BILL REQ. #:  H-1703.1 

READ FIRST TIME 02/06/07.   

     AN ACT Relating to voter registration; amending RCW 29A.08.113, 29A.08.115, 29A.08.125, 29A.08.135, 29A.08.140, 29A.08.410, 29A.08.430, 29A.08.510, 29A.08.520, 29A.08.605, 29A.08.640, 29A.08.651, 29A.40.010, 29A.40.020, 29A.40.061, 29A.40.091, and 29A.60.235; reenacting and amending RCW 29A.04.611, 29A.08.620, and 29A.40.110; and repealing RCW 29A.04.103, 29A.08.145, 29A.08.660, and 29A.08.785.

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

Sec. 1   RCW 29A.04.611 and 2006 c 207 s 1 and 2006 c 206 s 2 are each reenacted and amended to read as follows:
     The secretary of state as chief election officer shall make reasonable rules in accordance with chapter 34.05 RCW not inconsistent with the federal and state election laws to effectuate any provision of this title and to facilitate the execution of its provisions in an orderly, timely, and uniform manner relating to any federal, state, county, city, town, and district elections. To that end the secretary shall assist local election officers by devising uniform forms and procedures.
     In addition to the rule-making authority granted otherwise by this section, the secretary of state shall make rules governing the following provisions:
     (1) The maintenance of voter registration records;
     (2) The preparation, maintenance, distribution, review, and filing of precinct maps;
     (3) Standards for the design, layout, and production of ballots;
     (4) The examination and testing of voting systems for certification;
     (5) The source and scope of independent evaluations of voting systems that may be relied upon in certifying voting systems for use in this state;
     (6) Standards and procedures for the acceptance testing of voting systems by counties;
     (7) Standards and procedures for testing the programming of vote tallying software for specific primaries and elections;
     (8) Standards and procedures for the preparation and use of each type of certified voting system including procedures for the operation of counting centers where vote tallying systems are used;
     (9) Standards and procedures to ensure the accurate tabulation and canvassing of ballots;
     (10) Consistency among the counties of the state in the preparation of ballots, the operation of vote tallying systems, and the canvassing of primaries and elections;
     (11) Procedures to ensure the secrecy of a voter's ballot when a small number of ballots are counted at the polls or at a counting center;
     (12) The use of substitute devices or means of voting when a voting device at the polling place is found to be defective, the counting of votes cast on the defective device, the counting of votes cast on the substitute device, and the documentation that must be submitted to the county auditor regarding such circumstances;
     (13) Procedures for the transportation of sealed containers of voted ballots or sealed voting devices;
     (14) The acceptance and filing of documents via electronic facsimile;
     (15) Voter registration applications and records;
     (16) The use of voter registration information in the conduct of elections;
     (17) The coordination, delivery, and processing of voter registration records accepted by driver licensing agents or the department of licensing;
     (18) The coordination, delivery, and processing of voter registration records accepted by agencies designated by the governor to provide voter registration services;
     (19) Procedures to receive and distribute voter registration applications by mail;
     (20) Procedures for a voter to change his or her voter registration address within a county by telephone;
     (21) Procedures for a voter to change the name under which he or she is registered to vote;
     (22) Procedures for canceling dual voter registration records and for maintaining records of persons whose voter registrations have been canceled;
     (23) Procedures for the electronic transfer of voter registration records between county auditors and the office of the secretary of state;
     (24) Procedures and forms for declarations of candidacy;
     (25) Procedures and requirements for the acceptance and filing of declarations of candidacy by electronic means;
     (26) Procedures for the circumstance in which two or more candidates have a name similar in sound or spelling so as to cause confusion for the voter;
     (27) Filing for office;
     (28) The order of positions and offices on a ballot;
     (29) Sample ballots;
     (30) Independent evaluations of voting systems;
     (31) The testing, approval, and certification of voting systems;
     (32) The testing of vote tallying software programming;
     (33) Standards and procedures to prevent fraud and to facilitate the accurate processing and canvassing of absentee ballots and mail ballots, including standards for the approval and implementation of hardware and software for automated signature verification systems;
     (34) Standards and procedures to guarantee the secrecy of absentee ballots and mail ballots;
     (35) Uniformity among the counties of the state in the conduct of absentee voting and mail ballot elections;
     (36) Standards and procedures to accommodate ((out-of-state voters,)) overseas voters((,)) and service voters;
     (37) The tabulation of paper ballots before the close of the polls;
     (38) The accessibility of polling places and registration facilities that are accessible to elderly and disabled persons;
     (39) The aggregation of precinct results if reporting the results of a single precinct could jeopardize the secrecy of a person's ballot;
     (40) Procedures for conducting a statutory recount;
     (41) Procedures for filling vacancies in congressional offices if the general statutory time requirements for availability of absentee ballots, certification, canvassing, and related procedures cannot be met;
     (42) Procedures for the statistical sampling of signatures for purposes of verifying and canvassing signatures on initiative, referendum, and recall election petitions;
     (43) Standards and deadlines for submitting material to the office of the secretary of state for the voters' pamphlet;
     (44) Deadlines for the filing of ballot titles for referendum bills and constitutional amendments if none have been provided by the legislature;
     (45) Procedures for the publication of a state voters' pamphlet;
     (46) Procedures for conducting special elections regarding nuclear waste sites if the general statutory time requirements for availability of absentee ballots, certification, canvassing, and related procedures cannot be met;
     (47) Procedures for conducting partisan primary elections;
     (48) Standards and procedures for the proper conduct of voting during the early voting period to provide accessability for the blind or visually impaired;
     (49) Standards for voting technology and systems used by the state or any political subdivision to be accessible for individuals with disabilities, including nonvisual accessibility for the blind and visually impaired, in a manner that provides the same opportunity for access and participation, including privacy and independence, as other voters;
     (50) All data formats for transferring voter registration data on electronic or machine-readable media for the purpose of administering the statewide voter registration list required by the Help America Vote Act (P.L. 107-252);
     (51) Defining the interaction of electronic voter registration election management systems employed by each county auditor to maintain a local copy of each county's portion of the official state list of registered voters;
     (52) Provisions and procedures to implement the state-based administrative complaint procedure as required by the Help America Vote Act (P.L. 107-252);
     (53) Facilitating the payment of local government grants to local government election officers or vendors; and
     (54) Standards for the verification of signatures on absentee, mail, and provisional ballot envelopes.

