ESSB 5743 -
By Committee on State Government Operations & Accountability
NOT ADOPTED 04/14/2005
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 A new section is added to chapter 9.94A RCW
to read as follows:
When a person is convicted of a felony, the court shall require the
offender to sign a statement acknowledging that his or her right to
vote has been lost, that the secretary of state and county auditors are
being notified thereof, that his or her voter registration will be
canceled in accordance with RCW 29A.08.520, and that voting before
restoration of the right to vote under RCW 9.92.066, 9.94A.637, or
chapter 9.96 RCW, is a felony under RCW 29A.84.660.
Sec. 2 RCW 29A.08.010 and 2004 c 267 s 102 are each amended to
read as follows:
As used in this chapter: "Information required for voter
registration" 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 ((the applicant's)):
(1) Name((, complete residence));
(2) Residential address((,));
(3) Date of birth((,));
(4) Washington state driver's license number, Washington state
identification card, or the last four digits of the applicant's Social
Security number((,));
(5) A signature attesting to the truth of the information provided
on the application((,)); and
(6) A check or indication in the box confirming the individual is
a United States citizen.
If the individual does not have a driver's license, state
identification card, or Social Security number, the registrant must be
issued a unique voter registration number ((and)) in order to be placed
on the voter registration rolls. All other information supplied is
ancillary and not to be used as grounds for not registering an
applicant to vote. Modification of the language of the official
Washington state voter registration form by the voter will not be
accepted and will cause the rejection of the registrant's application.
Sec. 3 RCW 29A.08.030 and 2004 c 267 s 104 are each amended to
read as follows:
The definitions set forth in this section apply throughout this
chapter, unless the context clearly requires otherwise.
(1) "Verification notice" means a notice sent by the county auditor
or secretary of state to a voter registration applicant and is used to
verify or collect information about the applicant in order to complete
the registration. The verification notice must be designed to include
a postage prepaid, preaddressed return form by which the applicant may
verify or send information.
(2) "Acknowledgement notice" means a notice sent by nonforwardable
mail by the county auditor or secretary of state to a registered voter
to acknowledge a voter registration transaction, which can include
initial registration, transfer, or reactivation of an inactive
registration. An acknowledgement notice may be a voter registration
card.
(3) "Confirmation notice" means a notice sent to a registered voter
by first class forwardable mail at the address indicated on the voter's
permanent registration record and to any other address at which the
county auditor or secretary of state could reasonably expect mail to be
received by the voter in order to confirm the voter's residence
address. The confirmation notice must be designed ((so that the voter
may update his or her current residence address)) to include a postage
prepaid, preaddressed return form by which the registrant may verify
the address information.
NEW SECTION. Sec. 4 A new section is added to chapter 29A.08 RCW
to read as follows:
When a former felon's voting rights have been restored, the county
clerk shall immediately transmit this information to the secretary of
state along with information about the county where the conviction
occurred and the county that is the last known residence of the former
felon. The secretary of state shall maintain such records as a part of
the elections data base and shall transmit information about the
restoration of the former felon's voting rights to the county auditor
where the conviction took place and, if different, the county where the
felon was last known to reside.
NEW SECTION. Sec. 5 A new section is added to chapter 29A.08 RCW
to read as follows:
(1) The civil right to vote is automatically restored to persons
convicted of a felony upon completion of all the requirements of all of
their sentences as defined in RCW 9.94A.030.
(2) This section does not impair or alter an offender's ability to
obtain a certificate of discharge if eligible under RCW 9.94A.637.
Sec. 6 RCW 29A.08.107 and 2004 c 267 s 106 are each amended to
read as follows:
(1) The secretary of state must review the information provided by
each voter registration applicant, other than an applicant issued a
unique voter registration number under RCW 29A.08.010, to ensure that
((either)) the driver's license number, state identification card
number, or the last four digits of the Social Security number match the
information maintained by the Washington department of licensing or the
Social Security administration. If a match cannot be made, the
secretary of state or county auditor must correspond with the applicant
to resolve the discrepancy.
(2) If the applicant fails to respond to any correspondence
required in this section to confirm information provided on a voter
registration application((,)) within thirty days, the ((secretary of
state shall forward the application to the appropriate county auditor
for document storage)) applicant will not be registered to vote.
(3) Only after the secretary of state has confirmed that an
applicant's driver's license number, state identification card number,
or the last four digits of the applicant's Social Security number match
existing records with the Washington department of licensing or the
Social Security administration or determined that the applicant does
not have ((either)) a driver's license number, state identification
card number, or Social Security number may the applicant be placed on
the official list of registered voters.
(4) All records of applications are public records and must be
disclosed upon request.
