WSR 03-18-022

PROPOSED RULES

OFFICE OF THE

SECRETARY OF STATE

[ Filed August 25, 2003, 1:23 p.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 03-11-062.

     Title of Rule: Signatures that do not match on absentee ballots.

     Purpose: Establish uniform procedures and practices.

     Statutory Authority for Adoption: RCW 29.04.080.

     Summary: Directs the auditor to either contact the voter directly or send the voter a [voters] registration form to update their signature or complete a name change.

     Reasons Supporting Proposal: Establish uniform procedures and practices.

     Name of Agency Personnel Responsible for Drafting: Bill Huennekens, Office of the Secretary of State, (360) 902-4169; Implementation and Enforcement: Dave Elliott, Office of the Secretary of State, (360) 902-4169.

     Name of Proponent: Secretary of State, governmental.

     Rule is not necessitated by federal law, federal or state court decision.

     Explanation of Rule, its Purpose, and Anticipated Effects: Directs the auditor to either contact the voter directly or send the voter a [voters] registration form to update their signature or complete a name change.

     Proposal does not change existing rules.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. No impact on small businesses.

     RCW 34.05.328 does not apply to this rule adoption. RCW 34.05.328 (5)(b)(ii) establishes that this section does not apply to rules relating only to internal government operations.

     Hearing Location: Office of the Secretary of State, 520 Union Avenue S.E., Olympia, WA, on October 14, 2003, at 10:00 a.m.

     Assistance for Persons with Disabilities: Contact Bill Huennekens by October 13, 2003, TDD (800) 422-8683.

     Submit Written Comments to: Bill Huennekens, Office of the Secretary of State, P.O. Box 40229, Olympia, WA 98504-0229, fax (360) 586-5629, by October 13, 2003.

     Date of Intended Adoption: December 1, 2003.

August 25, 2003

Steve Excell

Assistant Secretary of State

OTS-6526.1


NEW SECTION
WAC 434-240-245   Procedure for signatures that don't match.   If the signature on the return envelope of an absentee ballot is not the same as the signature of the voter on the registration file pursuant to RCW 29.36.310 and WAC 434-240-240, the auditor shall either:

     (1) Send the voter a voter registration form and a notice asking for the voter to update their signature for the voter registration file by filling out a new registration form and forwarding it to the auditor; or

     (2) Contact the voter directly and inform them that the signature on their return envelope does not match and that the voter may update their signature by filling out a new voter registration form.

     If the signature is not the same because the name is different, the auditor shall send the voter a voter registration form and notice directing the voter to complete the form, including the appropriate steps to change their name on the voter registration files or complete a name change pursuant to RCW 29.10.051.

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