AN ACT Relating to voting by mail; amending RCW
29.36.120, 29.36.122, 29.36.126, 29.36.130, 29.36.139, 29.36.150, and
29.10.180; adding a new section to chapter 29.36 RCW; and prescribing
penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
Sec. 1.
RCW 29.36.120 and 1983 1st ex.s. c 71 s 1 are each amended to read as follows:
At any primary or election, general or special,
the county auditor may, in any precinct having fewer than ((one)) two
hundred registered voters at the time of closing of voter registration as
provided in RCW 29.07.160, conduct the voting in that precinct by mail ballot.
For any precinct having fewer than ((one)) two hundred registered
voters where voting at a primary or a general election is conducted by mail
ballot, the county auditor shall, not less than fifteen days prior to the date
of that primary or general election, mail or deliver to each registered voter
within that precinct a notice that the voting in that precinct will be by mail
ballot, an application form for a mail ballot, and a postage prepaid envelope,
preaddressed to the issuing officer. A mail ballot shall be issued to each
voter who returns a properly executed application to the county auditor no
later than the day of that primary or general election. Such application is
valid for all subsequent mail ballot elections in that precinct so long as the
voter remains qualified to vote.
At any nonpartisan special election not being
held in conjunction with a state primary or general election, the county, city,
town, or district requesting the election pursuant to RCW 29.13.010 or
29.13.020 may also request that the election be conducted by mail ballot. The
county auditor may honor the request or may determine that the election is not
to be conducted by mail ballot. The decision of the county auditor in this
regard is final.
In no instance shall any special election be
conducted by mail ballot in any precinct with ((more than one)) two
hundred or more registered voters if candidates for partisan office are
to be voted upon.
For all special elections not being held in
conjunction with a state primary or state general election where voting is
conducted by mail ballot, the county auditor shall, not less than fifteen days
prior to the date of such election, mail or deliver to each registered voter a
mail ballot and an envelope, preaddressed to the issuing officer.
NEW SECTION. Sec. 2. A
new section is added to chapter 29.36 RCW to read as follows:
(1) At any nonpartisan special election not
being held in conjunction with a state primary or general election, the county,
city, town, or district requesting the election pursuant to RCW 29.13.010 or
29.13.020 may also request that the election be conducted by mail ballot. The
county auditor may honor the request or may determine that the election is not
to be conducted by mail ballot. The decision of the county auditor in this
regard is final.
(2) In an odd-numbered year, the county auditor
may conduct by mail ballot a primary or a special election concurrently with
the primary:
(a) For any office or ballot measure of a
special purpose district which is entirely within the county;
(b) For any office or ballot measure of a
special purpose district which lies in the county and one or more other
counties if the auditor first secures the concurrence of the county auditors of
those other counties to conduct the primary in this manner district-wide; and
(c) For any ballot measure or nonpartisan
office of a county, city, or town if the auditor first secures the concurrence
of the legislative authority of the county, city, or town involved.
A primary in an odd-numbered year may not be
conducted by mail ballot in any precinct with two hundred or more registered
voters if a partisan office or state office or state ballot measure is to be
voted upon at that primary in the precinct.
(3) For all special elections not being held in
conjunction with a state primary or state general election where voting is
conducted by mail ballot, the county auditor shall, not less than fifteen days
before the date of such election, mail or deliver to each registered voter a
mail ballot and an envelope, preaddressed to the issuing officer. The county
auditor shall notify an election jurisdiction for which a primary is to be held
that the primary will be conducted by mail ballot.
(4) To the extent they are not inconsistent
with subsections (1) through (3) of this section, the laws governing the
conduct of mail ballot special elections apply to nonpartisan primaries
conducted by mail ballot.
Sec. 3.
RCW 29.36.122 and 1983 1st ex.s. c 71 s 2 are each amended to read as follows:
For any special election conducted by mail, the
county auditor shall send a mail ballot with a return identification envelope
to each registered voter of the district in which the special election is being
conducted not sooner than the twenty-fifth day before the date of the election
and not later than the fifteenth day before the date of the election. The
envelope in which the ballot is mailed ((shall be clearly marked "Do
Not Forward - Return to Sender - Return Postage Guaranteed.")) must
clearly indicate that the ballot is not to be forwarded and is to be returned
to the sender with return postage guaranteed.
Sec. 4.
RCW 29.36.126 and 1983 1st ex.s. c 71 s 4 are each amended to read as follows:
Upon receipt of the mail ballot, the voter
shall mark it, sign the return identification envelope supplied with the
ballot, and comply with the instructions provided with the ballot. The voter
may return the marked ballot to the county auditor ((by United States mail
or to any other place of deposit designated by the county auditor)). The
ballot must be returned in the return identification envelope. If mailed, a
ballot must be postmarked not later than the date of the election. Otherwise,
the ballot must be deposited at the office of the county auditor or the
designated place of deposit not later than 8:00 p.m. on the date of the
election.
Sec. 5.
