BILL REQ. #: Z-0464.1
| State of Washington | 60th Legislature | 2007 Regular Session |
Read first time 01/26/2007. Referred to Committee on Government Operations & Elections.
AN ACT Relating to voter registration; amending RCW 29A.08.113, 29A.08.115, 29A.08.125, 29A.08.135, 29A.08.140, 29A.08.410, 29A.08.430, 29A.08.510, 29A.08.520, 29A.08.605, 29A.08.640, 29A.08.651, 29A.40.010, 29A.40.020, 29A.40.061, 29A.40.091, and 29A.60.235; reenacting and amending RCW 29A.04.611, 29A.08.620, and 29A.40.110; and repealing RCW 29A.04.103, 29A.08.145, 29A.08.660, and 29A.08.785.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 29A.04.611 and 2006 c 207 s 1 and 2006 c 206 s 2 are
each reenacted and amended to read as follows:
The secretary of state as chief election officer shall make
reasonable rules in accordance with chapter 34.05 RCW not inconsistent
with the federal and state election laws to effectuate any provision of
this title and to facilitate the execution of its provisions in an
orderly, timely, and uniform manner relating to any federal, state,
county, city, town, and district elections. To that end the secretary
shall assist local election officers by devising uniform forms and
procedures.
In addition to the rule-making authority granted otherwise by this
section, the secretary of state shall make rules governing the
following provisions:
(1) The maintenance of voter registration records;
(2) The preparation, maintenance, distribution, review, and filing
of precinct maps;
(3) Standards for the design, layout, and production of ballots;
(4) The examination and testing of voting systems for
certification;
(5) The source and scope of independent evaluations of voting
systems that may be relied upon in certifying voting systems for use in
this state;
(6) Standards and procedures for the acceptance testing of voting
systems by counties;
(7) Standards and procedures for testing the programming of vote
tallying software for specific primaries and elections;
(8) Standards and procedures for the preparation and use of each
type of certified voting system including procedures for the operation
of counting centers where vote tallying systems are used;
(9) Standards and procedures to ensure the accurate tabulation and
canvassing of ballots;
(10) Consistency among the counties of the state in the preparation
of ballots, the operation of vote tallying systems, and the canvassing
of primaries and elections;
(11) Procedures to ensure the secrecy of a voter's ballot when a
small number of ballots are counted at the polls or at a counting
center;
(12) The use of substitute devices or means of voting when a voting
device at the polling place is found to be defective, the counting of
votes cast on the defective device, the counting of votes cast on the
substitute device, and the documentation that must be submitted to the
county auditor regarding such circumstances;
(13) Procedures for the transportation of sealed containers of
voted ballots or sealed voting devices;
(14) The acceptance and filing of documents via electronic
facsimile;
(15) Voter registration applications and records;
(16) The use of voter registration information in the conduct of
elections;
(17) The coordination, delivery, and processing of voter
registration records accepted by driver licensing agents or the
department of licensing;
(18) The coordination, delivery, and processing of voter
registration records accepted by agencies designated by the governor to
provide voter registration services;
(19) Procedures to receive and distribute voter registration
applications by mail;
(20) Procedures for a voter to change his or her voter registration
address within a county by telephone;
(21) Procedures for a voter to change the name under which he or
she is registered to vote;
(22) Procedures for canceling dual voter registration records and
for maintaining records of persons whose voter registrations have been
canceled;
(23) Procedures for the electronic transfer of voter registration
records between county auditors and the office of the secretary of
state;
(24) Procedures and forms for declarations of candidacy;
(25) Procedures and requirements for the acceptance and filing of
declarations of candidacy by electronic means;
(26) Procedures for the circumstance in which two or more
candidates have a name similar in sound or spelling so as to cause
confusion for the voter;
(27) Filing for office;
(28) The order of positions and offices on a ballot;
(29) Sample ballots;
(30) Independent evaluations of voting systems;
(31) The testing, approval, and certification of voting systems;
(32) The testing of vote tallying software programming;
(33) Standards and procedures to prevent fraud and to facilitate
the accurate processing and canvassing of absentee ballots and mail
ballots, including standards for the approval and implementation of
hardware and software for automated signature verification systems;
(34) Standards and procedures to guarantee the secrecy of absentee
ballots and mail ballots;
(35) Uniformity among the counties of the state in the conduct of
absentee voting and mail ballot elections;
(36) Standards and procedures to accommodate ((out-of-state
voters,)) overseas voters((,)) and service voters;
(37) The tabulation of paper ballots before the close of the polls;
