H-3562.1

HOUSE BILL 2268

ByRepresentatives Walsh, Irwin, and Volz

AN ACT Relating to increasing criminal penalties for election violations; amending RCW 29A.08.210, 29A.84.050, 29A.84.110, 29A.84.120, 29A.84.130, 29A.84.140, 29A.84.150, 29A.08.520, 10.64.140, and 29A.08.230; reenacting and amending RCW 9.94A.515; and prescribing penalties.

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

Sec. 1. RCW 29A.08.210 and 2018 c 109 s 8 are each amended to read as follows:

An applicant for voter registration shall complete an application providing the following information concerning his or her qualifications as a voter in this state:

(1) The former address of the applicant if previously registered to vote;

(2) The applicant's full name;

(3) The applicant's date of birth;

(4) The address of the applicant's residence for voting purposes;

(5) The mailing address of the applicant if that address is not the same as the address in subsection (4) of this section;

(6) The sex of the applicant;

(7) The applicant's Washington state driver's license number, Washington state identification card number, or the last four digits of the applicant's social security number if he or she does not have a Washington state driver's license or Washington state identification card;

(8) A check box allowing the applicant to indicate that he or she is a member of the armed forces, national guard, or reserves, or that he or she is an overseas voter;

(9) A check box allowing the applicant to acknowledge that he or she is at least eighteen years old or is at least sixteen years old and will vote only after he or she reaches the age of eighteen;

(10) Clear and conspicuous language, designed to draw the applicant's attention, stating that the applicant must be a United States citizen in order to register to vote;

(11) A check box and declaration confirming that the applicant is a citizen of the United States;

(12) The following warning:

"If you knowingly provide false information on this voter registration form or knowingly make a false declaration about your qualifications for voter registration you will have committed a class ((C))A felony that is punishable by a term of imprisonment for up to ((five years))life, a fine of up to ((ten))fifty thousand dollars, or both."

(13) The oath required by RCW 29A.08.230 and a space for the applicant's signature; and

(14) Any other information that the secretary of state determines is necessary to establish the identity of the applicant and prevent duplicate or fraudulent voter registrations.

This information shall be recorded on a single registration form to be prescribed by the secretary of state.

Sec. 2. RCW 29A.84.050 and 2011 c 10 s 68 are each amended to read as follows:

(1) A person who knowingly destroys, alters, defaces, conceals, or discards a completed voter registration form or signed ballot declaration is guilty of a ((gross misdemeanor))class A felony. This section does not apply to (a) the voter who completed the form or declaration, or (b) a county auditor who acts as authorized by law.

(2)(a) Any person who intentionally fails to return another person's completed voter registration form or signed ballot declaration to the proper state or county elections office by the applicable deadline is guilty of a ((gross misdemeanor))class A felony.

(b) Any person who is required to return another person's completed voter registration form under this subsection and has personal knowledge that the voter registration form contains false information shall notify the county auditor of the applicant's name and nature of the false information immediately upon returning the form. Upon receipt of such notice, the county auditor shall provide the information to the canvassing board or prosecuting attorney in accordance with RCW 29A.84.010. A person who knowingly returns another person's voter registration form that contains false information and fails to notify the county auditor in accordance with this subsection is guilty of a class A felony pursuant to RCW 29A.84.130(9).

Sec. 3. RCW 29A.84.110 and 2003 c 111 s 2105 are each amended to read as follows:

((If any))(1) A county auditor or registration assistant, as defined in subsection (2) of this section, is guilty of a class A felony if he or she:

(((1)))(a) Willfully neglects or refuses to perform any duty required by law in connection with the registration of voters; or

(((2)))(b) Willfully neglects or refuses to perform such duty in the manner required by voter registration law; or

(((3)))(c) Enters or causes or permits to be entered on the voter registration records the name of any person knowing that such act is done in any other manner or at any other time than as prescribed by voter registration law or, except as provided under RCW 29A.84.050, enters or causes or permits to be entered on such records the name of any person knowing that the person whose name is entered is not entitled to be thereon; or

(((4)))(d) Destroys, mutilates, conceals, changes, or alters any registration record in connection therewith except as authorized by voter registration law((,

he or she is guilty of a gross misdemeanor punishable to the same extent as a gross misdemeanor that is punishable under RCW 9A.20.021)).

