BILL REQ. #:  Z-1069.1 

Read first time 01/20/2004.   Referred to Committee on Government Operations & Elections.

     AN ACT Relating to election-related crimes; amending RCW 29A.84.720, 29A.84.040, 29A.84.110, 29A.84.130, 29A.84.250, 29A.84.310, 29A.84.410, 29A.84.420, 29A.84.510, 29A.84.530, 29A.84.550, 29A.84.560, 29A.84.620, 29A.84.630, 29A.84.640, 29A.84.650, 29A.84.655, 29A.84.660, 29A.84.710, and 29A.84.730; reenacting and amending RCW 29A.84.230 and 29A.84.680; adding new sections to chapter 29A.84 RCW; creating a new section; recodifying RCW 29A.84.720; repealing RCW 29A.84.020, 29A.84.030, 29A.84.120, 29A.84.140, 29A.84.210, 29A.84.220, 29A.84.240, 29A.84.260, 29A.84.270, 29A.84.320, 29A.84.520, 29A.84.540, 29A.84.610, 29A.84.670, and 29A.84.740; prescribing penalties; and providing an effective date.

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

Sec. 1   RCW 29A.84.720 and 2003 c 111 s 2138 are each amended to read as follows:
     Except as otherwise provided by law, every person charged with the performance of any duty under the provisions of any law of this state relating to elections, including primaries, or the provisions of any charter or ordinance of any county, city, or town of this state relating to elections who ((willfully neglects or refuses to perform such duty, or who, in the performance of such duty, or in his or her official capacity,)) knowingly ((or fraudulently)) violates any of the provisions of law relating to such duty, is guilty of a class C felony, punishable under RCW 9A.20.021, and shall forfeit his or her office.

Sec. 2   RCW 29A.84.040 and 2003 c 111 s 2104 are each amended to read as follows:
     A person who removes or defaces lawfully placed political advertising including yard signs or billboards without authorization is guilty of a misdemeanor ((punishable to the same extent as a misdemeanor that is punishable under RCW 9A.20.021)). The defacement or removal of each item constitutes a separate violation.

Sec. 3   RCW 29A.84.110 and 2003 c 111 s 2105 are each amended to read as follows:
     ((If any)) A county auditor or registration assistant who:
     (1) ((Willfully neglects or refuses to perform any duty required by law in connection with the registration of voters)) Intentionally fails to place a voter registration applicant on the voter registration rolls when required by law; or
     (2) ((Willfully neglects or refuses to perform such duty in the manner required by voter registration law; or
     (3) Enters or causes or permits to be entered on the voter registration records the name of any person in any other manner or at any other time than as prescribed by voter registration law or enters or causes or permits to be entered on such records the name of any person not entitled to be thereon; or
     (4))) Places a voter registration applicant on the voter registration rolls knowing that the rejection of the application for registration is required by law; or
     (3) Destroys, mutilates, conceals, changes, or alters any registration record ((in connection therewith)) except as authorized by voter registration law,
((he or she)) is guilty of a ((gross misdemeanor punishable to the same extent as a gross misdemeanor that is)) class C felony, punishable under RCW 9A.20.021.

Sec. 4   RCW 29A.84.130 and 2003 c 111 s 2107 are each amended to read as follows:
     Any person who:
     (1) Knowingly provides false information on an application for voter registration under any provision of this title;
     (2) Knowingly makes or attests to a false declaration as to his or her qualifications as a voter;
     (3) Knowingly causes or permits himself or herself to be registered using the name of another person;
     (4) Knowingly causes himself or herself to be registered under two or more different names;
     (5) ((Knowingly causes himself or herself to be registered in two or more counties)) Registers to vote without disclosing previous registration information with the intent of causing himself or herself to be registered more than once or in more than one location;
     (6) Offers to pay another person to assist in registering voters, where payment is based on a fixed amount of money per voter registration;
     (7) Accepts payment for assisting in registering voters, where payment is based on a fixed amount of money per voter registration; or
     (8) Knowingly causes any person to be registered or causes any registration to be transferred or canceled except as authorized under this title,
is guilty of a class C felony, punishable under RCW 9A.20.021.

