Fill and Sign the Free Form M1 Individual Income Tax Return Printable Free

Z-0209.3 _____________________________________________ HOUSE BILL 1079 _____________________________________________ State of Washington 62nd Legislature 2011 Regular Session By Representatives Hunt, Green, Darneille, Liias, Reykdal, Appleton, Kagi, and Jinkins; by request of Secretary of State Prefiled 01/07/11. Read first time 01/10/11. State Government & Tribal Affairs. McCoy, Referred to Committee on 1 2 3 4 5 6 7 8 9 10 11 AN ACT 29A.04.013, 29A.04.540, 29A.08.620, 29A.12.110, 29A.32.260, 29A.40.050, 29A.60.050, 29A.60.160, 29A.60.235, 29A.84.510, Relating to elections by mail; amending RCW 29A.04.008, 29A.04.019, 29A.04.031, 29A.04.216, 29A.04.220, 29A.04.235, 29A.04.580, 29A.04.611, 29A.08.130, 29A.08.140, 29A.08.440, 29A.08.720, 29A.08.775, 29A.08.810, 29A.08.820, 29A.12.085, 29A.12.120, 29A.12.160, 29A.16.040, 29A.24.081, 29A.28.061, 29A.36.115, 29A.36.131, 29A.36.220, 29A.40.010, 29A.40.020, 29A.40.100, 29A.40.110, 29A.40.130, 29A.46.260, 29A.60.040, 29A.60.060, 29A.60.080, 29A.60.110, 29A.60.120, 29A.60.160, 29A.60.170, 29A.60.180, 29A.60.195, 29A.60.200, 29A.60.230, 29A.68.020, 29A.68.070, 29A.68.080, 29A.84.020, 29A.84.050, 29A.84.520, 29A.84.530, 29A.84.540, 29A.84.545, 29A.84.550, 12 13 14 15 16 17 18 19 20 21 29A.84.655, and 29A.84.730; reenacting and amending RCW 29A.60.165 and 29A.84.680; adding a new section to chapter 29A.44 RCW; adding a new section to chapter 29A.52 RCW; adding a new section to chapter 29A.04 RCW; creating a new section; recodifying RCW 29A.46.260; repealing RCW 29A.04.049, 29A.04.115, 29A.04.128, 29A.08.430, 29A.12.090, 29A.16.010, 29A.16.020, 29A.16.030, 29A.16.060, 29A.16.110, 29A.16.120, 29A.16.130, 29A.16.140, 29A.16.150, 29A.16.160, 29A.16.170, 29A.24.151, 29A.24.161, 29A.40.030, 29A.40.040, 29A.40.061, 29A.40.061, 29A.40.080, 29A.40.120, 29A.40.140, 29A.44.010, 29A.44.020, 29A.44.030, 29A.44.040, 29A.44.045, 29A.44.050, 29A.44.060, 29A.44.070, 29A.44.080, 29A.44.090, 29A.44.110, p. 1 HB 1079 1 2 3 4 5 6 7 8 9 10 11 12 29A.44.120, 29A.44.130, 29A.44.140, 29A.44.150, 29A.44.160, 29A.44.170, 29A.44.180, 29A.44.190, 29A.44.201, 29A.44.205, 29A.44.207, 29A.44.210, 29A.44.221, 29A.44.225, 29A.44.231, 29A.44.240, 29A.44.250, 29A.44.260, 29A.44.265, 29A.44.270, 29A.44.280, 29A.44.290, 29A.44.310, 29A.44.320, 29A.44.330, 29A.44.340, 29A.44.350, 29A.44.410, 29A.44.420, 29A.44.430, 29A.44.440, 29A.44.450, 29A.44.460, 29A.44.470, 29A.44.480, 29A.44.490, 29A.44.500, 29A.44.510, 29A.44.520, 29A.44.530, 29A.46.010, 29A.46.020, 29A.46.030, 29A.46.110, 29A.46.120, 29A.46.130, 29A.48.010, 29A.48.020, 29A.48.030, 29A.48.040, 29A.48.050, 29A.48.060, 29A.52.311, 29A.52.351, 29A.60.030, 29A.84.525, 29A.84.670, 29A.84.670, and 29A.84.740; prescribing penalties; providing effective dates; and providing an expiration date. 13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Sec. 1. RCW 29A.04.008 and 2007 c 38 s 1 are each amended to read as follows: As used in this title: (1) "Ballot" means, as the context implies, either: (a) The issues and offices to be voted upon in a jurisdiction or portion of a jurisdiction at a particular primary, general election, or special election; (b) A facsimile of the contents of a particular ballot whether printed on a paper ballot or ballot card or as part of a voting machine or voting device; (c) A physical or electronic record of the choices of an individual voter in a particular primary, general election, or special election; or (d) The physical document on which the voter's choices are to be recorded; (2) "Paper ballot" means a piece of paper on which the ballot for a particular election or primary has been printed, on which a voter may record his or her choices for any candidate or for or against any measure, and that is to be tabulated manually; (3) "Ballot card" means any type of card or piece of paper of any size on which a voter may record his or her choices for any candidate and for or against any measure and that is to be tabulated on a vote tallying system; HB 1079 p. 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 (4) "Sample ballot" means a printed facsimile of all the issues and offices on the ballot in a jurisdiction and is intended to give voters notice of the issues, offices, and candidates that are to be voted on at a particular primary, general election, or special election; (5) "Provisional ballot" means a ballot issued ((at the polling place on election day by the precinct election board)) to a voter who would otherwise be denied an opportunity to vote a regular ballot, for any reason authorized by the Help America Vote Act, including but not limited to the following: (a) The voter's name does not appear in the ((poll book)) list of registered voters for the county; (b) There is an indication in the ((poll book that the voter has requested an absentee ballot, but the voter wishes to vote at the polling place)) voter registration system that the voter has already voted in that primary, special election, or general election, but the voter wishes to vote again; (c) There is a question on the part of the voter concerning the issues or candidates on which the voter is qualified to vote; (d) Any other reason allowed by law; (6) "Party ballot" means a primary election ballot specific to a particular major political party that lists all candidates for partisan office who affiliate with that same major political party, as well as the nonpartisan races and ballot measures to be voted on at that primary; (7) "Nonpartisan ballot" means a primary election ballot that lists all nonpartisan races and ballot measures to be voted on at that primary. 28 29 30 31 32 33 Sec. 2. RCW 29A.04.013 and 2003 c 111 s 103 are each amended to read as follows: "Canvassing" means the process of examining ballots or groups of ballots, subtotals, and cumulative totals in order to determine the official returns of a primary or general election and includes the tabulation of any votes that were not previously tabulated ((at the 34 35 precinct or election)). in a counting center p. 3 on the day of the primary or HB 1079 1 2 3 4 5 6 7 Sec. 3. RCW 29A.04.019 and 2003 c 111 s 104 are each amended to read as follows: "Counting center" means the facility or facilities designated by the county auditor to count and canvass ((mail)) ballots((, absentee ballots, and polling place ballots that are transferred to a central site to be counted, rather than being counted by a poll-site ballot counting device, on the day of a primary or election)). 