HB 2483 -
By Senator Oemig
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 29A.04.008 and 2007 c 38 s 1 are each amended to read
as follows:
As used in this title:
(1) "Ballot" means, as the context implies, either:
(a) The issues and offices to be voted upon in a jurisdiction or
portion of a jurisdiction at a particular primary, general election, or
special election;
(b) A facsimile of the contents of a particular ballot whether
printed on a paper ballot or ballot card or as part of a voting machine
or voting device;
(c) A physical or electronic record of the choices of an individual
voter in a particular primary, general election, or special election;
or
(d) The physical document on which the voter's choices are to be
recorded;
(2) "Paper ballot" means a piece of paper on which the ballot for
a particular election or primary has been printed, on which a voter may
record his or her choices for any candidate or for or against any
measure, and that is to be tabulated manually;
(3) "Ballot card" means any type of card or piece of paper of any
size on which a voter may record his or her choices for any candidate
and for or against any measure and that is to be tabulated on a vote
tallying system;
(4) "Sample ballot" means a printed facsimile of all the issues and
offices on the ballot in a jurisdiction and is intended to give voters
notice of the issues, offices, and candidates that are to be voted on
at a particular primary, general election, or special election;
(5) "Provisional ballot" means a ballot issued at the polling place
on election day by the precinct election board to a voter who would
otherwise be denied an opportunity to vote a regular ballot, for any
reason authorized by the Help America Vote Act, including but not
limited to the following:
(a) The voter's name does not appear in the poll book;
(b) There is an indication in the poll book that the voter has
requested an absentee ballot, but the voter wishes to vote at the
polling place;
(c) There is a question on the part of the voter concerning the
issues or candidates on which the voter is qualified to vote;
(d) Any other reason allowed by law;
(6) "Party ballot" means a primary election ballot specific to a
particular major political party that lists all candidates for partisan
office who affiliate with that same major political party, as well as
the nonpartisan races and ballot measures to be voted on at that
primary;
(7) "Nonpartisan ballot" means a primary election ballot that lists
all nonpartisan races and ballot measures to be voted on at that
primary;
(8) "Mail ballot" means a ballot transmitted by the United States
postal service, facsimile, electronic mail, or other electronic means
as established in rules by the secretary of state.
NEW SECTION. Sec. 2 A new section is added to chapter 29A.48 RCW
to read as follows:
(1) A voter may receive a ballot by e-mail or other electronic
means. A voter may return a voted ballot by e-mail if the voter's
signature on the declaration accompanies the ballot. The secretary of
state must establish procedures to protect the secrecy of the voted
ballot.
(2) A voter may request to receive all future ballots by e-mail or
other available electronic means. A voter may also request to
terminate receiving ballots by postal mail.
Sec. 3 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 or e-mail if the voter's signature on the
declaration accompanies the ballot. The county auditor must establish
procedures to protect the secrecy of the voted ballot.
(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 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 signature is considered the date of
mailing;
(((3))) (c) The ((envelope)) 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)) (f) A voter may return a ballot and signed
declarations by fax or e-mail; 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
(g) A voter may contact the county auditor's office to confirm that
the ballot was received.
NEW SECTION. Sec. 4 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."
HB 2483 -
By Senator Oemig
On page 1, line 1 of the title, after "Relating to" strike the remainder of the title and insert "expanding the use of fax, e-mail, or other forms of electronic voting to all voters; amending RCW 29A.04.008 and 29A.40.150; adding a new section to chapter 29A.48 RCW; and adding a new section to chapter 29A.40 RCW."
EFFECT: All voters, including overseas and military voters, may return a voted ballot by e-mail. Definition of "mail ballot" is added, which includes voted ballots submitted by e-mail or fax.