Subject of Possible Rule Making: Voter registration challenge form.

     Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 29A.08.850.

     Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The purpose of this rule making is to change the form for filing a voter registration challenge. The current voter registration challenge form does not satisfy the requirements for an affidavit because it does not include a space for the challenger to state the place that the affidavit was signed. The current form also does not require the challenger to state the factual basis for the challenge.

     Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The United States Department of Justice enforces the Voting Rights Act. Under some circumstances, requiring a county auditor to conduct a voter registration challenge hearing without prima facie evidence that the registration is improper could violate Section 2 of the Voting Rights Act, 42 U.S.C. §1973(a). Concerns in this regard have been expressed to the Office of the Secretary of State by representatives of the United States Department of Justice.

     Process for Developing New Rule:       Negotiated rule making.

     Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Katie Blinn, Elections Division, P.O. Box 40220, Olympia, WA 98504, (360) 902-4168.

April 28, 2005

Steve Excell

Assistant Secretary of State

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