8 9 10 11 12 13 14 15 16 Sec. 4. RCW 29A.04.031 and 2003 c 111 s 106 are each amended to read as follows: For registered voters voting by ((absentee or)) mail ((ballot)), "date of mailing" means the date of the postal cancellation on the envelope in which the ballot is returned to the election official by whom it was issued. For all ((nonregistered absentee)) service and overseas voters, "date of mailing" means the date stated by the voter on the ((envelope in which the ballot is returned to the election official by whom it was issued)) declaration. 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Sec. 5. RCW 29A.04.216 and 2004 c 271 s 104 are each amended to read as follows: The county auditor of each county shall be ex officio the supervisor of all primaries and elections, general or special, and it shall be the county auditor's duty to provide places for holding such primaries and elections; ((to appoint the precinct election officers and to provide for their compensation;)) to provide the supplies and materials necessary for the conduct of elections ((to the precinct election officers)); and to publish and post notices of calling such primaries and elections in the manner provided by law. The notice of a primary held in an even-numbered year must indicate that the office of precinct committee officer will be on the ballot. The auditor shall also apportion to each city, town, or district, and to the state of Washington in the odd-numbered year, its share of the expense of such primaries and elections. This section does not apply to general or special elections for any city, town, or district that is not subject to RCW 29A.04.321 and 29A.04.330, but all such elections must be held and conducted at the time, in the manner, and by the officials (with such notice, requirements for filing for office, and certifications by HB 1079 p. 4 1 2 local officers) as provided and required by the laws governing such elections. 3 4 5 6 7 8 9 Sec. 6. RCW 29A.04.220 and 2003 c 111 s 135 are each amended to read as follows: The county auditor shall provide public notice of the availability of registration and voting aids, assistance to elderly and disabled persons, and procedures for voting ((by absentee ballot)) calculated to reach elderly and disabled persons not later than public notice of the closing of registration for a primary or election. 10 11 12 13 14 15 16 17 18 19 Sec. 7. RCW 29A.04.235 and 2003 c 111 s 138 are each amended to read as follows: The secretary of state shall ensure that each county auditor is provided with the most recent version of the election laws of the state, as contained in this title. Where amendments have been enacted after the last compilation of the election laws, he or she shall ensure that each county auditor receives a copy of those amendments before the next primary or election. ((The county auditor shall ensure that any statutory information necessary for the precinct election officers to perform their duties is supplied to them in a timely manner.)) 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Sec. 8. RCW 29A.04.540 and 2009 c 415 s 9 are each amended to read as follows: A person having responsibility for the administration or conduct of elections((, other than precinct election officers,)) shall, within eighteen months of undertaking those responsibilities, receive general training regarding the conduct of elections and specific training regarding their responsibilities and duties as prescribed by this title or by rules adopted by the secretary of state under this title. Included among those persons for whom such training is mandatory are the following: (1) Secretary of state elections division personnel; (2) County elections administrators under RCW 36.22.220; and (3) Any other person or group charged with election administration responsibilities if the person or group is designated by rule adopted by the secretary of state as requiring the training. p. 5 HB 1079 1 2 3 4 Neither this section nor RCW 29A.04.530 may be construed as requiring an elected official to receive training or a certificate of training as a condition for seeking or holding elective office or as a condition for carrying out constitutional duties. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Sec. 9. RCW 29A.04.580 and 2003 c 111 s 156 are each amended to read as follows: The county auditor may designate any person who has been certified under this chapter, other than the auditor, to participate in a review conducted in the county under this chapter. Each county auditor and canvassing board shall cooperate fully during an election review by making available to the reviewing staff any material requested by the staff. The reviewing staff shall have full access to ((ballot pages, absentee voting materials, any other election material normally kept in a secure environment after the election, and other requested)) the county's election material. If ballots are reviewed by the staff, they shall be reviewed in the presence of the canvassing board or its designees. Ballots shall not leave the custody of the canvassing board. During the review and after its completion, the review staff may make appropriate recommendations to the county auditor or canvassing board, or both, to bring the county into compliance with the training required under this chapter, and the laws or rules of the state of Washington, to safeguard election material or to preserve the integrity of the elections process. 24 25 26 27 28 29 30 31 32 33 34 35 36 Sec. 10. RCW 29A.04.611 and 2009 c 369 s 5 are each 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: HB 1079 p. 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 (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)) transmission; 34 35 36 37 (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 p. 7 HB 1079 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 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)) 32 33 34 35 36 37 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; HB 1079 p. 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 (36) Standards and procedures to accommodate 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)) voting centers; (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 31 32 33 34 35 36 37 or visually impaired)) on accessible voting devices; (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; p. 9 HB 1079 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 (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)) declarations. 16 17 18 19 20 21 22 23 24 25 26 27 Sec. 11. RCW 29A.08.130 and 2009 c 369 s 13 are each amended to read as follows: Election officials shall not include inactive voters in the count of registered voters for the purpose of dividing precincts, ((creating vote-by-mail precincts,)) determining voter turnout, or other purposes in law for which the determining factor is the number of registered voters. ((Election officials shall not include persons who are ongoing absentee voters under RCW 29A.40.040 in determining the maximum permissible size of vote-by-mail precincts or in determining the maximum permissible size of precincts. Nothing in this section may be construed as altering the vote tallying requirements of RCW 29A.60.230.)) 