Sec. 2   RCW 29A.08.113 and 2005 c 246 s 7 are each amended to read as follows:
     (1) If a voter who registered by mail indicates on the voter registration form that he or she does not have a Washington state driver's license, Washington state identification card, or Social Security number, he or she must provide one of the following forms of identification on or before the first time he or she votes after registering:
     (a) Valid photo identification;
     (b) A valid enrollment card of a federally recognized Indian tribe in Washington state;
     (c) A copy of a current utility bill;
     (d) A current bank statement;
     (e) A copy of a current government check;
     (f) A copy of a current paycheck; or
     (g) A government document that shows both the name and address of the voter.
     (2) If the voter fails to provide one of the above forms of identification prior to or at the time of voting, the ballot must be treated as a provisional ballot regardless of whether the voter is voting at a poll site or by mail. The ballot may only be counted if the ((voter's signature on the outside envelope matches the signature in the voter registration records)) voter provides the identification no later than the day before certification of the primary or election.
     (3) The requirements of this section do not apply to an ((out-of-state,)) overseas((,)) or service voter who registers to vote by signing the return envelope of the absentee ballot.

Sec. 3   RCW 29A.08.115 and 2005 c 246 s 8 are each amended to read as follows:
     A person or organization collecting voter registration application forms must transmit the forms to the secretary of state or a county auditor ((at least once weekly)) within five days of receipt of a completed application form. The registration date on such forms will be the date they are received by the secretary of state or county auditor.

