BILL REQ. #:  Z-0463.1 

Read first time 01/22/2007.   Referred to Committee on State Government & Tribal Affairs.

     AN ACT Relating to administering elections by mail; amending RCW 29A.40.150, 29A.44.090, 29A.48.060, 29A.60.110, 29A.60.170, 29A.60.190, and 29A.60.190; reenacting and amending RCW 29A.40.110 and 29A.60.165; providing an effective date; and providing an expiration date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

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.40.150 and 2006 c 206 s 7 are each amended to read as follows:
     The secretary of state shall produce and furnish envelopes and instructions for overseas voters and service voters. The information on the envelopes or instructions must explain that:
     (1) Return postage is free if the ballot is mailed through the United States postal service, United States armed forces postal service, or the postal service of a United States foreign embassy;
     (2) The date of the signature is considered the date of mailing;
     (3) The envelope must be signed by election day;
     (4) The signed declaration on the envelope is the equivalent of voter registration;
     (5) A voter may ((fax)) return a voted ballot and the accompanying signed envelope electronically if the voter agrees to waive secrecy((. The ballot will be counted if the original documents are received before certification of the election)); and
     (6) A voter may obtain a ballot via electronic mail, which the voter may print out, vote, and return ((by mail)). In order to facilitate the electronic acquisition of ballots by overseas and service voters, the ballot instructions shall include the web site of the office of the secretary of state.

Sec. 3   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.)) (1) If a registered voter who was issued an absentee or mail ballot requests to vote at a polling place, the voter must be issued a provisional ballot. The canvassing board ((shall)) may not count the provisional ballot if it finds that the voter ((has)) also ((voted by)) cast an absentee or mail ballot ((in that primary or election)).
     (2) 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. Confirmation may be achieved by accessing the county voter registration system by electronic, telephonic, or other means. If the precinct election officer is unable to confirm whether the voter has returned a ballot, the voter must be issued a provisional ballot. If the voter is issued a regular ballot, the voter must be immediately credited or flagged as having voted in order to prevent multiple voting. If an absentee or mail ballot is subsequently returned, the canvassing board may not count the absentee or mail ballot.

Sec. 4   RCW 29A.48.060 and 2003 c 111 s 1206 are each amended to read as follows:
     All mail ballots authorized by RCW 29A.48.010, 29A.48.020, or 29A.48.030 must contain the same offices, names of nominees or candidates, and propositions to be voted upon, including precinct offices, as if the ballot had been voted in person at the polling place. Except as otherwise provided by law, mail ballots must be treated in the same manner as absentee ballots issued at the request of the voter. If electronic vote tallying devices are used, political party observers must be given the opportunity to be present, and a test of the equipment must be performed as required by RCW 29A.12.130 before tabulating ballots. ((Political party observers may select at random ballots to be counted manually as provided by RCW 29A.60.170.))

Sec. 5   RCW 29A.60.110 and 2003 c 111 s 1511 are each amended to read as follows:
     Immediately after their tabulation, all ballots counted at a ballot counting center must be sealed in containers that identify the primary or election and be retained for at least sixty days or according to federal law, whichever is longer. All ballots tallied by poll-site ballot counting devices must be returned to the elections department in sealed ballot containers on election day. Counties composed entirely of islands or portions of counties composed of islands shall collect the ballots within twenty-four hours of the close of the polls.
     Ballots tabulated in poll-site ballot counting devices must be sealed by two of the election precinct officers at the polling place, and a log of the seal and the names of the people sealing the container must be completed. One copy of this log must be retained by the inspector, one copy must be placed in the ballot transfer case, and one copy must be transported with the ballots to the elections department, where the seal number must be verified by the county auditor or a designated representative. Ballots may be transported by one election employee if the container is sealed at the poll and then verified when returned to the elections department. Auditors using poll-site ballot counting devices may conduct early pickup of counted ballots on election day.
     In the presence of major party observers who are available, ballots may be removed from the sealed containers at the elections department and consolidated into one sealed container for storage purposes. The containers may only be opened by the canvassing board as part of the canvass, or to conduct recounts, or under RCW 29A.60.170(((3))), or by order of the superior court in a contest or election dispute. If the canvassing board opens a ballot container, it shall make a full record of the additional tabulation or examination made of the ballots. This record must be added to any other record of the canvassing process in that county.