28 29 30 31 32 33 34 35 Sec. 12. RCW 29A.08.140 and 2009 c 369 s 15 are each amended to read as follows: (1) In order to vote in any primary, special election, or general election, a person who is not registered to vote in Washington must: (a) Submit a registration application no later than twenty-nine days before the day of the primary, special election, or general election; or (b) Register in person at the county auditor's office in his or her HB 1079 p. 10 1 2 3 county of residence no later than eight days before the day of the primary, special election, or general election. ((A person registering 4 5 6 7 8 9 10 11 12 13 14 under this subsection will be issued an absentee ballot.)) (2) A person who is already registered to vote in Washington may update his or her registration no later than twenty-nine days before the day of the primary, special election, or general election to be in effect for that primary, special election, or general election. A registered voter who fails to transfer his or her residential address by this deadline may vote according to his or her previous registration address. (((3) Prior to each primary and general election, the county auditor shall give notice of the registration deadlines by one publication in a newspaper of general circulation in the county at least thirty-five days before the primary or general election.)) 15 16 17 18 19 20 21 22 23 24 25 Sec. 13. RCW 29A.08.440 and 2009 c 369 s 25 are each amended to read as follows: A registered voter who changes his or her name shall notify the county auditor regarding the name change by submitting a notice clearly identifying the name under which he or she is registered to vote, the voter's new name, and the voter's residence, and providing a signature of the new name, or by submitting a voter registration application. ((A properly registered voter who files a change-of-name notice at the voter's precinct polling place during a primary or election and who desires to vote at that primary or election shall sign the poll book using the voter's former and new names.)) 26 27 28 29 Sec. 14. RCW 29A.08.620 and 2009 c 369 s 29 are each amended to read as follows: (1) Each county auditor must request change of address information from the postal service for all ((absentee and)) mail ballots. ((A voter who votes at the polls must be mailed an election-related document, with change of address information requested, at least once every two years and at least ninety days prior to the date of a primary or general election for federal office.)) (2) The county auditor shall 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 by the 30 31 32 33 34 35 36 p. 11 HB 1079 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 county auditor 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. (3) The county auditor shall place a voter on inactive status and send to all known addresses a confirmation notice and a voter registration application if change of address information received by the county auditor 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. (4) The county auditor shall place a voter on inactive status and send to all known addresses a confirmation notice if any of the following occur: (a) Any document mailed by the county auditor to a voter is returned by the postal service as undeliverable without address correction information; or (b) 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. 20 21 22 23 24 25 26 27 28 29 30 31 32 Sec. 15. RCW 29A.08.720 and 2009 c 369 s 34 are each amended to read as follows: (1) In the case of voter registration records received through the department of licensing or an agency designated under RCW 29A.08.310, the identity of the office or agency at which any particular individual registered to vote is not available for public inspection and shall not be disclosed to the public. Any record of a particular individual's choice not to register to vote at an office of the department of licensing or a state agency designated under RCW 29A.08.310 is not available for public inspection and any information regarding such a choice by a particular individual shall not be disclosed to the public. (2) Subject to the restrictions of RCW 29A.08.710 and 40.24.060, ((poll books,)) precinct lists((,)) and current lists of registered 33 34 35 36 37 voters are public records and must be made available for public inspection and copying under such reasonable rules and regulations as the county auditor or secretary of state may prescribe. The county auditor or secretary of state shall promptly furnish current lists of registered voters in his or her possession, at actual reproduction HB 1079 p. 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 cost, to any person requesting such information. The lists shall not be used for the purpose of mailing or delivering any advertisement or offer for any property, establishment, organization, product, or service or for the purpose of mailing or delivering any solicitation for money, services, or anything of value. However, the lists and labels may be used for any political purpose. The county auditor or secretary of state must provide a copy of RCW 29A.08.740 to the person requesting the material that is released under this section. (3) For the purposes of this section, "political purpose" means a purpose concerned with the support of or opposition to any candidate for any partisan or nonpartisan office or concerned with the support of or opposition to any ballot proposition or issue. "Political purpose" includes, but is not limited to, such activities as the advertising for or against any candidate or ballot measure or the solicitation of financial support. 