S-0819.2
SUBSTITUTE SENATE BILL 5192
State of Washington
65th Legislature
2017 Regular Session
By Senate State Government (originally sponsored by Senators Kuderer, Billig, Cleveland, Palumbo, Hunt, Darneille, Keiser, Carlyle, and Hasegawa)
READ FIRST TIME 02/09/17.
AN ACT Relating to enacting same day voter registration; amending RCW 29A.08.140, 29A.08.110, 29A.08.410, and 29A.40.160; and providing a contingent effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1.  RCW 29A.08.140 and 2011 c 10 s 15 are each amended to read as follows:
(1) In order to vote in any primary, special election, or general election, a person who is not registered to vote in Washington must:
(a) Submit a registration application no later than ((twenty-nine)) eight days before the day of the primary, special election, or general election; or
(b) Register in person at the county auditor's office, the division of elections if in a separate city from the county auditor's office, a voting center, or other location designated by the county auditor, in his or her county of residence no later than ((eight days before)) 5:00 p.m. on the day of the primary, special election, or general election.
(2) A person who is already registered to vote in Washington may update his or her registration no later than ((twenty-nine)) eight days before the day of the primary, special election, or general election to be in effect for that primary, special election, or general election. A registered voter who fails to transfer his or her residential address by this deadline may vote according to his or her previous registration address.
(3) To register in person at the county auditor's office, a voting center, or other location designated by the county auditor, a person must appear in person at the county auditor's office, a voting center, or other location designated by the county auditor in the county in which the person resides at a time when the facility is open and complete the voter registration application by providing the information required by RCW 29A.08.010.
Sec. 2.  RCW 29A.08.110 and 2009 c 369 s 10 are each amended to read as follows:
(1) An application is considered complete only if it contains the information required by RCW 29A.08.010. The applicant is considered to be registered to vote as of the original date of mailing or date of delivery, whichever is applicable. As soon as practicable, the auditor shall record the appropriate precinct identification, taxing district identification, and date of registration on the voter's record in the state voter registration list. The secretary of state shall establish procedures to enable new or updated voter registrations to be recorded on an expedited basis. Any mailing address provided shall be used only for mail delivery purposes, and not for precinct assignment or residency purposes. Within sixty days after the receipt of an application or transfer, the auditor shall send to the applicant, by first-class nonforwardable mail, an acknowledgment notice identifying the registrant's precinct and containing such other information as may be required by the secretary of state. The postal service shall be instructed not to forward a voter registration card to any other address and to return to the auditor any card which is not deliverable.
(2) If an application is not complete, the auditor shall promptly mail a verification notice to the applicant. The verification notice shall require the applicant to provide the missing information. If the applicant provides the required information within forty-five days, the applicant shall be registered to vote as of the original date of application. The applicant shall not be placed on the official list of registered voters until the application is complete.
Sec. 3.  RCW 29A.08.410 and 2009 c 369 s 22 are each amended to read as follows:
A registered voter who changes his or her residence from one address to another within the same county may transfer his or her registration to the new address in one of the following ways:
(1) Sending the county auditor a request stating both the voter's present address and the address from which the voter was last registered;
(2) Appearing in person before the county auditor, or at a voting center or other location designated by the county auditor, and making such a request;
(3) Telephoning or emailing the county auditor to transfer the registration; or
(4) Submitting a voter registration application.
Sec. 4.  RCW 29A.40.160 and 2011 c 10 s 43 are each amended to read as follows:
(1) Each county auditor shall open a voting center each primary, special election, and general election. The voting center shall be open during business hours during the voting period, which begins eighteen days before, and ends at 8:00 p.m. on the day of, the primary, special election, or general election.
(2) ((The)) Each county auditor shall register voters in person at each of the following locations in the county:
(a) At the county auditor's office;
(b) At the division of elections, if located in a separate city from the county auditor's office; and
(c) For each presidential general election, at a voting center in each city in the county with a population of one hundred thousand or greater, which does not have a voting center as required in (a) or (b) of this subsection. A voting center opened pursuant to this subsection is not required to be open on the Sunday before the presidential election.
(3) Voting centers shall be located in public buildings including, but not limited to, libraries.
