Uniformed & overseas voting

AN ACT Relating to adopting national standards for uniformed and 1
overseas civilian voting, including conforming amendments to existing 2
statute; amending RCW 29A.04.109, 29A.04.151, 29A.04.163, 29A.04.210, 3
29A.08.107, 29A.40.050, 29A.40.070, 29A.40.091, and 29A.40.110; 4
reenacting and amending RCW 29A.40.110; adding new sections to 5
chapter 29A.04 RCW; adding a new chapter to Title 29A RCW; providing 6
an effective date; and providing an expiration date.7
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:8
PART I9
ADOPTION OF NATIONAL STANDARDS10
NEW SECTION. Sec. 101. INTENT. The legislature finds voting 11
rights for all eligible citizens a priority, this includes assisting 12
Washington citizens serving in the military and those living overseas 13
in securing their voting rights. These rights must be secured for the 14
voters and against interference. This act conforms Washington voting 15
law with federal law concerning voting rights for military and 16
overseas voters by enacting the uniform military and overseas voters 17
act.18
Z-0550.1
HOUSE BILL 2206
State of Washington 69th Legislature 2026 Regular Session
By Representatives Mena, Ryu, Simmons, Reed, Street, Thomas, Doglio,
Berg, Reeves, Thai, Fosse, and Hill; by request of Secretary of State
and Uniform Law Commission
Prefiled 12/29/25. Read first time 01/12/26. Referred to Committee
on State Government & Tribal Relations.
p. 1 HB 2206
NEW SECTION. Sec. 102. DEFINITIONS. The definitions in this 1
section apply throughout this chapter unless the context clearly 2
requires otherwise.3
(1) "Covered voter" means: 4
(a) A uniformed-service voter or an overseas voter who is 5
registered to vote in Washington state; 6
(b) A uniformed-service voter defined in subsection (9)(a) of 7
this section whose voting residence is in this state and who 8
otherwise satisfies Washington state voter eligibility requirements;9
(c) An overseas voter who, before leaving the United States, was 10
last eligible to vote in Washington state and, except for a state 11
residency requirement, otherwise satisfies Washington state voter 12
eligibility requirements; 13
(d) An overseas voter who, before leaving the United States, 14
would have been last eligible to vote in Washington state had the 15
voter then been of voting age and, except for a state residency 16
requirement, otherwise satisfies this state's voter eligibility 17
requirements; or 18
(e) An overseas voter who was born outside the United States, is 19
not described in (c) or (d) of this subsection, and, except for a 20
state residency requirement, otherwise satisfies Washington state 21
voter eligibility requirements, if: 22
(i) The last place where a parent, legal guardian, or family 23
member of the voter is, was, or under this chapter would have been, 24
eligible to vote currently, or before leaving the United States is 25
within Washington state; and 26
(ii) The voter has not previously registered to vote in any other 27
state and is not registered to vote in another state.28
(2) "Dependent" means an individual recognized as a dependent by 29
a uniformed service, and, by reason of the active duty or service of 30
the member, is absent from the place of residence where the dependent 31
is otherwise qualified to vote. 32
(3) "Federal postcard application" means the application 33
prescribed under section 101 (b)(2) of the uniformed and overseas 34
citizens absentee voting act, 52 U.S.C. Sec. 20301(b)(2).35
(4) "Federal write-in absentee ballot" means the ballot described 36
in section 103 of the uniformed and overseas citizens absentee voting 37
act, 52 U.S.C. Sec. 20303. 38
(5) "Military-overseas ballot" means: 39
(a) A federal write-in absentee ballot; 40
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(b) A ballot specifically prepared or distributed for use by a 1
covered voter in accordance with Washington voting law; or2
(c) A ballot cast by a covered voter in accordance with 3
Washington voting law. 4
(6) "Overseas voter" means a United States citizen who is outside 5
the United States. 6
(7) "State" means a state of the United States, the District of 7
Columbia, Puerto Rico, the United States Virgin Islands, or any 8
territory or insular possession subject to the jurisdiction of the 9
United States. 10
(8) "Uniformed service" means: 11
(a) Active and reserve components of the army, navy, air force, 12
marine corps, coast guard, or space force of the United States;13
(b) The merchant marine, the commissioned corps of the public 14
health service, or the commissioned corps of the national oceanic and 15
atmospheric administration of the United States; or16
(c) The national guard and state militia. 17
(9) "Uniformed-service voter" means an individual who is 18
qualified to vote and is: 19
(a) A member of the active or reserve components of the army, 20
navy, air force, marine corps, coast guard, or space force of the 21
United States who is on active duty, including students or faculty 22
