later than the day before certification of the primary or election. As an alternative to personal appearance, the auditor may provide the voter with a copy of the return envelope affidavit and require the voter to sign the copy of the affidavit and mail it back to the auditor so that it arrives no later than the day before certification of the primary or election.

NEW SECTION.  Sec. 8   A new section is added to chapter 29A.44 RCW to read as follows:
     Provisional ballots must be issued, along with a provisional ballot outer envelope and a security envelope, to voters as appropriate under RCW 29A.04.008. The provisional ballot outer envelope must include a place for the voter's name; registered address, both present and former if applicable; date of birth; reason for the provisional ballot; the precinct number and the precinct polling location at which the voter has voted; and a space for the county auditor to list the disposition of the provisional ballot. The provisional ballot outer envelope must also contain a declaration as required for absentee ballot outer envelopes under RCW 29A.40.091; a place for the voter to sign the oath; and a summary of the applicable penalty provisions of this chapter. The voter shall vote the provisional ballot in secrecy and, when done, place the provisional ballot in the security envelope, then place the security envelope into the outer envelope, and return it to the precinct election official. The election official shall ensure that the required information is completed on the outer envelope, have the voter sign it in the appropriate space, and place the envelope in a secure container. The official shall then give the voter written information advising the voter how to ascertain whether the vote was counted and, if applicable, the reason why the vote was not counted.

NEW SECTION.  Sec. 9   A new section is added to chapter 29A.44 RCW to read as follows:
     Provisional ballots shall be formatted in a manner to prevent them from being tabulated by poll-site ballot counting devices, and may be formatted in a manner to distinguish them from regular ballots when deposited in ballot boxes.

NEW SECTION.  Sec. 10   A new section is added to chapter 29A.44 RCW to read as follows:
     Any person desiring to vote at any primary or election is required to provide identification to the election officer before signing the poll book. The identification required in this section can be satisfied by providing a current and valid driver's license or state identification card, a copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and a photo, signature, or address of the voter. The name must match the name in the poll book and the identification must also provide a photo, signature, or matching address. Any individual who desires to vote in person but cannot provide identification shall be issued a provisional ballot. The secretary shall conduct an educational campaign to inform voters of the identification requirement under this section.

NEW SECTION.  Sec. 11   A new section is added to chapter 29A.60 RCW to read as follows:
     Before certification of the primary or election, the county auditor must examine and investigate all received provisional ballots to determine whether the ballot can be counted. The auditor shall provide the disposition of the provisional ballot and, if the ballot was not counted, the reason why it was not counted on a free access system such as a toll-free telephone number, web site, mail, or other means. A provisional ballot cannot be further investigated if the voter did not sign the provisional ballot envelope or if the signature on the envelope does not match the signature as it appears on the voter's registration card until the voter signs or updates his or her signature affidavit. The auditor must notify the voter in accordance with section 7 of this act when the envelope is unsigned or when the signatures do not match.

NEW SECTION.  Sec. 12   A new section is added to chapter 29A.60 RCW to read as follows:
     If inspection of the ballot reveals a physically damaged ballot or ballot that may be otherwise unreadable or uncountable by the tabulating system, the county auditor may refer the ballot to the county canvassing board or duplicate the ballot if so authorized by the county canvassing board. A ballot may be duplicated only if the intent of the voter's marks on the ballot is clear and the electronic voting equipment might not otherwise properly tally the ballot to reflect the intent of the voter. Ballots must be duplicated by teams of two or more people working together. When duplicating ballots, the county auditor shall take the following steps to create and maintain an audit trail of the action taken:
     (1) Each original ballot and duplicate ballot must be assigned the same unique control number, with the number being marked upon the face of each ballot, to ensure that each duplicate ballot may be tied back to the original ballot;
     (2) A log must be kept of the ballots duplicated, which must at least include:
     (a) The control number of each original ballot and the corresponding duplicate ballot;
     (b) The initials of at least two people who participated in the duplication of each ballot; and
     (c) The total number of ballots duplicated.
     Original and duplicate ballots must be sealed in secure storage at all times, except during duplication, inspection by the canvassing board, or tabulation.

Sec. 13   RCW 29A.60.210 and 2003 c 111 s 1521 are each amended to read as follows:
     Whenever the canvassing board finds during the initial counting process, or during any subsequent recount thereof, that there is an apparent discrepancy or an inconsistency in the returns of a primary or election, or that election staff has made an error regarding the treatment or disposition of a ballot, the board may recanvass the ballots or voting devices in any precincts of the county. The canvassing board shall conduct any necessary recanvass activity on or before the last day to certify or recertify the results of the primary ((or)), election, or subsequent recount and correct any error and document the correction of any error that it finds.