Sec. 7 RCW 29A.08.110 and 2004 c 267 s 107 are each amended to
read as follows:
(1) On receipt of an application for voter registration, the county
auditor shall review the application to determine whether the
information supplied is complete. An application is considered
complete only if it contains the applicant's name, complete valid
residence address, date of birth, and signature attesting to the truth
of the information provided and an indication ((the license
information)) that the driver's license number, state identification
card number, or Social Security number has been confirmed by the
secretary of state. If the applicant does not have a driver's license,
state identification card, or Social Security number, the indication
that the driver's license number, state identification card number, or
Social Security number has been confirmed is not required for the
application to be complete. 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 shall not be placed on the county
voter list. If the applicant provides the required verified
information, the applicant shall be registered to vote as of the date
of mailing of the original voter registration application.
(2) In order to prevent duplicate registration records, all
complete voter registration applications must be screened against
existing voter registration records in the official statewide voter
registration list. If a match of an existing record is found in the
official list the record must be updated with the new information
provided on the application. If the new information indicates that the
voter has changed his or her county of residence, the application must
be forwarded to the voter's new county of residence for processing. If
the new information indicates that the voter remains in the same county
of residence or if the applicant is a new voter the application must be
processed by the county of residence.
(3) If the information required in subsection (1) of this section
is complete, the applicant is considered to be registered to vote as of
the original date of mailing or date of delivery, whichever is
applicable. The auditor shall record the appropriate precinct
identification, taxing district identification, and date of
registration on the voter's record in the state voter registration
list. 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 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.
(4) 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.
NEW SECTION. Sec. 8 A new section is added to chapter 29A.08 RCW
to read as follows:
No person registering to vote, who meets all the qualifications of
a registered voter in the state of Washington, shall be disqualified
because of a nontraditional address being used as a residence address.
Voters using such an address will be registered and assigned to a
precinct based on the location provided. Voters without a traditional
address will be registered at the county courthouse, city hall, or
other public building near the area that the voter considers his or her
residence. Registering at a nontraditional address will not disqualify
a voter from requesting ongoing absentee voter status if the voter
designates a valid mailing address.
For the purposes of this section, "nontraditional address" includes
shelters, parks, or other identifiable locations that the voter deems
to be his or her residence.
Sec. 9 RCW 29A.08.115 and 2004 c 267 s 108 are each amended to
read as follows:
A person or organization collecting voter registration application
forms must transmit the forms to the secretary of state or a
((designee)) county auditor at least once weekly. The registration
date on such forms will be the date they are received by the secretary
of state or county auditor.
Sec. 10 RCW 29A.08.125 and 2004 c 267 s 110 are each amended to
read as follows:
(1) Each county auditor shall maintain a computer file containing
a copy of each record of all registered voters within the county
contained on the official statewide voter registration list for that
county.
(2) The secretary of state every quarter shall review and update
the records of all registered voters on the official statewide voter
registration data base to make additions and corrections.
(3) The computer file must include, but not be limited to, each
voter's last name, first name, middle initial, date of birth, residence
address, gender, date of registration, applicable taxing district and
precinct codes, and the last date on which the individual voted.
(4) The county auditor shall subsequently record each consecutive
date upon which the individual has voted and retain all such
consecutive dates.
Sec. 11 RCW 29A.08.145 and 2004 c 267 s 113 are each amended to
read as follows:
This section establishes a special procedure which an elector may
use to register to vote or transfer a voter registration by changing
his or her address during the period beginning after the closing of
registration for voting at the polls under RCW 29A.08.140 and ending on
the fifteenth day before a primary, special election, or general
election. A qualified elector in the state may register to vote or
change his or her registration address in person in the office of the
county auditor of the county in which the applicant resides, or at a
voter registration location specifically designated for this purpose by
the ((county auditor of the county in which the applicant resides))
secretary of state, and apply for an absentee ballot for that primary
or election. The auditor or registration assistant shall register that
individual in the manner provided in this chapter. The application for
an absentee ballot executed by the newly registered or transferred
voter for the primary or election that follows the execution of the
registration shall be promptly transmitted to the auditor with the
completed voter registration form.
Sec. 12 RCW 29A.08.210 and 2003 c 111 s 216 are each amended to
read as follows:
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) The address of the last former registration of the applicant as
a voter in the state;
(2) The applicant's full name;
(3) The applicant's date of birth;
(4) The address of the applicant's residence for voting purposes;
(5) The mailing address of the applicant if that address is not the
same as the address in subsection (4) of this section;
(6) The sex of the applicant;
(7) The applicant's Washington state driver's license number,
Washington state identification card number, or the last four digits of
the applicant's Social Security number;
(8) A check box and declaration confirming that the applicant is a
citizen of the United States;
(((8))) (9) The applicant's signature; and
(((9))) (10) 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. Flawed
applications are public records and must be disclosed upon request.
The application form must also provide a box the applicant may
check to indicate that he or she is a member of the armed forces or if
he or she will be an overseas voter.