Sec. 4   RCW 29A.08.125 and 2005 c 246 s 9 are each amended to read as follows:
     (1) Each county auditor shall maintain a computer file containing a copy of each record of all registered voters within the county contained on the official statewide voter registration list for that county.
     (2) ((The secretary of state shall at least quarterly review and update the records of all registered voters on the official statewide voter registration data base to make additions and corrections.
     (3))) The computer file must include, but not be limited to, each voter's last name, first name, middle initial, date of birth, residence address, gender, date of registration, applicable taxing district and precinct codes, and the last date on which the individual voted.
     (((4))) (3) The county auditor shall subsequently record each consecutive date upon which the individual has voted and retain all such consecutive dates.

Sec. 5   RCW 29A.08.135 and 2004 c 267 s 111 are each amended to read as follows:
     ((The county auditor shall acknowledge each new voter registration or transfer by providing or sending the voter a card identifying his or her current precinct and containing such other information as may be prescribed by the secretary of state.)) (1) When a person who has previously registered to vote in another state applies for voter registration, the person shall provide on the registration form((,)) all information needed to cancel any previous registration. Notification must be made to the state elections office of the applicant's previous state of registration.
     (2) A county auditor receiving official information that a voter has registered to vote in another state shall immediately cancel that voter's registration on the official state voter registration list.

Sec. 6   RCW 29A.08.140 and 2006 c 97 s 1 are each amended to read as follows:
     ((The registration files of all precincts shall be closed against transfers for thirty days immediately preceding every primary, special election, and general election to be held in such precincts.))
     (1) A person who is not registered to vote in Washington must register by the following deadlines in order to vote in an upcoming primary, special election, or general election:
     (a) At least thirty days before the primary, special election, or general election if registering by mail; or
     (b) At least fifteen days before the primary, special election, or general election if registering in person at the county auditor's office. A person who registers under this subsection will be issued an absentee or mail ballot for the upcoming primary, special election, or general election.
     (2) A registered voter who changes his or her residence within a county or from one county to another must transfer his or her registration at least thirty days before a primary, special election, or general election in order to be in effect for that primary, special election, or general election.
     (3) The county auditor shall acknowledge each transfer or new voter registration by providing the voter a card identifying his or her current precinct and containing such other information as may be prescribed by the secretary of state.
     (4) The county auditor shall give notice of the ((closing of the precinct files for transfer and notice of the special registration and voting procedure provided by RCW 29A.08.145)) registration deadlines by one publication in a newspaper of general circulation in the county at least ((five)) thirty-five days before the ((closing of the precinct files.
     No person may vote at any primary, special election, or general election in a precinct polling place unless he or she has registered to vote at least thirty days before that primary or election and appears on the official statewide voter registration list. If a person, otherwise qualified to vote in the state, county, and precinct in which he or she applies for registration, does not register at least thirty days before any)) primary, special election, or general election((, he or she may register and vote by absentee ballot for that primary or election under RCW 29A.08.145)).

Sec. 7   RCW 29A.08.410 and 2003 c 111 s 228 are each amended to read as follows:
     ((To maintain a valid voter registration,)) A registered voter who changes his or her residence from one address to another within the same county ((shall)) must transfer his or her registration to the new address in one of the following ways and the county auditor must mail the voter an acknowledgement notice within sixty days:
     (1) Sending to the county auditor a ((signed)) request stating the voter's present address and the address from which the voter was last registered;
     (2) Appearing in person before the auditor and ((signing)) making such a request;
     (3) Transferring the registration in the manner provided by RCW 29A.08.430; ((or))
     (4) Telephoning the county auditor to transfer the registration((. The telephone call transferring a registration by telephone must be received by the auditor before the precinct registration files are closed to new registrations for the next primary or special or general election in which the voter participates)); or
     (5) Submitting a new voter registration form.

