H-3730.2  _______________________________________________

 

                          HOUSE BILL 2306

          _______________________________________________

 

State of Washington      55th Legislature     1998 Regular Session

 

By Representatives Smith, B. Thomas, Bush and Dunn

 

Prefiled 12/24/97.  Read first time 01/12/98.  Referred to Committee on Government Administration.

Determining citizenship of voter registration applicants.


    AN ACT Relating to voter registration; amending RCW 29.07.005, 29.07.070, 29.07.260, 29.08.060, 29.08.080, and 46.20.155; and repealing RCW 29.07.080.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

 

    Sec. 1.  RCW 29.07.005 and 1994 c 57 s 9 are each amended to read as follows:

    As used in this chapter and chapter 29.08 RCW, "information required for voter registration" or "required information" 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 citizenship designated as being United States citizenship, 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. 2.  RCW 29.07.070 and 1994 c 57 s 11 are each amended to read as follows:

    (1) Except as provided under RCW 29.07.260, an applicant for voter registration shall complete an application providing the following information concerning his or her qualifications as a voter in this state:

    (((1))) (a) The applicant's citizenship;

    (b) The address of the last former registration of the applicant as a voter in the state;

    (((2))) (c) The applicant's full name;

    (((3))) (d) The applicant's date of birth;

    (((4))) (e) The address of the applicant's residence for voting purposes;

    (((5))) (f) The mailing address of the applicant if that address is not the same as the address in ((subsection (4))) (e) of this subsection;

    (((6))) (g) The sex of the applicant((;

    (7) A declaration that the applicant is a citizen of the United States)); and

    (((8))) (h) 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.      (2) The applicant shall sign and attest to the following oath:

 

    "I declare that the facts 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 a felony, I will have lived in Washington at this address for thirty days before the next election at which I vote, and I will be at least eighteen years old when I vote."

 

    (3) The following warning shall appear in a conspicuous place on the voter registration form:

 

    "If you knowingly provide false information on this voter registration form or knowingly make a false declaration about your qualifications for voter registration you will have committed a class C felony that is punishable by imprisonment for up to five years, or by a fine of up to ten thousand dollars, or both imprisonment and fine."

 

    Sec. 3.  RCW 29.07.260 and 1994 c 57 s 21 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)) The applicant's citizenship;

    (b) The applicant's full name;

    (((b))) (c) Whether the address in the driver's license file is the same as ((his or her)) the applicant's residence for voting purposes;

    (((c))) (d) 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)) (e) The applicant's mailing address if it is not the same as the address in (((c))) (d) of this subsection;

    (((e))) (f) Additional information on the geographic location of that voting residence if it is only identified by route or box;

    (((f))) (g) The last address at which ((he or she)) the applicant 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 provide false information on this voter registration form or knowingly make a false declaration about your qualifications for voter registration you will have committed a class C felony that is punishable by imprisonment for up to five years, or by a fine of up to ten thousand dollars, or both 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 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 a felony, I will have lived in Washington at this address for thirty days before the next election at which I vote, and I will be at least eighteen years 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. 4.  RCW 29.08.060 and 1994 c 57 s 32 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 citizenship designated as being United States citizenship, 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 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 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, 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 an acknowledgement notice card is properly mailed as required by this section to the address listed by the voter as being the voter's mailing address and the notice is subsequently returned to the auditor by the postal service as being undeliverable to the voter at that address, the auditor shall promptly send the voter a confirmation notice.  The auditor shall place the voter's registration on inactive status pending a response from the voter to the confirmation notice.

 

    Sec. 5.  RCW 29.08.080 and 1993 c 434 s 8 are each amended to read as follows:

    The secretary of state shall furnish registration forms necessary to carry out the registration of voters as provided by this chapter without cost to the respective counties.  ((However, costs incurred by the secretary of state during 1994 and 1995 in the printing and distribution of voter registration forms shall be reimbursed by the counties.  This cost shall be considered an election cost under RCW 29.13.045 and be prorated as part of the 1994 and 1995 general election costs.))

 

    Sec. 6.  RCW 46.20.155 and 1990 c 143 s 6 are each amended to read as follows:

    Before issuing an original license or identification card or renewing a license or identification card under this chapter, the licensing agent shall determine if the applicant wants to register to vote or transfer his or her voter registration by asking the following as a single question:

 

    "Are you a United States citizen and do you want to register to vote or transfer your voter registration?".

 

    If the applicant ((chooses to register or transfer a registration)) responds in the affirmative, the agent shall provide the applicant with a voter registration form and instructions and shall record that the applicant has requested to register to vote or transfer a voter registration.

 

    NEW SECTION.  Sec. 7.  RCW 29.07.080 and 1994 c 57 s 12, 1990 c 143 s 8, 1973 1st ex.s. c 21 s 4, 1971 ex.s. c 202 s 10, & 1965 c 9 s 29.07.080 are each repealed.

 

    NEW SECTION.  Sec. 8.  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.

 


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