16 17 18 19 20 21 22 23 24 Sec. 16. RCW 29A.08.775 and 2005 c 246 s 20 are each amended to read as follows: Only voters who appear on the official statewide voter registration list are eligible to participate in elections. Each county shall maintain a copy of that county's portion of the state list. The county must ensure that voter registration data used for the production, issuance, and processing of ((poll lists and other lists and mailings done)) ballots in the administration of each election are the same as the official statewide voter registration list. 25 26 27 28 29 30 31 32 33 34 35 Sec. 17. RCW 29A.08.810 and 2006 c 320 s 4 are each amended to read as follows: (1) Registration of a person as a voter is presumptive evidence of his or her right to vote. A challenge to the person's right to vote must be based on personal knowledge of one of the following: (a) The challenged voter has been convicted of a felony and the voter's civil rights have not been restored; (b) The challenged voter has been judicially declared ineligible to vote due to mental incompetency; (c) The challenged voter does not live at the residential address provided, in which case the challenger must either: p. 13 HB 1079 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 (i) Provide the challenged voter's actual residence on the challenge form; or (ii) Submit evidence that he or she exercised due diligence to verify that the challenged voter does not reside at the address provided and to attempt to contact the challenged voter to learn the challenged voter's actual residence, including that the challenger personally: (A) Sent a letter with return service requested to the challenged voter's residential address provided, and to the challenged voter's mailing address, if provided; (B) Visited the residential address provided and contacted persons at the address to determine whether the voter resides at the address and, if not, obtained and submitted with the challenge form a signed affidavit subject to the penalties of perjury from a person who owns or manages property, resides, or is employed at the address provided, that to his or her personal knowledge the challenged voter does not reside at the address as provided on the voter registration; (C) Searched local telephone directories, including online directories, to determine whether the voter maintains a telephone listing at any address in the county; (D) Searched county auditor property records to determine whether the challenged voter owns any property in the county; and (E) Searched the statewide voter registration database to determine if the voter is registered at any other address in the state; (d) The challenged voter will not be eighteen years of age by the next election; or (e) The challenged voter is not a citizen of the United States. (2) A person's right to vote may be challenged: By another registered voter or the county prosecuting attorney ((at any time, or 30 31 32 33 34 35 36 37 38 by the poll site judge or inspector if the challenge is filed on election day regarding a voter who presents himself or herself to vote at the poll site)). (3) The challenger must file a signed affidavit subject to the penalties of perjury swearing that, to his or her personal knowledge and belief, having exercised due diligence to personally verify the evidence presented, the challenged voter either is not qualified to vote or does not reside at the address given on his or her voter registration record based on one of the reasons allowed in subsection HB 1079 p. 14 1 2 3 4 5 6 7 8 (1) of this section. The challenger must provide the factual basis for the challenge, including any information required by subsection (1)(c) of this section, in the signed affidavit. The challenge may not be based on unsupported allegations or allegations by anonymous third parties. All documents pertaining to the challenge are public records. (4) Challenges based on a felony conviction under RCW 29A.08.520 must be heard according to RCW 29A.08.520 and rules adopted by the secretary of state. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Sec. 18. RCW 29A.08.820 and 2006 c 320 s 5 are each amended to read as follows: (1) Challenges initiated by a registered voter against a voter who registered to vote less than sixty days before the election, or who changed residence less than sixty days before the election without transferring his or her registration, must be filed not later than ten days before any primary or election, general or special, or within ten days of the voter being added to the voter registration database, whichever is later, at the office of the appropriate county auditor. Challenges initiated by a registered voter ((against any other voter)) or county prosecuting attorney must be filed not later than forty-five days before the election. ((Challenges initiated by the office of the county prosecuting attorney must be filed in the same manner as challenges initiated by a registered voter.)) (2)(a) If the challenge is filed within forty-five days before an election at which the challenged voter is eligible to vote, a notation of the challenge must be made immediately in the ((poll book or)) voter registration system, and the county canvassing board presides over the hearing. (b) If the challenge is filed before the challenged voter's ballot is received, the ballot must be treated as a challenged ballot. ((A 30 31 32 33 34 35 36 challenged ballot received at a polling place must be placed in a sealed envelope separate from other voted ballots.)) (c) If the challenge is filed after the challenged voter's ballot is received, the challenge cannot affect the current election. (3) If the challenge is filed at least forty-five days before an election at which the challenged voter is eligible to vote, the county auditor presides over the hearing. p. 15 HB 1079 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Sec. 19. RCW 29A.12.085 and 2005 c 242 s 1 are each amended to read as follows: Beginning on January 1, 2006, all direct recording electronic voting devices must produce a paper record of each vote that may be accepted or rejected by the voter before finalizing his or her vote. This record may not be removed from the ((polling place)) voting center, and must be human readable without an interface and machine readable for counting purposes. If the device is programmed to display the ballot in multiple languages, the paper record produced must be printed in the language used by the voter. Rejected records must either be destroyed or marked in order to clearly identify the record as rejected. Paper records produced by direct recording electronic voting devices are subject to all the requirements of chapter 29A.60 RCW for ballot handling, preservation, reconciliation, transit, and storage. The paper records must be preserved in the same manner and for the same period of time as ballots. Sec. 20. RCW 29A.12.110 and 2003 c 111 s 311 are each amended to read as follows: In preparing a voting device for a primary or election, a record shall be made of the ballot format installed in each device ((and the precinct or portion of a precinct for which that device has been prepared)). Except where provided by a rule adopted under RCW ((29A.04.610)) 29A.04.611, after being prepared for a primary or election, each device shall be sealed with a uniquely numbered seal ((and provided to the inspector of the appropriate polling place)). The programmed memory pack for each voting device must be sealed into the device during final preparation and logic and accuracy testing. 