AN ACT Relating to
voting; amending RCW 29.01.006, 29.04.040, 29.04.070, 29.04.100, 29.04.110,
29.07.010, 29.07.025, 29.07.070, 29.07.080, 29.07.090, 29.07.100, 29.07.115,
29.07.120, 29.07.130, 29.07.140, 29.07.170, 29.07.180, 29.07.260, 29.07.270,
29.07.300, 29.07.400, 29.07.410, 29.08.010, 29.08.050, 29.08.060, 29.10.020,
29.10.040, 29.10.051, 29.10.090, 29.10.100, 29.36.120, 29.36.121, 29.36.122,
29.48.010, and 46.20.205; reenacting and amending RCW 29.10.180; adding a new
section to chapter 10.64 RCW; adding a new section to chapter 29.04 RCW; adding
new sections to chapter 29.07 RCW; adding new sections to chapter 29.10 RCW;
repealing RCW 29.07.015, 29.07.020, 29.07.050, 29.07.060, 29.07.065, 29.07.095,
29.07.105, 29.10.095, and 29.10.080; prescribing penalties; and providing an
effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
NEW SECTION. Sec.
1. A new section is added
to chapter 10.64 RCW to read as follows:
Within fourteen days of
the entry of a judgment of conviction of an individual for a felony, the clerk
of the court shall send a notice of the conviction including the full name of
the defendant and his or her residential address to the county auditor or
custodian of voting records in the county of the defendant's residence.
Sec. 2. RCW 29.01.006 and 1990 c
59 s 2 are each amended to read as follows:
As used in this title:
(1) "Ballot"
means, as the context implies, either:
(a) The issues and
offices to be voted upon in a jurisdiction or portion of a jurisdiction at a
particular primary, general election, or special election;
(b) A facsimile of the contents
of a particular ballot whether printed on a paper ballot or ballot card or as
part of a voting machine or voting device;
(c) A physical or
electronic record of the choices of an individual voter in a particular
primary, general election, or special election; or
(d) The physical
document on which the voter's choices are to be recorded;
(2) "Paper
ballot" means a piece of paper on which the ballot for a particular
election or primary has been printed, on which a voter may record his or her
choices for any candidate or for or against any measure, and that is to be
tabulated manually;
(3) "Ballot
card" means any type of card or piece of paper of any size on which a
voter may record his or her choices for any candidate and for or against any
measure and that is to be tabulated on a vote tallying system;
(4) "Sample
ballot" means a printed facsimile of all the issues and offices on the
ballot in a jurisdiction and is intended to give voters notice of the issues,
offices, and candidates that are to be voted on at a particular primary,
general election, or special election;
(5) "Special ballot"
means a ballot issued to a voter at the polling place on election day by the
precinct election board, for one of the following reasons:
(a) The voter's name
does not appear in the poll book;
(b) There is an
indication in the poll book that the voter has requested an absentee ballot,
but the voter wishes to vote at the polling place;
(c) There is a
question on the part of the voter concerning the issues or candidates on which
the voter is qualified to vote.
Sec. 3. RCW 29.04.040 and 1986 c
167 s 2 are each amended to read as follows:
(1) No paper ballot
precinct may contain more than three hundred active registered voters.
The county legislative authority may divide, alter, or combine precincts so
that, whenever practicable, over-populated precincts shall contain no more than
two hundred fifty active registered voters in anticipation of future
growth.
(2) Precinct boundaries
may be altered at any time as long as sufficient time exists prior to a given
election for the necessary procedural steps to be honored. Except as permitted
under subsection (5) of this section, no precinct boundaries may be changed
during the period starting on the thirtieth day prior to the first day for
candidates to file for the primary election and ending with the day of the
general election.
(3) Precincts in which
voting machines or electronic voting devices are used may contain as many as
nine hundred active registered voters, but there shall be at least one
voting machine or device for each three hundred active registered voters
or major fraction thereof when a state primary or general election is held in
an even-numbered year.
(4) On petition of
twenty-five or more voters resident more than ten miles from any place of
election, the county legislative authority shall establish a separate voting
precinct therefor.
(5) The county auditor
shall temporarily adjust precinct boundaries when a city annexes county
territory to the city. The adjustment shall be made as soon as possible after
the approval of the annexation. The temporary adjustment shall be limited to
the minimum changes necessary to accommodate the addition of the territory to
the city and shall remain in effect only until precinct boundary modifications
reflecting the annexation are adopted by the county legislative authority.
The county legislative
authority may establish by ordinance a limitation on the maximum number of active
registered voters in each precinct within its jurisdiction. The limitation may
be different for precincts based upon the method of voting used for such
precincts and the number may be less than the number established by law, but in
no case may the number exceed that authorized by law.
The county legislative
authority of each county in the state hereafter formed shall, at their first
session, divide their respective counties into election precincts with two
hundred fifty active registered voters or less and establish the
boundaries of the precincts. The county auditor shall thereupon designate the
voting place for each such precinct.
(6) In determining
the number of active registered voters for the purposes of this section,
persons who are ongoing absentee voters under RCW 29.36.013 shall not be
counted. Nothing in this subsection may be construed as altering the vote
tallying requirements of RCW 29.62.090.
Sec. 4. RCW 29.04.070 and 1965 c
9 s 29.04.070 are each amended to read as follows:
The secretary of state
through ((his)) the election division shall be the chief election
officer for all federal, state, county, city, town, and district elections and
it shall be his or her duty to keep records of such elections held in
the state and to make such records available to the public upon request, and
to coordinate those state election activities required by federal law.
Sec. 5. RCW 29.04.100 and 1975‑'76
2nd ex.s. c 46 s 1 are each amended to read as follows:
(1) In the case of
voter registration records received through the department of licensing, the
identity of the office at which any particular individual registered to vote is
not available for public inspection and shall not be disclosed to the public.
In the case of voter registration records received through an agency designated
under section 26 of this act, the identity of the agency at which any
particular individual registered to vote is not available for public inspection
and shall not be disclosed to the public. Any record of a particular
individual's choice not to register to vote at an office of the department of
licensing or a state agency designated under section 26 of this act is not
available for public inspection and any information regarding such a choice by
a particular individual shall not be disclosed to the public.
(2) All poll
books or current lists of registered voters, except original voter
registration forms or their images, shall be public records and be made
available for inspection under such reasonable rules and regulations as the
county auditor may prescribe. The county auditor shall promptly furnish
current lists or mailing labels of registered voters in his or her
possession, at actual reproduction cost, to any person requesting such
information: PROVIDED, That such lists and labels shall not be used for the
purpose of mailing or delivering any advertisement or offer for any property,
establishment, organization, product, or service or for the purpose of
mailing or delivering any solicitation for money, services, or anything
of value: PROVIDED, HOWEVER, That such lists and labels may be used for any
political purpose. ((In the case of political subdivisions which encompass
portions of more than one county, the request may be directed to the secretary
of state who shall contact the appropriate county auditors and arrange for the
timely delivery of the requested information.))
