BILL REQ. #:  Z-0887.3 

Read first time 01/13/12.   Referred to Committee on State Government & Tribal Affairs.

     AN ACT Relating to reducing costs and inefficiencies in elections; amending RCW 29A.04.235, 29A.04.240, 29A.08.030, 29A.08.110, 29A.08.125, 29A.08.610, 29A.08.620, 29A.12.130, 29A.32.070, 29A.32.210, 29A.32.241, 29A.32.280, 29A.52.220, 29A.60.165, 29A.64.061, 29A.72.010, 29A.72.025, 29A.72.070, and 29A.76.030; adding a new section to chapter 29A.08 RCW; recodifying RCW 29A.04.240; repealing RCW 29A.32.031, 29A.32.032, 29A.32.036, 29A.32.080, and 29A.52.011; and declaring an emergency.

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

Sec. 1   RCW 29A.04.235 and 2011 c 10 s 8 are each amended to read as follows:
     The secretary of state shall ensure that ((each county auditor is provided with)) the most recent version of the election laws of the state, as contained in this title, and the most recent version of the election administrative rules of the state, are posted on the agency's web site for access by each county auditor and the public. ((Where amendments have been enacted after the last compilation of the election laws, he or she shall ensure that each county auditor receives a copy of those amendments before the next primary or election.))

Sec. 2   RCW 29A.04.240 and 2003 c 111 s 139 are each amended to read as follows:
     In order to encourage the broadest possible voting participation by all eligible citizens, the secretary of state shall produce voter registration information in the foreign languages required ((of state agencies)) by the voting rights act, 42 U.S.C. Sec. 1973aa-1a.

Sec. 3   RCW 29A.08.030 and 2009 c 369 s 7 are each amended to read as follows:
     The definitions set forth in this section apply throughout this chapter, unless the context clearly requires otherwise.
     (1) "Verification notice" means a notice sent by the county auditor or secretary of state to a voter registration applicant and is used to verify or collect information about the applicant in order to complete the registration. The verification notice must be designed to include a postage prepaid, preaddressed return form by which the applicant may verify or send information.
     (2) "Acknowledgment notice" means a notice sent by nonforwardable mail by the county auditor or secretary of state to a registered voter to acknowledge the disposition of a voter registration ((transaction)) application, which can include initial registration, transfer, or reactivation of an inactive registration. An acknowledgment notice may be a voter registration card.
     (3) "Identification notice" means a notice sent to a provisionally registered voter to confirm the applicant's identity.
     (4) "Confirmation notice" means a notice sent to a registered voter by first-class forwardable mail at the address indicated on the voter's permanent registration record and to any other address at which the county auditor or secretary of state could reasonably expect mail to be received by the voter in order to confirm the voter's residence address. The confirmation notice must be designed to include a postage prepaid, preaddressed return form by which the registrant may verify the address information.

Sec. 4   RCW 29A.08.110 and 2009 c 369 s 10 are each amended to read as follows:
     (1) An application is considered complete only if it contains the information required by RCW 29A.08.010. The applicant is considered to be registered to vote as of the original date of mailing or date of delivery, whichever is applicable. The auditor shall record the appropriate precinct identification, taxing district identification, and date of registration on the voter's record in the state voter registration list. Any mailing address provided shall be used only for mail delivery purposes, and not for precinct assignment or residency purposes. Within sixty days after the receipt of an application or transfer, the auditor shall send an acknowledgment notice to the applicant((,)) by first-class nonforwardable mail((, an acknowledgment notice 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 an application is not complete, the auditor shall promptly mail a verification notice to the applicant. The verification notice shall require the applicant to provide the missing information. If the applicant provides the required information within forty-five days, the applicant shall be registered to vote as of the original date of application. The applicant shall not be placed on the official list of registered voters until the application is complete.

