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-0014.8
SENATE BILL 5017
State of Washington 69th Legislature 2025 Regular Session
By Senators Nobles, Dhingra, Liias, Pedersen, Saldaña, Trudeau, and
Wellman; by request of Secretary of State and Uniform Law Commission
Prefiled 12/09/24. Read first time 01/13/25. Referred to Committee
on State Government, Tribal Affairs & Elections.
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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 in compliance with section 17
102(b)(1) of the uniformed and overseas citizens absentee voting act, 18
52 U.S.C. Sec. 20302(b)(1). 19
(3) The secretary of state shall establish an electronic 20
transmission system through which a covered voter may apply for and 21
receive voter registration materials, military-overseas ballots, and 22
other information under this chapter. 23
(4) The secretary of state shall: 24
(a) Develop standardized absentee-voting materials, including 25
privacy and transmission envelopes and their electronic equivalents, 26
authentication materials, and voting instructions, for use with a 27
military-overseas ballot of a voter authorized to vote in any 28
jurisdiction in this state; and 29
(b) To the extent reasonably possible, coordinate with county 30
auditors and other states to carry out this subsection.31
(5) The secretary of state shall prescribe the form and content 32
of a declaration for use by a covered voter to swear or affirm 33
specific representations pertaining to the voter's identity, 34
eligibility to vote, status as a covered voter, and timely and proper 35
completion of an overseas-military ballot. The declaration must be 36
based on the declaration prescribed to accompany a federal write-in 37
absentee ballot, as modified to be consistent with this chapter. The 38
secretary of state shall ensure that a form for the execution of the 39
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declaration, including an indication of the date of execution of the 1
declaration, is a prominent part of all balloting materials for which 2
the declaration is required. 3
NEW SECTION. Sec. 105. OVERSEAS VOTER'S REGISTRATION ADDRESS. 4
In registering to vote, a covered voter who is eligible to vote in 5
this state shall use and must be assigned to the voting precinct 6
associated with the address of the last place of residence of the 7
voter in this state, or, in the case of a voter described by section 8
102(1)(e) of this act, the address of the last place of residence in 9
this state of the parent, legal guardian, or family member of the 10
voter.11
NEW SECTION. Sec. 106. METHODS OF REGISTERING TO VOTE. (1) To 12
apply to register to vote, in addition to any other approved method, 13
a covered voter may use a federal postcard application, or the 14
application's electronic equivalent.15
(2) A covered voter may use the declaration accompanying a 16
federal write-in absentee ballot to apply to register to vote 17
simultaneously with the submission of the federal write-in absentee 18
ballot, if the declaration is received by 8:00 p.m. election day. If 19
the declaration is received after that date and time, it must be 20
treated as an application to register to vote for subsequent 21
elections. 22
(3) The secretary of state shall ensure that the electronic 23
transmission system described in section 104 (3) of this act is 24
capable of accepting both a federal postcard application and any 25
other approved electronic registration application sent to the 26
appropriate election official. A covered voter may use the electronic 27
transmission system or any other approved method to register to vote.28
NEW SECTION. Sec. 107. METHODS OF APPLYING FOR MILITARY-29
OVERSEAS BALLOT. (1) A covered voter who is registered to vote in 30
this state may apply for a military-overseas ballot using either the 31
regular Washington state voting system as defined in this title or 32
the federal postcard application or the application's electronic 33
equivalent.34
(2) A covered voter who is not registered to vote in Washington 35
state may use a federal postcard application or the application's 36
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electronic equivalent to apply simultaneously to register to vote 1
under section 105 of this act and for a military-overseas ballot.2
(3) The secretary of state shall ensure that the electronic 3
transmission system described in section 104 (3) of this act is 4
capable of accepting the submission of both a federal postcard 5
application and any other approved electronic military-overseas 6
ballot application sent to the appropriate election official. The 7
