[atlas:bill]

AN ACT Relating to establishing a data base for voter registration purposes; amending RCW 29.10.185, 29.10.180, 29.04.150, 11.88.010, and 36.22.200; adding a new section to chapter 29.10 RCW; and adding a new section to chapter 72.09 RCW.

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

NEW SECTION. Sec. 1. A new section is added to chapter 29.10 RCW to read as follows:

(1) The secretary of state shall establish and maintain an automated data base containing the name, residential address, date of birth, county of residence, legislative district, congressional district, date of registration, last two dates voted, signature image, and any other information deemed necessary by the secretary of state for each person registered to vote in the state.

(2) The secretary of state shall, at a minimum, update the data base on a biannual basis.

(3) The secretary of state shall prohibit the public inspection and copying of portions of the data base containing information exempt from public inspection and copying under chapter 42.17 RCW.

(4) The secretary of state shall establish the data base by July 1, 2003.

Sec. 2. RCW 29.10.185 and 1999 c 100 s 4 are each amended to read as follows:

(1) In addition to the case-by-case cancellation procedure required in RCW 29.10.040, the county auditor, in conjunction with the office of the secretary of state, shall participate in an annual list maintenance program designed to detect:

(a) Persons excluded from elective franchise due to a conviction for an infamous crime under Article VI, section 3 of the state Constitution who are housed in a state correctional facility;

(b) Persons declared incompetent for purposes of rationally exercising the right to vote in guardianship proceedings under chapter 11.88 RCW;

(d) Persons registered in more than one county; and

(e) Persons voting in more than one county.

((~~This~~)) (2) The program must be applied uniformly throughout the county and must be nondiscriminatory in its application. The program must be completed not later than thirty days before the date of a primary or general election.

(3) The office of the secretary of state shall cause to be created a list of registered voters:

(a) Who are excluded from elective franchise due to a conviction for an infamous crime under Article VI, section 3 of the state Constitution and are housed in a state correctional facility;

(b) Who have been declared incompetent for purposes of rationally exercising the right to vote in guardianship proceedings under chapter 11.88 RCW;

(d) With the same date of birth and similar names who appear on two or more county lists of registered voters; or

(e) Who have voted in more than one county at the same election.

(4) The office of the secretary of state shall forward ((~~this~~)) the list required by subsection (3) of this section to each county auditor so that they may properly cancel the ((~~previous~~)) registration of voters who ((~~have subsequently~~)) are improperly registered in ((~~a different~~)) the county.

(5)(a) For a voter who is registered in more than one county, 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 and the signature provided to the new county on the voter's new registration were made by the same person. (b) For a voter who is ineligible to vote due to conviction of an infamous crime or incompetence, the county auditor shall cancel the registration of the voter if the voter's name appears on the list required by subsection (3) of this section, and it appears that the voter on the list and the voter whose registration is being canceled are the same person.

(c) For a voter who has legally changed his or her name, but not changed his or her voter registration, the county auditor shall send the voter instructions on how to change his or her name for registration purposes under RCW 29.10.051.

(6) The office of the secretary of state shall adopt rules to facilitate this process.

Sec. 3. RCW 29.10.180 and 1999 c 100 s 2 are each amended to read as follows:

In addition to the case-by-case maintenance required under RCW 29.10.071 and 29.10.075 and the canceling of registrations under RCW 29.10.090, the county auditor shall establish a general program of voter registration list maintenance. This program must be a thorough review that is applied uniformly throughout the county and must be nondiscriminatory in its application. Any program established must be completed at least once every two years and not later than ninety days before the date of a primary or general election for federal office. The county auditor may substitute the results of any address screening program conducted by the secretary of state in lieu of other methods. 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 receives change of address information from the United States postal service that indicates that a voter has changed his or her residence address within the county, the auditor shall transfer the registration of that voter and send a confirmation notice informing the voter 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 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) A direct, nonforwardable, nonprofit or first-class mailing to every registered voter within the county bearing the postal endorsement "Return Service Requested." 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.

Sec. 4. RCW 29.04.150 and 1993 c 441 s 1 are each amended to read as follows:

(1) No later than June 15th or November 15th, any political party organization or any other individual may request in writing from the secretary of state to receive a copy of the subsequent statewide computer file of registered voters compiled under subsection (2) of this section. At the time it makes this request, the political party or individual shall deposit sufficient funds with the secretary of state to pay for the cost of assembling, compiling, and distributing the computer file of registered voters and shall agree to the statutory restrictions regarding the commercial use of this data.

(2) Not earlier than January 1st or July 1st subsequent to the receipt of a request and deposit under subsection (1) of this section, or at the request of the secretary of state, each county auditor shall provide to the secretary of state, or a data processing agency designated by the secretary of state, a duplicate computer tape or data file of the records of the registered voters in that county, containing the information specified in ((~~RCW 29.07.220. The secretary of state shall reimburse each county for the actual cost of reproduction and mailing of the duplicate computer tape or data file~~)) section 1 of this act.

