This section modifies existing section 29A.36.111. Here is the modified chapter for context.
Every ballot for a single combination of issues, offices, and candidates shall be uniform within a precinct and shall identify the type of primary or election, the county, and the date of the primary or election, and the ballot or voting device shall contain instructions on the proper method of recording a vote, including write-in votes**, and how to access the status and image of their voted ballot using the quick response code and access code provided in accordance with subsection (2) of this section**. Each position, together with the names of the candidates for that office, shall be clearly separated from other offices or positions in the same jurisdiction. The offices in each jurisdiction shall be clearly separated from each other. No paper ballot or ballot card may be marked by or at the direction of an election official in any way that would permit the identification of the person who voted that ballot.
Each ballot must contain two identical quick response codes, one located near the instructions required under subsection (1) of this section and one located on a portion of the ballot that can be physically separated without damaging or compromising the readability of the ballot and retained by the voter. The quick response code must be unique to the ballot and accompanied by an access code which the voter will use to access information about the voter's ballot. The quick response code must link to a website where the voter can, with the access code provided, view the image of their voted ballot and whether the ballot has been received and counted. The quick response code may not be linked to any personally identifiable information of a voter. A person who votes on a voting device must be provided with a quick response code and access code that allows the voter to access the image of their selections and whether their votes have been counted.
An election official may not enter into or extend any contract with a vendor if such contract may allow the vendor to acquire an ownership interest in any data pertaining to any voter, any voter's address, registration number, or history, or any ballot.
This section modifies existing section 29A.40.091. Here is the modified chapter for context.
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, how to return the ballot to the county auditor**, and how to access the status and image of their voted ballot using the quick response code and access code provided in accordance with section 1 of this act**. 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:
For all general elections in 2020 and after;
For all primary elections in 2021 and after; and
For all elections in 2022 and after.
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.
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.
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 must be provided with instructions and a privacy sheet for returning the ballot and signed declaration by fax or email. A voted ballot and signed declaration returned by fax or email must be received by 8:00 p.m. on the day of the election or primary.
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.
For purposes of this section, "prepaid postage" means any method of return postage paid by the county or state.
This section modifies existing section 29A.12.005. Here is the modified chapter for context.
As used in this chapter, "voting system" means:
The total combination of mechanical, electromechanical, or electronic equipment including, but not limited to, the software, firmware, and documentation required to program, control, and support the equipment, that is used:
To define ballots;
To cast and count votes;
To report or display election results from the voting system;
To maintain and produce any audit trail information;
To perform an audit under RCW 29A.60.185; and
By election officials to produce, program, or otherwise provide for quick response codes required under section 1 of this act, or to process quick response codes in accordance with RCW 29A.40.110(2); and
The practices and associated documentation used:
To identify system components and versions of such components;
To test the system during its development and maintenance;
To maintain records of system errors and defects;
To determine specific system changes to be made to a system after the initial qualification of the system; and
To make available any materials to the voter such as notices, instructions, forms, or paper ballots.