SSB 5743 -
By Senator Mulliken
NOT ADOPTED 03/07/2005
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 A new section is added to chapter 29A.08
RCW to read as follows:
In order to vote at any election or primary, whether at a polling
place or by absentee or mail ballot, a person must have registered to
vote at least thirty days before the election or primary, regardless of
the person's status as an absentee, mail ballot, out-of-state,
overseas, or service voter.
Sec. 2 RCW 29A.04.103 and 2003 c 111 s 118 are each amended to
read as follows:
"Out-of-state voter" means any ((elector)) registered voter of the
state of Washington outside the state but not outside the territorial
limits of the United States or the District of Columbia.
Sec. 3 RCW 29A.04.109 and 2003 c 111 s 119 are each amended to
read as follows:
"Overseas voter" means any ((elector)) registered voter of the
state of Washington outside the territorial limits of the United States
or the District of Columbia.
Sec. 4 RCW 29A.04.163 and 2003 c 111 s 127 are each amended to
read as follows:
"Service voter" means any ((elector)) registered voter of the state
of Washington who is a member of the armed forces under 42 U.S.C. Sec.
1973 ff-6 while in active service, is a student or member of the
faculty at a United States military academy, is a member of the
merchant marine of the United States, is a program participant as
defined in RCW 40.24.020, or is a member of a religious group or
welfare agency officially attached to and serving with the armed forces
of the United States.
Sec. 5 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)) residential 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. 6 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" 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)) residential address, date of birth, Washington state
driver's license number, Washington state identification card, or the
last four digits of the applicant's social security number, and a
signature attesting to the truth of the information provided on the
application((, and 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. 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.
Sec. 7 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.
(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.
Sec. 8 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 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)) obtain from the applicant a copy of a current photo
identification, utility bill, bank statement, paycheck, or government
check or another government document that shows the applicant's name
and address.
(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)) forty-five 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 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 or social security number)) the applicant's
identity, as required by subsection (1) of this section, may the
applicant be placed on the official list of registered voters.
Sec. 9 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 may not be placed 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 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. 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. 10 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 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 and an indication the license information or social security
number has been confirmed by the secretary of state. 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 may 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. 11 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, may 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. 12 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. 13 RCW 29A.08.140 and 2003 c 111 s 212 are each amended to
read as follows:
The registration files of all precincts shall be closed against
original registration or transfers for thirty days immediately
preceding every primary, special election, and general election to be
held in such precincts.
The county auditor shall give notice of the closing of the precinct
files for original registration and transfer ((and notice of the
special registration and voting procedure provided by RCW 29A.08.145))
by one publication in a newspaper of general circulation in the county
at least five days before the closing of the precinct files.
No person may vote at any primary, special election, or general
election in a precinct polling place unless he or she has registered to
vote at least thirty days before that primary or election. ((If a
person, otherwise qualified to vote in the state, county, and precinct
in which he or she applies for registration, does not register at least
thirty days before any primary, special election, or general election,
he or she may register and vote by absentee ballot for that primary or
election under RCW 29A.08.145.))
Sec. 14 RCW 29A.08.140 and 2004 c 267 s 112 are each amended to
read as follows:
The registration files of all precincts shall be closed against
original registration or transfers for thirty days immediately
preceding every primary, special election, and general election to be
held in such precincts.
The county auditor shall give notice of the closing of the precinct
files for original registration and transfer ((and notice of the
special registration and voting procedure provided by RCW 29A.08.145))
by one publication in a newspaper of general circulation in the county
at least five days before the closing of the precinct files.
No person may vote at any primary, special election, or general
election in a precinct polling place unless he or she has registered to
vote at least thirty days before that primary or election and appears
on the official statewide voter registration list. ((If a person,
otherwise qualified to vote in the state, county, and precinct in which
he or she applies for registration, does not register at least thirty
days before any primary, special election, or general election, he or
she may register and vote by absentee ballot for that primary or
election under RCW 29A.08.145.))
Sec. 15 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. 16 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;)) (h) 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)
(i) The applicant's signature; and
(((9))) (j) 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. 17 RCW 29A.08.220 and 2004 c 267 s 115 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) and the Help America Vote Act of 2002 (P.L. 107-252) for
registering to vote in federal elections.
(2) 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.
Sec. 18 RCW 29A.08.250 and 2004 c 267 s 117 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)) provide
proof that the applicant is a United States citizen in order to
register to vote. Voter registration application forms must also
contain a space for the applicant to provide his or her driver's
license number or the last four digits of his or her social security
number as well as check boxes intended to allow the voter to indicate
age and United States citizenship ((eligibility)) under the Help
America Vote Act of 2002 (P.L. 107-252).
