H-4424              _______________________________________________

                                                   HOUSE BILL NO. 1943

                        _______________________________________________

State of Washington                              50th Legislature                              1988 Regular Session

By Representatives Beck, Lewis and Allen

Read first time 2/1/88 and referred to Committee on Constitution,  Elections & Ethics.

AN ACT Relating to absentee ballots; amending RCW 29.36.097 and 29.36.160; and prescribing penalties.

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

        Sec. 1.  Section 1, chapter 61, Laws of 1973 1st ex. sess. as amended by section 17, chapter 346, Laws of 1987 and RCW 29.36.097 are each amended to read as follows:

          Each county auditor shall maintain in his or her office((, open for public inspection,)) a confidential record of the applications he or she has received for absentee ballots under this chapter.

          ((The information on the  applications shall be recorded and lists of this information shall be available no later than twenty-four hours after their receipt.

          This information about absentee voters shall be available according to the date of application and by legislative district.  It shall include the name of each applicant, the address and precinct in which the voter maintains a voting residence, the date on which an absentee ballot was issued to this voter, if applicable, the type of absentee ballot, and the address to which the ballot was or is to be mailed, if applicable.

          The auditor shall make copies of these records available to the public for the actual cost of production or copying.))

!ixNo information regarding the identity of any applicant for an absentee ballot, the address and precinct in which the applicant maintains a voting residence, the date of issuance of an absentee ballot to any voter, or the address to which the ballot was or is to be mailed, shall be disclosed to any member of the public by the county auditor or any employee of the county auditor's office.

        Sec. 2.  Section 9, chapter 71, Laws of 1983 1st ex. sess. as amended by section 20, chapter 346, Laws of 1987 and RCW 29.36.160 are each amended to read as follows:

          A person who (1) willfully violates any provision of this chapter regarding the assertion or declaration of qualifications to receive or cast an absentee ballot, (2) unlawfully casts a vote by absentee ballot, (3) unlawfully provides information to any member of the public concerning the identity or address of any applicant or recipient of an absentee ballot as prohibited by RCW 29.36.097, or (4) willfully violates any provision regarding the conduct of mail ballot special elections under RCW 29.36.120 through 29.36.139 is guilty of a class C felony.  Except as provided in chapter 29.85 RCW a person who willfully violates any other provision of this chapter is guilty of a misdemeanor.