BILL REQ. #:  H-1847.1 

Read first time 02/21/2005.   Referred to Committee on State Government Operations & Accountability.

     AN ACT Relating to elections; amending RCW 29A.24.050, 42.17.710, 29A.08.010, 29A.08.140, 29A.08.520, 29A.40.091, 29A.44.201, 29A.08.625, 29A.84.140, and 29A.84.650; reenacting and amending RCW 29A.04.310; adding new sections to chapter 29A.08 RCW; adding new sections to chapter 29A.36 RCW; adding a new section to chapter 29A.84 RCW; adding new sections to chapter 29A.60 RCW; repealing RCW 29A.08.145; and prescribing penalties.

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

Sec. 101   RCW 29A.04.310 and 2005 c 2 s 8 (Initiative Measure No. 872) are each reenacted and amended to read as follows:
     Nominating primaries for general elections to be held in November, and the election of precinct committee officers, must be held on((:
     (1))) the third Tuesday of the preceding ((September; or
     (2) The seventh Tuesday immediately preceding that general election, whichever occurs first)) August.

Sec. 102   RCW 29A.24.050 and 2003 c 111 s 605 are each amended to read as follows:
     Except where otherwise provided by this title, declarations of candidacy for the following offices shall be filed during regular business hours with the filing officer no earlier than the fourth Monday in ((July)) May and no later than the following Friday in the year in which the office is scheduled to be voted upon:
     (1) Offices that are scheduled to be voted upon for full terms or both full terms and short terms at, or in conjunction with, a state general election; and
     (2) Offices where a vacancy, other than a short term, exists that has not been filled by election and for which an election to fill the vacancy is required in conjunction with the next state general election.
     This section supersedes all other statutes that provide for a different filing period for these offices.

Sec. 103   RCW 42.17.710 and 2003 c 164 s 3 are each amended to read as follows:
     (1) During the period beginning on the thirtieth day before the date a regular legislative session convenes and continuing ((thirty days past)) through the date of final adjournment, and during the period beginning on the date a special legislative session convenes and continuing through the date that session adjourns, no state official or a person employed by or acting on behalf of a state official or state legislator may solicit or accept contributions to a public office fund, to a candidate or authorized committee, or to retire a campaign debt.
     (2) This section does not apply to activities authorized in RCW 43.07.370.

NEW SECTION.  Sec. 201   A new section is added to chapter 29A.08 RCW to read as follows:
     The registration of a person who registered to vote before July 1, 2005, is moved to inactive status on July 1, 2007. That person must reregister in order to vote anything other than a provisional ballot at an election held after that date. The registration of a person who first registers to vote or reregisters after June 30, 2005, continues to be valid after July 1, 2007, unless canceled or inactivated as otherwise provided by law.

Sec. 202   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 name, complete residence 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, 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 or social security number, the registrant must be issued a unique voter registration number and 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.)) The person who is seeking to register must be instructed to list as his or her residence address, the physical location of where the person in fact lives. Each person may have only one primary residence for voting purposes. The voter may also designate a mailing address where he or she wishes to receive ballots and information, but the ballot the voter is eligible to receive will be determined by the physical location of the voter's primary residence. A primary residence may not include a private or public post office box or any other place where a person could not live. Persons who are without a primary residence or whose identity is legally protected may list the county courthouse as their primary residence. 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. 203   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.))

NEW SECTION.  Sec. 204   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, unless otherwise provided by federal law.

Sec. 205   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 if the records of the department of corrections clearly demonstrate that the felon is still incarcerated or has unpaid financial obligations, the secretary of state or county auditor shall 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. The notice will set forth a method of appealing the action.
     (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. 206   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. The canceling authority shall send notice of the cancellation to the presumed deceased person at his or her last known voter registration address. The notice will set forth a method of appealing the action.

NEW SECTION.  Sec. 207   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. The canceling authority shall send notice of the cancellation to the person at the address for which registration has been canceled. The notice will set forth a method of appealing the action.

NEW SECTION.  Sec. 301   A new section is added to chapter 29A.36 RCW to read as follows:
     All ballots and related materials if any, including the inner security envelope and the outer return envelope, must be printed on colored paper distinctive from other types of ballots. Provisional ballots, regular ballots to be voted at the polls, and absentee ballots must be of a distinctively different color.

NEW SECTION.  Sec. 302   A new section is added to chapter 29A.36 RCW to read as follows:
     All ballots, except for sample ballots, must be imprinted with a bar code for the purpose of identifying the ballot as a regular ballot to be voted at the polls, absentee ballot, or a provisional ballot. Poll-site counting machines must be programmed to count only those ballots with a poll-site bar code.
     The bar code must not identify the voter.