RCW 29.36.130 and 1990 c 59 s 76 are each amended to read as follows:
All mail ballots authorized by RCW 29.36.120 or
section 2 of this act shall contain the same offices, names of 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 in
((RCW 29.36.120 and 29.36.122 through 29.36.126 and 29.36.139, such)) this
chapter, mail ballots shall be issued and canvassed in the same manner as
absentee ballots issued pursuant to the request of the voter. The county
canvassing board, at the request of the county auditor, may direct that mail
ballots be counted on the day of the election. If such count is made, it must
be done in secrecy in the presence of ((at least three election officials))
the canvassing board or their authorized representatives and the results
not revealed to any unauthorized person until ((the polls have closed)) 8:00
p.m. or later if the auditor so directs. If electronic vote tallying
devices are used, political party observers shall be afforded the opportunity
to be present, and a test of the equipment must be performed as required by RCW
29.33.350 prior to the count of ballots. Political party observers ((shall
be allowed to count by hand ballots from up to ten precincts selected by the
observers)) may select at random ballots to be counted manually as
provided by RCW 29.54.025. Any violation of the secrecy of such count
shall be subject to the same penalties as provided for in RCW 29.85.225.
Sec. 6.
RCW 29.36.139 and 1983 1st ex.s. c 71 s 6 are each amended to read as follows:
(1) A mail ballot shall be counted only if it
is returned in the return identification envelope, if the envelope is signed by
the registered voter to whom the ballot is issued, and if the signature is
verified as provided in this subsection. The county auditor shall verify the
signature of each voter on the return identification envelope with the
signature on the voter's registration record. ((If the county auditor
determines that a registered voter to whom a replacement ballot has been issued
has voted more than once, the county auditor shall not count any ballot cast by
that voter. The county auditor must notify both the county prosecuting
attorney and the state attorney general of every instance in which a voter has
voted more than once.)) A person who votes or attempts to vote more
than once in a mail ballot election is subject to the penalties provided in
chapter 29.85 RCW.
(2) Any mail ballot may be challenged in the
same manner as an absentee ballot.
Sec. 7.
RCW 29.36.150 and 1987 c 346 s 19 are each amended to read as follows:
The secretary of state shall adopt rules ((not
inconsistent with the provisions of this chapter)) to:
(1) Establish standards and procedures to
prevent fraud and to facilitate the accurate processing and canvassing of
absentee ballots and mail ballots;
(2) Establish standards and procedures to
guarantee the secrecy of absentee ballots and mail ballots;
(3) Provide uniformity among the counties of
the state in the conduct of absentee voting and mail ballot elections; and
(4) Facilitate the operation of the provisions
of this chapter regarding out-of-state voters, overseas voters, and service
voters.
The secretary of state shall produce and
furnish envelopes and instructions for out-of-state voters, overseas voters,
and service voters to the county auditors.
Sec. 8.
RCW 29.10.180 and 1991 c 363 s 31 are each amended to read as follows:
(1) The county auditor may enter one or more
contracts with the United States postal service, or its licensee, which permit
the auditor to use postal service change-of-address information. If the
auditor finds that information received under such a contract gives the
appearance that a voter has changed his or her residence address, the auditor
shall notify the voter concerning the requirements of state and federal laws
governing voter registration and residence.
(2) Whenever any vote-by-mail ballot, notification
to voters following reprecincting of the county, notification to voters of
selection to serve on jury duty, notification under subsection (1) of this
section, or initial voter identification card is returned by the postal service
as undeliverable, the county auditor shall, in every instance, inquire into the
validity of the registration of that voter.
(3) The county auditor shall initiate his or
her inquiry by sending, by first-class mail, a written notice to the challenged
voter at the address indicated on the voter's permanent registration record and
to any other address at which the county auditor could reasonably expect mail
to be received by the voter. The county auditor shall not request any
restriction on the forwarding of such notice by the postal service. The notice
shall contain the nature of the inquiry and provide a suitable form for reply.
The notice shall also contain a warning that the county auditor must receive a
response within ninety days from the date of mailing the notice of inquiry
in a case resulting from a returned vote-by-mail ballot or forty-five days
from the date of mailing in all other cases or the individual's voter
registration will be canceled.
(4) The voter, in person or in writing, may
state that the information on the permanent voter registration record is
correct or may request a change in the address information on the permanent
registration record no later than the ninetieth day or forty-fifth day,
as appropriate, after the date of mailing the inquiry.
(5) Upon the timely receipt of a response
signed by the voter, the county auditor shall consider the inquiry satisfied
and will make any address corrections requested by the voter on the permanent
registration record. The county auditor shall cancel the registration of a
voter who fails to respond to the notice of inquiry within ninety days after
the date of mailing the notice in a case resulting from a returned vote-by-mail
ballot, or, in all other cases, within forty-five days after the date of
mailing.
(6) The county auditor shall notify any voter
whose registration has been canceled by sending, by first class mail, a written
notice to the address indicated on the voter's permanent registration record
and to any other address to which the original inquiry was sent. Upon receipt
of a satisfactory voter response, the auditor shall reinstate the voter.
(7) A voter whose registration has been
canceled under this section and who offers to vote at the next ensuing election
shall be issued a questioned ballot. Upon receipt of such a questioned ballot
the auditor shall investigate the circumstances surrounding the original
cancellation. If he or she determines that the cancellation was in error, the
voter's registration shall be immediately reinstated, and the voter's
questioned ballot shall be counted. If the original cancellation was not in
error, the voter shall be afforded the opportunity to reregister at his or her
correct address, and the voter's questioned ballot shall not be counted.
