1079 AMH TAYL REIL 053
HB 1079 - H AMD 170
By Representative Taylor
NOT CONSIDERED 04/22/2011
On page 24, after line 8, insert the following:
"Sec. 33. RCW 29A.40.091 and 2010 c 125 s 1 are each amended to read as follows:
(1) The county auditor may not mail ballots to first time voters. First time voters must provide the county auditor with documented proof of citizenship before they are issued a ballot. Documented proof of citizenship includes:
(a) A driver's license number or government issued identification if citizenship is indicated;
(b) A photocopy of a birth certificate;
(c) A passport; or
(d) Naturalization documents or a certificate of naturalization.
(2) Service and overseas voters are exempt from subsection 1 of this section.
(3) Notwithstanding subsection (1) of this section, the
county auditor shall send each voter a ballot, a security envelope in which to
seal the ballot after voting, a larger envelope in which to return the
security envelope, a declaration that the voter must sign, and
instructions on how to obtain information about the election, how to
mark the ballot, and how to return ((it)) the ballot to
the county auditor.
(4) The ((instructions that accompany a ballot
for a partisan primary must include instructions for voting the applicable
ballot style, as provided in chapter 29A.36 RCW. The voter's name and address
must be printed on the larger return envelope, which must also contain a
declaration by the voter reciting his or her qualifications and stating that he
or she)) voter must swear under penalty of perjury that he or she meets
the qualifications to vote, and 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 a return envelope
on behalf of another voter. The ((return envelope)) ballot materials
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)) declaration, and to
provide 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 may provide secrecy for the voter's signature and optional telephone
number.))
(5) For overseas 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.
Return envelopes for overseas and service voters must enable the ballot to
be returned postage free if mailed through the United States postal service,
United States armed forces postal service, or the postal service of a United
States foreign embassy under 39 U.S.C. Sec. 3406.
(6) 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)) no later than 8:00 p.m. the day of the
election or primary, or mail the ballot to the ((appropriate))
county auditor with a postmark no later than the day of the election or
primary ((for which the ballot was issued)).
((If the county auditor chooses to forward 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.))"
Renumber the remaining sections consecutively and correct any internal references accordingly.
Correct the title.
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EFFECT: Requires first time voters to provide documented proof of citizenship before they are issued a ballot; clarifies language regarding the ballot envelop instructions; requires return envelopes for overseas and service voters to be postage free in compliance with federal law; and removes language regarding forwarding of ballots.
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