BILL REQ. #: H-0398.2
State of Washington | 63rd Legislature | 2013 Regular Session |
Read first time 01/23/13. Referred to Committee on Government Operations & Elections.
AN ACT Relating to elections pertaining to poll-site voting and voting identification requirements; amending RCW 29A.32.241, 29A.40.010, and 29A.40.160; adding a new section to chapter 29A.40 RCW; and adding a new chapter to Title 29A RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 (1) The intent of this chapter is to set out
procedures for poll-site voting in the event an initiative to allow
poll-site voting has passed in a county.
(2) Any registered voter of any county may submit an initiative to
the people to the county auditor to establish poll-site voting in that
county. Such initiatives may only be voted upon at a general election.
For the initiative to be included on the ballot, signatures from
registered voters in the county must be obtained in an amount equal to
eight percent of the voters in the county who voted in the last
gubernatorial election and must be submitted to the county auditor no
later than four months before the general election. The ballot title
of an initiative under this section must be "Shall the county authorize
poll voting for elections?"
(3) Each county must establish procedures and timelines for
processing initiatives under this section.
NEW SECTION. Sec. 2 If an initiative passes pursuant to section
1 of this act, the county auditor must issue a press release and
provide information on the county web site informing voters that poll-site voting will commence at the next election, and how voters may vote
at the polls. The county auditor is encouraged to include information
on poll-site voting with any election materials sent to voters.
Sec. 3 RCW 29A.32.241 and 2011 c 10 s 29 are each amended to read
as follows:
The local voters' pamphlet shall include but not be limited to the
following:
(1) Appearing on the cover, the words "official local voters'
pamphlet," the name of the jurisdiction producing the pamphlet, and the
date of the election or primary;
(2) A list of jurisdictions that have measures or candidates in the
pamphlet;
(3) Information on how a person may register to vote and obtain a
ballot or, if applicable, vote at the polls;
(4) The text of each measure accompanied by an explanatory
statement prepared by the prosecuting attorney for any county measure
or by the attorney for the jurisdiction submitting the measure if other
than a county measure. All explanatory statements for city, town, or
district measures not approved by the attorney for the jurisdiction
submitting the measure shall be reviewed and approved by the county
prosecuting attorney or city attorney, when applicable, before
inclusion in the pamphlet;
(5) The arguments for and against each measure submitted by
committees selected pursuant to RCW 29A.32.280; and
(6) For partisan primary elections, information on how to vote the
applicable ballot format and an explanation that minor political party
candidates and independent candidates will appear only on the general
election ballot.
NEW SECTION. Sec. 4 (1) Poll sites must be accessible to elderly
and disabled persons.
(2) At any special election or primary, the county auditor may
combine, unite, or divide precincts for purpose of holding an election.
At any general election, the county auditor must report all election
returns by individual precinct.
(3) Polling sites for the various voting precincts may be located
outside the boundaries of the respective precincts when the officers
conducting the primary or election deem it feasible. However, such
polling sites must be located within a reasonable distance of their
respective precincts.
(4) At the request of the county auditor, the legislative authority
of the county, a municipality, and a special district must make their
facilities available for use as polling sites held within that county.
Payment for polling sites and any other conditions or obligations
regarding these polling sites shall be provided for by contract between
the county auditor and the county, municipality, or district.
NEW SECTION. Sec. 5 A person may not interfere with a voter
attempting to vote at a polling site. Interfering with a voter
attempting to vote is a violation of RCW 29A.84.510.
NEW SECTION. Sec. 6 Any voter may take into the voting booth or
voting device any printed or written material to assist in casting his
or her vote. The voter shall not use this material to electioneer and
shall remove the material when he or she leaves the polls or the
disability access voting location.
NEW SECTION. Sec. 7 At any election, general or special, or at
any primary, any political party or committee may designate a person
other than a precinct election officer, for each polling site to check
a list of registered voters of the precinct to determine who has and
who has not voted. The lists must be furnished to the party or
committee concerned. The county political party central committee
chair of any political party may appoint an election observer to
observe all the elections procedures at the polling site.
NEW SECTION. Sec. 8 Ballots may not be used in any polling site
or disability access voting location other than those prepared by the
county auditor. A voter is not entitled to vote more than once at a
primary or a general or special election, except that if a voter
incorrectly marks a ballot, he or she may return it and be issued a new
ballot. The election officers shall void the incorrectly marked ballot
and return it to the county auditor.