members at a United States military academy; 23
(b) A member of the merchant marine, the commissioned corps of 24
the public health service, or the commissioned corps of the national 25
oceanic and atmospheric administration of the United States;26
(c) A member on activated status of the national guard or state 27
militia; or 28
(d) A spouse or dependent of a member referred to in this 29
subsection, and, by reason of the active duty or service of the 30
member, is absent from the place of residence where the spouse or 31
dependent is otherwise qualified to vote. 32
(10) "United States," used in the territorial sense, means the 33
several states, the District of Columbia, Puerto Rico, the United 34
States Virgin Islands, and any territory or insular possession 35
subject to the jurisdiction of the United States. 36
NEW SECTION. Sec. 103. ELECTIONS COVERED. The voting procedures 37
in this chapter apply to:38
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(1) A general, special, presidential primary, or election for 1
federal office; 2
(2) A general, special, recall, or primary election for statewide 3
or state legislative office or state ballot measure; and4
(3) A general, special, recall, or primary election for local 5
government office or local ballot measure conducted under this title.6
NEW SECTION. Sec. 104. ROLE OF SECRETARY OF STATE. (1) The 7
secretary of state, working cooperatively with county auditors, is 8
the state official responsible for implementing this act and the 9
state's responsibilities under the uniformed and overseas citizens 10
absentee voting act, 52 U.S.C. Sec. 20301 et seq.11
(2) The secretary of state shall make available to covered voters 12
information regarding voter registration procedures for covered 13
voters and procedures for casting military-overseas ballots. The 14
secretary of state may delegate the responsibility under this 15
subsection for voter registration and ballot production and 16
processing only to county auditor offices. 17
(3) The secretary of state shall establish an electronic 18
transmission system through which a covered voter may apply for and 19
receive voter registration materials, military-overseas ballots, and 20
other information under this chapter. 21
(4) The secretary of state shall: 22
(a) Develop standardized absentee-voting materials, including 23
privacy and transmission envelopes and their electronic equivalents, 24
authentication materials, and voting instructions, for use with a 25
military-overseas ballot of a voter authorized to vote in any 26
jurisdiction in this state; and 27
(b) To the extent reasonably possible, coordinate with county 28
auditors and other states to carry out this subsection.29
(5) The secretary of state shall prescribe the form and content 30
of a declaration for use by a covered voter to swear or affirm 31
specific representations pertaining to the voter's identity, 32
eligibility to vote, status as a covered voter, and timely and proper 33
completion of an overseas-military ballot. The declaration must be 34
based on the declaration prescribed to accompany a federal write-in 35
absentee ballot, as modified to be consistent with this chapter. The 36
secretary of state shall ensure that a form for the execution of the 37
declaration, including an indication of the date of execution of the 38
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declaration, is a prominent part of all balloting materials for which 1
the declaration is required. 2
NEW SECTION. Sec. 105. OVERSEAS VOTER'S REGISTRATION ADDRESS. 3
In registering to vote, a covered voter who is eligible to vote in 4
this state shall use and must be assigned to the voting precinct 5
associated with the address of the last place of residence of the 6
voter in this state, or, in the case of a voter described by section 7
102(1)(e) of this act, the address of the last place of residence in 8
this state of the parent, legal guardian, or family member of the 9
voter.10
NEW SECTION. Sec. 106. METHODS OF REGISTERING TO VOTE. (1) To 11
apply to register to vote, in addition to any other approved method, 12
a covered voter may use a federal postcard application, or the 13
application's electronic equivalent.14
(2) A covered voter may use the declaration accompanying a 15
federal write-in absentee ballot or Washington state ballot to apply 16
to register to vote simultaneously with the submission of the federal 17
write-in absentee ballot, if the declaration is received by 8:00 p.m. 18
election day. If the declaration is received after that date and 19
time, it must be treated as an application to register to vote for 20
subsequent elections. 21
(3) The secretary of state shall ensure that the electronic 22
transmission system described in section 104 (3) of this act is 23
capable of accepting both a federal postcard application and any 24
other approved electronic registration application sent to the 25
appropriate election official. A covered voter may use the electronic 26
transmission system or any other approved method to register to vote.27