Sec. 5   RCW 29A.84.230 and 2003 c 111 s 2111 and 2003 c 53 s 182 are each reenacted and amended to read as follows:
     (1) Every person who knowingly signs an initiative ((or)), referendum, recall, or candidate petition with any other than his or her true name is guilty of a class C felony, punishable under RCW 9A.20.021.
     (2) Every person who knowingly signs more than one petition for the same initiative ((or)), referendum ((measure)), recall, or candidate or who signs ((an initiative or referendum)) any such petition knowing that he or she is not a legal voter or who makes a false statement as to his or her residence on any ((initiative or referendum)) such petition, is guilty of a gross misdemeanor.

Sec. 6   RCW 29A.84.250 and 2003 c 111 s 2113 are each amended to read as follows:
     Every person is guilty of a gross misdemeanor who:
     (1) For any consideration or gratuity or promise thereof, signs or declines to sign any initiative ((or)), referendum, recall, or candidate petition; or
     (2) Provides or receives consideration for soliciting or procuring signatures on an initiative ((or)), referendum, recall, or candidate petition if any part of the consideration is based upon the number of signatures solicited or procured, or offers to provide or agrees to receive such consideration any of which is based on the number of signatures solicited or procured; or
     (3) Gives or offers any consideration or gratuity to any person to induce him or her to sign or not to sign ((or to vote for or against any initiative or referendum measure)) an initiative, referendum, recall, or candidate petition; or
     (4) Interferes with or attempts to interfere with the right of any voter to sign or not to sign an initiative ((or)), referendum, recall, or candidate petition ((or with the right to vote for or against an initiative or referendum measure)) by threats, intimidation, or any other corrupt means or practice((; or
     (5) Receives, handles, distributes, pays out, or gives away, directly or indirectly, money or any other thing of value contributed by or received from any person, firm, association, or corporation whose residence or principal office is, or the majority of whose members or stockholders have their residence outside, the state of Washington, for any service rendered for the purpose of aiding in procuring signatures upon any initiative or referendum petition or for the purpose of aiding in the adoption or rejection of any initiative or referendum measure. This subsection does not apply to or prohibit any activity that is properly reported in accordance with the applicable provisions of chapter 42.17 RCW.
     A gross misdemeanor under this section is punishable to the same extent as a gross misdemeanor that is punishable under RCW 9A.20.021)).

Sec. 7   RCW 29A.84.310 and 2003 c 111 s 2117 are each amended to read as follows:
     Every person who:
     (1) Knowingly provides false information on his or her declaration of candidacy or petition of nomination; or
     (2) Files a declaration of candidacy or petition of nomination on behalf of a fictitious person; or
     (3) Conceals or fraudulently defaces or destroys a certificate that has been filed with an elections officer under RCW 29A.20.110 through 29A.20.200 or a declaration of candidacy or petition of nomination that has been filed with an elections officer, or any part of such a certificate, declaration, or petition, is guilty of a class C felony, punishable under RCW 9A.20.021.

Sec. 8   RCW 29A.84.410 and 2003 c 111 s 2119 are each amended to read as follows:
     Any person who is retained or employed by any officer authorized by the laws of this state to procure the printing of any official ballot or who is engaged in printing official ballots is guilty of a gross misdemeanor if the person knowingly:
     (1) Appropriates any official ballot to himself or herself; or
     (2) Gives or delivers any official ballot to or permits any official ballot to be taken by any person ((other than the)), knowing that the person is not an officer authorized by law to receive it; or
     (3) Prints or causes to be printed or otherwise prepared any official ballot: (a) In ((any other form than that prescribed by law or as directed by the officer authorized to procure the printing thereof; or (b) with any other names thereon or with the names spelled otherwise than as directed by such officer, or the names or printing thereon arranged in any other way than that authorized and directed by law)) which the name of a candidate, ballot title, or instruction to voters is altered, omitted, supplemented, or otherwise differs from the manner prescribed by law or as certified; (b) arranged differently than the manner prescribed by law or as certified; or (c) otherwise altered in form or substance from the manner prescribed by law or as certified.
     ((A gross misdemeanor under this section is punishable to the same extent as a gross misdemeanor that is punishable under RCW 9A.20.021.))

