Preproposal statement of inquiry was filed as WSR 08-13-054.
Title of Rule and Other Identifying Information: Chapter 434-840 WAC, the address confidentiality program (ACP).
Hearing Location(s): Washington State Library, Conference Room 221, Point Plaza East, 6880 Capitol Boulevard, Tumwater, WA 98504-2460, on October 8, 2008, at 10:00 a.m.
Date of Intended Adoption: November 19, 2008.
Submit Written Comments to: Megan Moreno, P.O. Box 40220, Olympia, WA 98504-0220, e-mail firstname.lastname@example.org, fax (360) 586-5629, by October 10, 2008.
Assistance for Persons with Disabilities: Contact Megan Moreno by October 6, 2008, TTY (800) 422-8683.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To reflect changes made to the ACP by SHB 1421 and SSB 6339, passed by the legislature in 2008.
SHB 1421 specifies procedures for issuance of participant information and conditions under which a court order should be issued.
SSB 6339 adds "trafficking" to the list of crimes qualifying an applicant for program participation.
Additionally, protected records voter provisions have been updated and sections pertaining to voting procedures have been repealed and will be more appropriately placed with election WACs.
Reasons Supporting Proposal: Passage of SHB 1421 and SSB 6339 by the legislature during the 2008 legislative session and identification of outdated material pertaining to protected records voter provisions.
Statutory Authority for Adoption: RCW 40.24.090.
Statute Being Implemented: Chapter 434-840 WAC.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Office of the secretary of state, governmental.
Name of Agency Personnel Responsible for Drafting: Megan Moreno, 250 Legislative Building, Olympia, Washington, (360) 902-4141; Implementation and Enforcement: Missy Deinlein, 250 Legislative Building, Olympia, Washington, (360) 753-2972.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed changes in the WAC do not affect small businesses.
A cost-benefit analysis is not required under RCW 34.05.328. There is no identifiable fiscal impact associated with the proposed changes in the WAC.
August 27, 2008
Assistant Secretary of State
AMENDATORY SECTION(Amending WSR 05-13-059, filed 6/9/05, effective 7/10/05)
WAC 434-840-005 Definitions. For the purposes of this chapter:
(1) "Address" means any physical locations where the participant resides, works, or attends school, for which the participant is requesting confidentiality.
(2) "Address confidentiality program (ACP)" means the agency employee designated by the secretary of state with responsibility for developing and administering the program that implements the provisions of chapter 40.24 RCW.
(2))) (3) "Agency" means an office, department,
division, bureau, board, commission, or other statutory unit
of state or local government or any functional subdivision of
(3))) (4) "Application assistant" means an employee of
a state or local agency, or of a nonprofit program that
provides advocacy, counseling, referral, or shelter services
to victims of sexual assault, domestic violence, trafficking,
or stalking who has been designated by the respective agency,
and has been accepted by the secretary of state to assist
individuals with threat assessment, safety planning,
determining whether the program's services can help keep the
victim safe, and the completion and submission of the ACP
(4))) (5) "Authorization card form" means the
incomplete form for an authorization card on which no
identifying program participant information has been entered.
(5))) (6) "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, marriage
applications and records pertaining to program participants.
(6))) (7) "Bona fide statutory or administrative
requirement" means that without possession of an individual's
actual residential address the agency is incapable of
fulfilling its statutory duties and obligations.
(7))) (8) "Protected records voter" means a program
participant who has applied and qualified as (( a service)) an
ongoing absentee voter, as provided under RCW (( 29A.04.163,
with ongoing absentee ballot voter status, as provided under
RCW 29A.40.140)) 40.24.060.
(8))) (9) "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))) (10) "Substitute mailing address" means the
mailing address designated by the secretary of state which
shall not be the program participant's residential address as
documented on her or his application for program
(10) "Residential address" means the physical location
where the participant resides for which the participant is
[Statutory Authority: RCW 40.24.090. 05-13-059, § 434-840-005, filed 6/9/05, effective 7/10/05. Statutory Authority: RCW 29A.04.610. 04-15-089, § 434-840-005, filed 7/16/04, effective 8/16/04. Statutory Authority: RCW 40.24.090. 98-19-063, § 434-840-005, filed 9/16/98, effective 10/17/98. Statutory Authority: 1991 c 23. 91-20-074, § 434-840-005, filed 9/26/91, effective 10/27/91.]