NEW SECTION. Sec. 9 Paper records produced by electronic voting
devices are subject to all the requirements of this chapter and chapter
29A.60 RCW for ballot handling, preservation, reconciliation, transit
to the counting center, and storage. The paper records must be
preserved in the same manner and for the same period of time as
ballots.
NEW SECTION. Sec. 10 (1) At the direction of the county auditor,
a team or teams of election officers must stop at designated polling
sites and pick up the sealed containers of voted, untallied ballots for
delivery to the counting center. There may be more than one delivery
from each polling site. Two precinct election officials must seal the
voted ballots in containers furnished by the county auditor and
properly identified with his or her address with uniquely prenumbered
seals.
(2) At the counting center or the collection stations where the
sealed ballot containers are delivered, the county auditor or a
designated representative of the county auditor shall receive the
sealed ballot containers, record the time, date precinct name or
number, and seal number of each ballot container.
NEW SECTION. Sec. 11 The county auditor must provide in each
polling site a sufficient number of voting booths or voting devices
along with any supplies necessary to enable the voter to mark or
register his or her choices on the ballot and within which the voters
may cast their votes in secrecy. Nothing in this act authorizes the
state of Washington or counties to transition from the use of paper
ballots to electronic voting machines where the voters cast a ballot
using an electronic device. However, this does not limit or change the
use of technology for disability access voting.
NEW SECTION. Sec. 12 (1) At all primaries and elections, general
or special, in counties that have adopted poll-site voting, the polls
must be kept open continuously from seven o'clock a.m. to eight o'clock
p.m.
(2) All qualified electors who are at the polling site at eight
o'clock p.m. shall be allowed to cast their votes.
(3) The precinct election officers, immediately before they start
to issue ballots or permit a voter to vote, shall announce at the place
of voting that the polls for that precinct are open. At eight o'clock
p.m., or at the time when all qualified electors at the polling site
pursuant to subsection (2) of this section have voted, the precinct
election officers shall announce that the polls for that precinct are
closed.
NEW SECTION. Sec. 13 A registered voter may not be allowed to
vote in the precinct in which he or she is registered at any election
or primary for which that voter has cast a mail ballot. A registered
voter who has requested a mail ballot for a primary or special or
general election, but chooses to vote at the voter's precinct polling
site in that primary or election must cast a provisional ballot. The
canvassing board must not count the provisional ballot if it finds that
the voter has also voted by mail in that primary or election.
NEW SECTION. Sec. 14 No later than the day before a primary or
election, the county auditor must provide to the election officials at
each polling site the following materials:
(1) Ballots;
(2) Precinct list of registered voters;
(3) Voting and registration instructions, printed in large type, to
be conspicuously displayed at each polling site and permanent
registration facility;
(4) Accessible voting equipment.
NEW SECTION. Sec. 15 The precinct election officers for each
precinct must meet at the designated polling site at the time set by
the county auditor.
NEW SECTION. Sec. 16 (1) Before opening the polls for a
precinct, the voting equipment must be inspected to determine if it has
been properly prepared for voting. If the voting equipment is capable
of direct tabulation of each voter's choices, the precinct election
officers shall verify that no votes have been registered for any issue
or office to be voted on at that primary or election. The precinct
election officers must periodically examine the voting devices to
determine that no one has tampered with the devices.
(2) Any ballot box must be carefully examined by election officers
to determine that it is empty. The ballot box must then be sealed or
locked. The ballot box must not be opened before the poll site is
closed on the day of the primary or election.
NEW SECTION. Sec. 17 (1) A voter must give his or her name, and
provide photo identification to the precinct election officer before he
or she is allowed to vote.
(2) The identification required in this section can be satisfied by
providing current and valid photo identification. The following forms
of identification are acceptable if the identification includes a
photo:
(a) A state-issued driver's license or photo identification card;
(b) A United States passport;
(c) A United States military photo identification card;
(d) A student identification card issued by an accredited
institution of higher education; or
(e) A public assistance identification card issued by a municipal,
county, state, or federal government office or agency.
