BILL REQ. #:  H-3830.1 

Read first time 01/13/2004.   Referred to Committee on State Government.

     AN ACT Relating to ensuring persons who vote are United States citizens; amending RCW 29A.08.010, 29A.08.110, 29A.08.210, 29A.08.220, 29A.08.250, and 46.20.155; adding a new section to chapter 29A.08 RCW; repealing RCW 29A.08.230; and providing an effective date.

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

Sec. 1   RCW 29A.08.010 and 2003 c 111 s 201 are each amended to read as follows:
     As used in this chapter: "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 proof that the applicant is a United States citizen, the applicant's name, complete residence address, date of birth, and a signature attesting to the truth of the information provided on the application. Proof of citizenship is not required if an applicant is transferring his or her voter registration within a county or between counties in this state. All other information supplied is ancillary and not to be used as grounds for not registering an applicant to vote.

Sec. 2   RCW 29A.08.110 and 2003 c 111 s 206 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 proof that the applicant is a United States citizen, 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. Proof of citizenship is not required if an applicant is transferring his or her voter registration within a county or between counties in this state. 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. 3   RCW 29A.08.210 and 2003 c 111 s 216 are each amended to read as follows:
     (1) 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) Proof that the applicant is a United States citizen;
     (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 (e) of this subsection (((4) of this section));
     (((6))) (g) The sex of the applicant;
     (((7) A declaration that the applicant is a citizen of the United States;
     (8))) (h) The applicant's signature; and
     (((9))) (i) 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 declaration:

     "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. 4   RCW 29A.08.220 and 2003 c 111 s 217 are each amended to read as follows:
     (1) The secretary of state shall specify by rule the format of all voter registration applications. These applications shall be compatible with existing voter registration records. An applicant for voter registration shall be required to complete only one application and to provide the required information other than his or her signature no more than one time. If an applicant transfers his or her voter registration within a county or between counties of this state, he or she is not required to provide proof of citizenship. These applications shall also contain information for the voter to transfer his or her registration.
     Any application format specified by the secretary for use in registering to vote in state and local elections shall satisfy the requirements of the National Voter Registration Act of 1993 (P.L. 103-31) for registering to vote in federal elections.
     (2) The secretary of state shall adopt by rule a uniform data format for transferring voter registration records on machine-readable media.
     (3) All registration applications required under RCW 29A.08.210 and 29A.08.340 shall be produced and furnished by the secretary of state to the county auditors and the department of licensing.
     (4) The secretary of state shall produce and distribute any instructional material and other supplies needed to implement RCW 29A.08.340 and 46.20.155.
     (5) Any notice or statement that must be provided under the National Voter Registration Act of 1993 (P.L. 103-31) to prospective registrants concerning registering to vote in federal elections shall also be provided to prospective registrants concerning registering to vote under this title in state and local elections as well as federal elections.

Sec. 5   RCW 29A.08.250 and 2003 c 111 s 220 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 must include clear and conspicuous language, designed to draw an applicant's attention, stating that the applicant must ((be a)) provide proof that the applicant is a United States citizen in order to register to vote.

Sec. 6   RCW 46.20.155 and 2001 c 41 s 14 are each amended to read as follows:
     (1) 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?"

     (2) 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. Are you a United States citizen?"

     (3) If the applicant responds in the affirmative that he or she is a United States citizen, 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. 7   A new section is added to chapter 29A.08 RCW to read as follows:
     A person may prove that he or she is a United States citizen with an original or copy of any one of the following:
     (1) A United States passport;
     (2) A certified birth certificate issued by the city, county, or state. A certified birth certificate has a registrar's raised, embossed, impressed, or multicolored seal, registrar's signature, and the date the certificate was filed with the registrar's office, which must be within one year of birth;
     (3) A consular report of birth abroad or certification of birth;
     (4) A naturalization certificate; or
     (5) A certificate of citizenship.

NEW SECTION.  Sec. 8   RCW 29A.08.230 (Oath of applicant) and 2003 c 111 s 218, 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. 9   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.

NEW SECTION.  Sec. 10   This act takes effect July 1, 2004.