(38) The accessibility of polling places and registration
facilities that are accessible to elderly and disabled persons;
(39) The aggregation of precinct results if reporting the results
of a single precinct could jeopardize the secrecy of a person's ballot;
(40) Procedures for conducting a statutory recount;
(41) Procedures for filling vacancies in congressional offices if
the general statutory time requirements for availability of absentee
ballots, certification, canvassing, and related procedures cannot be
met;
(42) Procedures for the statistical sampling of signatures for
purposes of verifying and canvassing signatures on initiative,
referendum, and recall election petitions;
(43) Standards and deadlines for submitting material to the office
of the secretary of state for the voters' pamphlet;
(44) Deadlines for the filing of ballot titles for referendum bills
and constitutional amendments if none have been provided by the
legislature;
(45) Procedures for the publication of a state voters' pamphlet;
(46) Procedures for conducting special elections regarding nuclear
waste sites if the general statutory time requirements for availability
of absentee ballots, certification, canvassing, and related procedures
cannot be met;
(47) Procedures for conducting partisan primary elections;
(48) Standards and procedures for the proper conduct of voting
during the early voting period to provide accessability for the blind
or visually impaired;
(49) Standards for voting technology and systems used by the state
or any political subdivision to be accessible for individuals with
disabilities, including nonvisual accessibility for the blind and
visually impaired, in a manner that provides the same opportunity for
access and participation, including privacy and independence, as other
voters;
(50) All data formats for transferring voter registration data on
electronic or machine-readable media for the purpose of administering
the statewide voter registration list required by the Help America Vote
Act (P.L. 107-252);
(51) Defining the interaction of electronic voter registration
election management systems employed by each county auditor to maintain
a local copy of each county's portion of the official state list of
registered voters;
(52) Provisions and procedures to implement the state-based
administrative complaint procedure as required by the Help America Vote
Act (P.L. 107-252);
(53) Facilitating the payment of local government grants to local
government election officers or vendors; and
(54) Standards for the verification of signatures on absentee,
mail, and provisional ballot envelopes.
Sec. 2 RCW 29A.08.113 and 2005 c 246 s 7 are each amended to read
as follows:
(1) If a voter who registered by mail indicates on the voter
registration form that he or she does not have a Washington state
driver's license, Washington state identification card, or Social
Security number, he or she must provide one of the following forms of
identification on or before the first time he or she votes after
registering:
(a) Valid photo identification;
(b) A valid enrollment card of a federally recognized Indian tribe
in Washington state;
(c) A copy of a current utility bill;
(d) A current bank statement;
(e) A copy of a current government check;
(f) A copy of a current paycheck; or
(g) A government document that shows both the name and address of
the voter.
(2) If the voter fails to provide one of the above forms of
identification prior to or at the time of voting, the ballot must be
treated as a provisional ballot regardless of whether the voter is
voting at a poll site or by mail. The ballot may only be counted if
the ((voter's signature on the outside envelope matches the signature
in the voter registration records)) voter provides the identification
no later than the day before certification of the primary or election.
(3) The requirements of this section do not apply to an ((out-of-state,)) overseas((,)) or service voter who registers to vote by
signing the return envelope of the absentee ballot.
Sec. 3 RCW 29A.08.115 and 2005 c 246 s 8 are each amended to read
as follows:
A person or organization collecting voter registration application
forms must transmit the forms to the secretary of state or a county
auditor ((at least once weekly)) within five days. The registration
date on such forms will be the date they are received by the secretary
of state or county auditor.
Sec. 4 RCW 29A.08.125 and 2005 c 246 s 9 are each amended to read
as follows:
(1) Each county auditor shall maintain a computer file containing
a copy of each record of all registered voters within the county
contained on the official statewide voter registration list for that
county.
(2) ((The secretary of state shall at least quarterly review and
update the records of all registered voters on the official statewide
voter registration data base to make additions and corrections.)) The computer file must include, but not be limited to, each
voter's last name, first name, middle initial, date of birth, residence
address, gender, date of registration, applicable taxing district and
precinct codes, and the last date on which the individual voted.
(3)
(((4))) (3) The county auditor shall subsequently record each
consecutive date upon which the individual has voted and retain all
such consecutive dates.