voter may use the electronic transmission system or any other 8
approved method to apply for a military-overseas ballot.9
(4) A covered voter may use the declaration accompanying a 10
federal write-in absentee ballot as an application for a UOCAVA 11
ballot simultaneously with the submission of the federal write-in 12
absentee ballot, if the declaration is received by the appropriate 13
election official by one day prior to that election.14
(5) To receive the benefits of this chapter, a covered voter must 15
inform the appropriate election official that the voter is a covered 16
voter. Methods of informing the appropriate election official that a 17
voter is a covered voter include: 18
(a) The use of a federal postcard application or federal write-in 19
absentee ballot; 20
(b) The use of an overseas mailing address on an approved voter 21
registration application or ballot application; and22
(c) The inclusion on an approved voter registration application 23
or ballot application of other information sufficient to identify the 24
voter as a covered voter. 25
(6) This chapter does not preclude a covered voter from voting 26
under standard vote by mail law as defined in this title.27
NEW SECTION. Sec. 108. TIMELINESS AND SCOPE OF APPLICATION FOR 28
MILITARY-OVERSEAS BALLOT. An application for a UOCAVA ballot is 29
timely if received by election day. An application for a UOCAVA 30
ballot for a primary election, whether or not timely, is effective as 31
an application for a UOCAVA ballot for the general election. The 32
auditor shall send the mail ballot not later than two business days 33
after the application arrives. If a voter registration application is 34
received within 20 days prior to an election and the covered voter 35
has provided an email address, a notification should be immediately 36
provided on how to obtain a ballot by email or online in the event 37
that the voter does not receive it by election day.38
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NEW SECTION. Sec. 109. TRANSMISSION OF UNVOTED BALLOTS. (1) The 1
county auditor must mail UOCAVA ballots to each service and overseas 2
voter at least 30 days before each special election, and at least 45 3
days before each primary or general election, presidential primary, 4
or any special election that involves a federal office. A request for 5
a ballot made by an overseas or service voter after that day must be 6
processed immediately.7
(2) Covered voters may request that their ballots and balloting 8
materials for each election be sent to them by electronic 9
transmission instead of by mail. A covered voter who requests that a 10
ballot and balloting materials be sent to the voter by electronic 11
transmission may choose facsimile transmission or email delivery, or, 12
if offered by the voter's jurisdiction, internet delivery. The 13
auditor shall transmit the ballot to the voter using the means of 14
transmission chosen by the voter. 15
(3) If a ballot application from a covered voter arrives after 16
the jurisdiction begins transmitting ballots to voters, the auditor 17
shall transmit them to the voter not later than two business days 18
after the application arrives. 19
(4) Failure to mail ballots as prescribed in this section does 20
not by itself provide a basis for an election contest or other legal 21
challenge to the results of a primary, general election, or special 22
election. 23
NEW SECTION. Sec. 110. TIMELY CASTING OF BALLOT. To be valid, a 24
voted UOCAVA ballot must be received by the appropriate county 25
auditor not later than the day prior to the county certification of 26
election results for that election, and the voter must have submitted 27
the ballot for mailing, or other authorized means of delivery not 28
later than 8:00 p.m. the date of the election.29
NEW SECTION. Sec. 111. FEDERAL WRITE-IN ABSENTEE BALLOT. A 30
covered voter may use a federal write-in absentee ballot to vote for 31
all offices and ballot measures in an election described in RCW 32
29A.04.210.33
NEW SECTION. Sec. 112. RECEIPT OF VOTED BALLOT. (1) A valid 34
UOCAVA ballot cast in accordance with section 110 of this act must be 35
counted if it is delivered by the end of business on the day before 36
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the deadline for certification of the election under RCW 29A.60.190 1
to the county auditor. 2
(2) If, at the time of completing a UOCAVA ballot, the voter has 3
signed and dated the ballot declaration under penalty of perjury that 4
the ballot was timely submitted, the ballot may not be rejected on 5
the basis that it has a late postmark, an unreadable postmark, or no 6