Sec. 6   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
     (ii))) (b) 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. 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.

Sec. 7   RCW 29A.60.170 and 2003 c 111 s 1517 are each amended to read as follows:
     (1) The counting center in a county using voting systems is under the direction of the county auditor and must be observed by one representative from each major political party, if representatives have been appointed by the respective major political parties and these representatives are present while the counting center is operating. The proceedings must be open to the public, but no persons except those employed and authorized by the county auditor may touch any ballot or ballot container or operate a vote tallying system.
     (2) ((In counties in which ballots are not counted at the polling place, the official political party observers, upon mutual agreement, may request that a precinct be selected at random on receipt of the ballots from the polling place and that a manual count be made of the number of ballots and of the votes cast on any office or issue. The ballots for that precinct must then be counted by the vote tallying system, and this result will be compared to the results of the manual count. This may be done as many as three times during the tabulation of ballots on the day of the primary or election.
     (3) In counties using poll-site ballot counting devices, the political party observers, upon mutual agreement, may choose as many as three precincts and request that a manual count be made of the number of ballots and the votes cast on any office or issue. The results of this count will be compared to the count of the precinct made by the poll-site ballot counting device. These selections must be made no later than thirty minutes after the close of the polls.)) Upon mutual agreement, the political party observers may request that one race or issue be counted manually, and that the results of the manual count be compared to the results of the vote tallying system. The mutual request must be made by 8:00 p.m. on the day of the primary or election. The number of ballots counted may not exceed five hundred ballots. The manual count must be completed no later than two days after the primary or election. The process must take place at a location designated by the county auditor for that purpose. The political party observers must receive timely notice of the time and location, and have the right to be present. However, the process must proceed as scheduled if the observers are unable to attend.

Sec. 8   RCW 29A.60.190 and 2006 c 344 s 16 are each amended to read as follows:
     (1) Except as provided by subsection (3) of this section, fifteen days after a primary or special election and twenty-one days after a general election, the county canvassing board shall complete the canvass and certify the results. Each absentee ballot that was returned before the closing of the polls, and each absentee ballot bearing a postmark on or before the date of the primary or election and received on or before the date on which the primary or election is certified, must be included in the canvass report. If a service voter or overseas voter returned an absentee ballot by electronic transmission, the original documents need not be received on or before the date on which the primary or election is certified in order to be included in the canvass report.
     (2) At the request of a caucus of the state legislature, the county auditor shall transmit copies of all unofficial returns of state and legislative primaries or elections prepared by or for the county canvassing board to either the secretary of the senate or the chief clerk of the house of representatives.
     (3) On or before the thirtieth day after an election conducted under the instant runoff voting method for the pilot project authorized by RCW 29A.53.020, the canvassing board shall complete the canvass and certify the results.

Sec. 9   RCW 29A.60.190 and 2006 c 344 s 17 are each amended to read as follows:
     (1) Fifteen days after a primary or special election and twenty-one days after a general election, the county canvassing board shall complete the canvass and certify the results. Each absentee ballot that was returned before the closing of the polls, and each absentee ballot bearing a postmark on or before the date of the primary or election and received on or before the date on which the primary or election is certified, must be included in the canvass report. If a service voter or overseas voter returned an absentee ballot by electronic transmission, the original documents need not be received on or before the date on which the primary or election is certified in order to be included in the canvass report.
     (2) At the request of a caucus of the state legislature, the county auditor shall transmit copies of all unofficial returns of state and legislative primaries or elections prepared by or for the county canvassing board to either the secretary of the senate or the chief clerk of the house of representatives.

NEW SECTION.  Sec. 10   Section 8 of this act expires July 1, 2013.

NEW SECTION.  Sec. 11   Section 9 of this act takes effect July 1, 2013.