Sec. 5 RCW 29A.08.135 and 2004 c 267 s 111 are each amended to
read as follows:
((The county auditor shall acknowledge each new voter registration
or transfer by providing or sending the voter a card identifying his or
her current precinct and containing such other information as may be
prescribed by the secretary of state.)) (1) When a person who has
previously registered to vote in another state applies for voter
registration, the person shall provide on the registration form((,))
all information needed to cancel any previous registration.
Notification must be made to the state elections office of the
applicant's previous state of registration.
(2) A county auditor receiving official information that a voter
has registered to vote in another state shall immediately cancel that
voter's registration on the official state voter registration list.
Sec. 6 RCW 29A.08.140 and 2006 c 97 s 1 are each amended to read
as follows:
((The registration files of all precincts shall be closed against
transfers for thirty days immediately preceding every primary, special
election, and general election to be held in such precincts.))
(1) A person who is not registered to vote in Washington must
register by the following deadlines in order to vote in an upcoming
primary, special election, or general election:
(a) At least thirty days before the primary, special election, or
general election if registering by mail; or
(b) At least fifteen days before the primary, special election, or
general election if registering in person at the county auditor's
office. A person who registers under this subsection will be issued an
absentee or mail ballot for the upcoming primary, special election, or
general election.
(2) A registered voter who changes his or her residence within a
county or from one county to another must transfer his or her
registration at least thirty days before a primary, special election,
or general election in order to be in effect for that primary, special
election, or general election.
(3) The county auditor shall acknowledge each transfer or new voter
registration by providing the voter a card identifying his or her
current precinct and containing such other information as may be
prescribed by the secretary of state.
(4) The county auditor shall give notice of the ((closing of the
precinct files for transfer and notice of the special registration and
voting procedure provided by RCW 29A.08.145)) registration deadlines by
one publication in a newspaper of general circulation in the county at
least ((five)) thirty-five days before the ((closing of the precinct
files.)) primary, special election, or general election((
No person may vote at any primary, special election, or general
election in a precinct polling place unless he or she has registered to
vote at least thirty days before that primary or election and appears
on the official statewide voter registration list. If a person,
otherwise qualified to vote in the state, county, and precinct in which
he or she applies for registration, does not register at least thirty
days before any, he
or she may register and vote by absentee ballot for that primary or
election under RCW 29A.08.145)).
Sec. 7 RCW 29A.08.410 and 2003 c 111 s 228 are each amended to
read as follows:
((To maintain a valid voter registration,)) A registered voter who
changes his or her residence from one address to another within the
same county ((shall)) must transfer his or her registration to the new
address in one of the following ways and the county auditor must mail
the voter an acknowledgement notice within sixty days:
(1) Sending to the county auditor a ((signed)) request stating the
voter's present address and the address from which the voter was last
registered;
(2) Appearing in person before the auditor and ((signing)) making
such a request;
(3) Transferring the registration in the manner provided by RCW
29A.08.430; ((or))
(4) Telephoning the county auditor to transfer the registration((.
The telephone call transferring a registration by telephone must be
received by the auditor before the precinct registration files are
closed to new registrations for the next primary or special or general
election in which the voter participates)); or
(5) Submitting a new voter registration form.
Sec. 8 RCW 29A.08.430 and 2004 c 267 s 123 are each amended to
read as follows:
(1) A ((person who is registered to vote in this state)) registered
voter may transfer his or her voter registration at a polling place on
the day of a primary, special election, or general election ((or
primary under the following procedures:)) by completing
a voter registration form ((
(a) The voter may complete, at the polling place,designed by the secretary of state and
supplied by the county auditor; or)) or, for a change within the county, ((
(b)the voter may write))
by writing in his or her new residential address in the precinct list
of registered voters.
((The county auditor shall determine which of these two procedures
are to be used in the county or may determine that both procedures are
to be available to voters for use in the county.))
(2) A voter who transfers his or her registration in the manner
authorized by this section shall vote in the precinct in which he or
she was previously registered.
(((3) The auditor shall, within sixty days, mail to each voter who
has transferred a registration under this section, an acknowledgement
notice detailing his or her current precinct and polling place.))