postmark. 7
NEW SECTION. Sec. 113. CONFIRMATION OF RECEIPT OF APPLICATION 8
AND VOTED BALLOT. The secretary of state, in coordination with county 9
auditors, shall implement an electronic free-access system by which a 10
covered voter may determine by telephone, email, or internet whether:11
(1) The voter's federal postcard application or other 12
registration or military-overseas ballot application has been 13
received and accepted; and 14
(2) The voter's military-overseas ballot has been received and 15
the current status of the ballot. 16
NEW SECTION. Sec. 114. USE OF VOTER'S ELECTRONIC-MAIL ADDRESS. 17
(1) The county auditor shall request an email address from each 18
covered voter who registers to vote. An email address provided by a 19
covered voter may not be made available to the public or any 20
individual or organization other than an authorized agent of the 21
county auditor and is exempt from inspection and copying under 22
chapter 42.56 RCW. The address may be used only for official 23
communication with the voter about the voting process, including 24
transmitting military-overseas ballots and election materials if the 25
voter has requested electronic transmission, and verifying the 26
voter's mailing address and physical location. The request for an 27
email address must describe the purposes for which the email address 28
may be used and include a statement that any other use or disclosure 29
of the email address is prohibited.30
(2) A covered voter who provides an email address may make a 31
standing request for electronic delivery of a ballot for all 32
elections held in which the voter is eligible to vote while the voter 33
is registered as an overseas or uniformed-service voter. A county 34
auditor shall provide a military-overseas ballot by electronic 35
delivery to a voter who makes a standing request for each election to 36
which the request is applicable. 37
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NEW SECTION. Sec. 115. BALLOT RETURN PORTAL. (1) The secretary 1
of state shall explore options for an electronic ballot portal to be 2
available for UOCAVA voters that are not able to access standard mail 3
return of voted ballots.4
(2) Only UOCAVA voters shall be permitted to use an approved 5
portal to return voted ballots. 6
(3) The secretary of state may approve a portal for use by county 7
election offices and UOCAVA voters in returning voted ballots, any 8
approved portal must be renewed annually and may be removed as 9
circumstances require. 10
(a) The secretary of state must work to develop and test 11
electronic methods of ballot return for UOCAVA voters that are secure 12
against electronic monitoring and incursion or interference, provides 13
the maximum level of voter secrecy and privacy available, and ensures 14
that only a single vote is cast by any UOCAVA voter.15
(b) The secretary of state may establish rules governing the use 16
of any approved portal that include times of availability, storage of 17
ballots, and establishing the circumstance in which a UOCAVA voter 18
may use the portal to return a voted ballot. 19
(c) The secretary of state may establish reasonable rules related 20
to the standards and procedures for the examination and testing of 21
any portal to be used by UOCAVA voters. 22
(d) Each county election office using an approved portal for the 23
return of voted UOCAVA ballots must keep record of every attempt at 24
ballot return, successful and unsuccessful, and prepare a report at 25
the conclusion of each voting period listing the number of ballots 26
returned using the portal and confirming that only UOCAVA voters used 27
the portal. The report must be submitted to the secretary of state 28
using the deadlines contained in RCW 29A.60.190. 29
(e) The secretary of state shall prepare a statewide report 30
annually aggregating the information provided by each county.31
NEW SECTION. Sec. 116. RETURN OF VOTED BALLOTS. (1) UOCAVA 32
voters may return voted ballots using fax or email or an electronic 33
portal approved by the secretary of state specifically for that 34
purpose under the requirements of section 115 of this act.35
(2) UOCAVA voters must be provided with instructions and a 36
privacy sheet for returning the ballot and signed declaration by fax, 37
email, or electronic portal. Return envelopes for UOCAVA ballots must 38
enable the ballot to be returned postage free if mailed through the 39
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United States postal service, United States armed forces postal 1
service, or the postal service of a United States foreign embassy 2