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.
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. 13 RCW 29A.08.330 and 2003 c 111 s 224 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) The person providing service at the agency shall determine if
the prospective 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 service agent shall ask the following:
(a) "Are you a United States citizen?"
(b) "Are you or will you be eighteen years of age on or before the
next election?"
If the applicant answers in the affirmative to both questions, 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.
If the applicant answers in the negative to either question, the
agent shall not provide the applicant with a voter registration form
and instructions.
(4) 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))) (5) 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. 14 RCW 29A.08.520 and 2004 c 267 s 126 are each amended to
read as follows:
(1) Upon receiving official notice of a person's conviction of a
felony in either state or federal court, if the convicted person is a
registered voter in the county, the county auditor shall cancel the
defendant's voter registration. Additionally, the secretary of state
in conjunction with the department of corrections, the Washington state
patrol, the office of the administrator for the courts, and other
appropriate state agencies shall arrange for a ((periodic)) quarterly
comparison of a list of known felons with the statewide voter
registration list. If a person is found on ((the department of
corrections)) a felon list and the statewide voter registration list,
the secretary of state or county auditor shall confirm the match
through a date of birth comparison and ((cancel)) suspend the voter
registration from the official state voter registration list. The
canceling authority shall send ((notice of the proposed cancellation))
to the person at his or her last known voter registration address a
notice of the proposed cancellation and an explanation of the
requirements for restoring the right to vote once all terms of
sentencing have been completed. If the person does not respond within
thirty days, the registration must be canceled.
(2) A certificate of discharge or an order restoring civil rights
may be used as proof that a felon has completed all sentencing
requirements resulting from the felony conviction for which the
certificate was issued.
Sec. 15 RCW 29A.08.651 and 2004 c 267 s 101 are each amended to
read as follows:
(1) The office of the secretary of state shall create and maintain
a statewide voter registration data base. This data base must be a
single, uniform, official, centralized, interactive computerized
statewide voter registration list defined, maintained, and administered
at the state level that contains the name and registration information
of every legally registered voter in the state and assigns a unique
identifier to each legally registered voter in the state.
(2) The computerized list must serve as the single system for
storing and maintaining the official list of registered voters
throughout the state.
(3) The computerized list must contain the name and registration
information of every legally registered voter in the state.
(4) Under the computerized list, a unique identifier is assigned to
each legally registered voter in the state.
(5) The computerized list must be coordinated with other agency
data bases within the state, including but not limited to the
department of corrections, the department of licensing, ((and)) the
department of health, the Washington state patrol, and the office of
the administrator for the courts.
(6) Any election officer in the state, including any local election
officer, may obtain immediate electronic access to the information
contained in the computerized list.
(7) All voter registration information obtained by any local
election officer in the state must be electronically entered into the
computerized list on an expedited basis at the time the information is
provided to the local officer.
(8) The chief state election officer shall provide support, as may
be required, so that local election officers are able to enter
information as described in subsection (3) of this section.
(9) The computerized list serves as the official voter registration
list for the conduct of all elections.
(10) The secretary of state has data authority on all voter
registration data.
(11) The voter registration data base must be designed to
accomplish at a minimum, the following:
(a) Comply with the Help America Vote Act of 2002 (P.L. 107-252);
(b) Identify duplicate voter registrations;
(c) Identify suspected duplicate voters;
(d) Screen against the department of corrections, the Washington
state patrol, and other appropriate state agency data bases to aid in
the cancellation of voter registration of felons;
(e) Provide up-to-date signatures of voters for the purposes of
initiative signature checking;
(f) Provide current and accurate voter registration information
using information obtained under RCW 29A.08.125;
(g) Provide for a comparison between the voter registration data
base and the department of licensing change of address data base;
(((g))) (h) Provide online access for county auditors with the goal
of real time duplicate checking and update capabilities; and
(((h))) (i) Provide for the cancellation of voter registration for
persons who have moved to other states and surrendered their Washington
state drivers' licenses.
Sec. 16 RCW 29A.08.710 and 2004 c 267 s 133 are each amended to
read as follows:
(1) The county auditor shall have custody of the original voter
registration records for each county. The original voter registration
form must be filed without regard to precinct and is considered
confidential and unavailable for public inspection and copying. An
automated file of all registered voters must be maintained pursuant to
RCW 29A.08.125. An auditor may maintain the automated file in lieu of
filing or maintaining the original voter registration forms if the
automated file includes all of the information from the original voter
registration forms including, but not limited to, a retrievable
facsimile of each voter's signature.
(2) The following information contained in voter registration
records or files regarding a voter or a group of voters is available
for public inspection and copying: The voter's name, gender, date of
birth, voting record, date of registration, and registration number.
The address and political jurisdiction of a registered voter are
available for public inspection and copying except as provided by
chapter 40.24 RCW. No other information from voter registration
records or files is available for public inspection or copying.
