WSR 98-19-063
PERMANENT RULES
SECRETARY OF STATE
[Filed September 16, 1998, 3:31 p.m.]
Date of Adoption: September 16, 1998.
Purpose: To implement chapter 138, Laws of 1998 (SHB 2351) and to simplify existing language regarding the administration of the address confidentiality program (ACP).
WAC 434-840-001, cites codified RCW instead of chapter laws of 1991.
WAC 434-840-005, cites codified RCW instead of chapter laws of 1991. Includes victims of sexual assault in ACP services provided by application assistants. Defines substitute mailing address.
WAC 434-840-010, clarifies that the substitute address may be used for work and school addresses as well as home address. Clarifies the effective date of program participation.
WAC 434-840-020, clarifies that the substitute address may be used for work and school addresses as well as home address. Clarifies existing language.
WAC 434-840-030, identifies the need for ACP to inform the county auditor when program participants renew their certification in the program.
WAC 434-840-040, removes current language that gives more authority to the program than is defined in RCW. Identifies the need for ACP to notify program participants that their certification has been terminated. Identifies the need for ACP to inform the county auditor when ACP terminates a program participant's certification.
WAC 434-840-060, removes language that gives more authority to the program than is defined in RCW.
WAC 434-840-070, cites codified RCW instead of chapter laws of 1991. Simplifies current language.
WAC 434-840-080, clarifies the methods by which program participants may be served legal documents. Cites codified RCW instead of chapter laws of 1991.
WAC 434-840-100, simplifies existing language regarding the methods used by program participants to apply for confidential records status.
WAC 434-840-110, allows authorized personnel to make a photocopy of a program participant's identification card.
WAC 434-840-200, simplifies existing language regarding the methods used by program participants to apply for confidential marriage license.
WAC 434-840-210, simplifies existing language regarding the methods used by program participants to apply for confidential marriage license.
WAC 434-840-220, clarifies the method for county auditors to maintain confidential marriage license application, certificate, or record for ACP participants who request it.
WAC 434-840-230, simplifies existing language regarding transmission of confidential marriage certificates to the Department of Health.
WAC 434-840-240, simplifies language describing the method by which a program participant may obtain a copy of their confidential certified marriage certificate.
WAC 434-840-310, simplifies language describing how program participants may apply for protected records voter status. Allows an ACP application for an "over-the-counter" absentee ballot to be made no later than the day before the election. Allows an ACP application for a "mail" ballot to be accepted no later than twenty days before the first election.
WAC 434-840-320, clarifies existing language regarding the county's protected records voter records.
WAC 434-840-330, requires county auditors to maintain a record of the ACP ballots issued and returned.
WAC 434-840-340, clarifies existing language for processing protected records voter ballots. Allows county auditors to notify protected records voter that they have neglected to sign the absentee ballot by mailing the voter a copy of their ballot envelope.
WAC 434-840-350, clarifies existing language for canvassing protected records voter ballots.
WAC 434-840-360, directs address confidentiality program to contact authorized personnel if protected records voter ballot is returned to the program by the post office.
Repeals WAC 434-840-050, 434-840-090, 434-840-120, 434-840-130, and 434-840-300.
Citation of Existing Rules Affected by this Order: Repealing WAC 434-840-050, 434-840-090, 434-840-120, 434-840-130, and 434-840-300; and amending WAC 434-840-001, 434-840-005, 434-840-010, 434-840-020, 434-840-030, 434-840-040, 434-840-060, 434-840-070, 434-840-080, 434-840-100, 434-840-110, 434-840-200, 434-840-210, 434-840-220, 434-840-230, 434-840-240, 434-840-310, 434-840-320, 434-840-330, 434-840-340, 434-840-350, and 434-840-360.
Statutory Authority for Adoption: RCW 40.24.090.
Adopted under notice filed as WSR 98-14-006 on June 19, 1998.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 1, repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, amended 0, repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 22, repealed 5.
Number of Sections Adopted Using Negotiated Rule Making: New 0, amended 23, repealed 5; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.
Effective Date of Rule: Thirty-one days after filing.