Sec. 19 RCW 29A.08.520 and 2003 c 111 s 233 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 and the Washington
state patrol shall arrange for a monthly comparison of any lists of
known felons maintained by the department of corrections and the
Washington state patrol with the statewide voter registration list. If
a person is found on the department of corrections felon list or the
Washington state patrol 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 immediately cancel 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.
(2) Felons who have been granted a certificate of discharge by a
court shall provide a certified copy of the certificate of discharge to
the department of corrections and the Washington state patrol within
thirty days from the day the court grants the certificate, and shall
provide a certified copy of their certificate of discharge to the
elections officer at the time they register to vote.
Sec. 20 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 and the Washington
state patrol shall arrange for a ((periodic)) monthly comparison of
((a)) any lists of known felons maintained by the department of
corrections and the Washington state patrol with the statewide voter
registration list. If a person is found on the department of
corrections felon list or the Washington state patrol 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
immediately cancel 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.
(2) Felons who have been granted a certificate of discharge by a
court shall provide a certified copy of the certificate of discharge to
the department of corrections and the Washington state patrol within
thirty days from the day the court grants the certificate, and shall
provide a certified copy of their certificate of discharge to the
elections officer at the time they register to vote.
NEW SECTION. Sec. 21 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.
Sec. 22 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 for a comparison between the voter registration data
base and the department of licensing change of address data base;
(g) Provide online access for county auditors with the goal of real
time duplicate checking and update capabilities; and
(h) Provide for the cancellation of voter registration for persons
who have moved to other states and surrendered their Washington state
drivers' licenses.
NEW SECTION. Sec. 23 A new section is added to chapter 29A.08
RCW to read as follows:
In addition to any legal obligations of local election officers,
the secretary of state in conjunction with the department of health
shall arrange for a monthly comparison of any lists of known deaths
maintained by the department of health with the statewide voter
registration list. If a person is found on the department of health
death list and the statewide voter registration list, the secretary of
state or county auditor shall immediately cancel the voter registration
from the official state voter registration list.
NEW SECTION. Sec. 24 A new section is added to chapter 29A.08
RCW to read as follows:
In addition to any legal obligations of local election officers,
the secretary of state in conjunction with the department of health,
the department of social and health services, and the administrator for
the courts shall arrange for a monthly comparison of any lists of
persons known to have been declared mentally incompetent and unable to
vote or placed under the care of a full guardianship due to their
mental capacity. If a person is found on the department of health, the
department of social and health services, or the administrator for the
courts lists and the statewide voter registration list, the secretary
of state or county auditor shall immediately cancel the voter
registration from the official state voter registration list.
The administrator for the courts shall collect and maintain a list
of all judicial determinations of full guardianship under RCW 11.88.010
and other cases where the court has ordered someone unable to vote.
NEW SECTION. Sec. 25 A new section is added to chapter 29A.08
RCW to read as follows:
In addition to any legal obligations of local election officers,
the secretary of state in conjunction with local election officers
shall make at a minimum a monthly comparison of names on the statewide
voter registration list, and if a person is found registered more than
once on the statewide voter registration list, the secretary of state
or county auditor shall immediately cancel all voter registrations for
that voter in excess of one from the official state voter registration
list.
Sec. 26 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. 27 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?"
(2) If the applicant chooses to register or transfer a
registration, the agent shall ((state)) make the following statement
and ask the applicant the following questions:
"((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? Are you at least eighteen years of age?"
(3) If the applicant responds in the affirmative that he or she is
a United States citizen, and that he or she is at least eighteen years
of age, 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.
(((2))) (4) The department shall establish a procedure that
substantially meets the requirements of subsections (1) and (2) of this
section when permitting an applicant to renew a license or identicard
by mail or by electronic commerce.
Sec. 28 RCW 29A.40.020 and 2003 c 111 s 1002 are each amended to
read as follows:
(1) Except as otherwise provided by law, a registered voter or out-
of-state voter, overseas voter, or service voter desiring to cast an
absentee ballot at a single election or primary must request the
absentee ballot from his or her county auditor no earlier than ninety
days nor later than the day before the election or primary at which the
person seeks to vote. Except as otherwise provided by law, the request
may be made orally in person, by telephone, electronically, or in
writing. An application or request for an absentee ballot made under
the authority of a federal statute or regulation will be considered and
given the same effect as a request for an absentee ballot under this
chapter.
(2) A voter requesting an absentee ballot for a primary may also
request an absentee ballot for the following general election. A
request by an out-of-state voter, overseas voter, or service voter for
an absentee ballot for a primary election will be considered as a
request for an absentee ballot for the following general election.
(3) In requesting an absentee ballot, the voter shall state the
address to which the absentee ballot should be sent. A request for an
absentee ballot from an out-of-state voter, overseas voter, or service
voter must include the address of the last residence in the state of
Washington ((and either a written application or the oath on the return
envelope must include a declaration of the other qualifications of the
applicant as an elector of this state)). A request for an absentee
ballot from any other voter must state the address at which that voter
is currently registered to vote in the state of Washington or the
county auditor shall verify that information from the voter
registration records of the county.
