SHB 2695 -
By Committee on Government Operations & Elections
ADOPTED 03/03/2006
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 29A.60.165 and 2005 c 243 s 8 are each amended to
read as follows:
(1) If the voter neglects to sign the outside envelope of an
absentee or provisional ballot, the auditor shall notify the voter by
((telephone)) first class mail and advise the voter of the correct
procedures for completing the unsigned affidavit. ((If the auditor is
not able to provide the information personally to the voter by
telephone, then the voter must be contacted by first class mail and
advised of the correct procedures for completing the unsigned
affidavit. Leaving a voice mail message for the voter is not to be
considered as personally contacting the voter.)) If the absentee
ballot is received within three business days of the final meeting of
the canvassing board, or the voter has been notified by first class
mail and has not responded at least three business days before the
final meeting of the canvassing board, then the auditor shall attempt
to notify the voter by telephone, using the voter registration record
information. In order for the ballot to be counted, the voter must
either:
(a) Appear in person and sign the envelope no later than the day
before the certification of the primary or election; or
(b) Sign a copy of the envelope provided by the auditor, and return
it to the auditor no later than the day before the certification of the
primary or election.
(2)(a) If the handwriting of the signature on an absentee or
provisional ballot envelope is not the same as the handwriting of the
signature on the registration file, the auditor shall notify the voter
by ((telephone)) first class mail, enclosing a voter registration form,
and advise the voter of the correct procedures for updating his or her
signature on the voter registration file. ((If the auditor is not able
to provide the information personally to the voter by telephone, then
the voter must be contacted by first class mail and advised of the
correct procedures for completing the unsigned affidavit. Leaving a
voice mail message for the voter is not to be considered as personally
contacting the voter.)) If the absentee ballot is received within
three business days of the final meeting of the canvassing board, or
the voter has been notified by first class mail and has not responded
at least three business days before the final meeting of the canvassing
board, then the auditor shall attempt to notify the voter by telephone,
using the voter registration record information. In order for the
ballot to be counted, the voter must ((either:)) provide a new registration form no
later than the day before the certification of the primary or
election((
(i) Appear in person and sign; or)).
(ii) Sign a copy of the affidavit provided by the auditor and
return it to the auditor no later than the day before the certification
of the primary or election. If the signature on the copy of the
affidavit does not match the signature on file, the voter must appear
in person and sign a new registration form no later than the day before
the certification of the primary or election in order for the ballot to
be counted
(b) If the signature on an absentee or provisional ballot envelope
is not the same as the signature on the registration file because the
name is different, the ballot may be counted as long as the handwriting
is clearly the same. The auditor shall send the voter a change-of-name
form under RCW 29A.08.440 and direct the voter to complete the form.
(c) If the signature on an absentee or provisional ballot envelope
is not the same as the signature on the registration file because the
voter used initials or a common nickname, the ballot may be counted as
long as the surname and handwriting are clearly the same.
(3) A voter may not cure a missing or mismatched signature for
purposes of counting the ballot in a recount.
(4) A record must be kept of all ballots with missing and
mismatched signatures. The record must contain the date on which the
voter was contacted or the notice was mailed, as well as the date on
which the voter signed the envelope, a copy of the envelope, a new
registration form, or a change-of-name form. That record is a public
record under chapter 42.17 RCW and may be disclosed to interested
parties on written request."
SHB 2695 -
By Committee on Government Operations & Elections
ADOPTED 03/03/2006
On page 1, line 2 of the title, after "requirements;" strike the remainder of the title and insert "and amending RCW 29A.60.165."