Sec. 14   RCW 29A.64.030 and 2003 c 111 s 1603 are each amended to read as follows:
     An application for a recount shall state the office for which a recount is requested and whether the request is for all or only a portion of the votes cast in that jurisdiction of that office. The person filing an application for a manual recount shall, at the same time, deposit with the county canvassing board or secretary of state, in cash or by certified check, a sum equal to twenty-five cents for each ballot cast in the jurisdiction or portion of the jurisdiction for which the recount is requested as security for the payment of any costs of conducting the recount. If the application is for a machine recount, the deposit must be equal to fifteen cents for each ballot. These charges shall be determined by the county canvassing board or boards under RCW ((29A.64.080)) 29A.64.081.
     The county canvassing board shall determine ((a)) the date, time, and ((a)) place or places at which the recount will be conducted. ((This time shall be less than three business days after the day upon which: The application was filed with the board; the request for a recount or directive ordering a recount was received by the board from the secretary of state; or the returns are certified which indicate that a recount is required under RCW 29A.64.020 for an issue or office voted upon only within the county.)) Not less than two days before the date of the recount, the county auditor shall mail a notice of the time and place of the recount to the applicant or affected parties and, if the recount involves an office, to any person for whom votes were cast for that office. The county auditor shall also notify the affected parties by either telephone, fax, e-mail, or other electronic means at the time of mailing. At least three attempts must be made over a two-day period to notify the affected parties or until the affected parties have received the notification. Each attempt to notify affected parties must request a return response indicating that the notice has been received. Each person entitled to receive notice of the recount may attend, witness the recount, and be accompanied by counsel.
     Proceedings of the canvassing board are public under chapter 42.30 RCW. Subject to reasonable and equitable guidelines adopted by the canvassing board, all interested persons may attend and witness a recount.

Sec. 15   RCW 29A.64.061 and 2004 c 271 s 180 are each amended to read as follows:
     Upon completion of the canvass of a recount, the canvassing board shall prepare and certify an amended abstract showing the votes cast in each precinct for which the recount was conducted. Copies of the amended abstracts must be transmitted to the same officers who received the abstract on which the recount was based.
     If the nomination, election, or issue for which the recount was conducted was submitted only to the voters of a county, the canvassing board shall file the amended abstract with the original results of that election or primary.
     If the nomination, election, or issue for which a recount was conducted was submitted to the voters of more than one county, the secretary of state shall canvass the amended abstracts and shall file an amended abstract with the original results of that election. The secretary of state may require that the amended abstracts be certified by each canvassing board on a uniform date. An amended abstract certified under this section supersedes any prior abstract of the results for the same offices or issues at the same primary or election.

NEW SECTION.  Sec. 16   A new section is added to chapter 29A.64 RCW to read as follows:
     If a mandatory recount is required under RCW 29A.64.021 for an office where a candidate for the office must file the declaration of candidacy with the secretary of state, the county auditor shall determine the expense of conducting the recount and file an expense claim for such costs with the secretary of state. The secretary of state shall reimburse the county an amount equal to seventy-five percent of the cost of the recount.

Sec. 17   RCW 29A.64.081 and 2004 c 271 s 181 are each amended to read as follows:
     The canvassing board shall determine the expenses for conducting a recount of votes.
     The cost of the recount shall be deducted from the amount deposited by the applicant for the recount at the time of filing the request for the recount, and the balance shall be returned to the applicant. If the costs of the recount exceed the deposit, the applicant shall pay the difference. No charges may be deducted by the canvassing board from the deposit for a recount if the recount changes the result of the nomination or election for which the recount was ordered.
     If the recount was requested for an office where a candidate for the office must file the declaration of candidacy with the secretary of state, and the recount changed the results of the primary or election, the canvassing board shall file an expense claim for the costs of that recount with the secretary of state. The secretary of state shall reimburse the county an amount equal to seventy-five percent of the cost of the recount.

NEW SECTION.  Sec. 18   A new section is added to chapter 29A.84 RCW to read as follows:
     A person who knowingly destroys, alters, defaces, conceals, or discards a completed voter registration form is guilty of a class C felony punishable under RCW 9A.20.021. This section does not apply to (1) the voter who completed the voter registration form, or (2) a county auditor or registration assistant who acts as authorized by voter registration law.

Sec. 19   RCW 29A.84.650 and 2003 c 111 s 2131 are each amended to read as follows:
     Any person who votes or attempts to vote more than once ((at any)) in this state in the same primary or general or special election, or who is registered to vote in another state and who votes or attempts to vote in this state, is guilty of a ((gross misdemeanor)) class C felony, punishable ((to the same extent as a gross misdemeanor that is punishable)) under RCW 9A.20.021.