FINAL BILL REPORT

SHB 614

PARTIAL VETO

                                  C 346 L 87

BYHouse Committee on Constitution, Elections & Ethics (originally sponsored by Representatives Fisher, Madsen, Miller, Fisch, Crane and Unsoeld)

Revising laws on absentee voters.

House Committe on Constitution, Elections & Ethics

Senate Committee on Judiciary

SYNOPSIS AS ENACTED

BACKGROUND:

To vote by absentee ballot, a registered voter may apply in writing to the county auditor during the period beginning 45 days and ending one day prior to an election or primary.  An application for a primary ballot serves as the application for a ballot for the following election if so indicated on the application.  These procedures also apply to voters who are temporarily outside of the state.

Other statutes specify procedures for absentee ballots for service voters. A service voter is defined as being an elector from any of the following categories:  members of the armed forces while in the active service; students and faculty members of the U.S. military academies; members of the U.S. merchant marine; civilian employees of the United States serving outside the territorial limits of the United States and the District of Columbia; members of religious groups or welfare agencies assisting members of the armed forces who are officially attached to and serving with the armed forces; and citizens of the United States and the state temporarily residing outside of the state.

State law also authorizes disabled voters and voters over the age of 65 to apply for and be granted the status of "ongoing" absentee voters.

SUMMARY:

The legislature expresses its intention to unify the laws and procedures governing absentee voting. No new requirement on the ability of the registered voters or electors of this state to qualify for, receive or cast absentee ballots is intended.

An out-of-state voter is defined as being an elector of the state who is outside of the state but not outside the territorial limits of the United States or the District of Columbia.  An overseas voter is defined as being an elector of the state who is outside the territorial limits of the United States or the District of Columbia.  A service voter is defined as being an elector of the state who is a:  member of the armed forces while in active service, student or member of the faculty at a U.S. military academy, member of the U.S. merchant marine or member of a religious group or welfare agency officially attached to and serving with the U.S. armed forces.

The provisions of law governing absentee voting by service voters are repealed and provisions of law governing absentee voting by others are expanded to incorporate voting by out-of-state, overseas and service voters.  Either the application for an absentee ballot from an out-of- state voter, overseas voter or service voter or the oath on the return envelope for such a voter will include a declaration of the qualifications of the applicant as an elector of this state.  Under current law, a service voter's request for an absentee ballot must list the facts qualifying the person as a service voter.

The provisions of law authorizing certain disabled voters to become "ongoing" absentee voters are altered.  A disabled voter is also a person who qualifies to receive voting assistance under state law.

A registered voter is not allowed to vote in the precinct polling place at any primary or election for which the voter has cast an absentee ballot; rather than, under current law, at any primary or election for which the voter has requested an absentee ballot.  A person who has requested an absentee ballot but wishes to vote at the polling place must vote a "questioned" or challenged ballot.

The authority of the secretary of state to adopt rules governing absentee ballots and voting by absentee ballots in expanded.

Absentee ballots will be grouped and counted by congressional and legislative district, rather than simply by legislative district. Lists of information from absentee ballot applications are to be made available to the public, rather than lists of the applications and the applications themselves being made available.  The qualifications of an absentee voter may be challenged at the time the signature on the return envelope is verified and the ballot is processed, rather than at the time the ballot is canvassed.

It is expressly stated that all properly and timely voted absentee ballots which have been received on or before the 10th day after a special election or primary or the 15th day after a general election must be included in the canvass for that primary or election.  Meetings of the canvassing board are public meetings.

Provisions of law are repealed which: require the issuance of certificates for absentee ballot requests; establish an alternative method for processing absentee ballots; permit a candidate to have uncounted absentee ballots informally counted after the time has elapsed in which to file a request for a recount or to contest an election; specify certain procedures for entering on registration records the names of persons who cast absentee ballots; and establish certain other procedures used in absentee voting.

VOTES ON FINAL PASSAGE:

      House 96   0

      Senate    46     0(Senate amended)

      House 97   0(House concurred)

EFFECTIVE:January 1, 1988

Partial Veto Summary:  A provision is vetoed which is also contained in SSB 5045 and has already been signed into law.  (See VETO MESSAGE)