NEW SECTION. Sec. 107. METHODS OF APPLYING FOR MILITARY-28
OVERSEAS BALLOT. (1) To receive the benefits of this chapter, a 29
covered voter must inform the appropriate election official that the 30
voter is a covered voter. Methods of informing the appropriate 31
election official that a voter is a covered voter include, but are 32
not limited to:33
(a) The use of a federal postcard application or federal write-in 34
absentee ballot; 35
(b) The use of an overseas mailing address on an approved voter 36
registration application; 37
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(c) The use of a check box or other indication on an approved 1
voter registration application indicating that the voter is an 2
overseas voter or uniformed-service voter; and 3
(d) The inclusion on an approved voter registration application 4
or communication with a county auditor of other information 5
sufficient to identify the voter as a covered voter.6
(2) This chapter does not preclude a covered voter from voting 7
under standard vote by mail law as defined in this title.8
NEW SECTION. Sec. 108. TIMELINESS AND SCOPE OF APPLICATION FOR 9
MILITARY-OVERSEAS BALLOT. An application for a UOCAVA ballot is 10
timely if received by election day. An application for a UOCAVA 11
ballot for a primary election, whether or not timely, is effective as 12
an application for a UOCAVA ballot for the general election. The 13
auditor shall send the mail ballot as soon as practicable after the 14
application arrives. If a voter registration application is received 15
within 20 days prior to an election and the covered voter has 16
provided an email address, a notification should be immediately 17
provided on how to obtain a ballot by email or online in the event 18
that the voter does not receive it by election day.19
NEW SECTION. Sec. 109. TRANSMISSION OF UNVOTED BALLOTS. (1) The 20
county auditor must mail UOCAVA ballots to each service and overseas 21
voter at least 30 days before each special election, and at least 45 22
days before each primary or general election, presidential primary, 23
or any special election that involves a federal office. A request for 24
a ballot made by an overseas or service voter after that day must be 25
processed immediately.26
(2) Covered voters may request that their ballots and balloting 27
materials for each election be sent to them by electronic 28
transmission instead of by mail. A covered voter who requests that a 29
ballot and balloting materials be sent to the voter by electronic 30
transmission may choose facsimile transmission or email delivery, or, 31
if offered by the voter's jurisdiction, internet delivery. The 32
auditor shall transmit the ballot to the voter using the means of 33
transmission chosen by the voter. 34
(3) If a ballot application from a covered voter arrives after 35
the jurisdiction begins transmitting ballots to voters, the auditor 36
shall transmit a ballot as soon as practicable. 37
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(4) Failure to mail ballots as prescribed in this section does 1
not by itself provide a basis for an election contest or other legal 2
challenge to the results of a primary, general election, or special 3
election. 4
NEW SECTION. Sec. 110. TIMELY CASTING OF BALLOT. To be valid, a 5
voted UOCAVA ballot must be received by the appropriate county 6
auditor not later than the day prior to the county certification of 7
election results for that election, and the voter must have submitted 8
the ballot for mailing, or other authorized means of delivery not 9
later than 8:00 p.m. the date of the election.10
NEW SECTION. Sec. 111. FEDERAL WRITE-IN ABSENTEE BALLOT. A 11
covered voter may use a federal write-in absentee ballot to vote for 12
all offices and ballot measures in an election described in RCW 13
29A.04.210.14
NEW SECTION. Sec. 112. RECEIPT OF VOTED BALLOT. (1) A valid 15
UOCAVA ballot cast in accordance with section 110 of this act must be 16
counted if it is delivered by the end of business on the day before 17
the deadline for certification of the election under RCW 29A.60.190 18
to the county auditor.19
(2) If, at the time of completing a UOCAVA ballot, the voter has 20
signed and dated the ballot declaration under penalty of perjury that 21
the ballot was timely submitted, the ballot may not be rejected on 22
the basis that it has a late postmark, an unreadable postmark, or no 23
postmark. 24
NEW SECTION. Sec. 113. CONFIRMATION OF RECEIPT OF APPLICATION 25
AND VOTED BALLOT. The secretary of state, in coordination with county 26
auditors, shall implement an electronic free-access system by which a 27
covered voter may determine by telephone, email, or internet whether:28
(1) The voter's federal postcard application or other 29
registration or military-overseas ballot application has been 30
received and accepted; and 31
(2) The voter's military-overseas ballot has been received and 32
the current status of the ballot. 33
NEW SECTION. Sec. 114. USE OF VOTER'S ELECTRONIC-MAIL ADDRESS. 34