Sec. 6. RCW 29.04.110 and 1973
1st ex.s. c 111 s 3 are each amended to read as follows:
Except original
voter registration forms or their images, a reproduction of any form of
data storage, in the custody of the county auditor, ((for)) including
poll books and precinct lists of registered voters, ((including))
magnetic tapes or discs, punched cards, and any other form of storage of such
books and lists, shall at the written request of any person be furnished to him
or her by the county auditor pursuant to such reasonable rules and
regulations as the county auditor may prescribe, and at a cost equal to the
county's actual cost in reproducing such form of data storage. Any data
contained in a form of storage furnished under this section shall not be used
for the purpose of mailing or delivering any advertisement or offer for any
property, establishment, organization, product or service or for the purpose of
mailing or delivering any solicitation for money, services or anything of
value: PROVIDED, HOWEVER, That such data may be used for any political
purpose. Whenever the county auditor furnishes any form of data storage under
this section, he or she shall also furnish the person receiving the same
with a copy of RCW 29.04.120.
NEW SECTION. Sec.
7. A new section is added
to chapter 29.04 RCW to read as follows:
Each county auditor
shall maintain for at least two years and shall make available for public
inspection and copying all records concerning the implementation of programs
and activities conducted for the purpose of insuring the accuracy and currency
of official lists of eligible voters. These records must include lists of the
names and addresses of all persons to whom notices are sent and information
concerning whether or not each person has responded to the notices. These
records must contain lists of all persons removed from the list of eligible
voters and the reasons why the voters were removed.
Sec. 8. RCW 29.07.010 and 1984 c
211 s 3 are each amended to read as follows:
(1) In all counties,
the county auditor shall be the chief registrar of voters for every precinct
within the county. ((He or she shall)) The auditor may appoint a
((deputy registrar)) registration assistant for each precinct or
group of precincts and shall appoint city or town clerks as ((deputy
registrars)) registration assistants to assist in registering
persons residing in cities, towns, and rural precincts within the county.
(2) In addition, the
auditor ((shall)) may appoint a ((deputy registrar)) registration
assistant for each common school. ((A deputy registrar in a common
school shall be a school official or school employee.)) The auditor ((shall))
may appoint a ((deputy registrar)) registration assistant
for each fire station ((that he or she finds is convenient to the public for
registration purposes and is adequately staffed so that registration would not
be a great inconvenience for the fire station personnel. A fire station
appointee shall be a person employed at the station)). All common
schools, fire stations, and public libraries shall make voter registration
application forms available to the public.
(3) ((The auditor
shall also appoint deputy registrars to provide voter registration services for
each state office providing voter registration under RCW 29.07.025.
(4) A deputy
registrar shall)) A
registration assistant must be a registered voter. Except for city and
town clerks, each ((registrar shall)) registration assistant holds
office at the pleasure of the county auditor.
(((5))) (4)
The county auditor shall be the custodian of the official registration records
of ((each precinct within)) that county.
NEW SECTION. Sec.
9. A new section is added
to chapter 29.07 RCW to read as follows:
"Information
required for voter registration" means the minimum information provided on
a voter registration application that is required by the county auditor in
order to place a voter registration applicant on the voter registration rolls.
This information includes the applicant's name, complete residence address,
date of birth, and a signature attesting to the truth of the information
provided on the application. All other information supplied is ancillary and
not to be used as grounds for not registering an applicant to vote.
Sec. 10. RCW 29.07.025 and 1984 c
211 s 2 are each amended to read as follows:
(1) ((The director
or chief administrative officer of)) Each state agency designated
under section 26 of this act shall provide voter registration services for
employees and the public within each office of that agency ((which is
convenient to the public for registration purposes except where, or during such
times as, the director or officer finds that there would be a great
inconvenience to the public or to the operation of the agency due to inadequate
staff time for this purpose)).
(2) The secretary of
state shall design and provide a standard notice informing the public of the
availability of voter registration, which notice shall be posted in each state
agency where such services are available.
(3) The secretary of
state shall design and provide standard voter registration forms for use by
these state agencies.
Sec. 11. RCW 29.07.070 and 1990 c
143 s 7 are each amended to read as follows:
Except as provided
under RCW 29.07.260, an applicant for voter registration shall ((provide a
voter registrar with)) complete an application providing the
following information concerning his or her qualifications as a voter in this
state:
(1) The address of the
last former registration of the applicant as a voter in the state;
(2) The applicant's
full name;
(3) The applicant's
date of birth;
(4) The address of the
applicant's residence for voting purposes;
(5) The mailing address
of the applicant if that address is not the same as the address in subsection
(4) of this section;
(6) The sex of the
applicant;
(7) A declaration that
the applicant is a citizen of the United States; and
(8) Any other
information that the secretary of state determines is necessary to establish
the identity of the applicant and prevent duplicate or fraudulent voter
registrations.
This information shall
be recorded on a single registration form to be prescribed by the secretary of
state.
If the applicant
fails to provide the information required for voter registration, the auditor
shall send the applicant a verification notice. The auditor shall not register
the applicant until the required information is provided. If a verification
notice is returned as undeliverable or the applicant fails to respond to the
notice within forty-five days, the auditor shall not register the applicant to
vote.
The following warning
shall appear in a conspicuous place on the voter registration form:
"If you knowingly
((providing)) provide false information on this voter
registration form or knowingly ((making)) make a false
declaration about your qualifications for voter registration ((is))
you will have committed a class C felony that is punishable by
imprisonment for up to five years, or by a fine ((not to exceed)) of
up to ten thousand dollars, or ((by)) both ((such))
imprisonment and fine."
Sec. 12. RCW 29.07.080 and 1990 c
143 s 8 are each amended to read as follows:
For voter registrations
executed under ((this section)) RCW 29.07.070, the ((registrar))
registrant shall ((require the applicant to)) sign the following
oath:
"I declare that
the facts ((relating to my qualifications as a voter recorded)) on this
voter registration form are true. I am a citizen of the United States, I am
not presently denied my civil rights as a result of being convicted of ((an
infamous crime)) a felony, I will have lived in Washington at
this ((state, county, and precinct)) address for thirty days
immediately ((preceding)) before the next election at which I ((offer
to)) vote, and I will be at least eighteen years ((of age at the time of
voting)) old when I vote."
((The registration
officer shall attest and date this oath in the following form:
"Subscribed and
sworn to before me this . . . . day of
. . . . . ., 19. . .,
. . . . . . Registration Officer."))
Sec. 13. RCW 29.07.090 and 1973
1st ex.s. c 21 s 5 are each amended to read as follows:
At the time of
registering ((any)), a voter((, each registration officer))
shall ((require him to)) sign his or her name upon a signature
card ((containing spaces for his surname)) to be transmitted to the
secretary of state. The voter shall also provide his or her first name
followed by ((his given)) the last name or names and the name of
the county ((and city or town, with post office and street address, and the
name or number of the precinct,)) in which ((the voter)) he or
she is registered.