(4) A request for an absentee ballot from a registered voter who is
within this state must be made directly to the auditor of the county in
which the voter is registered. An absentee ballot request from a
registered voter who is temporarily outside this state or from an out-of-state voter, overseas voter, or service voter may be made either to
the appropriate county auditor or to the secretary of state, who shall
promptly forward the request to the appropriate county auditor.
(5) No person, organization, or association may distribute absentee
ballot applications within this state that contain a return address
other than that of the appropriate county auditor.
Sec. 29 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 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.
NEW SECTION. Sec. 30 A new section is added to chapter 29A.84
RCW to read as follows:
The secretary of state and the appropriate county auditor shall
refer all cases of violations of the following statutes that they
discover or suspect to have occurred to the local prosecuting attorney:
RCW 29A.84.130, 29A.84.140, 29A.84.650, 29A.84.655, 29A.84.660,
29A.84.670, and 29A.84.680. The prosecutor to whom the violations were
referred shall submit to the secretary of state a list of all such
referrals, the basis of the referrals, and the final disposition of the
referrals.
Sec. 31 RCW 29A.84.110 and 2003 c 111 s 2105 are each amended to
read as follows:
If any county auditor or registration assistant:
(1) Willfully neglects or refuses to perform any duty required by
law in connection with the registration of voters; 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) 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. 32 RCW 29A.84.140 and 2003 c 111 s 2108 are each amended 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)) class C felony punishable under RCW 9A.20.021.
Sec. 33 RCW 29A.84.650 and 2003 c 111 s 2131 are each amended to
read as follows:
Any person who 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)) class C felony punishable under RCW 9A.20.021.
Sec. 34 RCW 29A.84.670 and 2003 c 111 s 2134 and 2003 c 53 s 181
are each reenacted and amended to read as follows:
(1) It is unlawful for a voter to:
(a) Receive a ballot from any person other than the election
officer having charge of the ballots;
(b) Vote or offer to vote any ballot except one received from the
election officer having charge of the ballots;
(c) Fail to return to the election officers any ballot received
from an election officer.
(2) A violation of this section is a gross misdemeanor, punishable
((by a fine not exceeding one hundred dollars, plus costs of
prosecution)) under RCW 9A.20.021.
Sec. 35 RCW 9.94A.515 and 2004 c 176 s 2 and 2004 c 94 s 3 are
each reenacted and amended to read as follows:
TABLE 2 | ||
CRIMES INCLUDED WITHIN EACH SERIOUSNESS LEVEL | ||
XVI | ||
XV | ||
XIV | ||
XIII | ||
XII | ||
XI | ||
X | ||
IX | ||
VIII | ||
VII | ||
VI | ||
V | ||
IV | ||
III | ||
Escape 2 (RCW 9A.76.120) | ||
II | ||
I | ||
NEW SECTION. Sec. 36 The following acts or parts of acts are
each repealed:
(1) RCW 29A.08.145 (Late registration -- Special procedure) and 2004
c 267 s 113, 2003 c 111 s 213, & 1993 c 383 s 1;
(2) RCW 29A.08.155 (Payment for maintenance of electronic records)
and 2004 c 267 s 114 & 2003 c 111 s 215; and
(3) 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.
NEW SECTION. Sec. 37 Sections 5, 9, 13, and 19 of this act
expire January 1, 2006.
NEW SECTION. Sec. 38 (1) Sections 5, 9, 16, 17, 18, 21, 27, and
36 of this act are necessary for the immediate preservation of the
public peace, health, or safety, or support of the state government and
its existing public institutions, and take effect July 1, 2005.
(2) Sections 6, 10, 14, and 20 of this act take effect January 1,
2006."
SSB 5743 -
By Senator Mulliken
NOT ADOPTED 03/07/2005
In line 1 of the title, after "procedures;" strike the remainder of the title and insert "amending RCW 29A.04.103, 29A.04.109, 29A.04.163, 29A.08.010, 29A.08.010, 29A.08.030, 29A.08.107, 29A.08.110, 29A.08.110, 29A.08.115, 29A.08.140, 29A.08.140, 29A.08.145, 29A.08.210, 29A.08.220, 29A.08.250, 29A.08.520, 29A.08.520, 29A.08.651, 29A.08.775, 46.20.155, 29A.40.020, 29A.40.091, 29A.84.110, 29A.84.140, and 29A.84.650; reenacting and amending RCW 29A.84.670 and 9.94A.515; adding new sections to chapter 29A.08 RCW; adding a new section to chapter 29A.84 RCW; repealing RCW 29A.08.145, 29A.08.155, and 29A.08.230; prescribing penalties; providing effective dates; providing an expiration date; and declaring an emergency."