Sec. 5   RCW 29A.08.125 and 2009 c 369 s 12 are each amended to read as follows:
     (1) The office of the secretary of state shall maintain a statewide voter registration database. This database must be a centralized, uniform, interactive computerized statewide voter registration list that contains the name and registration information of every registered voter in the state.
     (2) The statewide list is the official list of registered voters for the conduct of all elections.
     (3) The statewide list must include, but is not limited to, the name, date of birth, residence address, signature, gender, and date of registration of every legally registered voter in the state.
     (4) A unique identifier must be assigned to each registered voter in the state.
     (5) The database must be coordinated with other government databases within the state including, but not limited to, the department of corrections, the department of licensing, the department of health, the administrative office of the courts, and county auditors. The database may also be coordinated with the databases of election officials in other states.
     (6) Authorized employees of the secretary of state and each county auditor must have immediate electronic access to the information maintained in the database.
     (7) Voter registration information received by each county auditor must be electronically entered into the database. The office of the secretary of state must provide support, as needed, to enable each county auditor to enter and maintain voter registration information in the state database.
     (8) The secretary of state has data authority over all voter registration data.
     (9) The voter registration database must be designed to accomplish at a minimum, the following:
     (a) Comply with the help America vote act of 2002 (P.L. 107-252);
     (b) Identify duplicate voter registrations;
     (c) Identify suspected duplicate voters;
     (d) Screen against any available databases maintained by other government agencies to identify voters who are registered more than once, voting more than once, or ineligible to vote due to a felony conviction, lack of citizenship, or mental incompetence;
     (e) Provide images of voters' signatures for the purpose of checking signatures on initiative and referendum petitions;
     (f) Provide for a comparison between the voter registration database and the department of licensing change of address database;
     (g) Provide access for county auditors that includes the capability to update registrations and search for duplicate registrations; and
     (h) Provide for the cancellation of registrations of voters who have moved out of state.
     (10) The secretary of state may, upon agreement with other appropriate jurisdictions, screen against any available databases maintained by election officials in other states and databases maintained by federal agencies including, but not limited to, the federal bureau of investigation, the federal court system, the federal bureau of prisons, and the bureau of citizenship and immigration services to identify voters who are registered more than once, voting more than once, or ineligible to vote.
     (11) The database shall retain information regarding previous successful appeals of proposed cancellations of registrations in order to avoid repeated cancellations for the same reason.
     (12) Each county auditor shall maintain a list of all registered voters within the county that are contained on the official statewide voter registration list. In addition to the information maintained in the statewide database, the county database must also maintain the applicable taxing district and precinct codes for each voter in the county, and a list of elections in which the individual voted.
     (13) Each county auditor shall allow electronic access and information transfer between the county's voter registration system and the official statewide voter registration list.

Sec. 6   RCW 29A.08.610 and 2009 c 369 s 28 are each amended to read as follows:
     The secretary of state shall conduct an ongoing list maintenance program designed to detect persons registered in more than one county or state, or voting in more than one county ((in an election)) or state. This program must be applied uniformly throughout the state and must be nondiscriminatory in its application.
     The office of the secretary of state shall search the statewide voter registration list to find registered voters with the same date of birth and similar names. Once the potential duplicate registrations are identified, the secretary of state shall refer the potential duplicate registrations to the appropriate county auditors, who shall compare the signatures on each voter registration record and, after confirming that a duplicate registration exists properly resolve the duplication.
     If a voter is suspected of voting in two or more counties in an election, the county auditors in each county shall cooperate without delay to determine the voter's county of residence. The county auditor of the county of residence of the voter suspected of voting in two or more counties shall take action under RCW 29A.84.010 without delay.

Sec. 7   RCW 29A.08.620 and 2011 c 10 s 17 are each amended to read as follows:
     (1) Each county auditor must request change of address information from the postal service for all mail ballots.
     (2) The county auditor shall transfer the registration of a voter and send an acknowledgment notice to the new address informing the voter of the transfer if change of address information received by the county auditor from the postal service, the department of licensing, or another agency designated to provide voter registration services indicates that the voter has moved within the county.
     (3) The county auditor shall place a voter on inactive status and send to all known addresses a confirmation notice and a voter registration application if change of address information received by the county auditor from the postal service, the department of licensing, or another agency designated to provide voter registration services indicates that the voter has moved from one county to another.
     (4) The county auditor shall place a voter on inactive status and send to all known addresses a confirmation notice if any of the following occur:
     (a) Any document mailed by the county auditor to a voter is returned by the postal service as undeliverable without address correction information; or
     (b) Change of address information received from the postal service, the department of licensing, or another ((state)) governmental agency designated to provide voter registration services indicates that the voter has moved out of the state.