Sec. 14. RCW 29.07.100 and 1971
ex.s. c 202 s 13 are each amended to read as follows:
((Registration
officers in incorporated)) In cities and towns, clerks shall
((keep their respective offices open for registration of voters during the
days and hours when the same are open for the transaction of public business:
PROVIDED, That in cities of the first class, the county auditor shall establish
on a permanent basis at least one registration office in each legislative
district that lies wholly or partially within the city limits by appointing
persons as deputy registrars who may register any eligible elector of such
city.
Each such deputy
registrar, except for city and town clerks, shall hold office at the pleasure
of the county auditor and shall maintain a fixed place, conveniently located,
for the registration of voters but nothing in this section shall preclude
door-to-door registration including registration from a portable office as in a
trailer)) provide voter
registration assistance during the normal business hours of the office.
Sec. 15. RCW 29.07.115 and 1971
ex.s. c 202 s 23 are each amended to read as follows:
A person or
organization collecting voter registration application forms must transmit the
forms to the secretary of state or a designee at least once weekly((,
the deputy registrars shall transmit all registration records properly completed
to the county auditor)).
Sec. 16. RCW 29.07.120 and 1971
ex.s. c 202 s 16 are each amended to read as follows:
On each Monday next
following the registration of any voter each county auditor shall transmit all
cards required by RCW 29.07.090 ((which have been executed and))
received in ((his)) the auditor's office during the prior week to
the secretary of state for filing ((in his office. Each lot must be
accompanied by the certificate of the registrar that the cards so transmitted
are the original cards, that they were signed by the voters whose names appear
thereon and that the voters are registered in the precincts and from the
addresses shown thereon)). The secretary of state may exempt a county
auditor who is providing electronic voter registration and electronic voter
signature information to the secretary of state from the requirements of this
section.
Sec. 17. RCW 29.07.130 and 1991 c
81 s 21 are each amended to read as follows:
(1) The cards required
by RCW 29.07.090 shall be kept on file in the office of the secretary of state
in such manner as will be most convenient for, and for the sole purpose of,
checking initiative and referendum petitions. The secretary may maintain an
automated file of voter registration information for any county or counties in
lieu of filing or maintaining these voter registration cards if the automated
file includes all of the information from the cards including, but not limited
to, a retrievable facsimile of the signature of each voter of that county or
counties. Such an automated file may be used only for the purpose authorized
for the use of the cards.
(2) The county auditor
shall have custody of the voter registration records for each county. The
original voter registration form, as established by RCW 29.07.070, shall be
filed alphabetically without regard to precinct and shall be considered
confidential and unavailable for public inspection and copying. An
automated file of all registered voters shall be maintained pursuant to RCW
29.07.220. An auditor may maintain the automated file in lieu of filing or
maintaining the original voter registration forms if the automated file
includes all of the information from the original voter registration forms
including, but not limited to, a retrievable facsimile of each voter's
signature.
(3) The following
information contained in voter registration records or files regarding a voter
or a group of voters is available for public inspection and copying: The
voter's name, gender, voting record, date of registration, and registration
number. The address of a registered voter or addresses of a group of voters
are available for public inspection and copying except to the extent that the
address of a particular voter is not so available under RCW 42.17.310(1)(bb).
The political jurisdictions within which a voter or group of voters reside are
also available for public inspection and copying except that the political
jurisdictions within which a particular voter resides are not available for
such inspection and copying if the address of the voter is not so available
under RCW 42.17.310(1)(bb). No other information from voter registration
records or files is available for public inspection or copying.
Sec. 18. RCW 29.07.140 and 1990 c
143 s 9 are each amended to read as follows:
(1) The secretary of
state shall specify by rule the ((form)) format of ((the))
all voter registration ((records required under RCW 29.07.070 and
29.07.260)) applications. These ((forms)) applications
shall be compatible with existing voter registration records. An applicant for
voter registration shall be required to complete only one ((form)) application
and to provide the required information other than his or her signature no more
than one time. These ((forms)) applications shall also contain
information for the voter to transfer his or her registration.
Any application format
specified by the secretary for use in registering to vote in state and local
elections shall satisfy the requirements of the National Voter Registration Act
of 1993 (P.L. 103-31) for registering to vote in federal elections.
(2) The secretary of
state shall adopt by rule a uniform data format for transferring voter
registration records on machine-readable media.
(3) All registration ((forms))
applications required under RCW 29.07.070 and 29.07.260 shall be
produced and furnished by the secretary of state to the county auditors and the
department of licensing.
(4) The secretary of
state shall produce and distribute any instructional material and other
supplies needed to implement RCW 29.07.260 through 29.07.300 and 46.20.155.
(5) Any notice or
statement that must be provided under the National Voter Registration Act of
1993 (P.L. 103-31) to prospective registrants concerning registering to vote in
federal elections shall also be provided to prospective registrants concerning
registering to vote under this title in state and local elections as well as
federal elections.
Sec. 19. RCW 29.07.170 and 1971
ex.s. c 202 s 21 are each amended to read as follows:
((Immediately)) Upon
closing ((his)) of the registration files preceding an election,
the county auditor shall ((insert therein his certificate as to the
authenticity thereof. He shall then)) deliver the ((registration
records for each precinct thus certified)) precinct lists of registered
voters to the inspector or one of the judges ((thereof at the proper))
of each precinct or group of precincts located at the polling place
before the polls open.
Sec. 20. RCW 29.07.180 and 1971
ex.s. c 202 s 22 are each amended to read as follows:
The ((registration
records of)) precinct list of registered voters for each precinct or
group of precincts delivered to the precinct election officers for use on
the day of an election held in that precinct shall be returned by them to the
county auditor upon the completion of the count of the votes cast in the
precinct at that election. While in possession of the county auditor they
shall be open to public inspection under such reasonable rules and regulations
as may be prescribed therefor.
Sec. 21. RCW 29.07.260 and 1990 c
143 s 1 are each amended to read as follows:
(1) A person may
register to vote or transfer a voter registration when he or she applies for or
renews a driver's license or identification card under chapter 46.20 RCW.
(2) To register to vote
or transfer a voter registration under this section, the applicant shall
provide the following:
(a) His or her full
name;
(b) Whether the address
in the driver's license file is the same as his or her residence for voting
purposes;
(c) The address of the
residence for voting purposes if it is different from the address in the
driver's license file;
(d) His or her mailing
address if it is not the same as the address in (c) of this subsection;
(e) Additional
information on the ((physical)) geographic location of that
voting residence if it is only identified by route or box;
(f) The last address at
which he or she was registered to vote in this state;
(g) A declaration that
he or she is a citizen of the United States; and
(h) Any other
information that the secretary of state determines is necessary to establish
the identity of the applicant and to prevent duplicate or fraudulent voter
registrations.