(3) A voter who has a religious objection to being photographed may
file with the county auditor an affidavit swearing to such religious
beliefs and provide a nonpicture form of identification in lieu of
providing photo identification.
(4) The election officer must verify the identification before the
voter signs the poll book and is issued a ballot. If the right of this
voter to participate in the primary or election is not challenged, the
voter must be issued a ballot. Any individual who does not provide
identification as required in this section must be issued a provisional
ballot.
(5) Once a voter is issued a ballot, the voter shall proceed,
without leaving the polling site, to one of the voting booths or voting
devices to cast his or her vote.
(6) As each voter casts his or her vote, the precinct election
officer must insert in the poll books or precinct list of registered
voters opposite that voter's name, a notation to credit the voter with
having participated in that primary or election. The precinct election
officers must record the voter's name so that a separate record is
kept.
NEW SECTION. Sec. 18 At all primaries and elections the flag of
the United States must be conspicuously displayed in front of each
polling site.
NEW SECTION. Sec. 19 Provisional ballots must be issued, along
with a provisional ballot outer envelope and a security envelope, to
voters as appropriate under RCW 29A.04.008. The provisional ballot
outer envelope must include a place for the voter's name; registered
address, both present and former if applicable; date of birth; reason
for the provisional ballot; the precinct number and the precinct
polling site at which the voter has voted; and a space for the county
auditor to list the disposition of the provisional ballot. The
provisional ballot outer envelope must also contain a declaration as
required for mail ballots under RCW 29A.40.091; a place for the voter
to sign the oath; and a summary of the applicable penalty provisions of
this chapter. The voter must vote the provisional ballot in secrecy
and, when done, place the provisional ballot in the security envelope,
place the security envelope into the outer envelope, and return it to
the precinct election official. The election official shall ensure
that the required information is completed on the outer envelope, have
the voter sign it in the appropriate space, and place the envelope in
a secure container. The official must give the voter written
information advising him or her how to ascertain whether the vote was
counted and, if applicable, the reason why the vote was not counted.
NEW SECTION. Sec. 20 (1) An individual who votes in an election
for federal office as a result of a federal or state court order or any
other order extending the time for closing the polls may vote in that
election only by casting a provisional ballot. As to court orders
extending the time for closing the polls, this section does not apply
to any voters who were present in the polling site at the statutory
closing time and as a result are permitted to vote under section 10 of
this act. This section does not, by itself, authorize any court to
order that any individual be permitted to vote or to extend the time
for closing the polls, but this section is intended to comply with 42
U.S.C. Sec. 15482(c) with regard to federal elections.
(2) Any ballot cast under subsection (1) of this section must be
separated and held apart from other provisional ballots cast by those
not affected by the order.
NEW SECTION. Sec. 21 (1) At each precinct immediately after the
last qualified voter has cast his or her vote, the precinct election
officers shall render unusable and secure in a container all unused
ballots for that precinct and return them to the county auditor.
(2) Immediately after the unused ballots are secure, the precinct
election officers shall count the number of voted ballots and make a
record, including any discrepancy, between this number and the number
of voters who signed the poll book for that precinct or polling site,
complete the certifications in the poll book, prepare the ballots for
transfer to the counting center, if necessary, and seal the voting
devices.
NEW SECTION. Sec. 22 The precinct list of registered voters for
each precinct or group of precincts delivered to the precinct election
officers for use on the day of an election held in that precinct shall
be returned to the county auditor upon the completion of the count of
votes cast in the precinct at that election. While in possession of
the county auditor, the precinct lists are open to public inspection
under such reasonable rules and regulations as may be prescribed.
NEW SECTION. Sec. 23 In precincts where poll-site counting
devices are used, the election officers, before initializing the device
for voting, must proceed as follows:
(1) They shall see that the device is placed where it can be
conveniently attended by the election officers and operated by voters;
(2) They shall see whether the number or other designating mark on
the device's seal agrees with the control number provided by the
elections department. If they do not agree they shall at once notify
the elections department and delay initializing the device. The polls
may be opened pending reexamination of the device;
(3) If the numbers do agree, they shall proceed to initialize the
device and see whether the public counter register "000." If the
counter is found to register a number other than "000," one of the
election officers must at once set the counter at "000" and confirm
that the ballot box is empty;
(4) Before processing any ballots through a poll-site ballot
counting device, a zero report must be produced. Election officials
must verify that no ballots have been run through the counting device
and that all vote totals for each office are zero. If the totals are
not zero, election officials must either reset the device to zero or
contact the elections department to reset the device and allow voting
to continue using the auxiliary or emergency device.