Sec. 4. RCW 29A.84.120 and 2003 c 111 s 2106 are each amended to read as follows:

An election officer or a person who intentionally disenfranchises an eligible citizen or discriminates against a person eligible to vote by denying voter registration is guilty of a ((misdemeanor punishable under RCW 9A.20.021))class A felony.

Sec. 5. RCW 29A.84.130 and 2003 c 111 s 2107 are each amended to read as follows:

((Any person who))A person is guilty of a class A felony if he or she:

(1) Knowingly provides false information on an application for voter registration under any provision of this title;

(2) Knowingly makes or attests to a false declaration as to his or her qualifications as a voter;

(3) Knowingly causes or permits himself or herself to be registered using the name of another person;

(4) Knowingly causes himself or herself to be registered under two or more different names;

(5) Knowingly causes himself or herself to be registered in two or more counties;

(6) Offers to pay another person to assist in registering voters, where payment is based on a fixed amount of money per voter registration;

(7) Accepts payment for assisting in registering voters, where payment is based on a fixed amount of money per voter registration; ((or))

(8) Knowingly causes any person to be registered or causes any registration to be transferred or canceled except as authorized under this title((,

is guilty of a class C felony punishable under RCW 9A.20.021)); or

(9) Encourages another person to provide false information on an application for voter registration or returns another person's application for voter registration knowing that it contains false information without notifying the county auditor of the false information as required by RCW 29A.84.050.

Sec. 6. RCW 29A.84.140 and 2018 c 109 s 13 are each amended to read as follows:

A person who knows that he or she does not possess the legal qualifications of a voter and who registers to vote is guilty of a class ((C))A felony. This section does not apply to persons age sixteen or seventeen signing up to register to vote as authorized under RCW 29A.08.170.

Sec. 7. RCW 29A.84.150 and 2004 c 267 s 138 are each amended to read as follows:

Any state or local election officer, or a designee, who has access to any county or statewide voter registration database who knowingly uses or alters information in the database inconsistent with the performance of his or her duties is guilty of a class ((C))A felony((, punishable under RCW 9A.20.021)).

Sec. 8. RCW 29A.08.520 and 2013 c 11 s 19 are each amended to read as follows:

(1) ((For))(a) Except as provided under (b) of this subsection, for a felony conviction in a Washington state court, the right to vote is provisionally restored as long as the person is not under the authority of the department of corrections. For a felony conviction in a federal court or any state court other than a Washington state court, the right to vote is restored as long as the person is no longer incarcerated.

(2)(a) Once the right to vote has been provisionally restored, the sentencing court may revoke the provisional restoration of voting rights if the sentencing court determines that a person has willfully failed to comply with the terms of his or her order to pay legal financial obligations.

(b) If the person has failed to make three payments in a twelve-month period and the county clerk or restitution recipient requests, the prosecutor shall seek revocation of the provisional restoration of voting rights from the court.

(c) To the extent practicable, the prosecutor and county clerk shall inform a restitution recipient of the recipient's right to ask for the revocation of the provisional restoration of voting rights.

(3) If the court revokes the provisional restoration of voting rights, the revocation shall remain in effect until, upon motion by the person whose provisional voting rights have been revoked, the person shows that he or she has made a good faith effort to pay as defined in RCW 10.82.090.

(4) The county clerk shall enter into a database maintained by the administrator for the courts the names of all persons whose provisional voting rights have been revoked, and update the database for any person whose voting rights have subsequently been restored pursuant to subsection (6) of this section.

