Bill Summary – FastDemocracy

H-0539.2
                                 HOUSE BILL 1475
     State of Washington         68th Legislature     2023 Regular Session
     By Representatives Farivar, Mena, Fosse, Taylor, Reed, Gregerson,
     Simmons, Chapman, Ryu, Peterson, Ramel, Macri, Morgan, Bergquist, and
     Pollet
     Read first time 01/20/23.   Referred to Committee on State Government
     & Tribal Relations.
      AN ACT Relating to increasing access to elections by allowing
  certain populations to return ballots using an online ballot portal;
  amending RCW 29A.40.091, 29A.60.235, and 29A.04.611; reenacting and
  amending RCW 29A.40.110; adding a new section to chapter 29A.40 RCW;
  and providing an effective date.
  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
     NEW SECTION. Sec. 1. A new section is added to chapter 29A.40
 RCW to read as follows:
     (1) The secretary of state, in consultation with county auditors
 and the state chief information security officer, shall establish a
 statewide online ballot portal that allows voters to access their
 ballot electronically, and voters described in subsection (4) of this
 section to submit a voted ballot using the online ballot portal.
 Counties must use the online ballot portal established by the
 secretary of state unless the county auditor receives a waiver from
 the secretary of state to use another approved online ballot portal.
     (2) Any online ballot portal used in the state must, at a
 minimum:
     (a) Comply with all state and federal requirements and current
 best practices for accessibility for individuals with disabilities;
     (b) Provide the voter with their correct and accurate ballot;
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     (c) Allow the county auditor to verify whether any ballot
 returned through the portal was returned on time under subsection (5)
 of this section;
     (d) Ensure the privacy and security of all ballots returned to
 the county auditor through the portal to confirm that ballots have
 not been viewed or altered during the transmission of the ballot;
     (e) Allow the county canvassing board, or its designated
 representatives, to verify that each ballot returned through the
 portal was returned by a registered voter who is eligible to vote in
 the election or primary and has not returned another ballot in the
 same election or primary, while maintaining the secrecy of the
 selections made on the ballot;
     (f) Not be connected to any part of a voting system as defined in
 RCW 29A.12.005 and produce a paper copy of each ballot returned
 through the portal to be used for tabulation on a voting system which
 is separate from the online ballot portal;
     (g) Instruct the voter on how to return the voter's ballot; and
     (h) Include on the screen where a voter described in subsection
 (4) of this section may submit a voted ballot the following: "I
 attest under penalty of perjury that I meet the qualifications to
 return my ballot using this online ballot portal."
     (3) Any voter may access the voter's ballot through an online
 ballot portal that allows the voter to mark the ballot electronically
 and print out the ballot for return to the county auditor.
     (4) The following voters may return a voted ballot to the county
 auditor using the online ballot portal described under this section:
     (a) Overseas voters and service voters;
     (b) Disabled voters as defined in RCW 29A.04.037; and
     (c) Any eligible voter who is currently serving a sentence of
 total or partial confinement as defined in RCW 9.94A.030 in
 Washington state, and who is not serving a sentence of total
 confinement for a felony conviction.
     (5) Any voted ballot returned to the county auditor through an
 approved online ballot portal described in subsection (1) of this
 section must be received by the county auditor no later than 8:00
 p.m. on the day of the election or primary.
     Sec. 2.   RCW 29A.40.091 and 2021 c 10 s 3 are each amended to
 read as follows:
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     (1) The county auditor shall send each voter a ballot, a security
 envelope in which to conceal the ballot after voting, a larger
 envelope in which to return the security envelope, a declaration that
 the voter must sign, and instructions on how to obtain information
 about the election, how to mark the ballot, and how to return the
 ballot to the county auditor. The calendar date of the election must
 be prominently displayed in bold type, twenty-point font or larger,
 on the envelope sent to the voter containing the ballot and other
 materials listed in this subsection((:
     (a) For all general elections in 2020 and after;
     (b) For all primary elections in 2021 and after; and
     (c) For all elections in 2022 and after)).
     (2) The voter must swear under penalty of perjury that he or she
 meets the qualifications to vote, and has not voted in any other
 jurisdiction at this election. 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 is serving a
 sentence of total confinement under the jurisdiction of the
 department of corrections for a felony conviction or is currently
 incarcerated for a federal or out-of-state felony conviction; and it
 is illegal to cast a ballot or sign a ballot declaration on behalf of
 another voter. The ballot materials must provide space for the voter
 to sign the declaration, indicate the date on which the ballot was
 voted, and include a telephone number.
     (3) For overseas and service voters, the signed declaration
 constitutes the equivalent of a voter registration. Return envelopes
 for overseas and service voters must enable the ballot to be returned
 postage free if mailed through the United States postal service,
 United States armed forces postal service, or the postal service of a
 United States foreign embassy under 39 U.S.C. 3406.
     (4) The voter must be instructed to either return the ballot to
 the county auditor no later than 8:00 p.m. the day of the election or
 primary, or mail the ballot to the county auditor with a postmark no
 later than the day of the election or primary. Return envelopes for
 all election ballots must include prepaid postage. Service and
 overseas voters may return a voted ballot and signed declaration by
 fax or email and must be provided with instructions and a privacy
 sheet for returning the ballot and signed declaration by fax or
 email. Voters described in section 1(4) of this act must be provided
 with instructions for accessing their ballot, marking their ballot,
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 and returning a voted ballot, using an approved online ballot portal.
