Z-0893.1 _______________________________________________
HOUSE BILL 1759
_______________________________________________
State of Washington 54th Legislature 1995 Regular Session
By Representatives Brumsickle, Veloria, Goldsmith and Cody; by request of Secretary of State
Read first time 02/07/95. Referred to Committee on Government Operations.
AN ACT Relating to accessibility of polling and registration places; amending RCW 29.57.010, 29.57.070, 29.57.090, 29.57.100, 29.57.130, 29.57.140, 29.57.150, and 29.57.160; and repealing RCW 29.57.030, 29.57.080, 29.57.110, and 29.57.120.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 29.57.010 and 1985 c 205 s 1 are each amended to read as follows:
The intent of this
chapter is to ((implement Public Law 98-435 which)) require((s))
state and local election officials((, wherever possible,)) to designate
and use polling places in ((federal)) all elections and permanent
registration locations which are accessible to elderly and handicapped
persons. County auditors ((are encouraged to)) shall:
(1) Make modifications such as installation of temporary ramps or relocation of polling places within buildings, where appropriate;
(2) Designate new, accessible polling places to replace those that are inaccessible; and
(3) Continue to use polling places and voter registration locations which are accessible to elderly and handicapped persons.
Sec. 2. RCW 29.57.070 and 1985 c 205 s 3 are each amended to read as follows:
No later than April 1st
of each even-numbered year ((until and including 1994)), each county
auditor shall ((report)) submit to the secretary of state((,
on the form provided by the secretary of state,)) a list showing the
number of ((all)) polling places in the county((,)) and
specifying any that have been found inaccessible. The auditor shall indicate
the reasons for inaccessibility, and what efforts have been made pursuant to
this chapter to locate alternative polling places or to make the existing
facilities temporarily accessible. ((Each county auditor shall notify the
secretary of state of any changes in polling place locations before the next
state general election, including any changes required due to alteration of
precinct boundaries.))
Sec. 3. RCW 29.57.090 and 1985 c 205 s 5 are each amended to read as follows:
The secretary of state
shall establish procedures to assure that, in any ((state)) primary or
((state general)) election ((in an even-numbered year)), any
handicapped or elderly voter assigned to an inaccessible polling place will,
upon advance request of that voter, either be permitted to vote at an
alternative accessible polling place not overly inconvenient to that voter or
be provided with an alternative means of casting a ballot on the day of the
primary or election. The county auditor shall make any accommodations in
voting procedures necessary to allow the use of alternative polling places by
elderly or handicapped voters under this section.
Sec. 4. RCW 29.57.100 and 1985 c 205 s 6 are each amended to read as follows:
Each polling place ((for
a state primary or state general election in an even-numbered year shall)) must
be accessible unless:
(1) The ((secretary
of state has reviewed that polling place,)) county auditor has
determined that it is inaccessible, that no alternative accessible polling
place is available, that no temporary modification of that polling place or any
alternative polling place is possible, and that the county auditor has complied
with the procedures established under RCW 29.57.090; or
(2) The secretary of
state determines that a state of emergency exists that would otherwise interfere
with the efficient administration of ((that)) the primary or
election.
Sec. 5. RCW 29.57.130 and 1985 c 205 s 9 are each amended to read as follows:
(1) Each county auditor shall provide voting and registration instructions, printed in large type, to be conspicuously displayed at each polling place and permanent registration facility.
(2) The ((secretary
of state)) county auditor shall make information available for deaf
persons throughout the state by telecommunications.
Sec. 6. RCW 29.57.140 and 1985 c 205 s 10 are each amended to read as follows:
The ((secretary of
state)) county auditor shall provide public notice of the
availability of registration and voting aids, assistance to elderly and
handicapped persons ((under RCW 29.51.200 and 42 U.S.C. Section 1973aa-6)),
and procedures for voting by absentee ballot calculated to reach elderly and
handicapped persons not later than public notice of the closing of registration
for ((the state)) a primary ((and state general)) or
election ((in each even-numbered year)).
Sec. 7. RCW 29.57.150 and 1985 c 205 s 11 are each amended to read as follows:
Each county auditor
shall include a notice of the accessibility of polling places in the notice of
election published under RCW 29.27.030 and 29.27.080 ((for the state primary
and state general election in each even-numbered year)).
Sec. 8. RCW 29.57.160 and 1985 c 205 s 12 are each amended to read as follows:
(1) County auditors
shall seek alternative polling places or other low-cost alternatives including,
but not limited to, procedural changes and assistance from local disabled
groups, service organizations, and other private sources before incurring costs
for modifications under this chapter ((and Public Law 98-435)).
(2) ((In a state
primary or state general election in an even-numbered year,)) The
cost of those modifications to buildings or other facilities, including signs
designating handicapped accessible parking and entrances, that are necessary to
permit the use of those facilities for polling places under this chapter ((and
Public Law 98-435)) or any procedures established under RCW 29.57.090 shall
be treated as election costs and prorated under RCW 29.13.045.
NEW SECTION. Sec. 9. The following acts or parts of acts are each repealed:
(1) RCW 29.57.030 and 1985 c 205 s 2 & 1979 ex.s. c 64 s 3;
(2) RCW 29.57.080 and 1985 c 205 s 4;
(3) RCW 29.57.110 and 1985 c 205 s 7; and
(4) RCW 29.57.120 and 1985 c 205 s 8.
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