(5) At least twice a year, the secretary of state shall compare the list of registered voters to a list of felons who are not eligible to vote as provided in subsections (1) and (3) of this section. If a registered voter is not eligible to vote as provided in this section, the secretary of state or county auditor shall confirm the match through a date of birth comparison and suspend the voter registration from the official state voter registration list. The secretary of state or county auditor shall send to the person at his or her last known voter registration address and at the department of corrections, if the person is under the authority of the department, a notice of the proposed cancellation and an explanation of the requirements for provisionally and permanently restoring the right to vote and reregistering. To the extent possible, the secretary of state shall time the comparison required by this subsection to allow notice and cancellation of voting rights for ineligible voters prior to a primary or general election.

(6) The right to vote may be permanently restored by one of the following for each felony conviction, except as provided under subsection (1) of this section:

(a) A certificate of discharge issued by the sentencing court, as provided in RCW 9.94A.637;

(b) A court order restoring the right, as provided in RCW 9.92.066;

(c) A final order of discharge issued by the indeterminate sentence review board, as provided in RCW 9.96.050; or

(d) A certificate of restoration issued by the governor, as provided in RCW 9.96.020.

(7) For the purposes of this section, a person is under the authority of the department of corrections if the person is:

(a) Serving a sentence of confinement in the custody of the department of corrections; or

(b) Subject to community custody as defined in RCW 9.94A.030.

Sec. 9. RCW 10.64.140 and 2009 c 325 s 5 are each amended to read as follows:

(1) When a person is convicted of a felony, the court shall require the defendant to sign a statement acknowledging that:

(a) The defendant's right to vote has been lost due to the felony conviction;

(b) If the defendant is registered to vote, the voter registration will be canceled;

(c) The right to vote is provisionally restored as long as the defendant is not under the authority of the department of corrections, unless the defendant has been convicted of a crime under RCW 29A.84.050, 29A.84.110, 29A.84.120, 29A.84.130, 29A.84.140, or 29A.84.150. A defendant's right to vote is permanently lost if he or she is convicted of a crime listed under this subsection;

(d) The defendant must reregister before voting;

(e) The provisional right to vote may be revoked if the defendant fails to comply with all the terms of his or her legal financial obligations or an agreement for the payment of legal financial obligations;

(f) The right to vote may be permanently restored by one of the following for each felony conviction, except as provided in (c) of this subsection:

(i) A certificate of discharge issued by the sentencing court, as provided in RCW 9.94A.637;

(ii) A court order issued by the sentencing court restoring the right, as provided in RCW 9.92.066;

(iii) A final order of discharge issued by the indeterminate sentence review board, as provided in RCW 9.96.050; or

(iv) A certificate of restoration issued by the governor, as provided in RCW 9.96.020; and

(g) Voting before the right is restored is a class C felony under RCW 29A.84.660.

(2) For the purposes of this section, a person is under the authority of the department of corrections if the person is:

(a) Serving a sentence of confinement in the custody of the department of corrections; or

(b) Subject to community custody as defined in RCW 9.94A.030.

Sec. 10. RCW 29A.08.230 and 2013 c 11 s 14 are each amended to read as follows:

For all voter registrations, the registrant shall sign the following oath:

"I declare that the facts on this voter registration form are true. I am a citizen of the United States, I will have lived at this address in Washington for at least thirty days immediately before the next election at which I vote, I will be at least eighteen years old when I vote, I am not disqualified from voting due to a court order, ((and)) I am not under department of corrections supervision for a Washington felony conviction, and I have not had my voting rights permanently lost due to a felony conviction under RCW 29A.84.050, 29A.84.110, 29A.84.120, 29A.84.130, 29A.84.140, or 29A.84.150."

Sec. 11. RCW 9.94A.515 and 2019 c 271 s 7, 2019 c 243 s 5, 2019 c 64 s 3, and 2019 c 46 s 5009 are each reenacted and amended to read as follows:

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