H-2249              _______________________________________________

 

                                          SUBSTITUTE HOUSE BILL NO. 1153

                        _______________________________________________

 

                                                                            C 205 L 85

 

 

State of Washington                              49th Legislature                              1985 Regular Session

 

By House Committee on Constitution, Elections & Ethics (originally sponsored by Representatives Fisher, Madsen, Barrett, Barnes, Miller, Vander Stoep, Betrozoff, Sanders, Hargrove, Wineberry and Brough; by Secretary of State request)

 

 

Read first time 3/8/85 and passed to Committee on Rules.

 

 


AN ACT Relating to accessibility of polling places and voter registration facilities; amending RCW 29.57.010, 29.57.030, and 29.48.007; adding a new section to chapter 29.07 RCW; adding new sections to chapter 29.57 RCW; repealing RCW 29.57.020 and 29.57.060; declaring an emergency; and providing effective dates.

 

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

 

        Sec. 1.  Section 1, chapter 64, Laws of 1979 ex. sess. and RCW 29.57.010 are each amended to read as follows:

          The intent of this chapter is to ((require county auditors to make reasonable efforts)) implement Public Law 98-435 which requires state and local election officials, wherever possible,  to designate and use ((locations for)) polling places in federal elections and permanent registration locations which are accessible to elderly and handicapped persons((, to include the following actions)).  County auditors are encouraged to:

          (1) Make ((minor, inexpensive)) modifications such as installation of temporary ramps or relocation of ((booths)) polling places within buildings, where ((indicated)) appropriate;

          (2) ((Designation of)) Designate new, accessible polling places to replace those ((with poor facilities)) that are inaccessible; and

          (3) ((Continued)) Continue to use ((of)) polling places and voter registration locations which are accessible to ((people with disabilities)) elderly and handicapped persons.

 

        Sec. 2.  Section 3, chapter 64, Laws of 1979 ex. sess. and RCW 29.57.030 are each amended to read as follows:

          The secretary of state, in consultation with the state building code advisory council and local election officials, shall ((adopt guidelines by January 1, 1980, for accessibility of)) determine standards for accessible polling places as required by this chapter and provide county auditors with these standards by July 1, 1985.  These standards shall be revised whenever there are significant amendments to the applicable rules of the state building code advisory council.

 

          NEW SECTION.  Sec. 3.     No later than April 1st of each even-numbered year until and including 1994, each county auditor shall report to the secretary of state, on the form provided by the secretary of state, a list of all polling places in the county, specifying any that have been found inaccessible.  The auditor shall indicate the reasons for inaccessibility, and what efforts have been made pursuant to this chapter to locate alternative polling places or to make the existing  facilities temporarily accessible.  Each county auditor shall notify the secretary of state of any changes in polling place locations before the next state general election, including any changes required due to alteration  of precinct boundaries.

 

          NEW SECTION.  Sec. 4.     No later than July 1st of each even-numbered year, the secretary of state shall review the reports of the county auditors and shall check each polling place that has been identified as inaccessible under section 3 of this act to verify that every possible effort has been made to comply with this chapter.  The secretary of state shall also examine any other polling place which he or she has substantial reason to believe may not comply with the standards established under RCW 29.57.030.

 

          NEW SECTION.  Sec. 5.     The secretary of state shall establish procedures to assure that, in any state primary or state general election in an even-numbered year, any handicapped or elderly voter assigned to an inaccessible polling place will, upon advance request of that voter, either be permitted to vote at an alternative accessible polling place not overly inconvenient to that voter or be provided with an alternative means of casting a ballot on the day of the primary or election.  The county auditor shall make any accommodations in voting procedures necessary to allow the use of alternative polling places by elderly or handicapped voters under this section.

 

          NEW SECTION.  Sec. 6.     Each polling place for a state primary or state general election in an even-numbered year shall be accessible unless:

          (1) The secretary of state has reviewed that polling place, determined that it is inaccessible, that no alternative accessible polling place is available, that no temporary modification of that polling place or any alternative polling place is possible, and that the county auditor has complied with the procedures established under section 5 of this act; or

          (2) The secretary of state determines that a state of emergency exists that would otherwise interfere with the efficient administration of that primary or election.

 

          NEW SECTION.  Sec. 7.     No later than December 31st of each even-numbered year, the secretary of state shall report to the federal election commission, in a manner to be determined by the commission, the number of accessible and inaccessible polling places in the state on the date of the preceding state general election, and the reasons for any instances of inaccessibility.