under 39 U.S.C. Sec. 3406. 3
(3) A voted UOCAVA ballot and signed declaration returned by fax, 4
email, or electronic portal must be received by 8:00 p.m. Pacific 5
Standard Time on the day of the primary or election.6
(4) The county auditor must establish procedures to maintain the 7
secrecy of the ballot for any UOCAVA ballot returned using fax, 8
email, or electronic portal. 9
(5) The use of fax, email, or electronic portal is limited to 10
only UOCAVA voters that meet the requirements of section 102 of this 11
act. 12
NEW SECTION. Sec. 117. CREATION OF A LIST OF KNOWN CANDIDATES 13
AND ISSUES REFERRED TO THE BALLOT. (1) At least 100 days before a 14
regularly scheduled election and as soon as practicable before a 15
special election, the county auditor shall prepare a list of known 16
candidates and issues referred to the ballot for that jurisdiction, 17
to be used in conjunction with a federal write-in absentee ballot. 18
The list must contain all the ballot measures and federal, state, and 19
local offices that as of that date the official expects to be on the 20
ballot on the date of the election. This list must be accompanied by 21
specific instructions for how a voter is to indicate on the federal 22
write-in absentee ballot the voter's choice for each office to be 23
filled and for each ballot measure to be contested.24
(2) A covered voter may request a copy of this list and 25
instructions. The official charged with preparing the list shall send 26
it to the voter by facsimile, email, or regular mail, as the voter 27
requests. 28
(3) As soon as candidates are certified for the ballot, and not 29
later than the date ballots are required to be transmitted to voters 30
under RCW 29A.40.070, the official charged with preparing the list 31
under subsection (1) of this section shall update it with the 32
certified candidates for each office and ballot measure questions and 33
make the updated list publicly available. 34
(4) The county auditor shall make the list prepared under 35
subsection (1) of this section and updated versions of the list 36
regularly available on the auditor's website. 37
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NEW SECTION. Sec. 118. PROHIBITION OF NONSUBSTANTIVE 1
REQUIREMENTS. (1) If a voter's mistake or omission in the completion 2
of a document under this chapter does not prevent determining whether 3
a covered voter is eligible to vote, the mistake or omission does not 4
invalidate the document. Failure to satisfy a nonsubstantive 5
requirement, such as using paper or envelopes of a specified size or 6
weight, does not invalidate a document submitted under this chapter. 7
In a write-in ballot authorized by this chapter, if the intention of 8
the voter is discernible under the statewide standard uniform 9
definition of what constitutes a vote published by the secretary of 10
state, an abbreviation, misspelling, or other minor variation in the 11
form of the name of a candidate or a political party must be accepted 12
as a valid vote.13
(2) The declaration and any information in the declaration may be 14
compared with information on file to ascertain the validity of the 15
document. 16
(3) Notarization is not required for the execution of a document 17
under this chapter. 18
NEW SECTION. Sec. 119. EQUITABLE RELIEF. A court may issue an 19
injunction or grant other equitable relief appropriate to ensure 20
substantial compliance with, or enforce, this chapter on application 21
by:22
(1) A covered voter alleging a grievance under this chapter; or23
(2) An election official in this state. 24
NEW SECTION. Sec. 120. UNIFORMITY OF APPLICATION AND 25
CONSTRUCTION. In applying and construing this uniform act, 26
consideration must be given to the need to promote uniformity of the 27
law with respect to its subject matter among states that enact it.28
NEW SECTION. Sec. 121. RELATION TO ELECTRONIC SIGNATURES IN 29
GLOBAL AND NATIONAL COMMERCE ACT. This chapter modifies, limits, and 30
supersedes the electronic signatures in global and national commerce 31
act, 15 U.S.C. Sec. 7001 et seq., but does not modify, limit, or 32
supersede section 101 (c) of that act, 15 U.S.C. Sec. 7001 (c), or 33
authorize electronic delivery of any of the notices described in 34
section 103(b) of that act, 15 U.S.C. Sec. 7003(b).35
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NEW SECTION. Sec. 122. Sections 101 through 121 of this act 1
constitute a new chapter in Title 29A RCW.2
PART II3
CONFORMING AMENDMENTS4
NEW SECTION. Sec. 201. A new section is added to chapter 29A.04 5
RCW to read as follows: 6
"Special absentee ballot" means a write-in ballot available 100 7