29 30 Except in the case of a device breakdown, the memory pack must remain sealed in the device until after 8:00 p.m. on the day of the primary, special election, or general election. 31 32 33 34 35 Sec. 21. RCW 29A.12.120 and 2003 c 111 s 312 are each amended to read as follows: (1) Before each state primary or general election at which voting systems are to be used, the county auditor shall instruct all ((precinct election officers appointed under RCW 29A.44.410,)) counting HB 1079 p. 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 center personnel((, and political party observers designated under RCW 29A.60.170)) in the proper conduct of their voting system duties. (2) The county auditor may waive instructional requirements for ((precinct election officers,)) counting center personnel((, and political party observers)) who have previously received instruction and who have served for a sufficient length of time to be fully qualified to perform their duties. The county auditor shall keep a record of each person who has received instruction and is qualified to serve at the subsequent primary or election. (3) ((As compensation for the time spent in receiving instruction, each precinct election officer who qualifies and serves at the subsequent primary or election shall receive an additional two hours compensation, to be paid at the same time and in the same manner as compensation is paid for services on the day of the primary or election. (4) Except for the appointment of a precinct election officer to fill a vacancy under RCW 29A.44.440, no inspector or judge may serve at any primary or election at which voting systems are used unless he or she has received the required instruction and is qualified to perform his or her duties in connection with the voting devices.)) No person may work in a counting center at a primary or election at which a vote tallying system is used unless that person has received the required instruction and is qualified to perform his or her duties in connection with the handling and tallying of ballots for that primary or election. ((No person may serve as a political party observer unless that person has received the required instruction and is familiar with the operation of the counting center and the vote tallying system and the procedures to be employed to verify the accuracy of the programming for that vote tallying system.)) Sec. 22. RCW 29A.12.160 and 2004 c 267 s 701 are each amended to read as follows: (1) At each ((polling location)) voting center, at least one voting unit certified by the secretary of state shall provide access to individuals who are blind or visually impaired. (2) ((Compliance with this provision in regard to voting technology and systems purchased prior to July 27, 2003, shall be achieved at the p. 17 HB 1079 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 time of procurement of an upgrade of technology compatible with nonvisual voting methods or replacement of existing voting equipment or systems. (3) Compliance with subsection (2) of this section is contingent on available funds to implement this provision. (4))) For purposes of this section, the following definitions apply: (a) "Accessible" includes receiving, using, selecting, and manipulating voter data and controls. (b) "Nonvisual" includes synthesized speech, Braille, and other output methods. (c) "Blind and visually impaired" excludes persons who are both deaf and blind. (((5) This section does not apply to voting by absentee ballot.)) Sec. 23. RCW 29A.16.040 and 2004 c 266 s 10 are each amended to read as follows: The county legislative authority of each county in the state ((hereafter formed)) shall((, at their first session,)) divide ((their respective counties)) the county into election precincts and establish the boundaries of the precincts. ((The county auditor shall thereupon designate the voting place for each such precinct or whether the precinct is a vote by mail precinct.)) (1) Precinct boundaries may be altered at any time as long as sufficient time exists prior to a given election for the necessary procedural steps to be honored. Except as permitted under subsection (((5))) (3) of this section, no precinct ((boundaries)) changes may be ((changed)) made during the period starting ((on the thirtieth)) fourteen days prior to the first day for candidates to file for the primary election and ending with the day of the general election. (2) The county legislative authority may establish by ordinance a limitation on the maximum number of active registered voters in each precinct within its jurisdiction. The ((limitation may be different for precincts based upon the method of voting used for such precincts and the)) number may be less than the number established by law, but in no case may the number exceed ((that authorized by law)) two thousand active registered voters. HB 1079 p. 18 1 2 3 (3) ((Precincts in which voting machines or electronic voting devices are used may contain as many as nine hundred active registered 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 voters. The number of poll-site ballot counting devices at each polling place is at the discretion of the auditor. The number of devices must be adequate to meet the expected voter turnout. (4) On petition of twenty-five or more voters resident more than ten miles from any polling site, the county legislative authority shall establish a separate voting precinct therefor. (5))) The county auditor shall temporarily adjust precinct boundaries when a city or town annexes unincorporated territory to the city or town, or whenever unincorporated territory is incorporated as a city or town. The adjustment must be made as soon as possible after the approval of the annexation or incorporation. The temporary adjustment must be limited to the minimum changes necessary to accommodate the addition of the territory to the city or town, or to establish the eligible voters within the boundaries of the new city or town, and remains in effect only until precinct boundary modifications reflecting the annexation or incorporation are adopted by the county legislative authority. (((6) In determining the number of active registered voters for the purposes of this section, persons who are ongoing absentee voters under RCW 29A.40.040 shall not be counted. Nothing in this subsection may be construed as altering the vote tallying requirements of RCW 29A.60.230.)) 