SB 5738 -
By Senators Oemig, Roach, Benton, Fairley, Hargrove
ADOPTED 03/12/2007
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 29A.40.110 and 2006 c 207 s 4 and 2006 c 206 s 6 are
each reenacted and amended to read as follows:
(1) The opening and subsequent processing of return envelopes for
any primary or election may begin 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. All personnel assigned to
verify signatures must receive training on statewide standards for
signature verification. Personnel 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. Verification may be
conducted by an automated verification system approved by the secretary
of state. 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.
(4) 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.
Sec. 2 RCW 29A.44.090 and 2003 c 111 s 1109 are each amended to
read as follows:
((A registered voter shall not be allowed to vote in the precinct
in which he or she is registered at any election or primary for which
that voter has cast an absentee ballot. A registered voter who has
requested an absentee ballot for a primary or special or general
election but chooses to vote at the voter's precinct polling place in
that primary or election shall cast a provisional ballot. The
canvassing board shall not count the ballot if it finds that the voter
has also voted by absentee ballot in that primary or election.)) If a
registered voter who was issued an absentee or mail ballot requests to
vote at a polling place, the precinct election officer shall attempt to
confirm whether the voter has already returned an absentee or mail
ballot. Confirmation may be achieved by accessing the county voter
registration system by electronic, telephonic, or other means.
(1) If the precinct election officer is able to confirm that the
voter has not already returned an absentee or mail ballot, the voter
may be issued a regular ballot. In order to prevent multiple voting,
the voter must be immediately credited or flagged in the voter
registration system as having voted. If an absentee or mail ballot is
subsequently returned, the canvassing board may not count the absentee
or mail ballot.
(2) If the precinct election officer is unable to confirm whether
the voter has already returned a ballot, the voter must be issued a
provisional ballot. If the voter has already returned an absentee or
mail ballot, the canvassing board may not count the provisional ballot.
If the canvassing board counts the provisional ballot and an absentee
or mail ballot is subsequently returned, the canvassing board may not
count the absentee or mail ballot.
Sec. 3 RCW 29A.60.165 and 2006 c 209 s 4 and 2006 c 208 s 1 are
each reenacted and amended to read as follows:
(1) If the voter neglects to sign the ((outside envelope of)) oath
on an absentee or provisional ballot envelope, signs the oath with a
mark and fails to have two witnesses attest to the signature, or signs
the ballot envelope but the signature on the envelope does not match
the signature on the voter registration record, the auditor shall
notify the voter by first class mail ((and advise the voter)) of the
correct procedures for ((completing the unsigned affidavit)) curing the
signature. If ((the)) such an absentee ballot is not 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
by 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 information in the voter registration record
((information)).
((In order for the ballot to be counted)) (2) If the voter neglects
to sign the oath on an absentee or provisional ballot envelope, or
signs the oath with a mark and fails to have two witnesses attest to
the signature, 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 first class mail, enclosing a copy of the envelope affidavit, and
advise the voter of the correct procedures for updating his or her
signature on the voter registration file. If the absentee or
provisional 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)) (3) If the signature on the oath of an absentee or
provisional ballot envelope does not match the signature on the voter
registration record, the voter must ((either)):
(((i)))(a) Appear in person and sign a new registration form no
later than the day before ((the)) certification of the primary or
election. The updated signature provided on the new registration form
becomes the signature on the voter registration record for the current
election and future elections; ((or)) (b) Sign a copy of the affidavit provided by the auditor and
((
(ii)return it to the auditor no later than the day before the
certification of the primary or election. The voter may enclose with
the affidavit)) provide a photocopy of a valid government or tribal
issued identification document that includes the voter's current
signature. ((If)) The signatures on ((the copy of)) the affidavit
((does not match the signature on file or the signature on the copy
of)), the identification ((document, the voter must appear in person
and sign a new registration form)), and the ballot envelope must all
match. The voter must return the signed affidavit and the
identification to the auditor no later than the day before ((the))
certification of the primary or election ((in order for the ballot to
be counted)). The county auditor may also send the voter a new
registration form to update the signature on the voter registration
record for future elections; or
(c) Sign a copy of the affidavit provided by the auditor in front
of two witnesses who are registered voters and who attest to the
signature. The signature on the affidavit must match the signature on
the ballot envelope. The voter must return the signed affidavit to the
auditor no later than the day before certification of the primary or
election. The county auditor may also send the voter a new
registration form to update the signature on the voter registration
record for future elections.
(((b))) (4) If the signature on an absentee or provisional ballot
envelope is not the same as the signature on the registration ((file))
record 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)) record 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))) (5) A voter may not cure a missing or mismatched signature
for purposes of counting the ballot in a recount.
(((4))) (6) 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 42.56 RCW and may be disclosed to interested
parties on written request."
SB 5738 -
By Senators Oemig, Roach, Benton, Fairley, Hargrove
ADOPTED 03/12/2007
On page 1, line 1 of the title, after "mail;" strike the remainder of the title and insert "amending RCW 29A.44.090; and reenacting and amending RCW 29A.40.110 and 29A.60.165."