Section 434-261-053 - Ballot declaration signature cure process(1) If a ballot declaration signature is not accepted following secondary review, the voter used a mark or signature stamp but did not include witnesses, or if the ballot declaration was not signed, the ballot cannot be counted until the voter cures their signature. The voter identified on the ballot return envelope must be notified as soon as practicable, but no later than three business days following receipt, that the signature on the ballot declaration does not match the signature(s) in the voter registration record. The county must notify the voter of the procedure for curing their signature by:(a) A notice letter package sent by first class mail with a signature update form or a missing signature form. The form must include the ballot declaration required by WAC 434-230-015. The notice letter package must also include a prepaid envelope in which to return a completed signature update or missing signature form. The notice letter must:(i) Be in substantially the same form as the sample notice letter created by the secretary of state; and(ii) Be available in all languages required by the Department of Justice.(b) Telephone, leaving a voicemail if the voter does not answer and voicemail is available (if the voter has provided a phone number);(c) Text message (if the voter has opted into text message notifications); and(d) Email, enclosing a copy of the signature cure form (if the voter has provided an email address).(2) The voter may cure their ballot signature no later than the close of business the day before the election is certified. If the voter has not responded to the signature cure notice by five business days before the final meeting of the canvassing board, the county auditor must attempt to notify the voter by:
(a) Telephone, leaving a voicemail if the voter does not answer and voicemail is available (if the voter has provided a phone number);(b) Text message (if the voter has opted into text message notifications); and(c) Email, enclosing a copy of the signature cure form (if the voter has provided an email address).(3) A voter may cure a missing signature by: (a) Returning a signed missing signature form. The signature on the form must be compared to the signature(s) in the voter registration record using the process described in WAC 434-261-052; or(b) Appearing in person and signing the ballot declaration. The signature on the ballot declaration must be compared to the signature(s) in the voter registration record using the process described in WAC 434-261-052.(4) A voter using a mark or signature stamp may cure a failure to have two witnesses attest to the ballot declaration signature by returning a missing signature form. The form must contain the voter's mark or signature stamp and the signatures of two witnesses.(5) A voter may cure a nonmatching signature by either:(a) Returning a signature update form or appearing in person and signing a new registration form. (i) The signature on the form must be compared to the signature on the ballot declaration using the process described in WAC 434-261-052;(ii) The signature on the form is saved as a new signature in the voter registration record for the current and future elections; or(b) Providing valid secondary identity verification. The county auditor must verify the secondary identification is for the voter who signed the ballot declaration. Secondary identification may be:(i) The last four digits of the voter's Social Security number or the voter's full driver's license, instruction permit, or state identicard number;(ii) Photo identification, valid enrollment card of a federally recognized Indian tribe in Washington state, copy of a current utility bill or current bank statement, copy of a current government check, copy of a current paycheck, or a government document, other than a voter registration card, that shows both the name and address of the voter; or(iii) A multifactor authentication code, from a system approved by the secretary of state, the county auditor sent to the voter's phone number or email address that has previously been provided by the voter. If a voter successfully provides secondary identity verification and confirms, orally or in writing, that the voter in fact returned the ballot, the ballot must be accepted unless two persons who have received signature verification training under WAC 434-261-051 (8) conclude beyond a reasonable doubt that a person other than the voter signed the ballot declaration. This conclusion may be based on evidence including, but not limited to, other ballots in the same election bearing the same signature.
(6) If the registered voter asserts that the signature on the ballot declaration is not the voter's signature prior to 8:00 p.m. on election day, the voter may be provided the opportunity to vote a replacement ballot.(7) If the voter does not successfully cure their signature by close of business the day before certification of the election, the ballot must be sent to the canvassing board.(8) A record must be kept of the process used to cure ballot envelopes with missing and mismatched signatures. The record must contain the date on which each voter was contacted, the notice was mailed, and the date on which each voter subsequently submitted a signature to cure the missing or mismatched signature.Wash. Admin. Code § 434-261-053
Adopted by WSR 24-07-018, Filed 3/8/2024, effective 5/4/2024Amended by WSR 24-12-087, Filed 6/5/2024, effective 7/6/2024