August 6, 1998
Tracy Guerin
Deputy Secretary of State
OTS-2260.2
AMENDATORY SECTION (Amending WSR 91-20-074, filed 9/26/91, effective 10/27/91)
WAC 434-840-001 Authority and purpose. These rules are
adopted pursuant to ((chapter 40.__ RCW (sections 3(1), 3(3) and
9, chapter 23, Laws of 1991))) RCW 40.24.030 and 40.24.090. The
purpose of this chapter is to provide the administrative
procedures necessary to implement chapter ((23, Laws of 1991))
40.24 RCW; to provide a procedure for state and local agencies to
respond to requests for public records without disclosing the
location of a program participant; to provide a procedure to
facilitate interagency cooperation in providing ((record))
address confidentiality for a program participant; to establish
uniform state-wide procedures for maintaining the confidentiality
of a program participant's name and address information in
marriage and voting records; and to provide a procedure for state
and local agencies to accept a program participant's use of a
substitute mailing address.
[Statutory Authority: 1991 c 23. 91-20-074, § 434-840-001, filed 9/26/91, effective 10/27/91.]
AMENDATORY SECTION (Amending WSR 91-20-074, filed 9/26/91, effective 10/27/91)
WAC 434-840-005 Definitions. For the purposes of this chapter:
(1) "Address confidentiality program ((manager))" means the
agency employee designated by the secretary of state with
responsibility for developing and administering the program that
implements the provisions of chapter ((23, Laws of 1991)) 40.24
RCW.
(2) "Agency" means an office, department, division, bureau, board, commission, or other statutory unit of state or local government or any functional subdivision of that agency.
(3) "Application assistant" means an employee of a state or local agency, or of a nonprofit program that provides counseling, referral, or shelter services to victims of sexual assault or domestic violence, who has been designated by the respective agency, and has been accepted and registered by the secretary of state to assist individuals in the completion of program participation applications.
(4) "Authorization card form" means the incomplete form for an authorization card on which no identifying program participant information has been entered.
(5) "Authorized personnel" means an employee of a county
auditor's office, a county recording office, the Washington state
department of health, or the office of the secretary of state who
has been designated by the chief executive officer of the
respective agency, to process and have access to voter
application, voting records, ((and)) marriage applications and
records pertaining to program participants.
(6) "Bona fide statutory or administrative requirement" means that without possession of an individual's actual address the agency is unable to fulfill its statutory duties and obligations.
(7) "Protected records voter" means a program participant who has applied and qualified as a service voter, as provided under RCW 29.01.155, with ongoing absentee ballot voter status, as provided under RCW 29.36.013.
(8) "Record" means any information relating to the conduct or performance of a governmental or proprietary function prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics.
(9) "Substitute mailing address ((for voting purposes))"
means ((a)) the mailing address designated ((on the program
participant's service voter application as the address to which
the program participant's absentee ballots shall be sent, but))
by the secretary of state which shall not be the program
participant's residential address as ((designated)) documented on
her or his application for program participation.
[Statutory Authority: 1991 c 23. 91-20-074, § 434-840-005, filed 9/26/91, effective 10/27/91.]
AMENDATORY SECTION (Amending WSR 91-20-074, filed 9/26/91, effective 10/27/91)
WAC 434-840-010 Application and certification process. (1)
((An applicant shall complete, date, sign, and)) The program
applicant shall provide all the information required ((under
section 3, chapter 23, Laws of 1991, and as requested on the
standard application form and the authorization card form
provided by the secretary of state)) on the certification
application and date and sign the form. An applicant shall
specify a Washington state residential address ((and the new
address(es) in Washington state)), work, and school addresses, if
any, for which confidentiality is requested. The standard
application form shall also include the application preparation
date, and the signature ((and registration number)) of the
application assistant ((who assisted the applicant in applying to
be a program participant,)) as provided in ((section 8, chapter
23, Laws of 1991)) RCW 40.24.080.
(2) An individual who has filed a properly completed application shall be certified as a program participant and issued a program participant authorization card. The authorization card shall include the program participant's name, authorization code, substitute mailing address, certification expiration date, and applicant's signature.