25 26 27 28 29 30 31 32 33 34 35 36 Sec. 24. RCW 29A.24.081 and 2004 c 271 s 159 are each amended to read as follows: Any candidate may mail his or her declaration of candidacy for an office to the filing officer. Such declarations of candidacy shall be processed by the filing officer in the following manner: (1) Any declaration received by the filing officer by mail before the tenth business day immediately preceding the first day for candidates to file for office shall be returned to the candidate submitting it, together with a notification that the declaration of candidacy was received too early to be processed. The candidate shall then be permitted to resubmit his or her declaration of candidacy during the filing period. p. 19 HB 1079 1 2 3 4 5 6 7 8 9 10 11 12 (2) Any properly executed declaration of candidacy received by mail on or after the tenth business day immediately preceding the first day for candidates to file for office and before the close of business on the last day of the filing period shall be included with filings made in person during the filing period. ((In partisan and judicial elections the filing officer shall determine by lot the order in which the names of those candidates shall appear upon sample and absentee primary ballots.)) (3) Any declaration of candidacy received by the filing officer after the close of business on the last day for candidates to file for office shall be rejected and returned to the candidate attempting to file it. 13 14 15 16 17 18 19 20 21 22 23 24 25 Sec. 25. RCW 29A.28.061 and 2004 c 271 s 119 are each amended to read as follows: The general election laws and laws relating to partisan primaries shall apply to the special primaries and vacancy elections provided for in chapter 29A.28 RCW to the extent that they are not inconsistent with the provisions of these sections. Minor political party and independent candidates may appear only on the general election ballot. Statutory time deadlines relating to availability of ((absentee)) ballots, certification, canvassing, and related procedures that cannot be met in a timely fashion may be modified for the purposes of a specific primary or vacancy election under this chapter by the secretary of state through emergency rules adopted under RCW 29A.04.611. 26 27 28 29 30 31 32 33 34 35 Sec. 26. RCW 29A.32.260 and 2003 c 111 s 818 are each amended to read as follows: As soon as practicable before the primary, special election, or general election, the county auditor, or if applicable, the city clerk of a first-class or code city, as appropriate, shall mail the local voters' pamphlet to every residence in each jurisdiction that has included information in the pamphlet. The county auditor or city clerk, as appropriate, may choose to mail the pamphlet to each registered voter in each jurisdiction that has included information in the pamphlet, if in his or her judgment, a more economical and HB 1079 p. 20 1 2 3 effective distribution of the pamphlet would result. ((If the county or city chooses to mail the pamphlet to each residence, no notice of 4 5 6 7 8 9 10 11 12 13 Sec. 27. RCW 29A.36.115 and 2005 c 243 s 3 are each amended to read as follows: All provisional ((and absentee)) ballots must be visually distinguishable from ((each)) other ballots and ((must be either: (1) Printed on colored paper; or (2) Imprinted with a bar code for the purpose of identifying the ballot as a provisional or absentee ballot. The bar code must not identify the voter. Provisional and absentee ballots must be)) incapable of being tabulated by ((poll-site counting devices)) a voting system. 14 15 16 17 18 19 20 21 22 23 24 25 Sec. 28. RCW 29A.36.131 and 2004 c 271 s 130 are each amended to read as follows: After the close of business on the last day for candidates to file for office, the filing officer shall, from among those filings made in person and by mail, determine by lot the order in which the names of those candidates will appear on all ((primary, sample, and absentee)) ballots. The determination shall be done publicly and may be witnessed by the media and by any candidate. If no primary is required for any nonpartisan office under RCW 29A.52.011 or 29A.52.220, or if any independent or minor party candidate files a declaration of candidacy, the names shall appear on the general election ballot in the order determined by lot. 26 27 28 29 30 31 32 Sec. 29. RCW 29A.36.220 and 2003 c 111 s 922 are each amended to read as follows: The cost of printing and mailing ballots, ((ballot cards)) envelopes, and instructions ((and the delivery of this material to the precinct election officers)) shall be an election cost that shall be borne as determined under RCW 29A.04.410 and 29A.04.420, as appropriate. 33 34 Sec. 30. RCW 29A.40.010 and 2009 c 369 s 36 are each amended to read as follows: election otherwise required by RCW 29A.52.350 need be published.)) p. 21 HB 1079 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 ((Any)) Each registered voter of the state ((or any)), overseas voter ((or)), and service voter ((may vote by absentee)) shall automatically be issued a mail ballot ((in any)) for each general election, special election, or primary ((in the manner provided in this chapter)). 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. Each registered voter shall continue to receive a ballot by mail until the death or disqualification of the voter, cancellation of the voter's registration, or placing the voter on inactive status. Sec. 31. RCW 29A.40.020 and 2009 c 369 s 37 are each amended to read as follows: (1) ((Except as otherwise provided by law, a registered 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 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)) a ballot from an 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 HB 1079 p. 22 1 2 3 shall verify that information from the voter registration records of the county. 4 5 6 7 8 9 10 11 12 13 (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 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))) (2) No person, organization, or association may distribute ((absentee ballot applications within this state)) any ballot materials that contain a return address other than that of the appropriate county auditor. