BILL REQ. #:  H-0400.1 

Read first time 02/01/11.   Referred to Committee on State Government & Tribal Affairs.

     AN ACT Relating to prepaid postage for primary and general election ballots; amending RCW 29A.04.420, 29A.40.091, and 29A.48.050; and creating a new section.

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

NEW SECTION.  Sec. 1   The legislature finds that voting by mail has many advantages. However, the legislature also finds that the postage, while only a small amount, amounts to the poll tax for many of our citizens. The legislature finds that many citizens lack the necessary funds to purchase the necessary postage to return his or her ballot. The legislature further finds that in order to increase participation in our democracy, we must lower all barriers to participation in the democratic process. The legislature finds that voting should be free for all citizens.

Sec. 2   RCW 29A.04.420 and 2003 c 111 s 147 are each amended to read as follows:
     (1) Whenever state officers or measures are voted upon at a state primary or general election held in an odd-numbered year under RCW ((29A.04.320)) 29A.04.321, the state of Washington shall assume a prorated share of the costs of that state primary or general election.
     (2) The state shall reimburse counties for the cost of return postage on mail and absentee ballots for primary and general elections.
     (3) Whenever a primary or vacancy election is held to fill a vacancy in the position of United States senator or United States representative under chapter 29A.28 RCW, the state of Washington shall assume a prorated share of the costs of that primary or vacancy election.
     (((3))) (4) The county auditor shall apportion the state's share of these expenses when prorating election costs under RCW 29A.04.410 and shall file such expense claims with the secretary of state.
     (((4))) (5) The secretary of state shall include in his or her biennial budget requests sufficient funds to carry out this section. Reimbursements for election costs shall be from appropriations specifically provided by law for that purpose.

Sec. 3   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 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. Return envelopes for primary and general election ballots shall include prepaid postage.
     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.

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. If mailed, a ballot must be postmarked not later than the date of the primary or election. Return envelopes for primary and general election ballots shall include prepaid postage. 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.