days prior to an election for voters unable to vote and return a 8
regular ballot by normal delivery within the period provided for 9
regular ballots. The ballot must conform with the list of known 10
candidates and issues referred to the ballot created as required in 11
section 117 of this act. 12
NEW SECTION. Sec. 202. A new section is added to chapter 29A.04 13
RCW to read as follows: 14
"UOCAVA ballot" means the ballot sent to an overseas or service 15
voter in compliance with the federal uniformed and overseas citizens 16
absentee voting act and chapter 29A.--- RCW (the new chapter created 17
in section 122 of this act). 18
Sec. 203. RCW 29A.04.109 and 2009 c 369 s 2 are each amended to 19
read as follows: 20
"Overseas voter" means any elector of the state of Washington 21
outside the territorial limits of the United States or as defined in 22
section 102 of this act. 23
Sec. 204. RCW 29A.04.151 and 2003 c 111 s 126 are each amended 24
to read as follows: 25
"Residence" for the purpose of registering and voting means a 26
person's permanent address where he or she physically resides and 27
maintains his or her abode. However((, no)):28
(1) No person ((gains residence by reason of his or her presence 29
or)) loses ((his or her )) residence by reason of ((his or her )) 30
absence: 31
(((1))) (a) While employed in the civil or military service of 32
the state or of the United States; 33
(((2))) (b) While engaged in the navigation of the waters of this 34
state or the United States or the high seas; or35
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(((3))) (c) While a student at any institution of learning((;1
(4) While confined)).2
(2) No person gains residence while serving a sentence in total 3
confinement in any public prison. 4
Absence from the state on business shall not affect the question 5
of residence of any person unless the right to vote has been claimed 6
or exercised elsewhere. 7
Sec. 205. RCW 29A.04.163 and 2009 c 369 s 3 are each amended to 8
read as follows: 9
"Service voter" means ((any)):10
(1) Any elector of the state of Washington who is a member of the 11
armed forces under 42 U.S.C. Sec. 1973 ff-6 while in active service, 12
is a member of a reserve component of the armed forces, is a student 13
or member of the faculty at a United States military academy, is a 14
member of the merchant marine of the United States, or is a member of 15
a religious group or welfare agency officially attached to and 16
serving with the armed forces of the United States; or17
(2) A uniformed-service voter as defined in section 102 of this 18
act. 19
Sec. 206. RCW 29A.04.210 and 2009 c 369 s 4 are each amended to 20
read as follows: 21
((Except for service and overseas voters, only persons )) Persons 22
registered to vote shall be permitted to vote: 23
(1) At any election held for the purpose of electing persons to 24
public office; 25
(2) At any recall election of a public officer;26
(3) At any election held for the submission of a measure to any 27
voting constituency; 28
(4) At any primary election. 29
This section does not apply to elections where being registered 30
to vote is not a prerequisite to voting. 31
Sec. 207. RCW 29A.08.107 and 2009 c 369 s 9 are each amended to 32
read as follows: 33
(1) If the driver's license number, state identification card 34
number, or last four digits of the social security number provided by 35
the applicant match the information maintained by the Washington 36
department of licensing or the social security administration, and 37
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the applicant provided all information required by RCW 29A.08.010, 1
the applicant must be registered to vote. 2
(2) If the driver's license number, state identification card 3
number, or last four digits of the social security number provided by 4
the applicant do not match the information maintained by the 5
Washington department of licensing or the social security 6
administration, or if the applicant does not provide a Washington 7
driver's license, a Washington state identification card, or a social 8
security number, the applicant must be provisionally registered to 9
vote. An identification notice must be sent to the voter to obtain 10
the correct driver's license number, state identification card 11
number, last four digits of the social security number, or one of the 12
following forms of alternate identification: 13
(a) Valid photo identification; 14
(b) A valid enrollment card of a federally recognized Indian 15
tribe in Washington state; 16
(c) A copy of a current utility bill; 17
(d) A current bank statement; 18
(e) A copy of a current government check; 19