Sec. 8   RCW 29A.08.430 and 2004 c 267 s 123 are each amended to read as follows:
     (1) A ((person who is registered to vote in this state)) registered voter may transfer his or her voter registration at a polling place on the day of a primary, special election, or general election ((or primary under the following procedures:
     (a) The voter may complete, at the polling place,)) by completing a voter registration form ((designed by the secretary of state and supplied by the county auditor; or
     (b))) or, for a change within the county, ((the voter may write)) by writing in his or her new residential address in the precinct list of registered voters.
     ((The county auditor shall determine which of these two procedures are to be used in the county or may determine that both procedures are to be available to voters for use in the county.))
     (2) A voter who transfers his or her registration in the manner authorized by this section shall vote in the precinct in which he or she was previously registered.
     (((3) The auditor shall, within sixty days, mail to each voter who has transferred a registration under this section, an acknowledgement notice detailing his or her current precinct and polling place.))

Sec. 9   RCW 29A.08.510 and 2004 c 267 s 124 are each amended to read as follows:
     ((In addition to case-by-case maintenance under RCW 29A.08.620 and 29A.08.630 and the general program of maintenance of voter registration lists under RCW 29A.08.605,)) Deceased voters will be canceled from voter registration lists as follows:
     (1) ((Periodically)) Monthly, the registrar of vital statistics of the state shall prepare a list of persons who resided in each county, for whom a death certificate was transmitted to the registrar and was not included on a previous list, and shall supply the list to the secretary of state. The secretary of state shall compare this monthly list with the registration records and cancel the registrations of deceased voters ((within at least forty-five days before the next primary or election)).
     (2) In addition, each county auditor may also use newspaper obituary articles as a source of information in order to cancel a voter's registration from the official state voter registration list. The auditor must verify the identity of the voter by matching the voter's date of birth or an address. The auditor shall record the date and source of the obituary in the cancellation records.
     (3) In addition, any registered voter may sign a statement, subject to the penalties of perjury, to the effect that to his or her personal knowledge or belief another registered voter is deceased. This statement may be filed with the county auditor or the secretary of state. Upon the receipt of such signed statement, the county auditor or the secretary of state shall cancel the registration ((records concerned)) from the official state voter registration list.

Sec. 10   RCW 29A.08.520 and 2005 c 246 s 15 are each amended to read as follows:
     (1) Upon receiving official notice of a person's conviction of a felony in either state or federal court, if the convicted person is a registered voter in the county, the county auditor shall cancel the defendant's voter registration. ((Additionally,))
     (2) The secretary of state in conjunction with the department of corrections, the Washington state patrol, the office of the administrator for the courts, and other appropriate state agencies shall arrange for a ((quarterly)) semiannual comparison of a list of known felons with the statewide voter registration list. If a person is found on a felon list and the statewide voter registration list, the secretary of state or county auditor shall confirm the match through a date of birth comparison and suspend the voter registration from the official state voter registration list. The canceling authority shall send to the person at his or her last known voter registration address a notice of the proposed cancellation and an explanation of the requirements for restoring the right to vote once all terms of sentencing have been completed. If the person does not respond within thirty days, the registration must be canceled.
     (((2))) (3) The right to vote may be restored by, for each felony conviction, one of the following:
     (a) A certificate of discharge issued by the sentencing court, as provided in RCW 9.94A.637;
     (b) A court order restoring the right, as provided in RCW 9.92.066;
     (c) A final order of discharge issued by the indeterminate sentence review board, as provided in RCW 9.96.050; or
     (d) A certificate of restoration issued by the governor, as provided in RCW 9.96.020.

