BILL REQ. #:  Z-0271.1 

Read first time 01/28/09.   Referred to Committee on Government Operations & Elections.

     AN ACT Relating to absentee ballots; amending RCW 29A.40.091, 29A.48.050, 29A.60.190, and 29A.60.190; reenacting and amending RCW 29A.40.110; adding a new section to chapter 29A.40 RCW; providing an effective date; and providing an expiration date.

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

Sec. 1   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)) in accordance with the time requirements of RCW 29A.40.110.
     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. 2   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)) may commence ((until after)) at 8:00 ((p.m.)) a.m. on the Monday immediately before the day of the primary or election. Tabulation results must be held in secrecy, as provided in RCW 29A.84.730, 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, or its designated representatives, shall place all of the ballots in secure storage until ((after 8:00 p.m. of the day of the primary or election)) tabulation. 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,)) oath 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)) absentee ballots must be received by the county auditor by 8:00 p.m. on the day of the primary or election in order to be valid. The county auditor may designate poll sites, deposit sites, or other locations for the receipt of absentee ballots. 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)) must be no later than the day of the primary or election in order for the ballot to be valid.

NEW SECTION.  Sec. 3   A new section is added to chapter 29A.40 RCW to read as follows:
     Following certification of each election, the county auditor shall notify each voter whose absentee ballot was not counted because it was not returned within the time requirements provided in RCW 29A.40.110.

Sec. 4   RCW 29A.48.050 and 2006 c 206 s 8 are each amended to read as follows:
     The voter shall return the ballot to the county auditor in the return ((identification)) envelope in accordance with the time requirements of RCW 29A.40.110. ((If mailed, a ballot must be postmarked not later than the date of the primary or election. Otherwise, the ballot must be deposited at the office of the county auditor or the designated place of deposit not later than 8:00 p.m. on the date of the primary or election.)) All personnel assigned to verify signatures on the return envelope must receive training on statewide standards for signature verification.

Sec. 5   RCW 29A.60.190 and 2006 c 344 s 16 are each amended to read as follows:
     (1) Except as provided by subsection (3) of this section, fifteen days after a primary or special election and twenty-one days after a general election, the county canvassing board shall complete the canvass and certify the results. Each absentee ballot that was returned ((before the closing of the polls, and each absentee ballot bearing a postmark on or before the date of the primary or election and received on or before the date on which the primary or election is certified,)) in accordance with the time requirements of RCW 29A.40.110 must be included in the canvass report.
     (2) At the request of a caucus of the state legislature, the county auditor shall transmit copies of all unofficial returns of state and legislative primaries or elections prepared by or for the county canvassing board to either the secretary of the senate or the chief clerk of the house of representatives.
     (3) On or before the thirtieth day after an election conducted under the instant runoff voting method for the pilot project authorized by RCW 29A.53.020, the canvassing board shall complete the canvass and certify the results.

Sec. 6   RCW 29A.60.190 and 2006 c 344 s 17 are each amended to read as follows:
     (1) Fifteen days after a primary or special election and twenty-one days after a general election, the county canvassing board shall complete the canvass and certify the results. Each absentee ballot that was returned ((before the closing of the polls, and each absentee ballot bearing a postmark on or before the date of the primary or election and received on or before the date on which the primary or election is certified,)) in accordance with the time requirements of RCW 29A.40.110 must be included in the canvass report.
     (2) At the request of a caucus of the state legislature, the county auditor shall transmit copies of all unofficial returns of state and legislative primaries or elections prepared by or for the county canvassing board to either the secretary of the senate or the chief clerk of the house of representatives.

NEW SECTION.  Sec. 7   Section 5 of this act expires July 1, 2013.

NEW SECTION.  Sec. 8   Section 6 of this act takes effect July 1, 2013.