(3) The following
warning shall appear in a conspicuous place on the voter registration form:
"If you knowingly
((providing)) provide false information on this voter
registration form or knowingly ((making)) make a false
declaration about your qualifications for voter registration ((is))
you will have committed a class C felony that is punishable by
imprisonment for up to five years, or by a fine ((not to exceed)) of
up to ten thousand dollars, or ((by)) both ((such))
imprisonment and fine."
(4) The applicant shall
sign a portion of the form that can be used as an initiative signature card for
the verification of petition signatures by the secretary of state and shall
sign and attest to the following oath:
"I declare that
the facts ((relating to my qualifications as a voter recorded)) on this
voter registration form are true. I am a citizen of the United States, I am
not presently denied my civil rights as a result of being convicted of ((an
infamous crime)) a felony, I will have lived in ((this state,
county, and precinct)) Washington at this address for thirty days ((immediately
preceding)) before the next election at which I ((offer to))
vote, and I will be at least eighteen years ((of age at the time of voting))
old when I vote."
(5) The driver
licensing agent shall record that the applicant has requested to register to
vote or transfer a voter registration.
Sec. 22. RCW 29.07.270 and 1990 c
143 s 2 are each amended to read as follows:
(1) The secretary of
state shall provide for the voter registration forms submitted under RCW
29.07.260 to be collected from each driver's licensing facility ((at least
once each week)) within five days of their completion.
(2) The department of
licensing shall produce and transmit to the secretary of state a
machine-readable file containing the following information from the records of
each individual who requested a voter registration or transfer at a driver's
license facility during each period for which forms are transmitted under
subsection (1) of this section: The name, address, date of birth, and sex of
the applicant and the driver's license number, the date on which the
application for voter registration or transfer was submitted, and the location
of the office at which the application was submitted.
(3) The department
of licensing shall provide information on all persons changing their address on
change of address forms submitted to the department unless the voter has
indicated that the address change is not for voting purposes. This information
will be transmitted to the secretary of state each week in a machine-readable
file containing the following information on persons changing their address:
The name, address, date of birth, and sex of the applicant, the applicant's
driver's license number, the applicant's former address, the county code for
the applicant's former address, and the date that the request for address
change was received.
(4) The secretary of
state shall forward this information to the appropriate county each week. When
the information indicates that the voter has moved within the county, the
county auditor shall use the change of address information to transfer the
voter's registration and send the voter an acknowledgement notice of the
transfer. If the information indicates that the new address is outside the
voter's original county, the county auditor shall send the voter a registration
by mail form at the voter's new address and advise the voter of the need to
reregister in the new county. The auditor shall then place the voter on
inactive status.
Sec. 23. RCW 29.07.300 and 1990 c
143 s 5 are each amended to read as follows:
(1) The secretary
of state shall deliver the files and lists of voter registration information
produced under RCW 29.07.290 to the county auditors no later than ten days
after the date on which that information was to be transmitted under RCW
29.07.270(1). The county auditor shall process these records in the same
manner as voter registrations executed under RCW 29.07.080.
(2) If a registrant
has indicated on the voter registration application form that he or she is
registered to vote in another county in Washington but has also provided an
address within the auditor's county that is for voter registration purposes,
the auditor shall send, on behalf of the registrant, a registration
cancellation notice to the auditor of that other county and the auditor
receiving the notice shall cancel the registrant's voter registration in that
other county. If the registrant has indicated on the form that he or she is
registered to vote within the county but has provided a new address within the
county that is for voter registration purposes, the auditor shall transfer the
voter's registration.
Sec. 24. RCW 29.07.400 and 1991 c
81 s 11 are each amended to read as follows:
If any ((registrar
or deputy registrar)) county auditor or registration assistant:
(1) Willfully neglects
or refuses to perform any duty required by law in connection with the
registration of voters; or
(2) Willfully neglects
or refuses to perform such duty in the manner required by voter registration
law; or
(3) Enters or causes or
permits to be entered on the voter registration records the name of any person
in any other manner or at any other time than as prescribed by voter
registration law or enters or causes or permits to be entered on such records
the name of any person not entitled to be thereon; or
(4) Destroys,
mutilates, conceals, changes, or alters any registration record in connection
therewith except as authorized by voter registration law,
he or she is guilty of a
gross misdemeanor punishable to the same extent as a gross misdemeanor that is
punishable under RCW 9A.20.021.
Sec. 25. RCW 29.07.410 and 1991 c
81 s 12 are each amended to read as follows:
Any person who:
(1) Knowingly provides
false information on an application for voter registration under any provision
of this title;
(2) Knowingly makes or
attests to a false declaration as to his or her qualifications as a voter;
(3) Knowingly causes or
permits himself or herself to be registered using the name of another person;
(4) Knowingly causes
himself or herself to be registered under two or more different names; ((or))
(5) Knowingly causes
himself or herself to be registered in two or more counties;
(6) Offers to pay
another person to assist in registering voters, where payment is based on a
fixed amount of money per voter registration;
(7) Accepts payment
for assisting in registering voters, where payment is based on a fixed amount
of money per voter registration; or
(8) Knowingly
causes any person to be registered or causes any registration to be transferred
or canceled except as authorized under this title,
is guilty of a class C
felony punishable under RCW 9A.20.021.
NEW SECTION. Sec.
26. A new section is added
to chapter 29.07 RCW to read as follows:
The governor, in
consultation with the secretary of state, shall designate agencies to provide
voter registration services in compliance with federal statutes.
NEW SECTION. Sec.
27. A new section is added
to chapter 29.07 RCW to read as follows:
(1) A person may
register to vote or transfer a voter registration when he or she applies for
service or assistance and with each renewal, recertification, or change of
address at agencies designated under section 26 of this act.
(2) A prospective
applicant shall initially be offered a form adopted by the secretary of state
that is designed to determine whether the person wishes to register to vote.
The form must comply with all applicable state and federal statutes regarding
content.
The form shall also
contain a box that may be checked by the applicant to indicate that he or she
declines to register.
If the person indicates
an interest in registering or has made no indication as to a desire to register
or not register to vote, the person shall be given a mail-in voter registration
application or a prescribed agency application as provided by section 28 of
this act.
NEW SECTION. Sec.
28. A new section is added
to chapter 29.07 RCW to read as follows:
(1) The secretary of
state shall prescribe the method of voter registration for each designated
agency. The agency shall use either the state voter registration by mail form
with a separate declination form for the applicant to indicate that he or she
declines to register at this time, or the agency may use a separate form
approved for use by the secretary of state.
(2) The person
providing service at the agency shall offer voter registration services to
every client whenever he or she applies for service or assistance and with each
renewal, recertification, or change of address. The person providing service
shall give the applicant the same level of assistance with the voter
registration application as is offered to fill out the agency's forms and
documents.
