| Passed by the Senate April 24, 2009 YEAS 43 BRAD OWEN ________________________________________ President of the Senate Passed by the House April 22, 2009 YEAS 97 FRANK CHOPP ________________________________________ Speaker of the House of Representatives | I, Thomas Hoemann, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SENATE BILL 5359 as passed by the Senate and the House of Representatives on the dates hereon set forth. THOMAS HOEMANN ________________________________________ Secretary | |
| Approved May 8, 2009, 10:45 a.m. CHRISTINE GREGOIRE ________________________________________ Governor of the State of Washington | May 11, 2009 Secretary of State State of Washington |
| State of Washington | 61st Legislature | 2009 Regular Session |
Read first time 01/20/09. Referred to Committee on Government Operations & Elections.
AN ACT Relating to identifying marks on ballots; and amending RCW 29A.36.111 and 29A.60.040.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 29A.36.111 and 2004 c 271 s 128 are each amended to
read as follows:
(1) Every ballot for a single combination of issues, offices, and
candidates shall be uniform within a precinct and shall identify the
type of primary or election, the county, and the date of the primary or
election, and the ballot or voting device shall contain instructions on
the proper method of recording a vote, including write-in votes. Each
position, together with the names of the candidates for that office,
shall be clearly separated from other offices or positions in the same
jurisdiction. The offices in each jurisdiction shall be clearly
separated from each other. No paper ballot or ballot card may be
marked by or at the direction of an election official in any way that
would permit the identification of the person who voted that ballot.
(2) An elections official may not enter into or extend any contract
with a vendor if such contract may allow the vendor to acquire an
ownership interest in any data pertaining to any voter, any voter's
address, registration number, or history, or any ballot.
Sec. 2 RCW 29A.60.040 and 2003 c 111 s 1504 are each amended to
read as follows:
A ballot is invalid and no votes on that ballot may be counted if
it is found folded together with another ballot ((or it is marked so as
to identify the voter)).
Those parts of a ballot are invalid and no votes may be counted for
those issues or offices where more votes are cast for the office or
issue than are permitted by law; write-in votes do not contain all of
the information required under RCW ((29A.60.020)) 29A.60.021; or that
issue or office is not marked with sufficient definiteness to determine
the voter's choice or intention. No write-in vote may be rejected due
to a variation in the form of the name if the election board or the
canvassing board can determine the issue for or against which or the
person and the office for which the voter intended to vote.