Sec. 9   RCW 29A.84.420 and 2003 c 111 s 2120 are each amended to read as follows:
     (1) It is a gross misdemeanor for a person to examine, or assist another to examine, any voter record, ballot, or any other state or local government official election material if the person, without lawful authority, conducts the examination:
     (a) ((For the purpose)) With the intent of identifying the name of a voter and how the voter voted; or
     (b) ((For the purpose)) With the intent of determining how a voter, whose name is known to the person, voted; or
     (c) ((For the purpose)) With the intent of identifying the name of the voter who voted in a manner known to the person.
     (2) Any person who knowingly reveals to another information ((which)) that the person ascertained in violation of subsection (1) of this section is guilty of a gross misdemeanor.
     (3) ((A gross misdemeanor under this section is punishable to the same extent as a gross misdemeanor that is punishable under RCW 9A.20.021)) Consent by the voter for that person to see his or her ballot or know his or her vote is a defense.

NEW SECTION.  Sec. 10   A new section is added to chapter 29A.84 RCW to read as follows:
     BALLOT INTERFERENCE. A person who receives possession of a voted ballot with the intent to destroy or alter the ballot, prevent its delivery to a proper election official, or deliver it to a person other than a proper election official is guilty of a class C felony, punishable under RCW 9A.20.021.

Sec. 11   RCW 29A.84.510 and 2003 c 111 s 2121 are each amended to read as follows:
     (1) On the day of any primary or general or special election, ((no person may,)) a person who knowingly commits any of the following acts within a polling place((,)) or in any public area within three hundred feet of any entrance to such polling place is guilty of a gross misdemeanor:
     (a) Suggests or persuades ((or attempt to suggest or persuade)) any voter to vote for or against any candidate or ballot measure, whether verbally or through the use of printed material or other medium;
     (b) ((Circulate cards or handbills of any kind;
     (c))) Solicits signatures to any kind of petition; or
     (((d))) (c) Engages in any practice ((which)) that interferes with the freedom of voters to exercise their franchise or disrupts the administration of the polling place.
     (2) ((No)) A person ((may)) who knowingly obstructs the doors or entries to a building in which a polling place is located or prevent free access to and from any polling place is guilty of a gross misdemeanor. ((Any sheriff, deputy sheriff, or municipal law enforcement officer shall prevent such obstruction, and may arrest any person creating such obstruction.
     (3) No person may:
     (a) Except as provided in RCW 29A.44.050, remove any ballot from the polling place before the closing of the polls; or
     (b) Solicit any voter to show his or her ballot.
     (4) No person other than an inspector or judge of election may receive from any voter a voted ballot or deliver a blank ballot to such elector.
     (5) Any violation of this section is a gross misdemeanor, punishable to the same extent as a gross misdemeanor that is punishable under RCW 9A.20.021, and the person convicted may be ordered to pay the costs of prosecution.))

Sec. 12   RCW 29A.84.530 and 2003 c 111 s 2123 are each amended to read as follows:
     Deliberately impeding other voters from casting their votes by refusing to leave a voting booth or voting device is a misdemeanor ((and is subject to the penalties provided in chapter 9A.20 RCW)). The precinct election officers may provide assistance in the manner provided by RCW 29A.44.240 to any voter who requests it.

Sec. 13   RCW 29A.84.550 and 2003 c 111 s 2125 are each amended to read as follows:
     Any person who willfully defaces, removes, or destroys any of the supplies or materials that the person knows are intended both for use in a polling place and for enabling a voter to prepare his or her ballot is guilty of a class C felony, punishable under RCW 9A.20.021.