(3) If an agency uses a
computerized application process, it may, in consultation with the secretary of
state, develop methods to capture simultaneously the information required for voter
registration during a person's computerized application process.
(4) Each designated
agency shall provide for the voter registration application forms to be
collected from each agency office at least once each week. The agency shall
then forward the application forms to the secretary of state each week. The
secretary of state shall forward the forms to the county in which the applicant
has registered to vote no later than ten days after the date on which the forms
were received by the secretary of state.
NEW SECTION. Sec.
29. A new section is added
to chapter 29.07 RCW to read as follows:
The secretary of state
shall:
(1) Coordinate with the
designated agencies and county auditors on the implementation of sections 27
and 28 of this act;
(2) Adopt rules
governing the delivery and processing of voter registration application forms
submitted under sections 27 and 28 of this act and ensuring the integrity of
the voter registration process and of the integrity and confidentiality of data
on registered voters collected under sections 27 and 28 of this act.
Sec. 30. RCW 29.08.010 and 1993 c
434 s 1 are each amended to read as follows:
The definitions set
forth in this section apply throughout this chapter, unless the context
clearly requires otherwise((,)).
(1) "By
mail" means delivery of a completed original voter registration ((form))
application by mail((,)) or by personal delivery((, or
by courier to a county auditor)). The secretary of state, in
consultation with the county auditors, may adopt rules to develop a process to
receive and distribute these applications.
(2) For voter
registration applicants, "date of mailing" means the date of the
postal cancellation on the voter registration application. This date will also
be used as the date of application for the purpose of meeting the registration
cutoff deadline. If the postal cancellation date is illegible then the date of
receipt by the elections official is considered the date of application. If an
application is received by the elections official by the close of business on
the fifth day after the cutoff date for voter registration and the postal
cancellation date is illegible, the application will be considered to have
arrived by the cutoff date for voter registration.
Sec. 31. RCW 29.08.050 and 1993 c
434 s 5 are each amended to read as follows:
In addition to the
information required under RCW 29.07.070, when registering to vote by mail
under this chapter, the applicant shall sign a portion of the form that can be
used as an initiative signature card for the verification of petition
signatures by the secretary of state and shall sign and attest to the following
oath: "I declare that the facts ((relating to my qualifications as a
voter recorded)) on this voter registration form are true. I am a citizen
of the United States, I am not presently denied my civil rights as a result of
being convicted of ((an infamous crime)) a felony, I will have
lived in ((this state, county, and precinct)) Washington at this
address for thirty days immediately ((preceding)) before the
next election at which I ((offer to)) vote, and I will be at least
eighteen years ((of age at the time of voting)) old when I vote."
The voter registration
by mail form shall provide, in a conspicuous place, the following warning:
"If you knowingly ((providing)) provide false
information on this voter registration form or knowingly ((making)) make
a false declaration about your qualifications for voter registration ((is))
you will have committed a class C felony that is punishable by
imprisonment for up to five years, or by a fine ((not to exceed)) of
up to ten thousand dollars, or ((by)) both ((such))
imprisonment and fine."
Sec. 32. RCW 29.08.060 and 1993 c
434 s 6 are each amended to read as follows:
(1) On receipt
of an application for voter registration under this chapter, the county auditor
shall review the application to determine whether the information supplied is
complete. An application that contains the applicant's name, complete valid
residence address, date of birth, and signature attesting to the truth of the
information provided on the application is complete. If it is not complete,
the auditor shall promptly ((send)) mail a verification notice of
the deficiency to the applicant. This verification notice shall require the
applicant to provide the missing information. If the verification notice is
not returned by the applicant or is returned as undeliverable the auditor shall
not place the name of the applicant on the county voter list. If the applicant
provides the required information, the applicant shall be registered to vote as
of the date of mailing of the original voter registration application.
(2) If the
information is complete, the applicant is considered to be registered to
vote as of the date of ((the application's postmark. If there is no
postmark or if the postmark is illegible, the applicant is registered on the
date the complete and correct application was received by the auditor)) mailing.
The auditor shall record the appropriate precinct identification, taxing
district identification, and date of registration on the voter's record.
Within forty-five days after the receipt of an application but no later than
seven days before the next primary, special election, or general election, the
auditor shall send to the applicant, by first class mail, ((a voter
registration card)) an acknowledgement 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. If the applicant has indicated
that he or she is registered to vote in another county in Washington but has
also provided an address within the auditor's county that is for voter
registration purposes, the auditor shall send, on behalf of the registrant, a
registration cancellation notice to the auditor of that other county and the
auditor receiving the notice shall cancel the registrant's voter registration
in that other county. If the registrant has indicated on the form that he or
she is registered to vote within the county but has provided a new address
within the county that is for voter registration purposes, the auditor shall
transfer the voter's registration.
(3) If ((a
voter registration)) an acknowledgement notice card is properly
mailed as required by this section to the address listed by the ((applicant))
voter as being the ((applicant's)) voter's mailing address
and the ((card)) notice is subsequently returned to the auditor
by the postal service as being undeliverable to the ((applicant)) voter
at that address, the auditor shall ((immediately cancel the voter
registration of the applicant. The auditor shall)) promptly send the ((applicant))
voter a confirmation notice ((and explanation of the
cancellation, and a registration application form. The postal service shall be
requested to forward this notice as applicable)). The auditor shall
place the voter's registration on inactive status pending a response from the
voter to the confirmation notice.
NEW SECTION. Sec.
33. A new section is added
to chapter 29.10 RCW to read as follows:
The definitions set
forth in this section apply throughout this chapter, unless the context clearly
requires otherwise.
(1) "Verification
notice" means a notice sent by the county auditor to a voter registration
applicant and is used to verify or collect information about the applicant in
order to complete the registration.
(2)
"Acknowledgement notice" means a notice sent by nonforwardable mail
by the county auditor to a registered voter to acknowledge a voter registration
transaction, which can include initial registration, transfer, or reactivation
of an inactive registration. An acknowledgement notice may be a voter
registration card.
(3) "Confirmation
notice" means a notice sent to a registered voter by first class
forwardable mail at the address indicated on the voter's permanent registration
record and to any other address at which the county auditor could reasonably
expect mail to be received by the voter in order to confirm the voter's
residence address. The confirmation notice must be designed so that the voter
may update his or her current residence address.
NEW SECTION. Sec.
34. A new section is added
to chapter 29.10 RCW to read as follows:
Registered voters are
divided into two categories, "active" and "inactive." All
registered voters are classified as active, unless assigned to inactive status
by the county auditor.