Sec. 11   RCW 29A.08.605 and 2004 c 267 s 128 are each amended to read as follows:
     ((In addition to the case-by-case maintenance required under RCW 29A.08.620 and 29A.08.630 and the canceling of registrations under RCW 29A.08.510, the secretary of state and)) The county auditor shall ((cooperatively)) establish a general program of voter registration list maintenance. This program must be a thorough review that is applied uniformly throughout the county and must be nondiscriminatory in its application. ((Any)) The program ((established)) must be completed at least once every two years ((and not later than ninety days before the date of a primary or general election for federal office)) between the first day of October in the odd-numbered year and the first day of June in the even-numbered year. This obligation may be fulfilled in one of the following ways:
     (1) The ((secretary of state may enter into one or more contracts)) county auditor may contract with the United States postal service, or its licensee, ((which)) to permit the use of postal service ((change-of-address)) change of address information. If ((the)) change of address information is received ((from the United States postal service)) that indicates that a voter has changed his or her residence address within the ((state)) county, the auditor shall transfer the registration of that voter and send ((a confirmation)) an acknowledgement notice to the new address informing the voter of the transfer ((to the new address)). If change of address information is received that indicates that a voter has changed his or her residence address from one county to another, the auditor shall place the voter on inactive status and send to all known addresses a confirmation notice and a new voter registration form;
     (2) The county auditor may send a direct, nonforwardable, ((nonprofit or first-class)) return service requested mailing to every registered voter ((bearing the postal endorsement "Return Service Requested.")). If address correction information ((for a voter)) is received by the county auditor ((after this mailing,)) that indicates that a voter has changed his or her residence address within the county, the auditor shall transfer the registration of that voter and send an acknowledgement notice to the new address informing the voter of the transfer. If address correction information is received by the county auditor that indicates that a voter has changed his or her residence address from one county to another, the auditor shall place that voter on inactive status and shall send to ((the voter)) all known addresses a confirmation notice and a new voter registration form;
     (3) Any other method approved by the secretary of state.

Sec. 12   RCW 29A.08.620 and 2004 c 267 s 130 and 2004 c 266 s 8 are each reenacted and amended to read as follows:
     (1) A county auditor shall ((assign a registered voter to inactive status and shall send the voter a confirmation notice if any of the following documents are returned by the postal service as undeliverable:
     (a) An acknowledgement of registration;
     (b) An acknowledgement of transfer to a new address;
     (c) A vote-by-mail ballot, absentee ballot, or application for a ballot;
     (d) Notification to a voter after precinct reassignment;
     (e) Notification to serve on jury duty; or
     (f) Any other document other than a confirmation notice, required by statute, to be mailed by the county auditor to the voter.
     (2) A county auditor shall also assign a registered voter to inactive status and shall send the voter a confirmation notice:
     (a) Whenever change of address information received from the department of licensing under RCW 29A.08.350, or by any other agency designated to provide voter registration services under RCW 29A.08.310, indicates that the voter has moved to an address outside the state; or
     (b) If the auditor receives postal change of address information under RCW 29A.08.605, indicating)) transfer the registration of a voter and send an acknowledgement notice to the new address informing the voter of the transfer if change of address information received from the postal service, the department of licensing, or another agency designated to provide voter registration services indicates that the voter has moved within the county.
     (2) A county auditor shall place a voter on inactive status and send to all known addresses a confirmation notice and a new voter registration form if any of the following occur:
     (a) Change of address information received from the postal service, the department of licensing, or another agency designated to provide voter registration services indicates that the voter has moved from one county to another;
     (b) Any document, other than a confirmation notice, mailed by the county auditor to a voter is returned by the postal service as undeliverable without address correction information; or
     (c) A notification to serve on jury duty is returned by the postal service as undeliverable without address correction information.
     (3) A county auditor shall place a voter on inactive status and send to all known addresses a confirmation notice if change of address information received from the postal service, the department of licensing, or another state agency designated to provide voter registration services indicates that the voter has moved out of the state.