(4) Each voting center must provide voter registration materials, ballots, provisional ballots, disability access voting units, sample ballots, instructions on how to properly vote the ballot, a ballot drop box, and voters' pamphlets, if a voters' pamphlet has been published.
(((3) The)) (5) Each voting center must be accessible to persons with disabilities. Each state agency and entity of local government shall permit the use of any of its accessible facilities as voting centers when requested by a county auditor.
(((4) The)) (6) Each voting center must provide at least one voting unit certified by the secretary of state that provides access to individuals who are blind or visually impaired, enabling them to vote with privacy and independence.
(((5))) (7) No person may interfere with a voter attempting to vote in a voting center. Interfering with a voter attempting to vote is a violation of RCW 29A.84.510.
(((6))) (8) Before opening the voting center, the voting equipment shall be inspected to determine if it has been properly prepared for voting. If the voting equipment is capable of direct tabulation of each voter's choices, the county auditor shall verify that no votes have been registered for any issue or office, and that the device has been sealed with a unique numbered seal at the time of final preparation and logic and accuracy testing. A log must be made of all device numbers and seal numbers.
(((7))) (9) The county auditor shall require any person desiring to vote at a voting center to either sign a ballot declaration or provide identification.
(a) The signature on the declaration must be compared to the signature on the voter registration record before the ballot may be counted. If the voter registered using a mark, or can no longer sign his or her name, the election officers shall require the voter to be identified by another registered voter.
(b) The identification must be valid photo identification, such as a driver's license, state identification card, student identification card, tribal identification card, or employer identification card. Any individual who desires to vote in person but cannot provide identification shall be issued a provisional ballot, which shall be accepted if the signature on the declaration matches the signature on the voter's registration record.
(((8))) (10) Provisional ballots must be accompanied by a declaration and security envelope, as required by RCW 29A.40.091, and space for the voter's name, date of birth, current and former registered address, reason for the provisional ballot, and disposition of the provisional ballot. The voter shall vote and return the provisional ballot at the voting center. The voter must be provided information on how to ascertain whether the provisional ballot was counted and, if applicable, the reason why the vote was not counted.
(((9))) (11) Any voter may take printed or written material into the voting device to assist in casting his or her vote. The voter shall not use this material to electioneer and shall remove it when he or she leaves the voting center.
(((10))) (12) If any voter states that he or she is unable to cast his or her votes due to a disability, the voter may designate a person of his or her choice, or two election officers, to enter the voting booth and record the votes as he or she directs.
(((11))) (13) No voter is entitled to vote more than once at a primary, special election, or general election. If a voter incorrectly marks a ballot, he or she may be issued a replacement ballot.
(((12))) (14) A voter who has already returned a ballot but requests to vote at a voting center shall be issued a provisional ballot. The canvassing board shall not count the provisional ballot if it finds that the voter has also voted a regular ballot in that primary, special election, or general election.
(((13))) (15) The county auditor must prevent overflow of each ballot drop box to allow a voter to deposit his or her ballot securely. Ballots must be removed from a ballot drop box by at least two people, with a record kept of the date and time ballots were removed, and the names of people removing them. Ballots from drop boxes must be returned to the counting center in secured transport containers. A copy of the record must be placed in the container, and one copy must be transported with the ballots to the counting center, where the seal number must be verified by the county auditor or a designated representative. All ballot drop boxes must be secured at 8:00 p.m. on the day of the primary, special election, or general election.
(((14))) (16) Any voter who is inside or in line at the voting center at 8:00 p.m. on the day of the primary, special election, or general election must be allowed to vote.
(((15))) (17) For each primary, special election, and general election, the county auditor may provide election services at locations in addition to ((the)) voting centers. The county auditor has discretion to establish which services will be provided at the additional locations, and which days and hours the locations will be open.
NEW SECTION.  Sec. 5.  This act takes effect upon implementation of uniform voter registration software in the state of Washington and a majority of counties. The secretary of state must provide notice of the effective date of this section to affected parties, the chief clerk of the house of representatives, the secretary of the senate, the office of the code reviser, and others as deemed appropriate by the secretary of state.
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