HB 2483 -
By Senator Oemig
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 The legislature finds that fax, e-mail, and
internet voting remain fundamentally less secret than mail voting or
poll voting and less secure against technical failure, fraud, and
rigging. The legislature further finds that until the demonstrated
flaws with these methods of voting are resolved, e-mail, fax, and
internet voting must be deemed inferior to mail voting or poll voting
regardless of any relative convenience or potential cost savings. It
is the intent of the legislature that fax, e-mail, and internet voting
must be utilized, if deployed at all, as an alternative method
available only to voters that demonstrate or affirm that all best
efforts to facilitate paper ballot mail voting will fail to enfranchise
the voter.
Sec. 2 RCW 29A.40.150 and 2009 c 415 s 12 are each amended to
read as follows:
(1) An overseas or service voter may receive a ballot by fax,
e-mail, or other electronic means. An overseas or service voter may
return a voted ballot by fax, e-mail, or other electronic means if the
voter meets the conditions indicated in the waiver and affirmation of
residence in section 4 of this act and if the voter's signature on both
the declaration and the waiver and affirmation of residence accompanies
the ballot. All other overseas and service voters must return voted
ballots by postal service or private courier service. The county
auditor must establish procedures to best protect the secrecy of voted
ballots.
(2) An overseas or service voter may request to receive all future
ballots by fax, e-mail, or other available electronic means. An
overseas or service voter may also request to terminate receiving
ballots by postal mail.
(3) The ((information on the envelopes or)) instructions for
overseas voters and service voters must include the contact information
for the county auditor's office, the waiver and affirmation of
residence, and must explain that:
(((1))) (a) Return postage is free if the ballot is mailed through
the United States postal service, United States armed forces postal
service, or the postal service of a United States foreign embassy;
(((2))) (b) The date of the declaration signature is considered the
date of mailing;
(((3))) (c) The ((envelope)) waiver and affirmation of residence,
if required, and the declaration must be signed ((by)) no later than
election day;
(((4))) (d) If the voter is not already registered to vote, the
signed declaration ((on the envelope)) is the equivalent of voter
registration;
(((5))) (e) A voter may ((fax a voted ballot and the accompanying
envelope if the voter agrees to waive secrecy. The ballot will be
counted if the original documents are received before certification of
the election)) request to receive all future ballots by fax, e-mail, or
other available electronic means; and
(((6) A voter may obtain a ballot via electronic mail, which the
voter may print out, vote, and return by mail. In order to facilitate
the electronic acquisition of ballots by overseas and service voters,
the ballot instructions shall include the web site of the office of the
secretary of state)) (f) A voter may contact the county auditor's
office to confirm that the ballot was received.
NEW SECTION. Sec. 3 A new section is added to chapter 29A.40 RCW
to read as follows:
An overseas or service voter may register to vote, request a
ballot, or transmit a ballot using forms or methods provided by the
United States department of defense or the United States election
assistance commission so long as that form or method does not conflict
with the provisions of RCW 29A.40.150.
NEW SECTION. Sec. 4 A new section is added to chapter 29A.40 RCW
to read as follows:
The waiver and affirmation of residence shall contain in substance
the following:
HB 2483 -
By Senator Oemig
On page 1, line 1 of the title, after "voters;" strike the remainder of the title and insert "amending RCW 29A.40.150; adding new sections to chapter 29A.40 RCW; and creating a new section."
EFFECT: An intent section is added. Only those on overseas active duty in a designated combat zone may return a voted ballot by e- mail or fax if returning the voted ballot by postal mail is not feasible. In this situation, the voter must sign an affirmation and waiver attesting to this and acknowledging that the voter waives his or her right to a secret ballot.