HOUSE OF REPRESENTATIVES

                      Olympia, Washington

Bill Analysis      Bill No.  HB 1109

Clarifying standards for tabulating

absentee and mail ballots

Brief Title                              Hearing Date: 1/29/99

Reps. H. Sommers and D. Schmidt           Staff:  Steve Lundin

Sponsor(s)                          State Government Committee

                                              Phone:  786-7127

BACKGROUND:

Voters may vote using different procedures, including casting regular ballots at polling places, casting absentee ballots, and casting mail ballots.

A voter may obtain an absentee ballot for a single election or primary or may become an on-going absentee voter and automatically receive an absentee ballot for all elections and primaries.

Three different vote by mail provisions exist as follows:

oThe county auditor may designate a precinct with 200 or fewer active registered voters as a vote-by-mail precinct.  All subsequent primaries and elections, special and general elections, whether held in an odd-numbered or even-numbered year, are conducted using mail ballots.

oAny local government may request that a mail ballot election be held at a special election it calls, or requests be called, and the county auditor may authorize, if the special election is not held in conjunction with a state primary or general election and if a partisan elective office is not considered at the primary or election.

oThe county auditor, at his or her discretion, may conduct a primary in any odd-numbered year using mail ballots, except where a partisan office, statewide office, or state ballot proposition appears on the ballot.

Mail ballots are generally handled and processed in the same manner as absentee ballots.

Absentee ballots and mail ballots must be mailed to voters at least 20 days prior to the election or primary for which they are issued.  Election results are certified 10 days after a special election or primary and 15 days after a general election.

Absentee ballots and mail ballots are tabulated if they are post marked on or before the day of the election or primary and received by the county auditor on or before the day election results are certified.  The date the voter certifies he or she cast her ballot is used, in lieu of using the post mark date, for overseas or service ballots.

Federal law requires that ballots sent to overseas voters or service voters have a transit time of at least 45 days, which means that the ballots must be mailed to these voters 45 or more days prior to the last day the ballots may be returned to the election officials to be counted.

SUMMARY:

Various changes are made to the use of absentee ballots and mail ballots.

Absentee ballots and mail ballots must be mailed or delivered to voters other than overseas voters or service voters at least 12, but no more than 14, days prior to the primary or election for which they are issued, rather than at least 20 days prior to the date of the election or primary for which they are issued.

Requirements are established for tabulating absentee ballots and mail ballots.  Absentee ballots and mail ballots expeditiously.  Efforts must be made to tabulate all absentee ballots and mail ballots on the day of the primary or election that are in the possession of the auditor.  Regular efforts must be made to tabulate the remaining ballots in a timely manner at least every second working day after the primary or election.

Changes are made to the requirements when an absentee ballot or mail ballot must be received by the county auditor for the ballot to be counted.  An absentee ballot or mail ballot, for voters other than overseas voters or service voters, may only be counted if it is received by the county auditor on or before the close of polling places on the day of the primary or election for which it is issued, whether the ballot is mailed to the auditor or deposited at a polling place or deposited directly with the county auditor.

FISCAL NOTE:  Not requested.

EFFECTIVE DATE:  Ninety days after adjournment of session in which bill is passed.