Sec. 13   RCW 29A.08.640 and 2004 c 267 s 132 are each amended to read as follows:
     (1) If the response to the confirmation notice provides the county auditor with the information indicating that the voter has moved within the county, the auditor shall transfer the voter's registration and send the voter an acknowledgement notice.
     (2) If the response indicates ((a move out of a)) that the voter moved out of the county, but within the state, the auditor shall place the registration in inactive status ((for transfer pending acceptance by the county indicated by the new address. The auditor shall immediately notify the auditor of the county with the new address)). The voter must register in the new county by submitting a new voter registration form.
     (3) If the response indicates that the voter has left the state, the auditor shall cancel the voter's registration on the official state voter registration list.

Sec. 14   RCW 29A.08.651 and 2005 c 246 s 16 are each amended to read as follows:
     (1) The office of the secretary of state shall create and maintain a statewide voter registration data base. This data base must be a single, uniform, official, centralized, interactive computerized statewide voter registration list defined, maintained, and administered at the state level that contains the name and registration information of every legally registered voter in the state and assigns a unique identifier to each legally registered voter in the state.
     (2) The computerized list must serve as the single system for storing and maintaining the official list of registered voters throughout the state.
     (3) The computerized list must contain the name and registration information of every legally registered voter in the state.
     (4) Under the computerized list, a unique identifier is assigned to each legally registered voter in the state.
     (5) The computerized list must be coordinated with other agency data bases within the state, including but not limited to the department of corrections, the department of licensing, the department of health, the Washington state patrol, and the office of the administrator for the courts. The computerized list may also be coordinated with the data bases of election officials in other states.
     (6) Any election officer in the state, including any local election officer, may obtain immediate electronic access to the information contained in the computerized list.
     (7) All voter registration information obtained by any local election officer in the state must be electronically entered into the computerized list on an expedited basis at the time the information is provided to the local officer.
     (8) The chief state election officer shall provide support, as may be required, so that local election officers are able to enter information as described in subsection (3) of this section.
     (9) The computerized list serves as the official voter registration list for the conduct of all elections.
     (10) The secretary of state has data authority on all voter registration data.
     (11) The voter registration data base must be designed to accomplish at a minimum, the following:
     (a) Comply with the Help America Vote Act of 2002 (P.L. 107-252);
     (b) Identify duplicate voter registrations;
     (c) Identify suspected duplicate voters;
     (d) Screen against the department of corrections, the Washington state patrol, and other appropriate state agency data bases to aid in the cancellation of voter registration of felons, of persons who have declined to serve on juries by virtue of not being citizens of the United States, and of persons determined to be legally incompetent to vote;
     (e) Provide up-to-date signatures of voters for the purposes of initiative signature checking;
     (f) Provide for a comparison between the voter registration data base and the department of licensing change of address data base;
     (g) Provide online access for county auditors with the goal of real time duplicate checking and update capabilities; and
     (h) Provide for the cancellation of voter registration for persons who have moved to other states and surrendered their Washington state drivers' licenses.
     (12) In order to maintain the statewide voter registration data base, the secretary of state may, upon agreement with other appropriate jurisdictions, screen against data bases maintained by election officials in other states and data bases maintained by federal agencies including, but not limited to, the federal bureau of investigation, the federal court system, the federal bureau of prisons, and the bureau of citizenship and immigration services.
     (13) The secretary of state shall retain information regarding previous successful appeals of proposed cancellations of registrations in order to avoid repeated cancellations for the same reason.
     (((14) The secretary of state must review and update the records of all registered voters on the computerized list on a quarterly basis to make additions and corrections.))

Sec. 15   RCW 29A.40.010 and 2003 c 111 s 1001 are each amended to read as follows:
     Any registered voter of the state or any ((out-of-state voter,)) overseas voter((,)) or service voter may vote by absentee ballot in any general election, special election, or primary in the manner provided in this chapter. ((Out-of-state voters,)) Overseas voters((,)) and service voters are authorized to cast the same ballots, including those for special elections, as a registered voter of the state would receive under this chapter.