(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 effective on the day it is received by the address confidentiality program.
(4) The term of a program participant's certification shall be four years following the effective date of her or his application unless the certification is withdrawn or invalidated before that date.
[Statutory Authority: RCW 40.24.090. 98-19-063, § 434-840-010, filed 9/16/98, effective 10/17/98. Statutory Authority: 1991 c 23. 91-20-074, § 434-840-010, filed 9/26/91, effective 10/27/91.]
A request from a law enforcement agency for release of records in a program participant's file in which the participant's application affirmatively indicates that the applicant has reason to believe he or she is a victim of domestic violence, sexual assault, trafficking, or stalking perpetrated by an employee of a law enforcement agency, must be accompanied by a court order for release of records in the program participant's file.
[Statutory Authority: RCW 40.24.090. 98-19-063, § 434-840-060, filed 9/16/98, effective 10/17/98. Statutory Authority: 1991 c 23. 91-20-074, § 434-840-060, filed 9/26/91, effective 10/27/91.]
(1) In the course of a criminal investigation or prosecution; or
(2) To prevent immediate risk to a minor and meet the statutory requirements of the Washington child welfare system. Any court order so issued will prohibit the release of the information to any other agency or person not a party to the order.
(2) When a program participant requests confidentiality
for voting records, she or he shall sign a statement provided
by the secretary of state((
,)) that documents the date of this
request and the ongoing absentee ballot voting process to be
(3) The authorized personnel shall ((
keep)) receive the
original copy of this signed acknowledgement, (( forward one
copy to)) the address confidentiality program shall have one
copy and (( give one copy to)) the program participant shall
have one copy.
[Statutory Authority: RCW 40.24.090. 98-19-063, § 434-840-100, filed 9/16/98, effective 10/17/98. Statutory Authority: 1991 c 23. 91-20-074, § 434-840-100, filed 9/26/91, effective 10/27/91.]
(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)) record(( s)) for this program participant during
the time the record(( s are)) is filed and maintained by the
county auditor or county recording officer. The authorized
personnel may call the program to verify an individual's
current participation status in the program.
[Statutory Authority: RCW 40.24.090. 05-13-059, § 434-840-110, filed 6/9/05, effective 7/10/05; 98-19-063, § 434-840-110, filed 9/16/98, effective 10/17/98. Statutory Authority: 1991 c 23. 91-20-074, § 434-840-110, filed 9/26/91, effective 10/27/91.]
[Statutory Authority: RCW 40.24.090. 98-19-063, § 434-840-230, filed 9/16/98, effective 10/17/98. Statutory Authority: 1991 c 23. 91-20-074, § 434-840-230, filed 9/26/91, effective 10/27/91.]
(2) The program participant shall disclose to the
authorized personnel the actual address of her or his
residence only for the purpose of determining the proper
and district designations.
(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 protected records voter status and an absentee ballot to be mailed to the substitute mailing address shall be made no later than twenty working days before the first election in which the program participant wishes to vote)).
[Statutory Authority: RCW 40.24.090. 05-13-059, § 434-840-310, filed 6/9/05, effective 7/10/05; 98-19-063, § 434-840-310, filed 9/16/98, effective 10/17/98. Statutory Authority: 1991 c 23. 91-20-074, § 434-840-310, filed 9/26/91, effective 10/27/91.]
The following sections of the Washington Administrative Code are repealed:
|WAC 434-840-320||Maintaining protected records voter information.|
|WAC 434-840-330||Mailing protected records voter ballots.|
|WAC 434-840-340||Processing protected records voter ballot.|
|WAC 434-840-350||Canvassing procedure for a special ballot of a protected records voter.|
|WAC 434-840-360||Undeliverable ballot.|
|WAC 434-840-370||Election challenges.|