WSR 06-11-041

PERMANENT RULES

SECRETARY OF STATE


(Elections Division)

[ Filed May 10, 2006, 2:42 p.m. , effective June 10, 2006 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: Rules regarding the voter registration database include the following topics: Data entry; frequency of duplicate and death checks; incapacitated persons; voter registration challenges; lists of registered voters and disaster recovery and security plans.

Citation of Existing Rules Affected by this Order: Amending WAC 434-324-010, 434-324-055, 434-324-085, 434-324-090, 434-324-100, 434-324-113, and 434-324-160.

Statutory Authority for Adoption: RCW 29A.04.611.

Adopted under notice filed as WSR 06-07-162 on March 22, 2006.

Changes Other than Editing from Proposed to Adopted Version: WAC 434-324-010 is changed to state county auditors may combine the lists of active and canceled voters.

Proposed changes to WAC 434-324-106 are not adopted due to a King County Superior Court ruling on felon voting eligibility, Madison v. State of Washington, No. 04-2-33414-4.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 1, Amended 6, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 2, Amended 7, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 2, Amended 7, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: May 9, 2006.

Steve Excell

Assistant Secretary of State

OTS-8683.3


AMENDATORY SECTION(Amending WSR 05-24-039, filed 11/30/05, effective 12/31/05)

WAC 434-324-010   County election management system -- Applications for voter registration.   (1) Each auditor must enter and maintain voter registration records in the official statewide voter registration data base by using a county election management system. Each record must contain at least the following information from the voter registration form in a format compatible with the official statewide voter registration data base:

(a) Name;

(b) Complete residential address;

(c) Complete mailing address;

(d) County registration number;

(e) State registration number;

(f) Gender;

(g) Date of birth;

(h) Date of registration;

(i) Applicable district and precinct codes;

(j) ((Five)) Dates upon which the individual has voted ((since establishing that registration record)), if available;

(k) Washington state driver license number, Washington state identification card number, or the last four digits of the applicant's Social Security number if he or she does not have a Washington state driver license or Washington state identification card; and

(l) A scanned image file (format .tiff) of the applicant's signature.

(2) ((The auditor may also assign numeric or alphabetic codes for city names in order to facilitate economical storage of the voter's address.

(3))) In the case of an applicant who applies for voter registration by mail and sends a copy of an alternative form of identification for registration purposes, pursuant to RCW 29A.08.113, the auditor must either maintain a scanned image of the identifying document or make a notation in the registration record indicating which alternative form of identification was sent to the auditor.

(((4))) (3) Upon entry of an applicant's information, the auditor must check for duplicate entries.

(4) Each auditor must have a quality assurance program to maintain accurate data entry into the statewide voter registration data base.

[Statutory Authority: RCW 29A.04.611. 05-24-039, 434-324-010, filed 11/30/05, effective 12/31/05. Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 97-21-045, recodified as 434-324-010, filed 10/13/97, effective 11/13/97; Order 74-4, 434-24-010, filed 6/3/74; Order 6, 434-24-010, filed 3/3/72.]


AMENDATORY SECTION(Amending WSR 05-24-039, filed 11/30/05, effective 12/31/05)

WAC 434-324-055   Duplicate voter registration search conducted by secretary.   Upon receipt of an applicant's electronic voter registration record from the auditor, and on a ((quarterly)) monthly basis pursuant to WAC 434-324-113(3), the secretary must search for potential duplicate registration records in the official statewide voter registration data base, required in RCW 29A.08.651, by comparing the applicant's name and date of birth or other identifying information provided by the applicant on the voter registration form. ((Pursuant to RCW 29A.08.107, if a potential duplicate is identified, the secretary must work with the auditor to determine if the registration record is a transfer, update, or duplicate.)) Duplicates will be determined by comparing the signatures on all available records. If a voter is transferring his or her registration to a new county or if any other information on the application has ((changed)) been updated, the auditor must update the registration record pursuant to RCW 29A.08.107(4). A duplicate registration record must not be entered as a new registration record.

[Statutory Authority: RCW 29A.04.611. 05-24-039, 434-324-055, filed 11/30/05, effective 12/31/05.]


AMENDATORY SECTION(Amending WSR 05-24-039, filed 11/30/05, effective 12/31/05)

WAC 434-324-085   Notice of new registration or transfer.   (1) The auditor must send notification to an individual by nonforwardable, address correction requested mail if an individual:

(a) Registers to vote;

(b) Transfers his/her registration record within the county;

(c) Transfers his or her registration record from another county within Washington state; or

(d) Changes from one precinct to another because of a change in precinct boundaries.

(2) The notice must acknowledge that the request of the individual has been processed and must include:

(a) Voter's full name;

(b) Mailing address;

(c) County name;

(d) Precinct name and/or number; and

(e) ((State registration number;

(f))) The date the voter registered((; and

(g) A signature line for the voter)).

[Statutory Authority: RCW 29A.04.611. 05-24-039, 434-324-085, filed 11/30/05, effective 12/31/05. Statutory Authority: RCW 29A.04.610. 04-15-089, 434-324-085, filed 7/16/04, effective 8/16/04. Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 98-03-033, 434-324-085, filed 1/13/98, effective 2/13/98; 97-21-045, recodified as 434-324-085, filed 10/13/97, effective 11/13/97; Order 74-4, 434-24-085, filed 6/3/74.]


AMENDATORY SECTION(Amending WSR 05-24-039, filed 11/30/05, effective 12/31/05)

WAC 434-324-090   Cancellation due to death -- Process and notification.   (1) An auditor must cancel the voter registration records of a deceased voter as authorized by RCW 29A.08.510.