Sec. 9 RCW 29A.08.510 and 2004 c 267 s 124 are each amended to
read as follows:
((In addition to case-by-case maintenance under RCW 29A.08.620 and
29A.08.630 and the general program of maintenance of voter registration
lists under RCW 29A.08.605,)) Deceased voters will be canceled from
voter registration lists as follows:
(1) ((Periodically)) Monthly, the registrar of vital statistics of
the state shall prepare a list of persons who resided in each county,
for whom a death certificate was transmitted to the registrar and was
not included on a previous list, and shall supply the list to the
secretary of state. The secretary of state shall compare this monthly
list with the registration records and cancel the registrations of
deceased voters ((within at least forty-five days before the next
primary or election)).
(2) In addition, each county auditor may also use newspaper
obituary articles as a source of information in order to cancel a
voter's registration from the official state voter registration list.
The auditor must verify the identity of the voter by matching the
voter's date of birth or an address. The auditor shall record the date
and source of the obituary in the cancellation records.
(3) In addition, any registered voter may sign a statement, subject
to the penalties of perjury, to the effect that to his or her personal
knowledge or belief another registered voter is deceased. This
statement may be filed with the county auditor or the secretary of
state. Upon the receipt of such signed statement, the county auditor
or the secretary of state shall cancel the registration ((records
concerned)) from the official state voter registration list.
Sec. 10 RCW 29A.08.520 and 2005 c 246 s 15 are each amended to
read as follows:
(1) Upon receiving official notice of a person's conviction of a
felony in either state or federal court, if the convicted person is a
registered voter in the county, the county auditor shall cancel the
defendant's voter registration. ((Additionally,))
(2) The secretary of state in conjunction with the department of
corrections, the Washington state patrol, the office of the
administrator for the courts, and other appropriate state agencies
shall arrange for a ((quarterly)) semiannual comparison of a list of
known felons with the statewide voter registration list. If a person
is found on a felon list and the statewide voter registration list, the
secretary of state or county auditor shall confirm the match through a
date of birth comparison and suspend the voter registration from the
official state voter registration list. The canceling authority shall
send to the person at his or her last known voter registration address
a notice of the proposed cancellation and an explanation of the
requirements for restoring the right to vote once all terms of
sentencing have been completed. If the person does not respond within
thirty days, the registration must be canceled.
(((2))) (3) The right to vote may be restored by, for each felony
conviction, one of the following:
(a) A certificate of discharge issued by the sentencing court, as
provided in RCW 9.94A.637;
(b) A court order restoring the right, as provided in RCW 9.92.066;
(c) A final order of discharge issued by the indeterminate sentence
review board, as provided in RCW 9.96.050; or
(d) A certificate of restoration issued by the governor, as
provided in RCW 9.96.020.
Sec. 11 RCW 29A.08.605 and 2004 c 267 s 128 are each amended to
read as follows:
((In addition to the case-by-case maintenance required under RCW
29A.08.620 and 29A.08.630 and the canceling of registrations under RCW
29A.08.510, the secretary of state and)) The county auditor shall
((cooperatively)) establish a general program of voter registration
list maintenance. This program must be a thorough review that is
applied uniformly throughout the county and must be nondiscriminatory
in its application. ((Any)) The program ((established)) must be
completed at least once every two years ((and not later than ninety
days before the date of a primary or general election for federal
office)) between the first day of October in the odd-numbered year and
the first day of June in the even-numbered year. This obligation may
be fulfilled in one of the following ways:
(1) The ((secretary of state may enter into one or more contracts))
county auditor may contract with the United States postal service, or
its licensee, ((which)) to permit the use of postal service ((change-of-address)) change of address information. If ((the)) change of
address information is received ((from the United States postal
service)) that indicates that a voter has changed his or her residence
address within the ((state)) county, the auditor shall transfer the
registration of that voter and send ((a confirmation)) an
acknowledgement notice to the new address informing the voter of the
transfer ((to the new address)). If change of address information is
received that indicates that a voter has changed his or her residence
address from one county to another, the auditor shall place the voter
on inactive status and send to all known addresses a confirmation
notice and a new voter registration form;
(2) The county auditor may send a direct, nonforwardable,
((nonprofit or first-class)) return service requested mailing to every
registered voter ((bearing the postal endorsement "Return Service
Requested.")). If address correction information ((for a voter)) is
received by the county auditor ((after this mailing,)) that indicates
that a voter has changed his or her residence address within the
county, the auditor shall transfer the registration of that voter and
send an acknowledgement notice to the new address informing the voter
of the transfer. If address correction information is received by the
county auditor that indicates that a voter has changed his or her
residence address from one county to another, the auditor shall place
that voter on inactive status and shall send to ((the voter)) all known
addresses a confirmation notice and a new voter registration form;
(3) Any other method approved by the secretary of state.
