H-1749.1

HOUSE BILL 1796

ByRepresentatives Sutherland, Klippert, Walsh, Kraft, Jacobsen, and Young

AN ACT Relating to requiring verification of citizenship for voter registration; amending RCW 29A.08.010, 29A.08.123, 29A.08.210, and 29A.08.350; adding a new section to chapter 29A.08 RCW; and providing an expiration date.

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

NEW SECTION.  Sec. 1. A new section is added to chapter 29A.08 RCW to read as follows:

(1) By July 1, 2022, each county auditor must consult with the department of licensing to determine whether each registered voter in the county has demonstrated proof of citizenship by applying for and receiving an enhanced driver's license or identicard under chapter 46.20 RCW.

(2) If the registered voter has proven citizenship, the voter shall remain registered.

(3)(a) If the registered voter has not proven citizenship, the county auditor shall:

(i) Cancel the voter's registration;

(ii) Send a notice to the voter stating that the voter's registration has been canceled and instructing the voter that the registration may be restored by appearing in person at the auditor's office and demonstrating proof of citizenship through:

(A) A valid United States passport;

(B) A United States certificate of naturalization;

(C) A United States department of state consular report of birth abroad; or

(D) An original, certified birth certificate from a United States birth place, issued by a city, county, state, or territory, that contains all of the following:

(I) Full name and date of birth;

(II) Place of birth, which must be a United States location;

(III) A registrar's raised, embossed, impressed, or multicolored seal;

(IV) A control or file number that the issuing authority can confirm;

(V) A registrar's signature; and

(VI) The date the certificate was filed with the registrar's office.

(b) Birth certificates from Puerto Rico issued before July 1, 2010, are not accepted to satisfy the requirement in (a)(ii)(D) of this subsection.

(c) Washington wallet-sized birth registrations are not accepted to satisfy the requirement in (a)(ii)(D) of this subsection.

(d) Upon being presented with proof of citizenship as described in (a)(ii) of this subsection, the county auditor must immediately reinstate the voter's registration.

(e) A voter whose registration has been canceled may vote a provisional ballot pursuant to RCW 29A.08.625.

(4) This section expires January 1, 2024.

Sec. 2. RCW 29A.08.010 and 2019 c 6 s 1 are each amended to read as follows:

(1) The minimum information ((provided on a voter registration application)) that is required in order to place a voter registration applicant on the voter registration rolls includes:

(a) Name;

(b) Residential address;

(c) Date of birth;

(d) A signature attesting to the truth of the information provided on the application; ((and))

(e) A check or indication in the box confirming the individual is a United States citizen; and

(iii) Washington wallet-sized birth registrations are not accepted to satisfy the requirement in (f)(i)(E) of this subsection.

(2) The residential address provided must identify the actual physical residence of the voter in Washington, as defined in RCW 29A.04.151, with detail sufficient to allow the voter to be assigned to the proper precinct and to locate the voter to confirm his or her residence for purposes of verifying qualification to vote under Article VI, section 1 of the state Constitution. A residential address may be either a traditional address or a nontraditional address. A traditional address consists of a street number and name, optional apartment number or unit number, and city or town, as assigned by a local government, which serves to identify the parcel or building of residence and the unit if a multiunit residence. A nontraditional address consists of a narrative description of the location of the voter's residence, and may be used when a traditional address has not been assigned or affixed to the voter's residence or when a voter resides on an Indian reservation or Indian lands, pursuant to the conditions in RCW 29A.08.112.

(3) All other information supplied is ancillary and not to be used as grounds for not registering an applicant to vote.

(4) Modification of the language of the official Washington state voter registration form by the voter will not be accepted and will cause the rejection of the registrant's application.

Sec. 3. RCW 29A.08.123 and 2019 c 6 s 3 are each amended to read as follows:

(1) A person who has a valid enhanced Washington state driver's license((,))or state identification card for which proof of United States citizenship is required, or valid tribal identification, may submit a voter registration application electronically on the secretary of state's website. A person who has a valid tribal identification card may submit a voter registration electronically on the secretary of state's website if the secretary of state is able to obtain a copy of the applicant's signature from the federal government or the tribal government and proof of the applicant's United States citizenship from the department of licensing, the federal government, the tribal government, or the applicant.

(2) The applicant must attest to the truth of the information provided on the application by affirmatively accepting the information as true.

(3) The applicant must affirmatively assent to use of his or her driver's license, state identification card, or tribal identification card signature for voter registration purposes.

(4) A voter registration application submitted electronically is otherwise considered a registration by mail.

(5) For each electronic application, the secretary of state must obtain a digital copy of the applicant's driver's license or state identification card signature from the department of licensing or tribal identification issuing authority.

(6) The secretary of state may employ additional security measures to ensure the accuracy and integrity of voter registration applications submitted electronically.

Sec. 4. RCW 29A.08.210 and 2020 c 208 s 3 are each amended to read as follows:

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

(((2)))(b) The applicant's full name;

(((3)))(c) The applicant's date of birth;

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

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

(((6)))(f) The sex of the applicant;

(((7)))(g) 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)))(h) 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)))(i) A check box allowing the applicant to acknowledge that he or she is at least sixteen years old;

(((10)))(j) Clear and conspicuous language, designed to draw the applicant's attention, stating that:

(((a)))(i) The applicant must be a United States citizen in order to register to vote; and

(((b)))(ii) The applicant may register to vote if the applicant is at least sixteen years old and may vote if the applicant will be at least eighteen years old by the next general election, or is at least eighteen years old for special elections;

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

(((12)))(l) 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 felony that is punishable by imprisonment for up to five years, a fine of up to ten thousand dollars, or both."

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

(((14)))(n) 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.

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

Sec. 5. RCW 29A.08.350 and 2018 c 110 s 106 are each amended to read as follows:

The department of licensing shall produce and transmit to the secretary of state the following information from the records of each individual who requested a voter registration or update at a driver's license facility: The name, address, date of birth, gender of the applicant, the driver's license number, signature image, confirmation that the applicant has provided proof of United States citizenship to satisfy RCW 29A.08.010, and the date on which the application for voter registration or update was submitted. The secretary of state shall process the registrations and updates as an electronic application.

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