NEW SECTION. Sec. 24 Whenever poll-site ballot counting devices
are used, the devices may either be delivered with the supplies
required in section 13 of this act, or be delivered to the polling site
separately. All poll-site ballot counting devices must be sealed with
a unique numbered seal at the time of final preparation and logic and
accuracy testing. A log must be made of all seal numbers and device
numbers used.
NEW SECTION. Sec. 25 The programmed memory pack for each poll-site ballot counting device must be sealed into the device during final
preparation and logic and accuracy testing. Except in the case of a
device breakdown, the memory pack must remain sealed in the device
until after the polls have closed and all reports and telephonic or
electronic transfer of results are completed. After all reporting is
complete, the precinct election officers responsible for transferring
the sealed voted ballots under RCW 29A.60.110 shall ensure that the
memory pack is returned to the elections department. If the entire
poll-site ballot counting device is returned, the memory pack must
remain sealed in the device. If the poll-site ballot counting device
is to remain at the polling site, the precinct election officer shall
break the seal on the device and remove the memory pack and seal and
return it along with the irregularly voted ballots and special ballots
to the elections department on election day.
NEW SECTION. Sec. 26 Each poll-site ballot counting device must
be programmed to return all blank ballots and overvoted ballots to the
voter for private reexamination. The election officer shall take
whatever steps are necessary to ensure that the secrecy of the ballot
is maintained. The precinct election officer must provide information
and instruction on how to properly mark the ballot. The voter may
remark the original ballot, may request a new ballot, or may choose to
complete a special ballot envelope and return the ballot as a special
ballot.
NEW SECTION. Sec. 27 If a poll-site ballot counting device fails
to operate at any time during polling hours voting must continue and
the ballots must be deposited for later tabulation in a secure ballot
compartment separate from the tabulated ballots.
NEW SECTION. Sec. 28 A new section is added to chapter 29A.40
RCW to read as follows:
Valid and current photo identification must be provided to
participate in any primary, special election, or general election as
follows:
(1) Persons voting by mail ballot for the first time, as of the
effective date of this section, must provide the required
identification before ballots are mailed by the county auditor. The
voter may provide the identification at the time of registering to vote
or provide the identification to an election official within the county
auditor's office at any time prior to the mailing of ballots. If the
identification is not provided prior to the time ballots are mailed,
the voter must vote in person at a voting center or, if applicable, the
polls. A county elections official must make a notation in the voter's
file indicating that the required identification was provided and
ballots for future elections may be mailed.
(2) Persons wishing to vote in person at a voting center must
provide current and valid photo identification to an election official
before a ballot may be issued. The following forms of identification
are acceptable if the identification includes a photo:
(a) A state-issued driver's license or photo identification card;
(b) A United States passport;
(c) A United States military photo identification card;
(d) A student identification card issued by an accredited
institution of higher education;
(e) A public assistance identification card issued by a municipal,
county, state, or federal government office or agency.
(3) The following are exempt from the requirements of this section:
(a) An overseas or service voter who registers to vote pursuant to
RCW 29A.04.210; and
(b) A voter who has a religious objection to being photographed and
has filed an affidavit affirming such religious beliefs with the county
auditor and has provided a nonpicture form of identification.
Sec. 29 RCW 29A.40.010 and 2011 c 10 s 35 are each amended to
read as follows:
Each registered voter of the state, overseas voter, and service
voter ((shall)) must automatically be issued a mail ballot for each
general election, special election, or primary, unless the county in
which the voter resides has implemented poll-site voting and the voter
has indicated that he or she will vote at the polls. Overseas voters
and service voters are authorized to cast the same ballots, including
those for special elections, as a registered voter of the state would
receive under this chapter. Each registered voter shall continue to
receive a ballot by mail until the death or disqualification of the
voter, cancellation of the voter's registration, or placing the voter
on inactive status.