(1) The county auditor shall request an email address from each 35
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covered voter who registers to vote. An email address provided by a 1
covered voter may not be made available to the public or any 2
individual or organization other than an authorized agent of the 3
county auditor and is exempt from inspection and copying under 4
chapter 42.56 RCW. The address may be used only for official 5
communication with the voter about the voting process, including 6
transmitting military-overseas ballots and election materials if the 7
voter has requested electronic transmission, and verifying the 8
voter's mailing address and physical location. The request for an 9
email address must describe the purposes for which the email address 10
may be used and include a statement that any other use or disclosure 11
of the email address is prohibited. 12
(2) A covered voter who provides an email address may make a 13
standing request for electronic delivery of a ballot for all 14
elections held in which the voter is eligible to vote while the voter 15
is registered as an overseas or uniformed-service voter. A county 16
auditor shall provide a military-overseas ballot by electronic 17
delivery to a voter who makes a standing request for each election to 18
which the request is applicable. 19
NEW SECTION. Sec. 115. RETURN OF VOTED BALLOTS. (1) UOCAVA 20
voters may return voted ballots using fax or email.21
(2) UOCAVA voters must be provided with instructions and a 22
privacy sheet for returning the ballot and signed declaration by fax 23
or email. Return envelopes for UOCAVA ballots must enable the ballot 24
to be returned postage free if mailed through the United States 25
postal service, United States armed forces postal service, or the 26
postal service of a United States foreign embassy under 39 U.S.C. 27
Sec. 3406. 28
(3) A voted UOCAVA ballot and signed declaration returned by fax 29
or email must be received by 8:00 p.m. Pacific Time on the day of the 30
primary or election. 31
(4) The county auditor must establish procedures to maintain the 32
secrecy of the ballot for any UOCAVA ballot returned using fax or 33
email. 34
(5) The use of fax, email, or electronic portal is limited to 35
only UOCAVA voters that meet the requirements of section 102 of this 36
act. 37
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NEW SECTION. Sec. 116. CREATION OF A LIST OF KNOWN CANDIDATES 1
AND ISSUES REFERRED TO THE BALLOT. (1) At least 90 days before a 2
regularly scheduled election and as soon as practicable before a 3
special election, the county auditor shall prepare a list of known 4
candidates and issues referred to the ballot for that jurisdiction, 5
to be used in conjunction with a federal write-in absentee ballot. 6
The list must contain all the ballot measures and federal, state, and 7
local offices that as of that date the official expects to be on the 8
ballot on the date of the election. This list must be accompanied by 9
specific instructions for how a voter is to indicate on the federal 10
write-in absentee ballot the voter's choice for each office to be 11
filled and for each ballot measure to be contested.12
(2) A covered voter may request a copy of this list and 13
instructions. The official charged with preparing the list shall send 14
it to the voter by facsimile, email, or regular mail, as the voter 15
requests. 16
(3) As soon as candidates are certified for the ballot, and not 17
later than the date ballots are required to be transmitted to voters 18
under RCW 29A.40.070, the official charged with preparing the list 19
under subsection (1) of this section shall update it with the 20
certified candidates for each office and ballot measure questions and 21
make the updated list publicly available. 22
(4) The county auditor shall make the list prepared under 23
subsection (1) of this section and updated versions of the list 24
regularly available on the auditor's website. 25
NEW SECTION. Sec. 117. PROHIBITION OF NONSUBSTANTIVE 26
REQUIREMENTS. (1) If a voter's mistake or omission in the completion 27
of a document under this chapter does not prevent determining whether 28
a covered voter is eligible to vote, the mistake or omission does not 29
invalidate the document. Failure to satisfy a nonsubstantive 30
requirement, such as using paper or envelopes of a specified size or 31
weight, does not invalidate a document submitted under this chapter. 32
In a write-in ballot authorized by this chapter, if the intention of 33
the voter is discernible under the statewide standard uniform 34
definition of what constitutes a vote published by the secretary of 35
state, an abbreviation, misspelling, or other minor variation in the 36
form of the name of a candidate or a political party must be accepted 37
as a valid vote.38
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(2) The declaration and any information in the declaration may be 1
compared with information on file to ascertain the validity of the 2
