5499-S AMS MORT HYSO 001

PULLED 03/10/2005

SSB 5499 - S AMD TO S AMD (KAST HESS 012)100

By Senator Morton

On page 1, after line 3, insert the following:

"NEW SECTION. Sec. 1. The legislature finds that a person's right to privacy with respect to his or her vote for an elective office is of the highest importance, and it is the duty of the legislature to do everything within the constitutional limitations of its power to protect that privacy. It is the intent of the legislature to protect each person's vote by disallowing the practice of altering, defacing, removing, covering, or destroying by any means a vote of a citizen.

NEW SECTION. Sec. 2. A new section is added to chapter 29A.04 RCW to read as follows:

"Mark of identification" means any mark, symbol, sign, spot, dot, or speck placed on a ballot that either does not follow the rules of the voting procedure provided for in the voting directions or has the potential to link a ballot to a particular voter. A vote for a candidate on a ballot that fully adheres to the rules of the voting procedure provided for in the voting directions is not a mark of identification.

NEW SECTION. Sec. 3. A new section is added to chapter 29A.04 RCW to read as follows:

"Ballot enhancement" is the process of adding, modifying, or covering marks of identification on a ballot to ensure that the electronic voting equipment will tally the votes on the ballot in the manner intended by the voter, or as directed by the canvassing board."

Renumber the sections following consecutively and correct internal references accordingly.

SSB 5499 - S AMD TO S AMD (KAST HESS 012)

By Senator Morton

On page 11, beginning on line 9, strike all of section 10 and insert the following:

"NEW SECTION. Sec. 10 A new section is added to chapter 29A.60 RCW to read as follows:

(1) Ballots may not be enhanced, as that term is defined in section 3 of this act. If a ballot is rejected by a tabulating machine during the tallying or machine recount process, the ballot must be separated from all other validly tabulated ballots and later considered by the canvassing board. If the voter did not follow the rules of the voting procedure provided for in the voting directions, the canvassing board is prohibited from inferring intent or enhancing or duplicating a ballot and must reject the ballot as invalid. Any marks of identification, as that term is defined in section 2 of this act, on a ballot, invalidate the ballot.

(2) A ballot may not be enhanced or duplicated for any reason."

SSB 5499 - S AMD TO S AMD (KAST HESS 012)

By Senator Morton

On page 20, line 23 of the title amendment, after "29A.84.650;" insert "adding new sections to chapter 29A.04 RCW;" and on page 20, line 26 of the title amendment, after "RCW;" insert "creating a new section;"

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EFFECT: (1) Defines "mark of identification;"

(2) Defines "ballot enhancement;"

(3) Prohibits ballot enhancement and duplication;

(4) Prohibits inference of intent by canvassing boards;

(5) Requires that canvassing board reject ballots if voter did not follow voting directions.