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Sec. 32. RCW 29A.40.050 and 2003 c 111 s 1005 are each amended to read as follows: (1) ((As provided in this section,)) County auditors shall provide special absentee ballots to be used for state primary or state general elections. An auditor shall provide a special absentee ballot only to a registered voter who completes an application stating that she or he will be unable to vote and return a regular ((absentee)) ballot by normal mail delivery within the period provided for regular ((absentee)) ballots. ((The application for)) A special absentee ballot may not be ((filed earlier)) issued more than ninety days before the applicable state primary or general election. The special absentee ballot will list the offices and measures, if known, scheduled to appear on the state primary or general election ballot. The voter may use the special absentee ballot to write in the name of any eligible candidate for each office and vote on any measure. (2) ((With any special absentee ballot issued under this section,)) 31 32 33 34 35 36 The county auditor shall include a listing of any candidates who have filed before the time of the application for offices that will appear on the ballot at that primary or election and a list of any issues that have been referred to the ballot before the time of the application. (3) Write-in votes on special absentee ballots must be counted in the same manner provided by law for the counting of other write-in p. 23 HB 1079 1 2 3 votes. The county auditor shall process and canvass the special absentee ballots provided under this section in the same manner as other ((absentee)) ballots under this chapter and chapter 29A.60 RCW. 4 5 6 7 8 (4) A voter who requests a special absentee ballot under this section may also request ((an absentee)) a regular ballot ((under RCW 29A.40.020(4))). If the regular absentee ballot is properly voted and returned, the special absentee ballot is void, and the county auditor shall reject it in whole when special absentee ballots are canvassed. 9 10 11 12 13 14 15 Sec. 33. RCW 29A.40.100 and 2003 c 111 s 1010 are each amended to read as follows: County auditors must request that observers be appointed by the major political parties to be present during the processing of ((absentee)) ballots at the counting center. The absence of the observers will not prevent the processing of ((absentee)) ballots if the county auditor has requested their presence. 16 17 18 19 20 21 22 23 24 25 26 27 Sec. 34. RCW 29A.40.110 and 2009 c 369 s 40 are each 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)) 28 29 30 31 32 33 34 35 36 processing. ((Absentee ballots that are to be tabulated on an electronic vote tallying system)) Ballots 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,)) on the return envelope and signature on the ((return envelope that contains the security envelope and absentee ballot)) declaration before processing the ballot. The ballot must either be received no later than 8:00 p.m. on the day of the primary or election, HB 1079 p. 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 or must be postmarked no later than the day of the primary or election. 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)) ballot declaration 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)) ballot declaration 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)) If the postmark is missing or illegible, the date on the ((return envelope)) ballot declaration 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 overseas voters and service voters, the date on the ((return envelope)) declaration to which the voter has attested determines the validity, as to the time of voting, for that ((absentee)) ballot. Sec. 35. RCW 29A.40.130 and 2003 c 111 s 1013 are each amended to read as follows: Each county auditor shall maintain in his or her office, open for public inspection, a record of ((the requests he or she has received for absentee ballots under this chapter. The information from the requests shall be recorded and lists of this information shall be available no later than twenty-four hours after their receipt. This information about absentee voters shall be available according to the date of the requests and by legislative district. It shall include the name of each applicant, the address and precinct in which the voter maintains a voting residence, the date on which an absentee ballot was issued to this voter, if applicable, the type of absentee ballot, and the address to which the ballot was or is to be mailed, if applicable. The auditor shall make copies of these records available to the public for the actual cost of production or copying)) all ballots p. 25 HB 1079 1 2 3 issued and received. For each primary, special election, or general election, any political party, committee, or person may request a list 4 5 of all registered voters who have or have not voted. Such requests shall be handled as public records requests pursuant to chapter 42.56 RCW. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 NEW SECTION. Sec. 36. A new section is added to chapter 29A.44 RCW to read as follows: (1) Each county auditor shall open a voting center in the county auditor's office each primary, special election, and general election. The voting center shall be open during business hours during the voting period, which begins eighteen days before, and ends at 8:00 p.m. on the day of, the primary, special election, or general election. (2) The voting center must provide voter registration materials, replacement ballots, provisional ballots, disability access voting units, sample ballots, instructions on how to properly vote the ballot, a ballot drop box, and voters' pamphlets, if a voters' pamphlet has been published. (3) The voting center must be accessible to persons with disabilities. (4) The voting center must provide at least one voting unit certified by the secretary of state that provides access to individuals who are blind or visually impaired, enabling them to vote with privacy and independence. (5) No person may interfere with a voter attempting to vote in a voting center. Interfering with a voter attempting to vote is a violation of RCW 29A.84.510. (6) Before opening the voting center, the voting equipment shall be inspected to determine if it has been properly prepared for voting. If the voting equipment is capable of direct tabulation of each voter's choices, the county auditor shall verify that no votes have been registered for any issue or office, and that the device has been sealed with a unique numbered seal at the time of final preparation and logic and accuracy testing. A log must be made of all device numbers and seal numbers. (7) Any person desiring to vote at a voting center must either sign a ballot declaration or provide identification. HB 1079 p. 26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 (a) The signature on the declaration must be compared to the signature on the voter registration record before the ballot may be counted. If the voter registered using a mark, or can no longer sign his or her name, the election officers shall require the voter to be identified by another registered voter. (b) The identification must be valid photo identification, such as a driver's license, state identification card, student identification card, tribal identification card, or employer identification card. Any individual who desires to vote in person but cannot provide identification shall be issued a provisional ballot, which shall be accepted if