Sec. 303   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)) by 8:00 p.m. on the day of the election or primary for which the ballot was issued. Military ballots must have been signed by 8:00 p.m. on the day of the election or primary for which the ballot was issued and received by the appropriate county auditor by 5:00 p.m. on the day of the final county certification of the election or primary.
     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. 304   RCW 29A.44.201 and 2004 c 271 s 136 are each amended to read as follows:
     (1) A voter desiring to vote shall give his or her name and photo identification to the precinct election officer who has the precinct list of registered voters. This officer shall announce the name to the precinct election officer who has the copy of the inspector's poll book for that precinct. The election officers together shall compare the photograph on the identification with the appearance of the voter before them and compare the signature on the identification with the signature the voter has written in the poll book. They shall note in writing any obvious discrepancies of the photograph or the signatures, and transmit this record to the county auditor along with the voted ballots.
     (2) The secretary of state shall adopt rules regarding acceptable forms of identification. A Washington state driver's license or identicard or a United States passport shall be among the accepted forms of identification. The identification must contain a photograph of the voter and the voter's signature.
     (3) If the right of this voter to participate in the primary or election is not challenged, the voter must be issued a ballot or permitted to enter a voting booth or to operate a voting device. For a partisan primary in a jurisdiction using the physically separate ballot format, the voter must be issued a nonpartisan ballot and each party ballot. The number of the ballot or the voter must be recorded by the precinct election officers. If the right of the voter to participate is challenged, RCW 29A.08.810 and 29A.08.820 apply to that voter.

Sec. 401   RCW 29A.08.625 and 2003 c 111 s 240 are each amended to read as follows:
     (1) A voter whose registration or reregistration occurred after June 30, 2005, and who has been made inactive under this chapter and who offers to vote at an ensuing election before two federal elections have been held must be allowed to vote a regular ballot and the voter's registration restored to active status.
     (2) A voter whose registration has been made inactive because it occurred on or before June 30, 2005, or which has been properly canceled under this chapter shall vote a provisional ballot. The voter shall mark the provisional ballot in secrecy, the ballot placed in a security envelope, the security envelope placed in a provisional ballot envelope, and the reasons for the use of the provisional ballot noted.
     (3) Upon receipt of such a voted provisional ballot the auditor shall investigate the circumstances surrounding the original cancellation. If he or she determines that the cancellation was in error, the voter's registration must be immediately reinstated, and the voter's provisional ballot must be counted. If the original cancellation was not in error, the voter must be afforded the opportunity to reregister at his or her correct address, and the voter's provisional ballot must not be counted. If the voter was given a provisional ballot only because they had not registered or reregistered after June 30, 2005, the ballot must be counted. The voter will continue to vote provisional ballots until such time as they choose to register.
     (4) The names and addresses of provisional voters is not a matter of public record, and no one other than an election officer may contact an individual provisional voter. The election officer shall contact the voter via first class mail within forty-eight hours of discovery and shall inform the voter of relevant deadlines.

NEW SECTION.  Sec. 402   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. 403   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. 404   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.

NEW SECTION.  Sec. 405   A new section is added to chapter 29A.60 RCW to read as follows:
     The legislature declares that it is a matter of fundamental fairness that the voters of each county be given an equal amount of time to have election board errors discovered and corrected and for military votes from any county be given an equal amount of time to be counted. Notwithstanding any other provision of this chapter after the last of the counties have certified its final count, there shall be a period of twenty-four hours in which any county may amend its final certification to correct election board errors or count military ballots that were voted in a timely fashion but came into the county after certification.

NEW SECTION.  Sec. 406   A new section is added to chapter 29A.60 RCW to read as follows:
     Before a county may make a final certification of election returns the county will reconcile by precinct the number of ballots counted from the precinct and the number of voters credited with having cast a counted ballot. The number of ballots counted and the number of voters who cast those ballots will always be equal in any properly administered election. The county will report by precinct any variance of more ballots than voters or more voters than ballots.
     If the total number of ballots without voters, and voters without ballots, exceeds the winning margin in any election or primary, the election or primary as to that election is void. No certificate of election may be issued. A revote of that election must be held within sixty days.

NEW SECTION.  Sec. 501   RCW 29A.08.145 (Late registration -- Special procedure) and 2004 c 267 s 113, 2003 c 111 s 213, & 1993 c 383 s 1 are each repealed.