wa-law.org > bill > 2025-26 > SB 6035 > Substitute Bill
To the extent practicable, each county auditor shall schedule the following meetings with each federally recognized Indian tribe located in whole or in part within the county:
Not later than August 1st of each odd-numbered year, a meeting to discuss the details for the next regularly scheduled election cycle. Such a meeting may address, without limitation:
The establishment and operation of voting centers or ballot drop boxes within an Indian reservation and the size requirements for any such voting centers or ballot drop boxes;
The dates and times of the upcoming elections for which voting centers or ballot drop boxes may be established;
The deadlines relating to the next regularly scheduled election cycle for the federally recognized Indian tribe to submit a request for the establishment of voting centers or ballot drop boxes;
Responsibilities for the recruitment of election officers; and
Any other information relating to the establishment and operation of voting centers and ballot drop boxes;
Not later than September 1st of each odd-numbered year, a meeting to confirm any details relating to the establishment and operation of voting centers or ballot drop boxes. Such a meeting may address, without limitation:
Whether the federally recognized Indian tribe will request or has requested to establish any voting centers or ballot drop boxes within an Indian reservation and the size requirements for any such voting centers and ballot drop boxes;
The days and hours of any voting center or ballot drop box established within an Indian reservation;
Election officers for any voting center or ballot drop box established within an Indian reservation; and
The deadlines relating to the next regularly scheduled election cycle for the federally recognized Indian tribe to submit a request for the establishment of voting centers or ballot drop boxes; and
A meeting on an ongoing basis during the year of an election if a federally recognized Indian tribe elects to establish any voting centers or ballot drop boxes within an Indian reservation.
If a county auditor:
Is unable to make contact with a federally recognized Indian tribe to carry out the requirements of subsection (1) of this section, the county auditor shall contact the secretary of state to facilitate contact; or
Has not contacted a federally recognized Indian tribe, a representative of the federally recognized Indian tribe may contact the secretary of state to facilitate contact.
The tribal liaison designated by the secretary of state may assist the county auditor or a federally recognized Indian tribe to facilitate any contact required pursuant to this section.
Each biennium, the secretary of state must meet with the federally recognized Indian tribes of the state to provide a forum for discussing and addressing barriers to voting, including but not limited to:
Education and outreach tools for tribal voters;
The use of tribal identification card data for online voter registration;
Assistance with tribal-led voter registration drives;
Establishment of ballot mailing sites on tribal land for voters with nontraditional mailing addresses;
Installation of ballot drop boxes on or near tribal lands;
Providing students with information about voting and opportunities to register or preregister to vote;
Personalized voter registration links, emails with election date reminders, and meetings or presentations on various elections topics; and
Any other policy issues or tribal concerns.
The secretary of state may employ an electronic ballot portal that has been fully evaluated and has passed a rigorous testing, cybersecurity, and certification process, as described in subsection (3) of this section, to be available for the following registered voters:
Service voters as defined in RCW 29A.04.163;
Overseas voters as defined in RCW 29A.04.109;
Disabled voters as defined in RCW 29A.04.037; and
Any elector who is a member of a federally recognized Indian tribe and resides on an Indian reservation.
Only the voters described in subsection (1) of this section shall be permitted to use the electronic ballot portal to return voted ballots.
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Prior to use in conducting any primary or election, the secretary of state must evaluate and approve the electronic ballot portal as described in this subsection (3) and section 4 of this act.
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The secretary of state shall make reasonable rules to develop and test the methods of ballot return provided by the electronic ballot portal for voters described in subsection (1) of this section. The rules must provide that the electronic ballot portal be secure against electronic monitoring and incursion or interference, provide the maximum level of voter secrecy and privacy available, ensure that only a single vote is cast by any voter, and provide an auditable paper record at the receiving end.
The secretary of state shall make reasonable rules governing the use of the electronic ballot portal that include times of availability, storage of ballots, and the circumstance in which a voter described in subsection (1) of this section may use the portal to return a voted ballot.
The secretary of state shall make reasonable rules related to the standards and procedures for the evaluation, examination, and testing of the electronic ballot portal.
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Each county election office using the electronic ballot portal for the return of voted ballots must keep a record of every attempt at ballot return, successful and unsuccessful, and prepare a report at the conclusion of each voting period listing the number of ballots returned using the portal and confirming that only voters described in subsection (1) of this section used the portal. The report must be submitted to the secretary of state using the deadlines contained in RCW 29A.60.190.
The secretary of state shall prepare a statewide report annually aggregating the information provided by each county.
The secretary of state must initially adopt the rules required by subsection (3)(b) of this section no later than January 1, 2029, with the goal of implementing the electronic ballot portal no later than January 1, 2031.
For purposes of section 3(3)(a) of this act, the secretary of state may rely on the results of independent design, engineering, and performance evaluations, with the source and scope of these independent evaluations specified by rule adopted under section 3(3)(b) of this act.
The secretary of state may contract with experts to assist in examining an electronic ballot portal design developed under section 3 of this act, who must ensure potential portal designs have:
Undergone a robust testing regime;
Received a cybersecurity evaluation from an accredited source;
Been reviewed by the Washington state national guard cybersecurity unit; and
The ability to reproduce an auditable paper record.
After an examination of an electronic ballot portal design, the secretary of state may develop and test an initial electronic ballot portal design in phases. The initial test phase shall include a test group composed of voters who have been issued a common access card (CAC).
The secretary of state may consult with experts to assist in drafting reasonable rules under section 3(3)(b) of this act, including:
County auditors;
Representatives from the University of Washington Evans school of public policy and governance;
Representatives with expertise in electronic voting methods; and
Cybersecurity experts from the public sector, private cybersecurity firms, and the military.
The secretary of state shall provide the legislature with an annual report of any examination or test results of an electronic ballot portal design developed under section 3 of this act.
This section expires January 1, 2034.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
"Federally recognized Indian tribe" means any federally recognized Indian tribe whose traditional lands and territories included parts of Washington as described in RCW 43.376.010.