S-0018.2

SENATE BILL 5077

BySenators Valdez and Riccelli

AN ACT Relating to expansion of voter registration services by government agencies; and amending RCW 29A.08.365, 29A.08.362, 29A.08.310, and 29A.08.123.

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

Sec. 1. RCW 29A.08.365 and 2023 c 466 s 18 are each amended to read as follows:

(1) The governor shall make a decision, in consultation with the office of the secretary of state, as to whether each agency identified in subsection (2) of this section shall implement automatic voter registration. The final decision is at the governor's sole discretion.

(2) This section applies to state agencies, other than the health benefit exchange, providing public assistance or services to persons with disabilities, designated pursuant to RCW 29A.08.310(1), that collect, process, and store the following information as part of providing assistance or services:

(a) Names;

(b) Traditional or nontraditional residential addresses;

(c) Dates of birth;

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

(e) Verification of citizenship information, via social security administration data match or manually verified by the agency during the client transaction.

(3) Once an agency has implemented automatic voter registration, it shall continue to provide automatic voter registration unless legislation is enacted that directs the agency to do otherwise.

(4) Agencies may not begin verifying citizenship as part of an agency transaction for the sole purpose of providing automatic voter registration.

Sec. 2. RCW 29A.08.362 and 2023 c 466 s 17 are each amended to read as follows:

(1) The health benefit exchange shall provide the following information to the secretary of state's office for consenting Washington healthplanfinder applicants who affirmatively indicate that they are interested in registering to vote, including applicants who file changes of address, who reside in Washington, are age eighteen years or older, and are verified citizens, for voter registration purposes:

(a) Names;

(b) Traditional or nontraditional residential addresses;

(c) Mailing addresses, if different from the traditional or nontraditional residential address; and

(d) Dates of birth.

(2) The health benefit exchange shall consult with the secretary of state's office to ensure that sufficient information is provided to allow the secretary of state to obtain a digital copy of the person's signature when available from the department of licensing and establish other criteria and procedures that are secure and compliant with federal and state voter registration and privacy laws and rules.

(3)(a) Notwithstanding subsection (1) of this section, the health benefit exchange may provide the information identified in subsection (1)(a) through (d) of this section to the secretary of state's office for Washington healthplanfinder applicants, including applicants who file changes of address, who reside in Washington, who are age 18 years or older, and whose citizenship is reliably verified through an electronic database match as part of the eligibility determination process, if:

(5) If the health benefit exchange determines, in consultation with the health care authority, that implementation of an automatic voter registration system requires approval from the centers for medicare and medicaid services, then any implementation is contingent on receiving that approval.

Sec. 3. RCW 29A.08.310 and 2019 c 6 s 4 are each amended to read as follows:

(1) The governor, in consultation with the secretary of state, shall designate agencies to provide voter registration services in compliance with federal statutes. The governor, in consultation with the secretary of state, may designate local, federal, or tribal agencies, including but not limited to federal agencies administering naturalization ceremonies, to provide voter registration services, provided that such agencies consent to providing voter registration services.

(2) A federally recognized tribe may request that the governor designate one or more state facilities or state-funded facilities or programs that are located on the lands of the requesting Indian tribe or that are substantially engaged in providing services to Indian tribes, as selected by the tribe, to provide voter registration services. This provision does not alter the state's obligations under the national voter registration act.

(3) Each state agency designated shall provide voter registration services for employees and the public within each office of that agency.

(4) The secretary of state shall design and provide a standard notice informing the public of the availability of voter registration, which notice shall be posted in each state agency where such services are available.

(5) Each institution of higher education shall put in place an active prompt on its course registration website, or similar website that students actively and regularly use, that, if selected, will link the student to the secretary of state's voter registration website. The prompt must ask the student if he or she wishes to register to vote.

Sec. 4. RCW 29A.08.123 and 2023 c 363 s 1 are each amended to read as follows:

(1) A person qualified to vote who has a valid:

(a) Washington state driver's license;

(b) Washington state identification card;

(c) Washington state learner's permit;

(d) Current Washington tribal identification; or

(e) Social security number,

may submit a voter registration application electronically on the secretary of state's website, and provide either the state issued identification number, the tribal identification number, or the last four digits of the person's social security number.

(2) The applicant must attest to the truth of the information provided on the application and confirm the applicant's United States citizenship by reviewing the registration oath online and affirmatively accepting the information as true.

(3) For applicants using Washington state issued identification, the applicant must affirmatively assent to use of the applicant's driver's license or state identification card signature for voter registration purposes.

(4) For applicants who are not using Washington state issued identification, the applicant must submit a signature image by either submitting a signature image to the secretary of state, or submitting a signature image as part of the confirmation notice process.

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

(6) 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, the voter, or tribal identification issuing authority.

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

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