(3) A properly completed application shall be ((filed))
effective on the day ((that)) it is received by the address
confidentiality program ((manager)).
(((3) An individual who has filed a properly completed
application shall be certified as a program participant and
issued a program participant authorization card which includes
the program participant's name, authorization code, substitute
mailing address, certification expiration date, and applicant's
signature.))
(4) The term of a program participant's certification shall
be four years following the ((filing)) effective date of her or
his application unless the certification is withdrawn or
invalidated before that date.
[Statutory Authority: 1991 c 23. 91-20-074, § 434-840-010, filed 9/26/91, effective 10/27/91.]
AMENDATORY SECTION (Amending WSR 91-20-074, filed 9/26/91, effective 10/27/91)
WAC 434-840-020 Exercise of program participant's
privileges. (1) At the time any state or local government agency
creates a new record or updates an existing record, a program
participant may request((, at the time of creation of a new
record,)) that ((an)) the agency use the substitute mailing
address ((designated by the secretary of state as her or his)) as
the participant's residence, work and/or school address.
(2) A program participant shall show her or his
authorization card to the agency official creating a new record
and request address confidentiality through the use of the
((designated address)) substitute mailing address as it appears
on the authorization card, in lieu of her or his actual location.
((The designated address shall appear on the program
participant's authorization card.))
(3) ((Authorized personnel)) The agency official creating a
new record may make a file photocopy of the authorization card
and shall immediately return the authorization card to the
program participant.
(4) An agency shall accept the ((designated)) substitute
mailing address unless the agency has received a written
((record)) exemption ((determination)) from the secretary of
state pursuant to RCW 40.24.050 and WAC 434-840-070.
[Statutory Authority: 1991 c 23. 91-20-074, § 434-840-020, filed 9/26/91, effective 10/27/91.]
AMENDATORY SECTION (Amending WSR 91-20-074, filed 9/26/91, effective 10/27/91)
WAC 434-840-030 Certification renewal. (1) A program
participant may renew her or his program ((participation))
certification by filing with the address confidentiality program
((manager)): (a) Her or his current authorization card; (b) a
properly completed certification renewal form; and (c) a new
authorization card form ((provided by the secretary of state)).
The program participant shall ((complete, date, sign, and))
provide all the information required on the certification renewal
form and date and sign the form.
(2) The address confidentiality program ((manager)) shall:
(a) Certify a program participant, who has filed a properly
completed certification renewal form, to participate in the
program for an additional four year term unless the certification
is withdrawn or invalidated before that date; (b) issue to the
program participant a new authorization card which includes the
program participant's name, authorization code, substitute
mailing address, certification expiration date, and signature;
((and)) (c) if the participant is a protected records voter,
notify in writing the authorized personnel of the appropriate
county auditor's office((, county recording office, and
department of health of the certification renewal of a program
participant)); and (d) if the participant has a protected
marriage license, notify in writing the authorized personnel of
the department of health and the appropriate county auditor's
office.
[Statutory Authority: 1991 c 23. 91-20-074, § 434-840-030, filed 9/26/91, effective 10/27/91.]
AMENDATORY SECTION (Amending WSR 91-20-074, filed 9/26/91, effective 10/27/91)
WAC 434-840-040 Certification withdrawal, invalidation,
expiration, and termination. (1) A program participant may
withdraw from program participation by submitting to the address
confidentiality program ((manager)): (((a))) Written
notification of withdrawal and (((b))) her or his current
authorization card. Certification shall be terminated on the
date of receipt of this notification.
(2) The address confidentiality program ((manager may))
shall terminate a program participant's certification and
invalidate her or his authorization card if: (a) The program
participant's certification term has expired and certification
renewal has not been completed; (b) the address confidentiality
program ((manager)) has determined that (((i))) false information
was used in the application process ((or (ii) participation in
the program is being used as a subterfuge to avoid detection of
illegal or criminal activity or apprehension by law enforcement;
(c) the program participant no longer resides at the residential
address listed on the application, and has not provided seven
days' prior notice in writing of a change in address; (d) a
service of process document or mail forwarded to the program
participant by the address confidentiality program is returned as
nondeliverable; (e))); or (c) the program participant obtains a
legal name change((; (f) the program participant fails to attend
a specified meeting or fails to meet agency regulatory compliance
standards as provided in WAC 434-840-090; or (g) the program
participant fails to submit program experience and information
survey forms requested by the address confidentiality program
manager)).