 

          NEW SECTION.  Sec. 8.     Each county auditor shall report locations of all permanent voter registration facilities to the secretary of state, indicating which locations meet the standards of RCW 29.57.030.  The secretary of state shall determine if the locations and number of accessible registration facilities are reasonable to meet the needs of the elderly and handicapped.

 

          NEW SECTION.  Sec. 9.     (1) Each county auditor shall provide voting and registration instructions, printed in large type, to be conspicuously displayed at each polling place and permanent registration facility.

          (2) The secretary of state shall make information available for deaf persons throughout the state by telecommunications.

 

          NEW SECTION.  Sec. 10.    The secretary of state shall provide public notice of the availability of registration and voting aids, assistance to elderly and handicapped persons under RCW 29.51.200 and 42 U.S.C. Section 1973aa-6, and procedures for voting by absentee ballot calculated to reach elderly and handicapped persons not later than public notice of the closing of registration for the state primary and state general election in each even-numbered year.

 

          NEW SECTION.  Sec. 11.    Each county auditor shall include a notice of the accessibility of polling places in the notice of election published under RCW 29.27.030 and 29.27.080 for the state primary and state general election in each even-numbered year.

 

          NEW SECTION.  Sec. 12.    (1) County auditors shall seek alternative polling places or other low-cost alternatives including, but not limited to, procedural changes and assistance from local disabled groups, service organizations, and other private sources before incurring costs for modifications under this chapter and Public Law 98-435.

          (2) In a state primary or state general election in an even-numbered year, the cost of those modifications to buildings or other facilities, including signs designating handicapped accessible parking and entrances, that are necessary to permit the use of those facilities for polling places under this chapter and Public Law 98-435 or any procedures established under section 5 of this act shall be treated as election costs and prorated under RCW 29.13.045.

 

          NEW SECTION.  Sec. 13.    The secretary of state shall adopt rules to facilitate the implementation of this chapter.

 

        Sec. 14.  Section 29.48.007, chapter 9, Laws of 1965 and RCW 29.48.007 are each amended to read as follows:

          The ((board of directors)) legislative authority of each ((school)) county, municipality, and special district shall ((cooperate with)), at the request of the county auditor ((by making schools)), make their facilities available for use as polling places ((on the dates on which state primary)) for primaries, special elections, and state general elections ((are)) held within that county.  When, in the judgment of the county auditor ((the voters will be best served thereby)), a facility of a county, municipality, or special district would provide a location for a polling place that would best satisfy the requirements of chapter 29.57 RCW, he or she shall notify the ((board of directors of the school district)) legislative authority of that county, municipality, or district of the number of ((schoolrooms desired)) facilities needed for use as polling places.  ((The board of directors in cooperation with the county auditor shall designate the schools, schoolrooms or school facilities to be made available for use as such polling places and shall make such schools, schoolrooms or school facilities available for that purpose.))  Payment for ((said)) polling places and any other conditions or obligations regarding these polling places shall be ((made as)) provided for by ((law)) contract between the county auditor and the county, municipality, or district.

 

          NEW SECTION.  Sec. 15.  A new section is added to chapter 29.07 RCW to read as follows:

          (1) A "permanent voter registration facility" means any offices or other locations specifically required to provide voter registration services under this chapter or the location of any deputy registrar appointed by the county auditor to serve for an indefinite period of time.

          (2) A "temporary voter registration facility" means the location of any deputy registrar appointed by the county auditor to  serve for a definite or limited period of time.

 

          NEW SECTION.  Sec. 16.  The following acts or parts of acts are each repealed:

                   (1) Section 2, chapter 64, Laws of 1979 ex. sess. and RCW 29.57.020; and

          (2) Section 6, chapter 64, Laws of 1979 ex. sess. and RCW 29.57.060.

 

          NEW SECTION.  Sec. 17.    Sections 3 through 13 of this act shall be added to chapter 29.57 RCW.

 

          NEW SECTION.  Sec. 18.    (1) Sections 1, 2, and 13 of this act are necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect immediately.

          (2) Sections 15 and 16 of this act shall take effect as provided by Article II, section 1(c) of the state Constitution.

          (3) Sections 3 through 12 and 14 of this act shall take effect on January 1, 1986.


                                                                                                                          Passed the House March 19, 1985.

 

                                                                                                                                         Speaker of the House.

 

                                                                                                                           Passed the Senate April 19, 1985.

 

                                                                                                                                       President of the Senate.