Sec. 12 RCW 29A.08.620 and 2004 c 267 s 130 and 2004 c 266 s 8
are each reenacted and amended to read as follows:
(1) A county auditor shall ((assign a registered voter to inactive
status and shall send the voter a confirmation notice if any of the
following documents are returned by the postal service as
undeliverable:)) transfer the registration of a voter
and send an acknowledgement notice to the new address informing the
voter of the transfer if change of address information received from
the postal service, the department of licensing, or another agency
designated to provide voter registration services indicates that the
voter has moved within the county.
(a) An acknowledgement of registration;
(b) An acknowledgement of transfer to a new address;
(c) A vote-by-mail ballot, absentee ballot, or application for a
ballot;
(d) Notification to a voter after precinct reassignment;
(e) Notification to serve on jury duty; or
(f) Any other document other than a confirmation notice, required
by statute, to be mailed by the county auditor to the voter.
(2) A county auditor shall also assign a registered voter to
inactive status and shall send the voter a confirmation notice:
(a) Whenever change of address information received from the
department of licensing under RCW 29A.08.350, or by any other agency
designated to provide voter registration services under RCW 29A.08.310,
indicates that the voter has moved to an address outside the state; or
(b) If the auditor receives postal change of address information
under RCW 29A.08.605, indicating
(2) A county auditor shall place a voter on inactive status and
send to all known addresses a confirmation notice and a new voter
registration form if any of the following occur:
(a) Change of address information received from the postal service,
the department of licensing, or another agency designated to provide
voter registration services indicates that the voter has moved from one
county to another;
(b) Any document, other than a confirmation notice, mailed by the
county auditor to a voter is returned by the postal service as
undeliverable without address correction information; or
(c) A notification to serve on jury duty is returned by the postal
service as undeliverable without address correction information.
(3) A county auditor shall place a voter on inactive status and
send to all known addresses a confirmation notice if change of address
information received from the postal service, the department of
licensing, or another state agency designated to provide voter
registration services indicates that the voter has moved out of the
state.
Sec. 13 RCW 29A.08.640 and 2004 c 267 s 132 are each amended to
read as follows:
(1) If the response to the confirmation notice provides the county
auditor with the information indicating that the voter has moved within
the county, the auditor shall transfer the voter's registration and
send the voter an acknowledgement notice.
(2) If the response indicates ((a move out of a)) that the voter
moved out of the county, but within the state, the auditor shall place
the registration in inactive status ((for transfer pending acceptance
by the county indicated by the new address. The auditor shall
immediately notify the auditor of the county with the new address)).
The voter must register in the new county by submitting a new voter
registration form.
(3) If the response indicates that the voter has left the state,
the auditor shall cancel the voter's registration on the official state
voter registration list.
Sec. 14 RCW 29A.08.651 and 2005 c 246 s 16 are each amended to
read as follows:
(1) The office of the secretary of state shall create and maintain
a statewide voter registration data base. This data base must be a
single, uniform, official, centralized, interactive computerized
statewide voter registration list defined, maintained, and administered
at the state level that contains the name and registration information
of every legally registered voter in the state and assigns a unique
identifier to each legally registered voter in the state.
(2) The computerized list must serve as the single system for
storing and maintaining the official list of registered voters
throughout the state.
(3) The computerized list must contain the name and registration
information of every legally registered voter in the state.
(4) Under the computerized list, a unique identifier is assigned to
each legally registered voter in the state.
(5) The computerized list must be coordinated with other agency
data bases within the state, including but not limited to the
department of corrections, the department of licensing, the department
of health, the Washington state patrol, and the office of the
administrator for the courts. The computerized list may also be
coordinated with the data bases of election officials in other states.
(6) Any election officer in the state, including any local election
officer, may obtain immediate electronic access to the information
contained in the computerized list.
(7) All voter registration information obtained by any local
election officer in the state must be electronically entered into the
computerized list on an expedited basis at the time the information is
provided to the local officer.
(8) The chief state election officer shall provide support, as may
be required, so that local election officers are able to enter
information as described in subsection (3) of this section.
(9) The computerized list serves as the official voter registration
list for the conduct of all elections.