(3) The address confidentiality program may terminate a program participant's certification and invalidate her or his authorization card if: (a) The program participant no longer resides at the residential address listed on the application, and has not provided seven days' prior notice in writing of a change of address; or (b) first class mail, certified mail, or a service of process document forwarded to the program participant by the address confidentiality program is returned as nondeliverable or unclaimed.
(4) If termination is a result of subsection (2)(((a), or
(c) through (g))) or (3) of this section, the address
confidentiality program ((manager)) shall send written
notification of the ((intended)) termination to ((the program
participant)) the participant's last known mailing or residential
address. The program participant shall have five business days
in which to appeal the termination under procedures developed by
the secretary of state.
(((4))) (5) The address confidentiality program shall notify
the appropriate authorized personnel when a participant has been
terminated from the program. The authorized personnel shall
transmit to the address confidentiality program all appropriate
administrative records pertaining to the participant. The
transmitting agency is no longer responsible for maintaining
record confidentiality for a terminated program participant under
chapter 40.24 RCW.
(a) If the terminated participant had a protected marriage
record, the address confidentiality program ((manager)) shall
notify in writing authorized personnel of the department of
health and the appropriate county auditor's office((, county
recording office, and department of health of the program
participant's certification withdrawal, invalidation, expiration,
or termination.
(5) Upon receipt of this termination notification: (a)
Authorized personnel shall transmit to the address
confidentiality program manager all appropriate administrative
records pertaining to the program participant, using the
confidential record transmission envelopes specially designed for
this purpose; and (b) the record transmitting agency is no longer
responsible for maintaining a terminated program participant's
record confidentiality as provided under chapter 23, Laws of
1991.
(6) Following termination of program participant
certification as a result of subsection (2)(b) of this section,
the address confidentiality program manager may disclose
information contained in the program participant's application))
of the participant's termination.
(b) If the terminated participant was a protected records voter, the address confidentiality program shall notify in writing authorized personnel of the county auditor's office of the participant's termination.
[Statutory Authority: 1991 c 23. 91-20-074, § 434-840-040, filed 9/26/91, effective 10/27/91.]
AMENDATORY SECTION (Amending WSR 91-20-074, filed 9/26/91, effective 10/27/91)
WAC 434-840-060 Information release to law enforcement ((or
upon court order)) agency. ((The disclosure of any marriage
application or record, or voter application record, or
information about a program participant, requested by a law
enforcement agency or by direction of court order pursuant to
sections 6, 7, and 12, chapter 23, Laws of 1991:
(1) Shall be in response to receipt of a written or faxed
request directed to a county auditor, a county recording officer,
the secretary of state, or the secretary of health: (a))) A
request from a law enforcement agency for release of records in a
program participant's file shall be in writing, on agency
letterhead stationery, and shall contain (((i))) the signature of
the agency's chief law enforcement officer as defined in RCW
10.98.040, (((ii))) the request date, (((iii))) and the name of
the program participant((, (iv) the cause or reason for the
requested information disclosure, and (v) state the purpose which
the requested information will serve; (b) the county auditor,
county recording officer, secretary of state, secretary of
health, or authorized personnel may disclose the requested
information to the chief officer of the law enforcement agency or
to the person identified in the court order; and (c) unless
specifically prohibited by court order, the county auditor,
county recording officer, secretary of health, or authorized
personnel shall immediately notify the address confidentiality
program manager and the program participant of this information
disclosure and provide a copy of the information disclosure
request; or
(2) May be made by the address confidentiality program
manager in response to her or his determination that an emergency
situation exists and that the safety or health of a program
participant is imperiled by withholding this information.
(3) Program participant information disclosed to a law
enforcement agency or to a person identified in a court order
shall be maintained in strict confidentiality by the party
receiving information)).
[Statutory Authority: 1991 c 23. 91-20-074, § 434-840-060, filed 9/26/91, effective 10/27/91.]
