AN ACT Relating to
protecting the integrity of elections; amending RCW 29.07.092, 29.07.440,
29.08.080, 29.10.125, 29.10.185, 29.60.030, 46.20.155, and 29.07.260; adding a
new section to chapter 29.07 RCW; adding new sections to chapter 29.04 RCW;
adding new sections to chapter 29.85 RCW; adding a new section to chapter 46.20
RCW; creating a new section; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
NEW SECTION. Sec.
1. It is the policy of the
state of Washington to encourage every eligible person to register to vote and
to participate fully in all elections, and to protect the integrity of the
electoral process by providing equal access to the process while guarding
against discrimination and fraud. The election registration laws and the
voting laws of the state of Washington, and the requirements of this act, must
be administered without discrimination based upon race, creed, color, national
origin, sex, or political affiliation.
NEW SECTION. Sec.
2. A new section is added
to chapter 29.07 RCW to read as follows:
An election officer or
a person who intentionally disenfranchises an eligible citizen or discriminates
against a person eligible to vote by denying voter registration is guilty of a
misdemeanor punishable under RCW 9A.20.021.
NEW SECTION. Sec.
3. A new section is added
to chapter 29.04 RCW to read as follows:
In order to encourage
the broadest possible voting participation by all eligible citizens, the
secretary of state shall produce voter registration information in the foreign
languages required of state agencies. This information must be available no
later than January 1, 2002.
NEW SECTION. Sec.
4. A new section is added
to chapter 29.04 RCW to read as follows:
The secretary of state
shall cause to be produced a "voter guide" detailing what constitutes
voter fraud and discrimination under state election laws. This voter guide
must be provided to every county election officer and auditor, and any other
person upon request, no later than January 1, 2002.
NEW SECTION. Sec.
5. A new section is added
to chapter 29.04 RCW to read as follows:
The secretary of state
shall provide a toll-free media and web page designed to allow voter
communication with the office of the secretary of state.
Sec. 6. RCW 29.07.092 and 1975
1st ex.s. c 184 s 1 are each amended to read as follows:
The county auditor
shall acknowledge each new voter registration or transfer by providing or
sending the voter a card identifying his current precinct and containing such
other information as may be prescribed by the secretary of state. When a
person who has previously registered to vote in a jurisdiction applies for
voter registration in a new jurisdiction, the person shall provide on the
registration form, all information needed to cancel any previous registration.
The county auditor shall forward any information pertaining to the voter's
prior voter registration to the county where the voter was previously
registered, so that registration may be canceled. If the prior voter
registration is in another state, the notification must be made to the state elections
office of that state. A county auditor receiving official information that a
voter has registered to vote in another jurisdiction shall immediately cancel
that voter's registration.
Sec. 7. RCW 29.07.440 and 1994 c
57 s 28 are each amended to read as follows:
(1) The secretary of
state shall prescribe the method of voter registration for each designated
agency. The agency shall use either the state voter registration by mail form
with a separate declination form for the applicant to indicate that he or she
declines to register at this time, or the agency may use a separate form
approved for use by the secretary of state.
(2) The person
providing service at the agency shall offer voter registration services to
every client whenever he or she applies for service or assistance and with each
renewal, recertification, or change of address. The person providing service
shall give the applicant the same level of assistance with the voter registration
application as is offered to fill out the agency's forms and documents,
including information about age and citizenship requirements for voter
registration.
(3) If an agency uses a
computerized application process, it may, in consultation with the secretary of
state, develop methods to capture simultaneously the information required for
voter registration during a person's computerized application process.
(4) Each designated
agency shall provide for the voter registration application forms to be collected
from each agency office at least once each week. The agency shall then forward
the application forms to the secretary of state each week. The secretary of
state shall forward the forms to the county in which the applicant has
registered to vote no later than ten days after the date on which the forms
were received by the secretary of state.
Sec. 8. RCW 29.08.080 and 1999 c
298 s 7 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. All
voter registration forms printed after January 1, 2002, must include clear and
conspicuous language, designed to draw an applicant's attention, stating that
the applicant must be a United States citizen in order to register to vote.