Sec. 35. RCW 29.10.020 and 1991 c
81 s 23 are each amended to read as follows:
To maintain a valid
voter registration, a registered voter who changes his or her residence
from one address to another within the same county shall((, to maintain a
valid voter registration,)) transfer his or her registration to the new
address in one of the following ways: (1) Sending to the county auditor a
signed request stating the voter's present address ((and precinct)) and
the address ((and precinct)) from which the voter was last registered;
(2) appearing in person before the auditor and signing such a request; (3)
transferring the registration in the manner provided by RCW 29.10.170; or (4)
telephoning the county auditor to transfer the registration. The telephone
call transferring a registration by telephone must be received by the auditor
before the precinct registration files are closed to new registrations for the
next primary or special or general election in which the voter participates.
The secretary of state
((shall)) may adopt rules facilitating the transfer of a
registration by telephone authorized by this section. ((The rules shall
include, but need not be limited to, those establishing the form which must be
signed by a voter subsequent to transferring a registration by telephone.))
Sec. 36. RCW 29.10.040 and 1991 c
81 s 24 are each amended to read as follows:
((Except as provided
in RCW 29.10.170,)) A registered voter who changes his or her
residence from one county to another county, shall be required to register
anew. Before registering anew, the voter shall sign an authorization to cancel
his or her present registration. The authorization shall be on a form
prescribed by the secretary of state by rule. The authorization shall be
forwarded promptly to the county auditor of the county in which the voter was
previously registered. The county auditor of the county where the previous
registration was made shall cancel the registration of the voter if it appears
that the signatures in the registration record and on the cancellation
authorization form were made by the same person.
Sec. 37. RCW 29.10.051 and 1991 c
81 s 25 are each amended to read as follows:
To maintain a valid
voter registration, a person who changes his or her name shall notify the
county auditor regarding the name change in one of the following ways: (1) By
sending the auditor a notice clearly identifying the name under which he or she
is registered to vote, the voter's new name, and the voter's residence. Such a
notice must be signed by the voter using both this former name and the voter's
new name; (2) by appearing in person before the auditor or a ((deputy
registrar)) registration assistant and signing such a change-of-name
notice; ((or)) (3) by signing such a change-of-name notice at the
voter's precinct polling place on the day of a primary or special or general
election; (4) by properly executing a name change on a mail-in registration
application or a prescribed state agency application.
A properly registered
voter who files a change-of-name notice at the voter's precinct polling place
during a primary or election and who desires to vote at that primary or
election shall sign the poll book using the voter's former and new names in the
same manner as is required for the change-of-name notice.
The secretary of state
may adopt rules facilitating the implementation of this section.
NEW SECTION. Sec.
38. A new section is added
to chapter 29.10 RCW to read as follows:
(1) A county auditor
shall assign a registered voter to inactive status and shall send the voter a
confirmation notice if any of the following documents are returned by the
postal service as undeliverable:
(a) An acknowledgement
of registration;
(b) An acknowledgement
of transfer to a new address;
(c) A vote-by-mail
ballot, absentee ballot, or application for a ballot;
(d) Notification to a
voter after precinct reassignment;
(e) Notification to
serve on jury duty; or
(f) Any other document
other than a confirmation notice, required by statute, to be mailed by the
county auditor to the voter.
(2) A county auditor
shall also assign a registered voter to inactive status and shall send the
voter a confirmation notice:
(a) Whenever change of
address information received from the department of licensing under RCW
29.07.270, or by any other agency designated to provide voter registration
services under section 26 of this act, indicates that the voter has moved to an
address outside the county; or
(b) If the auditor
receives postal change of address information under RCW 29.10.180, indicating
that the voter has moved out of the county.
NEW SECTION. Sec.
39. A new section is added
to chapter 29.10 RCW to read as follows:
The county auditor
shall return an inactive voter to active voter status if, during the period beginning
on the date the voter was assigned to inactive status and ending on the day of
the second general election for federal office that occurs after the date that
the voter was sent a confirmation notice, the voter: Notifies the auditor of a
change of address within the county; responds to a confirmation notice with
information that the voter continues to reside at the registration address;
votes or attempts to vote in a primary or a special or general election and
resides within the county; or signs any petition authorized by statute for
which the signatures are required by law to be verified by the county auditor.
If the inactive voter fails to provide such a notice or take such an action
within that period, the auditor shall cancel the person's voter registration.
NEW SECTION. Sec.
40. A new section is added
to chapter 29.10 RCW to read as follows:
(1) Except as otherwise
specified by this title, registered voters include those assigned to active and
inactive status by the county auditor.
(2)Election officials
shall not include inactive voters in the count of registered voters for the
purpose of dividing precincts, creating vote-by-mail precincts, determining
voter turnout, or other purposes in law for which the determining factor is the
number of registered voters. Election officials shall not include persons who
are ongoing absentee voters under RCW 29.36.013 in determining the maximum
permissible size of vote-by-mail precincts or in determining the maximum
permissible size of precincts. Nothing in this subsection may be construed as
altering the vote tallying requirements of RCW 29.62.090.
Sec. 41. RCW 29.10.090 and 1983 c
110 s 1 are each amended to read as follows:
The local registrar of
vital statistics in cities of the first class shall submit monthly to the
county auditor a list of the names and addresses, if known, of all persons over
eighteen years of age who have died.
The registrar of vital
statistics of the state shall supply such monthly lists for each county of the
state, exclusive of cities of the first class, to the county auditor thereof.
The county auditors shall compare such lists with the registration records and
cancel the registrations of deceased voters. The county auditor may also
use newspaper obituary articles as a source of information in order to cancel a
voter's registration. The auditor must verify the identity of the voter by
matching the voter's date of birth or an address. The auditor shall record the
date and source of the obituary in the cancellation records.
In addition to the
above manner of canceling registration records of deceased voters, any
registered voter may sign a statement, subject to the penalties of perjury, to
the effect that to his or her personal knowledge or belief another
registered voter is deceased. This statement may be filed with ((any
registration officer and the deputy registrar shall promptly forward such
statement to)) the county auditor. Upon the receipt of such signed
statement, the county auditor shall cancel the registration records concerned
and so notify the secretary of state. Upon receipt of such notice, the
secretary of state shall in turn cancel his or her copy of said
registration record.
The secretary of state
as chief elections officer shall cause such form to be designed to carry out
the provisions of this section. The county auditors shall have such forms
available for public use. Further, each such public officer having
jurisdiction of an election shall make available a reasonable supply of such
forms for the use of the precinct election officers at each polling place on
the day of an election.
NEW SECTION. Sec.
42. A new section is added
to chapter 29.10 RCW to read as follows:
Upon receiving official
notice of a person's conviction of a felony in either state or federal court,
if the convicted person is a registered voter in the county, the county auditor
shall cancel the defendant's voter registration.
