SHB 2612 -
By Representative Shea
Beginning on page 1, line 3 of the amendment, strike all of sections 1 through 12 and insert the following:
"NEW SECTION. Sec. 1 The legislature finds that there are
citizens with non-English derived names whose ballots or petition
signatures have not been counted because the signature on the ballot
envelope is not the exact spelling of the name in the voter database.
The legislature finds that with many names, especially those of foreign
origin, there are multiple possible spellings, and transposing letters
and other errors occur when the information is entered into computer
systems. There are innocent reasons for misspellings to occur that
should not cause a ballot or petition signature to be disqualified if
the signature on the ballot envelope and voter can be correctly
validated.
Therefore, it is the intent of the legislature to provide
sufficient flexibility to the county auditors to accept ballots where
misspellings are present, yet the registered voter is clearly the same
person.
Sec. 2 RCW 29A.60.165 and 2011 c 10 s 54 are each amended to read
as follows:
(1) If the voter neglects to sign the ballot declaration, the
auditor shall notify the voter by first-class mail and advise the voter
of the correct procedures for completing the unsigned declaration. If
the ballot is received within three business days of the final meeting
of the canvassing board, or the voter has been notified by first-class
mail and has not responded at least three business days before the
final meeting of the canvassing board, then the auditor shall attempt
to notify the voter by telephone, using the voter registration record
information.
(2)(a) If the handwriting of the signature on a ballot declaration
is not the same as the handwriting of the signature on the registration
file, the auditor shall notify the voter by first-class mail, enclosing
a copy of the declaration, and advise the voter of the correct
procedures for updating his or her signature on the voter registration
file. If the ballot is received within three business days of the
final meeting of the canvassing board, or the voter has been notified
by first-class mail and has not responded at least three business days
before the final meeting of the canvassing board, then the auditor
shall attempt to notify the voter by telephone, using the voter
registration record information.
(b) If the signature on a ballot declaration is not the same as the
signature on the registration file because the name is different, the
ballot may be counted as long as the handwriting is clearly the same.
The auditor shall send the voter a change-of-name form under RCW
29A.08.440 and direct the voter to complete the form.
(c) If the signature on a ballot declaration is not the same as the
signature on the registration file because the voter used initials or
a common nickname, the ballot may be counted as long as the surname and
handwriting are clearly the same.
(d) If the signature on an absentee or provisional ballot envelope
is not the same as the signature on the registration file because the
spelling of the name as signed by the voter is not identical to the
spelling of the name on the registration file, the ballot may be
counted as long as the handwriting is clearly the same. The auditor
shall contact the voter to verify the correct spelling of the voter's
name.
(3) A voter may not cure a missing or mismatched signature for
purposes of counting the ballot in a recount.
(4) A record must be kept of all ballots with missing and
mismatched signatures. The record must contain the date on which the
voter was contacted or the notice was mailed, as well as the date on
which the voter signed the envelope, a copy of the envelope, a new
registration form, or a change-of-name form. That record is a public
record under chapter 42.56 RCW and may be disclosed to interested
parties on written request.
Sec. 3 RCW 29A.72.230 and 2003 c 111 s 1823 are each amended to
read as follows:
(1)(a) Upon the filing of an initiative or referendum petition, the
secretary of state shall proceed to verify and canvass the names of the
legal voters on the petition.
(b) If the signature on the petition is not the same as the
signature on the registration file because the spelling of the name as
signed by the voter is not identical to the spelling of the name on the
registration file, the signature may be counted as long as the
handwriting is clearly the same. The auditor shall contact the voter
to verify the correct spelling of the voter's name.
(2) The verification and canvass of signatures on the petition may
be observed by persons representing the advocates and opponents of the
proposed measure so long as they make no record of the names,
addresses, or other information on the petitions or related records
during the verification process except upon the order of the superior
court of Thurston county. The secretary of state may limit the number
of observers to not less than two on each side, if in his or her
opinion, a greater number would cause undue delay or disruption of the
verification process. Any such limitation shall apply equally to both
sides.
(3) The secretary of state may use any statistical sampling
techniques for this verification and canvass which have been adopted by
rule as provided by chapter 34.05 RCW. No petition will be rejected on
the basis of any statistical method employed, and no petition will be
accepted on the basis of any statistical method employed if such method
indicates that the petition contains fewer than the requisite number of
signatures of legal voters.
(4) If the secretary of state finds the same name signed to more
than one petition, he or she shall reject all but the first such valid
signature.
(5) For an initiative to the legislature, the secretary of state
shall transmit a certified copy of the proposed measure to the
legislature at the opening of its session and, as soon as the
signatures on the petition have been verified and canvassed, the
secretary of state shall send to the legislature a certificate of the
facts relating to the filing, verification, and canvass of the
petition."
EFFECT: Strikes all sections and provides that if the signature on an absentee or provisional ballot or initiative or referendum petition is not exactly the same as the signature on the registration file because the spelling is not identical, the ballot or petition signature may still be counted as long as the handwriting is clearly the same. Requires the auditor to contact the voter to verify the correct spelling.