BP BHEAD INT H

AN ACT Relating to voter registration; amending RCW 29.10.180; adding a new chapter to Title 29 RCW; repealing RCW 29.07.040; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. Any elector of this state may register to vote by affidavit, that is, by filing an affidavit of voter registration under this chapter with the county auditor of the county in which the elector is a resident.

NEW SECTION. Sec. 2. The secretary of state shall adopt by rule the affidavit form or forms which may be used by electors to register to vote by affidavit. The form shall: Require the registering elector to provide the information required in section 3 of this act; instruct the elector to sign a portion of the form that can be used as an initiative signature card for the verification of petition signatures by the secretary of state; and instruct the elector to sign and attest to the following oath: "I declare that the facts relating to my qualifications as a voter recorded on this voter registration form are true. I am a citizen of the United States, I am not presently denied my civil rights as a result of being convicted of an infamous crime, I will have lived in this state, county, and precinct thirty days immediately preceding the next election at which I offer to vote, and I will be at least eighteen years of age at the time of voting." The oath shall be a part of the affidavit.

The affidavit form shall provide, in a conspicuous place, the following warning: "Knowingly providing false information on this voter registration form or knowingly making a false declaration about your qualifications for registration is a class C felony punishable by imprisonment for up to five years, or by a fine not to exceed ten thousand dollars, or by both such imprisonment and fine."

The secretary shall develop the form in consultation with the county auditors.

NEW SECTION. Sec. 3. A person registering to vote by affidavit shall provide, in the affidavit, the information required under RCW 29.07.070 and his or her driver's license number from a valid Washington state driver's license.

If the person does not have a valid Washington state driver's license, the person shall provide his or her social security number.

If the person does not have a valid Washington state driver's license or a social security number, the person shall provide the number from his or her valid Washington state identicard.

If the person does not provide the information required in this section, the county auditor shall not process the person's registration by affidavit form until the information is provided.

NEW SECTION. Sec. 4. (1) To register to vote under this chapter, an elector shall file a completed and signed affidavit form with the county auditor by mail, personal delivery, courier, or other delivery to the auditor. On receipt of such an affidavit, the county auditor shall review the affidavit to determine whether the information supplied is complete. If it is not, the auditor shall promptly send notice of the deficiency to the person identified as the applicant for registration in the affidavit. If the information is complete, the person is registered as of the date of the affidavit's postmark. If there is no postmark or if the postmark is illegible, the person is registered on the date the completed affidavit was received by the auditor. The auditor shall record the appropriate precinct identification, taxing district identification, and date of registration on the voter's record. Within forty-five days after the receipt of an affidavit but, for an affidavit filed before the closing of precinct registration files under RCW 29.07.160, no later than seven days before the next primary, special election, or general election, the auditor shall send to the person, by first class mail, a voter registration card identifying the registrant's precinct and containing such other information as may be required by the secretary of state. The postal service shall be instructed not to forward a voter registration card to any other address and to return to the auditor any card which is not deliverable.

(2) If a voter registration card is properly mailed as required by this section to the address listed by the person as being the person's mailing address and the card is subsequently returned to the auditor by the postal service as being undeliverable to that person at that address, the voter registration of the person shall be immediately canceled. The auditor shall promptly send the person a notice and explanation of the cancellation, and a registration application form. The postal service shall be requested to forward this notice as applicable.

(3) The provisions of RCW 29.07.160 regarding the closing of precinct registration files applies to registrations made under this chapter.

NEW SECTION. Sec. 5. In addition to satisfying the requirements of section 2 of this act, each affidavit form adopted by the secretary of state shall be designed to permit the elector to register to vote or both to register to vote and to cancel a previous voter registration in this state by filing just one affidavit. Each form shall require the person using it to provide the required information, other than his or her signature, no more than once. The form shall contain instructions on its use, a notification of filing deadlines, the warning specified in section 2 of this act, and space for the county auditor to enter the voter's precinct identification, taxing district identification, and registration number.

The secretary of state shall develop the affidavit forms in consultation with the county auditors and shall furnish copies of the forms to the county auditors without cost to the counties.

A replica of the affidavit form may be used by an elector to register to vote under this chapter. Examples of such replicas include, but are not limited to: A photocopy of a form supplied by the secretary of state; and a replica of the form which is printed in a newspaper, telephone book, or other printed material.