Sec. 14   RCW 29A.84.560 and 2003 c 111 s 2126 are each amended to read as follows:
     (1) Any person who ((tampers with or)) damages ((or)), attempts to damage, or tampers or interferes with any voting ((machine or device to be used or being used in a primary or special or general election, or who prevents or attempts to prevent the correct operation of such machine or device, or any unauthorized person who makes or has in his or her possession a key to a voting machine or device to be used or being)) system, device, or tallying system by electronic or any other means knowing that it is or will be used in a primary or special or general election((,)) is guilty of a class C felony, punishable under RCW 9A.20.021.
     (2) Any person who records, or causes to be recorded, the vote of any voter in a manner other than as designated by the voter, by electronic or any other means is guilty of a class C felony, punishable under RCW 9A.20.021.

NEW SECTION.  Sec. 15   A new section is added to chapter 29A.84 RCW to read as follows:
     PREVENTING VOTING. A person who knowingly prevents another voter from casting a vote or casting a vote in the manner desired by the voter, whether in the polling place or otherwise, other than as provided in RCW 29A.84.530, is guilty of a class C felony, punishable under RCW 9A.20.021.

Sec. 16   RCW 29A.84.620 and 2003 c 111 s 2128 are each amended to read as follows:
     Any person who ((uses menace, force, threat, or any unlawful means towards any voter to hinder or deter such a voter from voting, or)) directly or indirectly offers any bribe, reward, or any thing of value to a voter in exchange for the voter's vote for or against any person or ballot measure, or ((authorizes any person to do so)) in exchange for the voter declining to vote, is guilty of a class C felony, punishable under RCW 9A.20.021.

Sec. 17   RCW 29A.84.630 and 2003 c 111 s 2129 are each amended to read as follows:
     Any person who in any way, directly or indirectly, ((by menace or unlawful means, attempts to influence any person in refusing to give)) persuades or attempts to persuade, other than by offer of a bribe, reward, or thing of value, a voter against casting his or her vote in any primary or special or general election is guilty of a gross misdemeanor ((punishable to the same extent as a gross misdemeanor that is punishable under RCW 9A.20.021)).

Sec. 18   RCW 29A.84.640 and 2003 c 111 s 2130 are each amended to read as follows:
     Any person who solicits, requests, or demands, directly or indirectly, any reward or thing of value or the promise thereof in exchange for his or her vote or in exchange for the vote of any other person for or against any candidate or for or against any ballot measure to be voted upon at a primary or special or general election is guilty of a gross misdemeanor ((punishable to the same extent as a gross misdemeanor that is punishable under RCW 9A.20.021)).

Sec. 19   RCW 29A.84.650 and 2003 c 111 s 2131 are each amended to read as follows:
     Any person who knowingly votes or attempts to vote more than once at any primary or general or special election is guilty of a gross misdemeanor((, punishable to the same extent as a gross misdemeanor that is punishable under RCW 9A.20.021)).

Sec. 20   RCW 29A.84.655 and 2003 c 111 s 2132 are each amended to read as follows:
     Any precinct election officer who knowingly permits any voter to cast a second vote at any primary or general or special election, or knowingly permits any person not a qualified voter to vote at any primary or general or special election, is guilty of a class C felony, punishable under RCW 9A.20.021.

Sec. 21   RCW 29A.84.660 and 2003 c 111 s 2133 are each amended to read as follows:
     Any person who knows that he or she does not possess the legal qualifications of a voter and who votes at any primary or special or general election authorized by law to be held in this state for any office whatever is guilty of a class C felony, punishable under RCW 9A.20.021.

Sec. 22   RCW 29A.84.680 and 2003 c 111 s 2136 and 2003 c 53 s 179 are each reenacted and amended to read as follows:
     (1) A person who ((willfully violates any provision of chapter 29A.40 RCW regarding the assertion or declaration of qualifications to receive or cast an absentee ballot or unlawfully casts a vote by absentee)) knowingly provides false information in order to obtain or vote a ballot is guilty of a class C felony, punishable under RCW 9A.20.021.
     (2) Except as provided in this chapter, a person who willfully violates any other provision of chapter 29A.40 RCW is guilty of a misdemeanor.