(f) A copy of a current paycheck; or 20
(g) A government document, other than a voter registration card, 21
that shows both the name and address of the voter.22
(3) The ballot of a provisionally registered voter may not be 23
counted until the voter provides a driver's license number, a state 24
identification card number, or the last four digits of a social 25
security number that matches the information maintained by the 26
Washington department of licensing or the social security 27
administration, or until the voter provides alternate identification. 28
The identification must be provided no later than the day before 29
certification of the primary or election. If the voter provides one 30
of the forms of identification in subsection (2) of this section, the 31
voter's registration status must be changed from provisionally 32
registered to active registered voter status. 33
(4) A provisional registration must remain on the official list 34
of registered voters through at least two general elections for 35
federal office. If, after two general elections for federal office, 36
the voter still has not verified his or her identity, the provisional 37
registration may be canceled. 38
(5) The requirements of this section do not apply to an overseas 39
or service voter who registers to vote by signing the return envelope 40
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of an absentee ballot, or to a registered ((voter transferring his or 1
her)) voter updating information on their voter registration record.2
Sec. 208. RCW 29A.40.050 and 2011 c 10 s 37 are each amended to 3
read as follows: 4
(1)(a) County auditors shall provide special absentee ballots to 5
be used for state primary or state general elections. An auditor 6
shall provide a special absentee ballot only to a registered voter 7
who completes an application stating that she or he will be unable to 8
vote and return a regular ballot by normal mail delivery within the 9
period provided for regular ballots. 10
(b) A special absentee ballot may not be requested more than 11
((ninety)) 100 days before the applicable state primary or general 12
election. The special absentee ballot will list the offices and 13
measures, if known, scheduled to appear on the state primary or 14
general election ballot. The voter may use the special absentee 15
ballot to write in the name of any eligible candidate for each office 16
and vote on any measure. 17
(2) The county auditor shall include a listing of any candidates 18
who have filed before the time of the application for offices that 19
will appear on the ballot at that primary or election and a list of 20
any issues that have been referred to the ballot before the time of 21
the application. 22
(3) Write-in votes on special absentee ballots must be counted in 23
the same manner provided by law for the counting of other write-in 24
votes. The county auditor shall process and canvass the special 25
absentee ballots provided under this section in the same manner as 26
other ballots under this chapter and chapter 29A.60 RCW.27
(4) A voter who requests a special absentee ballot under this 28
section may also request a regular ballot. If the regular absentee 29
ballot is properly voted and returned, the special absentee ballot is 30
void, and the county auditor shall reject it in whole when special 31
absentee ballots are canvassed. 32
Sec. 209. RCW 29A.40.070 and 2013 c 11 s 48 are each amended to 33
read as follows: 34
(1) Except where a recount or litigation is pending, the county 35
auditor must mail ballots to each voter at least eighteen days before 36
each primary or election, and as soon as possible for all subsequent 37
registration changes. 38
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(2) ((Except where a recount or litigation is pending, the county 1
auditor must mail ballots to each service and overseas voter at least 2
thirty days before each special election, and at least forty -five 3
days before each primary or general election, or any special election 4
that involves federal office. A request for a ballot made by an 5
overseas or service voter after that day must be processed 6
immediately.7
(3))) A registered voter may obtain a replacement ballot if the 8
ballot is destroyed, spoiled, lost, or not received by the voter. The 9
voter may obtain the ballot by telephone request, by mail, 10
electronically, or in person. The county auditor shall keep a record 11
of each request for a replacement ballot. 12
(((4))) (3) Each county auditor shall certify to the office of 13
the secretary of state the dates the ballots were mailed, or the 14