Sec. 5. RCW 11.88.010 and 1991 c 289 s 1 are each amended to read as follows:

(1) The superior court of each county shall have power to appoint guardians for the persons and/or estates of incapacitated persons, and guardians for the estates of nonresidents of the state who have property in the county needing care and attention.

(a) For purposes of this chapter, a person may be deemed incapacitated as to person when the superior court determines the individual has a significant risk of personal harm based upon a demonstrated inability to adequately provide for nutrition, health, housing, or physical safety.

(b) For purposes of this chapter, a person may be deemed incapacitated as to the person's estate when the superior court determines the individual is at significant risk of financial harm based upon a demonstrated inability to adequately manage property or financial affairs.

(c) A determination of incapacity is a legal not a medical decision, based upon a demonstration of management insufficiencies over time in the area of person or estate. Age, eccentricity, poverty, or medical diagnosis alone shall not be sufficient to justify a finding of incapacity.

(d) A person may also be determined incapacitated if he or she is under the age of majority as defined in RCW 26.28.010.

(e) For purposes of giving informed consent for health care pursuant to RCW 7.70.050 and 7.70.065, an "incompetent" person is any person who is (i) incompetent by reason of mental illness, developmental disability, senility, habitual drunkenness, excessive use of drugs, or other mental incapacity, of either managing his or her property or caring for himself or herself, or both, or (ii) incapacitated as defined in (a), (b), or (d) of this subsection.

(f) For purposes of the terms "incompetent," "disabled," or "not legally competent," as those terms are used in the Revised Code of Washington to apply to persons incapacitated under this chapter, those terms shall be interpreted to mean "incapacitated" persons for purposes of this chapter.

(2) The superior court for each county shall have power to appoint limited guardians for the persons and estates, or either thereof, of incapacitated persons, who by reason of their incapacity have need for protection and assistance, but who are capable of managing some of their personal and financial affairs. After considering all evidence presented as a result of such investigation, the court shall impose, by order, only such specific limitations and restrictions on an incapacitated person to be placed under a limited guardianship as the court finds necessary for such person's protection and assistance. A person shall not be presumed to be incapacitated nor shall a person lose any legal rights or suffer any legal disabilities as the result of being placed under a limited guardianship, except as to those rights and disabilities specifically set forth in the court order establishing such a limited guardianship. In addition, the court order shall state the period of time for which it shall be applicable.

(3) Venue for petitions for guardianship or limited guardianship shall lie in the county wherein the alleged incapacitated person is domiciled, or if such person resides in a facility supported in whole or in part by local, state, or federal funding sources, in either the county where the facility is located, the county of domicile prior to residence in the supported facility, or the county where a parent or spouse of the alleged incapacitated person is domiciled.

If the alleged incapacitated person's residency has changed within one year of the filing of the petition, any interested person may move for a change of venue for any proceedings seeking the appointment of a guardian or a limited guardian under this chapter to the county of the alleged incapacitated person's last place of residence of one year or more. The motion shall be granted when it appears to the court that such venue would be in the best interests of the alleged incapacitated person and would promote more complete consideration of all relevant matters.

(4) Under RCW 11.94.010, a principal may nominate, by a durable power of attorney, the guardian or limited guardian of his or her estate or person for consideration by the court if guardianship proceedings for the principal's person or estate are thereafter commenced. The court shall make its appointment in accordance with the principal's most recent nomination in a durable power of attorney except for good cause or disqualification.

(5) When a court imposes a full guardianship for an incapacitated person, the person shall be considered incompetent for purposes of rationally exercising the right to vote and shall lose the right to vote, unless the court specifically finds that the person is rationally capable of exercising the franchise. Imposition of a limited guardianship for an incapacitated person shall not result in the loss of the right to vote unless the court determines that the person is incompetent for purposes of rationally exercising the franchise. A court imposing a full or limited guardianship that results in the incapacitated person losing his or her right to vote shall, within fourteen days of the establishment of the guardianship, submit to the secretary of state the name, date of birth, and residential address of the incompetent person.

Sec. 6. RCW 36.22.200 and 1992 c 30 s 2 are each amended to read as follows:

Upon receipt of the fee and the name change order from the district court as provided in RCW 4.24.130, the county auditor shall file and record the name change order and send a copy of the order to the secretary of state.

NEW SECTION. Sec. 7. A new section is added to chapter 72.09 RCW to read as follows:

By June 1, 2002, and each month thereafter, the secretary of corrections shall submit to the secretary of state, a list of persons convicted of infamous crimes under Article VI, section 3 of the state Constitution and housed in state correctional facilities. The list must include each person's complete name, last known address before incarceration, and date of birth.