Sec. 43. RCW 29.10.100 and 1971
ex.s. c 202 s 31 are each amended to read as follows:
On the Monday next
following the ((transfer or)) cancellation of the registration of any
voter or the change of name of a voter, each county auditor must certify
to all ((transfers or)) cancellations or name changes made during
the prior week to the secretary of state. The certificate shall set forth the
name of each voter whose registration has been ((transferred or))
canceled or whose name was changed, and the county, city or town,
and precinct in which ((he)) the voter was registered ((and,
in case of a transfer, also the name of the county and city or town, the name
or number of the precinct and the post office address (including street and
number) to which the registration of the voter was transferred)).
Sec. 44. RCW 29.10.180 and 1993 c
434 s 10 and 1993 c 417 s 8 are each reenacted and amended to read as follows:
In addition to the
case-by-case maintenance required under sections 38 and 39 of this act, the
county auditor shall establish a general program of voter registration list
maintenance. This program must be applied uniformly throughout the county and
must be nondiscriminatory in its application. Any program established must be
completed not later than ninety days before the date of a primary or general
election for federal office. The county may fulfill its obligations under this
section in one of the following ways:
(1) The county auditor
may enter into one or more contracts with the United States postal
service, or its licensee, which permit the auditor to use postal service
change-of-address information. If the auditor ((finds that information
received under such a contract gives the appearance)) receives change of
address information from the United States postal service that indicates
that a voter has changed his or her residence address((, the auditor
shall notify the voter concerning the requirements of state and federal laws
governing voter registration and residence)) within the county, the
auditor shall transfer the registration of that voter and send an
acknowledgement notice of the transfer to the new address. If the auditor
receives postal change of address information indicating that the voter has
moved out of the county, the auditor shall send a confirmation notice to the
voter, send the voter a registration-by-mail form at the voter's new address,
and advise the voter of the need to reregister in the new county. The auditor
shall place the voter's registration on inactive status;
(2) ((Whenever any
vote-by-mail ballot, notification to voters following reprecincting of the
county, notification to voters of selection to serve on jury duty, notification
under subsection (1) of this section, or voter identification card other than a
voter identification card issued under RCW 29.08.060 is returned by the postal
service as undeliverable, the county auditor shall, in every instance, inquire
into the validity of the registration of that voter.
(3) The county
auditor shall initiate his or her inquiry by sending, by first-class mail, a
written notice to the challenged voter at the address indicated on the voter's
permanent registration record and to any other address at which the county
auditor could reasonably expect mail to be received by the voter. The county
auditor shall not request any restriction on the forwarding of such notice by
the postal service. The notice shall contain the nature of the inquiry and
provide a suitable form for reply. The notice shall also contain a warning
that the county auditor must receive a response within ninety days from the
date of mailing the notice of inquiry in a case resulting from a returned
vote-by-mail ballot or forty-five days from the date of mailing in all other
cases or the individual's voter registration will be canceled.
(4) The voter, in
person or in writing, may state that the information on the permanent voter
registration record is correct or may request a change in the address
information on the permanent registration record no later than the ninetieth
day or forty-fifth day, as appropriate, after the date of mailing the inquiry.
(5) Upon the timely
receipt of a response signed by the voter, the county auditor shall consider the
inquiry satisfied and will make any address corrections requested by the voter
on the permanent registration record. The county auditor shall cancel the
registration of a voter who fails to respond to the notice of inquiry within
ninety days after the date of mailing the notice in a case resulting from a
returned vote-by-mail ballot, or, in all other cases, within forty-five days
after the date of mailing.
(6) The county
auditor shall notify any voter whose registration has been canceled by sending,
by first class mail, a written notice to the address indicated on the voter's
permanent registration record and to any other address to which the original
inquiry was sent. Upon receipt of a satisfactory voter response, the auditor
shall reinstate the voter.
(7) A voter whose
registration has been canceled under this section and who offers to vote at the
next ensuing election shall be issued a questioned ballot. Upon receipt of
such a questioned ballot the auditor shall investigate the circumstances surrounding
the original cancellation. If he or she determines that the cancellation was
in error, the voter's registration shall be immediately reinstated, and the
voter's questioned ballot shall be counted. If the original cancellation was
not in error, the voter shall be afforded the opportunity to reregister at his
or her correct address, and the voter's questioned ballot shall not be counted.)) A direct, nonforwardable, first-class,
return if undeliverable, address correction requested, mailing to every registered
voter within the county. If address correction information for a voter is
received by the county auditor after this mailing, the auditor shall place that
voter on inactive status and shall send to the voter a confirmation notice;
(3) Any other method
approved by the secretary of state.
NEW SECTION. Sec.
45. A new section is added
to chapter 29.10 RCW to read as follows:
Confirmation notices
must be on a form prescribed by, or approved by, the secretary of state and
must request that the voter confirm that he or she continues to reside at the
address of record and desires to continue to use that address for voting
purposes. The notice must inform the voter that if the voter does not respond
to the notice and does not vote in either of the next two federal elections,
his or her voter registration will be canceled.
NEW SECTION. Sec.
46. A new section is added
to chapter 29.10 RCW to read as follows:
If the response to the
confirmation notice provides the county auditor with the information indicating
that the voter has moved within the county, the auditor shall transfer the
voter's registration. If the response indicates that the voter has left the county,
the auditor shall cancel the voter's registration.
NEW SECTION. Sec.
47. A new section is added
to chapter 29.10 RCW to read as follows:
(1) A voter whose
registration has been made inactive under this chapter and who offers to vote
at an ensuing election before two federal elections have been held shall be
allowed to vote a regular ballot and the voter's registration restored to
active status.
(2) A voter whose
registration has been properly canceled under this chapter shall vote a special
ballot. The voter shall mark the special ballot in secrecy, the ballot shall
be placed in a security envelope, the security envelope placed in a special
ballot envelope, and the reasons for the use of the special ballot noted.
(3) Upon receipt of
such a voted special ballot the auditor shall investigate the circumstances
surrounding the original cancellation. If he or she determines that the
cancellation was in error, the voter's registration shall be immediately
reinstated, and the voter's special ballot shall be counted. If the original
cancellation was not in error, the voter shall be afforded the opportunity to
reregister at his or her correct address, and the voter's special ballot shall
not be counted.
Sec. 48. RCW 29.36.120 and 1993 c
417 s 1 are each amended to read as follows:
At any primary or
election, general or special, the county auditor may, in any precinct having
fewer than two hundred active registered voters at the time of closing
of voter registration as provided in RCW 29.07.160, conduct the voting in that
precinct by mail ballot. For any precinct having fewer than two hundred active
registered voters where voting at a primary or a general election is conducted
by mail ballot, the county auditor shall, not less than fifteen days prior to
the date of that primary or general election, mail or deliver to each active
and inactive registered voter within that precinct a notice that the voting
in that precinct will be by mail ballot, an application form for a mail ballot,
and a postage prepaid envelope, preaddressed to the issuing officer. A mail
ballot shall be issued to each voter who returns a properly executed
application to the county auditor no later than the day of that primary or
general election. ((Such application is valid)) For all
subsequent mail ballot elections in that precinct the application is valid
so long as the voter remains active and qualified to vote. In
determining the number of registered voters in a precinct for the purposes of
this section, persons who are ongoing absentee voters under RCW 29.36.013 shall
not be counted. Nothing in this section may be construed as altering the vote
tallying requirements of RCW 29.62.090.