Sec. 17 RCW 29A.08.775 and 2004 c 267 s 136 are each amended to
read as follows:
Only voters who appear on the official statewide voter registration
list are eligible to participate in elections. Each county shall
maintain a copy of that county's portion of the state list. The county
must ensure that data used for the production of poll lists and other
lists and mailings done in the administration of each election are
((drawn from)) the same as the official statewide voter registration
list.
Sec. 18 RCW 29A.40.091 and 2004 c 271 s 135 are each amended to
read as follows:
The county auditor shall send each absentee voter a ballot, a
security envelope in which to seal the ballot after voting, a larger
envelope in which to return the security envelope, and instructions on
how to mark the ballot and how to return it to the county auditor. The
instructions that accompany an absentee ballot for a partisan primary
must include instructions for voting the applicable ballot style, as
provided in chapter 29A.36 RCW. The larger return envelope must
contain a declaration by the absentee voter reciting his or her
qualifications and stating that he or she has not voted in any other
jurisdiction at this election, together with a summary of the penalties
for any violation of any of the provisions of this chapter. The return
envelope must provide a box the voter may check to indicate that he or
she is a member of the armed forces or that he or she is an overseas
voter. The return envelope must provide space for the voter to
indicate the date on which the ballot was voted and for the voter to
sign the oath. A summary of the applicable penalty provisions of this
chapter must be printed on the return envelope immediately adjacent to
the space for the voter's signature. The signature of the voter on the
return envelope must affirm and attest to the statements regarding the
qualifications of that voter and to the validity of the ballot. For
out-of-state voters, overseas voters, and service voters, the signed
declaration on the return envelope constitutes the equivalent of a
voter registration for the election or primary for which the ballot has
been issued. The voter must be instructed to either return the ballot
to the county auditor by whom it was issued or attach sufficient first
class postage, if applicable, and mail the ballot to the appropriate
county auditor no later than the day of the election or primary for
which the ballot was issued.
If the county auditor chooses to forward absentee ballots, he or
she must include with the ballot a clear explanation of the
qualifications necessary to vote in that election and must also advise
a voter with questions about his or her eligibility to contact the
county auditor. This explanation may be provided on the ballot
envelope, on an enclosed insert, or printed directly on the ballot
itself. If the information is not included, the envelope must clearly
indicate that the ballot is not to be forwarded and that return postage
is guaranteed.
Sec. 19 RCW 46.20.155 and 2004 c 249 s 7 are each amended to read
as follows:
(1) Before issuing an original license or identicard or renewing a
license or identicard 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)) ask 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."))
(1) "Are you a United States citizen?"
(2) "Are you or will you be eighteen years of age on or before the
next election?"
If the applicant answers in the affirmative to both questions, 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.
If the applicant answers in the negative to either question, the
agent shall not provide the applicant with a voter registration form
and instructions.
(2) The department shall establish a procedure that substantially
meets the requirements of subsection (1) of this section when
permitting an applicant to renew a license or identicard by mail or by
electronic commerce.
NEW SECTION. Sec. 20 RCW 29A.08.155 (Payment for maintenance of
electronic records) and 2004 c 267 s 114 & 2003 c 111 s 215 are each
repealed.
NEW SECTION. Sec. 21 This act takes effect January 1, 2006."
Correct the title.
EFFECT: Verification notices sent to verify or collect information must include a postage prepaid, preaddressed return form. The provision requiring the Secretary of State or county auditor check the citizenship of each applicant with the Immigration and Naturalization Service is removed. The requirement for secondary forms of identification for registration purposes is removed. The requirement that county election officials randomly investigate county voter lists with the statewide data base to check for persons who are deceased or whose residences differ is removed. Instead, the Secretary of State will conduct a quarterly review of the entire data base to update information, and to make additions and corrections. A voter registration application form and the return envelope for an absentee ballot must include a box that can be checked if the registrant or voter will be or is an overseas voter. Before removing a felon from the voter registration list, the canceling authority must suspend the registration and must send a notice of the proposed cancellation advising the voter of an appeal process and of the requirements for restoring the right to vote. If the voter does not respond to the request within 30 days, the registration is cancelled. Convicted felons must be informed of the loss of their right to vote, the conditions under which their right to vote will be restored, and that voting prior to restoration of the right to vote is a felony. The notification process for restoring a former felon's voting rights are outlined. The Secretary must maintain felon information as part of the data base. All state agencies that provide motor voter registrations are required to "ask" applicants if they are or will be 18 years of age at the next election and if they are a U.S. citizen. If the applicant answers negatively to either question, a voter registration form will not be provided. If they answer positively to both questions, a registration form shall be provided. It removes the requirement that for motor voter registration purposes, the assisting agent must confirm that the applicant is a citizen. The birth date of a voter is a public record.