Sec. 8   RCW 29A.12.130 and 2003 c 111 s 313 are each amended to read as follows:
     At least three days before each state primary or general election, the office of the ((secretary of state)) county auditor shall ((provide for the conduct of)) test((s of)) the programming for each vote tallying system to be used at that primary or general election. The test must verify that the system will correctly count the vote cast for all candidates and on all measures appearing on the ballot at that primary or general election. The test shall verify the capability of the vote tallying system to perform all of the functions that can reasonably be expected to occur during conduct of that particular primary or election. If any error is detected, the cause shall be determined and corrected, and an errorless total shall be produced before the primary or election.
     Such tests shall be observed by at least one representative from each major political party, if representatives have been appointed by the respective major political parties and are present at the test, and shall be open to candidates, the press, and the public. The county auditor and any political party observers shall certify that the test has been conducted in accordance with this section. Copies of this certification shall be retained by the ((secretary of state and the)) county auditor. All programming materials, test results, and test ballots shall be securely sealed until the day of the primary or general election.

Sec. 9   RCW 29A.32.070 and 2009 c 415 s 5 are each amended to read as follows:
     The secretary of state shall determine the format and layout of the voters' pamphlet published under RCW 29A.32.010. The secretary of state shall print the pamphlet in clear, readable type on a size, quality, and weight of paper that in the judgment of the secretary of state best serves the voters. The pamphlet must contain:
     (1) A table of contents((. Measures and arguments must be printed in the order specified by RCW 29A.72.290.
     The voters' pamphlet must provide the following information));
     (2) For each statewide ((issue on the ballot except measures for an advisory vote of the people whose requirements are provided in subsection (11) of this section)) ballot measure, listed in the order specified by RCW 29A.72.290:
     (((1))) (a) The legal identification of the measure by serial designation or number;
     (((2))) (b) The official ballot title of the measure;
     (((3))) (c) A statement prepared by the attorney general explaining the law as it presently exists;
     (((4))) (d) A statement prepared by the attorney general explaining the effect of the proposed measure if it becomes law;
     (((5))) (e) The fiscal impact statement prepared under RCW 29A.72.025;
     (((6))) (f) The total number of votes cast for and against the measure in the senate and house of representatives, if the measure has been passed by the legislature;
     (((7))) (g) An argument advocating the voters' approval of the measure together with any statement in rebuttal of the opposing argument;
     (((8))) (h) An argument advocating the voters' rejection of the measure together with any statement in rebuttal of the opposing argument; and
     (((9))) (i) Each argument or rebuttal statement must be followed by the names of the committee members who submitted them, and may be followed by a telephone number and web site that citizens may ((call)) use to obtain information on the ballot measure;
     (((10) The full text of the measure;
     (11) Two pages shall be provided in the general election voters' pamphlet for each measure for an advisory vote of the people under RCW 43.135.041 and shall consist of the serial number assigned by the secretary of state under RCW 29A.72.040, the short description formulated by the attorney general under RCW 29A.72.283, the tax increase's most up-to-date ten-year cost projection, including a year-by-year breakdown, by the office of financial management under RCW 43.135.031, and the names of the legislators, and their contact information, and how they voted on the increase upon final passage so they can provide information to, and answer questions from, the public. For the purposes of this subsection, "names of legislators, and their contact information" includes each legislator's position (senator or representative), first name, last name, party affiliation (for example, Democrat or Republican), city or town they live in, office phone number, and office e-mail address)) (3) For candidate races:
     (a) In even-numbered years, statements, if submitted, from candidates for the office of president and vice president of the United States, United States senator, United States representative, governor, lieutenant governor, secretary of state, state treasurer, state auditor, attorney general, commissioner of public lands, superintendent of public instruction, insurance commissioner, state senator, state representative, justice of the supreme court, judge of the court of appeals, or judge of the superior court. Candidates may also submit campaign contact information and a photograph not more than five years old in a format that the secretary of state determines to be suitable for reproduction in the voters' pamphlet;
     (b) In odd-numbered years, if any office voted upon statewide appears on the ballot due to a vacancy, then statements and photographs for candidates for any vacant statewide office listed in (a) of this subsection;
     (c) For partisan office, the political party preference of each candidate who has expressed a party preference on his or her declaration of candidacy;
     (4) Information on how to register to vote and update a registration;
     (5) Contact information for the public disclosure commission established under RCW 42.17A.100; and
     (6) Any additional information pertaining to elections as may be required by law or in the judgment of the secretary of state is deemed informative to the voters.