At any nonpartisan
special election not being held in conjunction with a state primary or general
election, the county, city, town, or district requesting the election pursuant
to RCW 29.13.010 or 29.13.020 may also request that the election be conducted
by mail ballot. The county auditor may honor the request or may determine that
the election is not to be conducted by mail ballot. The decision of the county
auditor in this regard is final.
In no instance shall
any special election be conducted by mail ballot in any precinct with two
hundred or more active registered voters if candidates for partisan
office are to be voted upon.
For all special
elections not being held in conjunction with a state primary or state general
election where voting is conducted by mail ballot, the county auditor shall,
not less than fifteen days prior to the date of such election, mail or deliver
to each active registered voter a mail ballot and an envelope,
preaddressed to the issuing officer. The auditor shall send each inactive
voter either a ballot or an application to receive a ballot. The auditor shall
determine which of the two is to be sent. If the inactive voter returns a
voted ballot, the ballot shall be counted and the voter's status restored to
active. If the inactive voter completes and returns an application, a ballot
shall be sent and the voter's status restored to active.
Sec. 49. RCW 29.36.121 and 1993 c
417 s 2 are each amended to read as follows:
(1) At any nonpartisan
special election not being held in conjunction with a state primary or general
election, the county, city, town, or district requesting the election pursuant
to RCW 29.13.010 or 29.13.020 may also request that the election be conducted
by mail ballot. The county auditor may honor the request or may determine that
the election is not to be conducted by mail ballot. The decision of the county
auditor in this regard is final.
(2) In an odd-numbered
year, the county auditor may conduct by mail ballot a primary or a special
election concurrently with the primary:
(a) For any office or
ballot measure of a special purpose district which is entirely within the
county;
(b) For any office or
ballot measure of a special purpose district which lies in the county and one
or more other counties if the auditor first secures the concurrence of the
county auditors of those other counties to conduct the primary in this manner
district-wide; and
(c) For any ballot
measure or nonpartisan office of a county, city, or town if the auditor first
secures the concurrence of the legislative authority of the county, city, or
town involved.
A primary in an
odd-numbered year may not be conducted by mail ballot in any precinct with two
hundred or more active registered voters if a partisan office or state
office or state ballot measure is to be voted upon at that primary in the
precinct.
(3) For all special
elections not being held in conjunction with a state primary or state general
election where voting is conducted by mail ballot, the county auditor shall,
not less than fifteen days before the date of such election, mail or deliver to
each registered voter a mail ballot and an envelope, preaddressed to the
issuing officer. The county auditor shall notify an election jurisdiction for
which a primary is to be held that the primary will be conducted by mail
ballot.
(4) To the extent they
are not inconsistent with subsections (1) through (3) of this section, the laws
governing the conduct of mail ballot special elections apply to nonpartisan
primaries conducted by mail ballot.
Sec. 50. RCW 29.36.122 and 1993 c
417 s 3 are each amended to read as follows:
For any special
election conducted by mail, the county auditor shall send a mail ballot with a
return identification envelope to each active registered voter of the
district in which the special election is being conducted not sooner than the
twenty-fifth day before the date of the election and not later than the
fifteenth day before the date of the election. The envelope in which the
ballot is mailed must clearly indicate that the ballot is not to be forwarded
and is to be returned to the sender with return postage guaranteed. The
auditor shall send an application to receive a ballot to all inactive voters of
the district. Upon receipt of a completed application the auditor shall send a
ballot and restore the voter's status to active.
Sec. 51. RCW 29.48.010 and 1990 c
59 s 35 are each amended to read as follows:
The county auditor
shall provide in each polling place a sufficient number of voting booths or
voting devices along with any supplies necessary to enable the voter to mark or
register his or her choices on the ballot and within which the voters may cast
their votes in secrecy. Where paper ballots are used for voting, the number of
voting booths shall be at least one for every fifty active registered
voters in the precinct.
Sec. 52. RCW 46.20.205 and 1989 c
337 s 6 are each amended to read as follows:
Whenever any person
after applying for or receiving a driver's license or identicard moves from the
address named in the application or in the license or identicard issued to him
or her or when the name of a licensee or holder of an identicard is changed by
marriage or otherwise, the person shall within ten days thereafter notify the
department in writing on a form provided by the department of his or her old
and new addresses or of such former and new names and of the number of any
license then held by him or her. The written notification is the exclusive
means by which the address of record maintained by the department concerning
the licensee or identicard holder may be changed. The form must contain a
place for the person to indicate that the address change is not for voting
purposes. The department of licensing shall notify the secretary of state by
the means described in RCW 29.07.270(3) of all change of address information
received by means of this form except information on persons indicating that
the change is not for voting purposes. Any notice regarding the
cancellation, suspension, revocation, probation, or nonrenewal of the driver's
license, driving privilege, or identicard mailed to the address of record of
the licensee or identicard holder is effective notwithstanding the licensee's
or identicard holder's failure to receive the notice.
NEW SECTION. Sec.
53. The following acts or
parts of acts are each repealed:
(1) RCW 29.07.015 and 1985 c
205 s 15;
(2) RCW 29.07.020 and 1971
ex.s. c 202 s 5 & 1965 c 9 s 29.07.020;
(3) RCW 29.07.050 and 1971
ex.s. c 202 s 7 & 1965 c 9 s 29.07.050;
(4) RCW 29.07.060 and 1973 1st
ex.s. c 21 s 1, 1971 ex.s. c 202 s 8, & 1965 c 9 s 29.07.060;
(5) RCW 29.07.065 and 1986 c
167 s 4 & 1973 1st ex.s. c 21 s 2;
(6) RCW 29.07.095 and 1973 1st
ex.s. c 21 s 6, 1971 ex.s. c 202 s 12, & 1965 c 9 s 29.07.095;
(7) RCW 29.07.105 and 1971
ex.s. c 202 s 14 & 1965 c 9 s 29.07.105; and
(8) RCW 29.10.095 and 1971
ex.s. c 202 s 30 & 1965 c 9 s 29.10.095.
NEW SECTION. Sec.
54. RCW 29.10.080 and 1977
ex.s. c 361 s 27, 1971 ex.s. c 202 s 28, 1967 ex.s. c 109 s 3, & 1965 c 9 s
29.10.080 are each repealed.
NEW SECTION. Sec.
55. If any provision of this
act or its application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other persons or
circumstances is not affected.
NEW
SECTION. Sec. 56. Sections 1 through 3, 7,
10 through 12, 21, 22, 25, 27, 28, 31 through 34, 37 through 40, 42, 44 through
52, and 54 of this act take effect January 1, 1995.