document. 3
(3) Notarization is not required for the execution of a document 4
under this chapter. 5
NEW SECTION. Sec. 118. EQUITABLE RELIEF. A court may issue an 6
injunction or grant other equitable relief appropriate to ensure 7
substantial compliance with, or enforce, this chapter on application 8
by:9
(1) A covered voter alleging a grievance under this chapter; or10
(2) An election official in this state. 11
NEW SECTION. Sec. 119. UNIFORMITY OF APPLICATION AND 12
CONSTRUCTION. In applying and construing this uniform act, 13
consideration must be given to the need to promote uniformity of the 14
law with respect to its subject matter among states that enact it.15
NEW SECTION. Sec. 120. RELATION TO ELECTRONIC SIGNATURES IN 16
GLOBAL AND NATIONAL COMMERCE ACT. This chapter modifies, limits, and 17
supersedes the electronic signatures in global and national commerce 18
act, 15 U.S.C. Sec. 7001 et seq., but does not modify, limit, or 19
supersede section 101 (c) of that act, 15 U.S.C. Sec. 7001 (c), or 20
authorize electronic delivery of any of the notices described in 21
section 103(b) of that act, 15 U.S.C. Sec. 7003(b).22
NEW SECTION. Sec. 121. Sections 101 through 120 of this act 23
constitute a new chapter in Title 29A RCW.24
PART II25
CONFORMING AMENDMENTS26
NEW SECTION. Sec. 201. A new section is added to chapter 29A.04 27
RCW to read as follows: 28
"Special absentee ballot" means a ballot, which may be a write-in 29
ballot, available 90 days prior to an election for voters unable to 30
vote and return a regular ballot by normal delivery within the period 31
provided for regular ballots. The ballot must conform with the list 32
of known candidates and issues referred to the ballot created as 33
required in section 116 of this act. 34
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NEW SECTION. Sec. 202. A new section is added to chapter 29A.04 1
RCW to read as follows: 2
"UOCAVA ballot" means the ballot sent to an overseas or service 3
voter in compliance with the federal uniformed and overseas citizens 4
absentee voting act and chapter 29A.--- RCW (the new chapter created 5
in section 121 of this act). 6
Sec. 203. RCW 29A.04.109 and 2009 c 369 s 2 are each amended to 7
read as follows: 8
"Overseas voter" means any elector of the state of Washington 9
outside the territorial limits of the United States or as defined in 10
section 102 of this act. 11
Sec. 204. RCW 29A.04.151 and 2003 c 111 s 126 are each amended 12
to read as follows: 13
"Residence" for the purpose of registering and voting means a 14
person's permanent address where he or she physically resides and 15
maintains his or her abode. However((, no)):16
(1) No person ((gains residence by reason of his or her presence 17
or)) loses ((his or her )) residence by reason of ((his or her )) 18
absence: 19
(((1))) (a) While employed in the civil or military service of 20
the state or of the United States; 21
(((2))) (b) While engaged in the navigation of the waters of this 22
state or the United States or the high seas; or23
(((3))) (c) While a student at any institution of learning((;24
(4) While confined)).25
(2) No person gains residence while serving a sentence in total 26
confinement in any public prison. 27
Absence from the state on business shall not affect the question 28
of residence of any person unless the right to vote has been claimed 29
or exercised elsewhere. 30
Sec. 205. RCW 29A.04.163 and 2009 c 369 s 3 are each amended to 31
read as follows: 32
"Service voter" means ((any)):33
(1) Any elector of the state of Washington who is a member of the 34
armed forces under 42 U.S.C. Sec. 1973 ff-6 while in active service, 35
is a member of a reserve component of the armed forces, is a student 36
or member of the faculty at a United States military academy, is a 37
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member of the merchant marine of the United States, or is a member of 1
a religious group or welfare agency officially attached to and 2
serving with the armed forces of the United States; or3
(2) A uniformed-service voter as defined in section 102 of this 4
act. 5
Sec. 206. RCW 29A.04.210 and 2009 c 369 s 4 are each amended to 6
read as follows: 7
((Except for service and overseas voters, only persons )) Persons 8
registered to vote shall be permitted to vote: 9
(1) At any election held for the purpose of electing persons to 10
public office; 11
(2) At any recall election of a public officer;12
(3) At any election held for the submission of a measure to any 13
voting constituency; 14
(4) At any primary election. 15
This section does not apply to elections where being registered 16
to vote is not a prerequisite to voting. 17
Sec. 207. RCW 29A.08.107 and 2009 c 369 s 9 are each amended to 18
read as follows: 19
(1) If the driver's license number, state identification card 20
number, or last four digits of the social security number provided by 21
the applicant match the information maintained by the Washington 22
department of licensing or the social security administration, and 23