(10) The secretary of state has data authority on all voter
registration data.
(11) The voter registration data base must be designed to
accomplish at a minimum, the following:
(a) Comply with the Help America Vote Act of 2002 (P.L. 107-252);
(b) Identify duplicate voter registrations;
(c) Identify suspected duplicate voters;
(d) Screen against the department of corrections, the Washington
state patrol, and other appropriate state agency data bases to aid in
the cancellation of voter registration of felons, of persons who have
declined to serve on juries by virtue of not being citizens of the
United States, and of persons determined to be legally incompetent to
vote;
(e) Provide up-to-date signatures of voters for the purposes of
initiative signature checking;
(f) Provide for a comparison between the voter registration data
base and the department of licensing change of address data base;
(g) Provide online access for county auditors with the goal of real
time duplicate checking and update capabilities; and
(h) Provide for the cancellation of voter registration for persons
who have moved to other states and surrendered their Washington state
drivers' licenses.
(12) In order to maintain the statewide voter registration data
base, the secretary of state may, upon agreement with other appropriate
jurisdictions, screen against data bases maintained by election
officials in other states and data bases maintained by federal agencies
including, but not limited to, the federal bureau of investigation, the
federal court system, the federal bureau of prisons, and the bureau of
citizenship and immigration services.
(13) The secretary of state shall retain information regarding
previous successful appeals of proposed cancellations of registrations
in order to avoid repeated cancellations for the same reason.
(((14) The secretary of state must review and update the records of
all registered voters on the computerized list on a quarterly basis to
make additions and corrections.))
Sec. 15 RCW 29A.40.010 and 2003 c 111 s 1001 are each amended to
read as follows:
Any registered voter of the state or any ((out-of-state voter,))
overseas voter((,)) or service voter may vote by absentee ballot in any
general election, special election, or primary in the manner provided
in this chapter. ((Out-of-state voters,)) Overseas voters((,)) and
service voters are authorized to cast the same ballots, including those
for special elections, as a registered voter of the state would receive
under this chapter.
Sec. 16 RCW 29A.40.020 and 2003 c 111 s 1002 are each amended to
read as follows:
(1) Except as otherwise provided by law, a registered voter ((or
out-of-state voter)), overseas voter, or service voter desiring to cast
an absentee ballot at a single election or primary must request the
absentee ballot from his or her county auditor no earlier than ninety
days nor later than the day before the election or primary at which the
person seeks to vote. Except as otherwise provided by law, the request
may be made orally in person, by telephone, electronically, or in
writing. An application or request for an absentee ballot made under
the authority of a federal statute or regulation will be considered and
given the same effect as a request for an absentee ballot under this
chapter.
(2) A voter requesting an absentee ballot for a primary may also
request an absentee ballot for the following general election. A
request by an ((out-of-state voter,)) overseas voter((,)) or service
voter for an absentee ballot for a primary election will be considered
as a request for an absentee ballot for the following general election.
(3) In requesting an absentee ballot, the voter shall state the
address to which the absentee ballot should be sent. A request for an
absentee ballot from an((out-of-state voter,)) overseas voter((,)) or
service voter must include the address of the last residence in the
state of Washington and either a written application or the oath on the
return envelope must include a declaration of the other qualifications
of the applicant as an elector of this state. A request for an
absentee ballot from any other voter must state the address at which
that voter is currently registered to vote in the state of Washington
or the county auditor shall verify that information from the voter
registration records of the county.
(4) A request for an absentee ballot from a registered voter who is
within this state must be made directly to the auditor of the county in
which the voter is registered. An absentee ballot request from a
registered voter who is temporarily outside this state or from an
((out-of-state voter,)) overseas voter((,)) or service voter may be
made either to the appropriate county auditor or to the secretary of
state, who shall promptly forward the request to the appropriate county
auditor.
(5) No person, organization, or association may distribute absentee
ballot applications within this state that contain a return address
other than that of the appropriate county auditor.
Sec. 17 RCW 29A.40.061 and 2004 c 271 s 134 are each amended to
read as follows:
(1) The county auditor shall issue an absentee ballot for the
primary or election for which it was requested, or for the next
occurring primary or election when ongoing absentee status has been
requested if the information contained in a request for an absentee
ballot or ongoing absentee status received by the county auditor is
complete and correct and the applicant is qualified to vote under
federal or state law. Otherwise, the county auditor shall notify the
applicant of the reason or reasons why the request cannot be accepted.