AMENDATORY SECTION (Amending WSR 91-20-074, filed 9/26/91, effective 10/27/91)
WAC 434-840-070 Agency exemption request. (1) An agency
requesting an exemption under ((section 5, chapter 23, Laws of
1991)) RCW 40.24.050, must provide in writing to the secretary of
state: (a) Identification of the statute or administrative rule
which demonstrates the agency's bona fide requirement and
authority for the use of the actual address of an individual; (b)
identification and description of the specific record or record
series for which the exemption is requested; (c) ((description of
the specific record or record series; (d))) identification of the
individuals who will have access to the record; (((e))) (d)
explanation of how the agency's acceptance of a substitute
address will prevent the agency from meeting its obligations
under the statute or rule identified above; and (((f))) (e)(i)
explanation of why the agency cannot meet its statutory or
administrative obligations by a change in its internal
procedures; and, where appropriate, (ii) description of any
agency procedural change(s) that could be made that would allow
it to accept the substitute address and meet its statutory or
administrative obligations and an estimate of implementation time
needed.
(2) The secretary of state shall file and review an agency's request for an exemption.
(3) During the review, evaluation and appeal of an agency's exemption request, the agency shall accept the use of a program participant's substitute address.
(4) The secretary of state's determination to grant or withhold a requested exemption shall be based on, but not limited to, an evaluation of the information provided under subsection (1) of this section in conformance with the statutory standard of a bona fide statutory or administrative requirement for the use of a program participant's actual address.
(5) If the secretary of state determines that an agency has
a bona fide statutory or administrative requirement for the use
of a program participant's actual address information and that
the actual address information will be used only for those
statutory and administrative purposes, the secretary may issue a
written exemption ((determination)) for the agency. When
granting an exemption, the secretary may include: (a) an
agency's obligation to maintain the confidentiality of a program
participant's address information; (b) limitations on use and
access to that address information; (c) term during which the
exemption is authorized for the agency; (d) designation of the
record format on which the address information may be maintained;
(e) designation of an address information disposition date after
which the agency may no longer maintain a record of the address
information; and (f) any other provisions and qualifications
determined appropriate by the secretary of state.
(6) When a program participant requests use of the
substitute address in a record, and the agency has received an
exemption ((determination)) for that record, the agency shall
immediately provide a copy of the written ((determination))
exemption to the requesting program participant. The agency
shall notify the address confidentiality program ((manager)) of
the occurrence and denial of the program participant's request.
(7) The secretary of state's denial of an agency exemption request shall be made in writing and include a statement of the specific reasons therefor.
(8) An agency may appeal the denial of its request by resubmitting its written request together with additional data, information, and an explanation of corrective action taken to alleviate concerns and considerations included in the secretary of state's denial determination.
[Statutory Authority: 1991 c 23. 91-20-074, § 434-840-070, filed 9/26/91, effective 10/27/91.]
AMENDATORY SECTION (Amending WSR 91-20-074, filed 9/26/91, effective 10/27/91)
WAC 434-840-080 Service of process. (1) The secretary of state shall be an agent of the program participant upon whom any summons, writ, notice, demand, or process may be served.
(2) Service on the secretary of state of any such summons,
writ, demand, notice, or process shall be made by mailing to the
substitute address or by delivering to the ((address
confidentiality program manager of the office of the)) secretary
of state at his/her office in the Legislative Building, Olympia,
WA: (a) Two copies of the summons, writ, notice, demand, or
process; and (b) twenty-five dollars service-of-process fee for
each action or document filed.
(3) If a summons, writ, notice, demand, or process is served
on the secretary of state, the secretary of state shall
immediately ((cause)) forward a copy ((to be forwarded)) to the
program participant at the participant's current mailing address
((as)) shown on the records ((of the address confidentiality
program)).
(4) The secretary of state shall ((keep)) maintain in the
program participant's file, a record of all summonses, writs,
notices, demands, and processes served upon the secretary of
state for that participant under ((section 3(b) of chapter 23,
Laws of 1991, and shall record the time)) RCW 40.24.030 (1)(b),
which shall include the date of such service and the secretary of
state's action.