the applicant provided all information required by RCW 29A.08.010, 24
the applicant must be registered to vote. 25
(2) If the driver's license number, state identification card 26
number, or last four digits of the social security number provided by 27
the applicant do not match the information maintained by the 28
Washington department of licensing or the social security 29
administration, or if the applicant does not provide a Washington 30
driver's license, a Washington state identification card, or a social 31
security number, the applicant must be provisionally registered to 32
vote. An identification notice must be sent to the voter to obtain 33
the correct driver's license number, state identification card 34
number, last four digits of the social security number, or one of the 35
following forms of alternate identification: 36
(a) Valid photo identification; 37
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(b) A valid enrollment card of a federally recognized Indian 1
tribe in Washington state; 2
(c) A copy of a current utility bill; 3
(d) A current bank statement; 4
(e) A copy of a current government check; 5
(f) A copy of a current paycheck; ((or))6
(g) A government document, other than a voter registration card, 7
that shows both the name and address of the voter; or8
(h) Proof of eligibility under the federal uniformed and overseas 9
citizens absentee voting act. 10
(3) The ballot of a provisionally registered voter may not be 11
counted until the voter provides a driver's license number, a state 12
identification card number, or the last four digits of a social 13
security number that matches the information maintained by the 14
Washington department of licensing or the social security 15
administration, or until the voter provides alternate identification. 16
The identification must be provided no later than the day before 17
certification of the primary or election. If the voter provides one 18
of the forms of identification in subsection (2) of this section, the 19
voter's registration status must be changed from provisionally 20
registered to active registered voter status. 21
(4) A provisional registration must remain on the official list 22
of registered voters through at least two general elections for 23
federal office. If, after two general elections for federal office, 24
the voter still has not verified his or her identity, the provisional 25
registration may be canceled. 26
(5) The requirements of this section do not apply to ((an 27
overseas or service voter who registers to vote by signing the return 28
envelope of an absentee ballot, or to )) a registered voter 29
((transferring his or her )) updating information on their voter 30
registration record. 31
Sec. 208. RCW 29A.40.050 and 2011 c 10 s 37 are each amended to 32
read as follows: 33
(1)(a) County auditors shall provide special absentee ballots to 34
be used for state primary or state general elections. An auditor 35
shall provide a special absentee ballot only to a registered voter 36
who completes an application stating that she or he will be unable to 37
vote and return a regular ballot by normal mail delivery within the 38
period provided for regular ballots. 39
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(b) A special absentee ballot may not be requested more than 1
((ninety)) 90 days before the applicable state primary or general 2
election. The special absentee ballot will list the offices and 3
measures, if known, scheduled to appear on the state primary or 4
general election ballot. The voter may use the special absentee 5
ballot to write in the name of any eligible candidate for each office 6
and vote on any measure. 7
(2) The county auditor shall include a listing of any candidates 8
who have filed before the time of the application for offices that 9
will appear on the ballot at that primary or election and a list of 10
any issues that have been referred to the ballot before the time of 11
the application. 12
(3) Write-in votes on special absentee ballots must be counted in 13
the same manner provided by law for the counting of other write-in 14
votes. The county auditor shall process and canvass the special 15
absentee ballots provided under this section in the same manner as 16
other ballots under this chapter and chapter 29A.60 RCW.17
(4) A voter who requests a special absentee ballot under this 18
section may also request a regular ballot. If the regular absentee 19
ballot is properly voted and returned, the special absentee ballot is 20
void, and the county auditor shall reject it in whole when special 21
absentee ballots are canvassed. 22
Sec. 209. RCW 29A.40.070 and 2013 c 11 s 48 are each amended to 23
read as follows: 24
(1) Except where a recount or litigation is pending, the county 25
auditor must mail ballots to each voter at least eighteen days before 26
each primary or election, and as soon as possible for all subsequent 27
registration changes. 28
(2) ((Except where a recount or litigation is pending, the county 29
