H-758                _______________________________________________

                                                    HOUSE BILL NO. 736

                        _______________________________________________

State of Washington                              49th Legislature                              1985 Regular Session

By Representatives Fisher, Miller, J. King and Barnes

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

AN ACT Relating to elections; amending RCW 29.36.010 and 29.36.139; and adding a new section to chapter 29.10 RCW.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 29.10 RCW to read as follows:

          The county auditor may make inquiry into the validity of the registration of any elector.  Such inquiry shall be made only if the county auditor has a strong reason to believe that the information contained on an individual's voter registration record is incorrect.

          The county auditor shall initiate his or her inquiry by sending by first-class mail a written notice to the challenged voter at the address indicated on the voter's permanent registration record.  The county auditor shall not request any restriction on the forwarding of such notice by the postal service.  The notice shall contain the nature of the inquiry and provide a suitable form for reply.  The notice shall also contain a warning that the county auditor must receive a response within twenty days from the date of mailing or the individual's voter registration will be canceled.

          Not later than the twenty-first day after the date of mailing of the inquiry, the voter, in person or in writing, may state that the information on the permanent voter registration record is correct or may request a change in the information on the permanent registration record.

          Upon receipt of the voter's response, the county auditor shall consider the inquiry satisfied and will make whatever corrections requested by the voter on the permanent registration record.  If the voter fails to respond to the notice of inquiry within twenty days after the date of mailing, the county auditor shall cancel the registration of that voter.

        Sec. 2.  Section 29.36.010, chapter 9, Laws of 1965 as last amended by section 1, chapter 27, Laws of 1984 and RCW 29.36.010 are each amended to read as follows:

          Any duly registered voter may vote an absentee ballot for any primary or election in the manner provided in this chapter.

          A voter desiring to cast an absentee ballot must apply in writing to his county auditor no earlier than forty-five days nor later than the day prior to any election or primary:  PROVIDED, That an application honored for a primary ballot shall also be honored as an application for a ballot for the following election if the voter so indicates on his application:  PROVIDED FURTHER,  That a voter admitted to a hospital no earlier than five days before a primary or election and confined to the hospital on election day may apply by messenger for an absentee ballot on the day of the primary or election if a signed statement from the hospital administrator, or designee, verifying the voter's date of admission and status as a patient in the hospital on the day of the primary or election is attached to the absentee ballot application.

          Such applications must contain the voter's signature and ((may)) must be made in person or by mail or messenger directly to the county auditor's office:  PROVIDED, That no application for an absentee ballot shall be approved unless the voter's signature upon the application compares favorably with the voter's signature upon his permanent registration record.

        Sec. 3.  Section 6, chapter 71, Laws of 1983 1st ex. sess. and RCW 29.36.139 are each amended to read as follows:

          (1) A mail ballot shall be counted only if it is returned in the return identification envelope, if the envelope is signed by the registered voter to whom the ballot is issued, and if the signature is verified as provided in this subsection.  The county auditor shall verify the signature of each voter on the return identification envelope with the signature on the voter's registration record.  If the county auditor determines that a registered voter to whom a replacement ballot has been issued has voted more than once, the county auditor shall not count any ballot cast by that voter.  The county auditor must notify both the county prosecuting attorney and the state attorney general of every instance in which a voter has voted more than once.

          (2) Any mail ballot may be challenged in the same manner as an absentee ballot.

(3) The names of voters whose mail ballot envelopes are returned to the county auditor as "undeliverable" shall be subject to inquiry as provided in chapter 29.10 RCW.