reason and date the ballots will be mailed if the ballots were not 15
mailed timely. 16
(((5))) (4) Failure to mail ballots as prescribed in this section 17
does not by itself provide a basis for an election contest or other 18
legal challenge to the results of a primary, general election, or 19
special election. 20
Sec. 210. RCW 29A.40.091 and 2024 c 269 s 7 are each amended to 21
read as follows: 22
(1) The county auditor shall send each voter a ballot, a security 23
envelope in which to conceal the ballot after voting, a larger 24
envelope in which to return the security envelope, a declaration that 25
the voter must sign, and instructions on how to obtain information 26
about the election, how to mark the ballot, and how to return the 27
ballot to the county auditor. The calendar date of the election must 28
be prominently displayed in bold type, twenty-point font or larger, 29
on the envelope sent to the voter containing the ballot and other 30
materials listed in this subsection. 31
(2) The voter must swear under penalty of perjury that he or she 32
meets the qualifications to vote, and has not voted in any other 33
jurisdiction at this election. The declaration must clearly inform 34
the voter that it is illegal to vote if he or she is not a United 35
States citizen; it is illegal to vote if he or she is serving a 36
sentence of total confinement under the jurisdiction of the 37
department of corrections for a felony conviction or is currently 38
incarcerated for a federal or out-of-state felony conviction; it is 39
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illegal to cast a ballot or sign a ballot declaration on behalf of 1
another voter; and that the signature on the declaration will be 2
compared to the signature in the voter's registration file. The 3
ballot materials must provide space for the voter to sign the 4
declaration, indicate the date on which the ballot was voted, and 5
include a telephone number. 6
(3) ((For overseas and service voters, the signed declaration 7
constitutes the equivalent of a voter registration. Return envelopes 8
for overseas and service voters must enable the ballot to be returned 9
postage free if mailed through the United States postal service, 10
United States armed forces postal service, or the postal service of a 11
United States foreign embassy under 39 U.S.C. 3406.12
(4))) The voter must be instructed to either return the ballot to 13
the county auditor no later than 8:00 p.m. the day of the election or 14
primary, or mail the ballot to the county auditor with a postmark no 15
later than the day of the election or primary. Return envelopes for 16
all election ballots must include prepaid postage. ((Service and 17
overseas voters must be provided with instructions and a privacy 18
sheet for returning the ballot and signed declaration by fax or 19
email. A voted ballot and signed declaration returned by fax or email 20
must be received by 8:00 p.m. on the day of the election or primary.21
(5))) (4) The county auditor's name may not appear on the 22
security envelope, the return envelope, or on any voting instructions 23
or materials included with the ballot if he or she is a candidate for 24
office during the same year. 25
(((6))) (5) For purposes of this section, "prepaid postage" means 26
any method of return postage paid by the county or state.27
Sec. 211. RCW 29A.40.110 and 2024 c 269 s 8 and 2024 c 138 s 2 28
are each reenacted and amended to read as follows:29
(1) The opening and subsequent processing of return envelopes for 30
any primary or election may begin upon receipt. The tabulation of 31
absentee ballots must not commence until after 8:00 p.m. on the day 32
of the primary or election. 33
(2) All received return envelopes must be placed in secure 34
locations from the time of delivery to the county auditor until their 35
subsequent opening. After opening the return envelopes, the county 36
canvassing board shall place all ((of)) the ballots in secure storage 37
until processing. Ballots may be taken from the inner envelopes and 38
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all the normal procedural steps may be performed to prepare these 1
ballots for tabulation. 2
(3) The canvassing board, or its designated representatives, 3
shall examine the postmark on the return envelope and signature on 4
the declaration before processing the ballot. The ballot must either 5
be received no later than 8:00 p.m. on the day of the primary or 6
election, or must be postmarked no later than the day of the primary 7
or election. 8
(4) All personnel assigned to verify signatures must receive 9