auditor must mail ballots to each service and overseas voter at least 30
thirty days before each special election, and at least forty -five 31
days before each primary or general election, or any special election 32
that involves federal office. A request for a ballot made by an 33
overseas or service voter after that day must be processed 34
immediately.35
(3))) A registered voter may obtain a replacement ballot if the 36
ballot is destroyed, spoiled, lost, or not received by the voter. The 37
voter may obtain the ballot by telephone request, by mail, 38
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electronically, or in person. The county auditor shall keep a record 1
of each request for a replacement ballot. 2
(((4))) (3) Each county auditor shall certify to the office of 3
the secretary of state the dates the ballots were mailed, or the 4
reason and date the ballots will be mailed if the ballots were not 5
mailed timely. 6
(((5))) (4) Failure to mail ballots as prescribed in this section 7
does not by itself provide a basis for an election contest or other 8
legal challenge to the results of a primary, general election, or 9
special election. 10
Sec. 210. RCW 29A.40.091 and 2024 c 269 s 7 are each amended to 11
read as follows: 12
(1) The county auditor shall send each voter a ballot, a security 13
envelope in which to conceal the ballot after voting, a larger 14
envelope in which to return the security envelope, a declaration that 15
the voter must sign, and instructions on how to obtain information 16
about the election, how to mark the ballot, and how to return the 17
ballot to the county auditor. The calendar date of the election must 18
be prominently displayed in bold type, twenty-point font or larger, 19
on the envelope sent to the voter containing the ballot and other 20
materials listed in this subsection. 21
(2) The voter must swear under penalty of perjury that he or she 22
meets the qualifications to vote, and has not voted in any other 23
jurisdiction at this election. The declaration must clearly inform 24
the voter that it is illegal to vote if he or she is not a United 25
States citizen; it is illegal to vote if he or she is serving a 26
sentence of total confinement under the jurisdiction of the 27
department of corrections for a felony conviction or is currently 28
incarcerated for a federal or out-of-state felony conviction; it is 29
illegal to cast a ballot or sign a ballot declaration on behalf of 30
another voter; and that the signature on the declaration will be 31
compared to the signature in the voter's registration file. The 32
ballot materials must provide space for the voter to sign the 33
declaration, indicate the date on which the ballot was voted, and 34
include a telephone number. 35
(3) ((For overseas and service voters, the signed declaration 36
constitutes the equivalent of a voter registration. Return envelopes 37
for overseas and service voters must enable the ballot to be returned 38
postage free if mailed through the United States postal service, 39
p. 15 HB 2206
United States armed forces postal service, or the postal service of a 1
United States foreign embassy under 39 U.S.C. 3406.2
(4))) The voter must be instructed to either return the ballot to 3
the county auditor no later than 8:00 p.m. the day of the election or 4
primary, or mail the ballot to the county auditor with a postmark no 5
later than the day of the election or primary. Return envelopes for 6
all election ballots must include prepaid postage. ((Service and 7
overseas voters must be provided with instructions and a privacy 8
sheet for returning the ballot and signed declaration by fax or 9
email. A voted ballot and signed declaration returned by fax or email 10
must be received by 8:00 p.m. on the day of the election or primary.11
(5))) (4) The county auditor's name may not appear on the 12
security envelope, the return envelope, or on any voting instructions 13
or materials included with the ballot if he or she is a candidate for 14
office during the same year. 15
(((6))) (5) For purposes of this section, "prepaid postage" means 16
any method of return postage paid by the county or state.17
Sec. 211. RCW 29A.40.110 and 2024 c 269 s 8 and 2024 c 138 s 2 18
are each reenacted and amended to read as follows:19
(1) The opening and subsequent processing of return envelopes for 20
any primary or election may begin upon receipt. The tabulation of 21
absentee ballots must not commence until after 8:00 p.m. on the day 22
of the primary or election. 23
(2) All received return envelopes must be placed in secure 24
locations from the time of delivery to the county auditor until their 25
subsequent opening. After opening the return envelopes, the county 26
canvassing board shall place all ((of)) the ballots in secure storage 27
until processing. Ballots may be taken from the inner envelopes and 28
all the normal procedural steps may be performed to prepare these 29
ballots for tabulation. 30
(3) The canvassing board, or its designated representatives, 31