Sec. 23   RCW 29A.84.710 and 2003 c 111 s 2137 are each amended to read as follows:
     Every person is guilty of a class C felony, punishable under RCW 9A.20.021, who:
     (1) Knowingly and falsely issues a certificate of nomination or election; or
     (2) Knowingly provides false information on a certificate ((which)) that must be filed with an elections officer under RCW 29A.20.110 through 29A.20.200((, is guilty of a class C felony punishable under RCW 9A.20.021)).

Sec. 24   RCW 29A.84.730 and 2003 c 111 s 2139 are each amended to read as follows:
     (1) In any location in which ballots are counted, no person authorized by law to be present while votes are being counted may divulge any results of the count of the ballots at any time prior to the closing of the polls for that primary or special or general election.
     (2) A violation of this section is a gross misdemeanor ((punishable to the same extent as a gross misdemeanor that is punishable under RCW 9A.20.021)).

NEW SECTION.  Sec. 25   A new section is added to chapter 29A.84 RCW to read as follows:
     A person is guilty of a gross misdemeanor who knowingly:
     (1) Tampers with or impedes the use of any form of electronic voting or vote recording system; or
     (2) Tampers with or impedes access to a vote reporting or election results reporting system.

NEW SECTION.  Sec. 26   The following acts or parts of acts are each repealed:
     (1) RCW 29A.84.020 (Violations by officers) and 2003 c 111 s 2102 & 1965 c 9 s 29.82.210;
     (2) RCW 29A.84.030 (Penalty) and 2003 c 111 s 2103 & 2001 c 241 s 21;
     (3) RCW 29A.84.120 (Disenfranchisement or discrimination) and 2003 c 111 s 2106;
     (4) RCW 29A.84.140 (Unqualified registration) and 2003 c 111 s 2108;
     (5) RCW 29A.84.210 (Violations by officers) and 2003 c 111 s 2109, 1993 c 256 s 3, & 1965 c 9 s 29.79.480;
     (6) RCW 29A.84.220 (Violations -- Corrupt practices) and 2003 c 111 s 2110, 1984 c 170 s 12, & 1965 c 9 s 29.82.220;
     (7) RCW 29A.84.240 (Violations by signers, officers -- Penalty) and 2003 c 111 s 2112, 2003 c 53 s 183, 1984 c 170 s 11, & 1965 c 9 s 29.82.170;
     (8) RCW 29A.84.260 (Petitions -- Improperly signing) and 2003 c 111 s 2114;
     (9) RCW 29A.84.270 (Duplication of names -- Conspiracy -- Criminal and civil liability) and 2003 c 111 s 2115, 2003 c 53 s 178, & 1965 c 9 s 29.18.080;
     (10) RCW 29A.84.320 (Duplicate, nonexistent, untrue names -- Penalty) and 2003 c 111 s 2118, 2003 c 53 s 177, & 1965 c 9 s 29.18.070;
     (11) RCW 29A.84.520 (Electioneering by election officers forbidden) and 2003 c 111 s 2122 & 1965 c 9 s 29.51.030;
     (12) RCW 29A.84.540 (Ballots -- Removing from polling place) and 2003 c 111 s 2124;
     (13) RCW 29A.84.610 (Deceptive, incorrect vote recording) and 2003 c 111 s 2127;
     (14) RCW 29A.84.670 (Unlawful acts by voters -- Penalty) and 2003 c 111 s 2134, 2003 c 53 s 181, & 1965 c 9 s 29.51.230; and
     (15) RCW 29A.84.740 (Returns and posted copy of results -- Tampering with) and 2003 c 111 s 2140.

NEW SECTION.  Sec. 27   RCW 29A.84.720, as amended by section 1 of this act, is recodified as the first section in chapter 29A.84 RCW.

NEW SECTION.  Sec. 28   The current subchapter heading of "VOTING" in chapter 29A.84 RCW is eliminated. Part headings and captions in this act are not part of the law.

NEW SECTION.  Sec. 29   This act takes effect July 1, 2004.