5499-S AMS ROAC GORR 021

03/10/2005 PULLED

SSB 5499 - S AMD TO S AMD (KAST HESS 012)113

By Senator Roach

On page 8, beginning on line 6, strike all of section 5 and insert the following:

"NEW SECTION. Sec. 5. A new section is added to chapter 29A.40 RCW to read as follows:

(1) The county auditor shall accept and count absentee ballots for persons serving in the United States armed forces stationed outside the United States in accordance with this section and RCW 29A.40.110. For a member of the armed forces stationed outside the United States who receives an absentee ballot on or after the date of the election, in order to have his or her ballot counted, he or she must attach an affidavit signed by the person and his or her commanding officer, stating the date on which the ballot was received.

(2) All absentee ballots received from persons under subsection (1) of this section at any time whether before or after certification of the election, until any and all recounts have concluded and been certified, shall be counted.

Sec. 6. RCW 29A.40.110 and 2003 c 111 s 1011 are each amended to read as follows:

(1) The opening and subsequent processing of return envelopes for any primary or election may begin ((on or after the tenth day before the primary or election)) upon receipt. The tabulation of absentee ballots must not commence until after 8:00 p.m. on the day of the primary or election.

(2) All received absentee return envelopes must be placed in secure locations from the time of delivery to the county auditor until their subsequent opening. After opening the return envelopes, the county canvassing board shall place all of the ballots in secure storage until after 8:00 p.m. of the day of the primary or election. Absentee ballots that are to be tabulated on an electronic vote tallying system may be taken from the inner envelopes and all the normal procedural steps may be performed to prepare these ballots for tabulation.

(3) Before opening a returned absentee ballot, the canvassing board, or its designated representatives, shall examine the postmark, statement, and signature on the return envelope that contains the security envelope and absentee ballot. They shall verify that the voter's signature on the return envelope is the same as the signature of that voter in the registration files of the county. For registered voters casting absentee ballots, the date on the return envelope to which the voter has attested determines the validity, as to the time of voting for that absentee ballot if the postmark is missing or is illegible. For out-of-state voters, overseas voters, and service voters stationed in the United States, the date on the return envelope to which the voter has attested determines the validity as to the time of voting for that absentee ballot. For service voters stationed outside the United States, the date on the return envelope to which the voter has attested determines the validity as to the time of voting for that absentee ballot unless there is an affidavit included with the ballot in accordance with section 3 of this act, in which case section 3 of this act determines validity with regard to the time of voting. For any absentee ballot, a variation between the signature of the voter on the return envelope and the signature of that voter in the registration files due to the substitution of initials or the use of common nicknames is permitted so long as the surname and handwriting are clearly the same."

Renumber the sections consecutively and correct any internal references accordingly.

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

By Senator ....

On page 20, on line 23 of the title amendment, after "29A.84.650;", strike "adding a new section" and insert "adding new sections"

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EFFECT: Allows the vote of overseas military voters to count even if their ballot was received by the county auditor after certification if the ballot is accompanied by an affidavit attesting to the fact the ballot was received on or after the date of election, provided that the election is still in question.