shall examine the postmark on the return envelope and signature on 32
the declaration before processing the ballot. The ballot must either 33
be received no later than 8:00 p.m. on the day of the primary or 34
election, or must be postmarked no later than the day of the primary 35
or election. 36
(4) All personnel assigned to verify signatures must receive 37
training on statewide standards for signature verification. The 38
county auditor shall publish on its website the names of all 39
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canvassing board members who received training on statewide standards 1
for signature verification and the dates on which the training was 2
completed. 3
(5) Personnel shall verify that the voter's signature on the 4
ballot declaration is the same as the signature of that voter in the 5
registration files of the county. Verification may be conducted by an 6
automated verification system approved by the secretary of state. A 7
variation between the signature of the voter on the ballot 8
declaration and the signature of that voter in the registration files 9
due to the substitution of initials or the use of common nicknames is 10
permitted so long as the surname and handwriting are clearly the 11
same. 12
(6) A county that is participating in the alternative 13
verification options pilot project under RCW 29A.40.111 may also 14
verify a voter's ballot using an alternative verification method 15
approved by the office of the secretary of state. 16
(((4))) (7) If the postmark is missing or illegible, the date on 17
the ballot declaration to which the voter has attested determines the 18
validity, as to the time of voting, for that ballot. For overseas 19
voters and service voters, the date on the declaration to which the 20
voter has attested determines the validity, as to the time of voting, 21
for that ballot. ((Any overseas voter or service voter may return the 22
signed declaration and voted ballot by fax or email by 8:00 p.m. on 23
the day of the primary or election, and the county auditor must use 24
established procedures to maintain the secrecy of the ballot.))25
Sec. 212. RCW 29A.40.110 and 2024 c 269 s 8 are each amended to 26
read as follows: 27
(1) The opening and subsequent processing of return envelopes for 28
any primary or election may begin upon receipt. The tabulation of 29
absentee ballots must not commence until after 8:00 p.m. on the day 30
of the primary or election. 31
(2) All received return envelopes must be placed in secure 32
locations from the time of delivery to the county auditor until their 33
subsequent opening. After opening the return envelopes, the county 34
canvassing board shall place all ((of)) the ballots in secure storage 35
until processing. Ballots may be taken from the inner envelopes and 36
all the normal procedural steps may be performed to prepare these 37
ballots for tabulation. 38
p. 17 HB 2206
(3) The canvassing board, or its designated representatives, 1
shall examine the postmark on the return envelope and signature on 2
the declaration before processing the ballot. The ballot must either 3
be received no later than 8:00 p.m. on the day of the primary or 4
election, or must be postmarked no later than the day of the primary 5
or election. 6
(4) All personnel assigned to verify signatures must receive 7
training on statewide standards for signature verification. The 8
county auditor shall publish on its website the names of all 9
canvassing board members who received training on statewide standards 10
for signature verification and the dates on which the training was 11
completed. 12
(5) Personnel shall verify that the voter's signature on the 13
ballot declaration is the same as the signature of that voter in the 14
registration files of the county. Verification may be conducted by an 15
automated verification system approved by the secretary of state. A 16
variation between the signature of the voter on the ballot 17
declaration and the signature of that voter in the registration files 18
due to the substitution of initials or the use of common nicknames is 19
permitted so long as the surname and handwriting are clearly the 20
same. 21
(((4))) (6) If the postmark is missing or illegible, the date on 22
the ballot declaration to which the voter has attested determines the 23
validity, as to the time of voting, for that ballot. For overseas 24
voters and service voters, the date on the declaration to which the 25
voter has attested determines the validity, as to the time of voting, 26
for that ballot. ((Any overseas voter or service voter may return the 27
signed declaration and voted ballot by fax or email by 8:00 p.m. on 28
the day of the primary or election, and the county auditor must use 29
established procedures to maintain the secrecy of the ballot.))30
NEW SECTION. Sec. 213. Section 211 of this act expires January 31
1, 2029.32
NEW SECTION. Sec. 214. Section 212 of this act takes effect 33
January 1, 2029.34
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