training on statewide standards for signature verification. The 10
county auditor shall publish on its website the names of all 11
canvassing board members who received training on statewide standards 12
for signature verification and the dates on which the training was 13
completed. 14
(5) Personnel shall verify that the voter's signature on the 15
ballot declaration is the same as the signature of that voter in the 16
registration files of the county. Verification may be conducted by an 17
automated verification system approved by the secretary of state. A 18
variation between the signature of the voter on the ballot 19
declaration and the signature of that voter in the registration files 20
due to the substitution of initials or the use of common nicknames is 21
permitted so long as the surname and handwriting are clearly the 22
same. 23
(6) A county that is participating in the alternative 24
verification options pilot project under RCW 29A.40.111 may also 25
verify a voter's ballot using an alternative verification method 26
approved by the office of the secretary of state. 27
(((4))) (7) If the postmark is missing or illegible, the date on 28
the ballot declaration to which the voter has attested determines the 29
validity, as to the time of voting, for that ballot. For overseas 30
voters and service voters, the date on the declaration to which the 31
voter has attested determines the validity, as to the time of voting, 32
for that ballot. ((Any overseas voter or service voter may return the 33
signed declaration and voted ballot by fax or email by 8:00 p.m. on 34
the day of the primary or election, and the county auditor must use 35
established procedures to maintain the secrecy of the ballot.))36
Sec. 212. RCW 29A.40.110 and 2024 c 269 s 8 are each amended to 37
read as follows: 38
p. 18 SB 5017
(1) The opening and subsequent processing of return envelopes for 1
any primary or election may begin upon receipt. The tabulation of 2
absentee ballots must not commence until after 8:00 p.m. on the day 3
of the primary or election. 4
(2) All received return envelopes must be placed in secure 5
locations from the time of delivery to the county auditor until their 6
subsequent opening. After opening the return envelopes, the county 7
canvassing board shall place all ((of)) the ballots in secure storage 8
until processing. Ballots may be taken from the inner envelopes and 9
all the normal procedural steps may be performed to prepare these 10
ballots for tabulation. 11
(3) The canvassing board, or its designated representatives, 12
shall examine the postmark on the return envelope and signature on 13
the declaration before processing the ballot. The ballot must either 14
be received no later than 8:00 p.m. on the day of the primary or 15
election, or must be postmarked no later than the day of the primary 16
or election. 17
(4) All personnel assigned to verify signatures must receive 18
training on statewide standards for signature verification. The 19
county auditor shall publish on its website the names of all 20
canvassing board members who received training on statewide standards 21
for signature verification and the dates on which the training was 22
completed. 23
(5) Personnel shall verify that the voter's signature on the 24
ballot declaration is the same as the signature of that voter in the 25
registration files of the county. Verification may be conducted by an 26
automated verification system approved by the secretary of state. A 27
variation between the signature of the voter on the ballot 28
declaration and the signature of that voter in the registration files 29
due to the substitution of initials or the use of common nicknames is 30
permitted so long as the surname and handwriting are clearly the 31
same. 32
(((4))) (6) If the postmark is missing or illegible, the date on 33
the ballot declaration to which the voter has attested determines the 34
validity, as to the time of voting, for that ballot. For overseas 35
voters and service voters, the date on the declaration to which the 36
voter has attested determines the validity, as to the time of voting, 37
for that ballot. ((Any overseas voter or service voter may return the 38
signed declaration and voted ballot by fax or email by 8:00 p.m. on 39
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the day of the primary or election, and the county auditor must use 1
established procedures to maintain the secrecy of the ballot.))2
NEW SECTION. Sec. 213. Section 211 of this act expires January 3
1, 2029.4
NEW SECTION. Sec. 214. Section 212 of this act takes effect 5
January 1, 2029.6
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