(2) In addition to comparing a list of deceased persons prepared by the registrar of vital statistics with voter registration records pursuant to RCW 29A.08.510, the secretary may also compare voter registration records with deceased persons information from the Social Security Administration. Comparisons must be conducted on a monthly basis. For any potential matches identified through the registrar of vital statistics or Social Security Administration, the secretary must confirm that the dates of birth are identical. The secretary must generate a list of matching names, identified as potentially deceased voters, and deliver it to the auditor electronically. The auditor must review the list within five days and approve or reject the proposed cancellations. ((Upon the sixth day, if the auditor has failed to approve or reject the proposed cancellations, the official statewide voter registration data base must automatically send notification to the county to cancel the appropriate registrations.)) The secretary may assist the auditor with this review.

[Statutory Authority: RCW 29A.04.611. 05-24-039, 434-324-090, filed 11/30/05, effective 12/31/05.]


AMENDATORY SECTION(Amending WSR 05-24-039, filed 11/30/05, effective 12/31/05)

WAC 434-324-100   Felony conviction -- Notice from county clerk.   Upon receiving official notice from state or federal court of a person's conviction of a felony as outlined in RCW 29A.08.520, the auditor must search his or her county election management system to determine whether the ((potential)) felon named in the official notice is a registered voter. If the auditor finds a match, he or she must confirm that the first name, last name, and date of birth on the official notice match the voter registration record before canceling the felon's voter registration. After canceling a felon's voter registration, the auditor must send a cancellation notice to the felon using the last known address and send notification to the secretary through the county election management system.

[Statutory Authority: RCW 29A.04.611. 05-24-039, 434-324-100, filed 11/30/05, effective 12/31/05.]


NEW SECTION
WAC 434-324-108   Incapacitated persons lacking voting rights -- Notice from court.   Upon receipt of a court order declaring an incapacitated person does not retain voting rights as outlined in RCW 11.88.010, the auditor must search his or her county election management system to determine whether the person is a registered voter. If the auditor determines the incapacitated person's name and other identifying information match, he or she must cancel the incapacitated person's voter registration and send notification to the secretary through the county election management system. The auditor must also send a copy of the court order to the secretary. After canceling an incapacitated person's registration, the auditor must send a cancellation notice to the incapacitated person using the last known address.

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AMENDATORY SECTION(Amending WSR 05-24-039, filed 11/30/05, effective 12/31/05)

WAC 434-324-113   Voter registration list maintenance.   In addition to conducting searches to identify felons, duplicate registration records, and deceased voters as outlined in this chapter, the following applies:

(1) Each even-numbered year, maintenance of the voter registration list, as required by RCW 29A.08.605, must be completed ninety days prior to the date of the primary in that year. The voter registration list maintenance program is complete upon mailing the required notices. Counties have discretion to also run the voter registration list maintenance ((program)) in odd-numbered years.

(2) ((In addition to conducting quarterly comparisons to identify felons as required in WAC 434-324-106, the secretary must search the official statewide voter registration data base on a quarterly basis to ensure there are no duplicate voter registration records or deceased voter registration records maintained. Duplicate voter registration records must be processed in accordance with WAC 434-324-050, felon registration records in accordance with WAC 434-324-106, and deceased voter registration records in accordance with WAC 434-324-090.

(3))) If, at any time, the secretary finds that a registered voter does not possess the qualifications required by state law to exercise his or her right to vote for reasons not listed in this chapter, the secretary must refer such information to the appropriate county auditor ((to determine whether a voter registration challenge is warranted, pursuant to RCW 29A.08.810. The)) and county prosecutor ((must be copied on the notification)).

(3) If, at any time, the auditor finds that a registered voter does not possess the qualifications required by state law to exercise his or her right to vote for reasons not listed in this chapter, the auditor must notify the county prosecutor.

[Statutory Authority: RCW 29A.04.611. 05-24-039, 434-324-113, filed 11/30/05, effective 12/31/05.]


AMENDATORY SECTION(Amending WSR 05-24-039, filed 11/30/05, effective 12/31/05)

WAC 434-324-130   Contents of list of registered voters for the public.   Pursuant to the provisions of RCW 29A.08.710, 29A.08.720 and 29A.08.740, the auditor or secretary must furnish to any person, upon request, the current list((s)) of registered voters at actual reproduction cost. The auditor or secretary may also provide a list of canceled voters. Auditors may combine these lists. The auditor ((must)) or secretary may, upon request, select names and addresses from the voter registration records on the basis of the precinct code, the district code, date of registration, or voting history of each individual voter in that portion of the voter registration file. Such lists may contain the information prescribed in RCW 29A.08.710 for each registered voter and may be in the form of computer printouts, microfilm duplicates, or electronic media copies of such information. Such voter registration lists must be used only for political purposes; commercial use of this information is punishable as provided in RCW 29A.08.740.

[Statutory Authority: RCW 29A.04.611. 05-24-039, 434-324-130, filed 11/30/05, effective 12/31/05. Statutory Authority: RCW 29A.04.610. 04-15-089, 434-324-130, filed 7/16/04, effective 8/16/04. Statutory Authority: RCW 29.04.080, 29.04.210, 29.36.150 and 29.79.200. 98-03-033, 434-324-130, filed 1/13/98, effective 2/13/98; 97-21-045, recodified as 434-324-130, filed 10/13/97, effective 11/13/97; Order 74-4, 434-24-130, filed 6/3/74; Order 6, filed 3/3/72.]


NEW SECTION
WAC 434-324-165   Disaster recovery and security plans.   The secretary must maintain disaster recovery and security plans for the voter registration data base. A copy of the plans must be stored off-site. Both plans are exempt from public disclosure pursuant to RCW 42.17.310 (1)(ddd).

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Washington State Code Reviser's Office