Sec. 10   RCW 29A.32.210 and 2003 c 111 s 813 are each amended to read as follows:
     At least ninety days before any primary or general election, or at least ((forty)) fifty days before any special election held under RCW ((29A.04.320)) 29A.04.321 or 29A.04.330, the legislative authority of any county or first-class or code city may adopt an ordinance authorizing the publication and distribution of a local voters' pamphlet. The pamphlet shall provide information on all measures within that jurisdiction and may, if specified in the ordinance, include information on candidates within that jurisdiction. If both a county and a first-class or code city within that county authorize a local voters' pamphlet for the same election, the pamphlet shall be produced jointly by the county and the first-class or code city. If no agreement can be reached between the county and first-class or code city, the county and first-class or code city may each produce a pamphlet. Any ordinance adopted authorizing a local voters' pamphlet may be for a specific primary, special election, or general election or for any future primaries or elections. ((The format of any local voters' pamphlet shall, whenever applicable, comply with the provisions of this chapter regarding the publication of the state candidates' and voters' pamphlets.))

Sec. 11   RCW 29A.32.241 and 2011 c 10 s 29 are each amended to read as follows:
     ((The)) A printed and mailed local voters' pamphlet shall include but not be limited to the following:
     (1) Appearing on the cover, the words "official local voters' pamphlet," the name of the jurisdiction producing the pamphlet, and the date of the election or primary;
     (2) A list of jurisdictions that have measures or candidates in the pamphlet;
     (3) Information on how a person may register to vote and obtain a ballot;
     (4) ((The text of each measure accompanied by)) For each ballot measure, an explanatory statement prepared by the prosecuting attorney for any county measure or by the attorney for the jurisdiction submitting the measure if other than a county measure. All explanatory statements for city, town, or district measures not approved by the attorney for the jurisdiction submitting the measure shall be reviewed and approved by the county prosecuting attorney or city attorney, when applicable, before inclusion in the pamphlet; and
     (5) The arguments for and against each measure submitted by committees ((selected)) appointed pursuant to RCW 29A.32.280((; and
     (6) For partisan primary elections, information on how to vote the applicable ballot format and an explanation that minor political party candidates and independent candidates will appear only on the general election ballot)).

Sec. 12   RCW 29A.32.280 and 2003 c 111 s 820 are each amended to read as follows:
     For each measure from a unit of local government that is included in a local voters' pamphlet, the legislative authority of that jurisdiction shall((, not later than forty-five days before the publication of the pamphlet,)) formally appoint a committee to prepare arguments advocating ((voters')) approval of the measure and ((shall formally appoint)) a committee to prepare arguments advocating ((voters')) rejection of the measure. The authority shall appoint persons known to favor the measure to serve on the committee advocating approval and shall, whenever possible, appoint persons known to oppose the measure to serve on the committee advocating rejection. Each committee shall have not more than three members, however, a committee may seek the advice of any person or persons. If the legislative authority of a unit of local government fails to make such appointments by the prescribed deadline, the county auditor shall whenever possible make the appointments. Appointments and submission of arguments must occur by the deadlines established in administrative rule adopted pursuant to RCW 29A.32.230.