the signature on the declaration matches the signature on the voter's registration record. (8) Provisional ballots must be accompanied by a declaration and security envelope, as required by RCW 29A.40.091, and space for the voter's name, date of birth, current and former registered address, reason for the provisional ballot, and disposition of the provisional ballot. The voter shall vote and return the provisional ballot at the voting center. The voter must be provided information on how to ascertain whether the provisional ballot was counted and, if applicable, the reason why the vote was not counted. (9) Any voter may take printed or written material into the voting device to assist in casting his or her vote. The voter shall not use this material to electioneer and shall remove it when he or she leaves the voting center. (10) If any voter states that he or she is unable to cast his or her votes due to a disability, the voter may designate a person of his or her choice, or two election officers, to enter the voting booth and record the votes as he or she directs. (11) No voter is entitled to vote more than once at a primary, special election, or general election. If a voter incorrectly marks a ballot, he or she may be issued a replacement ballot. (12) A voter who has already returned a ballot but requests to vote at a voting center shall be issued a provisional ballot. The canvassing board shall not count the provisional ballot if it finds that the voter has also voted a regular ballot in that primary, special election, or general election. (13) The county auditor must prevent overflow of each ballot drop box to allow a voter to deposit his or her ballot securely. Ballots p. 27 HB 1079 1 2 3 4 5 6 7 8 removed from a ballot drop box must be counted, with a record kept of the date, time, number of ballots received, and the name of the person transferring the ballots to secure storage. All ballot drop boxes must be secured at 8:00 p.m. on the day of the primary, special election, or general election. (14) Any voter who is inside or in line at the voting center at 8:00 p.m. on the day of the primary, special election, or general election must be allowed to vote. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Sec. 37. RCW 29A.46.260 and 2010 c 215 s 5 are each amended to read as follows: (1) The legislature finds that the elimination of polling places resulting from the transition to vote by mail creates barriers that restrict the ability of many voters with disabilities from achieving the independence and privacy in voting provided by the accessible voting devices required under the help America vote act. Counties ((adopting a vote by mail system)) must take appropriate steps to mitigate these impacts and to address the obligation to provide voters with disabilities an equal opportunity to vote independently and privately, to the extent that this can be achieved without incurring undue administrative and financial burden. (2) Each county shall establish and maintain an advisory committee that includes persons with diverse disabilities and persons with expertise in providing accommodations for persons with disabilities. The committee shall assist election officials in developing a plan to identify and implement changes to improve the accessibility of elections for voters with disabilities. The plan shall include recommendations for the following: (a) The number of ((polling places)) voting centers that will be 29 30 31 32 33 34 35 36 maintained in order to ensure that people with disabilities have reasonable access to accessible voting devices, and a written explanation for how the determination was made; (b) The locations of ((polling places,)) ballot drop-off facilities, voting centers, and other election-related functions necessary to maximize accessibility to persons with disabilities; (c) Outreach to voters with disabilities on the availability of disability accommodation, including in-person disability access voting; HB 1079 p. 28 1 2 3 4 5 6 7 8 9 10 11 12 13 (d) Transportation of voting devices to locations convenient for voters with disabilities in order to ensure reasonable access for voters with disabilities; and (e) Implementation of the provisions of the help America vote act related to persons with disabilities. Counties must update the plan at least annually. The election review staff of the secretary of state shall review and evaluate the plan in conformance with the review procedure identified in RCW 29A.04.570. (3) Counties may form a joint advisory committee to develop the plan identified in subsection (2) of this section if no more than one of the participating counties has a population greater than seventy thousand. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 NEW SECTION. Sec. 38. A new section is added to chapter 29A.52 RCW to read as follows: Notice for any state, county, district, or municipal primary or election, whether special or general, must be given by the county auditor between five and fifteen days prior to the deadline for mail-in registrations. The notice must be published in one or more newspapers of general circulation and must contain, at a minimum, the last date to register online or through the mail, the last date to transfer or update an existing registration, the last date to register in person for first-time voters, information on where a person can register, the type of election, the date of the election, how a voter can obtain a ballot, a list of all jurisdictions involved in the election, including positions and short titles for ballot measures appearing on the ballot, and the times and dates of any public meetings associated with the election. The notice shall also include where additional information regarding the election may be obtained. This is the only notice required for a state, county, district, or municipal primary or special or general election. If the county or city chooses to mail a local voters' pamphlet as described in RCW 29A.32.210 to each residence, the notice required in this section need only include the last date to register online or through the mail, the last date to transfer or update an existing registration, the last date to register in person for first-time voters, information on where a person can register, and p. 29 HB 1079 1 2 the times election. and dates of any public meetings associated with the 3 4 5 6 7 8 9 10 11 12 13 14 15 Sec. 39. RCW 29A.60.040 and 2009 c 414 s 2 are each amended to read as follows: A ballot is invalid and no votes on that ballot may be counted if it is found folded together with another ballot. Those parts of a ballot are invalid and no votes may be counted for those issues or offices where more votes are cast for the office or issue than are permit