Whenever two or more candidates have filed for the position of precinct
committee officer for the same party in the same precinct, the contest
for that position must be presented to absentee voters from that
precinct by either including the contest on the regular absentee ballot
or a separate absentee ballot. The ballot must provide space
designated for writing in the name of additional candidates.
(2) A registered voter may obtain a replacement ballot if the
ballot is destroyed, spoiled, lost, or not received by the voter. The
voter may obtain the ballot by telephone request, by mail,
electronically, or in person. The county auditor shall keep a record
of each replacement ballot provided under this subsection.
(3) A copy of the state voters' pamphlet must be sent to
((registered voters temporarily outside the state, out-of-state
voters,)) overseas voters((,)) and service voters along with the
absentee ballot if such a pamphlet has been prepared for the primary or
election and is available to the county auditor at the time of mailing.
The county auditor shall mail all absentee ballots and related material
to voters outside the territorial limits of the United States and the
District of Columbia under 39 U.S.C. 3406.
Sec. 18 RCW 29A.40.091 and 2005 c 246 s 21 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 absentee voter's name and address
must be printed on the larger return envelope, which must also 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 declaration
must clearly inform the voter that it is illegal to vote if he or she
is not a United States citizen; it is illegal to vote if he or she has
been convicted of a felony and has not had his or her voting rights
restored; and, except as otherwise provided by law, it is illegal to
cast a ballot or sign an absentee envelope on behalf of another voter.
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.
It must also contain a space so that the voter may include a telephone
number. 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. The
return envelope must also have a secrecy flap that the voter may seal
that will cover the voter's signature and optional telephone number.
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. 19 RCW 29A.40.110 and 2006 c 207 s 4 and 2006 c 206 s 6 are
each reenacted and amended to read as follows:
(1) The opening and subsequent processing of return envelopes for
any primary or election may begin 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. All personnel assigned to
verify signatures must receive training on statewide standards for
signature verification. Personnel 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. Verification may be
conducted by an automated verification system approved by the secretary
of state. 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.
(4) 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.
Sec. 20 RCW 29A.60.235 and 2005 c 243 s 11 are each amended to
read as follows:
(1) The county auditor shall prepare, make publicly available at
the auditor's office or on the auditor's web site, and submit at the
time of certification an election reconciliation report that discloses
the following information:
(a) The number of registered voters;
(b) The number of ballots counted;
(c) The number of provisional ballots issued;
(d) The number of provisional ballots counted;
(e) The number of provisional ballots rejected;
(f) The number of absentee ballots issued;
(g) The number of absentee ballots counted;
(h) The number of absentee ballots rejected;
(i) The number of federal write-in ballots counted;
(j) The number of ((out-of-state,)) overseas((,)) and service
ballots issued;
(k) The number of ((out-of-state,)) overseas((,)) and service
ballots counted; and
(l) The number of ((out-of-state,)) overseas((,)) and service
ballots rejected.
(2) The county auditor shall prepare and make publicly available at
the auditor's office or on the auditor's web site within thirty days of
certification a final election reconciliation report that discloses the
following information:
(a) The number of registered voters;
(b) The total number of voters credited with voting;
(c) The number of poll voters credited with voting;
(d) The number of provisional voters credited with voting;
(e) The number of absentee voters credited with voting;
(f) The number of federal write-in voters credited with voting;
(g) The number of ((out-of-state,)) overseas((,)) and service
voters credited with voting;
(h) The total number of voters credited with voting even though
their ballots were postmarked after election day and were not counted;
and
(i) Any other information the auditor deems necessary to reconcile
the number of ballots counted with the number of voters credited with
voting.
(3) The county auditor may also prepare such reports for
jurisdictions located, in whole or in part, in the county.
NEW SECTION. Sec. 21 The following acts or parts of acts are
each repealed:
(1) RCW 29A.04.103 (Out-of-state voter) and 2003 c 111 s 118;
(2) RCW 29A.08.145 (Late registration -- Special procedure) and 2006
c 97 s 2, 2005 c 246 s 10, 2004 c 267 s 113, 2003 c 111 s 213, & 1993
c 383 s 1;
(3) RCW 29A.08.660 (Felony offender--Completion of sentence) and
2005 c 246 s 12; and
(4) RCW 29A.08.785 (Information services board, consultation) and
2004 c 267 s 140.