[atlas:bill]

AN ACT Relating to establishing a data base for voter registration purposes; amending RCW 29.10.185, 29.10.020, 29.10.051, 29.10.110, 29.10.180, 29.10.071, 11.88.010, and 36.22.200; adding a new section to chapter 29.10 RCW; adding a new section to chapter 72.09 RCW; creating a new section; providing an effective date; and providing an expiration date.

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 a data base containing:

(a) The names, residential addresses, and active or inactive voting status of all persons registered to vote in the state;

(b) The names of persons convicted in the state for infamous crimes as defined in RCW 29.01.080;

(c) The names and residential addresses of persons declared incompetent for purposes of rationally exercising the right to vote under chapter 11.88 RCW;

(d) The names, residential addresses, and former names of persons who have legally changed their names;

(e) Change of address information received under RCW 29.10.020 and 29.10.180; and

(f) Cancellation information received under RCW 29.10.110.

(2) The secretary of state shall, at a minimum, update the data base on a monthly 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, 2002.

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;

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

(d) Persons who have changed their addresses within the same county; and

(e) Persons registered 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~~)) use the data base created in section 1 of this act to create 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;

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

(d) Who have changed their addresses within the same county; and

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

(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 29.10.020 and 1994 c 57 s 35 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 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 the address 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 county auditor shall, on the tenth day of each month, submit to the secretary of state the names and change of address information of any voters who have changed their voting addresses under this section during the previous month.

The secretary of state may adopt rules facilitating the transfer of a registration by telephone authorized by this section.

Sec. 4. RCW 29.10.051 and 1994 c 57 s 37 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 registration assistant and signing such a change-of-name notice; (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. The county auditor shall, on the tenth day of each month, submit to the secretary of state the name change information of any voters who have changed their names under this section during the previous month.

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.

Sec. 5. RCW 29.10.110 and 1991 c 81 s 26 are each amended to read as follows:

Every county auditor shall carefully preserve in a separate file or list the registration records of persons whose voter registrations have been canceled as authorized under this title. The files or lists shall be kept in the manner prescribed by rule by the secretary of state. Information from such canceled registration records is available for public inspection and copying to the same extent established by RCW 29.07.130 for other voter registration information. The county auditor shall, on the tenth day of each month, submit to the secretary of state the cancellation information of any voters whose registrations have been canceled during the previous month.

The county auditor may destroy the voter registration information and records of any person whose voter registration has been canceled for a period of two years or more.

Sec. 6. 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 shall submit results of the program to the secretary of state. 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. 7. RCW 29.10.071 and 1994 c 57 s 38 are each amended 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;

(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 RCW 29.07.420, 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.

(3) A county auditor shall, on the tenth day of each month, submit to the secretary of state the names and residential addresses of any voters who have been assigned to inactive status under this section during the previous month.

Sec. 8. 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 and residential address of the incompetent person.

NEW SECTION. Sec. 9. A new section is added to chapter 72.09 RCW to read as follows:

The secretary shall:

(1) By September 1, 2001, submit to the secretary of state the names and sentences of all offenders incarcerated on that date for infamous crimes as defined in RCW 29.01.080; and

(2) On the tenth day of each month thereafter, submit to the secretary of state:

(a) The names and sentences of any offenders who have been incarcerated for infamous crimes as defined in RCW 29.01.080 during the previous month; and

(b) The names of any offenders convicted of infamous crimes as defined in RCW 29.01.080 who have been released from incarceration during the previous month.

Sec. 10. 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. 11. (1) The secretary of state shall study and recommend to the legislature methods to improve the data base required by section 1 of this act. When conducting the study, the secretary shall consider the following:

(a) Requiring state agencies that maintain lists containing the names and residential addresses of citizens to submit change of address information to the secretary of state;

(b) Requiring businesses that become aware of citizens changing their addresses through the normal course of business to submit change of address information to the secretary of state;

(c) Contracting with the federal government and other states to obtain lists of persons convicted of federal felonies or felonies in other states; and

(d) Any other method of increasing the amount and accuracy of the information in the data base.

(2) The secretary of state shall consider the privacy interests of persons whose information is contained in the data base when making the recommendations required by this section.

(3) The secretary of state shall report the findings to the legislature by December 1, 2001.

(4) This section expires January 1, 2002.

NEW SECTION. Sec. 12. Section 2 of this act takes effect January 1, 2003.