H-653                _______________________________________________

                                                    HOUSE BILL NO. 635

                        _______________________________________________

State of Washington                              49th Legislature                              1985 Regular Session

By Representative Fisher

Read first time 2/8/85 and referred to Committee on Constitution, Elections & Ethics.

AN ACT Relating to elections; and amending RCW 29.10.140.

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

        Sec. 1.  Section 3, chapter 156, Laws of 1965 ex. sess. as last amended by section 5, chapter 30, Laws of 1983 1st ex. sess. and RCW 29.10.140 are each amended to read as follows:

          All challenges of voter registration under RCW 29.10.130 shall be delivered to the appropriate county auditor who shall send, by certified mail, a notice of intent to cancel the registration on account of a challenge of residence to that address at which the challenged voter  is alleged to reside and to the address of the challenged voter listed on the registration record.

          Any voter whose registration has been so challenged and who believes that the allegation is not true shall, within twenty days of such mailing, file a written response with the county auditor.  The county auditor shall immediately request, by certified mail, the challenger and the challenged voter to appear at a meeting to be held within ten days of the mailing of the request at a place, day, and hour to be stated in the request, for determination of the validity of such registration.  If the challenged voter is unable to appear in person, he or she may file a reply by means of an affidavit stating under oath the reasons he or she believes the registration to be valid, and if the challenger is unable to appear in person he or she may file a statement by means of affidavit stating the reasons he or she believes the registration to be invalid.

          If both the challenger and the challenged voter file affidavits instead of appearing in person, an evaluation of the affidavits by the county auditor constitutes a hearing for the purposes of this section.

          The county auditor shall hold a hearing at which time both parties shall present their facts and arguments.  After reviewing the facts and arguments, the county auditor shall rule as to the validity or invalidity of the challenge.  His or her ruling is final subject only to a petition for judicial review by the superior court under chapter 34.04 RCW.  If the challenger fails to appear at the meeting or fails to file an affidavit, the registration in question may remain in full effect as determined by the county auditor.  If the challenged voter fails to appear at the meeting or fails to file an affidavit and if after reviewing the facts the county auditor finds the challenge valid, then the registration shall be canceled and the voter so notified.