Sec. 13   RCW 29A.52.220 and 2005 c 153 s 10 are each amended to read as follows:
     (1) No primary may be held for any single position in any ((city, town, district, or district court, as required by RCW 29A.52.210)) nonpartisan office, if, after the last day allowed for candidates to withdraw, there are no more than two candidates filed for the position. The county auditor shall, as soon as possible, notify all the candidates so affected that the office for which they filed will not appear on the primary ballot.
     (2) No primary may be held for nonpartisan offices in any first-class city if the city:
     (a) Is a qualifying city that has been certified to participate in the pilot project authorized by RCW 29A.53.020; and
     (b) Is conducting an election using the instant runoff voting method for the pilot project authorized by RCW 29A.53.020.
     (c) This subsection (2) expires July 1, 2013.
     (3) No primary may be held for the office of commissioner of a park and recreation district or for the office of cemetery district commissioner.
     (4) Names of candidates for offices that do not appear on the primary ballot shall be printed upon the general election ballot in the manner specified by RCW 29A.36.131.

Sec. 14   RCW 29A.60.165 and 2011 c 10 s 54 are each amended to read as follows:
     (1) If the voter neglects to sign the ballot declaration, or the handwriting of the signature on the ballot declaration does not match the handwriting of the signature in the voter registration file, the county auditor shall notify the voter by telephone, e-mail, or first-class mail and advise the voter of the correct procedures for completing the unsigned declaration. ((If the ballot is received within three business days of the final meeting of the canvassing board, or the voter has been notified by first-class mail and has not responded at least three business days before the final meeting of the canvassing board, then the auditor shall attempt to notify the voter by telephone, using the voter registration record information.
     (2)(a) If the handwriting of the signature on a ballot declaration is not the same as the handwriting of the signature on the registration file, the auditor shall notify the voter by first-class mail, enclosing a copy of the declaration, and advise the voter of the correct procedures for updating his or her signature on the voter registration file. If the ballot is received within three business days of the final meeting of the canvassing board, or the voter has been notified by first-class mail and has not responded at least three business days before the final meeting of the canvassing board, then the auditor shall attempt to notify the voter by telephone, using the voter registration record information.
     (b))) (2) If the signature on a ballot declaration is not the same as the signature on the registration file because the name is different, the ballot may be counted as long as the handwriting is clearly the same. The auditor shall send the voter a change-of-name form under RCW 29A.08.440 and direct the voter to complete the form.
     (((c))) (3) If the signature on a ballot declaration is not the same as the signature on the registration file because the voter used initials or a common nickname, the ballot may be counted as long as the surname and handwriting are clearly the same.
     (((3))) (4) A voter may not cure a missing or mismatched signature for purposes of counting the ballot in a recount.
     (((4))) (5) A record must be kept of all ballots with missing and mismatched signatures. The record must contain the date on which the voter was contacted or the notice was mailed, as well as the date on which the voter signed the envelope, a copy of the envelope, a new registration form, or a change-of-name form. That record is a public record under chapter 42.56 RCW and may be disclosed to interested parties on written request.

Sec. 15   RCW 29A.64.061 and 2005 c 243 s 21 are each amended to read as follows:
     Upon completion of the canvass of a recount, the canvassing board shall prepare and certify an amended abstract showing the votes cast in each precinct for which the recount was conducted. Copies of the amended abstracts must be transmitted to the same officers who received the abstract on which the recount was based. The results of the recount may be certified by batch, instead of precinct, if the original count was processed by batch.
     If the nomination, election, or issue for which the recount was conducted was submitted only to the voters of a county, the canvassing board shall file the amended abstract with the original results of that election or primary.
     If the nomination, election, or issue for which a recount was conducted was submitted to the voters of more than one county, the secretary of state shall canvass the amended abstracts and shall file an amended abstract with the original results of that election. The secretary of state may require that the amended abstracts be certified by each canvassing board on a uniform date. An amended abstract certified under this section supersedes any prior abstract of the results for the same offices or issues at the same primary or election.

Sec. 16   RCW 29A.72.010 and 2003 c 111 s 1802 are each amended to read as follows:
     If any legal voter of the state, either individually or on behalf of an organization, desires to petition the legislature to enact a proposed measure, or submit a proposed initiative measure to the people, or order that a referendum of all or part of any act, bill, or law, passed by the legislature be submitted to the people, he or she shall file with the secretary of state:
     (1) A legible copy of the measure proposed, or the act or part of such act on which a referendum is desired((, accompanied by an));
     (2) A signed affidavit, or electronic submission, that the sponsor is a ((legal)) registered voter; and
     (3) A filing fee prescribed under RCW 43.07.120.