[Statutory Authority: 1991 c 23. 91-20-074, § 434-840-080, filed 9/26/91, effective 10/27/91.]
AMENDATORY SECTION (Amending WSR 91-20-074, filed 9/26/91, effective 10/27/91)
WAC 434-840-100 Acknowledgement for marriage and voting
record confidentiality. (1) When a program participant requests
((name and address)) confidentiality for marriage records, both
the program participant and her or his ((fiance(e))) intended
spouse shall sign and date ((an acknowledgement form,)) a
statement provided by the secretary of state, that ((specifies
record)) describes access limitations on confidential marriage
records.
(2) When a program participant requests ((name and address))
confidentiality for voting records, ((the program participant))
she or he shall sign ((an acknowledgement form,)) a statement
provided by the secretary of state, that documents the date of
this request and ((outlines)) the ongoing absentee ballot voting
process to be used ((by protected record voters)).
(3) The ((county auditor, county recording officer, or))
authorized personnel shall keep the original copy of this signed
acknowledgement, forward ((a duplicate)) one copy to the address
confidentiality program ((in an envelope provided especially for
that purpose,)) and give ((a duplicate)) one copy to the program
participant.
[Statutory Authority: 1991 c 23. 91-20-074, § 434-840-100, filed 9/26/91, effective 10/27/91.]
AMENDATORY SECTION (Amending WSR 91-20-074, filed 9/26/91, effective 10/27/91)
WAC 434-840-110 Proof of program participant's authority.
(1) When a program participant requests name and address
confidentiality for marriage or voting records, authorized
personnel shall check the authorization card to confirm that the
term of program participation has not expired and that the
program participant's signature ((of the program participant)) on
the authorization card matches that on the acknowledgement form.
(2) Authorized personnel may make a photocopy of the program participant's authorization card. The authorization card shall be immediately returned to the program participant. The photocopy shall be kept with the confidential marriage or voting records for this program participant during the time the records are filed and maintained by the county auditor or county recording officer.
[Statutory Authority: 1991 c 23. 91-20-074, § 434-840-110, filed 9/26/91, effective 10/27/91.]
AMENDATORY SECTION (Amending WSR 91-20-074, filed 9/26/91, effective 10/27/91)
WAC 434-840-200 Notification for marriage record
confidentiality. A program participant shall notify the
appropriate county auditor or county recording officer of her or
his request for ((name and address information)) confidentiality
in marriage records by appearing in person with her or his
((fiance(e))) intended spouse before the county auditor or county
recording officer.
[Statutory Authority: 1991 c 23. 91-20-074, § 434-840-200, filed 9/26/91, effective 10/27/91.]
AMENDATORY SECTION (Amending WSR 91-20-074, filed 9/26/91, effective 10/27/91)
WAC 434-840-210 Marriage application. (1) Authorized
personnel shall verify that the application for a marriage
license and certificate of marriage form are ((correctly))
completed in full. The certificate of marriage ((form)) shall
contain the program participant's authorization code and
expiration date.
(2) Authorized personnel shall provide the program participant with a "confidential records" envelope in which the program participant shall transmit all completed marriage documents to the county auditor or county recording officer.
[Statutory Authority: 1991 c 23. 91-20-074, § 434-840-210, filed 9/26/91, effective 10/27/91.]
AMENDATORY SECTION (Amending WSR 91-20-074, filed 9/26/91, effective 10/27/91)
WAC 434-840-220 Marriage record filing. ((Upon recording a
completed marriage license application, certificate, or record,
if the county auditor or county recording officer notes the
presence of a confidential record in the recording index, this
notation shall be made in a manner appropriate to maintaining the
confidentiality of name and address information contained in that
document.)) Any notation of a confidential marriage license
application, certificate, or record, by authorized personnel
shall be made in a manner that preserves the confidentiality of
the information contained in that document.
[Statutory Authority: 1991 c 23. 91-20-074, § 434-840-220, filed 9/26/91, effective 10/27/91.]
