BILL REQ. #:  S-0801.1 

Read first time 02/09/2005.   Referred to Committee on Government Operations & Elections.

     AN ACT Relating to ballot enhancement and duplication; adding a new section to chapter 29A.04 RCW; adding a new section to chapter 29A.60 RCW; and creating a new section.

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

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. A person's vote is a mark of identification that shall not be altered, defaced, removed, covered, or destroyed by any means.

NEW SECTION.  Sec. 2   A new section is added to chapter 29A.04 RCW to read as follows:
     "Ballot enhancement" is the process of adding or covering marks or punches on an optical scan 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.

NEW SECTION.  Sec. 3   A new section is added to chapter 29A.60 RCW to read as follows:
     (1) Ballots may not be enhanced, as that term is defined in section 2 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 and must reject the ballot as invalid.
     (2) A ballot may not be duplicated for any reason.