Sec. 17   RCW 29A.72.025 and 2009 c 415 s 7 are each amended to read as follows:
     The office of financial management, in consultation with the secretary of state, the attorney general, and any other appropriate state or local agency, shall prepare a fiscal impact statement for each of the following state ballot measures: (1) An initiative to the people that is certified to the ballot; (2) an initiative to the legislature that will appear on the ballot; (3) an alternative measure appearing on the ballot that the legislature proposes to an initiative to the legislature; (4) a referendum bill referred to voters by the legislature; and (5) a referendum measure appearing on the ballot. Fiscal impact statements must be written in clear and concise language, avoid legal and technical terms when possible, and be filed with the secretary of state no later than the tenth day of August. Fiscal impact statements may include easily understood graphics.
     A fiscal impact statement must describe any projected increase or decrease in revenues, costs, expenditures, or indebtedness that the state or local governments will experience if the ballot measure were approved by state voters. Where appropriate, a fiscal impact statement may include both estimated dollar amounts and a description placing the estimated dollar amounts into context. A fiscal impact statement must include ((both)) a summary ((of not to exceed one hundred words and)), a more detailed statement ((that includes)), and, if applicable, how to find additional information on the web site of the office of financial management. The assumptions that were made to develop the fiscal impacts must be posted on the web site of the office of financial management.
     Fiscal impact statements must be available online from the secretary of state's web site and included in the state voters' pamphlet. ((Additional information may be posted on the web site of the office of financial management.))

Sec. 18   RCW 29A.72.070 and 2003 c 111 s 1808 are each amended to read as follows:
     Upon the filing of the ballot title and summary for a state initiative or referendum measure in the office of secretary of state, the secretary of state shall notify ((by telephone and by mail, and, if requested, by other electronic means,)) the person proposing the measure, ((the prime sponsor of a referendum bill or alternative to an initiative to the legislature, the chief clerk of the house of representatives, the secretary of the senate,)) and any other individuals who have made written request for such notification of the exact language of the ballot title and summary.

Sec. 19   RCW 29A.76.030 and 2003 c 111 s 1903 are each amended to read as follows:
     If the boundaries of any ((city, township, or rural precinct)) electoral jurisdiction are changed in the manner provided by law, the county auditor shall ((transfer)) update the registration ((cards)) records of every registered voter whose place of residence is affected thereby ((to the files of the proper precinct, noting thereon the name or number of the new precinct, or change the addresses, the precinct names or numbers, and the special district designations for those registered voters on the voter registration lists of the county)). It shall not be necessary for any registered voter whose ((residence)) registration has been changed from one precinct to another, by a change of boundary, to apply to the ((registration officer)) county auditor for a transfer of registration. The county auditor shall either make personalized jurisdiction information available online, or mail a notice to each ((registrant in the new precinct a notice that his or her precinct has been changed from . . . . . . to . . . . . ., and that thereafter the registrant will be entitled to vote in the new precinct, giving the name or number)) registered voter.

NEW SECTION.  Sec. 20   RCW 29A.04.240 is recodified as a section in chapter 29A.08 RCW.

NEW SECTION.  Sec. 21   The following acts or parts of acts are each repealed:
     (1) RCW 29A.32.031 (Contents) and 2011 c 60 s 13, 2009 c 415 s 2, 2008 c 1 s 12, & 2004 c 271 s 121;
     (2) RCW 29A.32.032 (Party preference) and 2005 c 2 s 11;
     (3) RCW 29A.32.036 (Even year primary contents) and 2004 c 271 s 122;
     (4) RCW 29A.32.080 (Amendatory style) and 2003 c 111 s 808; and
     (5) RCW 29A.52.011 (Elections to fill unexpired term--No primary, when) and 2006 c 344 s 14 & 2004 c 271 s 172.

NEW SECTION.  Sec. 22   This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.