BILL REQ. #: H-0194.1
State of Washington | 62nd Legislature | 2011 Regular Session |
Prefiled 12/14/10. Read first time 01/10/11. Referred to Committee on State Government & Tribal Affairs.
AN ACT Relating to ballot envelopes; and amending RCW 29A.40.091.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 29A.40.091 and 2010 c 125 s 1 are each amended to read
as follows:
The county auditor shall send each voter a ballot, a security
envelope in which to ((seal)) conceal 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 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 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 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 may provide secrecy for the voter's signature and
optional telephone number. 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. 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.
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.