Sec. 30 RCW 29A.40.160 and 2011 c 10 s 43 are each amended to
read as follows:
(1) Each county auditor shall open a voting center each primary,
special election, and general election. The voting center shall be
open during business hours during the voting period, which begins
eighteen days before, and ends at 8:00 p.m. on the day of, the primary,
special election, or general election.
(2) The voting center must provide voter registration materials,
ballots, provisional ballots, disability access voting units, sample
ballots, instructions on how to properly vote the ballot, a ballot drop
box, and voters' pamphlets, if a voters' pamphlet has been published.
(3) The voting center must be accessible to persons with
disabilities. Each state agency and entity of local government shall
permit the use of any of its accessible facilities as voting centers
when requested by a county auditor.
(4) The voting center must provide at least one voting unit
certified by the secretary of state that provides access to individuals
who are blind or visually impaired, enabling them to vote with privacy
and independence.
(5) No person may interfere with a voter attempting to vote in a
voting center. Interfering with a voter attempting to vote is a
violation of RCW 29A.84.510.
(6) Before opening the voting center, the voting equipment shall be
inspected to determine if it has been properly prepared for voting. If
the voting equipment is capable of direct tabulation of each voter's
choices, the county auditor shall verify that no votes have been
registered for any issue or office, and that the device has been sealed
with a unique numbered seal at the time of final preparation and logic
and accuracy testing. A log must be made of all device numbers and
seal numbers.
(7) The county auditor shall require any person desiring to vote at
a voting center to ((either)) sign a ballot declaration ((or)) and
provide photo identification consistent with the provisions of section
28 of this act.
(a) The signature on the declaration must be compared to the
signature on the voter registration record before the ballot may be
counted. If the voter registered using a mark, or can no longer sign
his or her name, the election officers shall require the voter to be
identified by another registered voter.
(b) The identification must be valid photo identification, such as
a driver's license, state identification card, student identification
card, tribal identification card, or employer identification card. Any
individual who desires to vote in person but cannot provide
identification shall be issued a provisional ballot, which shall be
accepted if the signature on the declaration matches the signature on
the voter's registration record and the voter provides to the election
official one of the accepted identifications within five days of the
election.
(8) Provisional ballots must be accompanied by a declaration and
security envelope, as required by RCW 29A.40.091, and space for the
voter's name, date of birth, current and former registered address,
reason for the provisional ballot, and disposition of the provisional
ballot. The voter shall vote and return the provisional ballot at the
voting center. The voter must be provided information on how to
ascertain whether the provisional ballot was counted and, if
applicable, the reason why the vote was not counted.
(9) Any voter may take printed or written material into the voting
device to assist in casting his or her vote. The voter shall not use
this material to electioneer and shall remove it when he or she leaves
the voting center.
(10) If any voter states that he or she is unable to cast his or
her votes due to a disability, the voter may designate a person of his
or her choice, or two election officers, to enter the voting booth and
record the votes as he or she directs.
(11) No voter is entitled to vote more than once at a primary,
special election, or general election. If a voter incorrectly marks a
ballot, he or she may be issued a replacement ballot.
(12) A voter who has already returned a ballot but requests to vote
at a voting center shall be issued a provisional ballot. The
canvassing board shall not count the provisional ballot if it finds
that the voter has also voted a regular ballot in that primary, special
election, or general election.
(13) The county auditor must prevent overflow of each ballot drop
box to allow a voter to deposit his or her ballot securely. Ballots
must be removed from a ballot drop box by at least two people, with a
record kept of the date and time ballots were removed, and the names of
people removing them. Ballots from drop boxes must be returned to the
counting center in secured transport containers. A copy of the record
must be placed in the container, and one copy must be transported with
the ballots to the counting center, where the seal number must be
verified by the county auditor or a designated representative. All
ballot drop boxes must be secured at 8:00 p.m. on the day of the
primary, special election, or general election.
(14) Any voter who is inside or in line at the voting center at
8:00 p.m. on the day of the primary, special election, or general
election must be allowed to vote.
(15) For each primary, special election, and general election, the
county auditor may provide election services at locations in addition
to the voting center. The county auditor has discretion to establish
which services will be provided at the additional locations, and which
days and hours the locations will be open.
NEW SECTION. Sec. 31 Sections 1, 2, and 4 through 27 of this act
constitute a new chapter in Title