AMENDATORY SECTION (Amending WSR 91-20-074, filed 9/26/91, effective 10/27/91)
WAC 434-840-230 Marriage record transmission to department
of health. The county ((auditor, county recording officer, or))
authorized personnel shall transmit a ((correctly)) completed
marriage certificate containing the name and address of a program
participant, to the department of health in an envelope
distinctly marked "confidential records."
[Statutory Authority: 1991 c 23. 91-20-074, § 434-840-230, filed 9/26/91, effective 10/27/91.]
AMENDATORY SECTION (Amending WSR 91-20-074, filed 9/26/91, effective 10/27/91)
WAC 434-840-240 Certified copy of marriage certificates.
((A certified copy of a marriage certificate containing the name
of a program participant is only available through the address
confidentiality program.)) Upon the request of a program
participant, accompanied by the appropriate fee, the address
confidentiality program ((manager)) may request in writing a
certified copy of a program participant's marriage certificate((.
This written request may be directed to the originating county
auditor, county recording office, or the department of health.
The request shall accompany a complete application for certified
copy and correspondent fee. The requested certified copy shall
be provided to the address confidentiality program manager, who
is responsible for its subsequent release)) from the agency
maintaining that record and release it to the program
participant. A certified copy of a marriage certificate
containing the name of the program participant is only available
through the address confidentiality program.
[Statutory Authority: 1991 c 23. 91-20-074, § 434-840-240, filed 9/26/91, effective 10/27/91.]
AMENDATORY SECTION (Amending WSR 91-20-074, filed 9/26/91, effective 10/27/91)
WAC 434-840-310 Protected records voter application. (1) A
program participant shall notify the appropriate county
authorized personnel of her or his request for confidentiality in
voting records by appearing in person before the appropriate
county authorized personnel. The program participant shall: (a)
Present her or his program authorization card; (b) cancel any
previously existing voter registration; and (((b))) (c) apply to
vote by providing all the information required on the address
confidentiality program ongoing absentee ballot application.
(2) ((The program participant shall designate a substitute
mailing address for voting purposes.
(3))) The program participant shall disclose the actual
address of her or his residence only for the purpose of
determining proper precinct and district designations.
(((4))) (3) An application for protected records voter
status and an absentee ballot to be issued to the participant in
person, may be made no later than the day before an election. An
application for ((a)) protected records voter status and an
absentee ballot to be mailed to ((a)) the substitute mailing
address ((for voting purposes)) shall be made no later than
twenty working days before the first election in which the
program participant wishes to vote.
[Statutory Authority: 1991 c 23. 91-20-074, § 434-840-310, filed 9/26/91, effective 10/27/91.]
AMENDATORY SECTION (Amending WSR 91-20-074, filed 9/26/91, effective 10/27/91)
WAC 434-840-320 Maintaining protected records voter
information. All records pertaining to a protected records voter
shall be ((confidentially)) maintained in a manner ensuring that
these records are accessible only to authorized personnel((,
except as provided by WAC 434-840-060)). A protected records
voter shall not be included in any registered voter list,
absentee ballot list, tape, label, or poll book. Information
pertaining to a protected records voter shall not be publicly
accessible regardless of the type of records management system
except as provided by RCW 40.24.060.
[Statutory Authority: 1991 c 23. 91-20-074, § 434-840-320, filed 9/26/91, effective 10/27/91.]
AMENDATORY SECTION (Amending WSR 91-20-074, filed 9/26/91, effective 10/27/91)
WAC 434-840-330 Mailing protected records voter ballots.
At least twenty days before every special, primary, or general
election, authorized personnel shall review all protected records
voter files and forward the appropriate ongoing absentee ballot
for each protected records voter via the ((designated))
substitute mailing address ((for voting purposes)).
The county authorized shall maintain a record of ballots sent to protected records voters and a record of ballots returned. This record shall be maintained in accordance with WAC 434-840-320.
[Statutory Authority: 1991 c 23. 91-20-074, § 434-840-330, filed 9/26/91, effective 10/27/91.]
AMENDATORY SECTION (Amending WSR 91-20-074, filed 9/26/91, effective 10/27/91)
WAC 434-840-340 Processing protected records voter ballot.