Sec. 16   RCW 29A.40.020 and 2003 c 111 s 1002 are each amended to read as follows:
     (1) Except as otherwise provided by law, a registered voter ((or out-of-state voter)), overseas voter, or service voter desiring to cast an absentee ballot at a single election or primary must request the absentee ballot from his or her county auditor no earlier than ninety days nor later than the day before the election or primary at which the person seeks to vote. Except as otherwise provided by law, the request may be made orally in person, by telephone, electronically, or in writing. An application or request for an absentee ballot made under the authority of a federal statute or regulation will be considered and given the same effect as a request for an absentee ballot under this chapter.
     (2) A voter requesting an absentee ballot for a primary may also request an absentee ballot for the following general election. A request by an ((out-of-state voter,)) overseas voter((,)) or service voter for an absentee ballot for a primary election will be considered as a request for an absentee ballot for the following general election.
     (3) In requesting an absentee ballot, the voter shall state the address to which the absentee ballot should be sent. A request for an absentee ballot from an((out-of-state voter,)) overseas voter((,)) or service voter must include the address of the last residence in the state of Washington and either a written application or the oath on the return envelope must include a declaration of the other qualifications of the applicant as an elector of this state. A request for an absentee ballot from any other voter must state the address at which that voter is currently registered to vote in the state of Washington or the county auditor shall verify that information from the voter registration records of the county.
     (4) A request for an absentee ballot from a registered voter who is within this state must be made directly to the auditor of the county in which the voter is registered. An absentee ballot request from a registered voter who is temporarily outside this state or from an ((out-of-state voter,)) overseas voter((,)) or service voter may be made either to the appropriate county auditor or to the secretary of state, who shall promptly forward the request to the appropriate county auditor.
     (5) No person, organization, or association may distribute absentee ballot applications within this state that contain a return address other than that of the appropriate county auditor.

Sec. 17   RCW 29A.40.061 and 2004 c 271 s 134 are each amended to read as follows:
     (1) The county auditor shall issue an absentee ballot for the primary or election for which it was requested, or for the next occurring primary or election when ongoing absentee status has been requested if the information contained in a request for an absentee ballot or ongoing absentee status received by the county auditor is complete and correct and the applicant is qualified to vote under federal or state law. Otherwise, the county auditor shall notify the applicant of the reason or reasons why the request cannot be accepted. Whenever two or more candidates have filed for the position of precinct committee officer for the same party in the same precinct, the contest for that position must be presented to absentee voters from that precinct by either including the contest on the regular absentee ballot or a separate absentee ballot. The ballot must provide space designated for writing in the name of additional candidates.
     (2) A registered voter may obtain a replacement ballot if the ballot is destroyed, spoiled, lost, or not received by the voter. The voter may obtain the ballot by telephone request, by mail, electronically, or in person. The county auditor shall keep a record of each replacement ballot provided under this subsection.
     (3) A copy of the state voters' pamphlet must be sent to ((registered voters temporarily outside the state, out-of-state voters,)) overseas voters((,)) and service voters along with the absentee ballot if such a pamphlet has been prepared for the primary or election and is available to the county auditor at the time of mailing. The county auditor shall mail all absentee ballots and related material to voters outside the territorial limits of the United States and the District of Columbia under 39 U.S.C. 3406.