 A voted ballot and signed declaration returned by fax or email by a
 service or overseas voter must be received by 8:00 p.m. on the day of
 the election or primary. A voted ballot returned by a voter described
 in section 1(4) of this act using an approved online ballot portal
 must be received by 8:00 p.m. on the day of the election or primary.
     (5) The county auditor's name may not appear on the security
 envelope, the return envelope, or on any voting instructions or
 materials included with the ballot if he or she is a candidate for
 office during the same year.
     (6) For purposes of this section((, "prepaid)):
     (a) "Prepaid postage" means any method of return postage paid by
 the county or state.
     (b) "Approved online ballot portal" means an online ballot portal
 described in section 1 of this act.
     Sec. 3. RCW 29A.40.110 and 2011 c 349 s 18, 2011 c 348 s 4, and
 2011 c 10 s 41 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 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 processing. Ballots may be taken from the inner envelopes and
 all the normal procedural steps may be performed to prepare these
 ballots for tabulation.
     (3) The canvassing board, or its designated representatives,
 shall examine the postmark on the return envelope and signature on
 the 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, 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 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. A variation
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 between the signature of the voter on the 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) ((If)) For ballots returned by mail, if the postmark is
 missing or illegible, the date on the ballot declaration to which the
 voter has attested determines the validity, as to the time of voting,
 for that ballot. For ballots returned by mail by overseas voters and
 service voters, the date on the declaration to which the voter has
 attested determines the validity, as to the time of voting, for that
 ballot.
     (5) Any overseas voter or service voter may return the signed
 declaration and voted ballot by fax or email by 8:00 p.m. on the day
 of the primary or election, and the county auditor must use
 established procedures to maintain the secrecy of the ballot.
     (6) A voter described in section 1(4) of this act may return a
 signed declaration and voted ballot using an approved online ballot
 portal, described under section 1 of this act, no later than 8:00
 p.m. on the day of the primary or election. The county auditor shall
 establish procedures to maintain the secrecy of the ballot.
     Sec. 4.   RCW 29A.60.235 and 2018 c 218 s 9 are each amended to
 read as follows:
     (1) The county auditor shall prepare 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 issued;
     (c) The number of ballots received;
     (d) The number of ballots counted;
     (e) The number of ballots rejected;
     (f) The number of provisional ballots issued;
     (g) The number of provisional ballots received;
     (h) The number of provisional ballots counted;
     (i) The number of provisional ballots rejected;
     (j) The number of federal write-in ballots received;
     (k) The number of federal write-in ballots counted;
     (l) The number of federal write-in ballots rejected;
     (m) The number of overseas and service ballots issued by mail,
 online ballot portal, email, website link, or facsimile;
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     (n) The number of overseas and service ballots received by mail,
 online ballot portal, email, or facsimile;
     (o) The number of overseas and service ballots counted by mail,
 online ballot portal, email, or facsimile;
     (p) The number of overseas and service ballots rejected by mail,
 online ballot portal, email, or facsimile;
     (q) The number of nonoverseas and nonservice ballots sent by
 email, ((website link)) online ballot portal, or facsimile;
     (r) The number of nonoverseas and nonservice ballots received by
 email, online ballot portal, or facsimile;
     (s) The number of nonoverseas and nonservice ballots that were
 rejected for:
     (i) Failing to send an original or hard copy of the ballot by the
 certification deadline; or
     (ii) Any other reason, including the reason for rejection;
     (t) The number of voters credited with voting;
     (u) The number of replacement ballots requested;
     (v) The number of replacement ballots issued;
     (w) The number of replacement ballots received;
     (x) The number of replacement ballots counted;
     (y) The number of replacement ballots rejected; and
     (z) Any other information the auditor or secretary of state deems
 necessary to reconcile the number of ballots counted with the number
 of voters credited with voting, and to maintain an audit trail.
     (2) The county auditor must make the report available to the
 public at the auditor's office and must publish the report on the
 auditor's website at the time of certification. The county auditor
 must submit the report to the secretary of state at the time of
 certification in any form determined by the secretary of state.
     (3)(a) The secretary of state must collect the reconciliation
 reports   from   each    county auditor   and   prepare   a  statewide
 reconciliation report for each state primary and general election.
 The report may be produced in a form determined by the secretary that
 includes the information as described in this subsection (3). The
 report must be prepared and published on the secretary of state's
 website within two months after the last county's election results
 have been certified.
     (b) The state report must include a comparison among counties on
 rates   of   votes    received, counted,    and   rejected,  including
 provisional, write-in, overseas ballots, and ballots transmitted
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 electronically. The comparison information may be in the form of
 rankings, percentages, or other relevant quantifiable data that can
 be used to measure performance and trends.
     (c) The state report must also include an analysis of the data
 that can be used to develop a better understanding of election
 administration and policy. The analysis must combine data, as
 available, over multiple years to provide broader comparisons and
 trends regarding voter registration and turnout and ballot counting.
 The analysis must incorporate national election statistics to the
 extent such information is available.
     Sec. 5.   RCW 29A.04.611 and 2011 c 10 s 13 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:
     (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;
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     (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;
     (12) The use of substitute devices or means of voting when a
 voting device 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
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