NEW SECTION. Sec. 6. The county auditor is responsible for the conduct of voter registration under this chapter within the county. The county auditor shall keep a supply of the affidavit forms provided under this chapter in his or her office at all times for distribution by political parties and others interested in assisting in voter registration, and shall make every effort to make these forms generally available to the public. The auditor shall provide the affidavit forms to city and town clerks, state offices, schools, fire stations, and any other locations considered appropriate by the auditor for extending registration opportunities to all areas of the county. After the initial distribution of registration affidavit forms to a given location, a representative designated by the official in charge of that location shall notify the auditor of the need for additional voter registration supplies.

NEW SECTION. Sec. 7. A person who knowingly provides false information on an affidavit for voter registration or who knowingly makes a false declaration about the person's qualifications for registration is guilty of a class C felony punishable under RCW 9A.20.021.

NEW SECTION. Sec. 8. Registering to vote by affidavit under this chapter is an alternative to registering to vote in person, in the presence of a voter registrar or deputy registrar. The provisions of this title regarding registering persons to vote which are found outside of this chapter apply to registering voters under this chapter to the extent that those provisions are not inconsistent with the provisions or purpose of this chapter.

An elector who wishes to register to vote, but who does not wish to use the procedures established by this chapter or who cannot provide or does not wish to provide the driver's license, social security, or identicard information required under section 3 of this act, may register in the presence of a registrar or deputy registrar under chapter 29.07 RCW.

Sec. 9. RCW 29.10.180 and 1991 c 363 s 31 are each amended to read as follows:

(1) The county auditor may enter one or more contracts with the United States postal service, or its licensee, which permit the auditor to use postal service change-of-address information. If the auditor finds that information received under such a contract gives the appearance that a voter has changed his or her residence address, the auditor shall notify the voter concerning the requirements of state and federal laws governing voter registration and residence.

(2) Whenever any vote-by-mail ballot, notification to voters following reprecincting of the county, notification to voters of selection to serve on jury duty, notification under subsection (1) of this section, or ((~~initial~~)) voter identification card other than a voter identification card issued under section 4 of this act is returned by the postal service as undeliverable, the county auditor shall, in every instance, inquire into the validity of the registration of that voter.

(3) The county auditor shall initiate his or her inquiry by sending, by first-class mail, a written notice to the challenged voter at the address indicated on the voter's permanent registration record and to any other address at which the county auditor could reasonably expect mail to be received by the voter. The county auditor shall not request any restriction on the forwarding of such notice by the postal service. The notice shall contain the nature of the inquiry and provide a suitable form for reply. The notice shall also contain a warning that the county auditor must receive a response within forty-five days from the date of mailing or the individual's voter registration will be canceled.

(4) The voter, in person or in writing, may state that the information on the permanent voter registration record is correct or may request a change in the address information on the permanent registration record no later than the forty-fifth day after the date of mailing the inquiry.

(5) Upon the timely receipt of a response signed by the voter, the county auditor shall consider the inquiry satisfied and will make any address corrections requested by the voter on the permanent registration record. The county auditor shall cancel the registration of a voter who fails to respond to the notice of inquiry within forty-five days after the date of mailing.

(6) The county auditor shall notify any voter whose registration has been canceled by sending, by first class mail, a written notice to the address indicated on the voter's permanent registration record and to any other address to which the original inquiry was sent. Upon receipt of a satisfactory voter response, the auditor shall reinstate the voter.

(7) A voter whose registration has been canceled under this section and who offers to vote at the next ensuing election shall be issued a questioned ballot. Upon receipt of such a questioned ballot the auditor shall investigate the circumstances surrounding the original cancellation. If he or she determines that the cancellation was in error, the voter's registration shall be immediately reinstated, and the voter's questioned ballot shall be counted. If the original cancellation was not in error, the voter shall be afforded the opportunity to reregister at his or her correct address, and the voter's questioned ballot shall not be counted.

NEW SECTION. Sec. 10. Sections 1 through 8 of this act shall constitute a new chapter in Title 29 RCW.

NEW SECTION. Sec. 11. RCW 29.07.040 and 1971 ex.s. c 202 s 6 & 1965 c 9 s 29.07.040 are each repealed.