(1) The ongoing absentee ballot for a protected records voter
shall be ((processed by)) prepared by county authorized personnel
in the following manner:
(a) The ballot((,)) and corresponding ((reader)) voter's
guide, ((or paper ballot)) shall be ((grouped and)) placed with
ballot security envelope, return envelope with oath((, mailing
envelope, and protected records voter)) in an envelope addressed
to the substitute address;
(b) The voter's name, and authorization code((, and
substitute mailing address for voting purposes)) shall be entered
onto the ((mailing)) return envelope((;
(c) The information shall be completed on the protected
records voter envelope)) to ensure that the returned ballot will
be segregated and routed to authorized personnel for processing;
(((d))) (2) The voted absentee ballot for a protected
records voter shall be processed by county authorized personnel
in the following manner:
(a) The authorized personnel shall compare the signature on
the returned ballot envelope ((shall be compared)) with the
signature on the ((service voter)) address confidentiality
program ongoing absentee ballot application;
(((e))) (b) If the signature does not correspond to the
signature on file, indication of this discrepancy shall be
entered onto the return envelope; and
(((f) Whenever the signature on a protected records voter
ongoing absentee ballot return envelope does not match the
signature on the application on file the address confidentiality
program manager shall (i) be notified of the discrepancy, (ii)
locate the program participant and)) county authorized personnel
shall notify the address confidentiality program.
(c) The address confidentiality program shall, upon receipt
of a notice pursuant to (b) of this subsection attempt to
determine the cause of the discrepancy, and (((iii))) notify the
appropriate county ((auditor or county recording officer of the
cause of the discrepancy)) authorized personnel of any relevant
information, that should be considered by the county canvassing
board.
(4) If the protected records voter neglects to sign the affidavit on the return envelope, the county authorized personnel shall notify the protected records voter by first class mail of that fact. The authorized personnel may provide the voter with a copy of the return envelope affidavit and require the voter to sign the copy of the affidavit and mail it back to the auditor so that it arrives not later than the day before the certification of the primary or election. Authorized personnel shall keep a record of the date on which the notice was mailed to the protected records voter as well as the date on which the voter signed the return envelope or the copy of the return envelope affidavit.
[Statutory Authority: 1991 c 23. 91-20-074, § 434-840-340, filed 9/26/91, effective 10/27/91.]
Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION (Amending WSR 97-21-045, filed 10/13/97, effective 11/13/97)
WAC 434-840-350 Canvassing procedure for a special ballot
of a protected records voter. A special ballot, as defined in
WAC 434-240-010(13), of a protected records voter shall be
presented to the canvassing board((, meeting)) in executive
session. ((The canvassing board shall designate authorized
personnel to verify the contents of the ballot. Authorized
personnel shall remove the protected records voter envelope,
prepare the ballot in the ballot security envelope, and verify
the contents of the ballot for tabulation. The return envelope
and the protected records voter envelope shall be placed in
security with all other voting records for the program
participant. The discardable envelopes may be destroyed under
statutory provisions applicable to election materials.))
[Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 97-21-045, § 434-840-350, filed 10/13/97, effective 11/13/97. Statutory Authority: 1991 c 23. 91-20-074, § 434-840-350, filed 9/26/91, effective 10/27/91.]
AMENDATORY SECTION (Amending WSR 91-20-074, filed 9/26/91, effective 10/27/91)
WAC 434-840-360 Undeliverable ballot. If any protected
records voter's ongoing absentee ballot is declared undeliverable
by the post office and returned, ((the county auditor or county
recording officer shall notify)) to the address confidentiality
program ((manager.)), the address confidentiality program
((manager)) shall attempt to determine the cause of this
occurrence and inform the county ((auditor or county recording
officer of)) authorized personnel of any relevant information
regarding the reason for the ballot's return.
[Statutory Authority: 1991 c 23. 91-20-074, § 434-840-360, filed 9/26/91, effective 10/27/91.]
REPEALER
The following sections of the Washington Administrative Code are repealed:
WAC 434-840-050 Notification of program participant status.
WAC 434-840-090 Program participant compliance with agency rules.
WAC 434-840-120 Record confidentiality.
WAC 434-840-130 Agency response to public disclosure requests.
WAC 434-840-300 Notification for voting record confidentiality.