S-1778.1          _______________________________________________

 

                            SUBSTITUTE SENATE BILL 5727

                  _______________________________________________

 

State of Washington              54th Legislature             1995 Regular Session

 

By Senate Committee on Government Operations (originally sponsored by Senators Drew, Haugen, C. Anderson, Sheldon, Swecker, Winsley and Kohl; by request of Secretary of State)

 

Read first time 02/22/95.

 

Updating accessibility requirements for polling and registration places.



     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.))

     If a county auditor's list shows, for two consecutive reporting periods, that no polling places have been found inaccessible, the auditor need not submit further reports unless the secretary of state specifically reinstates the requirement for that county.  Notice of reinstatement must be in writing and delivered at least sixty days before the reporting date.

 

     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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