Sec. 18   RCW 29A.40.091 and 2005 c 246 s 21 are each amended to read as follows:
     The county auditor shall send each absentee voter a ballot, a security envelope in which to seal the ballot after voting, a larger envelope in which to return the security envelope, and instructions on how to mark the ballot and how to return it to the county auditor. The instructions that accompany an absentee ballot for a partisan primary must include instructions for voting the applicable ballot style, as provided in chapter 29A.36 RCW. The absentee voter's name and address must be printed on the larger return envelope, which must also contain a declaration by the absentee voter reciting his or her qualifications and stating that he or she has not voted in any other jurisdiction at this election, together with a summary of the penalties for any violation of any of the provisions of this chapter. The declaration must clearly inform the voter that it is illegal to vote if he or she is not a United States citizen; it is illegal to vote if he or she has been convicted of a felony and has not had his or her voting rights restored; and, except as otherwise provided by law, it is illegal to cast a ballot or sign an absentee envelope on behalf of another voter. The return envelope must provide space for the voter to indicate the date on which the ballot was voted and for the voter to sign the oath. It must also contain a space so that the voter may include a telephone number. A summary of the applicable penalty provisions of this chapter must be printed on the return envelope immediately adjacent to the space for the voter's signature. The signature of the voter on the return envelope must affirm and attest to the statements regarding the qualifications of that voter and to the validity of the ballot. The return envelope must also have a secrecy flap that the voter may seal that will cover the voter's signature and optional telephone number. For ((out-of-state voters,)) overseas voters((,)) and service voters, the signed declaration on the return envelope constitutes the equivalent of a voter registration for the election or primary for which the ballot has been issued. The voter must be instructed to either return the ballot to the county auditor by whom it was issued or attach sufficient first class postage, if applicable, and mail the ballot to the appropriate county auditor no later than the day of the election or primary for which the ballot was issued.
     If the county auditor chooses to forward absentee ballots, he or she must include with the ballot a clear explanation of the qualifications necessary to vote in that election and must also advise a voter with questions about his or her eligibility to contact the county auditor. This explanation may be provided on the ballot envelope, on an enclosed insert, or printed directly on the ballot itself. If the information is not included, the envelope must clearly indicate that the ballot is not to be forwarded and that return postage is guaranteed.

Sec. 19   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. 20   RCW 29A.60.235 and 2005 c 243 s 11 are each amended to read as follows:
     (1) The county auditor shall prepare, make publicly available at the auditor's office or on the auditor's web site, and submit at the time of certification an election reconciliation report that discloses the following information:
     (a) The number of registered voters;
     (b) The number of ballots counted;
     (c) The number of provisional ballots issued;
     (d) The number of provisional ballots counted;
     (e) The number of provisional ballots rejected;
     (f) The number of absentee ballots issued;
     (g) The number of absentee ballots counted;
     (h) The number of absentee ballots rejected;
     (i) The number of federal write-in ballots counted;
     (j) The number of ((out-of-state,)) overseas((,)) and service ballots issued;
     (k) The number of ((out-of-state,)) overseas((,)) and service ballots counted; and
     (l) The number of ((out-of-state,)) overseas((,)) and service ballots rejected.
     (2) The county auditor shall prepare and make publicly available at the auditor's office or on the auditor's web site within thirty days of certification a final election reconciliation report that discloses the following information:
     (a) The number of registered voters;
     (b) The total number of voters credited with voting;
     (c) The number of poll voters credited with voting;
     (d) The number of provisional voters credited with voting;
     (e) The number of absentee voters credited with voting;
     (f) The number of federal write-in voters credited with voting;
     (g) The number of ((out-of-state,)) overseas((,)) and service voters credited with voting;
     (h) The total number of voters credited with voting even though their ballots were postmarked after election day and were not counted; and
     (i) Any other information the auditor deems necessary to reconcile the number of ballots counted with the number of voters credited with voting.
     (3) The county auditor may also prepare such reports for jurisdictions located, in whole or in part, in the county.

NEW SECTION.  Sec. 21   The following acts or parts of acts are each repealed:
     (1) RCW 29A.04.103 (Out-of-state voter) and 2003 c 111 s 118;
     (2) RCW 29A.08.145 (Late registration -- Special procedure) and 2006 c 97 s 2, 2005 c 246 s 10, 2004 c 267 s 113, 2003 c 111 s 213, & 1993 c 383 s 1;
     (3) RCW 29A.08.660 (Felony offender--Completion of sentence) and 2005 c 246 s 12; and
     (4) RCW 29A.08.785 (Information services board, consultation) and 2004 c 267 s 140.