Sec. 9. RCW 29.10.125 and 1987 c
288 s 1 are each amended to read as follows:
Registration of a
person as a voter is presumptive evidence of his or her right to vote at any
primary or election, general or special. A person's right to vote may be
challenged at the polls only by a precinct ((election officer)) judge
or inspector. A challenge may be made only upon the belief or knowledge of
the challenging officer that the voter is unqualified. The challenge must be
supported by evidence or testimony given to the county canvassing board under
RCW 29.10.127 and may not be based on unsupported allegations or allegations by
anonymous third parties. The identity of the challenger, and any third person
involved in the challenge, shall be public record and shall be announced at the
time the challenge is made.
Challenges initiated by
a registered voter must be filed not later than the day before any primary or
election, general or special, at the office of the appropriate county auditor.
A challenged voter may properly transfer or reregister until three days before
the primary or election, general or special, by applying personally to the
county auditor. Challenges may also be initiated by the office of the
county prosecuting attorney and must be filed in the same manner as challenges
initiated by a registered voter.
Sec. 10. RCW 29.10.185 and 1999 c
100 s 4 are each amended to read as follows:
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 persons
registered in more than one county or voting in more than one county in an
election. This 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.
The office of the
secretary of state shall cause to be created a list of registered voters with
the same date of birth and similar names who appear on two or more county lists
of registered voters. The office of the secretary of state shall forward this
list to each county auditor so that they may properly cancel the previous
registration of voters who have subsequently registered in a different 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. The office of the secretary of
state shall adopt rules to facilitate this process.
If a voter is
suspected of voting in two or more counties in an election, the county auditors
in each county shall cooperate without delay to determine the voter's county of
residence. The county auditor of the county of residence of the voter
suspected of voting in two or more counties shall take action under section 12
of this act without delay.
Sec. 11. RCW 29.60.030 and 1992 c
163 s 5 are each amended to read as follows:
The secretary of state
shall:
(1) Establish and
operate, or provide by contract, training and certification programs for state
and county elections administration officials and personnel, including
training on the various types of election law violations and discrimination,
and training programs for political party observers which conform to the rules
for such programs established under RCW 29.60.020;
(2) Administer tests
for state and county officials and personnel who have received such training
and issue certificates to those who have successfully completed the training
and passed such tests;
(3) Maintain a record
of those individuals who have received such training and certificates; and
(4) Provide the
staffing and support services required by the board created under RCW
29.60.010.
NEW SECTION. Sec.
12. A new section is added
to chapter 29.85 RCW to read as follows:
(1) A county auditor
who suspects a person of fraudulent voter registration, vote tampering, or
irregularities in voting shall transmit his or her suspicions and observations
without delay to the canvassing board.
(2) The county auditor
shall make a good faith effort to contact the person in question without
delay. If the county auditor is unable to contact the person, or if, after
contacting the person, the auditor still suspects fraudulent voter
registration, vote tampering, or irregularities in voting, the auditor shall
refer the issue to the county prosecuting attorney to determine if further
action is warranted.
(3) When a complaint
providing information concerning fraudulent voter registration, vote tampering,
or irregularities in voting are presented to the office of the prosecuting
attorney, that office shall file charges in all cases where warranted.
NEW SECTION. Sec.
13. A new section is added
to chapter 29.85 RCW to read as follows:
A person
who knows that he or she does not possess the legal qualifications of a voter
and who registers to vote is guilty of a misdemeanor punishable under RCW
9A.20.021.
Sec. 14. 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 question:
"Do you want to
register to vote or transfer your voter registration?"
If the applicant
chooses to register or transfer a registration, the agent shall state the
following:
"I would like
to remind you that you must be a United States citizen and at least eighteen
years of age in order to vote."
The agent shall then
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.
15. A new section is added
to chapter 46.20 RCW to read as follows:
The department shall
post signs at each driver licensing facility advertising the availability of
voter registration services and advising of the qualifications to register to
vote.
Sec. 16. RCW 29.07.260 and 1999 c
298 s 6 are each amended to read as follows:
(1) A person may
register to vote, transfer a voter registration, or change his or her name for
voter registration purposes 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, transfer his or her voter registration, or change his or her name for
voter registration purposes under this section, the applicant shall provide the
following:
(a) His or her full
name;
(b) Whether the address
in the driver's license file is the same as his or her residence for voting
purposes;
(c) 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 mailing
address if it is not the same as the address in (c) of this subsection;
(e) Additional
information on the geographic location of that voting residence if it is only
identified by route or box;
(f) The last address at
which he or she 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, other than an applicant's social security number, 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.
