WSR 05-13-058

EMERGENCY RULES

SECRETARY OF STATE


[ Filed June 9, 2005, 3:33 p.m. , effective June 9, 2005 ]


Purpose: Implementation of new requirements for provisional ballot envelopes pursuant to chapter 243, Laws of 2005.

Citation of Existing Rules Affected by this Order: Repealing WAC 434-240-190; and amending WAC 434-253-045.

Statutory Authority for Adoption: RCW 29A.04.611; section 6, chapter 243, Laws of 2005.

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: Chapter 243, Laws of 2005, establishes new requirements for election procedures, including information that must be stated on the outer envelopes for ballots. County auditors need to start printing ballots for the primary election and require further direction in terms of language that must be included on the outer envelopes for ballots.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 1, Amended 1, Repealed 1.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: June 9, 2005.

Sam Reed

Secretary of State

OTS-8133.1


AMENDATORY SECTION(Amending WSR 05-06-035 and 05-08-065, filed 2/25/05, effective 3/28/05)

WAC 434-253-045   Provisional ballots--Required information.   At a minimum, the following information ((will be)) is required to be printed on the outer provisional ballot envelope:

(1) Name ((and signature)) of voter.

(2) Voter's registered address both present and former if applicable.

(3) Voter's date of birth.

(4) Reason for the provisional ballot.

(5) Precinct and polling place at which voter ((has)) voted.

(6) Sufficient space to list disposition of the ballot after review by the county auditor.

((Each provisional ballot voter shall be required to sign an oath as required by the Help America Vote Act of 2002, Section 302. The oath may be located on the provisional ballot envelope or in the poll book. The voter must attest that they are:

(a) A registered voter in the jurisdiction in which the voter desires to vote; and

(b) Eligible to vote in that election.)) (7) The following oath with a place for the voter to sign and date:


I,. . . . . . . . , do solemnly swear or affirm under penalty of perjury that:

I am a legal resident of the state of Washington;

I am entitled to vote in this election;

I have not already voted in this election;

It is illegal to vote if I am not a United States citizen;

It is illegal to vote if I have been convicted of a felony and have not had my voting rights restored;

It is illegal to cast a ballot or sign an absentee envelope on behalf of another voter, except as otherwise provided by law; and

Attempting to vote when not entitled, attempting to vote more than once, or falsely signing this oath is a felony punishable by a maximum imprisonment of five years, a maximum fine of $10,000, or both.

Signature Date


No provisional ballot shall be rejected for lack of the information described in this section as long as the voter provides a valid signature and sufficient information to determine eligibility.

[Statutory Authority: RCW 29A.04.610. 05-06-035 and 05-08-065, 434-253-045, filed 2/25/05, effective 3/28/05. Statutory Authority: RCW 29.04.210, 29.36.150. 02-07-029, 434-253-045, filed 3/12/02, effective 4/12/02.]

OTS-8134.1


NEW SECTION
WAC 434-250-050   Ballot materials.   In addition to the instructions and in addition to materials required by chapters 29A.36 and 29A.40 RCW, each absentee ballot must be accompanied by the following:

(1) A security envelope, which may not identify the voter and must have a hole punched in the middle;

(2) A return envelope, which must be addressed to the county auditor and have a hole punched in the middle. The return envelope must display the words "OFFICIAL BALLOT - DO NOT DELAY" prominently on the front, the words "POSTAGE REQUIRED" in the upper right-hand corner, and the following oath with a place for the voter to sign and date:


I,. . . . . . . . , do solemnly swear or affirm under penalty of perjury that:

I am a legal resident of the state of Washington;

I am entitled to vote in this election;

I have not already voted in this election;

It is illegal to vote if I am not a United States citizen;

It is illegal to vote if I have been convicted of a felony and have not had my voting rights restored;

It is illegal to cast a ballot or sign an absentee envelope on behalf of another voter, except as otherwise provided by law; and

Attempting to vote when not entitled, attempting to vote more than once, or falsely signing this oath is a felony punishable by a maximum imprisonment of five years, a maximum fine of $10,000, or both.

Signature Date


The return envelope must conform to postal department regulations.

County auditors may use existing stock of absentee envelopes until January 1, 2006.

[]

OTS-8135.1


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 434-240-190 Absentee ballot envelopes.

Washington State Code Reviser's Office